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2011 - 2012 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2011 SENATE BILL 269
January 12, 2012 - Offered by Senator Lazich.
SB269-SSA1,1,3 1An Act to amend 7.30 (2) (a) and (b), 7.30 (4) (b) 1., 7.30 (4) (b) 2., 7.30 (4) (c) and
27.30 (6) (b) of the statutes; relating to: appointment and residency of election
3officials.
Analysis by the Legislative Reference Bureau
Currently, election officials are generally required to be qualified electors of the
municipality in which the officials serve. In addition, election officials who serve at
a polling place are generally required to be qualified electors of the ward for which
the polling place is established, whenever a municipality is divided into wards.
However, special registration deputies who register electors at a polling place on
election day, election officials who are appointed to work at a polling place that serves
more than one ward, election officials who are reassigned by a municipal clerk or
board of election commissioners to correct staffing deficiencies, or election officials
who are appointed to fill a temporary or permanent vacancy need not be electors of
any particular ward, but must be qualified electors of the municipality in which they
serve. Officials who are appointed to work at a polling place that serves more than
one ward must be electors of one of the wards served by the polling place. A high
school pupil who is 16 or 17 years of age may serve as an inspector (poll worker) at
the polling place serving his or her residence. In addition, if the municipal clerk or
the executive director of a board of election commissioners or a deputy to the clerk
or executive director serves as a special registration deputy or is appointed to work

at a polling place to fill a vacancy in an inspector position, the clerk, executive
director, or deputy need not be a resident of the municipality in which he or she
serves.
Currently, political party officers may submit the names of nominees to serve
as election officials, other than as special registration deputies, at polling places. If
no nominations or insufficient nominations are submitted, municipalities may
appoint election officials on a nonpartisan basis. Twice as many nominations are
submitted as there are positions to be filled. Any nominee may be designated as a
first choice nominee, and a municipality must appoint a first choice nominee unless
the Government Accountability Board (GAB) permits nonappointment for good
cause shown.
This substitute amendment provides that an individual who serves as an
election official at a polling place on election day need be an elector only of a county
in which the municipality where the official serves is located, except than an
individual who serves as the chief inspector at a polling place must be a qualified
elector of the municipality where he or she serves unless no qualified candidate is
available or the chief inspector is appointed to fill a temporary vacancy and except
as the law currently permits the individual to reside outside the county where he or
she serves, and except that a high school pupil who serves as an inspector must
continue to meet the current residency requirement.
The substitute amendment also permits, for up to 50 percent of the positions
to be filled, a political party officer to recommend the ward for which an individual
is nominated to serve. Under the substitute amendment, recommendations that
specify a ward where the nominee is nominated to serve must be balanced to achieve
geographic representation across a county unless the attorney general otherwise
permits for good cause shown. The substitute amendment permits municipalities to
appoint individuals who are nominated to serve in a specified ward in the ward for
which they are nominated for at least 50 percent of the positions to be filled.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB269-SSA1, s. 1 1Section 1. 7.30 (2) (a) and (b) of the statutes are amended to read:
SB269-SSA1,3,252 7.30 (2) (a) Only election officials appointed under this section or s. 6.875 may
3conduct an election. Except as otherwise provided in this paragraph and in ss. 7.15
4(1) (k) and 7.52 (1) (b), each election official shall be a qualified elector of the ward
5or wards, or the election district, for
a county in which the polling place is established.
6A special registration deputy who is appointed under s. 6.55 (6) or an election official
7who is appointed under this section to fill a vacancy under par. (b) need not be a

1resident of the ward or wards, or the election district, but shall be a resident of the

