SB365: Bill Text

SB365,1,5 An Act relating to: repealing, consolidating, renumbering, amending and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting, and clarifying references, and eliminating defects, anachronisms, conflicts, ambiguities, and obsolete provisions (Revisor's Revision Bill).

Analysis by the Legislative Reference Bureau

This revisor's revision bill is explained in the Notes provided by the revisor of statutes in the body of the bill. The overall purpose of this bill is to improve readability, add clarity, and conform existing statutes with current drafting style. In accordance with a change in drafting style, commas before the last item in a series are added throughout this bill. "Which" is replaced by "that" where grammatically correct. This bill is not intended to make any substantive changes.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Note: This bill is not intended to make any substantive changes.

SB365, s. 1 Section 1. 5.15 (1) (a) of the statutes is renumbered 5.15 (1) (a) 1. and amended to read:

SB365,2,8 5.15 (1) (a) 1. Every city, village, and town in this state shall by its common council or village or town board, respectively, be divided into wards as provided in this section, except as authorized in sub. (2). The boundaries of the wards established under this section, and the number assigned to each ward, are intended to be as permanent as possible, and to this end each ward shall when created contain a population at a convenient point within the applicable population range under sub. (2) (b), with due consideration for the known trends of population increase or decrease within that part of the municipality in which the ward is located.

SB365,2,15 2. Once established, the boundaries of each ward shall remain unchanged until a further decennial federal census of population indicates that the population of a ward is then above or below the applicable population range or until the ward boundaries are required to be changed to permit creation of supervisory or aldermanic districts of substantially equal population or to enhance the participation of members of a racial or language minority group in the political process and their ability to elect representatives of their choice.

SB365,2,24 3. If the population of a ward has increased above the maximum of its population range or if the population of a ward must be decreased for a reason specified in this paragraph subd. 2., the ward shall be divided into 2 or more wards in compliance with sub. (2) (b). If the population of a ward has decreased below the minimum of its population range or if the population of a ward must be increased for a reason specified in this paragraph subd. 2., the ward shall, if possible, be combined with an adjoining ward, or the underpopulated ward and one adjoining ward shall be combined and together subdivided into 2 or more wards in compliance with sub. (2).

Note: Divides long sentence to correct sentence agreement and subdivides long provision for improved readability and conformity with current style.

SB365, s. 2 Section 2. 5.58 (intro.) (except 5.58 (title)) of the statutes is renumbered 5.58 (1a) and amended to read:

SB365,3,8 5.58 (1a) Generally. At spring primary elections the following ballots under subs. (1b) to (2r), when necessary, shall be provided for each ward, except as authorized in s. 5.655. Except as provided under sub. (2r), only nonpartisan candidates nominated for office by nomination papers shall have their names placed on the official spring primary ballot under the proper office designation, but the ballots shall allow room for write-in candidates.

Note: Renumbers provision that is not an introductory paragraph according to current style. Adds a title for conformity with the remainder of the section.

SB365, s. 3 Section 3. 5.58 (1) (title) of the statutes is renumbered 5.58 (1b) (title).

Note: See the next section of this bill.

SB365, s. 4 Section 4. 5.58 (1) (intro.) (except 5.58 (1) (title)) of the statutes is renumbered 5.58 (1b) (am).

Note: Renumbers provision that is not an introductory paragraph according to current style.

SB365, s. 5 Section 5. 5.58 (1) (a) and (c) of the statutes are renumbered 5.58 (1b) (bm) and (cm).

Note: Renumbers provisions to accommodate the renumbering of s. 5.58 (1) (intro.) by this bill.

SB365, s. 6 Section 6. 5.58 (2r) (intro.) (except 5.58 (2r) (title)) of the statutes is renumbered 5.58 (2r) (am) and amended to read:

SB365,4,5 5.58 (2r) (am) Except as authorized in s. 5.655, there shall be a separate ballot for each recognized political party filing a certification under s. 8.12 (1), listing the names of all potential candidates of that party determined under s. 8.12 and affording, in addition, an opportunity to the voter to nominate another potential candidate by write-in vote or to vote for an uninstructed delegation to the party convention. The order of such presidential candidates on the ballot shall be determined by lot by or under the supervision of the board. Each voter shall be given the ballots of all the parties participating in the presidential preference vote, but may vote on one ballot only.

