2019 - 2020 LEGISLATURE
SENATE AMENDMENT 1,
TO ASSEMBLY BILL 1038
April 15, 2020 - Offered by Senators Bewley,
Carpenter, Erpenbach, Hansen,
Johnson, Larson, Miller, Ringhand, Risser, Schachtner, Shilling, Smith,
L. Taylor and Wirch.
5.41 of the statutes is created to read:
45.41 Suspension of voter identification during an emergency.
Notwithstanding any provision to the contrary, no elector is required to provide 6
identification in order to vote at any primary or election held within 90 days after the 7
day on which the governor issues an executive order declaring a state of emergency, 8
as provided under s. 323.10.
5.84 (1) of the statutes is amended to read:
Where any municipality employs an electronic voting system which 11
utilizes automatic tabulating equipment, either at the polling place or at a central
the municipal clerk shall, on any day not more than 10 days prior 13
to the election day on which the equipment is to be utilized, have the equipment
tested to ascertain that it will correctly count the votes cast for all offices and on all 2
measures. Public notice of the time and place of the test shall be given by the clerk 3
at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in 4
one or more newspapers published within the municipality if a newspaper is 5
published therein, otherwise in a newspaper of general circulation therein. The test 6
shall be open to the public. The test shall be conducted by processing a preaudited 7
group of ballots so marked as to record a predetermined number of valid votes for 8
each candidate and on each referendum. The test shall include for each office one 9
or more ballots which have votes in excess of the number allowed by law and, for a 10
partisan primary election, one or more ballots which have votes cast for candidates 11
of more than one recognized political party, in order to test the ability of the 12
automatic tabulating equipment to reject such votes. If any error is detected, the 13
municipal clerk shall ascertain the cause and correct the error. The clerk shall make 14
an errorless count before the automatic tabulating equipment is approved by the 15
clerk for use in the election.
6.15 (4) (b) of the statutes is amended to read:
(b) During polling hours, or on the Sunday before the election if
18authorized under s. 6.885,
the inspectors shall open each carrier envelope, announce 19
the elector's name, check the affidavit for proper execution, and check the voting 20
qualifications for the ward, if any. In municipalities where absentee ballots are 21
canvassed under s. 7.52, the municipal board of absentee ballot canvassers shall 22
perform this function at a meeting of the board of absentee ballot canvassers.
6.28 (1) (a) of the statutes is amended to read:
(a) Except as authorized in ss. 6.29, 6.55 (2), and 6.86 (3) (a) 2., 25
registration in person for an election closes at 5 p.m. on the 3rd Wednesday preceding
the election. Registrations made by mail under s. 6.30 (4) must be delivered to the 2
office of the municipal clerk or postmarked no later than the 3rd Wednesday 3
preceding the election. Electronic Except as authorized under s. 6.58, electronic 4
registration under s. 6.30 (5) for an election closes at 11:59 p.m. on the 3rd Wednesday 5
preceding the election. The municipal clerk or board of election commissioners may 6
assign election registration officials to register electors who apply for an in-person 7
absentee ballot under s. 6.86 (1) (b) or to register electors at a polling place on election 8
day or at a residential care facility, as defined under s. 6.875 (1) (bm).
6.58 of the statutes is created to read:
106.58 Registration during a state of emergency.
If the governor issues an 11
executive order declaring a state of emergency, as provided under s. 323.10, 12
electronic registration under s. 6.30 (5) for any primary or election occurring no later 13
than 90 days after the order closes at 5 p.m. on the 5th day preceding the election.
