Feed for /2001/related/acts/16 PDF
(b) The individual chosen shall enter the voting booth or machine with the elector and shall read the names of all candidates on the ballot for each office, and ask, "For which one do you vote?". The ballot shall be marked or punched or the lever or button depressed according to the elector's expressed preference. The individual selected to assist may not disclose to anyone how the elector voted.
16,69e Section 69e. 6.87 (3) (d) of the statutes is amended to read:
6.87 (3) (d) Unless a municipality uses an electronic voting system that requires an elector to punch a ballot in order to record the elector's votes, a A municipal clerk of a municipality may, if the clerk is reliably informed by an absent elector of a facsimile transmission number or electronic mail address where the elector can receive an absentee ballot, transmit a facsimile or electronic copy of the absent elector's ballot to that elector in lieu of mailing under this subsection if, in the judgment of the clerk, the time required to send the ballot through the mail may not be sufficient to enable return of the ballot by the time provided under sub. (6). An elector may receive an absentee ballot under this subsection only if the elector has filed a valid application for the ballot under sub. (1). If the clerk transmits an absentee ballot under this paragraph, the clerk shall also transmit a facsimile or electronic copy of the text of the material that appears on the certificate envelope prescribed in sub. (2), together with instructions prescribed by the board. The instructions shall require the absent elector to make and subscribe to the certification as required under sub. (4) and to enclose the absentee ballot in a separate envelope contained within a larger envelope, that shall include the completed certificate. The elector shall then mail the absentee ballot with postage prepaid to the municipal clerk. An absentee ballot received under this paragraph shall not be counted unless it is cast in the manner prescribed in this paragraph and in accordance with the instructions provided by the board.
16,69m Section 69m. 6.87 (4) and (5) of the statutes are amended to read:
6.87 (4) Except as otherwise provided in s. 6.875, the elector voting absentee shall make and subscribe to the certification before one witness. The absent elector, in the presence of the witness, shall mark or punch the ballot in a manner that will not disclose how the elector's vote is cast. The elector shall then, still in the presence of the witness, fold the ballots if they are paper ballots so each is separate and so that the elector conceals the markings thereon and deposit them in the proper envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot if it is a paper ballot so that the elector conceals the markings thereon and deposit the ballot in the proper envelope. The elector may receive assistance under sub. (5). The return envelope shall then be sealed. The witness may not be a candidate. The envelope shall be mailed by the elector, postage prepaid, or delivered in person, to the municipal clerk issuing the ballot or ballots. Failure to return an unused ballot in a primary does not invalidate the ballot on which the elector's votes are cast. Return of more than one marked or punched ballot in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an electronic voting system in a primary which is marked or punched for candidates of more than one party invalidates all votes cast by the elector for candidates in the primary.
(5) If the absent elector declares that he or she is unable to read, has difficulty in reading, writing or understanding English or due to disability is unable to mark or punch his or her ballot, the elector may select any individual, except the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector, to assist in marking or punching the ballot, and the assistant shall then sign his or her name to a certification on the back of the ballot, as provided under s. 5.55.
