AB904,6,1610 5.06 (4) The board may, on its own motion, investigate and determine whether
11any election official, with respect to any matter concerning nominations,
12qualifications of candidates, voting qualifications, including residence, ward
13division and numbering, recall, ballot preparation, election administration or
14conduct of elections, has failed to comply with the law or any applicable requirement
15of the election manual published under s. 7.08 (3)
or abused the discretion vested in
16him or her by law or proposes to do so.
AB904, s. 5 17Section 5. 5.06 (5) of the statutes is amended to read:
AB904,6,2418 5.06 (5) Upon receipt of a complaint under sub. (1), or upon its own motion, the
19board may order any election official to immediately transfer to its possession any
20original documents in the custody of the official which the board finds to be necessary
21and relevant to permit review of compliance with the laws and the applicable
22requirements of the election manual published under s. 7.08 (3)
concerning
23nominations, qualifications of candidates, ward division and numbering, recall or
24ballot preparation or the proper administration of such laws.
AB904, s. 6 25Section 6. 5.06 (6) of the statutes is amended to read:
AB904,7,9
15.06 (6) The board may, after such investigation as it deems appropriate,
2summarily decide the matter before it and, by order, require any election official to
3conform his or her conduct to the law and applicable requirements of the election
4manual published under s. 7.08 (3)
, restrain an official from taking any action
5inconsistent with the law or the applicable requirements of the manual or require
6an official to correct any action or decision inconsistent with the law or an applicable
7requirement of the manual
. The board shall immediately transmit a copy of the order
8to the official. An order issued under this subsection is effective immediately or at
9such later time as may be specified in the order.
AB904, s. 7 10Section 7. 6.22 (6) of the statutes is amended to read:
AB904,7,2311 6.22 (6) Military elector list. Each municipal clerk shall keep an up-to-date
12list of all eligible military electors who reside in the municipality; city clerks shall
13keep the lists by wards. The list shall contain the name, latest-known military
14residence and military mailing address of each military elector. The list shall
15indicate whether each elector whose name appears on the list is a military elector,
16as defined in s. 6.36 (2) (c) 6.34 (1) (a), and whether the military elector qualifies
17under s. 6.34 (1) (a) 1., 2., or 3.
, and has so certified under s. 6.865 (3m). All persons
18over 18 years of age or who will be 18 years old prior to an election shall be listed and
19remain on the list for the duration of their tour of duty. The list shall be kept current
20through all possible means. Each clerk shall exercise reasonable care to avoid
21duplication of names or listing anyone who is not eligible to vote. Each clerk shall
22distribute 2 copies of the list to the appropriate ward in the municipality for use on
23election day.
AB904, s. 8 24Section 8. 6.221 (2) of the statutes is amended to read:
AB904,8,5
16.221 (2) Each certificate envelope that is mailed or transmitted to a military
2elector under this section shall be clearly labeled as "Cast by a military elector under
3s. 6.221, Wis. Stats., and may be eligible to be counted after election day". The
4certificate envelope shall also indicate whether the military elector qualifies under
5s. 6.34 (1) (a) 1., 2., or 3.
AB904, s. 9 6Section 9. 6.275 (3) of the statutes is created to read:
AB904,8,147 6.275 (3) Within 30 days after each primary and other election, including any
8special election, that is held in a municipality in which ballots are distributed to
9electors, the municipal clerk or board of election commissioners shall make a written
10statement to the board specifying the number of ballots delivered to the clerk or
11board of election commissioners, the number of substitute ballots printed by the clerk
12or board of election commissioners, if any, the number of ballots cast, the number of
13ballots spoiled, and the number of unused ballots returned to the clerk or board of
14election commissioners.
AB904, s. 10 15Section 10. 6.34 (1) (a) of the statutes is renumbered 6.34 (1) (a) (intro.) and
16amended to read:
AB904,8,1717 6.34 (1) (a) (intro.) "Military elector" means a any of the following:
AB904,8,19 181. A member of a uniformed service on active duty who, by reason of that duty,
19is absent from the residence where the member is otherwise qualified to vote; a.
AB904,8,22 202. A member of the merchant marine, as defined in s. 6.22 (1) (a), who by reason
21of service in the merchant marine, is absent from the residence where the member
22is otherwise qualified to vote; or the.
AB904,8,25 233. The spouse or dependent of any such member who, by reason of the duty or
24service of the member, is absent from the residence where the spouse or dependent
25is otherwise qualified to vote.
AB904, s. 11
1Section 11. 6.36 (1) (a) of the statutes is amended to read:
AB904,9,182 6.36 (1) (a) The board shall compile and maintain electronically an official
3registration list. The list shall contain the name and address of each registered
4elector in the state, the date of birth of the elector, the ward and aldermanic district
5of the elector, if any, and, for each elector, a unique registration identification number
6assigned by the board, the number of a valid operator's license issued to the elector
7under ch. 343, if any, or the last 4 digits of the elector's social security account
8number, if any, any identification serial number issued to the elector under s. 6.47
9(3), the date of any election in which the elector votes, an indication of whether the
10elector is a military elector, as defined in sub. (2) (c) s. 6.34 (1) (a), who has so certified
11under s. 6.865 (3m), and whether the elector qualifies as such under s. 6.34 (1) (a) 1.,
122., or 3.,
an indication of whether the elector is an overseas elector, as defined in s.
136.24 (1), any information relating to the elector that appears on the current list
14transmitted to the board by the department of corrections under s. 301.03 (20) 301.03
15(20m)
, an indication of any accommodation required under s. 5.25 (4) (a) to permit
16voting by the elector, an indication of the method by which the elector's registration
17form was received, and such other information as may be determined by the board
18to facilitate administration of elector registration requirements.
AB904, s. 12 19Section 12. 6.79 (2) (f) of the statutes is created to read:
AB904,9,2420 6.79 (2) (f) Upon providing an elector with a slip under par. (e), 2 inspectors
21shall place their initials on a blank ballot designated for the ward or election district
22where the elector resides and one of them shall give the ballot to the elector. No
23inspector may place his or her initials on a ballot prior to the time that the ballot is
24given to the elector who casts the ballot.
AB904, s. 13 25Section 13. 6.82 (2) (a) of the statutes is amended to read:
AB904,10,13
16.82 (2) (a) If an elector declares to the presiding election official that he or she
2cannot read or write, or has difficulty in reading, writing or understanding English
3or that due to disability is unable to mark a ballot or depress a button or lever on a
4voting machine, the elector shall be informed by the officials that he or she may have
5assistance. When assistance is requested, the elector may select any individual
6other than a municipal clerk or deputy clerk to assist in casting his or her vote. The
7selected individual rendering assistance may not be the elector's employer or an
8agent of that employer or an officer or agent of a labor organization which represents
9the elector. The selected individual shall not advise the elector to vote for or against
10any candidate. For purposes of this paragraph, advice includes any gesture or other
11visual or verbal indication of a preferred candidate.
The selected individual shall
12certify on the back of the ballot that it was marked with his or her assistance. Where
13voting machines are used, certification shall be made on the registration list.
AB904, s. 14 14Section 14. 6.865 (3m) (a) of the statutes is amended to read:
AB904,11,215 6.865 (3m) (a) Except as provided in par. (c), if any elector who certifies that
16he or she will be a military elector on election day requests an absentee ballot, the
17municipal clerk shall send or transmit to the elector an absentee ballot for all
18elections that occur in the municipality or portion thereof where the elector resides
19beginning on the date that the clerk receives the request and ending on the day after
20the 3rd successive general election that follows receipt of the request, unless the
21elector otherwise requests. In addition, the municipal clerk shall continue to send
22or transmit to the elector an absentee ballot for all elections ending on the day after
23the 3rd successive general election that follows any election at which the elector
24returns an absentee ballot under this section or renews his or her request under par.

1(c). A military elector who makes a certification under this paragraph shall indicate
2whether the elector qualifies as a military elector under s. 6.34 (1) (a) 1., 2., or 3.
AB904, s. 15 3Section 15. 6.87 (5) of the statutes is amended to read:
AB904,11,134 6.87 (5) If the absent elector declares that he or she is unable to read, has
5difficulty in reading, writing or understanding English or due to disability is unable
6to mark his or her ballot, the elector may select any individual, except a municipal
7clerk or a deputy clerk,
the elector's employer or an agent of that employer, or an
8officer or agent of a labor organization which represents the elector, to assist in
9marking the ballot, and the assistant shall then sign his or her name to a certification
10on the back of the ballot, as provided under s. 5.55. The selected individual shall not
11advise the absent elector to vote for or against any candidate. For purposes of this
12subsection, advice includes any gesture or other visual or verbal indication of a
13preferred candidate.
AB904, s. 16 14Section 16. 6.875 (4) (b) of the statutes is amended to read:
AB904,12,515 6.875 (4) (b) Nominations for the special voting deputy positions described in
16par. (a) may be submitted by the 2 recognized political parties whose candidates for
17governor or president received the greatest numbers of votes in the municipality at
18the most recent general election. The deputies shall be specially appointed to carry
19out the duties under par. (a) for the period specified in s. 7.30 (6) (a). The clerk or
20board of election commissioners may revoke an appointment at any time. No
21individual who is employed or retained, or within the 2 years preceding appointment
22has been employed or retained, at a nursing home or qualified retirement home or
23qualified community-based residential facility in the municipality, or any member
24of the individual's immediate family, as defined in s. 19.42 (7), may be appointed to
25serve as a deputy. No individual who has assisted with the campaign of any candidate

1at an election may serve as a special voting deputy under this section at the election
2at which that candidate's name appears on the ballot. The clerk or board of election
3commissioners shall appoint an election inspector of the municipality to serve in
4place of any individual who is precluded from serving under this paragraph at a
5particular election.
