At a time when capitol corruption cases are currently swirling around the state, lawmakers have been asked about the use of paper ballots in various state Senate committees'a type of balloting that some say may violate the state's open meeting laws.
Critics claim paper ballots are too clandestine and do not allow for proper public debate, especially on highly contested issues like concealed carry and same-sex marriage legislation.
This practice has come under question following a Dane County circuit judge's December ruling regarding the use of this particular voting method. Judge Richard G. Niess censured paper balloting by a joint legislative committee that used such measures to terminate jobs at the Legislature's technology agency. Niess said this case was a violation of Wisconsin's open meetings law.
According to Kelley Flury, spokesperson to Senate Minority Leader Judy Robson, D-Beloit, Robson wrote a letter last year to Senate Majority Leader Dale Schultz, R-Richland Center, asking that paper ballots be eliminated from Senate proceedings in the name of professionalism and increased accountability.
Lori Van Natta, spokesperson for state Sen. Neal Kedzie, R-Elkhorn, said paper balloting is essential for the Senate and helps guarantee legislative action takes place in committee meetings.
'Paper balloting is more necessary in the Senate. The [Senate] committees are smaller and to have a quorum is much more difficult than it is in the Assembly,' Van Natta said. 'It's harder for some committee members to get to meetings and paper balloting is done to accommodate schedules.'
Van Natta also said the Dane County circuit judge's ruling would most likely not have an impact on the Senate's use of paper balloting procedures.
'This isn't doing business behind closed doors and public input is taken at the time of the public hearing,' she said.
Van Natta also addressed paper balloting in the decision of Assembly Bill 69, legislation that would mandate all individuals applying for a Wisconsin driver's license or other state issued identification to provide proof of legal residency.
'Sen. Kedzie felt issues should be acted on prior to the holidays. He also did not want to seem abrupt or force people to make a decision that day.' Van Natta said.
State Sen. Fred Risser, D-Madison, said the issue of paper balloting does not violate the state's open meetings laws, but does violate what he calls the 'spirit of the law.' Risser said it is hard to orchestrate senator's committee schedules because many are scheduled to be in the different places at the same time.
'That can be corrected by the committee chairs that have dictatorial powers to schedule in advance executive sessions,' Risser said.