16,69s Section 69s. 6.875 (6) of the statutes is amended to read:
6.875 (6) Special voting deputies in each municipality shall, not later than 5 p.m. on the Friday preceding an election, arrange one or more convenient times with the administrator of each nursing home or qualified retirement home and qualified community-based residential facility in the municipality from which one or more occupants have filed an application under s. 6.86 to conduct absentee voting for the election. The time may be no earlier than the 4th Monday preceding the election and no later than 5 p.m. on the Monday preceding the election. Upon request of a relative of an occupant of a nursing home or qualified retirement home or qualified community-based residential facility, the administrator may notify the relative of the time or times at which special voting deputies will conduct absentee voting at the home or facility, and permit the relative to be present in the room where the voting is conducted. At the designated time, 2 deputies appointed under sub. (4) shall visit the nursing home or qualified retirement home or qualified community-based residential facility. The municipal clerk or executive director of the board of election commissioners shall issue a supply of absentee ballots to the deputies sufficient to provide for the number of valid applications received by the clerk, and a reasonable additional number of ballots. The municipal clerk or executive director shall keep a careful record of all ballots issued to the deputies and shall require the deputies to return every ballot issued to them. The deputies shall personally offer each elector who has filed a proper application the opportunity to cast his or her absentee ballot. If an elector is present who has not filed a proper application, the 2 deputies may accept an application from the elector and shall issue a ballot to the elector if the elector is qualified and the application is proper. The deputies shall administer the oath and may, upon request of the elector, assist the elector in marking or punching the elector's ballot. Upon request of the elector, a relative of the elector who is present in the room may assist the elector in marking or punching the elector's ballot. All voting shall be conducted in the presence of the deputies. No individual other than a deputy may administer the oath and no individual other than a deputy or relative of an elector may render voting assistance to the elector. Upon completion of the voting, the deputies shall promptly deliver, either personally or by 1st class mail, any absentee ballot applications and the sealed certificate envelope containing each ballot to the clerk or board of election commissioners of the municipality in which the elector casting the ballot resides, within such time as will permit delivery to the polling place serving the elector's residence on election day. Personal delivery may be made by the deputies no later than noon on election day. If a qualified elector is not able to cast his or her ballot on 2 separate visits by the deputies to the nursing home or qualified retirement home, they shall so inform the municipal clerk or executive director of the board of election commissioners, who may then send the ballot to the elector no later than 5 p.m. on the Friday preceding the election.
16,72m Section 72m. 7.03 (1) (a) of the statutes is amended to read:
7.03 (1) (a) A reasonable daily compensation shall be paid to each inspector, voting machine custodian, automatic tabulating equipment technician, member of a board of canvassers, messenger and tabulator who is employed and performing duties under chs. 5 to 12. Daily compensation shall also be provided for attendance at training sessions and examinations required by the board under s. 7.31. Alternatively, such officials may be paid by the hour at a proportionate rate for each hour actually worked.
16,76ab Section 76ab. 7.08 (7) of the statutes is created to read:
7.08 (7) Voting system transitional assistance. From the appropriation under s. 20.510 (1) (c), provide assistance to municipalities that used punch card electronic voting systems at the 2001 spring election to enable the municipalities to employ another type of electronic voting system, and provide training for election officials in the use of replacement systems.
16,76ac Section 76ac. 7.08 (7) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.
16,81aa Section 81aa. 7.15 (1) (e) of the statutes is amended to read:
7.15 (1) (e) Instruct In coordination with the board, instruct election officials in their duties, calling them together whenever advisable, advise them of changes in laws, rules and procedures affecting the performance of their duties, and administer examinations as authorized under s. 7.30 (2) (c). The clerk shall assure that officials who serve at polling places where an electronic voting system is used are familiar with the system and competent to instruct electors in its proper use. The clerk shall inspect systematically and thoroughly the conduct of elections in the municipality so that elections are honestly, efficiently and uniformly conducted.
16,81m Section 81m. 7.15 (3) (b) of the statutes is amended to read:
7.15 (3) (b) Sample ballots, and voting machine ballots and ballot labels for electronic voting systems, whenever the labels are affixed to the voting devices, shall be furnished to the officials in the ward or election district at least one day before each election.
16,83ab Section 83ab. 7.30 (1) of the statutes is amended to read:
7.30 (1) Number. There shall be 7 inspectors for each polling place at each election. In municipalities where voting machines are used, the municipal governing body may reduce the number of inspectors to 5. A municipal governing body may provide for the appointment of additional inspectors whenever more than one voting machine is used or wards are combined under s. 5.15 (6) (b). A municipal governing body may provide by ordinance for the selection of alternate officials or the selection of 2 or more sets of officials to work at different times on election day, and may permit the municipal clerk or board of election commissioners to establish different working hours for different officials assigned to the same polling place. Alternate officials shall also be appointed in a number sufficient to maintain adequate staffing of polling places. Unless officials are appointed without regard to party affiliation under sub. (4) (c), additional officials shall be appointed in such a manner that the total number of officials is an odd number and the predominant party under sub. (2) is represented by one more official than the other party.
