1999 Wisconsin Act 182

5.64 (1) (a) The ballot shall be labeled "Official Ballot" in lettering at least three-eighths inch high. Directly underneath in plain, legible type, shall be the following voting instructions: "If you desire permit an elector to vote a straight party ticket for president and vice president, whenever those offices are contested, and for all statewide, congressional, legislative and county offices, make a cross (7) in the circle under the party designation at the top of the party column. If you desire to vote for individual candidates, make a cross (7) in the square at the RIGHT of the name of each candidate for whom you desire to vote. To for each office or to vote for a person whose name does not appear on the ballot, write the name in the blank space provided for the purpose for any office. When voting for governor and lieutenant governor, you may 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.". Under the party designation at the top of each party column shall appear the following words in boldface type: "Make a cross (7) in this circle to vote a straight party ticket.".

182,46 Section 46. 5.64 (1) (b) of the statutes is amended to read:

5.64 (1) (b) Below the voting instructions the ballot shall be divided into vertical columns. The names of the candidates on the regular party tickets nominated at the primary or replacements appointed under s. 8.35 (2) shall be printed each in appear in a separate column under the party designation. The columns shall be arranged from left to right according to rank, based on the number of votes received by the each party's candidate for president or governor at the last general election beginning with the party that received the most votes. To the right of the columns for parties qualifying under s. 5.62 (1) (b) shall be placed the columns for parties qualifying under s. 5.62 (2) in the same order in which the parties filed petitions with the board. Any column required under par. (e) 2. shall be placed next in order. To the right of the party columns shall be a column for the names of independent candidates for each office, or more than one column if the first column does not provide sufficient space for the names of all such candidates.

182,47 Section 47. 5.64 (1) (c) of the statutes is repealed.

182,48 Section 48. 5.64 (1) (d) of the statutes is amended to read:

5.64 (1) (d) The offices shall be arranged beginning with president and vice president or governor and lieutenant governor, whenever these offices are filled, and then the remaining offices in the order designated under s. 5.62 (3).

182,49 Section 49. 5.64 (1) (e) of the statutes is renumbered 5.64 (1) (e) 1. and amended to read:

5.64 (1) (e) 1. Within each column, each space shall state the office to be voted for directly above the candidate's first and last name. The Except as provided in subd. 2., each candidate's name shall be placed in the party column of the party by which nominated or if independent, in a column designated independent and all candidates for the same office shall appear within the same rows on the ballot. Below If a separate column is provided to write in the names of any party candidates under subd. 2., the column shall appear before the column designated independent with the spaces provided to write in the names of the candidates for each such party appearing in the same order in which the columns of their parties would appear under par. (b). Along with the names of the independent candidates shall appear the party or principle of the candidates, if any, in 5 words or less, as shown on their nomination papers. Independent candidates for the same county office shall be listed in the same manner in an order drawn by lot by or under supervision of the county clerk or board of election commissioners. The board shall conduct a redrawing for purposes of determining the arrangement of independent candidates for state office who appeared on the primary ballot in the manner provided in s. 5.60 (1) (b). To the right of each candidate's name, in each column, shall be a square for the elector to make his or her cross (7).

182,50 Section 50. 5.64 (1) (e) 2. of the statutes is created to read:

5.64 (1) (e) 2. There shall be a separate column for the candidates of each party qualifying for that column under s. 5.62 (1) (b) or (2), except that if, within any assembly district or county, there are no candidates for any national, state or county office representing such a party who qualify to have their names appear on the ballot under the name of that party within that assembly district, the county clerk or board of election commissioners shall provide a combined separate column that will permit an elector to cast a vote for a write-in candidate of any such party for each national, state and county office whenever that party qualifies to be represented in a separate column but does not qualify under this subdivision. The ballot shall include the name of each party qualifying for a separate column under each office, with the names of the candidates for each such party appearing in the same order in which the columns of the parties would appear under par. (b).

182,51 Section 51. 5.64 (1) (eg) of the statutes is created to read:

5.64 (1) (eg) In the case of balloting for the offices of president and vice president, the names of the candidates shall be placed in the column of the party that nominated them or if independent, in a column designated independent. In each column there shall be one choice for the elector to cast a ballot jointly for both offices.