Note: Renumbers provision that is not an introductory paragraph according to current style. Replaces a disfavored term and inserts a specific reference.

SB365, s. 7 Section 7. 5.58 (2r) (a) of the statutes is renumbered 5.58 (2r) (bm).

Note: Renumbers provision to accommodate the renumbering of s. 5.58 (2r) (intro.) by this bill.

SB365, s. 8 Section 8. 5.60 (intro.) of the statutes is amended to read:

SB365,4,10 5.60 Spring election ballots. (intro.) At spring elections all of the following ballots, when necessary, shall be provided for each ward, except as authorized in s. 5.655.:

Note: Conforms introductory provision to current style.

SB365, s. 9 Section 9. 5.60 (1) (intro.) (except 5.60 (1) (title)) of the statutes is renumbered 5.60 (1) (ag) and amended to read:

SB365,4,20 5.60 (1) (ag) There shall be one separate ballot for state superintendent, judicial officers, county executive, and county supervisor, except as authorized in s. 5.655. For county supervisor, the ballot shall be prepared in accordance with ss. 5.58 (2) and 59.10 (3). Arrangement of the names of candidates for county executive, county supervisor, and municipal judge, if the judge is elected under s. 755.01 (4), shall be determined by the county clerk or the executive director of the county board of election commissioners determining ballot arrangement under s. 5.58 (1c), in the manner prescribed in par. (b).

Note: Renumbers provision that is not an introductory provision according to current style.

SB365, s. 10 Section 10. 5.60 (1) (a) of the statutes is renumbered 5.60 (1) (ar).

Note: Renumbers provision to accommodate the renumbering of s. 5.60 (1) (intro.) by this bill.

SB365, s. 11 Section 11. 5.60 (3) (intro.) (except 5.60 (3) (title)) of the statutes is renumbered 5.60 (3) (ag).

Note: Renumbers a provision that is not an introductory paragraph according to current style.

SB365, s. 12 Section 12. 5.60 (3) (a) of the statutes is renumbered 5.60 (3) (am) and amended to read:

SB365,5,7 5.60 (3) (am) No party designation shall appear on the official ballot for city offices.

Note: Renumbers provision to accommodate renumbering of s. 5.60 (3) (intro.) by this bill and inserts specific reference.

SB365, s. 13 Section 13. 5.60 (5) (intro.) (except 5.60 (5) (title)) of the statutes is renumbered 5.60 (5) (ag).

Note: Renumbers provision that is not an introductory provision according to current style.

SB365, s. 14 Section 14. 5.60 (5) (a) of the statutes is renumbered 5.60 (5) (ar).

Note: Renumbers provision to accommodate the renumbering of s. 5.60 (5) (intro.) by this bill.

SB365, s. 15 Section 15. 5.62 (4) (intro.) of the statutes is renumbered 5.62 (4) (ag).

Note: Renumbers provision that is not an introductory provision according to current style.

SB365, s. 16 Section 16. 5.62 (4) (a) of the statutes is renumbered 5.62 (4) (ar).

Note: Renumbers provision to accommodate the renumbering of s. 5.62 (4) (intro.) by this bill.

SB365, s. 17 Section 17. 5.64 (intro.) of the statutes is amended to read:

SB365,5,15 5.64 General election ballots. (intro.) At general elections all of the following ballots, when necessary, shall be provided for each ward .:

Note: Conforms introductory provision to current style.

SB365, s. 18 Section 18. 5.64 (1) (intro.) (except 5.64 (1) (title)) of the statutes is renumbered 5.64 (1) (ag) and amended to read:

SB365,6,6 5.64 (1) (ag) Except as authorized in s. 5.655, there shall be a separate ballot giving the names of all candidates for president and vice president and for statewide, congressional, legislative, and county offices in the same form as prescribed by the board under s. 7.08 (1) (a).