16,85m Section 85m. 7.30 (6) (b) of the statutes is amended to read:
7.30 (6) (b) Prior to the first election following the appointment of the inspectors, the inspectors at each polling place shall elect one of their number to act as chief inspector. No person may serve as chief inspector at any election who is not certified by the board under s. 7.31 at the time of the election. The chief inspector shall hold the position for the remainder of the term unless the inspector ceases to be certified under s. 7.31, except that whenever wards are combined or separated under s. 5.15 (6) (b), the inspectors shall elect a new chief inspector who is certified under s. 7.31. If a vacancy occurs in the position of chief inspector, the municipal clerk shall appoint one of the other inspectors who is certified under s. 7.31 to fill the vacancy.
16,85s Section 85s. 7.31 of the statutes is created to read:
7.31 Training and certification of chief inspectors. (1) The board shall, by rule, prescribe requirements for certification of individuals to serve as chief inspectors.
(2) No individual may serve as a chief inspector at a polling place in an election unless the individual is certified by the board to hold that office on the date of the election at which the individual serves.
(3) The board shall, upon application, issue certificates to qualified individuals who meet the requirements to be certified as chief inspectors. Each certificate shall carry an expiration date.
(4) The board shall require each individual to whom a certificate is issued under this section to meet requirements to maintain that certification. The board shall renew the certificate of any individual who requests renewal and who meets the requirements prescribed under this subsection.
(5) The board shall conduct regular training and administer examinations to ensure that individuals who are certified by the board under this section are knowledgeable concerning their authority and responsibilities. The board shall pay all costs required to conduct the training and to administer the examinations from the appropriation under s. 20.510 (1) (b).
16,86 Section 86. 7.33 (1) (c) of the statutes is amended to read:
7.33 (1) (c) "State agency" has the meaning given under s. 20.001 (1) and includes an authority created under ch. 231, 232, 233 or, 234, or 237.
16,87f Section 87f. 7.33 (4) of the statutes is amended to read:
7.33 (4) Each Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), and without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and shall not impose without any other penalty upon an employee who serves as an election official. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.
16,87m Section 87m. 7.33 (5) of the statutes is amended to read:
7.33 (5) Any employee of the state a local governmental unit, as defined in s. 16.97 (7), or state agency who obtains a paid leave of absence under sub. (4) in order to serve as an election official under s. 7.30 shall certify in writing to the head of the local governmental unit or state agency by which he or she is employed the amount of compensation that the employee receives for such service. Upon receipt of the certification, the head of the local governmental unit or state agency shall deduct that amount from the employee's pay earned for scheduled working hours during the period specified in sub. (2) when the employee is on a paid leave of absence.
16,87o Section 87o. 7.37 (4) of the statutes is amended to read:
7.37 (4) Balloting procedure. At polling places which utilize paper ballots or electronic voting systems in which ballots are distributed to electors, 2 inspectors shall be assigned to take charge of the official ballots. They shall write their initials on the back of each ballot and deliver to each elector as he or she enters the voting booth one ballot properly endorsed by each of them. Where paper ballots are used, the inspectors shall fold each ballot in the proper manner to be deposited before delivering it to the elector. If asked, inspectors may instruct any elector as to the proper manner of marking or punching the ballot, but they may not give advice, suggestions, express any preferences or make any requests as to the person for whom, the question on which or the ballot on which the elector shall vote.
16,87q Section 87q. 7.37 (8) of the statutes is amended to read:
7.37 (8) Electronic voting systems. Prior to the opening of the polling place, wherever electronic voting systems employing voting devices are used, the inspectors shall place the voting devices in position for voting and examine them to see that they are in proper working order and that they have the correct ballot labels by comparing them with the sample ballots.
