LRB-3023/1
MPG&JK:emw
2021 - 2022 LEGISLATURE
May 3, 2021 - Introduced by Representative Magnafici, cosponsored by Senator
Bernier. Referred to Committee on Campaigns and Elections.
AB304,1,7
1An Act to repeal 5.06 (10);
to renumber and amend 5.06 (1);
to amend 5.06
2(4), 5.06 (7), 5.15 (4) (a), 5.60 (3) (ag), 5.62 (1) (a), 5.94, 6.45 (1), 6.46 (2), 6.47 (1)
3(ag), 6.47 (1) (dm), 7.08 (10), 7.23 (1) (e), 7.50 (2) (em), 7.52 (1) (b), 7.60 (5) (a),
49.01 (2), 10.01 (1), 10.06 (2) (d), 10.06 (2) (f), 10.06 (2) (j), 10.06 (2) (L), 10.06 (3)
5(as), 10.06 (3) (b), 10.06 (3) (c) and 10.06 (3) (d); and
to create 5.06 (1) (b) and
69.10 (2) (e) 9. of the statutes;
relating to: elections administration, recall
7petitions, and recount procedures.
Analysis by the Legislative Reference Bureau
This bill makes various changes to the state's election laws, including the
following:
1. Temporary orders related to the conduct of elections.
Under current law, the Elections Commission is authorized to review the
conduct of election officials for violations of law and abuse of discretion. Current law
provides that the commission may, after investigation, issue an order requiring an
election official to conform his or her conduct to the law, restraining an election
official from taking an action inconsistent with the law, or requiring an election
official to correct an action or decision inconsistent with the law.
The bill authorizes the commission to issue such other temporary orders of
limited effect as it deems necessary to carry out its powers and duties in reviewing
the conduct of election officials.
2. Review of the conduct of recounts.
Under current law, only courts are authorized to review matters concerning
recounts. The bill does not affect that authority but additionally authorizes the
commission to review the decision or other conduct of an election official with respect
to matters concerning a recount in order to determine whether the official's decision
or other conduct is contrary to law or constitutes an abuse of discretion. That
authority mirrors the commission's authority with respect to other matters arising
in the course of elections. Under the bill, the commission may not review a final
recount determination that is ripe for appeal in court.
3. Delivery of recount petitions to candidates.
The bill alters the methods of delivery of a recount petition to candidates in an
election. Under current law, a petition for a recount for an elected office must be filed
with the clerk or body with whom nomination papers are filed for that office. The
clerk or body is required to deliver the petition to each opposing candidate or the
candidate's designated agent. The candidate or agent must acknowledge personal
delivery of the petition by signing a receipt. If a candidate or agent does not
personally accept delivery of the petition, the clerk or body must promptly deliver the
copies of the petition to the sheriff, who must then deliver the copies of the petition
to each candidate at the address given on the candidate's nomination papers in the
manner provided for service of a summons in civil actions.
The bill adds the following steps to this process:
a. If a candidate or agent does not personally accept delivery of the petition, the
clerk or body is required to attempt to notify the candidate or agent of the petition
by e-mail and by telephone and, upon receiving acknowledgment from the candidate
or agent, retain documentation of that notice.
b. If the clerk or body does not receive acknowledgment by e-mail or by
telephone, the clerk or body must deliver copies of the petition to the sheriff for
service as described above. However, if the sheriff does not serve a copy of the petition
within 24 hours, the clerk or body must publish or post notice of the petition, which
must occur at least 24 hours before the start of the recount.
4. Information concerning domestic abuse and sexual assault victim service
providers.
Under current law, the commission is required to provide information on a
continuing basis to all municipal clerks concerning the names and addresses of
domestic abuse and sexual assault victim service providers. Under the bill, the
commission is required to provide that information only as needed to verify the
voting eligibility of a voter whose identity must be kept confidential because the voter
is the victim of domestic abuse, sexual assault, or stalking.
5. Legible printing of signers' names on a recall petition.
Under the bill, an individual's signature on a recall petition may not be counted
unless, among the other requirements provided under current law, the signer legibly
prints his or her name in a space provided next to his or her signature.
6. Notice of referendums on the ballot at spring and partisan primaries.
The bill requires county clerks to publish a type A notice of a referendum prior
to a partisan primary or spring primary if a referendum will appear on the ballot at
the spring or partisan primary. Under current law, a type A notice of a referendum
must contain the text of the ballot question and a statement specifying where a copy
of the resolution directing submission of the question may be obtained.
The bill also requires municipal clerks to publish certain notices, required
under current law for spring and general elections, prior to a partisan primary or
spring primary when a referendum will appear on the ballot at the spring or partisan
primary.
