An Act to amend 5.061 (3); to create 5.061 (5), 5.061 (6) and 5.061 (7) of the statutes; Relating to: enforcement of the federal Help America Vote Act.
Summary
AB330 revises Wisconsin’s complaint and enforcement procedures for alleged violations of the federal Help America Vote Act (HAVA) as administered by the Wisconsin Elections Commission. The bill requires the commission to investigate all HAVA complaints in a uniform and nondiscriminatory manner, send an acknowledgment of receipt within five business days, and issue a final decision within 89 days of filing (or the earliest filing in a consolidated complaint), unless the complainant agrees to more time. If a hearing is requested, it must be held within 30 days and conducted in open session, with oral proceedings recorded and a transcript made available for public inspection.
The bill also addresses complaints that allege the Elections Commission itself is violating HAVA or is likely to do so. In those cases, the commission would be required to decide the merits of the complaint rather than dismissing it solely because the complaint is directed at the commission. If the commission finds a complaint has merit, it must take corrective action. If it dismisses a complaint or does not grant the requested relief, the complainant may appeal to court. The bill further requires the commission to publish dismissed complaint results on its website and provide them to the Legislature and the relevant elections committees.
Impact
AB330 would amend s. 5.061 of the Wisconsin statutes governing HAVA complaints and create new procedural requirements for the Elections Commission. It would expand transparency, impose specific deadlines for acknowledgment, hearings, and final decisions, and require public access to hearing records and transcripts. It would also alter the commission’s handling of self-directed complaints by requiring merits review and would add a corrective-action obligation when a violation is found, along with an appeal right and reporting requirements to the Legislature.
Sentiment
The available context suggests the bill was introduced in response to concerns about how the Elections Commission handles HAVA complaints, especially complaints naming the commission itself. The bill’s framing indicates support for clearer enforcement procedures, faster timelines, and greater transparency. There is no committee transcript or recorded vote history in the provided material, and the bill ultimately failed to pass pursuant to Senate Joint Resolution 1, so the public record here does not show a detailed floor or committee sentiment beyond the bill’s stated purpose.
Contention
The main point of contention appears to be whether the Elections Commission can or should adjudicate complaints alleging its own violations of HAVA. The bill directly rejects the commission’s prior position, which the Wisconsin Supreme Court had accepted in Teigen v. Wisconsin Elections Commission, and it responds to a federal DOJ letter asserting that such a refusal may violate HAVA’s complaint procedures. Another likely area of dispute is the bill’s requirement for open hearings, public transcripts, mandatory corrective action, and reporting to the Legislature, all of which increase oversight of the commission and may be viewed as either necessary accountability measures or as burdensome constraints on agency discretion.
Crossfiled
An Act to amend 5.061 (3); to create 5.061 (5), 5.061 (6) and 5.061 (7) of the statutes; Relating to: enforcement of the federal Help America Vote Act.