16,87s Section 87s. 7.50 (1) (d) and (2) (a), (b) and (d) of the statutes are amended to read:
7.50 (1) (d) Whenever an electronic voting system is used at a polling place in a partisan primary, and the same ballot is utilized to cast votes for candidates of more than one recognized political party or candidates of a party and independent candidates, if an elector designates a preference for a party or for independent candidates, only votes cast within that preference category may be counted. If an elector does not designate a preference and makes a mark or punch or affixes a sticker opposite candidates of more than one recognized political party or opposite a candidate in the independent candidates' column and a candidate of a recognized political party, no votes cast by the elector for any candidate for partisan office are valid. Votes for other candidates and votes on ballot questions, if any, shall be counted if otherwise valid.
(2) (a) At a general election, if the elector places a mark, symbol or sticker or punches a hole under a party designation at the head of a column in or near the space indicated for that purpose, it is a vote for all the candidates whose names appear in the marked or punched column except as otherwise provided in this paragraph. If a name is stricken, it is not a vote for that candidate. If a name is written in, it is a vote for the write-in candidate. If a sticker is attached it is a vote for the candidate whose name appears on the sticker. If in some other column there is a mark or punch in the square to the right of a specific candidate's name or at the place designated on the ballot for marking or punching a vote for a specific candidate for the same office, it is a vote for that specific candidate and no vote may be counted for the candidate for the same office in the column marked or punched for a straight party vote.
(b) A ballot cast without any marks, or stickers or punches may not be counted. A ballot without a mark or punch at the top of a party column may be counted only for persons for whom marks or punches are applicable.
(d) If an elector writes a person's name in the proper space for write-in candidates for an office, it is a vote for the person written in for the office indicated, regardless of whether the elector strikes the names appearing in the same column for the same office, or places a mark or punch by the same or any other name for the same office, or omits placing a mark or punch to the right of the name written in. If an elector is permitted to vote for more than one candidate for the same office in an election and casts one or more write-in votes which, when added to the votes cast for candidates whose names appear on the ballot, exceed the number of votes authorized to be cast for the office, the write-in votes shall be counted and the votes for candidates whose names appear on the ballot may not be counted, unless there are more write-in votes than votes authorized to be cast, in which case no votes may be counted for the office.
16,93m Section 93m. 9.01 (1) (a) of the statutes is amended to read:
9.01 (1) (a) Any candidate voted for at any election or any elector who voted upon any referendum question at any election may request a recount. The petitioner shall file a verified petition or petitions accompanied by the fee prescribed in par. (ag), if any, with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass and not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question or, if more than one board of canvassers makes the determination not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination. If the chairperson of the board or chairperson's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum and not later than 5 p.m. on the 3rd business day following the day on which the elections board receives the last statement from a county board of canvassers for the election or referendum. Each verified petition shall state that at the election the petitioner was a candidate for the office in question or that he or she voted on the referendum question in issue; that the petitioner is informed and believes that a mistake or fraud has been committed in a specified ward or municipality in the counting and return of the votes cast for the office or upon the question; or shall specify any other defect, irregularity or illegality in the conduct of the election. The petition shall specify each ward, or each municipality where no wards exist, in which a recount is desired. If a recount is requested for all wards within a jurisdiction, each ward need not be specified. The petition may be amended to include information discovered as a result of the investigation of the board of canvassers or the chairperson of the board or chairperson's designee after the filing of the petition, if the petitioner moves to amend the petition as soon as possible after the petitioner discovered or reasonably should have discovered the information which is the subject of the amendment and the petitioner was unable to include information in the original petition.
16,93n Section 93n. 9.01 (1) (ad) of the statutes is created to read:
9.01 (1) (ad) Upon receiving a petition for a recount, the clerk or body receiving the petition shall calculate any fee due under par. (ag) 1m. or reasonably estimate any fee due under par. (ag) 2. The clerk or body shall provide the petitioner promptly with the total due or estimate.
16,93o Section 93o. 9.01 (1) (ag) 1. of the statutes is amended to read:
9.01 (1) (ag) 1. Each petition for a recount shall be accompanied by the fee prescribed in this paragraph. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is less than 10 if 1,000 or less votes are cast or less not more than .5% 0.5% of the total votes cast for the office or on the question if more than 1,000 votes are cast, the petitioner is not required to pay a fee.