2municipality where the official serves is located, and each chief inspector shall be a
3qualified elector of the municipality in which the official serves
, except that if no
4qualified candidate is available or if the chief inspector is appointed to fill a vacancy
5under par. (b), the person so appointed need not be a qualified elector of the
6municipality and except that
if a municipal clerk or deputy clerk serves as a
7registration deputy or is appointed to fill a vacancy under par. (b), the clerk or deputy
8clerk need not be a resident of the municipality the county, but shall be a resident
9of the state. No more than 2 individuals holding the office of clerk or deputy clerk
10may serve without regard to municipal county residency in any municipality at any
11election. Special registration deputies who are appointed under s. 6.55 (6) may be
12appointed to serve more than one polling place. All officials appointed under this
13section shall be able to read and write the English language, be capable, and be of
14good understanding, and may not be a candidate for any office to be voted for at an
15election at which they serve. In 1st class cities, they may hold no public office other
16than notary public. Except as authorized under subs. (1) (b) and (4) (c), all inspectors
17shall be affiliated with one of the 2 recognized political parties which received the
18largest number of votes for president, or governor in nonpresidential general election
19years, in the ward or combination of wards served by the polling place at the last
20election. Excluding the inspector who may be appointed under sub. (1) (b), the party
21which received the largest number of votes is entitled to one more inspector than the
22party receiving the next largest number of votes at each polling place. Election
23officials appointed under this section may serve the electors of more than one ward
24where wards are combined under s. 5.15 (6) (b). If a municipality is not divided into
25wards, the ward requirements in this paragraph apply to the municipality at large.
SB269-SSA1,4,16
1(b) When a vacancy occurs in an office under this section, the vacancy shall be
2filled by appointment of the municipal clerk. Unless the vacancy occurs in the
3position of an inspector appointed under sub. (1) (b), the vacancy shall be filled from
4the remaining names on the lists submitted under sub. (4) or from additional names
5submitted by the chairperson of the county party committee of the appropriate party
6under sub. (4) whenever names are submitted under sub. (4) (d). If the vacancy is
7due to candidacy, sickness or any other temporary cause, the appointment shall be
8a temporary appointment and effective only for the election at which the temporary
9vacancy occurs. The same qualifications that applied to original appointees shall be
10required of persons who fill vacancies except that a vacancy may be filled in cases
11of emergency or because of time limitations by a person who resides in another
12aldermanic district or ward within the municipality, and
if a municipal clerk or
13deputy clerk fills the vacancy, the clerk or deputy, but not more than a total of 2
14individuals in any municipality, may serve without regard to the clerk's or deputy's
15municipality county of residence, if the clerk or deputy meets the other
16qualifications.
SB269-SSA1, s. 2 17Section 2. 7.30 (4) (b) 1. of the statutes is amended to read:
SB269-SSA1,5,1618 7.30 (4) (b) 1. In cities where there is a board of election commissioners, the
19aldermanic district committeemen or committeewomen under s. 8.17 of each of the
202 dominant recognized political parties shall submit a certified list no later than
21November 30 of each odd-numbered year containing the names of at least as many
22nominees as there are inspectors from that party for each of the voting wards in the
23aldermanic district. The list shall include the address of each nominee and, for not
24more than 50 percent of the positions to be filled, may indicate a recommended ward
25in which the nominee is nominated to serve. The recommendations that specify a

1ward for service shall be balanced to achieve geographic representation across the
2city unless the attorney general otherwise permits for good cause shown.
For
3inspectors serving under s. 7.52 (1) (b), the aldermanic district committeemen and
4committeewomen under s. 8.17 of the 2 dominant recognized political parties shall
5jointly submit a certified list of nominees containing at least twice as many nominees
6as there are inspectors from that party who are to be appointed under s. 7.52 (1) (b).
7The chairperson may designate any individual whose name is submitted as a first
8choice nominee. The board of election commissioners shall appoint, no later than
9December 31 of odd-numbered years, at least 5 inspectors for each ward. The board
10of election commissioners shall appoint all first choice nominees and, for at least 50
11percent of the positions being filled, may appoint those nominees who are nominated
12and recommended to serve at the polling place for a specified ward to serve at the
13polling place for that ward
for so long as positions are available, unless
14nonappointment is
except as authorized under par. (e), and shall appoint other
15individuals in its discretion. The board of election commissioners may designate
16such alternates as it deems advisable.
SB269-SSA1, s. 3 17Section 3. 7.30 (4) (b) 2. of the statutes is amended to read:
SB269-SSA1,6,1118 7.30 (4) (b) 2. a. In municipalities other than cities and villages located in
19counties having a population of more than 500,000, the committees organized under
20s. 8.17 from each of the 2 dominant parties under sub. (2) shall submit a list
21containing at least as many names as there are needed appointees from that party.
22The list shall be submitted by the chairperson of each of the 2 committees to the
23mayor, president, or chairperson of the municipality. If committees are organized in
24subdivisions of a city, the list shall be submitted through the chairperson of the city
25committee. If there is no municipal committee, the list shall be submitted by the