Note: Renumbers provision that is not an introductory provision according to current style.

SB365, s. 19 Section 19. 5.64 (1) (a) of the statutes is renumbered 5.64 (1) (ar) 1. (intro.) and amended to read:

SB365,6,10 5.64 (1) (ar) 1. (intro.) The ballot shall permit an elector to vote do any of the following:

SB365,6,13 a. Vote a straight party ticket for president and vice president, whenever those offices are contested, and for all statewide, congressional, legislative , and county offices, to vote.

SB365,6,14 b. Vote for individual candidates for each office or to vote.

SB365,6,15 c. Vote for a person whose name does not appear on the ballot for any office.

SB365,6,18 2. When voting for governor and lieutenant governor, the ballot shall permit an elector to vote only for the candidates on one ticket jointly or write in the names of persons in both spaces.

Note: Renumbers provision to accommodate renumbering of s. 5.64 (1) (intro.) and subdivides provision by placing list in tabular form.

SB365, s. 20 Section 20. 5.85 (2) of the statutes is renumbered 5.85 (2) (a) and amended to read:

SB365,7,14 5.85 (2) (a) The election officials shall examine the ballots or record of votes cast for write-in votes and shall count and tabulate the write-in votes. When an electronic voting system is used in which utilizes a ballot which is ballots are distributed to electors, before separating the remaining ballots from their respective covering envelopes, the election officials shall examine the ballots for write-in votes. When an elector has cast a write-in vote, the election officials shall compare the write-in vote with the votes on the ballot to determine whether the write-in vote results in an overvote for any office. In case of an overvote for any office, the election officials shall make a true duplicate ballot of all votes on the ballot except for the office which that is overvoted, by using an official ballot of that kind used by the elector who voted the original ballot, and one of the marking devices so as to transfer all votes of the elector except for the office overvoted, to an official ballot of that kind used in the ward at that election. Unless election officials are selected under s. 7.30 (4) (c) without regard to party affiliation, the election officials shall consist in each case of at least one election official of each of the 2 major political parties, whenever officials of both parties are present.

SB365,7,25 (b) Write-in votes shall be counted as provided in s. 7.50 (2) (d). The original ballot upon which there is an overvote shall be clearly labeled "Overvoted Ballot" and the duplicate ballot so produced under par. (a) shall be clearly labeled "Duplicate Overvoted Ballot", and each shall bear the same serial number which shall be placed thereon by the." The election officials, shall place the same serial number on each "Overvoted Ballot" and its corresponding "Duplicate Overvoted Ballot," commencing with number "1" and continuing consecutively for each of the ballots of that kind for which a "Duplicate Overvoted Ballot" is produced in that ward or election district. The election officials shall initial the "Duplicate Overvoted Ballot" ballots and shall place them in the container for return of the ballots. The "Overvoted Ballot" ballots and their envelopes shall be placed in the "Original Ballots" envelope.

SB365,8,7 (c) Ballots bearing write-in votes marked in the place designated therefor and for write-in votes, bearing the initials of an election official and, not resulting in an overvote, and otherwise complying with the election laws as to marking shall be counted, tallied, and their votes recorded on a tally sheet provided by the municipal clerk. Ballots and ballot envelopes shall be separated and all ballots except any which that are defective or overvoted shall be placed separately in the container for return of the ballots, along with the ballots marked "Duplicate Overvoted Ballots".."

Note: Divides long sentence, subdivides long provision, and inserts specific references. Commas are added and periods are moved inside of quotes in conformity with current style.

SB365, s. 21 Section 21. 6.03 (1) (a) of the statutes is amended to read:

SB365,8,12 6.03 (1) (a) Any person who is incapable of understanding the objective of the elective process or who is under guardianship pursuant to the order of a court under ch. 880, except that when a person is under limited guardianship, the court may determine that the person is competent to exercise the right to vote ;.

Note: Conforms punctuation to current style. Inserts "who is" for clarity.

