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Printing absentee ballot applications for recounts
Under this bill, in the event of a recount, the municipal clerk is required to print
and make available for purposes of the recount paper copies of all absentee ballot
applications received electronically for the election.
For further information see the state 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:
SB936,1 1Section 1. 5.05 (2n) of the statutes is created to read:
SB936,4,142 5.05 (2n) Resolution of complaints. (a) The commission shall resolve each
3complaint received by the commission, including a complaint received under s. 5.06,
4no later than 60 days after receiving the complaint unless the members of the
5commission, by an affirmative vote of two-thirds of the members, approve extending
6the time for resolving the complaint by an additional period of 60 days. The
7commission may adopt more than one 60-day extension under this subsection.
8During the 60-day period, and any extension of that period, the commission shall
9determine, by an affirmative vote of two-thirds of the members, whether to dismiss
10the complaint; initiate an investigation; or grant the relief, in whole or in part,
11requested by the complainant. If the commission fails to dismiss a complaint by an
12affirmative vote of two-thirds of the members, the commission shall initiate an
13investigation or refer the matter to the attorney general or to a district attorney, as
14provided under this section.
SB936,4,1815 (b) A person who alleges that an action of the commission violated or resulted
16in the violation of the laws under chs. 5 to 10 or 12 may file a sworn complaint and
17commence suit in the circuit court for any county where the alleged violation
18occurred without first filing the complaint with the commission.
1Section 2. 5.05 (5e) of the statutes is amended to read:
SB936,5,152 5.05 (5e) Annual report. The commission shall submit an annual report under
3s. 15.04 (1) (d) and shall include in its annual report the names and duties of all
4individuals employed by the commission and a summary of its determinations and
5advisory opinions issued under sub. (6a). Except as authorized or required under
6sub. (5s) (f), the commission shall make sufficient alterations in the summaries to
7prevent disclosing the identities of individuals or organizations involved in the
8decisions or opinions. The commission shall identify in its report the statutory duties
9of the commission administrator, together with a description of the manner in which
10those duties are being fulfilled. Notwithstanding sub. (5s) and s. 12.13 (5), the
11commission shall also specify in its report the total number of investigations
12conducted by the commission since the last annual report and a description of the
13nature of each investigation.
The commission shall make such further reports on the
14matters within its jurisdiction and such recommendations for further legislation as
15it deems desirable.
SB936,3 16Section 3. 5.05 (5s) (an) of the statutes is created to read:
SB936,6,217 5.05 (5s) (an) No later than 30 days following the resolution of each complaint
18filed with the commission under sub. (2m) (c) or s. 5.06 or 5.061, the commission shall
19provide a copy of the full text of the complaint, with all personally identifiable
20information, as defined in s. 19.62 (5), redacted, and documentation specifying how
21the complaint was resolved to the representative of the assembly of the assembly
22district and the senator of the senate district where the violation alleged in the
23complaint occurred, is occurring, or is proposed to occur and to the cochairpersons
24of the assembly and senate standing committees with jurisdiction over elections. The

1commission shall redact all names of individuals from all copies of complaints and
2documentation provided under this paragraph.
SB936,4 3Section 4. 5.05 (19) of the statutes is created to read:
SB936,6,84 5.05 (19) Reports of alleged election law violations. (a) Notwithstanding
5sub. (5s) and s. 12.13 (5), annually, no later than January 31, the commission shall
6submit to the chief clerk of each house of the legislature for referral to the appropriate
7standing committees under s. 13.172 (2) and to the governor a report that includes
8all of the following:
SB936,6,119 1. The number of complaints filed with the commission in the previous year
10under sub. (2m) (c) and ss. 5.06 and 5.061, a description of each complaint, and a
11description of all actions the commission took to address the complaint.
SB936,6,1312 2. The total number of investigations the commission conducted in the previous
13year and a description of the nature of each investigation.
SB936,6,1914 3. The number of informal reports, including reports received via the toll-free
15hotline maintained under sub. (13), of possible violations of election laws, including
16violations of election laws or other misconduct alleged to have been committed by
17election officials, that the commission received the previous year. The report shall
18include a description of each general category of concerns reported to the commission
19and an explanation of each such category.
SB936,6,2220 (b) Annually, the administrator shall testify before the standing committees
21specified in par. (a) at the direction of the standing committees concerning the
22commission's report under par. (a).
SB936,6,2423 (c) The commission shall provide a copy of its annual report under par. (a) to
24each county and municipal clerk and board of election commissioners.
SB936,5 25Section 5. 5.05 (20) of the statutes is created to read:
15.05 (20) Rules regarding reports of election related concerns. The
2commission shall promulgate rules establishing procedures for the commission's
3consideration and handling of all formal complaints and informal reports of possible
4violations of election laws, including violations of election laws or other misconduct
5alleged to have been committed by election officials, that the commission receives,
6including reports received via the toll-free hotline maintained under sub. (13).
SB936,6 7Section 6. 7.08 (6) of the statutes is renumbered 7.08 (6) (a) (intro.) and
8amended to read:
SB936,7,189 7.08 (6) (a) (intro.) Following Complete, no later than November 30 following
10each general election, an audit of the performance of each electronic voting system
11used in this state to determine the error rate of the system in counting ballots that
12are validly cast by electors. If the error rate exceeds the rate permitted under
13standards of the federal election commission in effect on October 29, 2002 the rules
14promulgated under par. (b) 1.
, the commission shall take remedial action and order
15remedial action to be taken by affected counties and municipalities to ensure
16compliance with the standards those rules. Each county and municipality shall
17comply with any order received under this subsection. Each audit performed under
18this subsection shall include all of the following:
SB936,7 19Section 7. 7.08 (6) (a) 1. to 3. and (b) of the statutes are created to read:
SB936,7,2320 7.08 (6) (a) 1. Electronic voting system equipment used in at least 4 reporting
21units in the city of Milwaukee, at least 4 reporting units in the city of Madison, at
22least one reporting unit in each of the 20 other largest municipalities, and at least
235 percent of the reporting units in all other municipalities combined.
SB936,7,2524 2. At least one piece of electronic voting system equipment used in each county
25in this state.
13. At least 5 reporting units that used each type of electronic voting system
2approved under s. 5.91.
SB936,8,33 (b) The commission shall promulgate rules that do all of the following:
SB936,8,44 1. Establish an error rate for purposes of par. (a).
SB936,8,145 2. Establish a process for audits under this subsection that provides for a
6random selection of reporting units and that, except with respect to audits conducted
7in the municipalities specified in par. (a) 1., ensures reporting units are selected for
8audit from geographic areas throughout this state. The process shall provide that
9if the commission randomly selects a reporting unit for audit with fewer than 10
10ballots cast, the commission shall randomly select another reporting unit for audit
11in that municipality until the commission selects a reporting unit with at least 10
12ballots cast. Additionally, the process shall provide that the county clerk shall
13oversee the counting of ballots by hand in connection with the audits as a part of the
14county canvass under s. 7.60.
SB936,8 15Section 8. 9.01 (1) (b) 13. of the statutes is created to read:
SB936,8,1816 9.01 (1) (b) 13. The municipal clerk shall print and make available for each
17recount paper copies of all absentee ballot applications received electronically by the
18municipal clerk for the election.
SB936,9 19Section 9. 13.94 (1) (w) of the statutes is created to read:
SB936,8,2420 13.94 (1) (w) Analyse the results of audits conducted under s. 7.08 (6). No later
21than the January 15 following each general election, the bureau shall submit a report
22to the legislature under s. 13.172 (2) with its recommendations for improving the
23audit process under s. 7.08 (6) and for improving the accuracy of voting systems, if
24it determines that improvements are needed.
SB936,8,2525 (End)