May 24, 2019 - Introduced by Senators Bernier, Miller, Smith, Bewley and
Schachtner, cosponsored by Representatives Tusler, Zamarripa, Spreitzer,
Anderson, Krug, Loudenbeck, Macco, Mursau, Ramthun, Vruwink and
Subeck. Referred to Committee on Elections, Ethics and Rural Issues.

SB240,1,7 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.

This bill makes various changes to the state's election laws, including the
following:

1. 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.

This 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. Under current law, only courts are authorized to review matters concerning
recounts. This 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. This 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.

This 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.