16,93p Section 93p. 9.01 (1) (ag) 1m. of the statutes is created to read:
9.01 (1) (ag) 1m. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is at least 10 if 1,000 or less votes are cast or is more than 0.5% but not more than 2% if more than 1,000 votes are cast, the petitioner shall pay a fee of $5 for each ward for which the petition requests a ballot recount, or $5 for each municipality for which the petition requests a recount where no wards exist.
16,93q Section 93q. 9.01 (1) (ag) 2. of the statutes is amended to read:
9.01 (1) (ag) 2. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is at least 10 if 1,000 or less votes are cast or at least .5% more than 2% if more than 1,000 votes are cast, the petitioner shall pay a fee of $5 for equal to the actual cost of performing the recount in each ward for which the petition requests a ballot recount, or $5 for in each municipality for which the petition request a recount where no wards exist.
16,93r Section 93r. 9.01 (1) (ag) 3. of the statutes is amended to read:
9.01 (1) (ag) 3. All fees calculated or estimated under par. (ad) shall be prepaid in cash or another form of payment which is acceptable to the officer to whom they are paid. No petition for which a fee is required is valid unless the proper calculated or estimated fee is paid at the time of filing.
16,93s Section 93s. 9.01 (1) (ag) 3m. of the statutes is created to read:
9.01 (1) (ag) 3m. The petitioner shall pay any balance owing toward the fee due under subd. 2. within 30 days after the clerk or body receiving the petition provides the petitioner with a written statement of the amount due. If the petitioner has overpaid the fee due under subd. 2. the clerk or body receiving the petition shall refund the amount overpaid within 30 days after the board of canvassers makes its determination in the recount.
16,93t Section 93t. 9.01 (1) (ar) 3. of the statutes is amended to read:
9.01 (1) (ar) 3. Upon receipt of Whenever a clerk receives a valid petition and any payment under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers. Upon receipt of Whenever the board receives a valid petition by the board and any payment under par. (ag) 3., the board shall promptly by certified mail or other expeditious means order the proper county boards of canvassers to commence the recount. County boards of canvassers shall convene no later than 9 a.m. on the second day following after receipt of an order and may adjourn for not more than one day at a time until the recount is completed in the county, except that the board may permit extension of the time for adjournment. Returns from a recount ordered by the board shall be transmitted to the office of the board as soon as possible, but in no case later than 13 days from the date of the order of the board directing the recount. The chairperson of the board or the chairperson's designee may not make a determination in any election if a recount is pending before any county board of canvassers in that election. The chairperson of the board or the chairperson's designee need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making his or her determinations.
16,94f Section 94f. 9.10 (2) (b) of the statutes is amended to read:
9.10 (2) (b) A recall petition for requesting the recall of a city, village, town or school district office officer shall contain a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought each cause for the recall and the specific allegations that constitute each cause. In this paragraph, "cause" means neglect of duty or official misconduct.
16,94i Section 94i. 9.10 (2) (d) of the statutes is amended to read:
9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless the petitioner first files a registration statement under s. 11.05 (1) or (2) with the filing officer with whom the petition is filed. The petitioner shall append to the registration a statement indicating his or her intent to circulate a recall petition, the name of the officer for whom recall is sought and, in the case of a petition for the recall of a city, village, town or school district officer, a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought each cause, as defined in par. (b), for the recall and the specific allegations that constitute each cause. No petitioner may circulate a petition for the recall of an officer prior to completing registration. The last date that a petition for the recall of a state, congressional, legislative, judicial or county officer may be offered for filing is 5 p.m. on the 60th day commencing after registration. The last date that a petition for the recall of a city, village, town or school district officer may be offered for filing is 5 p.m. on the 30th day commencing after registration. After the recall petition has been offered for filing, no name may be added or removed. No signature may be counted unless the date of the signature is within the period provided in this paragraph.
