The resolution of complaints filed with the Elections Commission, submitting to the legislature copies of complaints filed with the Elections Commission, reports concerning possible violations of election laws, postelection audits of electronic voting systems, printing absentee ballot applications for recounts, and granting rule-making authority. (FE)

This bill requires that the Elections Commission resolve each complaint filed with the commission no later than 60 days after receiving the complaint unless the commission, by an affirmative vote of two-thirds of the members, approves extending that time by an additional 60-day period. The bill allows the commission to adopt more than one 60-day extension. Under the bill, during the 60-day period and any extension of that period, the commission must determine, by an affirmative vote of two-thirds of the members, whether to dismiss the complaint; initiate an investigation; or grant the relief, in whole or in part, requested by the complainant.

If the commission fails to dismiss a complaint, the commission must initiate an investigation or refer the matter to the attorney general or to a district attorney.

Finally, under the bill, a person who alleges that an action of the commission violated or resulted in the violation of election laws may file a complaint and commence suit in the circuit court for any county where the alleged violation occurred.

The bill also requires the Elections Commission to provide a copy of the full text of any complaint received by the commission, along with documentation specifying how the complaint was resolved, to the representative of the assembly of the assembly district and the senator of the senate district where the violation alleged in the complaint occurred, is occurring, or is proposed to occur and to the cochairpersons of the legislative standing committees with jurisdiction over elections no later than 30 days after the complaint was resolved. The bill requires the commission to redact the names of individuals from the complaints and documentation so provided.

Reports concerning election law violations This bill requires the Elections Commission to submit to the legislature and the governor no later than January 31 each year a report that includes all of the following:

1. The number of formal complaints filed with the commission in the previous year, a description of each complaint, and a description of all actions the commission took to address the complaint.

2. The total number of investigations the commission conducted in the previous year and a description of the nature of each investigation.

3. The number of informal reports of possible violations of election laws, including violations of election laws or other misconduct alleged to have been committed by election officials, that the commission received the previous year, including reports received on the toll-free hotline current law requires the commission to maintain for voters to report possible violations of election laws. The commission's report must include a description of each general category of concerns reported to the commission and an explanation of each such category.

The bill additionally requires the Elections Commission to promulgate rules establishing procedures for the commission's consideration and handling of both formal complaints and informal reports of possible violations of election laws, including violations of election laws or other misconduct alleged to have been committed by election officials.

Postelection audits of electronic voting systems Under current law, after each general election, the Elections Commission is required to perform an audit of electronic voting systems used in the election and take remedial actions if the audit yields an error rate exceeding that which is permitted under standards established by the Federal Election Commission.

Under the bill, each such audit must be completed no later than November 30 after each general election and must include all of the following:

1. Electronic voting system equipment used in at least four reporting units in the city of Milwaukee, at least four reporting units in the city of Madison, at least one reporting unit in each of the 20 other largest municipalities in Wisconsin, and at least 5 percent of the reporting units in all other municipalities combined.

2. At least one piece of electronic voting system equipment used in each county in the state.

3. At least five reporting units that used each type of electronic voting system approved for use in the state.

The bill also requires the Elections Commission to promulgate rules that do all of the following:

1. Establish an error rate for purposes of the postelection audits. The bill eliminates the requirement that the error rate not exceed that permitted under standards established by the Federal Election Commission.

2. Establish a process for the postelection audits that provides for the random selection of reporting units and that, except with respect to audits conducted in the cities of Milwaukee and Madison and the 20 other largest municipalities in Wisconsin, as specified above, ensures reporting units are selected for audit from geographic areas throughout Wisconsin.

Finally, the bill requires the Legislative Audit Bureau to analyze the postelection audits conducted after each general election and make recommendations to the legislature for improving the audit process and for improving the accuracy of voting systems, if it determines that improvements are needed. The bill requires LAB to submit its report no later than the January 15 following each general election. Under current law, the chairperson of the Elections Commission, or the chairperson's designee, is required to canvass and certify the results of the general election on or before December 1 following election.

Printing absentee ballot applications for recounts Under this bill, in the event of a recount, the municipal clerk is required to print and make available for purposes of the recount paper copies of all absentee ballot applications received electronically for the election.