SB 795 — Relating to: investigations by the Elections Commission based on information from the Electronic Registration Information Center and from municipal clerks indicating that Wisconsin registered voters may have voted more than once in the same election, and complaints filed with the Elections Commission alleging election law violations. (FE)

- 2020 LEGISLATURE LRBa1245/1LRB-5389/2 MPG:cjs&klmMPG:skw SENATE AMENDMENT 1, TO SENATE BILL 795 February 17,11, 2020 - OfferedIntroduced by SenatorSenators ERNIER.B ERNIER, WANGGAARD , CRAIG and JACQUE , cosponsored by Representatives B RANDTJEN , ALLEN, D ITTRICH, G UNDRUM , OUDENBECK , MAGNAFICI and SKOWRONSKI .

AtReferred theto locationsCommittee indicated,on amendElections, theEthics billand asRural follows:Issues.

1.A N A CT to amend 5.05 (2m) (a), 6.56 (4) and 7.15 (1) (g);

Pageand 1,to linecreate 5:5.05 (2m) (fg) of the statutes;

deleterelating theto: material beginning with “election," and ending with “violations" on line 6 and substitute “election”.

2.investigations by the Elections Commission based on information from the Electronic Registration Information Center and from municipal clerks indicating that Wisconsin registered voters may have voted more than once in the same election, and complaints filed with the Elections Commission alleging election law violations.

PageAnalysis 2,by linethe 2:Legislative Reference Bureau Under current law, the administrator of the Elections Commission is required to enter into a membership agreement with the Electronic Registration Information Center (ERIC) to assist the commission in maintaining Wisconsin's official voter registration listThe information ERIC provides to the commission includes information about voters registered in Wisconsin who may have voted more than once in the same election because the voter also voted in another state.

deleteThis bill requires the materialcommission beginningto withobtain and examine after each general election information provided by ERIC indicating that lineindividuals andregistered endingto withvote pagein 3,Wisconsin linemay 5,have andvoted substitute:in another state in the same election.

“5.05Under (2m)the (a)bill, Theif, commissionafter shallexamination investigateof violationssuch ofinformation lawsand administeredother byrelevant information and documents, the commission anddetermines maybased prosecuteon allegedcriteria civilestablished violationsby ofthe thosecommission laws,that directlyan orelector throughhas itslikely agentsvoted undermore thisthan subsection,once pursuantin tothe allsame statuteselection, grantingthe orcommission assigningmust thatrefer authoritythe ormatter responsibility to the commission.appropriate district attorney or, in some circumstances, the attorney general.

- 2020 Legislature - 2 - LRB-5389/2 MPG:skw SENATE BILL 795 Also, under current law, after each election a municipal clerk is required to perform an audit to assure that no person has been allowed to vote more than once.

If a municipal clerk has good reason to believe that a person has voted more than once in an election, the municipal clerk is required to send the person a letter regarding the matter and send a copy of the letter and subsequent information to the local district attorney and the commission.

This bill applies those requirements to a municipal board of election commissioners and requires the Elections Commission to verify receipt by district attorneys of the required letters and information.

For purposes of election administration, municipal clerks are responsible for municipal election functions except that, in cities having a population of more than 500,000 (the city of Milwaukee), election functions are delegated by law to a municipal board of election commissioners.

The bill also includes additional reporting requirements relating to all of the commission's duties under the bill described above.

Finally, under current law, the commission may initiate an investigation of potential violations of Wisconsin's election laws only if a sworn complaint is filed with the commission alleging such a violation occurred.

Current law prohibits members of the commission, the commission administrator, and employees of the commission from filing a sworn complaint.

Under the bill, any member of the commission and the commission administrator or his or her designee may file a sworn complaint with the commission alleging election law violations.

For further information see the state and 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:

SECTION 1.

5.05 (2m) (a) of the statutes is amended to read:

5.05(2m) (a) The commission shall investigate violations of laws administered by the commission and may prosecute alleged civil violations of those laws, directly or through its agents under this subsection, pursuant to all statutes granting or assigning that authority or responsibility to the commission.

(fg), the commission may only initiate an investigation LRB-5389/2 - 2020 Legislature - 3 - MPG:skw SECTION 1 SENATE BILL 795 of an alleged violation of chs.

5 to 10 and 12, other than LRBa1245/1 - 2020 Legislature - 2 - MPG:cjs&klm an offense described under par.

Neither the commission nor any Any member or employee of the commission, including or the commission administrator, or his or her designee may file a sworn complaint for purposes of this subsection.”.subsection.

SECTION 2.

5.05 (2m) (fg) of the statutes is created to read:

5.05 (2m) (fg) 1.

After each general election, the commission shall obtain and examine information from the Electronic Registration Information Center, Inc., indicating that electors registered to vote in this state voted more than once in the same election.

2.

If, after examination of the information under subd.

1.

and other relevant information and documents, the commission determines based on criteria established by the commission that an elector has likely voted more than once in the same election, the commission shall refer the matter as provided in par.

(c) 11.

no later than 180 days after the commission obtains the information under subd.

1.

PageIf, 4,after lineexamination 2:of information received under s.

after6.56 (4) and other relevant information and documents, the commission determines that linean insert:elector has likely voted more than once in the same election, the commission shall refer the matter as provided in par.

“6.(c) 11.

Theno commissionlater maythan initiate180 andays investigationafter under this paragraph, and may initiate an investigation based on any information the commission receives from the Electronicinformation Registration Information Center, Inc., without the filing of a formal complaint under par.s.