6.86 (1) (b) of the statutes is amended to read:
(b) Except as provided in this section, if application is made by mail, 16
the application shall be received no later than 5 p.m. on the 5th day immediately 17
preceding the election. If application is made in person, the application shall be 18
made no earlier than 14 days preceding the election and no later than the Sunday 19
preceding the election. A municipality shall allow applications in person on the
20Sunday preceding any election that is held no later than 90 days after the day on
21which the governor issues an executive order declaring a state of emergency under
No application may be received on a legal holiday. A municipality shall 23
specify the hours in the notice under s. 10.01 (2) (e). The municipal clerk or an 24
election official shall witness the certificate for any in-person absentee ballot cast. 25
Except as provided in par. (c), if the elector is making written application for an
absentee ballot at the partisan primary, the general election, the presidential 2
preference primary, or a special election for national office, and the application 3
indicates that the elector is a military elector, as defined in s. 6.34 (1), the application 4
shall be received by the municipal clerk no later than 5 p.m. on election day. If the 5
application indicates that the reason for requesting an absentee ballot is that the 6
elector is a sequestered juror, the application shall be received no later than 5 p.m. 7
on election day. If the application is received after 5 p.m. on the Friday immediately 8
preceding the election, the municipal clerk or the clerk's agent shall immediately 9
take the ballot to the court in which the elector is serving as a juror and deposit it 10
with the judge. The judge shall recess court, as soon as convenient, and give the 11
elector the ballot. The judge shall then witness the voting procedure as provided in 12
s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver 13
it to the polling place election inspectors of the proper ward or election district
or, in 14
municipalities where absentee ballots are canvassed under s. 7.52, to the municipal 15
clerk as required in s. 6.88. If application is made under sub. (2) or (2m), the 16
application may be received no later than 5 p.m. on the Friday immediately 17
preceding the election.
6.86 (3m) of the statutes is created to read:
Any elector who is quarantined or in isolation as the result of a state 20
of emergency declared under s. 323.10 may register and apply for and obtain an 21
official ballot by agent in the same manner as a hospitalized elector may register and 22
apply for and obtain an official ballot by agent under sub. (3).
6.87 (6) of the statutes is renumbered 6.87 (6) (a) and amended 24
(a) The Except as provided in par. (b), the
ballot shall be returned so 2
it is delivered to the polling place election inspectors of the proper ward or election
no later than 8 p.m. on election day. Except in municipalities where absentee 4
ballots are canvassed under s. 7.52, if the municipal clerk receives an absentee ballot 5
on election day, the clerk shall secure the ballot and cause the ballot to be delivered 6
to the polling place serving the elector's residence before 8 p.m. Any ballot not mailed 7
or delivered as provided in this subsection paragraph or par. (b)
may not be counted.
6.87 (6) (b) of the statutes is created to read:
(b) If the governor issues an executive order declaring a state of 10
emergency under s. 323.10, an absentee ballot being returned by mail for any 11
primary or election occurring no later than 90 days after the day on which the order 12
is issued shall be returned to the municipal clerk no later than 3 days after the day 13
of the primary or election and postmarked no later than the day of the primary or 14
6.88 (1) of the statutes is amended to read:
When an absentee ballot arrives at the office of the municipal clerk, 17
or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it, 18
unopened, in a carrier envelope which shall be securely sealed and endorsed with the 19
name and official title of the clerk, and the words “This envelope contains the ballot 20
of an absent elector and must be opened in the same room where votes are being cast
21at the polls during polling hours on election day or, in municipalities where absentee
22ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of
23absentee ballot canvassers under s. 7.52, stats only as provided by law
." If the elector 24
is a military elector, as defined in s. 6.34 (1), or an overseas elector, regardless of 25
whether the elector qualifies as a resident of this state under s. 6.10, and the ballot
was received by the elector by facsimile transmission or electronic mail and is 2
accompanied by a separate certificate, the clerk shall enclose the ballot in a 3
certificate envelope and securely append the completed certificate to the outside of 4
the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep 5
the ballot in the clerk's office or at the alternate site, if applicable until delivered, as 6
required in sub. (2).
6.885 of the statutes is created to read:
86.885 Early canvassing of absentee ballots during a state of emergency. 9(1) Ordinance authorizing early canvassing; requirements.
(a) 1. The governing 10
body of any municipality that uses automatic tabulating equipment to process 11
absentee ballots may provide by ordinance that absentee ballots received by the 12
municipal clerk may be canvassed on the Sunday before any election occurring no 13
later than 90 days after the governor issues an executive order declaring a state of 14
emergency under s. 323.10.