182,52 Section 52. 5.64 (1) (f) of the statutes is amended to read:

5.64 (1) (f) In the case of balloting for the office of governor and lieutenant governor, the names of the candidates shall be placed in the party column by which nominated or if independent, in a column designated independent. To the right of the names of the set of candidates for governor and lieutenant governor, in In each column there shall be one square choice for the elector to cast a ballot jointly for both offices.

182,53 Section 53. 5.64 (2) (intro.) of the statutes is renumbered 5.64 (2) (am) and amended to read:

5.64 (2) (am) There shall be a separate ballot when any proposed constitutional amendment or any other measure or question is submitted to a vote of the people, except as authorized in s. 5.655. The ballot shall give a concise statement of each question in accordance with the act or resolution directing submission in the same form as prescribed by the board under s. 7.08 (1) (a). The question may not be worded in such a manner as to require a negative vote to approve a proposition or an affirmative vote to disapprove a proposition. Unless otherwise expressly provided, this ballot form shall be used at all elections when questions are submitted to a vote of the people.

182,54 Section 54. 5.64 (2) (a) and (b) of the statutes are repealed.

182,55 Section 55. 5.64 (2) (c) of the statutes is amended to read:

5.64 (2) (c) The official referendum ballot prescribed under this subsection shall be utilized at every election, except that the format shall be altered to the extent provided or required by other laws establishing or authorizing referenda to be conducted. All Except as authorized in s. 5.655, all referenda shall appear on a separate ballot, but more than one referendum question may appear on the same referendum ballot whenever the questions are numbered and all electors voting the ballot are entitled to vote upon all questions appearing thereon. When more than one state referendum is placed on the same ballot, the board shall number the questions in chronological sequence. If the legislature submits questions on different dates, the board shall number the questions sequentially based on the date on which the questions are submitted by the legislature. State Except as authorized in s. 5.655, state and county referenda shall appear on a separate ballot from municipal or special district referenda. The form of all referendum ballots shall be substantially the same as that prescribed by the board under s. 7.08 (1) (a).

182,56 Section 56. 5.64 (3) (intro.) of the statutes is repealed.

182,57 Section 57. 5.64 (3) (a) of the statutes is renumbered 5.64 (1) (em) and amended to read:

5.64 (1) (em) The ballot shall be titled "Official Presidential Ballot" in lettering at least three-eighths inch high. Directly underneath in plain, legible type shall be the following voting instructions: "Make a cross (7 ) in the square opposite the names of the candidates for whose electors you desire to vote or write in the names of candidates for president and vice president in the space provided for the purpose. Vote in ONE square only.". The names of the candidates for the offices of president and vice president certified under s. 8.16 (7) or filed under s. 8.20 shall appear on the ballot in the form prescribed in s. 7.08 (2) (a). The names of the presidential electors for the candidates supplied under ss. 8.18 (2) and 8.20 (2) (d) are not listed on the ballot but a vote for the candidates for president and vice president is a vote for them through their named presidential electors.

182,58 Section 58. 5.64 (3) (b) of the statutes is renumbered 5.64 (1) (es) and amended to read:

5.64 (1) (es) The party candidates shall be arranged consecutively from top to bottom based on the number of votes received by their party's candidate for governor at the last election beginning with the party that received the most votes. The independent president-vice president candidates shall be listed together in an order drawn by lot by or under supervision of the board, following under the party candidates. Below Along with the names of the independent candidates shall appear the party or principle of the candidates, if any, in 5 words or less, as shown on their nomination papers. Following under the independent candidates, a space shall be left for writing in the names of a candidate for president and vice president.

182,59 Section 59. 5.65 of the statutes is amended to read:

5.65 Special referendum ballots. Unless otherwise provided, ballots for special referenda shall conform to the format prescribed in under s. 5.64 (2), insofar as applicable.

182,60 Section 60. 5.655 of the statutes is created to read:

5.655 Consolidated ballots. (1) Whenever a separate ballot is required to be used, a municipality may use a single ballot to facilitate the use of voting machines or an electronic voting system or, if the municipality employs paper ballots, may use a consolidated paper ballot that is authorized under sub. (2). If a municipality uses a single ballot in lieu of separate ballots, the ballot shall include a separate column or row for any office, referendum or party for which a separate ballot is required by law and the ballot shall be distributed only to electors who are eligible to vote for all of the offices and referenda appearing on the ballot.

