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:
