Wisconsin: Elections board upholds ban on observers’ use of cameras | Milwaukee Sentinel-Journal

There will be no selfies — or any other photos taken by observers — at the polls this August. The state elections board decided Monday to support a rule banning election observers from taking photos and videotaping what happens at the polls, including selfies and photos of family members. The state Government Accountability Board, which oversees state elections, has banned observers from using cameras for years and did so again in a 4-2 voice vote Monday. Thomas Barland, John Franke, Gerald Nichol and Elsa Lamelas voted in favor of upholding a section that prohibited cameras in polling areas, while Timothy Vocke and Harold Froelich said the prohibition should be removed to allow for an experiment to see whether cameras could be used responsibly in the partisan primary Aug. 12. The board’s ruling will likely stay in place for the primary election and Nov. 4 general election. The issue arose anew as the board finalized administrative rules on election observers.

Wisconsin: Elections board to consider lifting ban on poll observers using cameras | Wisconsin State Journal

The ban on election observers using cameras at polling locations may soon be lifted in Wisconsin. That move, which was recommended by the Republican-controlled Legislature, is set to be considered Monday when the state elections board meets to vote on proposed changes to election observer rules. If the Government Accountability Board approves the change, observers might be able to use cameras to photograph and record voters and others at polling places by the Aug. 12 primary, including people getting ballots and registering to vote. Earlier this year, Gov. Scott Walker signed a bill allowing observers to get closer to those they are monitoring. The legislation said that observation areas at polling places can be as close as three feet from the tables where voters obtain ballots or register, or from counting locations — rather than the six feet previously required. Observers would need to remain in those areas while filming or taking photographs of voters, and photographing ballots would still be prohibited.

Wisconsin: State lags behind offering online voter registration | Associated Press

Wisconsin may soon be in a minority of states that don’t allow voters to register online. The state, long considered a model for its high voter turnout and election administration, seems stubbornly old-fashioned as it sticks to paper registration while others move to online systems that are simpler, cheaper and less prone to errors, elections experts told lawmakers recently. Legislators from both parties have expressed interest in online registration, but progress has been stymied by a long-standing fight over same-day voter registration and other party divisions. Two bills that would have allowed online voter registration have failed to pass in the past four years, frustrating elections officials. “Online registration is no longer cutting-edge innovation. It is a well-established and essential tool,” said Kevin Kennedy, director of the Government Accountability Board, which oversees Wisconsin’s elections. “We already have in place what we need to do. We need the legislative authorization to do this.” Eighteen states have already adopted online registration, with Arizona pioneering the approach in 2002 and others following since 2007. Four states have approved the method and are working on the systems. Fifteen more states, including Wisconsin, are considering legislation, according to data from the National Conference of State Legislatures.

Wisconsin: State to Allow Online Voter Registration? | MacIver Institute

The Assembly Committee on Campaigns and Elections held an informational hearing on the subject of online voter registration on Tuesday. The hearing did not focus on a specific bill, but legislators and speakers discussed how an online voter registration system has been implemented in other states. Currently, 18 states offer online voter registration, and four other states have passed legislation allowing it. Arizona was the first to allow online registration in 2002. Kevin Kennedy, Director and General Counsel of the Wisconsin Government Accountability Board, spoke for informational purposes only but highlighted many of the benefits of online voter registration. “Legislation that enables online voter registration would make a tremendous leap forward in the administration of elections in Wisconsin,” Kennedy said. “The basic voter registration data will be more accurate if it is entered online by the voter. Online registration eliminates data entry errors resulting from difficult to decipher paper forms.” Kennedy also said that online registration would reduce issues caused by large voter registration drives conducted by third-party organizations.

Wisconsin: Kevin Kennedy approaches 35th anniversary managing state elections | WisPolitics

Kevin Kennedy’s predecessor was removed as Wisconsin’s top elections official after a few “management issues.” Kennedy recalled that included mistakes in tallying results from the September 1982 primary and a mix-up with the wording for a ballot referendum that was supposed to gauge support on a nuclear weapons freeze. But the language sent to local clerks left the word “weapons” out of the question. So Kennedy has taken the approach that he’s auditioning each day to keep his post as Government Accountability Board director and general counsel. “I don’t stand for election every four years. I get reviewed every day by a citizen board,” Kennedy said in a WisPolitics.com interview. “As I tell people it takes four votes, not a million votes, to get rid of me.” Kennedy will celebrate 35 years with Wisconsin’s elections agency this week, first as legal counsel and then executive director of the old Elections Board before heading up the GAB, which was created in 2007 and began its work in place of the old Elections and Ethics boards in 2008.