AB904, s. 17 6Section 17. 6.875 (6) (c) 1. of the statutes is amended to read:
AB904,12,217 6.875 (6) (c) 1. Upon their visit to the home or facility under par. (a), the
8deputies shall personally offer each elector who has filed a proper application for an
9absentee ballot the opportunity to cast his or her absentee ballot. If an elector is
10present who has not filed a proper application for an absentee ballot, the 2 deputies
11may accept an application from the elector and shall issue a ballot to the elector if
12the elector is qualified and the application is proper. The deputies shall each witness
13the certification and may, upon request of the elector, assist the elector in marking
14the elector's ballot. All voting shall be conducted in the presence of the deputies.
15Neither of the deputies may advise the elector to vote for or against any candidate.
16For purposes of this subdivision, advice includes any gesture or other visual or verbal
17indication of a preferred candidate.
Upon request of the elector, a relative of the
18elector who is present in the room may assist the elector in marking the elector's
19ballot. No individual other than a deputy may witness the certification and no
20individual other than a deputy or relative of an elector may render voting assistance
21to the elector.
AB904, s. 18 22Section 18. 6.88 (3) (a) of the statutes is amended to read:
AB904,13,2023 6.88 (3) (a) Except in municipalities where absentee ballots are canvassed
24under s. 7.52, at any time between the opening and closing of the polls on election day,
25the inspectors shall, in the same room where votes are being cast, in such a manner

1that members of the public can hear and see the procedures, open the carrier
2envelope only, and announce the name of the absent elector or the identification
3serial number of the absent elector if the elector has a confidential listing under s.
46.47 (2). When the inspectors find that the certification has been properly executed,
5the applicant is a qualified elector of the ward or election district, and the applicant
6has not voted in the election, they shall enter an indication on the poll list next to the
7applicant's name indicating an absentee ballot is cast by the elector. They shall then
8open the envelope containing the ballot in a manner so as not to deface or destroy the
9certification thereon. The inspectors shall take out the ballot without unfolding it
10or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95,
11the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If
12the certificate envelope indicates that the ballot is cast by a military elector, as
13defined in s. 6.34 (1) (a) 1. or 2., the inspectors shall write on the back of the ballot
14"Military elector s. 6.34 (1) (a) 1. or 2., stats.".
If the poll list indicates that proof of
15residence under s. 6.34 is required and no proof of residence is enclosed or the name
16or address on the document that is provided is not the same as the name and address
17shown on the poll list, the inspectors shall proceed as provided under s. 6.97 (2). The
18inspectors shall then deposit the ballot into the proper ballot box and enter the
19absent elector's name or voting number after his or her name on the poll list in the
20same manner as if the elector had been present and voted in person.
AB904, s. 19 21Section 19. 6.88 (3) (b) of the statutes is amended to read:
AB904,14,1222 6.88 (3) (b) When the inspectors find that a certification is insufficient, that the
23applicant is not a qualified elector in the ward or election district, that the ballot
24envelope is open or unsealed or has been opened and resealed, that the ballot
25envelope contains more than one ballot of any one kind or, except in municipalities

1where absentee ballots are canvassed under s. 7.52, that the certificate of an elector
2who received an absentee ballot by facsimile transmission or electronic mail is
3missing, or if proof is submitted to the inspectors that an elector voting an absentee
4ballot has since died, the inspectors shall not count the ballot. The inspectors shall
5endorse every ballot not counted on the back, "rejected (giving the reason)". The
6inspectors shall reinsert each rejected ballot into the certificate envelope in which
7it was delivered and enclose the certificate envelopes and ballots, and securely seal
8the ballots and envelopes in an envelope marked for rejected absentee ballots. The
9inspectors shall endorse the envelope, "rejected ballots" with a statement of the ward
10or election district and date of the election, signed by the chief inspector and one of
11the inspectors representing each of the 2 major political parties and returned to the
12municipal clerk in the same manner as official ballots voted at the election.
AB904, s. 20 13Section 20. 7.08 (3) (intro.) of the statutes is amended to read:
AB904,14,1914 7.08 (3) Election manual. (intro.) Prepare and publish separate from the
15election laws an election manual written so as to be easily understood by the general
16public explaining the duties of the election officials, together with notes and
17references to the statutes as the board considers advisable. The election manual
18shall be consistent with all laws and valid rules of the board and does not apply to
19the extent of any inconsistency.
The election manual shall:
AB904, s. 21 20Section 21. 7.15 (5) of the statutes is amended to read:
AB904,15,621 7.15 (5) Record of ballots received. Each municipal clerk shall keep a record
22of when and in what condition the packages containing the ballots were received
23from the county clerk. The municipal clerk shall count and record the number of
24ballots delivered from the county clerk or, if the municipality prepares its own
25ballots, from the ballot supplier for each election. The municipal clerk shall secure

1access to all unused ballots.
The municipal clerk shall deliver to the proper officials
2the unopened packages of ballots the day before the election. The municipal clerk
3shall keep a record of the number of ballots used as absentee ballots, the number of
4ballots delivered to each polling place before each election, and the number of voted,
5spoiled, and unused ballots returned to the clerk from each polling place after each
6election.
AB904, s. 22 7Section 22. 7.15 (6) (a) of the statutes is amended to read:
AB904,15,218 7.15 (6) (a) The municipal clerk shall provide substitute paper ballots in
9substantially the form of the original ballots whenever the necessary original ballots
10are not delivered to the municipality, are destroyed, are lost or stolen after delivery,
11are not ready for distribution or the supply is exhausted during polling hours. The
12municipal clerk may also provide substitute paper ballots, together with ballot boxes
13and voting booths, whenever a voting machine or electronic voting system is
14rendered inoperable by a malfunction which occurs within 24 hours of the time set
15for opening of the polls. No substitute ballot may carry the initials of the municipal
16clerk or an election inspector prior to the time that the ballot is voted.
Paper ballots
17may be cast only in accordance with the procedures prescribed in ss. 6.80 (2) and 7.37
18(4). The municipal clerk shall keep a record of the number of substitute ballots
19provided to each polling place before or during each election and the number of voted,
20spoiled, and unused substitute ballots that are returned to the clerk from each
21polling place after each election.
AB904, s. 23 22Section 23. 7.30 (2) (d) of the statutes is created to read:
AB904,16,923 7.30 (2) (d) No individual who serves as a chief inspector, an inspector, or a
24special registration deputy appointed under s. 6.55 (6) may serve at any election if
25the individual is found under s. 5.06 or in any judicial action or proceeding to have

1violated the election laws or any applicable requirement contained in the election
2manual published under s. 7.08 (3) or is restrained from violating the laws or manual
3until the municipal clerk of the municipality where the individual serves certifies
4that the individual has successfully completed a training program under s. 7.31 or
57.315. No individual may serve in any such position at any election of a complaint
6against the individual under s. 5.06 is pending before the board or an appeal of the
7decision of the board relating to the individual is pending before a court on the day
8of the election. The position of the individual shall be filled as a temporary vacancy
9under par. (b) until the individual's disqualification is removed.
AB904, s. 24 10Section 24. 7.51 (2) (b) of the statutes is amended to read:
AB904,16,1911 7.51 (2) (b) When during the counting of the ballots cast at an election a
12majority of the inspectors find that a ballot is so defective that they cannot determine
13with reasonable certainty for whom it was cast, they shall so mark the ballot and
14preserve it. The board of canvassers shall not count the vote cast on the the ballot
15for any office for which they determine the ballot to be defective. Notwithstanding
16s. 5.01 (1), the inspectors shall not count any absentee ballot that does not bear the
17initials of the municipal clerk or a deputy clerk. The inspectors shall mark, lay aside,
18and carefully preserve any absentee ballot not bearing the initials of the municipal
19clerk or a deputy clerk.
AB904, s. 25 20Section 25. 7.51 (2) (c) of the statutes is amended to read:
AB904,17,1021 7.51 (2) (c) Whenever the number of ballots remaining after ballots are laid
22aside under par. (b)
exceeds the number of voting electors as indicated on the poll list,
23the inspectors shall place all ballots face up to check for blank ballots. In this
24paragraph, "blank ballot" means a ballot on which no votes are cast for any office or
25question. The inspectors shall mark, lay aside and preserve any blank ballots. The

1inspectors shall then temporarily separate the absentee ballots marked "Military
2elector s. 6.34 (1) (a) 1. or 2., stats." from the other ballots.
Except in municipalities
3where absentee ballots are canvassed under s. 7.52, if the number of remaining
4ballots still exceeds the total number of voting electors reduced by the number of
5ballots separated under this paragraph
, the inspectors shall place all ballots face
6down and
then proceed to check for the initials. The inspectors shall mark, lay aside
7and preserve any ballot not bearing the initials of 2 inspectors or any absentee ballot
8not bearing the initials of the municipal clerk. During
. Except as provided in par.
9(b), during
the count the inspectors shall count those ballots cast by challenged
10electors the same as the other ballots.
AB904, s. 26 11Section 26. 7.51 (2) (d) of the statutes is amended to read:
AB904,17,1712 7.51 (2) (d) The inspectors shall keep a written statement, in duplicate, of the
13number of ballots set aside, the number of ballots separated as military elector
14ballots,
and the number of defective ballots and challenged ballots. The statement
15shall contain a record of the reasons for setting aside each ballot and the reasons why
16each defective or challenged ballot is defective or challenged. The inspectors shall
17certify that the statement is correct, sign it, and attach it to the tally sheets.
AB904, s. 27 18Section 27. 7.51 (2) (e) of the statutes is amended to read:
AB904,18,1419 7.51 (2) (e) Except in municipalities where absentee ballots are canvassed
20under s. 7.52, if after any ballots have been laid aside, the number of remaining
21ballots still exceeds the total number of electors recorded on the poll list reduced by
22the number of ballots separated under par. (c)
, the inspectors shall separate the
23absentee ballots that were not laid aside or separated under par. (b) or (c) from the
24other ballots. If there is an excess number of those absentee ballots, the inspectors
25shall place the absentee ballots in the ballot box and one of the inspectors shall

1publicly and without examination draw therefrom by chance the number of ballots
2equal to the excess number of absentee ballots. If there is an excess number of
3nonabsentee ballots, the inspectors shall place those ballots in the ballot box and one
4of the inspectors shall publicly and without examination draw therefrom by chance
5the number of ballots equal to the excess number of those ballots. All ballots so
6removed may not be counted but shall be specially marked as having been removed
7by the inspectors on original canvass due to an excess number of ballots, set aside
8and preserved. When the number of ballots and total shown on the poll list agree,
9the inspectors shall return all ballots to be counted, including the ballots of military
10electors that were separated under par. (c),
to the ballot box and shall turn the ballot
11box in such manner as to thoroughly mix the ballots. The inspectors shall then open,
12count and record the number of votes. When the ballots are counted, the inspectors
13shall separate them into piles for ballots similarly voted. Objections may be made
14to placement of ballots in the piles at the time the separation is made.
AB904, s. 28 15Section 28. 7.51 (5) (b) of the statutes is amended to read:
AB904,19,316 7.51 (5) (b) The municipal clerk shall deliver all ballots, statements, tally
17sheets, lists, and envelopes relating to a school district election to the school district
18clerk by 4 p.m. on the day following each such election. The municipal clerk or a
19deputy clerk under direction of the municipal clerk
shall personally deliver the
20ballots, statements, tally sheets, lists, and envelopes for his or her municipality
21relating to any county, technical college district, state, or national election to the
22county clerk no later than 4 p.m. on the day following each such election or, in
23municipalities where absentee ballots are canvassed under s. 7.52, by 4. p.m. on the
242nd day following each such election, and no later than 4 p.m. on the day after
25receiving any corrected returns under s. 6.221 (6) (b). The person delivering the

1returns shall be paid out of the municipal treasury.
Each county clerk shall retain
2ballots, statements, tally sheets, or envelopes received by the clerk until destruction
3is authorized under s. 7.23 (1).
AB904, s. 29 4Section 29. 7.52 (3) (a) of the statutes is amended to read:
AB904,20,35 7.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier
6envelope only, and, in such a manner that a member of the public, if he or she desired,
7could hear, announce the name of the absent elector or the identification serial
8number of the absent elector if the elector has a confidential listing under s. 6.47 (2).
9When the board of absentee ballot canvassers finds that the certification has been
10properly executed and the applicant is a qualified elector of the ward or election
11district, the board of absentee ballot canvassers shall enter an indication on the poll
12list next to the applicant's name indicating an absentee ballot is cast by the elector.
13The board of absentee ballot canvassers shall then open the envelope containing the
14ballot in a manner so as not to deface or destroy the certification thereon. The board
15of absentee ballot canvassers shall take out the ballot without unfolding it or
16permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the
17board of absentee ballot canvassers shall verify that the ballot has been endorsed by
18the issuing clerk. If the certificate envelope indicates that the ballot is cast by a
19military elector, as defined in s. 6.34 (1) (a) 1. or 2., the board of absentee ballot
20canvassers shall write on the back of the ballot "Military elector s. 6.34 (1) (a) 1. or
212., stats.".
If the poll list indicates that proof of residence is required and no proof
22of residence is enclosed or the name or address on the document that is provided is
23not the same as the name and address shown on the poll list, the board of absentee
24ballot canvassers shall proceed as provided under s. 6.97 (2). The board of absentee
25ballot canvassers shall mark the poll list number of each elector who casts an

1absentee ballot on the back of the elector's ballot. The board of absentee ballot
2canvassers shall then deposit the ballot into the proper ballot box and enter the
3absent elector's name or poll list number after his or her name on the poll list.
AB904, s. 30 4Section 30. 7.52 (3) (b) of the statutes is amended to read:
AB904,20,225 7.52 (3) (b) When the board of absentee ballot canvassers finds that a
6certification is insufficient, that the applicant is not a qualified elector in the ward
7or election district, that the ballot envelope is open or unsealed or has been opened
8and resealed, that the ballot envelope contains more than one ballot of any one kind,
9or that the certificate of an elector who received an absentee ballot by facsimile
10transmission or electronic mail is missing, or if proof is submitted to the board of
11absentee ballot canvassers that an elector voting an absentee ballot has since died,
12the board of absentee ballot canvassers shall not count the ballot. Each member of
13the board of absentee ballot canvassers shall endorse every ballot not counted on the
14back as "rejected (giving the reason)." The board of absentee ballot canvassers shall
15reinsert each rejected ballot into the certificate envelope in which it was delivered
16and enclose the certificate envelopes and ballots, and securely seal the ballots and
17envelopes in an envelope marked for rejected absentee ballots. The board of absentee
18ballot canvassers shall endorse the envelope as "rejected ballots," with a statement
19of the ward or election district and date of the election, and each member of the board
20of absentee ballot canvassers shall sign the statement. The board of absentee ballot
21canvassers shall then return the envelope containing the ballots to the municipal
22clerk.
AB904, s. 31 23Section 31. 7.52 (4) (b) of the statutes is amended to read:
AB904,21,824 7.52 (4) (b) When during the counting of the ballots cast at an election the board
25of absentee ballot canvassers finds that a ballot is so defective that it cannot

1determine with reasonable certainty for whom it was cast, the board of absentee
2ballot canvassers shall so mark the ballot and preserve it. The board of absentee
3ballot canvassers shall not count the vote cast on the ballot for any office for which
4it determines the ballot to be defective. Notwithstanding s. 5.01 (1), the board of
5absentee ballot canvassers shall not count any absentee ballot that does not bear the
6initials of the municipal clerk or a deputy clerk. The board of absentee ballot
7canvassers shall mark, lay aside, and carefully preserve any absentee ballot not
8bearing the initials of the municipal clerk or a deputy clerk.
AB904, s. 32 9Section 32. 7.52 (4) (c) of the statutes is amended to read:
AB904,21,2210 7.52 (4) (c) Whenever the number of ballots exceeds the number of voting
11electors as indicated on the poll list, the board of absentee ballot canvassers shall
12place all ballots face up to check for blank ballots. In this paragraph, "blank ballot"
13means a ballot on which no votes are cast for any office or question. The board of
14absentee ballot canvassers shall mark, lay aside, and preserve any blank ballots. If
15the number of ballots still exceeds the number of voting electors, the board of
16absentee ballot canvassers shall place all ballots face down and proceed to check for
17the initials. The board of absentee ballot canvassers shall mark, lay aside, and
18preserve any ballot not bearing the initials of the municipal clerk. During
The board
19of absentee ballot canvassers shall then temporarily separate the absentee ballots
20marked "Military elector s. 6.34 (1) (a) 1. or 2., stats." from the other ballots. Except
21as provided in par. (b), during
the count, the board of absentee ballot canvassers shall
22count those ballots cast by challenged electors the same as the other ballots.
AB904, s. 33 23Section 33. 7.52 (4) (d) of the statutes is amended to read:
AB904,22,524 7.52 (4) (d) The board of absentee ballot canvassers shall keep a written
25statement, in duplicate, of the number of ballots set aside, the number of ballots

1separated as military elector ballots,
and the number of defective ballots and
2challenged ballots. The statement shall contain a record of the reasons for setting
3aside each ballot and the reasons why each defective or challenged ballot is defective
4or challenged. The board of absentee ballot canvassers shall certify that the
5statement is correct, sign it, and attach it to the tally sheets.
AB904, s. 34 6Section 34. 7.52 (4) (e) of the statutes is amended to read:
AB904,22,237 7.52 (4) (e) If, after any ballots have been set aside, the number of remaining
8ballots still exceeds the total number of electors recorded on the poll list reduced by
9the number of ballots separated under par. (c)
, the board of absentee ballot
10canvassers shall place the absentee ballots that were not laid aside or separated
11under par. (b) or (c)
in the ballot box and one of the members shall publicly and
12without examination draw therefrom by chance the number of ballots equal to the
13excess number of ballots. All ballots so removed shall not be counted but shall be
14specially marked as having been removed by the board of absentee ballot canvassers
15on original canvass due to an excess number of ballots, set aside, and preserved.
16When the number of ballots and total shown on the poll list agree, the board of
17absentee ballot canvassers shall return all ballots to be counted, including the ballots
18of military electors that were separated under par. (c),
to the ballot box and shall turn
19the ballot box in such manner as to thoroughly mix the ballots. The board of absentee
20ballot canvassers shall then open, count, and record the number of votes. When the
21ballots are counted, the board of absentee ballot canvassers shall separate them into
22piles for ballots similarly voted. Objections may be made to placement of ballots in
23the piles at the time the separation is made.
AB904, s. 35 24Section 35. 7.60 (1) of the statutes is amended to read:
AB904,23,5
17.60 (1) Keep office open. On election night the county clerk shall keep the
2clerk's office open to receive reports from the ward inspectors and shall post all
3returns. On the day after election day, the county clerk shall keep the clerk's office
4open until the clerk has received all ballots, statements, tally sheets, lists, and
5envelopes from each municipal clerk.
AB904, s. 36 6Section 36. 9.01 (1) (at) of the statutes is created to read:
AB904,23,157 9.01 (1) (at) 1. The municipal clerk shall assist the municipal board of
8canvassers in conducting any recount that is conducted by the board of canvassers,
9except that if the municipal clerk is found under s. 5.06 or in any judicial action or
10proceeding to have violated the election laws or any applicable requirement
11contained in the election manual published under s. 7.08 (3) or is restrained from
12violating the laws or manual, the municipal clerk shall not participate in assisting
13the board of canvassers. The appointing authority shall designate the municipal
14clerk of another municipality to serve in lieu of the municipal clerk who is not
15participating.
AB904,24,216 2. No individual who serves as a chief inspector, an inspector, or a special
17registration deputy appointed under s. 6.55 (6) may participate in conducting a
18recount if the individual is found under s. 5.06 or in any judicial action or proceeding
19to have violated the election laws or any applicable requirement contained in the
20election manual published under s. 7.08 (3) or is restrained from violating the laws
21or manual until the municipal clerk of the municipality where the individual serves
22certifies that the individual has successfully completed a training program under s.
237.31 or 7.315. No such individual may participate in conducting a recount if a
24complaint against the individual under s. 5.06 is pending before the board or an

1appeal of the decision of the board relating to the individual is pending before a court
2on the day of the election.
AB904, s. 37 3Section 37. 9.01 (1) (b) (intro.) of the statutes is amended to read:
AB904,24,144 9.01 (1) (b) (intro.) The proper board of canvassers shall reconvene no earlier
5than 9 a.m. on the day following delivery of notice to all candidates under sub. (2) and
6no later than 9 a.m. on the day following the last day for filing of a petition, or if the
7original canvass is subject to correction under s. 6.221 (6) (b), immediately after
8issuance of the amended statement and determination in the original canvass,
9whichever is later. The board of canvassers shall then proceed to recount the ballots
10in the wards or municipalities specified and to review the allegations of fact
11contained in the petition or petitions. Each step performed by the board of
12canvassers shall be consistent with applicable law and applicable requirements of
13the election manual published under s. 7.08 (3).
The recount shall proceed for each
14ward or municipality as follows:
AB904, s. 38 15Section 38. 9.01 (1) (b) 2. of the statutes is amended to read:
AB904,24,2316 9.01 (1) (b) 2. The board of canvassers shall then examine the absentee ballot
17envelopes. Any defective absentee ballot envelopes shall be laid aside, properly
18marked and carefully preserved. The number of voters shall be reduced by the
19number of ballot envelopes set aside under this subdivision. An absentee ballot
20envelope is defective only if it is not witnessed or, if it is not signed by the voter, if the
21envelope was open or unsealed when it was originally received by the inspectors,
or
22if the certificate accompanying an absentee ballot that the voter received by facsimile
23transmission or electronic mail is missing.
AB904, s. 39 24Section 39. 9.01 (1) (b) 4. a. and b. of the statutes are amended to read:
AB904,25,5
19.01 (1) (b) 4. a. When the container or bag has been checked, it shall be opened
2and the contents removed. The board of canvassers shall, without examination other
3than what is necessary to determine that each is a single ballot, count the number
4of ballots in the container or bag, excluding ballots removed under s. 7.51 (2) (b) and
5(e).
AB904,25,186 b. The board of canvassers shall then, for each opened absentee ballot envelope
7that was laid aside as defective under subd. 2., without inspection, randomly draw
8one absentee ballot that was not laid aside under s. 7.51 (2) (b) from the container
9or bag. In differentiating absentee ballots from other ballots, the board of canvassers
10shall presume that a ballot initialed only by the municipal clerk, the executive
11director of the board of election commissioners, or a deputy clerk or secretary is an
12absentee ballot. If there are more defective absentee ballot envelopes than there are
13probable absentee ballots, all of the probable absentee ballots that were not laid aside
14under s. 7.51 (2) (b)
shall be removed from the container or bag. Additional ballots
15shall be removed only if the number of remaining ballots still exceeds the number of
16voting electors recorded under subd. 1., reduced by the number of defective envelopes
17set aside under subd. 2. All ballots removed shall not be counted, but shall be marked
18as to the reason for their removal, set aside and carefully preserved.
AB904, s. 40 19Section 40. 9.01 (1) (b) 4. c. of the statutes is amended to read:
AB904,25,2520 9.01 (1) (b) 4. c. If, after completing the steps set forth in subd. 4. b., the number
21of ballots still exceeds the number of voters, the board of canvassers shall place all
22ballots face up to check for blank ballots. Any blank ballots shall be so marked, set
23aside and carefully preserved. The board of canvassers shall then temporarily
24separate the absentee ballots marked "Military elector s. 6.34 (1) (a) 1. or 2., stats."
25from the other ballots.
AB904, s. 41
1Section 41. 9.01 (1) (b) 4. d. of the statutes is amended to read:
AB904,26,122 9.01 (1) (b) 4. d. If, after completing the steps set forth in subd. 4. c., the number
3of remaining ballots still exceeds the total number of voters reduced by the number
4of defective envelopes set aside under subd. 2. and by the number of ballots
5temporarily separated under subd. 4. c.
, the board of canvassers shall place all
6ballots face down to
then check the initials. Any ballot not properly initialed by 2
7inspectors or any absentee ballot not properly initialed by the municipal clerk, the
8executive director of the board of election commissioners, or a deputy clerk or
9secretary shall be temporarily set aside and the board of canvassers shall, without
10inspection, randomly draw from these ballots as many as are necessary to reduce the
11number of ballots to equal the number of voters. Any ballots removed for lack of
12initials shall not be counted but shall be marked, set aside and carefully preserved.
AB904, s. 42 13Section 42. 9.01 (1) (b) 4. e. of the statutes is amended to read:
AB904,26,2214 9.01 (1) (b) 4. e. If, after completing the steps set forth in subd. 4. d., the number
15of remaining ballots still exceeds the number of voters reduced by the number of
16defective envelopes set aside under subd. 2. and by the number of ballots temporarily
17separated under subd. 4. c.
, the remaining ballots shall be returned to the container
18or bag and the board of canvassers shall draw a number of ballots equal to the excess
19number of ballots by chance and without inspection from the container or bag. These
20ballots shall not be counted but shall be marked as having been removed by the
21canvassers on recount due to an excess number of ballots, set aside and carefully
22preserved.
AB904, s. 43 23Section 43. 9.01 (1) (b) 5. of the statutes is amended to read:
AB904,27,324 9.01 (1) (b) 5. When the number of ballots and voters agree, or after noting that
25the number of voters exceeds the number of ballots, the board of canvassers shall

1return all ballots to be counted, including the ballots of military electors that were
2separated under subd. 4. c.,
to the ballot box and shall turn the ballot box in such
3manner as to thoroughly mix the ballots. The recount shall then begin.
AB904, s. 44 4Section 44. 9.01 (5) (a) of the statutes is amended to read:
AB904,27,245 9.01 (5) (a) The board of canvassers or the chairperson of the board or the
6chairperson's designee shall keep complete minutes of all proceedings before the
7board of canvassers or the chairperson or designee. The minutes shall include a
8description of each step in the recount process that is performed by the board of
9canvassers or the chairperson or designee and the findings of the board of canvassers
10or the chairperson or designee with respect to that step, if any.
The minutes shall
11include a record of objections and offers of evidence. If the board of canvassers or the
12chairperson or chairperson's designee receives exhibits from any party, the board of
13canvassers or the chairperson or designee shall number and preserve the exhibits.
14The board of canvassers or the chairperson or chairperson's designee shall make
15specific findings of fact with respect to any irregularity raised in the petition or
16discovered during the recount. Any member of the board of canvassers or the
17chairperson or chairperson's designee may receive testimony, administer oaths,
18certify official acts and issue subpoenas for purposes of this section. The board of
19canvassers or the chairperson of the board or the chairperson's designee may
20question an elector concerning the process of voting or assistance provided to the
21elector, but shall not question an elector as to which candidates or questions the
22elector voted for or against.
Witness fees shall be paid by the county. In the case of
23proceedings before the chairperson of the board or chairperson's designee, witness
24fees shall be paid by the board.
AB904, s. 45 25Section 45. 10.02 (3) (g) of the statutes is amended to read:
AB904,28,7
110.02 (3) (g) An elector may select an individual to assist in casting his or her
2vote if the elector declares to the presiding official that he or she is unable to read,
3has difficulty reading, writing or understanding English or that due to disability is
4unable to cast his or her ballot. The selected individual rendering assistance may
5not be a municipal clerk or a deputy clerk, the elector's employer or an agent of that
6employer, or an officer or agent of a labor organization which represents the elector
7and shall not advise the elector to vote for or against any candidate.
AB904, s. 46 8Section 46. 12.13 (2) (b) 9. of the statutes is created to read:
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