(2) Whenever a municipality employing paper ballots is required to utilize separate ballots for certain offices, referenda or parties at an election, the municipality may, with the approval of the county clerk or board of election commissioners of each county in which there is located any portion of the municipality where one or more electors reside, substitute a single consolidated paper ballot or a ballot that is designed to be utilized with an electronic voting system, if the ballot contains all of the applicable information required to be provided for paper ballots at that election.

(3) The board shall prescribe notices and instructions to be given to electors who use a ballot that is authorized under sub. (2) in lieu of any notices and instructions that are applicable only to municipalities employing separate paper ballots.

182,61 Section 61. 5.68 (5) of the statutes is amended to read:

5.68 (5) If a charge is made for the use of a polling place, the charge shall be paid by the unit of government municipality establishing the polling place under s. 5.25 (2) or 120.06 (9) (a) unless the polling place is used to conduct a special election that is called by a unit of government other than the state or the municipality establishing the polling place and the special election is not held concurrently with an election specified in s. 5.02 (5), (18), (21) or (22). In such case the charge shall be paid by the unit of government that calls the special election.

182,62 Section 62. 5.81 (1) of the statutes is amended to read:

5.81 (1) Whenever the statutes require provide for the use of separate ballots or columns or rows for offices, parties or referenda, and an electronic voting system employing a ballot label or ballot card is used at a polling place, a single ballot may be used for all offices, referenda and parties. The ballot information, whether placed on the ballot or on the voting device, shall, as far as practicable, be grouped and ordered in the same manner as provided for other ballots under this chapter, except that the information on the ballot card need not be in separate columns or rows and the information in the ballot label booklet may appear on a number of pages.

182,63 Section 63. 5.81 (2) of the statutes is amended to read:

5.81 (2) When an electronic voting system utilizes a ballot label booklet and ballot card, ballots for candidates and ballots on referenda may be placed on the voting device by providing in the ballot booklet separate ballot label pages or series of pages distinguished by differing colors. Whenever practicable, all candidates for the same office shall appear in the booklet on the same page or facing pages. More than one question may be placed on the same ballot page or series of pages. In elections where provision is made for straight party voting by marking a party circle, the designation of the political parties for straight party voting shall be on a separate page on which no names of candidates may appear. On each succeeding page of the candidate booklet, where the ballot information is listed vertically, the party affiliation of each candidate or the designation "independent" or the candidate's statement of principles, if any, shall appear immediately to the left of next to the candidate's name, and the name of candidates for the same office shall be listed vertically under the title of that office.

182,64 Section 64. 6.15 (3) (b) of the statutes is amended to read:

6.15 (3) (b) Election day. An eligible elector may appear at the polling place for the ward or election district where he or she resides and make application for a ballot under sub. (2). In such case, the inspector or special registration deputy shall perform the duties of the municipal clerk. The elector shall provide identification. If the elector is qualified, he or she shall be permitted to vote. The elector shall mark or punch the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and shall deposit the ballot into the ballot box or give it to the inspector. The inspector shall deposit it directly in into the ballot box. Voting machines or ballots utilized with electronic voting systems may only be used by electors voting under this section if they permit voting for president and vice president only.

182,65m Section 65m. 6.22 (2) (b) of the statutes is repealed and recreated to read:

6.22 (2) (b) Notwithstanding s. 6.87 (4), a military elector shall make and subscribe to the certification under s. 6.87 (2) before a witness who is an adult U.S. citizen.

182,66 Section 66. 6.22 (4) of the statutes is amended to read:

6.22 (4) Instructions and handling. An individual who qualifies as a military elector may request an absentee ballot for any election, or for all elections until the individual otherwise requests or until the individual no longer qualifies as a military elector. A military elector's application may be received at any time. The municipal clerk shall not mail send a ballot for an election if the application is received later than 5 p.m. on the Friday preceding that election. The municipal clerk shall mail send a ballot, as soon as available, to each military elector who requests a ballot. The board shall prescribe the instructions for marking or punching and returning ballots and the municipal clerk shall enclose instructions with each ballot and shall also enclose supplemental instructions for local elections. The envelope, return envelope or explanatory note and instructions may not contain the name of any candidate appearing on the enclosed ballots other than that of the municipal clerk affixed in the fulfillment of his or her duties. The Whenever the material is mailed, the material shall be prepared and mailed to make use of the federal free postage laws. The mailing list established under this subsection shall be kept current in the same manner as provided in s. 6.86 (2) (b).

182,67 Section 67. 6.22 (5) of the statutes is amended to read:

6.22 (5) Voting procedure. Except as authorized in s. 6.25, the ballot shall be marked or punched and returned, deposited and recorded in the same manner as other absentee ballots. In addition, the affidavit certification under s. 6.87 (2) shall have a statement of the elector's birth date. Failure to return the any unused ballots in a primary election does not invalidate the ballot on which the elector casts his or her votes.

182,68 Section 68 . 6.24 (1) and (2) of the statutes are amended to read:

6.24 (1) Definition. In this section, "overseas elector" means a U.S. citizen who is not disqualified from voting under s. 6.03, who has attained or will attain the age of 18 by the date of an election at which the citizen proposes to vote and who does not qualify as a resident of this state under s. 6.10, but who was last domiciled in this state or whose parent was last domiciled in this state immediately prior to the parent's departure from the United States, and who is not registered to vote or voting in any other state, territory or possession.

(2) Eligibility. An overseas elector under sub. (1) may vote in any election for national office, including the September primary and presidential preference primary and any special primary or election. Such elector may not vote in an election for state or local office. An overseas elector shall vote in the ward or election district in which he or she the elector was last domiciled or in which the elector's parent was last domiciled prior to departure from the United States.

182,69 Section 69. 6.24 (3) of the statutes is amended to read:

6.24 (3) Registration. If registration is required in the municipality where the overseas elector resides, the elector shall register on a form prescribed by the board designed to ascertain the elector's qualifications under this section. The form shall be substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (3) (4).

182,70 Section 70 . 6.24 (3) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

6.24 (3) Registration. If registration is required in the municipality where the overseas elector resides resided or where the elector's parent resided, the elector shall register on a form prescribed by the board designed to ascertain the elector's qualifications under this section. The form shall be substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (4).

182,71 Section 71. 6.24 (4) (c) of the statutes is amended to read:

6.24 (4) (c) Upon receipt of a timely application from an individual who qualifies as an overseas elector and who has registered to vote in a municipality under sub. (3) whenever registration is required in that municipality, the municipal clerk of the municipality shall mail send an absentee ballot to the individual for all subsequent elections for national office to be held during the year in which the ballot is requested, unless the individual otherwise requests or until the individual no longer qualifies as an overseas elector.

182,72 Section 72. 6.24 (4) (d) of the statutes is amended to read:

6.24 (4) (d) An overseas elector who is not registered may request both a registration form and an absentee ballot at the same time, and the municipal clerk shall mail send the ballot automatically if the registration form is received within the time prescribed in s. 6.30 (3) 6.28 (1). The board shall prescribe a special certificate affidavit form for the envelope in which the absentee ballot for overseas electors is contained, which shall be substantially similar to that provided under s. 6.87 (2). Whenever an application, affidavit or other act is required in ss. 6.86 to 6.89 an overseas elector may fulfill the requirements by subscribing or swearing before any person authorized to administer oaths or 2 adult U.S. citizens Notwithstanding s. 6.87 (4), an overseas elector shall make and subscribe to the special certificate form before a witness who is an adult U.S. citizen.

182,73 Section 73. 6.24 (5) of the statutes is amended to read:

6.24 (5) Ballots. The board shall prescribe a special ballot for use under this section whenever necessary. Official ballots under ss. 5.60 (8) and 5.64 (3) prescribed for use in the presidential preference primary may also be used. The ballot shall be designed to comply with the requirements of prescribed under ss. 5.60 (8), 5.62 and 5.64 (1) insofar as applicable. All ballots shall be limited to national offices only.

