The alternative to using the existing data request infrastructure (Badger Voters) already in place to meet the Legislature’s directive, would be to develop a stand-alone subscription service for absentee ballot information requests. Additional costs to develop a new system outside of the existing infrastructure would need to be addressed. Additionally, Wis. Stat. §§ 5.05(14)(b) and 6.36(6) directs the Commission to establish a subscription service and fee structure for obtaining absentee data, therefore failure to promulgate such rules would be in direct conflict of these statutes.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Wis. Stat. § 6.36(6) directs the Commission to “establish by rule the fee for obtaining a copy of the official registration list, or a portion of the list, including access to the subscription service established under s. 5.05 (14)(b).” Wis. Stat. § 5.05 (14)(b) directs the Commission to “establish a subscription service whereby a person may electronically access the absentee ballot information provided under s. 6.33(5)(a), including semiweekly updates of such information.” Wis. Stat. § 5.05 (1) states that the Elections Commission “shall have the responsibility for the administration of chs. 5 to 10 and 12 and other laws relating to elections and election campaigns, other than laws relating to campaign financing.” Pursuant to such responsibility, the Elections Commission may “[p]romulgate rules under ch. 227 applicable to all jurisdictions for the purpose of interpreting or implementing the laws regulating the conduct of elections or election campaigns, other than campaign financing, or ensuring their proper administration.” Wis. Stat. § 5.05(1)(f). 5. Estimate of the amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
50 hours.
6. List with description of all entities that may be affected by the proposed rule:
Candidates, political parties, other political groups and the general public will be able to obtain absentee ballot information from a centralized location for a set cost on a semiweekly basis if requested. Absentee voters that have received a ballot from their clerk but have not returned it may be contacted by groups tracking information that is obtained through the subscription service.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The Elections Commission is unaware of any existing or proposed federal regulation directed at a subscription service or fee schedule for absentee ballot information.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The Elections Commission anticipates the rule having minimal or no economic impact, which includes no significant impact on small businesses.
Contact person: Nathan W. Judnic
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Michael Haas
Administrator
Wisconsin Elections Commission
March 23, 2017
Date Submitted