1chairperson of the county or legislative district committee. The list shall include the
2address of each nominee, the municipality for which the nominee is nominated to
3serve and, for not more than 50 percent of the positions to be filled within a
4municipality, may indicate the committees' recommendations for the ward in which
5the nominee is nominated to serve. The recommendations that specify a ward for
6service shall be balanced to achieve geographic representation across the county
7unless the attorney general otherwise permits for good cause shown.
Except as
8provided in par. (c), only those persons submitted by the chairperson of each
9committee under s. 8.17 may act as election officials. The chairperson may designate
10any individual whose name is submitted as a first choice nominee. The list shall
11contain the signature of the chairperson and secretary of the submitting committee.
SB269-SSA1,7,1012 b. In cities or villages located in counties having a population of more than
13500,000, other than cities where there is a board of election commissioners, the
14aldermanic district or village committeeman or committeewoman for the ward or
15wards where each polling place is located, if there is one, or for inspectors serving
16under s. 7.52 (1) (b), the committeemen and committeewomen for the municipality
17acting jointly, shall submit a list containing at least as many names as there are
18needed appointees for inspector positions from the party represented by the
19committeeman or committeewoman or by the committeemen and committeewomen
20acting jointly. For appointments of inspectors in cities and villages where there is
21no aldermanic district or village committeeman or committeewoman, nominations
22shall proceed in the same manner as in municipalities located in counties having a
23population of 500,000 or less. The list shall be submitted to the mayor or president.
24The list shall include the address of each nominee, the municipality for which the
25nominee is nominated to serve and, for not more than 50 percent of the positions to

1be filled within a municipality, may indicate the committeeman's and
2committeewomen's recommendation for the ward in which the nominee is nominated
3to serve. The recommendations that specify a ward for service shall be balanced to
4achieve geographic representation across the city or village unless the attorney
5general otherwise permits for good cause shown.
Except as provided in par. (c), only
6those persons whose names are submitted as provided in this paragraph may act as
7election officials. The committeeman or committeewoman may designate any
8individual whose name is submitted as a first choice nominee. The list shall contain
9the signature of the aldermanic district or village committeeman or
10committeewoman or the chairperson of the appropriate committee.
SB269-SSA1,7,2111 c. Upon submission of each nominee's name, the governing body shall appoint
12each first choice nominee for so long as positions are available, unless
13nonappointment is authorized under par. (e) and sub. (6) (b), and shall appoint other
14nominees in its discretion. If In addition, for at least 50 percent of the positions being
15filled, the governing body may appoint those nominees who are nominated and
16recommended to serve at the polling place for a specified ward to serve at the polling
17place for that ward, except as authorized under par. (e). Except as authorized in sub.
18(6) (b), if
any nominee is not appointed, the mayor, president, or chairperson of the
19municipality shall immediately nominate another person from the appropriate lists
20submitted and continue until the necessary number of election officials from each
21party is achieved at that meeting.
SB269-SSA1, s. 4 22Section 4. 7.30 (4) (c) of the statutes is amended to read:
SB269-SSA1,8,1223 7.30 (4) (c) Except with respect to inspectors who are appointed under sub. (1)
24(b) and except when a nonpartisan appointment is authorized under sub. (6) (b), for
25so long as nominees are made available by the political parties under this section,

1appointments may be made only from the lists of submitted nominees. If the lists
2are not submitted by November 30 of the year in which appointments are to be made,
3the board of election commissioners shall appoint, or the mayor, president or
4chairperson of a municipality shall nominate qualified persons whose names have
5not been submitted. If an insufficient number of nominees appears on the lists as
6of November 30, the board of election commissioners shall similarly appoint, or the
7mayor, president or chairperson shall similarly nominate sufficient individuals to fill
8the remaining vacancies. In addition, the mayor, president, or board chairperson of
9the municipality shall similarly nominate qualified persons to serve in the inspector
10positions authorized under sub. (1) (b). Any appointment which is made due to the
11lack of availability of names submitted under par. (b) may be made without regard
12to party affiliation.
SB269-SSA1, s. 5 13Section 5. 7.30 (6) (b) of the statutes is amended to read:
SB269-SSA1,9,514 7.30 (6) (b) Prior to the first election following the appointment of the
15inspectors, the municipal clerk shall appoint one of the inspectors at each polling
16place, other than an inspector who is appointed under sub. (1) (b), to serve as chief
17inspector. No person may serve as chief inspector at any election who is not certified
18by the board under s. 7.31 at the time of the election. The chief inspector shall hold
19the position for the remainder of the term unless the inspector is removed by the clerk
20or the inspector ceases to be certified under s. 7.31, except that whenever wards are
21combined or separated under s. 5.15 (6) (b), the municipal clerk shall appoint another
22inspector who is certified under s. 7.31 to serve as chief inspector at each polling place
23designated under s. 5.15 (6) (b). If a vacancy occurs in the position of chief inspector
24at any polling place, the municipal clerk shall appoint one of the other inspectors who
25is certified under s. 7.31 to fill the vacancy. The clerk shall ensure that the person

1who is appointed to serve as chief inspector is a qualified elector of the municipality
2in which the person serves unless the person is appointed to fill a temporary vacancy.
3If the county party committee or the committeemen and committeewomen do not
4submit the name of a qualified person to serve as chief inspector, the municipality
5may appoint a person to serve as chief inspector on a nonpartisan basis.
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