2. Prior to enacting an ordinance under subd. 1., the municipal clerk or 16
municipal board of election commissioners shall notify the elections commission in 17
writing of the proposed enactment and shall consult with the elections commission 18
concerning administration of this section.
(b) Early canvassing of absentee ballots under this section shall satisfy the 20
procedures required for canvassing absentee ballots during polling hours at a polling 21
place under s. 6.88 (3) or, if applicable, 7.52.
(c) Any member of the public has the same right of access to a place where 23
absentee ballots are being canvassed early under this section that the individual 24
would have under s. 7.41 to observe the proceedings at a polling place.
(d) When not in use, automatic tabulating equipment used for purposes of this 2
section and the areas where the programmed media and the absentee ballots are 3
housed shall be secured with tamper-evident security seals in a double-lock location 4
such as a locked cabinet inside a locked office.
(e) Ballots canvassed early under this section may not be tabulated until the 6
closing of the polls on election day.
(f) No person may act in any manner that would give him or her the ability to 8
know or to provide information on the accumulating or final results from the ballots 9
canvassed early under this section before the close of the polls on election day. A 10
person who violates this paragraph is guilty of a Class I felony.
11(2) Notice requirements.
Absentee ballots may not be canvassed early under 12
this section for any election unless all of the following apply:
(a) As soon as practicable before the election the municipal clerk or executive 14
director of the municipal board of election commissioners notifies in writing the 15
county clerk or executive director of the county board of election commissioners that 16
early canvassing of absentee ballots will take place in the election.
(b) The notice under s. 10.01 (2) (e) specifies the date and time during which, 18
and each location where, the early canvassing of absentee ballots will be conducted.
6.895 of the statutes is created to read:
206.895 Voting by absentee ballot during an emergency.
any provision to the contrary, if the governor issues an executive order declaring a 22
state of emergency under s. 323.10, absentee ballots shall be sent to all registered 23
voters no later than 7 days prior to any primary or election held during the period 24
covered by the order, including any extension under s. 323.10. No witness
certification is required for any absentee ballot returned during the period covered 2
by a state of emergency declared under s. 323.10.
6.91 of the statutes is created to read:
46.91 Place for challenging an elector.
The vote of any voter, including an 5
absent voter, may be challenged as provided under this subchapter at the polling 6
place, at the municipal clerk's office, at an in-person absentee voting location during 7
the period for making an in-person application for an absentee ballot under s. 6.86 8
(1) (b), at a location where the early canvassing of absentee ballots is being conducted 9
under s. 6.885, or at a central count location.
7.52 (1) (a) of the statutes is amended to read:
(a) The governing body of any municipality may provide by ordinance 12
that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the 13
municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall, 14
at each election held in the municipality, canvass all absentee ballots received by the 15
municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this 16
subsection, the municipal clerk or board of election commissioners of the 17
municipality shall notify the elections commission in writing of the proposed 18
enactment and shall consult with the elections commission concerning 19
administration of this section. At every election held in the municipality following 20
enactment of an ordinance under this subsection, the board of absentee ballot 21
canvassers shall, any time after the opening of the polls, or on the Sunday before the
22election if authorized under s. 6.885,
and before 10 p.m. on election day, publicly 23
convene to count the absentee ballots for the municipality. The municipal clerk shall 24
give at least 48 hours' notice of any meeting under this subsection. Any member of 25
the public has the same right of access to a meeting of the municipal board of
absentee ballot canvassers under this subsection that the individual would have 2
under s. 7.41 to observe the proceedings at a polling place. The board of absentee 3
ballot canvassers may order the removal of any individual exercising the right to 4
observe the proceedings if the individual disrupts the meeting.
8.41 of the statutes is created to read:
68.41 Signature requirements during a public health emergency.
If the 7
governor issues an executive order declaring a public health emergency under s. 8
323.10, the commission may modify any signature requirement under this chapter 9
that it considers necessary for public safety or for the administration of any election 10
held during the state of emergency.”.