16,94L Section 94L. 9.10 (4) (a) of the statutes is amended to read:
9.10 (4) (a) Immediately after a petition for the recall of a city, village, town, or school district officer is offered for filing, the municipal clerk, board of election commissioners, or school district clerk shall notify the officer against whom the petition is filed. Within 10 days after a the petition for the recall of a city, village, town or school district official, is offered for filing, the officer against whom the petition is filed may file a written challenge with the municipal clerk or board of election commissioners or school district clerk with whom it is filed, specifying any alleged insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the challenge with the clerk or board of election commissioners within 5 days after the challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed may file a reply to any new matter raised in the rebuttal within 2 days after the rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a reply to a rebuttal, the clerk or board of election commissioners shall file the certificate or an amended certificate. Within 31 days after the petition is offered for filing, the clerk or board of election commissioners shall determine by careful examination of the face of the petition whether the petition is sufficient and shall so state in a certificate attached to the petition. If the petition is found to be insufficient, the certificate shall state the particulars creating the insufficiency. The petition may be amended to correct any insufficiency within 5 days following the affixing of the original certificate. Within 2 days after the offering of the amended petition for filing, the clerk or board of election commissioners shall again carefully examine the face of the petition to determine sufficiency and shall attach to the petition a certificate stating the findings. Immediately upon finding an original or amended petition sufficient, except in cities over 500,000 population, the municipal clerk or, school district clerk, or board of election commissioners shall notify, in writing, the officer against whom the petition is filed. Within 3 days following receipt of the notification, the officer shall inform the municipal clerk, school district clerk, or board of election commissioners, in writing, as to whether the officer contests the petition. If the officer fails to inform the municipal clerk, school district clerk, or board of election commissioners within 3 days following receipt of the notification, or if the officer does not contest the petition, the municipal clerk, school district clerk, or board of election commissioners shall issue a certificate declaring that an election will be held under this section. If the certificate is issued by the municipal clerk, the municipal clerk shall immediately transmit the petition and certificate to the governing body of the municipality. If the certificate is issued by the school district clerk, the school district clerk shall immediately transmit the petition and certificate to the school board. If the officer contests the petition, the municipal clerk, school district clerk, or board of election commissioners shall transmit the petition to the governing body or to the school board. Immediately upon finding an original or amended petition sufficient, in cities over 500,000 population, the board of election commissioners shall file the petition in its office circuit court for the county in which the office of the clerk or board of election commissioners is located.
16,94p Section 94p. 9.10 (4) (b) and (c) of the statutes are created to read:
9.10 (4) (b) Within 10 days after receipt of a petition under par. (a), the circuit court shall determine, after hearing, whether the allegations in the petition are true and, if true, whether the allegations constitute cause, as defined in sub. (2) (b), for the recall. The clerk of court shall notify the officer for whom the recall is sought of the hearing date. The officer and the person who offers the petition for filing may appear by counsel and the court may take testimony with respect to the petition. If the circuit court determines that the allegations in the petition are true and constitute cause, as defined in sub. (2) (b), for the recall, the court shall issue a certificate directing that an election be held under this section. If the petition concerns a city, village, or town office, the court shall transmit the petition and certificate to the governing body of the city, village, or town, except that in cities over 500,000 population the court shall transmit the petition and certificate to the board of election commissioners. If the petition concerns a school district office, the court shall transmit the petition and certificate to the school board. Upon receiving a petition and certificate, the governing body, board of election commissioners, or school board shall file the petition and certificate in its office. If the court determines that the allegations in the petition are not true or do not constitute cause, as defined in sub. (2) (b), for the recall, the court may not issue the certificate.
(c) Any party aggrieved by a circuit court determination under par. (b) may appeal to the court of appeals within the time period specified in s. 808.04 (2). An appeal under this paragraph shall be given precedence over other matters not accorded similar precedence by law. The appeal shall stay the holding of a recall primary and election under a certificate issued by the circuit court under par. (b) until the court of appeals determines the validity of the certificate, but other acts required to be undertaken to prepare for the primary and election shall proceed during the pendency of the appeal.