Wisconsin: Elections official testifies in voter ID case | Journal Times

One of the biggest challenges in rolling out Wisconsin’s 2011 photo voter ID law was training the state’s unusually large number of election clerks, a top elections official testified Thursday during a federal hearing over the stalled law. Kevin Kennedy, the head of the state’s Government Accountability Board, said there were about 1,850 clerks in Wisconsin at the time the law was passed. That’s one-sixth the number of clerks in the entire nation, he noted. An attorney asked Kennedy whether it was difficult to train so many workers on the details of the new law. “It’s never an easy process,” he said, shaking his head. Wisconsin is one of a handful of states that administers its elections at the local level, Reid Magney, a Government Accountability Board spokesman, told The Associated Press. Many states run elections at the county level, but Wisconsin defers control to the state’s 1,852 cities, towns and villages. That means the state elections board has to train all 1,852 clerks, who then instruct 30,000 poll workers, Magney said.

Wisconsin: Proposed election law changes raise concerns about partisanship | Journal Sentinel

Republicans in the state Senate are looking to overhaul numerous election laws this fall, including one measure that would allow poll workers to serve in communities other than where they live. Critics contended at a public hearing Wednesday that the change could lead to out-of-town partisans replacing poll workers who have long worked on election day in the community where they live. Sen. Mary Lazich (R-New Berlin), the author of the bills, said she does not intend to replace local poll workers with people from other communities and would consider changes to her proposals. Lazich is the chairwoman of the Senate Elections and Urban Affairs Committee, and she presided over a hearing on her bills Wednesday. Other bills she drafted would give governors more leeway in whom they appoint to the state’s elections and ethics board; require poll workers to record what type of document voters show to prove residency; and change how ballot containers are sealed. Under current law, poll workers generally must come from the municipality in which they work, and often must live in the voting ward.

Wisconsin: GAB: Four state agencies could be sued if same day voter registration dropped | WSAU

Four state agencies which give out public benefits could be sued if Wisconsin drops Election Day voter registration. Government Accountability Board attorney Mike Haas told the panel Tuesday the departments of Transportation, Health Services, Children and Families, and Workforce Development would probably face lawsuits at some time. That’s because they would be required to carry out the federal Motor Voter act, from which the Badger State is currently exempt because it has same-day registration.

Wisconsin: Residents no longer need to show papers – State accepts electronic documents for same-day registration | electionlineWeekly

While many elections officials across the country are concerned about the U.S. Postal Service’s ability to stay afloat because of the impact it may have on vote-by-mail and absentee voting, elections officials in Wisconsin are faced with another dilemma from the slow death of the mail. No one mails anything anymore — including identifying documents like utility bills. Faced with a growing number of people who receive and pay their bills exclusively online, recently, the Wisconsin Government Accountability Board ruled that residents wishing to register to vote at the polls on election day may provide a poll worker with an electronic proof-of-residency via their smartphone. “I can’t see the difference between being shown a screen with an identifying document or being shown a piece of paper,”said Judge Thomas Cane, according to the Milwaukee Journal-Sentinel. “I think we’ve got to bring ourselves up to date.” Staff of the GAB recommended that the board not implement the use of electronic documents, but it wasn’t because they disagree with the practice, it was all about timing. “The staff supported the concept because there is no difference in the information that must be presented or recorded,” explained Kevin Kennedy, director of the GAB. “However, we wanted to get enough input from local election officials before instituting the change. “

Wisconsin: Voter ID Cases Unlikely to be Decided by Election Day | WUWM

A judge is expected to rule next month on a challenge to Wisconsin’s photo ID law. The decision would come weeks before this fall’s primary elections. Yet, as WUWM’s Ann-Elise Henzl reports, it is unlikely the state’s policy will be set in stone, by the time voters go to the polls.
Groups have filed four lawsuits seeking to overturn Wisconsin’s new photo ID requirement. Two are in state court. Until they’re resolved, the mandate that voters present an acceptable identification card is on hold. One challenge is before a court of appeals, with no decision date in sight. The ruling expected in July is in Dane County Circuit Court. The decision will most certainly be appealed, according to Kevin Kennedy, director of the Government Accountability Board. “Realistically, the courts are probably not going to be acting this summer. I think for August we’re just simply trying to say, ‘don’t expect it, but – again – be prepared,’” Kennedy says.