7. Delivery to the commission of certified statements regarding an election.
Under current law, each county clerk is required to deliver or transmit to the
commission a certified copy of each statement of a county board of canvassers
regarding an election within certain specified time periods after primaries and all
other elections. The bill specifies that the certified copies must be delivered or
transmitted to the commission in a manner prescribed by the commission.
8. Appointment of election inspectors for canvassing absentee ballots.
Current law allows a municipality to appoint additional election inspectors for
the canvassing of absentee ballots by the municipal board of absentee ballot
canvassers. Under current law, an inspector so appointed must be a qualified elector
of the municipality. The bill provides that if the municipality cannot identify a
sufficient number of qualified electors of the municipality to serve as inspectors, the
municipality may appoint qualified electors of the county in which the municipality
is located to serve as inspectors.
9. Ballot space for write-in candidates for city office.
Current law requires that spring election ballots for town, village, and school
district offices include sufficient space for write-in candidates. The bill requires that
spring election ballots for city offices also include sufficient space for write-in
candidates.
10. Names of independent candidates for state office listed on the partisan
primary ballot.
The bill eliminates the requirement that a partisan primary ballot list the
names of independent candidates for state office. Prior to July 1, 2011, listing the
names of independent candidates for state office on the partisan primary ballot was
necessary for determining eligibility for providing public financing for such
candidates. Current law no longer provides public financing for campaigns for state
office.
11. Maintaining poll lists after an election.
Under current law, a poll list created for an election must be maintained for 22
months after the election. The bill provides that an original electronic poll list need
not be maintained if a true copy is maintained for the 22-month period.
12. Notice of ballot form and contents when an electronic voting system is
used for an election.
Under current law, when a municipality uses an electronic voting system for an
election, the clerks of the county and municipality where the system is used must
provide notice of the ballot form and contents by arranging for the publication of an
actual-size copy of the ballot. Current law, however, allows a publisher to reduce the
size of the facsimile ballot for publication purposes. The bill eliminates the
inconsistency between these two provisions by eliminating the requirement that the
clerks arrange for publication of an actual-size copy of the ballot.
13. Paper copies of registration lists used in an election.
The bill specifies that a municipal clerk need not make paper copies of a
registration list for use in an election if an electronic registration list is used.
14. References to copying machines.
Under current law, a municipal clerk is required upon request to provide a
candidate one copy of the current poll list for those areas for which he or she is a
candidate. Current law specifies that if a copying machine is unavailable, the clerk
is required to remove the lists from the office to make copies and return the lists
immediately thereafter. The bill removes any reference to a copying machine.
15. Counting of write-in votes.
Under current law, one of the circumstances under which all write-in votes
must be counted for a particular office in an election occurs if a candidate certified
to appear on the ballot dies or withdraws before the election. Under the bill, all
write-in votes must be counted under that circumstance only if a candidate certified
to appear on the ballot dies before the election.
16. Commission rules relating to forms of election notices.
Under current law, the commission is required to make rules and draft
whatever forms it considers necessary to standardize the form of various election
notices. The bill eliminates the requirement to make such rules but not the
requirement to draft standardized forms.
17. Establishing ward lines.
The bill provides that, for the purpose of creating wards, no ward line may cross
the boundary of a congressional, assembly, or supervisory district.
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:
AB304,1
1Section
1. 5.06 (1) of the statutes is renumbered 5.06 (1) (a) and amended to
2read:
AB304,5,18
15.06
(1) (a) Whenever any
elector of a jurisdiction or district served by an
2election official person authorized under par. (b) to file a complaint believes that a
3decision or action of
the an election official or the failure of the official to act with
4respect to any matter concerning nominations, qualifications of candidates, voting
5qualifications, including residence, ward division and numbering, recall, ballot
6preparation, election administration
or, conduct of elections
, or, subject to par. (b) 2.,
7conduct of a recount, is contrary to law, or the official has abused the discretion vested
8in him or her by law with respect to any such matter, the
elector authorized person 9may file a written sworn complaint with the commission requesting that the official
10be required to conform his or her conduct to the law, be restrained from taking any
11action inconsistent with the law
, or be required to correct any action or decision
12inconsistent with the law or any abuse of the discretion vested in him or her by law.
13The complaint shall set forth such facts as are within the knowledge of the
14complainant to show probable cause to believe that a violation of law or abuse of
15discretion has occurred or will occur. The complaint may be accompanied by relevant
16supporting documents. The commission may conduct a hearing on the matter in the
17manner prescribed for treatment of contested cases under ch. 227 if it believes such
18action to be appropriate.
AB304,2
19Section
2. 5.06 (1) (b) of the statutes is created to read:
AB304,5,2120
5.06
(1) (b) The following persons are authorized to file a complaint under this
21subsection:
AB304,5,2322
1. An elector of a jurisdiction or district served by an election official who is a
23subject of the complaint.