16,94s Section 94s. 9.10 (4) (d) of the statutes is amended to read:
9.10 (4) (d) The governing body, school board or board of election commissioners, upon receiving the a certificate from the circuit court under par. (b) or upon receiving or issuing a certificate under par. (a), shall call an election to be held on the Tuesday of the 6th week commencing after the date of the certificate. If Tuesday is a legal holiday, the recall election shall be held on the first day after Tuesday which is not a legal holiday.
16,94sm Section 94sm. 10.01 (2) (b) of the statutes is amended to read:
10.01 (2) (b) Type B—The type B notice shall include the relevant facsimile ballots and the relevant portions of voting instructions to electors under s. 10.02 for each office or referendum and shall specify the date of the election. In counties or municipalities where an electronic voting system employing a ballot label and ballot card in which ballots are distributed to electors is used, the notice shall include the information specified in s. 5.94. The type B notice shall be published once by the county clerks, and for primaries and other elections in municipalities or special purpose districts, once by the clerk of the municipality or special purpose district on the day preceding each primary and other election.
16,95m Section 95m. 10.06 (3) (e) of the statutes is amended to read:
10.06 (3) (e) When electronic or mechanical voting machines or electronic voting systems employing a ballot card or label in which ballots are distributed to electors are used in a municipality at a municipal election, the municipal clerk shall publish a type B notice on the Monday before the election. The notice shall include all offices and questions to be voted on at the election. The cost of this notice shall be shared under s. 5.68 (2) and (3).
16,95ms Section 95ms. 12.13 (1) (f) of the statutes is amended to read:
12.13 (1) (f) Shows his or her marked or punched ballot to any person or places a mark upon the ballot so it is identifiable as his or her ballot.
16,96m Section 96m. 12.13 (3) (e) and (j) of the statutes are amended to read:
12.13 (3) (e) Prepare or cause to be prepared an official ballot with intent to change the result of the election as to any candidate or referendum; prepare an official ballot which is premarked or prepunched or which has an unauthorized sticker affixed prior to delivery to an elector; or deliver to an elector an official ballot bearing a mark or punch opposite the name of a candidate or referendum question that might be counted as a vote for or against a candidate or question.
(j) When called upon to assist an elector who cannot read or write, has difficulty in reading, writing or understanding English, or is unable to mark or punch a ballot or depress a lever or button on a voting machine, inform the elector that a ballot contains names or words different than are printed or displayed on the ballot with the intent of inducing the elector to vote contrary to his or her inclination, intentionally fail to cast a vote in accordance with the elector's instructions or reveal the elector's vote to any 3rd person.
16,96w Section 96w. 13.093 (2) (c) of the statutes is repealed.
16,97m Section 97m. 13.0975 of the statutes is created to read:
13.0975 Prison impact assessments. (1) In this section:
(a) "Bureau" means the legislative fiscal bureau.
(b) "Prison" means a state prison described under s. 302.01.
(2) The bureau shall prepare a prison impact assessment for any bill or, if requested, for any bill draft that creates a felony or modifies the period of imprisonment for a felony. Except as otherwise provided by the joint rules of the legislature, the bureau shall prepare the assessment within 21 days after the date on which the bureau receives a copy of a bill under sub. (4) or the date on which the bureau receives a request to prepare the assessment from the requester of the bill draft, whichever occurs first. The assessment shall contain all of the following:
(a) Projections of the impact on statewide populations of prisoners, probationers, parolees, and persons on extended supervision.
(b) An estimate of the fiscal impact of population changes under par. (a) on state expenditures, including expenditures for the construction and operation of state prisons for the current fiscal year and on an annualized basis.
(c) A statement of the methodologies and assumptions that the bureau used in preparing the assessment.
(3) The legislature shall reproduce and distribute assessments under sub. (2) in the same manner as it reproduces and distributes amendments.
(4) A bill draft that requires an assessment by the bureau under this section shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires an assessment under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the legislative fiscal bureau.
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