-Date 2022of LEGISLATUREenactment: LRB-5963/1 JK:cjs SENATE BILL 941 February 3, 2022 - Introduced by Senators L EM AHIEU, DARLING and S TROEBEL , cosponsored by Representatives VOS, ARMSTRONG , BEHNKE , ABRAL- GUEVARA , DALLMAN , DITTRICH, UNDRUM , ATSMA , KNODL, KRUG , UGLITSCH , MAGNAFICI, M URPHY, MURSAU , ENTERMAN , LUMER , ROZAR, SANFELIPPO, STEFFEN, TUSLER and W ITTKE.
ReferredSenate toBill Committee941 onDate Elections,of Electionpublication*: Process Reform and Ethics.
WISCONSIN ACT A N A CT to renumber and amend 6.275 (2);
andtoand to create 5.05 (19), 6.275 (1) (ab), 6.275 (1) (db), 6.275 (1) (eb), 6.275 (1) (ec), 6.275 (1) (ed), 6.275 (1) (ee), 6.275 (1) (ef), 6.275 (1) (eg), 6.275 (1) (eh), 6.275 (1) (g), 6.275 (1m), 6.275 (2) (b), 6.36 (7) and 16.54 (8s) of the statutes;
AnalysisThe bypeople of the Legislativestate Referenceof BureauWisconsin, Thisrepresented billin makeshall aappoint numberone ofindividual changes to currentserve lawas regardinglegal thecounsel oversightand ofsenate electionsand inassembly, thisdo state.enact as follows:
Federalthe fundslegislative Theleadership governorof isthe authorizedother undersuch currentpolitical lawparty toshall acceptappoint fundsone fromindividual the federal government and to designateserve theas statelegal agencycounsel. that will receive the funds.
Generally, a designated state agency must expend the funds consistent with federal requirements for accepting and spending the funds.
Under the bill, before the governor may disburse federal funds to the Elections Commission, the commission must submit a plan for use of the funds to the Joint Committee on Finance.
If the committee does not schedule a meeting to review the plan within 14 days of receiving the plan from the commission, the commission may implement the plan and the governor may disburse the funds.
If the committee schedules a meeting to review the plan within 14 days of receiving the plan from the commission, the commission may not implement the plan, and the governor may not disburse the funds, without the committee's approval.
- 2022 Legislature - 2 - LRB-5963/1 JK:cjs SENATE BILL 941 Federal election guidance The bill requires state agencies to submit federal election guidance, and communications from the federal government or the Department of Justice related to that guidance, to the senate majority leader, the senate minority leader, the speaker of the assembly, the assembly minority leader, the chairpersons of the standing committees with jurisdiction concerning elections, and the cochairpersons of the Joint Committee for Review of Administrative Rules no later than 48 hours after receiving the guidance or communication.
Under the bill, a state agency make not take any action to implement federal election guidance without the approval of JCRAR, except that if JCRAR does not schedule a meeting to review the guidance within 30 days of receiving the it, the state agency may implement the guidance.
The bill defines “federal election guidance” as any directive or guidance issued by the federal department of justice or any other executive branch agency of the federal government pertaining to elections, including the times, places, and manner for administering elections in this state.
Registration and voting statistics Under current law, no later than 30 days after an election, each municipal clerk must submit a report to the Elections Commission and to the county clerk of the county where the municipality is located that provides certain registration and voting statistics.
The report must provide the number of voters who voted in the election;
the number of voters who registered before election day;
the number of voters who registered on election day;
the number of voters who voted by absentee ballot;
and, generally, the results of the postelection audit to verify election day registrations.
Under the bill, the report that the municipal clerk submits to the commission and the county clerk after each election must also include the following:
1.
The total number of registered voters residing in the municipality on the day of the election 2.
The total number of voters who registered to vote beginning on the day of the immediately preceding election and ending on the day of the most recent election.
3.
The total number of voters voting absentee ballots by mail and the total number of voters voting absentee ballots in person.
4.
The total number absentee ballots returned by voters that were not counted and the reasons for why such ballots were not counted.
5.
The total number of voters casting ballots at the polling place.
6.
The total number of voters casting provisional ballots and the number of such ballots they were ultimately not counted.
7.
The total number of defective ballots that election officials recreated, with a separate itemization of such ballots cast by military and oversea electors, damaged ballots, and ballots recreated for other reasons.
8.
The location of each residential care facility and qualified retirement home to which the municipality dispatched special voting deputies and the total number of ballots cast by residents of the facilities and homes using special voting deputies.
9.
The number of voters whose personally identifiable information on the official registration list did not match the personally identifiable information LRB-5963/1 - 2022 Legislature - 3 - JK:cjs SENATE BILL 941 maintained by the Department of Transportation beginning on the day of the immediately preceding election and ending on the day of the most recent election;
a description of each mismatch;
and the number of such voters whose registration status was changed from eligible to ineligible.
The bill also requires that, no later than 30 days after each election at which a state or national office is filled, each county clerk submit to the Elections Commission a report that indicates the number of ballots that the county clerk ordered for each municipality and distributed to each municipality for the election;
the number of ballots ultimately cast in that election;
the number of ballots rejected and the reasons for rejection;
the number of unused ballots;
any other action that the county performed to reconcile the total number of ballots with the number of votes cast;
and an explanation of any discrepancy between the number of ballots ordered and the number distributed and of any discrepancy between the number of ballots distributed and the number cast or rejected.
Under the bill, within seven days after receiving a report from a municipal clerk under current law or from a county clerk under the bill, the Elections Commission must publish the report on the commission's Internet site in a format that is easily accessible to the public.
In addition, the commission must submit each county clerk's report to the legislature and the Legislative Audit Bureau within seven days after receiving the report.
Under the bill, LAB reviews the report and, within 30 days after receiving the report, submits a report to the legislature with its findings and recommendations, including a description of any discrepancies it found and any explanation of those discrepancies it received from local election officials.
Elections Commission legal counsel Current law requires that all employees of the Elections Commission be nonpartisan.
This bill requires that legal counsel for the commission be partisan.
Under the bill, the legislative leadership of one of the two major political parties that received the largest number of votes for president at the most recent presidential election appoints one individual to serve as legal counsel and the legislative leadership of the other such political party appoints one individual to serve as legal counsel.
Archived copy of the registration list Under the bill, on the first day of each month, the Elections Commission must archive an electronic copy of the official registration list as it appeared for the previous month and retain that copy for no less than 22 months.
For further information see the local 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:
5.05 (2m) (e) of the statutes is amended toSECTION read:3.
- 2022 Legislature - 4 - LRB-5963/1 JK:cjs SENATE BILL 941 SECTION 1 5.05 (2m) (e) No individual who serves as an employee of the commission and no individual who is retained by the commission to serve as a special investigator or a special counsel may, while so employed or retained, make a contribution to a candidate for state or local office.
No individual who serves as an employee of the commission, except for legal counsel, and no individual who is retained by the commission to serve as a special investigator or as special counsel, for 12 months prior to becoming so employed or retained, may have made a contribution to a candidate for a partisan state or local office.
In this paragraph, contribution has the meaning given in s.
11.0101 (8).
SECTION 2.
5.05 (4) of the statutes is amended to read:
5.05 (4) EMPLOYEES.
All employees of the commission shall be nonpartisan, except that legal counsel shall be partisan and shall be appointed as provided under this subsection.
The legislative leadership of one of the 2 major political parties that received the largest number of votes for president at the most recent presidential election shall appoint one individual to serve as legal counsel and the legislative leadership of the other such political party shall appoint one individual to serve as legal counsel.
SECTION 3.
5.05to (19)read: FEDERAL ELECTION GUIDANCE .
(a)5.05 In(19) thisF subsection:EDERAL ELECTION GUIDANCE .
1.(a) In this 5.05 (2m) (e) No individual who serves as an subsection:
employee of the commission and no individual who is 1.
retained by the commission to serve as a special investi- 2.
“Federal election guidance” means any directive gator or guidancea issuedspecial bycounsel themay, federalwhile departmentso ofemployed justiceor or anyguidance otherissued executiveby branch agency of the federal governmentdepartment pertainingof tojustice elections,or includingretained, themake times,a places,contribution andto mannera candidate for administeringstate electionsor inany thisother state,executive receivedbranch by an agency onof or after the effectivefederal dategovern- oflocal thisoffice. subdivision ....
No individual who serves as an employee of ment pertaining to elections, including the times, places, the commission, except for legal counsel, and no individ- and manner for administering elections in this state, ual who is retained by the commission to serve as a spe- received by an agency on or after the effective date of this cial investigator or as special counsel, for 12 months prior subdivision ....