AB304,6,224
2. A candidate voted for at an election who is an aggrieved party, as determined
25under s. 9.01 (1) (a) 5., or an elector who voted upon a referendum question at an
1election, with respect to a recount under s. 9.01, except that a recount determination
2that is ripe for appeal under s. 9.01 (6) is not reviewable under this subsection.
AB304,3
3Section
3. 5.06 (4) of the statutes is amended to read:
AB304,6,94
5.06
(4) The commission may, on its own motion, investigate and determine
5whether any election official, with respect to any matter
concerning nominations,
6qualifications of candidates, voting qualifications, including residence, ward
7division and numbering, recall, ballot preparation, election administration or
8conduct of elections specified in sub. (1), has failed to comply with the law or abused
9the discretion vested in him or her by law or proposes to do so.
AB304,4
10Section
4. 5.06 (7) of the statutes is amended to read:
AB304,6,1411
5.06
(7) The commission may withdraw, modify
, or correct an order issued
12under sub. (6) within a timely period if it finds such action to be appropriate.
The
13commission may issue such other temporary orders of limited effect as it deems
14necessary to carry out its powers and duties under this section.
AB304,5
15Section
5. 5.06 (10) of the statutes is repealed.
AB304,6
16Section
6. 5.15 (4) (a) of the statutes is amended to read:
AB304,7,1117
5.15
(4) (a) Except as provided in par. (c), the division ordinance or resolution
18shall number all wards in the municipality with unique whole numbers in
19consecutive order, beginning with the number one, shall designate the polling place
20for each ward, and shall describe the boundaries of each ward consistent with the
21conventions set forth in s. 4.003.
No ward line may cross the boundary of a
22congressional, assembly, or supervisory district. The ordinance or resolution shall
23be accompanied by a list of the block numbers used by the U.S. bureau of the census
24that are wholly or partly contained within each ward, with any block numbers partly
25contained within a ward identified, and a map of the municipality which illustrates
1the revised ward boundaries. If the legislature, in an act redistricting legislative
2districts under article IV, section 3, of the constitution, or in redistricting
3congressional districts, establishes a district boundary within a municipality that
4does not coincide with the boundary of a ward established under the ordinance or
5resolution of the municipality, the municipal governing body shall, no later than
6April 10 of the 2nd year following the year of the federal decennial census on which
7the act is based, amend the ordinance or resolution to the extent required to effect
8the act. The amended ordinance or resolution shall designate the polling place for
9any ward that is created to effect the legislative act. Nothing in this paragraph shall
10be construed to compel a county or city to alter or redraw supervisory or aldermanic
11districts.
AB304,7
12Section
7. 5.60 (3) (ag) of the statutes is amended to read:
AB304,7,1713
5.60
(3) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
14giving the names of all candidates for city offices, printed in the same form as
15prescribed by the commission under s. 7.08 (1) (a).
Sufficient space shall be provided
16on the ballot for write-in candidates. City election ballots may vary in form to
17conform to the law under which an election is held.
AB304,8
18Section
8. 5.62 (1) (a) of the statutes is amended to read:
AB304,8,1019
5.62
(1) (a) At the partisan primary, the following ballot shall be provided for
20the nomination of candidates of recognized political parties for national, state
, and
21county offices
and independent candidates for state office in each ward, in the same
22form as prescribed by the commission under s. 7.08 (1) (a), except as authorized in
23s. 5.655. The ballots shall be made up of the several party tickets with each party
24entitled to participate in the primary under par. (b) or sub. (2) having its own ballot,
25except as authorized in s. 5.655. The ballots shall be secured together at the bottom.
1The party ballot of the party receiving the most votes for president or governor at the
2last general election shall be on top with the other parties arranged in descending
3order based on their vote for president or governor at the last general election. The
4ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying
5under par. (b), in the same order in which the parties filed petitions with the
6commission. Any ballot required under par. (b) 2. shall be placed next in order. At
7polling places where voting machines are used, each party shall be represented in
8one or more separate columns or rows on the ballot. At polling places where an
9electronic voting system is used other than an electronic voting machine, each party
10may be represented in separate columns or rows on the ballot.
AB304,9
11Section
9. 5.94 of the statutes is amended to read:
AB304,8,20
125.94 Sample ballots; publication. When an electronic voting system
13employing a ballot that is distributed to electors is used, the county and municipal
14clerk of the county and municipality in which the polling place designated for use of
15the system is located shall cause to be published, in the type B notices, a
true
16actual-size copy of the ballot containing the names of offices and candidates and
17statements of measures to be voted on, as nearly as possible, in the form in which they
18will appear on the official ballot on election day. The notice may be published as a
19newspaper insert. Municipal clerks may post the notice if the remainder of the type
20B notice is posted.