SB159: Bill Text

LRB-2330/1

MPG:ahe

2019 - 2020 LEGISLATURE

2019 Senate BILL 159

April 11, 2019 - Introduced by Senators Smith, Miller, Hansen, Carpenter, Johnson, Larson, Ringhand, Risser, L. Taylor and Wirch, cosponsored by Representatives Emerson, Anderson, Brostoff, Hebl, Meyers, Ohnstad, Riemer, Sargent, Shankland, Sinicki, Spreitzer, Subeck, C. Taylor and Zamarripa. Referred to Committee on Elections, Ethics and Rural Issues.

SB159,1,10 An Act to renumber 5.07; to amend 5.05 (1) (e), 5.056, 5.06 (2), 5.25 (4) (b), 5.35 (6) (a) (intro.), 5.35 (6) (a) 5., 5.35 (6) (b), 5.35 (6) (c), 6.33 (2) (a), 6.35 (3), 6.86 (1) (b), 6.86 (3) (c), 12.09 (1), 12.09 (3), 12.60 (1) (a), 12.60 (4) and 85.61 (1); and to create 5.07 (2), 5.25 (4) (c), 5.35 (6) (a) 4c., 5.35 (6) (d), 6.256, 6.29 (2) (e), 7.08 (3) (d) to (g), 7.08 (13), 7.08 (14), 7.10 (11), 7.15 (16), 12.17, 12.19, 12.60 (1) (am), 12.60 (1) (an), 12.60 (1) (ap), 12.60 (1) (bn) and 343.14 (2p) of the statutes; relating to: automatic voter registration, deceptive election practices, voter intimidation and suppression, voter rights, polling place posting and language requirements, election manual requirements, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill makes various changes to laws relating to elections and voting, including the following:

Automatic voter registration

The bill requires the Elections Commission to use all feasible means to facilitate the registration of all eligible electors of this state and to maintain the registration of all eligible electors for so long as they remain eligible, except as the law specifically requires electors to take some action to continue their registrations. Under the bill, the commission must attempt to facilitate the initial registration of all eligible electors no later than July 1, 2023. To facilitate the initial registration, the bill directs the commission and the Department of Transportation to enter into an agreement so that DOT may transfer specified personally identifiable information in DOT's records to the commission. The bill requires the commission to maintain the confidentiality of any information it obtains under the agreement and allows a driver's license or identification card applicant to “opt out" of DOT's transfer of this information to the commission. Once the commission obtains all the information required under current law to complete an elector's registration, the commission adds the elector's name to the statewide registration list. The bill also permits an individual whose name is added to the registration list or who wishes to permanently exclude his or her name from the list to file a request to have his or her name deleted or excluded from the list or to revoke a deletion or exclusion request previously made. A deletion or exclusion request or revocation of a deletion or exclusion request may be made in the manner prescribed by the commission. In addition, the bill directs the commission to notify an individual by first class postcard whenever the commission removes his or her name from the registration list or changes his or her status on the list from eligible to ineligible.

The bill also directs the commission to report to the appropriate standing committees of the legislature, no later than July 1, 2021, its progress in initially implementing the registration system created by the bill. The report must contain an assessment of the feasibility and desirability or integration of registration information with information maintained by the Departments of Health Services, Children and Families, Workforce Development, Revenue, Safety and Professional Services, and Natural Resources; the University of Wisconsin System; and the Technical College System Board, as well as with the technical colleges in each technical college district.

Under current law, a qualified elector with a current and valid driver's license or identification card issued by DOT may register to vote electronically on a secure Internet site maintained by the commission. To register electronically under current law, a qualified elector must also authorize DOT to forward a copy of his or her electronic signature to the commission. The authorization affirms that all information provided by the elector is correct and has the same effect as a written signature on a paper copy of the registration form. Finally, current law requires the commission and DOT to enter into an agreement that permits the commission to verify the necessary registration information instantly by accessing DOT's electronic files.

Deceptive election practices

The bill prohibits any person from intentionally deceiving any other person regarding the date, time, place, or manner of conducting an election; the qualifications for voting or restrictions on the eligibility of electors to vote in an election; or the endorsement of candidates by specified persons. Any person who violates that prohibition with intent to prevent any person from exercising the right to vote in an election may be fined not more than $100,000 or imprisoned for not more than five years, or both.

The bill also permits any person who is aggrieved by an alleged violation described above to obtain a court order restraining the violation and to file a sworn complaint with the Elections Commission. If the commission finds that the facts alleged in the complaint, if true, would constitute a violation, it must promptly investigate the complaint. If the commission finds that a violation has occurred or is occurring, the commission must take all measures necessary to provide correct information to electors who may have been deceived by the actions of the alleged violator and must refer the matter to the appropriate authority for prosecution.

The bill directs the commission to promulgate rules concerning corrective measures that may be appropriate whenever violations occur. In addition, the bill directs the commission to report biennially to the appropriate standing committees of the legislature with regard to violations and actions taken in response to violations.

Voter intimidation and suppression

The bill provides that no person may make use of or threaten to make use of force, violence, restraint, or any tactic of coercion or intimidation in order to induce or compel any person to vote or refrain from voting at an election, to refrain from registering to vote at an election, or to vote or refrain from voting for or against a particular candidate or referendum question at an election. Violators may be fined not more than $100,000 or imprisoned for not more than three years, or both. Current law contains similar but not identical prohibitions, and under current law, violators may be fined not more than $10,000 or imprisoned for not more than three years and six months, or both.

The bill also provides that no person may knowingly attempt to prevent or deter another person from voting or registering to vote based upon fraudulent, deceptive, or spurious grounds or information. Violators may be fined not more than $50,000 or imprisoned for not more than two years, or both.

The bill also permits any elector of this state to sue for injunctive relief, a court order requiring or prohibiting certain action, or any other appropriate relief, to compel compliance with the bill's prohibitions and requirements relating to voter intimidation, suppression, and protection. Currently, an elector may be required to pursue administrative relief before filing suit and in some cases must petition a district attorney or the attorney general to file suit on his or her behalf.

Voter bill of rights

The bill creates a voter bill of rights that municipal clerks and boards of election commissioners must post at each polling place. The bill of rights informs voters that they have the right to do all of the following:

1. Vote if registered and eligible to vote.

2. Inspect a sample ballot before voting.

3. Cast a ballot if in line when the polling place closes or, if voting by in-person absentee ballot on the last day for which such voting is allowed, when the municipal clerk's office closes.

4. Cast a secret ballot.

5. Get help casting a ballot if disabled.

6. Get help voting in a language other than English as provided by law.

7. Get a new ballot, up to three ballots in all, if the voter makes a mistake on the ballot.

8. Cast a provisional ballot as provided by law.

9. Have the voter's ballot counted accurately.

10. Vote free from coercion or intimidation.

11. Report any illegal or fraudulent election activity.

Polling place posting and language requirements

Currently, municipal clerks and boards of election commissioners are directed by law to post specified materials at each polling place. Currently, the Elections Commission is also directed to ensure that in any jurisdiction in this state that is required under federal law to provide voting materials in a language other than English, the voting system used in that jurisdiction is in compliance with federal law.

This bill permits the commission to authorize another means of providing notice to electors of the information required to be posted if the commission determines that the alternative means of providing notice is at least as effective as posting.

The bill also requires that at each polling place located in a jurisdiction that is required under federal law to provide voting materials in a language other than English, all required postings must be made in that language as well as in English unless otherwise permitted by the commission. In addition, the bill directs the municipal clerk or board of election commissioners of any such jurisdiction to contact and coordinate with organizations that advocate for the rights of individuals who speak that language to ensure that each polling place in the jurisdiction adequately serves the needs of these individuals, and to endeavor to ensure that at least one of the election officials who serves at each polling place in the jurisdiction speaks that language.

Election manual

Under current law, the Elections Commission is required to publish an election manual explaining the duties of election officials. The election manual is subject to periodic review and revision and must emphasize that election officials should help, not hinder, electors in exercising their voting rights.

The bill provides a number of additional requirements for the election manual, including that the election manual be written in clear, unambiguous language; be indexed by subject; contain specific examples of common problems encountered at polling places on election day and detailed, specific procedures for resolving those problems; and include an explanation of the laws and rules governing solicitation at polling places, the rights of voters, and security procedures and other procedures to be followed at polling places.

Withholding of voluntarily provided elector information

Currently, the Elections Commission and municipal clerks must provide public access to information in their records unless otherwise provided by law or unless the custodian demonstrates that the public interest in withholding public access outweighs the public interest in providing that access. This bill provides that whenever the commission or a county or municipal clerk or board of election commissioners has the telephone number or electronic mail address of an elector that is voluntarily provided by the elector to the commission or to the clerk or board, the commission and the clerk and board are prohibited from providing access to that information except to election officials and employees to be used for the administration of elections.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

For further information see the state and 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:

SB159,1 Section 1. 5.05 (1) (e) of the statutes is amended to read:

SB159,5,10 5.05 (1) (e) Issue an order under s. 5.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a), permit a municipality to provide notices required at polling places by alternative means under s. 5.35 (6) (d), 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), or review and investigate complaints received under s. 12.17 (4) and order corrective measures under s. 12.17 (5) (a).

SB159,2 Section 2. 5.056 of the statutes is amended to read:

SB159,6,4 5.056 Matching program with secretary of transportation. The commission administrator shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally identifiable information maintained by the department of transportation. Subject to s. 343.14 (2p) (b), the agreement shall provide for the electronic transfer of information under s. 6.256 (2) to the commission on a continuous basis, no less often than monthly.

SB159,3 Section 3. 5.06 (2) of the statutes is amended to read:

SB159,6,14 5.06 (2) No Except as authorized in ss. 5.07 (2) and 12.17 (3), no person who is authorized to file a complaint under sub. (1), other than the attorney general or a district attorney, may commence an action or proceeding to test the validity of any decision, action or failure to act on the part of any election official with respect to any matter specified in sub. (1) without first filing a complaint under sub. (1), nor prior to disposition of the complaint by the commission. A complaint is deemed disposed of if the commission fails to transmit an acknowledgment of receipt of the complaint within 5 business days from the date of its receipt or if the commission concludes its investigation without a formal decision.