LRB-5963/1to -becoming 2022so Legislatureemployed -or 5retained, -may JK:cjshave SECTIONmade 3a SENATE BILL 941 (b) An agency shall submit federal election guidance, andcontribution anyto communicationa withcandidate thefor departmenta ofpartisan justicestate or federallocal departmentand of justice or any othercommunication executive branch agency of the federal government related to that guidance, to the senate majority leader, the senate minority leader, the speaker of the assembly, the assembly minority leader, the chairpersons of the standing committees with jurisdiction concerning elections, and the cochairpersonsdepartment of thejustice joint committee for review of administrative rules no later than 48 hours after receiving the guidance or communication.office.
NoIn agencythis mayparagraph, takecontribution actionhas tothe implementmeaning federal electiondepartment guidance without approval from the joint committee for review of administrativejustice rules,or exceptany that,other ifexecutive thegiven committeein doess. not schedule a meeting for the purpose of reviewing the guidance within 30 days of receiving the guidance from the agency, the agency may implement the guidance.
11.0101 (8).
branch agency of the federal government related to that SECTION 2.
5.05 (4) of the statutes is amended to guidance, to the senate majority leader, the senate minor- read:
ity leader, the speaker of the assembly, the assembly 5.05 (4) EMPLOYEES.
All employees of the commis- minority leader, the chairpersons of the standing commit- sion shall be nonpartisan, except that legal counsel shall tees with jurisdiction concerning elections, and the be partisan and shall be appointed as provided under this cochairpersons of the joint committee for review of subsection.
The legislative leadership of one of the 2 administrative rules no later than 48 hours after receiving major political parties that received the largest number of the guidance or communication.
No agency may take votes for president at the most recent presidential election action to implement federal election guidance without * Section 991.11ISCONSINSTATUTES:
Effective date of acts.
“Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act − 2 − 2021 Senate Bill 941 approval from the joint committee for review of adminis- vided under s.
6.875, and the total number of ballots cast trative rules, except that, if the committee does not sched- by residents of the facilities and homes using special vot- ule a meeting for the purpose of reviewing the guidance ing deputies.
within 30 days of receiving the guidance from the agency, S ECTION 13.
6.275 (1) (g) of the statutes is created to the agency may implement the guidance.
read:
6.275 (1) (ab) of the statutes is created to 6.275 (1) (g) The number of electors residing in the read:
6.275municipality (1)whose personally identifiable information 6.275(1) (ab) The total number of registered electors on theofficial registration list maintained by the commis- residing in the municipality on the day of the primary or election.sion under s.
SECTION 5.
6.275 (1) (db) of the statutes is created to read:
6.275 (1) (db) The total number of electors of the municipality residing in that county who registered to vote beginning on the day of the immediately preceding primary or election and ending on the day of the most recent primary or election.
SECTION 6.
6.275 (1) (eb) of the statutes is created to read:
6.275 (1) (eb) The total number of electors of the municipality voting absentee ballots by mail at the primary or election.
SECTION 7.
6.275 (1) (ec) of the statutes is created to read:
6.275 (1) (ec) The total number of electors of the municipality voting absentee ballots in person at the primary or election.
- 2022 Legislature - 6 - LRB-5963/1 JK:cjs SENATE BILL 941 SECTION 8 SECTION 8.
6.275 (1) (ed) of the statutes is created to read:
6.275 (1) (ed) The total number absentee ballots returned by electors residing in the municipal at the primary or election that were not counted and the reasons why such ballots were not counted.
SECTION 9.
6.275 (1) (ee) of the statutes is created to read:
6.275 (1) (ee) The total number of electors of the municipality casting ballots at the polling place on the day of the primary or election.
SECTION 10.
6.275 (1) (ef) of the statutes is created to read:
6.275 (1) (ef) The total number of electors of the municipality casting provisional ballots under s.
6.97 at the primary or election and the number of such ballots not counted, as provided under s.
6.97 (3) (c).
SECTION 11.
6.275 (1) (eg) of the statutes is created to read:
6.275 (1) (eg) The total number of defective ballots cast by electors of the municipality that election officials recreated, with a separate itemization of such ballots cast by military and oversea electors, damaged ballots, and ballots recreated for other reasons.
SECTION 12.
6.275 (1) (eh) of the statutes is created to read:
6.275 (1) (eh) The location of each residential care facility and qualified retirement home to which the municipality dispatched special voting deputies, as provided under s.
6.875, and the total number of ballots cast by residents of the facilities and homes using special voting deputies.
SECTION 13.
6.275 (1) (g) of the statutes is created to read:
6.275 (1) (g) The number of electors residing in the municipality whose personally identifiable information on the official registration list maintained by the commission under s.
6.34election. (2m) did not LRB-5963/1 - 2022 Legislature - 7 - JK:cjs S ECTION 13 SENATE BILL 941 match the personally identifiable information maintained by the department of transportation beginning on the day of the immediately preceding primary or election and ending on the day of the most recent primary or election;
6.34 (2m) did not match the personally identifiable infor- SECTION 5.
6.275 (1) (db) of the statutes is created to mation maintained by the department of transportation read:
beginning on the day of the immediately preceding pri- 6.275 (1) (db) The total number of electors of the mary or election and ending on the day of the most recent municipality residing in that county who registered to primary or election;
and vote beginning on the day of the immediately preceding the number of such electors whose registration status was primary or election and ending on the day of the most changed from eligible to ineligible.
SECTIONrecent 14.primary or election.
6.275S (1m)ECTION of14. the statutes is created to read:
6.275(1m)6.275 No(1m) laterof thanthe 30statutes days after each election at which a state or national office is filledcreated or a statewide referendum is held, including any special election, each county clerk or county board of election commissioners shall submit electronically a report to theSECTION commission6. that provides the following:
(a)6.275 The(1) approximate(eb) number of electors in each municipality in the countystatutes thatis thecreated municipal clerk certified to theread: clerk or board under s.
5.66read: (1) for the election and the number of ballots that the clerk or board ordered under s.
6.275 (1m) No later than 30 days after each election 6.275 (1) (eb) The total number of electors of the at which a state or national office is filled or a statewide municipality voting absentee ballots by mail at the pri- referendum is held, including any special election, each mary or election.
county clerk or county board of election commissioners SECTION 7.
6.275 (1) (ec) of the statutes is created to shall submit electronically a report to the commission read:
that provides the following:
6.275 (1) (ec) The total number of electors of the (a) The approximate number of electors in each municipality voting absentee ballots in person at the pri- municipality in the county that the municipal clerk certi- mary or election.
fied to the clerk or board under s.
5.66 (1) for the election SECTION 8.
6.275 (1) (ed) of the statutes is created to and the number of ballots that the clerk or board ordered read:
under s.
6.275 (1) (ed) The total number absentee ballots (b) The number of ballots ordered under par.
(a) that returned by electors residing in the municipal at the pri- the county or board distributed to each municipality in mary or election that were not counted and the reasons the county.
(c)why Thesuch number of ballots distributedwere tonot eachcounted. municipality under par.
(b)(c) thatThe werenumber ultimatelyof castballots indistributed theto election.each munici- SECTION 9.
(d)6.275 The(1) number(ee) of ballotsthe distributedstatutes is created to pality under par.
(b) that electionwere inspectorsultimately rejected,cast andin the reasonselec- forread: rejection, and the number of ballots distributed under par.
(b)tion. that were remade by election inspectors and cast.
6.275 (1) (ee) The total number of electors of the (d) The number of ballots distributed under par.
(b) municipality casting ballots at the polling place on the that election inspectors rejected, and the reasons for day of the primary or election.
rejection, and the number of ballots distributed under par.
SECTION 10.
6.275 (1) (ef) of the statutes is created (b) that were remade by election inspectors and cast.
to read:
(b) 6.275 (1) (ef) The total number of electors of the that were not used in the election.
(f)municipality Anycasting otherprovisional actionballots that the county performed under s.
7.606.97 toat reconcile(f) Any other action that the totalcounty numberperformed ofunder ballotsthe withprimary or election and the number of votessuch cast.ballots not s.
-7.60 2022to Legislaturereconcile - 8 - LRB-5963/1 JK:cjs SENATE BILL 941 SECTION 14 (g) An explanation of any discrepancy between the numbertotal of ballots ordered and the number distributed and of any discrepancy between the number of ballots distributedwith and the numbercounted, castas orprovided rejected.under s.
SECTION6.97 15.(3) (c).
6.275number (2) of thevotes statutescast. is renumbered 6.275 (2) (a) and amended to read:
6.275SECTION (2)11. (a) Upon receipt of each report filed under this section, the commission shall, within 7 days of receiving the report, publish the information on its Internet site in a format that is easily accessible to the public.
The6.275 commission(1) shall(eg) updateof the informationstatutes publishedis undercreated this(g) subsectionAn onexplanation aof monthlyany basis.discrepancy between the to read:
SECTIONnumber 16.of ballots ordered and the number distributed and 6.275 (1) (eg) The total number of defective ballots of any discrepancy between the number of ballots distrib- cast by electors of the municipality that election officials uted and the number cast or rejected.
6.275recreated, (2)with (b)a separate itemization of thesuch statutesballots iscast createdS toECTION read:15.
6.275(2)6.275 (b)(2) Theof commissionthe shall,statutes withinis 7renumbered daysby aftermilitary receivingand aoversea reportelectors, underdamaged sub.ballots, and 6.275 (2) (a) and amended to read:
(1m),ballots submitrecreated thefor reportother toreasons. the senate majority leader, the senate minority leader, the speaker of the assembly, the assembly minority leader, the cochairpersons of the standing committees with jurisdiction concerning elections, and the legislative audit bureau.
The6.275 legislative(2) audit(a) bureauUpon shallreceipt reviewof theeach report and,filed within 30 days after receiving the report, shall submit a report to the legislature under s.SECTION 12.
13.1726.275 (2)(1) with(eh) itsof findingsthe andstatutes recommendations,is includingcreated athis descriptionsection, ofthe anycommission discrepanciesshall, itwithin found7 anddays any explanation of thoseto discrepanciesread: it received from local election officials.
SECTIONreceiving 17.the report, publish the information on its Inter- 6.275 (1) (eh) The location of each residential care net site in a format that is easily accessible to the public facility and qualified retirement home to which the The commission shall update the information published municipality dispatched special voting deputies, as pro- under this subsection paragraph on a monthly basis.
6.36Senate (7)Bill of941 the− statutes3 is− created2021 toWisconsin read:Act SECTION 16.
6.366.275 (7)(2) On(b) the first day of each month the commissionstatutes shallis archivecreated anto electronicSECTION copy18. of the official registration list as it appeared on the last day of the previous month and retain that copy for no less than 22 months.
SECTION 18.
LRB-5963/1read: - 2022 Legislature - 9 - JK:cjs SECTION 18 SENATE BILL 941 16.54 (8s) Before the governor may disburse funds received under sub.
(1)6.275 to(2) the(b) electionsThe commission,commission theshall, electionswithin commission7 shalldays establish16.54 a(8s) planBefore for the expendituregovernor ofmay suchdisburse funds andafter submitreceiving thea planreport tounder thesub. joint committee on finance.
If(1m), thesubmit cochairpersons of the jointreport committeereceived onunder financesub. do not notify the elections commission that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of the elections commission's submittal, the elections commission may implement the plan and the governor may disburse the funds to the elections commission.
If,(1) withinto 14the workingelections dayscommission, after the dateto of the electionssenate commission'smajority submittal,leader, the cochairpersonssenate ofminority theleader, committee notify the elections commission thatshall theestablish committee has scheduled a meetingplan for the purposeexpen- ofthe reviewingspeaker theof the plan,assembly, the electionsassembly commissionminority mayditure implementof thesuch plan,funds and submit the governorplan mayto disburse the funds,joint onlycom- withleader, the approvalcochairpersons of the committee.standing committees mittee on finance.
(END)If the cochairpersons of the joint com- with jurisdiction concerning elections, and the legislative mittee on finance do not notify the elections commission audit bureau.
The legislative audit bureau shall review that the committee has scheduled a meeting for the pur- the report and, within 30 days after receiving the report, pose of reviewing the plan within 14 working days after shall submit a report to the legislature under s.
13.172 (2) the date of the elections commission’s submittal, the elec- with its findings and recommendations, including a tions commission may implement the plan and the gover- description of any discrepancies it found and any expla- nor may disburse the funds to the elections commission.
nation of those discrepancies it received from local elec- If, within 14 working days after the date of the elections tion officials.
commission’s submittal, the cochairpersons of the com- SECTION 17.
6.36 (7) of the statutes is created to read:
mittee notify the elections commission that the commit- 6.36 (7) On the first day of each month the commis- tee has scheduled a meeting for the purpose of reviewing sion shall archive an electronic copy of the official regis- the the plan, the elections commission may implement tration list as it appeared on the last day of the previous the plan, and the governor may disburse the funds, only month and retain that copy for no less than 22 months.
with the approval of the committee.