Wisconsin: Second statewide recount may decide Tuesday’s Wisconsin recall election | GazetteXtra

It’s the other “R” word in this historic year of Wisconsin politics: Recount. If recall election vote totals between Republican Gov. Scott Walker and Democrat Tom Barrett are within a 0.5 percent margin, a free recount can be requested. The apparent loser can ask for a statewide recount, or recounts only in specific counties. Most polls give Walker margins-of-error leads over Barrett, whose supporters say their own surveys show the race is tied. With only 2 percent or 3 percent of poll respondents saying they are undecided, a recount is possible. We’ve seen this recount movie before. Only 13 months ago.

Wisconsin: Government Accountability Board announces plan to speed Waukesha election reports | JSOnline

Vote results from throughout Waukesha County should be available online more quickly in the recall elections because municipal clerks will be entering unofficial results directly into a state vote canvass reporting system, rather than leaving it to the county clerk’s staff. Those results will simultaneously be available to the Waukesha County clerk’s office, which is still responsible for posting results on election night. In a statement Tuesday, Kevin Kennedy, director and general counsel for the Government Accountability Board, said the agency created Wisconsin’s canvass reporting system using a federal grant in 2010 so county clerks could use it to report canvass results – the official totals that are checked several days after an election – to the state electronically. However, the Web-based system was built with a tool for municipal clerks to enter unofficial results on election night. Kennedy said all Waukesha County municipal clerks will be asked to use that tool for the May 8 primaries and the June 5 recalls.

Wisconsin: Government Accountability Board says six fake Democrats can run in recall elections | The Oshkosh Northwestern

The state elections board voted unanimously Tuesday to allow six Republicans to run as Democrats to appear on the ballot in Wisconsin’s upcoming recall elections against Gov. Scott Walker and five other Republicans. The decision of the retired judges who sit on the state Government Accountability Board means that all six of the races will have a May 8 primary election and a general recall election on June 5. The GAB agreed with the recommendation of its staff, which was released in a Monday memo, that elections officials did not have the legal authority to keep the six fake Democrats, or “protest candidates,” from the ballot because state law doesn’t require people to prove they belong to any political party before running for office. And GAB staff counsel Mike Haas told the board that Wisconsin elections officials can’t investigate the motives of candidates or their political affiliation. “It’s a bad precedent for us to question the motivations of candidates on the ballot,” said Kevin Kennedy, the GAB director and general counsel.

Wisconsin: 87-year-old voter thwarted in Waukesha for lack of ID | JSOnline

It took persistence – and a second trip to her Waukesha polling place – by a 63-year-old Waukesha woman to vote Tuesday. But she said her 87-year-old mother who couldn’t make the trip back was disenfranchised by a poll worker who asked to see a photo ID. Wisconsin’s new voter ID law was in place for the February primary but not for Tuesday’s general election after a judge ruled it was unconstitutional. The photo ID requirement is on hold while the matter is appealed. The woman, who asked not to be identified because she and her mother were embarrassed, said she ended up calling the Government Accountability Board for help. Kevin Kennedy, executive director of the board, confirmed Tuesday that the incident happened. The woman said she and her mother had moved to Waukesha last May and registered to vote at Waukesha City Hall in January. They went to their Waukesha West High School poll Tuesday but were asked to show identification – which her mother hadn’t brought with her. Her own driver’s license had an out-of-date address on it, she said. “We were listed on their friggin’ poll list,” she said, “and yet we had our names highlighted.” The poll worker said maybe they didn’t register in time, though they clearly had. Kennedy added: “I can’t think of any reason ID would have been required.”

