(13) Observers shall not be permitted to handle an original version of any official election document.
(14) Observers shall not engage in electioneering as defined in s.12.03, Stats. If an observer violates s. 12.03, Stats., the chief inspector shall issue a warning under sub. 9 and, if the conduct continues, shall order the offending observer to depart the polling place or suffer removal under sub. 10.
(15) Observers shall not use a cellular telephone or other wireless communication device inside the voting area to make voice calls. Such use shall result in a warning under sub. 9 and, if the conduct continues, shall result in removal under sub. 10. Text messaging and other non-audible uses of such a device are permissible.
(16) Observers shall not engage in any conversation with election officials or other electors concerning a candidate, party, or question appearing on the ballot. Such conversation constitutes electioneering under s. 12.03, Stats., and shall result in a warning under sub. 9 and, if the conduct continues, removal under sub. 10. The chief inspector may order that other conversation be minimized if it is disruptive or interferes with the orderly conduct of the election.
(17) The restrictions on voter contact under sub. 16 shall not be construed to prevent any observer from assisting an elector under s. 6.82, Stats., provided that the elector requests the observer's assistance, and provided that the assistance meets the other requirements of s. 6.82, Stats., and the observer qualifies to provide assistance under that statute.
(18) Observers shall not wear any clothing or buttons having the name or likeness of, or text related to, a candidate, party, or referendum group appearing on the ballot or having text which describes, states, or implies that the observer is a governmental official or has any authority related to the voting process. Wearing such apparel at the polling place constitutes a violation of s. 12.03, Stats., and shall result in a warning under sub. 9 and, if the observer refuses to comply with the chief inspector's order, shall result in removal under sub. 10.
(19) Observers may not use any video or still cameras inside the polling place while the polls are open for voting. Failure to adhere to this subsection shall result in a warning under sub. 9 and, if the conduct continues, removal under sub. 10.
(20) After the polls close, candidates are allowed to be present and the prohibition of video and still cameras does not apply unless it is disruptive or interferes with the administration of the election.
GAB 4.02 Observers at the municipal clerk's office.
(1) Observers shall be permitted to be present at the municipal clerk's office, provided the clerk's office is located in a public building, or an alternate site for absentee voting designated under s. 6.855, Stats., on any day that absentee ballots may be cast in the office.
(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The municipal clerk shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.
(3) The clerk shall establish observation areas to allow observers to view all public aspects of the absentee voting process. The observers need not be allowed behind the counter in the clerk's office.
(4) All of the observers' questions shall be directed to the clerk.
(5) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the clerk, threatens the orderly conduct of the election or interferes with voting, the clerk shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10). (6) Observers may not use any video or still camera inside the clerk's office.
GAB 4.03 Observers at the central counting location.
(1) In a municipality using a central counting location under s. 5.86, Stats., observers shall be permitted to be present at the central counting location.
(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The municipal clerk shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.
(3) The clerk shall establish observation areas to allow observers to view all public aspects of the counting process.
(4) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the clerk, threatens the orderly conduct of the count, the clerk shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10).
(5) Observers shall be permitted to use a video or still camera inside the central count location unless it is disruptive or interferes with the administration of the election.
(6) All of the observers' questions and challenges shall be directed to the clerk.
GAB 4.04 Observers at absentee ballot canvass.
(1) In a municipality using a central absentee ballot canvass location under s. 7.52, Stats., observers shall be permitted to be present at the canvass location.
(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The board of absentee ballot canvassers shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.
(3) The board of absentee ballot canvassers shall establish observation areas to allow observers to view all public aspects of the canvassing process.
(4) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the board of absentee ballot canvassers, threatens the orderly conduct of the count, the board of absentee ballot canvassers shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10).
(5) Observers shall be permitted to use a video or still camera inside the absentee canvass location unless it is disruptive or interferes with the administration of the absentee ballot canvass.
(6) All of the observers' questions and challenges shall be directed to the member of the board of absentee ballot canvassers designated to receive questions and challenges.
GAB 4.05 Observers at absentee voting locations described in s. 6.875, Stats.
(1) One observer from each of the two political parties whose candidate for governor or president received the greatest number of votes in the municipality, in the last general election, may accompany the special voting deputies to absentee voting locations described in s. 6.875, Stats.
(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The special voting deputies shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.
(3) The special voting deputies shall establish observation areas to allow observers to view all public aspects of the absentee voting process.
(4) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the special voting deputies, threatens the orderly conduct of the absentee voting process, the special voting deputies shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10).
(5) Observers shall not be permitted to use a video or still camera inside the voting location.
(6) All of the observers' questions shall be directed to the special voting deputies.
GAB 4.06 Observers at a recount.
(1) Pursuant to s. 9.01 (1) (b) 11., Stats., the recount of any election shall be open to any interested member of the public including candidates and their counsel.
(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The board of canvassers shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.
(3) The board of canvassers may limit observers to a designated area, but the observers shall be positioned so that they can see the poll lists and each individual ballot as it is counted. If there is not room for all observers to view the ballots as they are being counted, visual preference shall be given to the candidates or their representatives.
(4) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the board of canvassers, threatens the orderly conduct of the count, the board of canvassers shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10).
(5) Observers shall be permitted to use a video or still camera inside the recount location unless it is disruptive or interferes with the administration of the election.
(6) All of the observers' questions and challenges shall be directed to the member of the board of canvassers designated to receive questions and challenges.
GAB 4.07 Communications media observers.
(1) Observers from communications media organizations shall identify themselves and the organization they represent to the chief inspector upon arriving at the polling place. The inspector shall record that information on the inspectors' statement, EB-104.
(2) Communications media observers shall be permitted to use video and still cameras provided the cameras are not used in a manner that allows the observer to see or record how an elector has voted and provided the cameras do not interfere with voting or disrupt the orderly conduct of the election.
GAB 4.08 Polling Place Accessibility Assessments.
(1) This section applies to disability advocates and other individuals authorized by the board to assess the compliance of a polling place with s. 5.25 (4) (a), Stats.
(2) When practical, groups and individuals observing under this section shall notify the clerk at least 24 hours in advance of their intent to assess polling place accessibility.
(3) Disability advocate observers shall be allowed out of the designated observation area to take accessibility measurements to ensure compliance with polling place accessibility requirements unless it is disruptive or interferes with the administration of the election.
(4) Disability advocate observers shall be allowed to take photos and video to document compliance with the accessibility requirements unless it is disruptive or interferes with the administration of the election.
(5) Disability advocate observers shall be allowed to wear shirts or name tags identifying themselves as disability advocate observers.
(6) Election officials, including poll workers, shall facilitate the work of disability advocates in making their accessibility assessments.
SECTION 3. EFFECTIVE DATE. This permanent rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s. 227.22(2)(intro.), Stats.
Agency Contact Person
Michael Haas, Staff Counsel, Government Accountability Board, 212 E. Washington Avenue, 3rd Floor, Madison, Wisconsin 53707-7984; Phone 608-266-0136; Michael.haas@wisconsin.gov.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs. 1
DNR # WA-33-10
NOTICE IS HEREBY GIVEN THAT pursuant to sections 227.16 and 227.17, Stats., the Department of Natural Resources will hold a public hearing on repeal of NR 502.12 (1) (a) to (f), (8) (a) 4. and 6. and (9); renumbering of NR 502.12 (8) (a) 5., 7. and 8.; renumbering and amendment of NR 502.12 (4) (e) 3.(note); amendment of NR 500.03 (45), (185), (253) and (262), NR 502.12 (title), (1) (intro.) and (note), (2), (3) (title), (intro.) and (a), (4) (title), (intro.), (c), (e) (intro.) and 3., (5) (title), (intro.), (b) to (e) and (f) (intro.), 1. and 2., (6) (title), (intro.), (b), (c) and (e), (7) (title), (intro.), (a) to (c), (8) (title) and (a) (intro.), (10) (intro.) and (a) to (e), (h) 3. and (j) (note), (11) (intro.), (a) and (b), (12) (a) and(b), (13) (title), (intro.), (b), (e), (f), (g), (h) and (k), (14) (a) and NR 518.04 (1) (intro.), (b) and (i); repeal and recreation of NR 502.12 (4) (e) 2., (7) (e) and (f), (8) (b), (11) (d), (15), (table 1) and (table 2); and creation of NR 500.03 (20r), (29), (30g), (30r), (44m), (86m), (88m), (155m), (219m) and (253m), NR 502.12 (4) (e) 4., (8) (c), (11) (e), (13) (m), (n), (o) and (p), and (16), Wis. Adm. Code, relating to composting of solid waste, at the date, time and locations listed below.
Hearing Information
The hearing for this matter will be held at 10:00 a.m. on Monday, December 13, 2010 at the following locations simultaneously (the locations will be linked electronically):
State Natural Resources Building (GEF 2) Room 513
101 South Webster Street
Madison, WI 53707
DNR Oshkosh Service Center
Suite 700
625 E. Cty Road Y,
Oshkosh, WI 54901
DNR Northern Region Rhinelander Headquarters
107 Sutliff Avenue
Rhinelander, WI 54501
DNR Southeast Region Headquarters
2300 N. Martin Luther King Jr Drive
Milwaukee, WI 53212
DNR West Central Region Headquarters
1300 West Claremont Avenue
Eau Claire, WI 54702
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Brad Wolbert at 608-264-6286, Brad.Wolbert@wisconsin.gov. A request must include specific information and must be received at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System website at http://adminrules.wisconsin.gov. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Brad Wolbert at 608-264-6286, Brad.Wolbert@wisconsin.gov.
Submittal of Written Comments
Comments on the proposed rule must be received on or before Tuesday, December 21. Written comments may be submitted via U.S. mail, fax, E-mail or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Brad Wolbert, Bureau of Waste and Materials Management,
Department of Natural Resources
101 South Webster Street
P.O. Box 7921
Madison, WI 53707
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