SB159,4 Section 4. 5.07 of the statutes is renumbered 5.07 (1).

SB159,5 Section 5. 5.07 (2) of the statutes is created to read:

SB159,6,23 5.07 (2) Whenever a violation of s. 5.25 (4) (b), 5.35 (6) (a) 4c., 7.08 (3), 12.09, or 12.19 occurs or is proposed to occur, any elector of this state may sue for injunctive relief, a writ of mandamus or prohibition, or such other legal or equitable relief as may be appropriate to compel compliance with the law. The action shall be filed in circuit court for the county where the violation occurs or is proposed to occur. In such actions, the court shall award costs and reasonable actual attorney fees to the plaintiff if the plaintiff prevails in the action.

SB159,6 Section 6. 5.25 (4) (b) of the statutes is amended to read:

SB159,7,5 5.25 (4) (b) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in any a language other than English, the commission shall, for each such language, ensure that the notices specified in s. 5.35 (6) are given in that language and the voting system used at each polling place in that jurisdiction is in compliance with 42 USC 1973aa-1a.

SB159,7 Section 7. 5.25 (4) (c) of the statutes is created to read:

SB159,7,14 5.25 (4) (c) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in a language other than English, the municipal clerk or board of election commissioners shall, for each such language, contact and coordinate with organizations that advocate for the rights of individuals who speak that language to ensure that each polling place in the jurisdiction adequately serves the needs of those individuals and shall endeavor to ensure that at least one of the election officials who serves at each polling place in the jurisdiction speaks that language.

SB159,8 Section 8. 5.35 (6) (a) (intro.) of the statutes is amended to read:

SB159,7,19 5.35 (6) (a) (intro.) At Except as authorized under par. (d), at each polling place in the state, the municipal clerk or board of election commissioners shall post the following materials, positioned so that they may be readily observed by electors entering the polling place or waiting in line to vote:

SB159,9 Section 9. 5.35 (6) (a) 4c. of the statutes is created to read:

SB159,7,21 5.35 (6) (a) 4c. A voter bill of rights in substantially the following form:

SB159,7,22 Voter Bill of Rights

SB159,7,23 You have the following rights:

SB159,8,4 • The right to vote if you are registered and eligible to vote. You are eligible to vote if you (1) are a U.S. citizen, (2) are at least 18 years old, (3) are registered where you currently live, (4) are not currently serving any portion of a felony sentence, including probation or supervision, (5) are not currently found mentally incompetent to vote by a court, and (6) have not placed a bet or a wager on the outcome of the election.

SB159,8,5 • The right to inspect a sample ballot before voting.

SB159,8,8 • The right to cast a ballot if you are in line when your polling place closes or when your municipal clerk's office closes if you are voting by in-person absentee ballot on the last day for which such voting is allowed.

SB159,8,10 • The right to cast a secret ballot, without anyone bothering you or telling you how to vote.

SB159,8,12 • If you have a disability, the right to get help casting your ballot from anyone you choose, except from your employer or union representative.

SB159,8,14 • The right to get help voting in a language other than English if enough voters where you live speak your language.

SB159,8,16 • The right to get a new ballot if you made a mistake. You can get up to 3 ballots in all if you make a mistake and have not already cast your ballot.

SB159,8,22 • The right to cast a provisional ballot. You can cast a provisional ballot if you are unable or unwilling to provide required proof of identification for voting or a valid driver license or identification card number for registering to vote on election day. Your provisional ballot will not be counted unless you provide the required information to the poll workers by 8:00 p.m. on election day or to the municipal clerk by 4:00 p.m. of the Friday following the election.

SB159,8,23 • The right to have your ballot counted accurately.

SB159,8,25 • The right to vote free from coercion or intimidation by any election official or other person.

SB159,9,2 • The right to report any illegal or fraudulent election activity to an elections official or the State of Wisconsin Elections Commission.

SB159,10 Section 10. 5.35 (6) (a) 5. of the statutes is amended to read:

SB159,9,5 5.35 (6) (a) 5. Any other voting information directed to be posted by the commission to be posted or to be noticed under par. (d).

SB159,11 Section 11. 5.35 (6) (b) of the statutes is amended to read:

SB159,9,16 5.35 (6) (b) At Except as authorized under par. (d), at each polling place in the state where a consolidated ballot under s. 5.655 is used or an electronic voting system is utilized at a partisan primary election incorporating a ballot upon which electors may mark votes for candidates of more than one recognized political party, the municipal clerk or board of election commissioners shall prominently post a sign in the form prescribed by the commission warning electors in substance that on any ballot with votes cast for candidates of more than one recognized political party, no votes cast for any candidates for partisan office will be counted unless a preference for a party is made. If the elector designates a preference, only votes cast for candidates of that preference will be counted.