Wisconsin: Voter ID challenges may be headed to Supreme Court | JSOnline

Two legal challenges to Wisconsin photo identification requirement for voters seem to be headed for the state’s highest court. On Wednesday, two separate appeals courts sent challenges to the law on to the state Supreme Court, which is expected to take up the issue. To do that, a majority of the seven-member court must decide to take up the cases as requested by the appeals court. Earlier this month, two Dane County judges in different cases separately ruled to block the law, which requires citizens to show a government-issued photo ID in order to vote. The Supreme Court will have little time to decide whether to bring back the law before Tuesday’s spring elections. Elections over whether to recall Gov. Scott Walker and four Republican senators could also be ordered as soon as May 8 and June 5. The League of Women Voters of Wisconsin brought one of the two lawsuits, saying that the state went too far in requiring photo ID to vote. “The League of Women Voters is confident that we have a strong case built on clear language in the Wisconsin state constitution.

Wisconsin: Government Accountability Board concerned about last-minute rule change on Voter ID | WSAU

With a statewide election coming up in just a few weeks, the state’s top election official says immediate appeals of court injunctions blocking Wisconsin’s Voter ID requirement could cause too much confusion. The injunctions were issued by two Dane County judges who, in rulings tied to separate lawsuits, found there is enough evidence to show the Voter ID law approved by lawmakers last year could be unconstitutional. The Department of Justice has appealed both decisions, although state Government Accountability Board director Kevin Kennedy says they advised the Attorney General that a quick reversal could cause problems during next month’s election. Kennedy says it would be better if nothing changed between now and April 3rd, when local elections and the state’s presidential primary are scheduled to take place.

Wisconsin: Top election official says he did not want immediate appeals of photo ID law | JSOnline

The state’s top election official said Tuesday he told the state Department of Justice he did not want to immediately appeal two decisions blocking the state’s new law requiring photo IDs at the polls because voters should have plenty of advance knowledge of what rules will be in place for the April 3 election. Republican Attorney General J.B. Van Hollen did not heed that request and on Thursday appealed both decisions. “We advised the attorney general’s office that it would be better if nothing changed before April 3,” said Kevin Kennedy, director of the state Government Accountability Board. “We don’t want the public in a yo-yo type situation.” Dana Brueck, a spokeswoman for Van Hollen’s Department of Justice, said in a statement the best way to prevent voter confusion would be for the appeals courts to quickly reinstate the photo ID requirement.

Wisconsin: Judge rules voter ID law unconstitutional | JSOnline

A Dane County judge struck down the state’s new voter ID law on Monday – the second judge in a week to block the requirement that voters show photo identification at the polls. “A government that undermines the very foundation of its existence – the people’s inherent, pre-constitutional right to vote – imperils its legitimacy as a government by the people, for the people, and especially of the people,” Dane County Circuit Judge Richard Niess wrote. “It sows the seeds for its own demise as a democratic institution. This is precisely what 2011 Wisconsin Act 23 does with its photo ID mandates.” Niess’ eight-page ruling goes further than the one issued by another judge last week because it permanently invalidates the law for violating the state constitution. Tuesday’s order by Dane County Judge David Flanagan halted the law for the April 3 presidential primary and local elections, but not beyond that. Attorney General J.B. Van Hollen promised to quickly appeal the decision.

Wisconsin: Government Accountability Board head backs recall election for 4 GOP senators | WiscNews

The head of the Wisconsin state elections board recommended Friday that recall elections proceed against four Republican state senators, including Scott Fitzgerald, and that they take place on May 15 and June 12. Government Accountability Board director Kevin Kennedy said in his recommendation to the full board that his staff found enough valid signatures to trigger recall elections for the senators but is still examining signatures on petitions seeking the recall of Gov. Scott Walker and Lt. Gov. Rebecca Kleefisch, who are also Republicans. Kennedy said the proposed election dates make the most sense given the remaining verification work and other timing concerns related to the proximity of the state’s April 3 presidential primaries. The full board was to discuss the issue Monday and if it agrees, ask a Dane County judge for more time on Wednesday.

