SB178: Bill Text

LRB-0645/1

MPG&JK:emw

2021 - 2022 LEGISLATURE

2021 Senate BILL 178

March 8, 2021 - Introduced by Senator Bernier, cosponsored by Representative Magnafici. Referred to Committee on Elections, Election Process Reform and Ethics.

SB178,1,7 An Act to repeal 5.06 (10); to renumber and amend 5.06 (1); to amend 5.06 (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) (ag), 6.47 (1) (dm), 7.08 (10), 7.23 (1) (e), 7.50 (2) (em), 7.52 (1) (b), 7.60 (5) (a), 9.01 (2), 10.01 (1), 10.06 (2) (d), 10.06 (2) (f), 10.06 (2) (j), 10.06 (2) (L), 10.06 (3) (as), 10.06 (3) (b), 10.06 (3) (c) and 10.06 (3) (d); and to create 5.06 (1) (b) and 9.10 (2) (e) 9. of the statutes; relating to: elections administration, recall petitions, 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:

SB178,1 Section 1. 5.06 (1) of the statutes is renumbered 5.06 (1) (a) and amended to read:

SB178,5,18 5.06 (1) (a) Whenever any elector of a jurisdiction or district served by an election official person authorized under par. (b) to file a complaint believes that a decision or action of the an election official or the failure of the official to act with respect to any matter concerning nominations, qualifications of candidates, voting qualifications, including residence, ward division and numbering, recall, ballot preparation, election administration or, conduct of elections, or, subject to par. (b) 2., conduct of a recount, is contrary to law, or the official has abused the discretion vested in him or her by law with respect to any such matter, the elector authorized person may file a written sworn complaint with the commission requesting that the official be required to conform his or her conduct to the law, be restrained from taking any action inconsistent with the law, or be required to correct any action or decision inconsistent with the law or any abuse of the discretion vested in him or her by law. The complaint shall set forth such facts as are within the knowledge of the complainant to show probable cause to believe that a violation of law or abuse of discretion has occurred or will occur. The complaint may be accompanied by relevant supporting documents. The commission may conduct a hearing on the matter in the manner prescribed for treatment of contested cases under ch. 227 if it believes such action to be appropriate.

SB178,2 Section 2. 5.06 (1) (b) of the statutes is created to read:

SB178,5,21 5.06 (1) (b) The following persons are authorized to file a complaint under this subsection:

SB178,5,23 1. An elector of a jurisdiction or district served by an election official who is a subject of the complaint.

SB178,6,2 2. A candidate voted for at an election who is an aggrieved party, as determined under s. 9.01 (1) (a) 5., or an elector who voted upon a referendum question at an election, with respect to a recount under s. 9.01, except that a recount determination that is ripe for appeal under s. 9.01 (6) is not reviewable under this subsection.

SB178,3 Section 3. 5.06 (4) of the statutes is amended to read:

SB178,6,9 5.06 (4) The commission may, on its own motion, investigate and determine whether any election official, with respect to any matter concerning nominations, qualifications of candidates, voting qualifications, including residence, ward division and numbering, recall, ballot preparation, election administration or conduct of elections specified in sub. (1), has failed to comply with the law or abused the discretion vested in him or her by law or proposes to do so.

SB178,4 Section 4. 5.06 (7) of the statutes is amended to read:

SB178,6,14 5.06 (7) The commission may withdraw, modify, or correct an order issued under sub. (6) within a timely period if it finds such action to be appropriate. The commission may issue such other temporary orders of limited effect as it deems necessary to carry out its powers and duties under this section.