SB365, s. 22 Section 22. 6.22 (1) (b) 1. of the statutes is amended to read:

SB365,8,14 6.22 (1) (b) 1. Members of a uniformed service;.

Note: Conforms punctuation to current style.

SB365, s. 23 Section 23. 6.875 (4) of the statutes is renumbered 6.875 (4) (a) and amended to read:

SB365,9,10 6.875 (4) (a) For the purpose of absentee voting in nursing homes and qualified retirement homes and qualified community-based residential facilities, the municipal clerk or board of election commissioners of each municipality in which one or more nursing homes or qualified retirement homes or qualified community-based residential facilities are located shall appoint at least 2 special voting deputies for the municipality. Upon application under s. 6.86 (1) or (2) by one or more qualified electors who are occupants of such a nursing home or qualified retirement home or qualified community-based residential facility, the municipal clerk or board of election commissioners of the municipality in which the home or facility is located shall dispatch 2 special voting deputies to visit the home or qualified community-based residential facility for the purpose of supervising absentee voting procedure by occupants of the home or qualified community-based residential facility. The 2 deputies designated to visit each nursing home or qualified retirement home and qualified community-based residential facility shall be affiliated with different political parties whenever deputies representing different parties are available.

SB365,9,21 (b) Nominations for the special voting deputy positions described in par. (a) may be submitted by the 2 recognized political parties whose candidates for governor or president received the greatest numbers of votes in the municipality at the most recent general election. The deputies shall be specially appointed to carry out the duties under this section par. (a) for the period specified in s. 7.30 (6) (a). The clerk or board of election commissioners may revoke an appointment at any time. No individual who is employed or retained, or within the 2 years preceding appointment has been employed or retained, at a nursing home or qualified retirement home or qualified community-based residential facility in the municipality, or any member of the individual's immediate family of such an individual, as defined in s. 19.42 (7), may be appointed to serve as a deputy.

Note: Subdivides long provision and inserts a specific reference.

SB365, s. 24 Section 24. 6.875 (6) of the statutes is renumbered 6.875 (6) (a) and amended to read:

SB365,10,13 6.875 (6) (a) 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, 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 home or facility.

SB365,10,19 (b) 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 for an absentee ballot 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

SB365,11,7 (c) 1. Upon their visit to the home or facility under par. (a), the deputies shall personally offer each elector who has filed a proper application for an absentee ballot the opportunity to cast his or her absentee ballot. If an elector is present who has not filed a proper application for an absentee ballot, 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 each witness the certification and may, upon request of the elector, assist the elector in marking the elector's ballot. All voting shall be conducted in the presence of the deputies. Upon request of the elector, a relative of the elector who is present in the room may assist the elector in marking the elector's ballot. All voting shall be conducted in the presence of the deputies. No individual other than a deputy may witness the certification and no individual other than a deputy or relative of an elector may render voting assistance to the elector.

SB365,11,14 (d) 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.

SB365,11,18 (e) If a qualified elector is not able to cast his or her ballot on 2 separate visits by the deputies to the home or facility, they the deputies 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.

Note: Subdivides long provision, inserts specific references, and reorders text. See also the next section of this bill.

SB365, s. 25 Section 25. 6.875 (6) (c) 2. of the statutes is created to read:

SB365,12,2 6.875 (6) (c) 2. Upon the request of a relative of an occupant of a nursing home or qualified retirement home or qualified community-based residential facility, the administrator of the home or facility 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.

Note: Moves text within s. 6.875 (6) for more logical placement. See also the previous section of this bill.

SB365, s. 26 Section 26. 7.25 (6) (c) of the statutes is amended to read:

SB365,12,8 7.25 (6) (c) After the inspection under par. (b), on the blanks forms furnished, they the election officials shall certify the condition of each voting machine and its counters. Each form shall be signed by each election official. After the election, one copy of each machine's certification shall be delivered with each copy of the election returns.

Note: Replaces disfavored term and inserts specific reference.

SB365, s. 27 Section 27. 7.30 (4) (b) (intro.) of the statutes is amended to read: