(b) The board may maintain a free access system under which an elector who votes under s. 6.96 or 6.97 may ascertain current information concerning whether the elector's vote has been counted, and, if the vote will not be counted, the reason that it will not be counted.
(14) Information from county and municipal clerks. The board may request information from county and municipal clerks relating to election administration, performance of electronic voting systems and voting machines, and use of paper ballots in elections.
(15) Registration list. The board is responsible for the design and maintenance of the official registration list under s. 6.36. The board shall require all municipalities to use the list in every election and may require any municipality to adhere to procedures established by the board for proper maintenance of the list.
265, s. s. 7
5.055 of the statutes is created to read:
5.055 Election assistance commission standards board. The executive director of the board shall, in consultation with the board, appoint an individual to represent this state as a member of the federal election assistance commission standards board. The executive director shall also conduct and supervise a process for the selection of an election official by county and municipal clerks and boards of election commissioners to represent local election officials of this state as a member of the federal election assistance commission standards board. The executive director shall ensure that the members of the federal election assistance commission standards board representing this state shall at no time be members of the same political party. Upon appointment or election of any new member of the federal election assistance commission standards board representing this state, the executive director shall transmit a notice of that member's appointment or election to the officer or agency designated by federal law.
265, s. s. 8
5.056 of the statutes is created to read:
5.056 Matching program with secretary of transportation. The executive director of the board shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the board under s. 6.36 (1) with personally identifiable information maintained by the department of transportation.
265, s. s. 9
5.061 of the statutes is created to read:
5.061 Compliance with federal Help America Vote Act. (1)
Whenever any person believes that a violation of Title III of P.L. 107-252
has occurred, is occurring, or is proposed to occur with respect to an election for national office in this state, that person may file a written, verified complaint with the board.
(2) If the board receives more than one complaint under sub. (1) relating to the same subject matter, the board may consolidate the complaints for purposes of this section.
(3) A complainant under sub. (1) or any of the complainants in a consolidated complaint under sub. (2) may request a hearing and the matter shall then be treated as a contested case under ch. 227, except that the board shall make a final determination with respect to the merits of the complaint and issue a decision within 89 days of the time that the complaint or the earliest of any complaints was filed, unless the complainant, or each of any complainants whose complaints are consolidated, consents to a specified longer period.
(4) If the board finds the complaint to be without merit, it shall issue a decision dismissing the complaint. If the board finds that the violation alleged in the complaint has occurred, is occurring, or is proposed to occur, the board shall order appropriate relief, except that the board shall not issue any order under this subsection affecting the right of any person to hold an elective office or affecting the canvass of an election on or after the date of that election.
265, s. s. 10
5.25 (4) (a) of the statutes is amended to read:
5.25 (4) (a) Each polling place shall be accessible to elderly and handicapped all individuals with disabilities. The board shall ensure that the voting system used at each polling place will permit all individuals with disabilities to vote without the need for assistance and with the same degree of privacy that is accorded to nondisabled electors voting at the same polling place. This paragraph does not apply to any individual who is disqualified from voting under s. 6.03 (1) (a).
265, s. s. 11
5.25 (4) (b) of the statutes is created to read:
(b) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a
to provide voting materials in any language other than English, the board shall ensure that the voting system used at each polling place in that jurisdiction is in compliance with 42 USC 1973aa-1a
265, s. s. 12
5.25 (4) (c) of the statutes is repealed.
265, s. s. 13
5.35 (6) (a) 2m., 4., 4a. and 4b. of the statutes are created to read:
5.35 (6) (a) 2m. General information prescribed by the board on federal laws relating to election fraud and misrepresentation in federal elections.
4. The date of the election and the hours during which the polling place is open.
4a. Instructions prescribed by the board for electors for whom identification is required under s. 6.36 (2) (c) 2.
4b. General information prescribed by the board concerning voting rights under applicable state and federal laws, including the method of redress for any alleged violations of those rights.
265, s. s. 14
5.36 of the statutes is created to read:
5.36 Notice of voting by individuals with disabilities. Any individual with a disability may notify a municipal clerk that he or she intends to vote at a polling place on election day and may request that a specific type of accommodation be provided that will facilitate his or her voting.
265, s. s. 15
5.40 (6) of the statutes is amended to read:
5.40 (6) A municipality which utilizes voting machines or an electronic voting system at a polling place may permit use of the machines or system by electors voting under s. 6.15 only as authorized under s. 6.15 (3) (b).
265, s. s. 16
5.55 (title) of the statutes is amended to read:
5.55 (title) Ballot identification Information.
265, s. s. 17
5.87 of the statutes is renumbered 5.87 (1).
265, s. s. 18
5.87 (2) of the statutes is created to read:
5.87 (2) The board shall, by rule, prescribe uniform standards for determining the validity of votes cast or attempted to be cast with each electronic voting system approved for use in this state under s. 5.91. The rules shall apply only to situations that may arise in which the validity of a vote or attempted vote cast by an elector utilizing a particular system cannot be determined under s. 7.50.
265, s. s. 19
5.91 (15) to (18) of the statutes are created to read:
5.91 (15) It permits an elector to privately verify the votes selected by the elector before casting his or her ballot.
(16) It provides an elector with the opportunity to change his or her votes and to correct any error or to obtain a replacement for a spoiled ballot prior to casting his or her ballot.
(17) Unless the ballot is counted at a central counting location, it includes a mechanism for notifying an elector who attempts to cast an excess number of votes for a single office that his or her votes for that office will not be counted, and provides the elector with an opportunity to correct his or her ballot or to receive and cast a replacement ballot.
(18) It produces a permanent paper record of the vote cast by each elector at the time that it is cast that enables a manual count or recount of the elector's vote.
265, s. s. 20
6.06 of the statutes is created to read:
6.06 Information for uniformed service members.
The board is the agency designated by this state under 42 USC 1973ff-1
to provide information regarding voter registration and absentee balloting procedures to absent members of the uniformed services and overseas voters with respect to elections for national office.
265, s. s. 21
6.15 (2) (title) of the statutes is amended to read:
6.15 (2) (title) Application for ballot Procedure at clerk's office.
265, s. s. 22
6.15 (2) (a) (intro.) of the statutes is amended to read:
6.15 (2) (a) (intro.) The elector's request for the application form may be made in person to the proper municipal clerk either in person or in writing any time during the 10-day period in which the elector's residence requirement is incomplete, but not later than the applicable deadline for making application for an absentee ballot of the municipality where the person resides. Application may be made not sooner than 9 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in the ward or election district in which the elector resides. The If an elector makes application before election day, the application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form:
265, s. s. 23
6.15 (3) (a) (title) of the statutes is repealed.
265, s. s. 24
6.15 (3) (a) 1., 2. and 3. of the statutes are renumbered 6.15 (2) (d) 1r., 2. and 3., and 6.15 (2) (d) 1r., as renumbered, is amended to read:
6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card, the municipal clerk shall inform the elector that he or she may vote for the presidential electors not sooner than 9 days nor later than 5 p.m. on the day before the election at the office of the municipal clerk, or at a specified polling place on election day. When voting at the municipal clerk's office, the applicant shall provide identification and require the elector to provide acceptable proof of residence under s. 6.55 (7). If the elector cannot provide acceptable proof of residence, the elector may have his or her residence corroborated in a statement that is signed by another elector of the municipality and that contains the current street address of the corroborating elector. If the residence is corroborated by another elector, that elector shall then provide proof of residence under s. 6.55 (7). The elector shall then mark the ballot in the clerk's presence in a manner that will not disclose his or her vote. Unless the ballot is utilized with an electronic voting system, the applicant The elector shall then fold the ballot so as to conceal his or her vote. The applicant clerk or elector shall then deposit the ballot and seal it in place the ballot in an envelope furnished by the clerk.
265, s. s. 25
6.15 (3) (b) (title) of the statutes is repealed.
265, s. s. 26
6.15 (3) (b) of the statutes is renumbered 6.15 (3) and amended to read:
6.15 (3) Voting procedure
Procedure at polling place. An eligible elector may appear at the polling place for the ward or election district where he or she resides and make application for a ballot under sub. (2). In such case, the inspector or special registration deputy Except as otherwise provided in this subsection, an elector who casts a ballot under this subsection shall follow the same procedure required for casting a ballot at the municipal clerk's office under sub. (2). The inspectors shall perform the duties of the municipal clerk. The elector shall provide identification. If the elector is qualified, he or she shall be permitted to vote, except that the inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon proper completion of the application and cancellation card and submittal of acceptable proof of residence under s. 6.55 (7) or providing corroboration of residence, the inspectors shall permit the elector to cast his or her ballot for president and vice president. The elector shall mark the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and shall deposit the ballot into the ballot box or give it to the inspector. The inspector shall deposit it directly into the ballot box. Voting machines or ballots utilized with electronic voting systems may only be used by electors voting under this section if they permit voting for president and vice president only.
265, s. s. 27
6.15 (4) (d) of the statutes is amended to read:
6.15 (4) (d) Upon satisfactory completion of the procedure under pars. (b) and (c) the inspectors shall deposit the ballot in the ballot box. The inspectors shall enter the name of each elector voting under this section on the poll list with an indication that the elector is voting under this section or on a separate list maintained for the purpose under s. 6.79 (2) (c).
265, s. s. 28
6.20 of the statutes is amended to read:
6.20 Absent electors. Any qualified elector of this state who registers where required may vote by absentee ballot under ss. 6.84 to 6.89.
265, s. s. 29
6.24 (3) of the statutes is amended to read:
6.24 (3) Registration. If registration is required in the municipality where the The overseas elector
resided or where the elector's parent resided, the elector shall register in the municipality where he or she was last domiciled or where the overseas elector's parent was last domiciled on a form prescribed by the board designed to ascertain the elector's qualifications under this section. The form shall be substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (4).
265, s. s. 30
6.24 (4) (a) of the statutes is amended to read:
6.24 (4) (a) An overseas elector who is properly registered where registration is required may request an absentee ballot in writing under ss. 6.86 to 6.89.
265, s. s. 31
6.24 (4) (c) of the statutes is amended to read:
6.24 (4) (c) Upon receipt of a timely application from an individual who qualifies as an overseas elector and who has registered to vote in a municipality under sub. (3) whenever registration is required in that municipality, the municipal clerk of the municipality shall send an absentee ballot to the individual for all subsequent elections for national office to be held during the year in which the ballot is requested, unless the individual otherwise requests or until the individual no longer qualifies as an overseas elector.
265, s. s. 33
6.26 (title) of the statutes is repealed and recreated to read:
6.26 (title) Special registration deputies.
265, s. s. 34
6.26 (1) of the statutes is amended to read:
6.26 (1) Where registration is applicable under s. 6.27, the The municipal clerk or the board of election commissioners of each municipality shall administer elector registration within the municipality in accordance with the procedures prescribed under sub. (3). The clerk or board of election commissioners shall prepare and maintain the registration list under this chapter.
265, s. s. 35
6.26 (2) (a) of the statutes is amended to read:
6.26 (2) (a) A qualified elector of the state may apply to any municipal clerk or board of election commissioners to be appointed as a special registration deputy for the purpose of registering electors of the municipality prior to the close of registration. An applicant may be appointed by more than one municipal clerk or board of election commissioners to serve more than one municipality.
265, s. s. 36
6.26 (2) (am) of the statutes is created to read:
6.26 (2) (am) A qualified elector of this state may apply to the board to be appointed as a special registration deputy for the purpose of registering electors of any municipality prior to the close of registration.
265, s. s. 37
6.26 (2) (b) and (c) of the statutes are amended to read:
6.26 (2) (b) The municipal clerk or, board of election commissioners, or elections board may appoint an any applicant who qualifies under this subsection, unless the applicant's appointment has been revoked by a municipality or by the board for cause. A The municipal clerk or, board of election commissioners, or elections board may revoke an appointment made by the clerk, board of election commissioners, or elections board for cause at any time.
(c) No individual may serve as a special registration deputy in a municipality unless the individual is appointed by the municipal clerk or board of election commissioners of the municipality or the individual is appointed by the elections board to serve all municipalities.
265, s. s. 38
6.27 of the statutes is repealed and recreated to read:
6.27 Elector registration required. Each elector shall register under this chapter before voting in any election, except as authorized under ss. 6.15, 6.18, and 6.22.
265, s. s. 39
6.275 (1) (b) to (d) of the statutes are amended to read:
6.275 (1) (b) Where registration applies, the The total number of electors of the municipality residing in that county who were preregistered on the deadline specified in s. 6.28 (1), including valid mail registrations which are postmarked by that day.
(c) Where registration applies, the The total number of electors of the municipality residing in that county who registered after the close of registration and prior to the day of the primary or election under ss. 6.28 (1), 6.29, and 6.86 (3) (a) 2.
(d) Where registration applies, the The total number of electors of the municipality residing in that county who registered on the day of the primary or election under ss. 6.55 and 6.86 (3) (a) 2.
265, s. s. 40
6.276 of the statutes is created to read:
6.276 Federal absentee voting statistics. (1) In this section, "military elector" and "overseas elector" have the meanings given in s. 6.36 (2) (c).
(2) Within 30 days after each general election, each municipal clerk shall transmit to the board a report of the number of absentee ballots transmitted by the clerk to absent military electors and overseas electors for that election and the combined number of those ballots that were cast by those electors in that election.
(3) Within 90 days after each general election, the board shall compile the information contained in the reports received from municipal clerks under sub. (2) and transmit the information to the federal Election Assistance Commission.
265, s. s. 41
6.28 (2) (b) of the statutes is amended to read:
6.28 (2) (b) The municipal clerk of each municipality in which elector registration is required shall notify the school board of each school district in which the municipality is located that high schools shall be used for registration pursuant to par. (a). The school board and the municipal clerk shall agree upon the appointment of at least one qualified elector at each high school as a special school registration deputy. The municipal clerk shall appoint such person as a school registration deputy and explain the person's duties and responsibilities. Students and staff may register at the high school on any day that classes are regularly held. The school registration deputies shall promptly forward properly completed registration forms to the municipal clerk of the municipality in which the registering student or staff member resides. The municipal clerk, upon receiving such registration forms, shall add all those registering electors who have met the registration requirements to the registration list. The municipal clerk may reject any registration form and shall promptly notify the person whose registration is rejected of the rejection and the reason therefor. A person whose registration is rejected may reapply for registration if he or she is qualified. The form of each high school student who is qualified and will be eligible to vote at the next election shall be filed in such a way that when a student attains the age of 18 years the student is registered to vote automatically. Each school board shall assure that the principal of every high school communicates elector registration information to students.
265, s. s. 42
6.28 (3) of the statutes is amended to read:
6.28 (3) At office of register of deeds. Any person who resides in a municipality requiring registration of electors shall be given an opportunity to register to vote at the office of the register of deeds for the county in which the person's residence is located. An applicant may fill out the required registration form under s. 6.33. Upon receipt of a completed form, the register of deeds shall forward the form within 5 days to the appropriate municipal clerk, or to the board of election commissioners in cities over 500,000 population. The register of deeds shall forward the form immediately whenever registration closes within 5 days of receipt.
265, s. s. 43
6.29 (2) (a) of the statutes is amended to read:
6.29 (2) (a) Any qualified elector of a municipality where registration is required who has not previously filed a registration form or whose name does not appear on the registration list of the municipality shall be entitled to vote at the election if he or she delivers to the municipal clerk may register after the close of registration but not later than 5 p.m. or the close of business, whichever is later, on the day before an election at the office of the municipal clerk and at the office of the clerk's agent if the clerk delegates responsibility for electronic maintenance of the registration list to an agent under s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2), a registration form executed by the elector. The form shall contain a certification by the elector that all statements are true and correct. Alternatively, if the elector cannot obtain a registration form, the elector may deliver a statement, signed by the elector, containing all of the information required on the registration form containing all information required under s. 6.33 (1). The elector shall present also provide acceptable proof of residence as provided in under s. 6.55 (7). If no proof is presented Alternatively, if the elector is unable to provide acceptable proof of residence under s. 6.55 (7), the information contained in the registration form or the listing of required information shall be substantiated corroborated in a statement that is signed by one any other elector of the municipality, corroborating all the material statements therein and that contains the current street address of the corroborating elector. The corroborating elector shall then provide acceptable proof of residence under s. 6.55 (7). The signing of the form by the registering elector and statement by the corroborating elector shall be done in the presence of the municipal clerk or deputy clerk not later than 5 p.m. of the day before an election.
265, s. s. 44
6.29 (2) (b) of the statutes is amended to read:
6.29 (2) (b) Upon Unless the municipal clerk determines that the registration list will be revised to incorporate the registration in time for the election, upon the filing of the registration form required by this section, the municipal clerk or clerk's agent under s. 6.33 (5) (b) shall issue a certificate containing the name and address of the elector addressed to the inspectors of the proper ward or election district directing that the elector be permitted to cast his or her vote, unless the clerk determines that the registration list will be revised to incorporate the registration in time for the election if the elector complies with all requirements for voting at the polling place. The certificate shall be numbered serially, prepared in duplicate and one copy preserved in the office of the municipal clerk.
265, s. s. 45
6.30 (4) of the statutes is amended to read: