Scope statements
Elections Board
Subject
Sections ElBd 2.05-2.11. Scope of regulated activity: treatment and sufficiency of nomination papers and petitions governed by s.
8.40, Stats., relating to the procedure for circulating nomination papers and petitions and determining their sufficiency; the procedure for challenging nomination papers and petitions; the procedure for responding to challenges to nomination papers and petitions; and the procedure for filing officer review of challenges to nomination papers and petitions.
Policy analysis
Objective of the Rule. To amend the Elections Board's existing rules; to amend the provisions that provide for the nomination paper and petition requirement of residency of the circulator and the standards for determining the sufficiency of nomination papers and petitions with respect to the residency of the circulator.
Description of policies - relevant existing policies, proposed new policies and policy alternatives considered:
Under the existing rules, nomination papers and petitions have to be circulated by residents of the jurisdiction or district in which the paper or petition is circulated.
Under the decision of Judge Barbara Crabb in Frami et al. v. Ponto et al., United States District Court for the Western District of Wisconsin, Case No. 02-C-515-C, the Elections Board is enjoined from enforcing a residency requirement with respect to the circulators of nomination papers. At its May 21, 2003 meeting, the Elections Board adopted a policy extending Judge Crabb's ruling to the evaluation and certification of recall petitions, petitions whose certification will result in a referendum election, and any other petition subject to the provisions of s.
8.40, Stats. To implement Judge Crabb's decision and to extend it to petitions, the Board is required to amend its existing rules governing nomination papers and petitions and governing challenges to those documents.
Statutory authority
Staff time required
8 hours of staff time.
Elections Board
Subject
Section ElBd 4.01. Scope of regulated activity: Election observers. Relating to the procedure for authorizing, under s.
7.39, Stats., the appointment of election observers to monitor compliance with election laws by local election officials.
Policy analysis
Objective of the Rule. To repeal the Elections Board's existing rule, s. ElBd 4.01 Election observers.
Description of policies - relevant existing policies, proposed new policies and policy alternatives considered:
Existing Chapter ElBd 4 was adopted to implement s.
7.39, Stats., relating to the appointment of election observers at polling places in a municipality. Subsequent to the enactment of s.
7.39, Stats., the legislature enacted a much broader statute, s.
7.41, Stats., that expanded the class of persons who may observe the proceedings at a polling place to include “any member of the public." Because any member of the public has the right to observe merely by being present, appointment as an observer is no longer necessary, thereby rendering s. 7.39, Stats., obsolete, necessitating its repeal. Consequently, the legislature repealed s. 7.39, Stats., in
1999 Wisconsin Act 182.
Statutory authority
Staff time required
6 - 8 hours of staff time.
Public Service Commission
Subject
Chapter
PSC 98, Wis. Adm. Code – Rules Within Meaning of and Pursuant to Section
300.304 of the Regulations of the Price Commission.
Policy analysis
Objective of the Rule. The objective of this rulemaking is to repeal ch.
PSC 98, Wis. Adm. Code. PSC ch.
98 was created in Docket No. PC-1 on October 10, 1972. The rules were adopted to meet all requirements in section 303.304 of the regulations of the Federal Price Commission in regard to increases in rates or charges of utilities, railroads, motor carriers, and carriers by water within the Public Service Commission's jurisdiction. It was created in response to the creation of the Price Commission under the Economic Stabilization Act of 1970. The Price Commission was established by Executive Order No. 11627, 1971, by the Nixon Administration to stabilize prices. This was a time of freezes on the prices of all commodities and services offered for sale except the prices charged for raw agricultural products.
The authority contained in the Economic Stabilization Act of 1970, as amended, to impose a system of mandatory wage and price controls expired on April 30, 1974, Executive Order No. 11781. Executive Order No. 11788 dated June 18, 1974, provided for the orderly termination of economic stabilization activities and in Section 10 revoked Executive Order No. 11627 of October 15, 1971. It also abolished the Cost of Living Council in Section 1.
Based upon this information there does not appear to be a need for the continued existence of ch.
PSC 98.
Statutory authority
The Commission estimates that approximately 5 hours of employee time will be required to develop the proposed repeal of the chapter. No additional resources are likely to be needed in order to complete this project.
