February 16, 2022 - Introduced by Representatives Macco, Armstrong, Edming,
Gundrum, Knodl, Krug, Kuglitsch, Magnafici, Moses, Murphy, Mursau,
Penterman, Schraa and Spiros, cosponsored by Senators Bernier, Cowles,
Darling, Stroebel, Felzkowski, Marklein, Wanggaard and Ballweg.
Referred to Committee on State Affairs.

AB1003,1,8 1An Act to renumber and amend 7.08 (6); to amend 5.05 (5e); and to create
25.05 (2n), 5.05 (5s) (an), 5.05 (19), 5.05 (20), 7.08 (6) (a) 1. to 3. and (b), 9.01 (1)
3(b) 13. and 13.94 (1) (w) of the statutes; relating to: the resolution of complaints
4filed with the Elections Commission, submitting to the legislature copies of
5complaints filed with the Elections Commission, reports concerning possible
6violations of election laws, postelection audits of electronic voting systems,
7printing absentee ballot applications for recounts, and granting rule-making
8authority.

Under current law, any person may file a complaint with the Elections
Commission alleging a violation of election laws by a voter or an election official. The
commission may only initiate an investigation of an alleged violation of election laws
based on a sworn complaint filed with the commission. Neither the commission nor
the members or employees of the commission, including the administrator, may file
a sworn complaint for purposes of initiating an investigation. In addition, current
law authorizes any eligible voter to file a complaint with the commission requesting
the commission to compel an election official to conform his or her conduct to the law

or to restrain the official from taking any action inconsistent with the law. Current
law also authorizes a person to file a complaint with the commission indicating that
the person believes a violation of the federal Help America Vote Act regarding an
election for a national office in this state occurred, is occurring, or is proposed to
occur.

Current law prohibits public access to records obtained or prepared by the
Elections Commission in connection with an investigation, including the full text of
any complaint filed with the commission, with certain exceptions. For example, the
commission must provide such records to the Joint Committee on Finance in order
to receive supplemental funds for an ongoing investigation. In addition, the
commission must provide investigatory records to the Legislative Audit Bureau to
the extent necessary for the bureau to carry out its duties.

This bill requires that the Elections Commission resolve each complaint filed
with the commission no later than 60 days after receiving the complaint unless the
commission, by an affirmative vote of two-thirds of the members, approves
extending that time by an additional 60-day period. The bill allows the commission
to adopt more than one 60-day extension. Under the bill, during the 60-day period
and any extension of that period, the commission must determine, by an affirmative
vote of two-thirds of the members, whether to dismiss the complaint; initiate an
investigation; or grant the relief, in whole or in part, requested by the complainant.
If the commission fails to dismiss a complaint, the commission must initiate an
investigation or refer the matter to the attorney general or to a district attorney.
Finally, under the bill, a person who alleges that an action of the commission violated
or resulted in the violation of election laws may file a complaint and commence suit
in the circuit court for any county where the alleged violation occurred.

The bill also requires the Elections Commission to provide a copy of the full text
of any complaint received by the commission, along with documentation specifying
how the complaint was resolved, to the representative of the assembly of the
assembly district and the senator of the senate district where the violation alleged
in the complaint occurred, is occurring, or is proposed to occur and to the
cochairpersons of the legislative standing committees with jurisdiction over
elections no later than 30 days after the complaint was resolved. The bill requires
the commission to redact the names of individuals from the complaints and
documentation so provided.