Wisconsin: Government Accountability Board seeks more time to review Walker recall petitions | Journal Sentinel

State election officials say they likely will need extra time to review recall signatures even though Gov. Scott Walker has said he will not challenge the petitions against him – a move that would give Walker more time to raise unlimited sums of money. Meanwhile, Republican legislators groused Wednesday that the Government Accountability Board was not doing a thorough enough analysis of the signatures even as it was asking them for $975,000 to do its work. “It just seems like they are doing the bare minimum but not enough to instill confidence in the system,” said Rep. Robin Vos (R-Rochester), co-chair of the Joint Finance Committee.

Wisconsin: Officials Must Verify 1.9 Million Recall Signatures | Bloomberg

Wisconsin election officials will examine more than 1.9 million petition signatures aimed at forcing recalls of Governor Scott Walker, his lieutenant governor and four state senators, all Republicans. The Government Accountability Board, a nonpartisan panel of former judges, for two months will focus on the validity of names turned in yesterday in Madison, the state capital, said Director Kevin Kennedy. The timing of any recall election is unknown, he said, because there are “so many variables” in a verification process that will be webcast and subject to legal challenges. Two sets of eyes will examine every name, he said. “We have no dog in this fight,” Kennedy said yesterday at a news conference in Madison, referring to the board’s neutrality. “We just have a job to do.”

Wisconsin: Signature review in recall election of Wisconsin Governor Scott Walker to take longer than original plan of 60 days – Board to use software to analyze signatures | Appleton Post Crescent

The review of signatures submitted seeking a recall election of Gov. Scott Walker will take longer than the 60 days originally planned. The director of the Government Accountability Board which is charged with handling the review said Thursday that it’s not clear how long it will take, but it will be more than 60 days. Board director Kevin Kennedy says more time is needed in order to do a more extensive review of the signatures to look for duplicates and obvious fakes as ordered by a judge last week. Kennedy says the board will proceed with the review next week even if the state decides to seek an appeal.

Wisconsin: Judge Rules For GOP On Recall Procedures | TPM

A judge in Wisconsin threw a curveball Thursday evening into the recall campaign targeting Republican Gov. Scott Walker, ruling that state election officials must make a greater effort to screen out fake or duplicate petition signatures — rather than abide by the pre-existing rules, which have placed more of the burden on the Walker campaign.

The state GOP’s lawsuit filed in mid-December against the state Government Accountability Board, which oversees elections in the state, claims that Walker’s 14th Amendment rights of Equal Protection are violated by putting a burden on his campaign to review and challenge petition signatures within a ten-day period. Instead, they say, the GAB must thoroughly search for and directly strike out duplicate signatures, and invalid names and addresses.

Wisconsin: Government Accountability Board ordered to boost vetting of Wisconsin recall petitions | JSOnline

A judge ruled Thursday that the state Government Accountability Board needs to take more aggressive action to vet recall signatures that are expected to be submitted in two weeks against Gov. Scott Walker and other Republican officeholders.

The ruling by Waukesha County Circuit Judge J. Mac Davis came in a case filed Dec. 15 by Walker’s campaign committee and Stephan Thompson, executive director of the state Republican Party, asking Davis to order the accountability board to seek out and eliminate duplicate and bogus signatures and illegible addresses from recall petitions.

Davis, who refused to enter injunctions in the case, based his decision on his interpretation of state law, more than on constitu tional equal protection arguments brought up by the Republicans. He also said that the board must take “reasonable” actions to eliminate such signatures.

Wisconsin: Bill would outlaw paying for recall signatures | GazetteXtra

A state lawmaker unveiled a bill Wednesday that he says would target “legal bribery” in the effort to recall Gov. Scott Walker. Rep. Evan Wynn, R-Whitewater, has introduced a bill he said would eliminate a loophole in state law that allows recall petitioners to pay others in exchange for petition signatures.

The state’s bribery statutes outlaw paying someone to vote or to sign nomination papers, but there’s no state law on the books against paying someone to sign—or not to sign—a recall petition, Wynn said.

Wynn, who represents the 43rd Assembly District, said he learned of the issue recently after a constituent told him that someone collecting recall signatures door-to-door had paid the constituent’s friend $10 to sign a petition. Wynn has reached out to the state Government Accountability Board over the issue. He called the legal loophole “mind-boggling” and said it allows “legal bribery.”

Wisconsin: Waukesha County Clerk feels exonerated in election flub | Green Bay Press Gazette

Waukesha County Clerk Kathy Nickolaus said last week she believes she has been exonerated even though her office is undertaking numerous changes in how it handles ballots following the nonreporting of 14,000 votes in the spring Supreme Court election. State investigators in September determined that Nickolaus likely broke the law by not reporting the votes in the hotly contested race between Justice David Prosser and challenger JoAnne Kloppenburg, but her conduct was unintentional and not criminal.

… The Government Accountability Board on Tuesday approved numerous changes designed to improve the procedures used by Nickolaus’s office on election night. Both before the meeting and during a break, Nickolaus told reporters that the investigative report vindicated her handling of the votes.

“I’ve been exonerated,” she said. Government Accountability Board director Kevin Kennedy disagreed. “I would not characterize it that way,” Kennedy said. The September report, led by former Dane County prosecutor Timothy Verhoff, found that Nickolaus likely broke state law requiring the posting of all returns on election night.

Wisconsin: Walker, GOP sue state elections and ethics agency over recall effort | JSOnline

Gov. Scott Walker’s campaign and the state Republican Party director sued the state’s elections and ethics agency in Waukesha on Thursday over its handling of duplicate and bogus signatures in the ongoing recall effort against the governor. The top GOP lawmaker in the Assembly also took a shot at the Government Accountability Board – which he voted to create – saying it had strayed from its nonpartisan mission and might need to be replaced.

The lawsuit filed Thursday in Waukesha County Circuit Court asks a judge to order the accountability board to look for and eliminate duplicate signatures, clearly fake names and illegible addresses. The lawsuit can be brought in one of the most conservative counties in the state because of a change in state law earlier this year by Republican lawmakers and Walker that allowed lawsuits to be brought against the state outside liberal Dane County, the seat of state government.

Wisconsin: Elections panel estimates $650,000 state cost for recall efforts | JSOnline

State election officials anticipate they will need an extra $650,000 next year for a new wave of recall efforts that will require them to review petitions with perhaps 1.5 million signatures. Those costs would go toward hiring 50 temporary workers, renting office space to house them and the petitions, and running advertisements about the state’s new requirement that voters show photo identification at the polls.

The preliminary estimates from the state Government Accountability Board do not include the recall costs for local officials, which are expected to be much higher than those for the state if enough signatures are gathered to hold elections. The board is still developing estimates for what the costs would be for local officials. Recall elections this year for nine state senators cost state and local taxpayers $2.1 million, according to the board.

Wisconsin: Senate recalls should occur in existing districts, elections official says | JSOnline

State senators who face recall elections in the coming months will have to run in their existing districts rather than newly drawn ones that favor Republicans, the state’s top elections official said Wednesday.

The opinion by Kevin Kennedy, director of the Government Accountability Board, will help Democrats as they try to take over the Senate by launching recall petition drives as early as next month. It also raises the prospect of a fierce legal battle over the issue, as Republicans could ask a court to require the elections in the new districts. The accountability board, which consists of six former judges, will review Kennedy’s opinion Nov. 9 and decide whether to sign off on it.

Nine senators – six Republicans and three Democrats – faced recall elections this year because of their stances on Republican Gov. Scott Walker’s legislation that greatly limited collective bargaining for public workers. Democrats gained two seats in those elections.

Wisconsin: Legislature may not allow voters to receive ballots by email – JSOnline

A new, little-noticed state law guarantees voters can receive absentee ballots by email, but it may not be on the books for long. When legislators in May adopted a requirement that voters show photo ID at the polls, they also changed the law to ensure voters can receive absentee ballots by email if they ask for them. While voters can receive the ballots by email, they still have to return them by traditional mail or drop them off in person.

But in June, the state Senate included a provision in another bill that would repeal the requirement that municipal clerks email absentee ballots to all voters who request them. The clerks would still have to email absentee ballots to military and overseas voters, but not other voters.

Repealing the provision on emailed ballots was tucked into a bill that would move the partisan primary from September to August. Moving the primary is required to comply with a federal law meant to ensure military and overseas voters have enough time to return their ballots.