AB746: Bill Text

LRB-4221/1

JTK:med:jm

2011 - 2012 LEGISLATURE

2011 Assembly BILL 746

March 15, 2012 - Introduced by Representative Roys. Referred to Committee on Election and Campaign Reform.

AB746,2,6 An Act to repeal 5.02 (24r), 5.37, 5.40 (3) (b), 5.40 (4), 5.40 (5), 5.53, 5.77 (2), 5.90 (2) and (3), 5.91 (18), 6.82 (3), 7.25, 7.50 (2) (hm), 7.51 (2) (g) and (h), 7.51 (3) (c), 9.01 (1) (b) 6. to 8., 10.07 (2) and 12.13 (3) (y); to renumber and amend 5.77 (1), 5.90 (1) and 10.07 (1); to amend 5.02 (1c), 5.02 (1e), 5.02 (4m), 5.02 (24g), 5.05 (1) (e), 5.05 (14), 5.15 (6) (b), 5.35 (4), 5.40 (title), 5.40 (1), 5.40 (2), 5.40 (3) (intro.), 5.40 (5m), 5.40 (6), 5.40 (7), 5.51 (6), 5.54, 5.55, 5.56, 5.62 (1) (a), 5.655 (1), 5.66, 5.68 (1), 5.68 (3), 5.72 (1), 5.76, 5.78, 5.81 (1), 5.81 (3), 5.85 (2) (a), 5.85 (5), 5.91 (6), 5.91 (7), 5.91 (9), 5.94, 6.15 (3), 6.80 (1), 6.80 (2) (a), 6.80 (2) (am), 6.80 (2) (f), 6.80 (3) (title), 6.80 (3) (b), 6.82 (2) (a) and (b), 6.96, 6.965, 6.97 (1), 7.03 (1) (a) and (d), 7.08 (1) (d), 7.10 (6), 7.15 (2) (c), 7.15 (3), 7.15 (6), 7.23 (1) (h), 7.23 (2), 7.30 (1) (a), 7.37 (4), 7.41 (5), 7.51 (2) (a), 7.51 (6), 8.50 (3) (c), 8.55 (4), 9.01 (1) (a) 1., 9.01 (1) (a) 2. a., 9.01 (1) (ag) 1., 1m. and 2., 9.01 (1) (b) 8m. and 8s., 9.01 (1) (b) 10., 9.01 (2), 9.01 (3), 9.01 (4), 9.01 (6) (a), 9.01 (7) (a), 10.01 (2) (b), 10.02 (2) (c), 10.02 (3) (a), 10.02 (3) (b) 1., 10.02 (3) (b) 2., 10.02 (3) (b) 3. and 4., 10.02 (3) (c), 10.02 (3) (d), 10.02 (3) (e), 10.02 (3) (f), 10.06 (3) (am) and (bm), 10.06 (3) (e), 12.13 (2) (b) 6., 12.13 (3) (f), 12.13 (3) (j), 12.60 (1) (a), 67.05 (3) (a) 7. and 120.06 (11); and to create 5.91 (19) and 7.41 (4m) of the statutes; relating to: discontinuance of the use of voting machines, recounts of machine-readable ballots, petitions for recounts, inspection of areas where voted ballots are stored, and destruction of ballots after an election.

Analysis by the Legislative Reference Bureau

This bill makes various changes in election laws relating to the discontinuance of the use of voting machines, recounts of machine-readable ballots, petitions for recounts, the inspection of areas where voted ballots are stored, and the destruction of ballots after an election.

Discontinuance of the use of voting machines

Currently, with limited exceptions, every municipality with a population of 7,500 or more must use voting machines or an electronic voting system at all primaries and other elections held in the municipality. Either mechanical or electronic voting machines may be used. No electronic voting system, including an electronic voting machine, may be used unless the system meets statutory standards and is approved by the Government Accountability Board for use at elections held in this state. All voting machines must be tested before each election to determine if they are functioning properly. If voting machines are used, ballots need not be printed and distributed to electors, but if electronic voting machines are used, the machines must maintain a cumulative tally of votes cast that is retrievable in the event of a power outage, evacuation, or malfunction so that the record of the votes cast prior to the time that the problem occurs is preserved. This bill discontinues the authorization for municipalities to use mechanical or electronic voting machines at elections held in this state. Under the bill, if an electronic voting system is used, the system must be of a type in which printed ballots are distributed to electors.

Recounts of machine-readable ballots

Currently, with a limited exception, a board of canvassers must use automatic tabulating equipment to conduct a recount of ballots that are in machine-readable form. However, a candidate, or an elector if the recount is for a referendum question, may petition the circuit court for an order requiring ballots in machine-readable form to be recounted by hand or by another method approved by the court. To obtain such an order, the candidate or elector must show by clear and convincing evidence that due to an irregularity or mistake committed during the voting or canvassing process the results of a recount using automatic tabulating equipment will produce incorrect results and there is a substantial probability that recounting the ballots by hand or by another method will produce a more correct result and change the outcome of the election. This bill provides instead that the elector who petitions for a recount, a candidate at the election, or an elector who voted in a referendum that is the subject of a recount may file a written demand for the board of canvassers to recount the ballots in an election, or the ballots from a specified ward or polling place, by hand, in which case the board of canvassers must recount those ballots by hand.

Petitions for recounts

Currently, any candidate voted for at an election may petition for a recount of the votes cast at the election. If the difference between the votes cast for the leading candidate and the candidate receiving the next highest number of votes is less than ten if 1,000 or less votes are cast or not more than 0.5 percent if more than 1,000 votes are cast, the cost of the recount is paid by the local government or governments where the votes are cast. If the difference in the numbers of votes cast exceeds that level, the petitioner must may a fee that depends upon the difference in the numbers of votes cast. This bill permits any elector who voted in an election for an office to petition for a recount of the votes cast at the election. Under the bill, the petitioner must pay a fee equal to the actual cost of performing the recount.

Destruction of ballots after an election

Currently, ballots at an election may be destroyed no earlier than 30 days after the election except that: 1) ballots at a federal election must be retained until 22 months after that election; 2) if a recount or appeal of a recount is pending or if the time for petitioning for a recount or review of a recount determination has not expired on the 30th day after an election, ballots must be retained until the recount or appeal is finally adjudicated; and 3) a court may order the retention of ballots for a longer period. This bill provides that ballots at an election must be retained until 14 days before the next regularly scheduled election but in no case earlier than 30 days after an election.

Inspection of areas where voted ballots are stored

This bill permits any individual, with reasonable prior notice to a municipal clerk or board of election commissioners, to inspect an area in which ballots relating to an election are stored after the election. The bill does not permit an individual to inspect ballots or to require the breaking of seals on ballot bags or containers.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB746, s. 1 Section 1. 5.02 (1c) of the statutes is amended to read:

AB746,4,3 5.02 (1c) "Automatic tabulating equipment" means apparatus which automatically examines and counts votes recorded on ballots or voting machines and tabulates the results.

AB746, s. 2 Section 2. 5.02 (1e) of the statutes is amended to read:

AB746,4,8 5.02 (1e) "Ballot" means a ballot label, sheet of paper or envelope on which votes are recorded. The term also includes a sheet or card, filmstrip or other device listing or containing information relative to offices, candidates and referenda which is placed, projected or composed on the board or screen inside a voting machine.

AB746, s. 3 Section 3. 5.02 (4m) of the statutes is amended to read:

AB746,4,13 5.02 (4m) "Electronic voting system" means a system in which votes are recorded on ballots, and the votes are subsequently counted and tabulated by automatic tabulating equipment. The term also includes a voting machine on which votes are recorded and tabulated by electronic means.

AB746, s. 4 Section 4. 5.02 (24g) of the statutes is amended to read:

AB746,4,16 5.02 (24g) "Voting device" means an apparatus other than a voting machine which the elector uses to record his or her votes on a ballot.

AB746, s. 5 Section 5. 5.02 (24r) of the statutes is repealed.

AB746, s. 6 Section 6. 5.05 (1) (e) of the statutes is amended to read:

AB746,5,2 5.05 (1) (e) Delegate to its legal counsel the authority to intervene in a civil action or proceeding under sub. (9), issue an order under s. 5.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a), exempt a municipality from the requirement to use voting machines or an electronic voting system under s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such limitations as the board deems appropriate.

AB746, s. 7 Section 7. 5.05 (14) of the statutes is amended to read:

AB746,5,7 5.05 (14) Information from county and municipal clerks. The board may request information from county and municipal clerks relating to election administration, performance of electronic voting systems and voting machines, and use of paper ballots in elections.

AB746, s. 8 Section 8. 5.15 (6) (b) of the statutes, as affected by 2011 Wisconsin Act 75, is amended to read:

AB746,5,25 5.15 (6) (b) No later than 30 days before each election, the governing body of any municipality may by resolution combine 2 or more wards for voting purposes to facilitate using a common polling place. Whenever wards are so combined, the original ward numbers shall continue to be utilized for all official purposes. Except as otherwise authorized under this paragraph, every municipality having a population of 35,000 or more shall maintain separate returns for each ward so combined. In municipalities having a population of less than 35,000, the governing body may provide in the resolution that returns shall be maintained only for each group of combined wards at any election. Whenever a governing body provides for common ballot boxes and ballots or voting machines, separate returns shall be maintained for each separate ballot required under ss. 5.62 and 5.64 at the partisan primary and general election. The municipal clerk shall transmit a copy of the resolution to the county clerk of each county in which the municipality is contained. In municipalities having a population of less than 35,000, the resolution shall remain in effect for each election until modified or rescinded, or until a new division is made under this section.

AB746, s. 9 Section 9. 5.35 (4) of the statutes is amended to read:

AB746,6,8 5.35 (4) Layout; organization. All voting booths and machines shall be placed apart from other activities in the polling place, with their exteriors in full view of the election officials. Only the proper election officials, persons observing the proceedings under s. 7.41, persons assisting voters under s. 6.82 (2) and electors receiving, preparing or depositing their ballots or casting their votes on the machines are permitted in the voting area. Except where assistance is authorized, only one elector at a time is permitted in a voting booth or machine.

AB746, s. 10 Section 10. 5.37 of the statutes, as affected by 2011 Wisconsin Acts 23 and 32, is repealed.

AB746, s. 11 Section 11. 5.40 (title) of the statutes is amended to read:

AB746,6,12 5.40 (title) Use of voting machines or systems.

AB746, s. 12 Section 12. 5.40 (1) of the statutes is amended to read:

AB746,6,20 5.40 (1) Except as permitted in sub. (3) or as required in subs. (4) to (5m) and (6), the governing body or board of election commissioners of every municipality with a population of 10,000 or more before July 1, 1995, or of 7,500 or more thereafter shall require the use of voting machines or electronic voting systems in every ward in the municipality at every election. Any other governing body or board of election commissioners may adopt and purchase voting machines or electronic voting systems for use in any ward in the municipality at any election.

AB746, s. 13 Section 13. 5.40 (2) of the statutes is amended to read:

AB746,6,23 5.40 (2) Only voting machines complying with s. 5.37 or electronic voting systems approved under s. 5.91 may be used in an election in this state.

AB746, s. 14 Section 14. 5.40 (3) (intro.) of the statutes is amended to read:

AB746,7,3 5.40 (3) (intro.) Notwithstanding sub. (1), any municipality may elect to utilize paper ballots and voting booths instead of voting machines or an electronic voting system:

AB746, s. 15 Section 15. 5.40 (3) (b) of the statutes is repealed.

AB746, s. 16 Section 16. 5.40 (4) of the statutes is repealed.