LRBs0425/1
JTK:kjf:jf
2009 - 2010 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2009 SENATE BILL 435
April 12, 2010 - Offered by Senator
Coggs.
SB435-SSA1,1,3
1An Act to repeal 7.23 (1) (b);
to amend 7.23 (1) (f), 7.23 (1) (g), 7.23 (1) (h) and
27.23 (2); and
to create 5.02 (4s) of the statutes;
relating to: the period for
3retention of certain election materials in state and local elections.
Analysis by the Legislative Reference Bureau
Currently, detachable recording units and compartments for use with
electronic voting machines may be cleared or erased no earlier than 14 days after any
primary and 21 days after any other election. Before clearing or erasing the units
or compartments, a municipal clerk or board of election commissioners must transfer
the data contained in the units or compartments to a disk or other recording medium
which may be erased or destroyed no earlier than 22 months after the election to
which the data relates.
This substitute amendment exempts municipalities from this transfer
requirement if the recording units and compartments are for use with tabulating
equipment for an electronic voting system that was approved by the Government
Accountability Board for use prior to January 1, 2009. However, the exemption
applies only at an election at which no federal office appears on the ballot. The
substitute amendment does not permit the clearing or erasing of such recording
units or compartments while a recount or appeal of a recount determination or
decision is pending nor during the time period following a recount or appeal of a
recount determination or decision when an appeal or petition for review may be filed
except by order of a court in which an appeal is pending. The substitute amendment
also applies the same limitation concerning pending recounts, appeals, and appeal
periods to other materials relating to a specific election.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB435-SSA1,2,32
5.02
(4s) "Federal election" means any election at which a national office
3appears on the ballot.
SB435-SSA1,2,96
7.23
(1) (f) Except as authorized in
pars. (b) and par. (g), ballots, applications
7for absentee ballots, registration forms, or other records and papers requisite to
8voting at any federal election, other than registration cards, may be destroyed after
922 months.
SB435-SSA1,2,1911
7.23
(1) (g) Detachable recording units and compartments for use with
12tabulating equipment for an electronic voting
machines system may be cleared or
13erased 14 days after any primary and 21 days after any other election. Before
14clearing or erasing the units or compartments, a municipal clerk shall transfer the
15data contained in the units or compartments to a disk or other recording medium
16which may be erased or destroyed 22 months after the election to which the data
17relates.
The requirement to transfer data does not apply to units or compartments
18for use with tabulating equipment for an electronic voting system that was approved
19for use prior to January 1, 2009, and that is not used in a federal election.
SB435-SSA1,3,2
17.23
(1) (h)
Ballots Except as provided in par. (f), ballots may be destroyed 30
2days after any election.
SB435-SSA1,3,214
7.23
(2) If
a recount is pending or if the time allowed for filing a recount petition
5at any election or an appeal or petition for review of any recount determination or
6decision at an election has not expired, no materials may be destroyed until after the
7recount is completed and the applicable time period has expired. In addition, if there
8is
a demand for a recount, notice of an election contest or any contest or litigation
9pending with respect to
a recount at an election, materials may be destroyed and
10recorders, recording units or compartments may be cleared or erased only by order
11of the
judge in whose court
in which litigation is pending
or if no litigation is pending,
12by order of any circuit judge for the affected jurisdiction. Upon petition of the
13attorney general or a district attorney or U.S. attorney for the affected jurisdiction,
14a circuit judge for the affected jurisdiction may order that specified materials not be
15destroyed or that specified recorders, units or compartments not be cleared or erased
16as otherwise authorized under this subsection until the court so permits.
The
17governor may by order permit the clearing of voting machine recorders on machines
18needed to conduct a special election prior to the time authorized under this
19subsection, unless there is a demand for recount, notice of an election contest or a
20contest or litigation pending, or a court of record orders that the recorders not be
21cleared.
SB435-SSA1,3,2423
(1) This act first applies with respect to elections held after the effective date
24of this subsection.
