Responsibility for administering elections is shared between state and
local election officials. At the state level, the Elections Board administers
and enforces election and campaign finance laws and supports and
trains the 1,851 municipal clerks who are statutorily responsible for
registering voters, ensuring that elections are administered properly, and
training poll workers. Its duties will soon be assumed by the Government
Accountability Board.
County clerks also train municipal clerks and may assist them in administering
elections. In addition, county clerks provide municipalities with
ballots and election supplies and receive and examine election returns as
part of the canvassing process.
2003 Wisconsin Act 265 directed us to evaluate compliance with election
laws and the appropriateness of their implementation. Therefore, we
visited polling places in November 2006, surveyed municipal and county
clerks, and reviewed the Elections Board’s efforts to:
ensure that electors are allowed to vote and that ineligible individuals
are prevented from voting;
ensure that polling places are accessible to individuals with
disabilities;
address election-related concerns and complaints reported by
individuals;
train local election officials; and
implement recommendations in our 2005 evaluation of
voter registration (report 05-12).
Verifying Voting Eligibility
The federal Help America Vote Act
(HAVA) of 2002 requires all states to
have a centralized statewide voter
registration system. To identify
individuals who are ineligible to
vote, the Elections Board planned
to match data in the system with
data maintained by the departments
of Corrections (DOC), Health and
Family Services (DHFS), and
Transportation (DOT).
However, electronic matching failed
for the November 2006 general
election and the spring 2007 election.
As a result, the Elections Board
took other action to identify ineligible
individuals. For example, it
provided municipal clerks with
paper lists of 35,013 individuals
who were ineligible to vote in
November 2006 because they were
serving felony sentences, including
probation or parole.
We found that 16 municipal clerks
we contacted did not use the lists
consistently. We also found that
the lists included 1,537 individuals
whose sentences ended before
Election Day and who were likely
eligible to vote.
Elections Board officials now believe
that the data matching will not work
during Wisconsin’s presidential
primary in February 2008. The
Elections Board is contemplating
legal action against the vendor
that developed the $22.7 million
statewide voter registration system.
Municipal clerks we contacted
noted problems with the statewide
voter registration system’s ability
to process absentee ballots and
suspend voter registrations. Close
scrutiny is warranted because of
these implementation difficulties
and the Elections Board’s dispute
with the vendor.
The Elections Board mails address
verification cards to verify the
accuracy of addresses provided
by individuals registering to vote
by certain methods, such as on
Election Day. Undeliverable cards
are returned by the postal service
to municipal clerks, who are
responsible for reviewing them and
determining whether to designate
individuals as ineligible to vote.
We followed up on concerns in our
2005 audit, which found that
cards were not consistently used
as required to verify residency or
investigate improper registrations.
In October 2006, the Elections Board
mailed 106,620 cards to registered
voters. We reviewed 874 cards
returned to nine municipal clerks
and found that the clerks had
received them too late for review
before the November 2006 general
election.
Polling Place Accessibility
Federal and state law require
voting systems and polling places
to be accessible to individuals
with disabilities in a manner that
provides the same opportunity
for participation accorded to
other voters.
Polling places must have at least
one voting machine equipped
for individuals with disabilities.
Using federal HAVA funds, the
Elections Board spent $14.7 million
through fiscal year (FY) 2006-07
to reimburse municipalities up to
$6,000 per polling place to purchase
the machines. Before issuing
reimbursements, the Elections
Board requires municipalities to
complete a survey addressing
polling place accessibility issues.
However, it has not verified the
accuracy of the surveys submitted
by municipalities.
To independently determine compliance
with accessibility requirements,
we visited 36 polling places in
20 municipalities on Election Day
in November 2006. We found
numerous accessibility problems.
As a result, we question whether
some polling places are adequately
accessible.
To improve accessibility, we include
a recommendation that the Elections
Board modify its survey to require
more definitive answers and require
municipalities to complete a new
survey for each polling place.
Concerns and Complaints
Individuals may informally report
election-related problems to municipal
or county clerks, or they may
file official complaints with the
Elections Board. We surveyed
all clerks statewide and received
responses for 427 of Wisconsin’s
1,851 municipalities.
Respondents indicated that 78.5 percent
of their municipalities had no
election-related problems. However,
some clerks reported some allegations
of voter fraud and individuals
denied the right to vote. For example,
one first-time voter was reportedly
unable to register or vote in the
Village of Mount Pleasant because
of erroneous information provided
by poll workers, and insufficient
ballots were available at some
polling places in four municipalities.
Municipal clerks who responded to
our survey reported forwarding ten
concerns to district attorneys’ offices.
The Elections Board is statutorily
required to determine whether individuals
who registered after the poll
books were printed were ineligible
to vote because of ongoing felony
sentences and to notify the relevant
district attorneys about those who
appear to have voted illegally.
In March 2007, it determined that
106 such individuals in 50 municipalities
may have voted, but it
requested municipal clerks to make
a final determination.
Not all clerks had completed their
investigations at the time of our
fieldwork. However, in May 2007,
the Milwaukee County District
Attorney’s office charged one individual
who had an ongoing felony
sentence in November 2006 with
voting in the general election, and
this individual pleaded guilty in
October 2007. In September 2007, the
Racine County District Attorney’s
office charged four individuals,
each of whom had ongoing felony
sentences in November 2006, with
felonies for allegedly voting in the
general election.
From January 2004 through December
2006, 64 complaints were filed
with the Elections Board. Most
related to issues outside the scope of
this evaluation, such as candidates
who had filed nomination papers
improperly. However, 12 related to
electors alleged to have been treated
improperly. Statutes and administrative
rules do not specify the number
of days in which most complaints
must be resolved. We found three
complaints that each had been
unresolved by the Elections Board
for more than two years.
Training
Although the Elections Board
trains municipal clerks and has
created election manuals, it has not
promulgated many of the administrative
rules related to training that
are required by statutes or that we
recommended in 2005. As a result,
we found some variation in how
clerks interpreted instructions from
the Elections Board regarding the
November 2006 general election.
Recommendations
We include recommendations for the
Elections Board and Government
Accountability Board to:
request that municipal clerks
obtain birth dates from all
voters
(p. 27);
indicate on each address
verification card the reason it
was mailed to a registered
voter
(p. 34);
modify the accessibility survey,
require municipalities to
complete the modified survey,
and verify the accuracy of
completed surveys
(p. 53); and
establish written policies for
resolving complaints in a timely
manner
(p. 61).
We also include recommendations
for either the Elections Board or
the Government Accountability
Board to report to the Joint
Legislative Audit Committee by
March 31, 2008, on:
efforts to match data in the
statewide voter registration
system with data maintained by
DOC, DHFS, and DOT and to
train municipal clerks in how to
use information from the data
matches
(p. 29);
whether a 30-day statutory
deadline for entering Election
Day information into the statewide
voter registration system
should be extended
(p. 36);
efforts to improve processing
times and enable the statewide
voter registration system to track
absentee ballots and suspend
voter registrations
(p. 39); and
progress in promulgating
administrative rules for training
local election officials and
clarifying their responsibilities
in registering voters
(p. 68).