2019 Assembly BILL 245

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

AB245,1,7 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. 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.

4. 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 service providers. Under this 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. Under this 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. This 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.

7. This bill 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.

8. 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. This bill specifies that the certified copies must be delivered or transmitted to the commission in a manner prescribed by the commission.

9. 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. This 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.

10. Current law requires that spring election ballots for town, village, and school district offices include sufficient space for write-in candidates. This bill requires that spring election ballots for city offices also include sufficient space for write-in candidates.

11. This 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.

12. Under current law, a poll list created for an election must be maintained for 22 months after the election. This bill provides that an original electronic poll list need not be maintained if a true copy is maintained for the 22-month period.

13. 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. This 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.

14. This 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.

15. 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. This bill removes any reference to a copying machine.

16. 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 this 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.