LRB-1400/2
JTK:jrd:kaf
1995 - 1996 LEGISLATURE
March 13, 1995 - Introduced by Representatives Underheim, Otte, F. Lasee, Ryba,
Lehman, Ward, Musser, Brandemuehl, Schneiders, Grothman, Ainsworth,
Nass, Silbaugh, Handrick
and Olsen, cosponsored by Senator Schultz.
Referred to Committee on Elections and Constitutional Law.
AB190,1,3 1An Act to amend 5.85 (2) and (3), 5.85 (5), 5.86 (1), 6.875 (4), 7.30 (1) and (2) (b)
2and (c), 7.30 (4) (a), 7.30 (4) (c), 7.30 (4) (d), 7.51 (4) (a) and 60.24 (3) (a) of the
3statutes; relating to: the method of selection of election officials.
Analysis by the Legislative Reference Bureau
Currently, party committeemen and committeewomen, if any, may nominate to
municipalities individuals to serve as election inspectors (poll workers) and special
voting deputies at certain retirement homes and community-based residential
facilities. Under the appointment procedure for election inspectors, a committeeman
or committeewoman submits a number of nominees equal to the number of
inspectors to be appointed. A committeeman or committeewoman may designate
any individual as a first choice nominee. The municipal governing body or board of
election commissioners must appoint every first choice nominee unless the
governing body or board of election commissioners obtains permission from the state
elections board not to appoint the nominee. The elections board may only permit
nonappointment if a showing of good cause is made. A municipality's request for
nonappointment may be contested and is subject to notice and hearing under the
state administrative procedure act. The decision of the elections board may be
appealed to circuit court. Regardless of whether nominees are submitted to a
municipality by a committeeman or committeewoman, all election inspectors must
be designated to represent one of the 2 political parties whose candidate for president
or governor received the greatest number of votes in the area served by the polling
place at the most recent general election, with the party whose candidate received
the greatest number of votes entitled to be represented by one more inspector than
the other party. Appointees serve for 2-year terms. Vacancies are filled by the
municipal clerk or board of election commissioners of each municipality in the same
manner that original appointments are made.
This bill provides that whenever there are an insufficient number of nominees
submitted to a municipality by the appropriate party committeemen and

committeewomen, the municipality may appoint election inspectors or special voting
deputies without regard to party affiliation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB190, s. 1 1Section 1. 5.85 (2) and (3) of the statutes are amended to read:
AB190,3,122 5.85 (2) The election officials shall examine the ballots or record of votes cast
3for write-in votes and shall count and tabulate the write-in votes. When an
4electronic voting system is used which utilizes a ballot which is distributed to
5electors, before separating the remaining ballot cards from their respective covering
6envelopes, the election officials shall examine the ballots for write-in votes. When
7an elector has cast a write-in vote, the election officials shall compare the write-in
8vote with the votes on the ballot to determine whether the write-in vote results in
9an overvote for any office. In case of an overvote for any office, the election officials,
10consisting in each case of at least one election official of each of the 2 major political
11parties, whenever officials of both parties are present,
shall make a true duplicate
12ballot of all votes on the ballot card except for the office which is overvoted, by using
13the ballot label booklet and voting device for the ward, if any, and one of the punching
14or marking devices so as to transfer all votes of the elector except for the office
15overvoted, to an official ballot of that kind used in the ward at that election. Unless
16election officials are selected under s. 7.30 (4) (c) without regard to party affiliation,
17the election officials shall consist in each case of at least one election official of each
18of the 2 major political parties, whenever officials of both parties are present.

19Write-in votes shall be counted as provided in s. 7.50 (2) (d). The original ballot upon
20which there is an overvote shall be clearly labeled "Overvoted Ballot" and the ballot
21so produced "Duplicate Overvoted Ballot", and each shall bear the same serial

1number which shall be placed thereon by the election officials, commencing with
2number "1" and continuing consecutively for each of the ballots of that kind in that
3ward. The election officials shall initial the "Duplicate Overvoted Ballot" ballots and
4shall place them in the container for return of the ballots. The "Overvoted Ballot"
5ballots and their envelopes shall be placed in the "Original Ballots" envelope. Ballots
6bearing write-in votes marked in the place designated therefor and bearing the
7initials of an election official and not resulting in an overvote and otherwise
8complying with the election laws as to marking shall be counted, tallied, and their
9votes recorded on a tally sheet provided by the municipal clerk. Ballot cards and
10ballot card envelopes shall be separated and all ballots except any which are
11defective or overvoted shall be placed separately in the container for return of the
12ballots, along with the ballots marked "Duplicate Overvoted Ballots".
AB190,4,6 13(3) The election officials shall examine the ballots to determine if any is
14damaged or defective so that it cannot be counted by the automatic tabulating
15equipment. If any ballot is damaged or defective so that it cannot be properly counted
16by the automatic tabulating equipment, the election officials, consisting in each case
17of at least one official of each of the 2 major political parties whenever present,
in the
18presence of witnesses, shall make a true duplicate ballot of all votes on that ballot
19by using the ballot label booklet and voting device for the ward, if any, and one of the
20punching or marking devices so as to transfer all votes of the elector to an official
21ballot of that kind used in the ward in that election. Unless election officials are
22selected under s. 7.30 (4) (c) without regard to party affiliation, the election officials
23shall consist in each case of at least one election official of each of the 2 major political
24parties, whenever officials of both parties are present.
The original ballot shall be
25clearly labeled "Damaged Ballot" and the ballot so produced "Duplicate Damaged

1Ballot", and each shall bear the same number which shall be placed thereon by the
2election officials, commencing with number "1" and continuing consecutively for the
3ballots of that kind in the ward. The election officials shall initial the "Duplicate
4Damaged Ballot" ballots, and shall place them in the container for return of the
5ballots. The officials shall place "Damaged Ballot" ballots and their envelopes in the
6"Original Ballots" envelope.
AB190, s. 2 7Section 2. 5.85 (5) of the statutes is amended to read:
AB190,5,28 5.85 (5) If the municipality has designated a central counting location to be
9used to count ballots under s. 7.51 (1), the inspectors shall count and deposit the
10paper ballots in the container. The inspectors shall then place the slip made out
11under sub. (4) in the container. The inspectors shall also place the tally sheet
12recording the write-in votes and other votes cast on paper ballots, and all other
13ballots, or the record of the votes cast on an electronic voting system where no ballots
14are distributed to electors, in the container and shall thereupon immediately seal the
15container with an adhesive seal provided by the municipal clerk for the purpose in
16such manner that the seal completely covers the opening in the container, and each
17of the inspectors shall sign the seal. The "Defective Ballots" envelope, and "Original
18Ballots" envelope each shall be securely sealed and the flap or end thereof of each
19signed by the inspectors and returned to the central counting location with the box
20for return of the ballots, enclosed ballots and returns. Thereupon, the municipal
21clerk or 2 of the election officials, of different political parties whenever officials of
22both parties are present,
shall forthwith and by the most direct route transport the
23container and envelopes to the central counting location designated by the municipal
24clerk. Unless election officials are selected under s. 7.30 (4) (c) without regard to
25party affiliation, the election officials shall consist in each case of at least one election

1official of each of the 2 major political parties, whenever officials of both parties are
2present.
AB190, s. 3 3Section 3. 5.86 (1) of the statutes is amended to read:
AB190,5,154 5.86 (1) All proceedings at the central counting location shall be under the
5direction of the municipal clerk unless the central counting location is at the county
6seat and the municipal clerk delegates the responsibility to supervise the location to
7the county clerk. Except for any specially trained technicians required for the
8operation of the automatic tabulating equipment
Unless election officials are
9selected under s. 7.30 (4) (c) without regard to party affiliation
, the employes at the
10central counting location, other than any specially trained technicians who are
11required for the operation of the automatic tabulating equipment,
shall be equally
12divided between members of the 2 major political parties under s. 7.30 (2) (a) and all
13duties performed by the employes shall be by teams consisting of an equal number
14of members of each political party whenever sufficient persons from each party are
15available.
AB190, s. 4 16Section 4. 6.875 (4) of the statutes is amended to read:
AB190,6,1617 6.875 (4) For the purpose of absentee voting in nursing homes and qualified
18retirement homes and qualified community-based residential facilities, the
19municipal clerk or board of election commissioners of each municipality in which one
20or more nursing homes or qualified retirement homes or qualified community-based
21residential facilities are located shall appoint at least 2 special voting deputies for
22the municipality in the manner prescribed in s. 7.30 (4). Upon application under s.
236.86 (1) or (2) by one or more qualified electors who are occupants of such a nursing
24home or qualified retirement home or qualified community-based residential
25facility, the clerk or board of election commissioners shall dispatch 2 special voting

1deputies to visit the home or qualified community-based residential facility for the
2purpose of supervising absentee voting procedure by occupants of the home or
3qualified community-based residential facility. The 2 deputies designated to visit
4each nursing home or qualified retirement home and qualified community-based
5residential facility shall be affiliated with different political parties whenever
6deputies representing different parties are available. Nominations for deputy
7positions shall may be submitted by the 2 recognized political parties whose
8candidates for governor or president received the greatest numbers of votes in the
9municipality at the most recent general election. The deputies shall be specially
10appointed to carry out duties under this section for the period specified in s. 7.30 (6)
11(a). The clerk or board of election commissioners may revoke an appointment at any
12time. No individual who is employed or retained, or within the 2 years preceding
13appointment has been employed or retained at a nursing home or qualified
14retirement home or qualified community-based residential facility in the
15municipality, or any member of the immediate family of such an individual as defined
16in s. 19.42 (7), may be appointed to serve as a deputy.
AB190, s. 5 17Section 5. 7.30 (1) and (2) (b) and (c) of the statutes are amended to read:
AB190,7,318 7.30 (1) Number. There shall be 7 inspectors for each polling place at each
19election. In municipalities where voting machines are used, the municipal governing
20body may reduce the number of inspectors to 5. A municipal governing body may
21provide for the appointment of additional inspectors whenever more than one voting
22machine is used or wards are combined under s. 5.15 (6) (b). A municipal governing
23body may provide by ordinance for the selection of alternate officials or the selection
24of 2 sets of officials to work at different times on election day. Additional Unless
25officials are appointed without regard to party affiliation under sub. (4) (c),

1additional
officials shall be appointed in such a manner that the total number of
2officials is an odd number and the predominant party under sub. (2) is represented
3by one more official than the other party.
AB190,7,14 4(2) (b) When a vacancy occurs, the appointment vacancy shall be filled by
5appointment of the municipal clerk. The vacancy shall be filled from the remaining
6names on the lists submitted under sub. (4) or from additional names submitted by
7the chairperson of the county party committee of the appropriate party under sub.
8(4) whenever names are submitted under sub. (4) (d). If the vacancy is due to
9candidacy, sickness or any other temporary cause, the appointment shall be a
10temporary appointment and effective only for that the election at which the
11temporary vacancy occurs
. The same qualifications shall be required , but of persons
12who fill
vacancies. Vacancies may be filled in cases of emergency or because of time
13limitations by a person from another aldermanic district or ward within the
14municipality so the proper balance of party representation is maintained.
AB190,7,1815 (c) The governing body of any municipality may require all persons named on
16the party lists for
serving as election officials to prove their ability to read and write
17English and to have a general knowledge of the election laws. Examinations may be
18given to prove the qualifications can be met.
AB190, s. 6 19Section 6. 7.30 (4) (a) of the statutes is amended to read:
AB190,8,220 7.30 (4) (a) Except in cities where there is a board of election commissioners,
21the mayor, president or board chairperson of each municipality shall nominate to the
22governing body no later than their last regular meeting in December of each
23even-numbered year the necessary election officials for each election ward polling
24place
. If no regular meeting is scheduled, the mayor, president or chairperson shall

1call a special meeting for the purpose of considering nominations no later than
2December 31.
AB190, s. 7 3Section 7. 7.30 (4) (c) of the statutes is amended to read:
AB190,8,194 7.30 (4) (c) For so long as nominees are made available by the political parties
5under this section, appointments may be made only from the lists of submitted
6nominees. If the lists are not submitted by November 30 of the year in which
7appointments are to be made, the board of election commissioners shall appoint, or
8the mayor, president or chairperson of a municipality shall nominate qualified
9persons whose names have not been submitted. If an insufficient number of
10nominees appears on the lists as of November 30, the board of election commissioners
11shall similarly appoint, or the mayor, president or chairperson shall similarly
12nominate sufficient individuals to fill the remaining vacancies. If an official is
13appointed whose name was not submitted on the lists, the official shall be affiliated
14with or designated by the appointing authority to represent one of the 2 parties that
15are entitled to submit lists. An official who is affiliated with one party may not be
16designated to represent a different party, unless the municipal clerk first makes a
17good faith effort to appoint an official who is affiliated with the represented party.

18Any appointment which is made due to the lack of availability of names submitted
19under par. (b) may be made without regard to party affiliation.
AB190, s. 8 20Section 8. 7.30 (4) (d) of the statutes is amended to read:
AB190,9,421 7.30 (4) (d) A party committee or aldermanic district or village committeeman
22or committeewoman under s. 8.17 may submit additional names for inclusion in its
23list of nominations under this section at any time. Whenever there are no available
24names on any list, the board of election commissioners or the mayor, president or
25chairman of the municipality shall so notify the chairman of the appropriate party

1committee or the appropriate aldermanic district or village committeeman or
2committeewoman under s. 8.17
for the purpose of filling vacancies that occur during
3a term of office
. However, an appointment need at no time be delayed because of the
4lack of availability of party nominees.
AB190, s. 9 5Section 9. 7.51 (4) (a) of the statutes is amended to read:
AB190,9,196 7.51 (4) (a) The tally sheets shall state the total number of votes cast for each
7office and for each individual receiving votes for that office, whether or not the
8individual's name appears on the ballot, and shall state the vote for and against each
9proposition voted on. Upon completion of the tally sheets, the inspectors shall
10immediately complete inspectors' statements in duplicate. The inspectors shall state
11the excess by which the number of ballots exceeds the number of electors voting as
12shown by the poll or registration list, if any, and shall state the number of the last
13elector as shown by the registration or poll lists. At least 3 inspectors, including the
14chief inspector and, unless election officials are appointed under s. 7.30 (4) (c)
15without regard to party affiliation,
at least one inspector representing each political
16party, shall then certify to the correctness of the statements and tally sheets and sign
17their names. All other election officials assisting with the tally shall also certify to
18the correctness of the tally sheets. When the tally is complete, the inspectors shall
19publicly announce the results from the statements.
AB190, s. 10 20Section 10. 60.24 (3) (a) of the statutes is amended to read:
AB190,9,2321 60.24 (3) (a) Nominate individuals for service as election officials when to the
22town board whenever
the town board disapproves the nominee of a party committee
23under s. 7.30 (4) (b) 2 and the names of additional nominees are not available.
AB190,9,2424 (End)
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