182,74 Section 74. 6.24 (6) of the statutes is amended to read:

6.24 (6) Instructions and handling. The municipal clerk shall mail send a ballot, as soon as available, to each overseas elector by whom a request has been made. The board shall prescribe the instructions for marking or punching and returning ballots and the municipal clerk shall enclose such instructions with each ballot. The envelope, return envelope and instructions may not contain the name of any candidate appearing on the enclosed ballots other than that of the municipal clerk affixed in the fulfillment of his or her duties. The Except as authorized under s. 6.87 (3) (d), the municipal clerk shall mail the material postage prepaid to any place in the world. The overseas elector shall provide return postage.

182,75m Section 75m. 6.24 (7) of the statutes is amended to read:

6.24 (7) Voting procedure. Except as authorized under s. 6.25, the ballot shall be marked or punched and returned, deposited and recorded in the same manner as other absentee ballots. In addition, the certificate-affidavit certificate shall have a statement of the elector's birth date. Failure to return the unused ballots in a primary election does not invalidate the ballot on which the elector casts his or her votes.

182,76 Section 76. 6.275 (1) (c) of the statutes is amended to read:

6.275 (1) (c) Where registration applies, the total number of electors of the municipality residing in that county who registered after the close of registration and prior to the day of the primary or election under s. ss. 6.28 (1) and 6.29.

182,77 Section 77. 6.28 (1) of the statutes is amended to read:

6.28 (1) Registration locations; deadline. Registration Except as authorized in ss. 6.29 and 6.55 (2), registration in person for any election shall close at 5 p.m. on the 2nd Wednesday preceding the election. Registrations made by mail under s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked no later than the 2nd Wednesday preceding the election. An application for registration in person or by mail may be accepted for placement on the registration list after the specified deadline, if the municipal clerk determines that the registration list can be revised to incorporate the registration in time for the election. All applications for registration corrections and additions may be made throughout the year at the office of the city board of election commissioners, at the office of the municipal clerk, at the office of any register of deeds or at other locations provided by the board of election commissioners or the common council in cities over 500,000 population or by either or both the municipal clerk, or the common council, village or town board in all other municipalities and may also be made during the school year at any high school by qualified persons under sub. (2) (a). Other registration locations may include but are not limited to fire houses, police stations, public libraries, institutions of higher education, supermarkets, community centers, plants and factories, banks, savings and loan associations and savings banks. Special registration deputies shall be appointed for all locations.

182,78 Section 78. 6.29 (1) of the statutes is amended to read:

6.29 (1) No names may be added to a registration list for any election after the close of registration, except as authorized under this section or s. 6.28 (1) or 6.55 (2) or (3). Any person whose name is not on the registration list but who is otherwise a qualified elector is entitled to vote at the election upon compliance with this section.

182,79 Section 79. 6.29 (2) (b) of the statutes is amended to read:

6.29 (2) (b) Upon the filing of the registration form required by this section, the municipal clerk shall issue a certificate addressed to the inspectors of the proper ward directing that the elector be permitted to cast his or her vote, unless the clerk determines that the registration list will be revised to incorporate the registration in time for the election. The certificate shall be numbered serially, prepared in duplicate and one copy preserved in the office of the municipal clerk.

182,80 Section 80. 6.29 (2) (c) of the statutes is amended to read:

6.29 (2) (c) The elector, at At the time he or she appears at the correct polling place, the elector shall deliver the any certificate issued under par. (b) to the inspectors. If the elector applies for and obtains an absentee ballot, the any certificate shall be annexed to and mailed with the absentee ballot to the office of the municipal clerk.

182,81 Section 81. 6.30 (1) of the statutes is amended to read:

6.30 (1) In person. Registration applications shall be made in person, except under subs. (2) to sub. (4).

182,82 Section 82. 6.30 (2) and (3) of the statutes are repealed.

182,83 Section 83. 6.30 (4) of the statutes is amended to read:

6.30 (4) By mail. Any eligible elector who is located not more than 50 miles from his or her legal voting residence may register by mail on a form prescribed by the board and provided by each municipality. The form shall be designed to obtain the information required in ss. 6.33 (1) and 6.40 (1) (a) and (b). The form shall contain a certification by the elector that all statements are true and correct. The form shall be prepostpaid for return when mailed at any point within the United States, and shall be signed by a special registration deputy or shall be signed and substantiated by one other elector residing in the same municipality in which the registering elector resides, corroborating all material statements therein. The form shall be available in the municipal clerk's office and may be distributed by any elector of the municipality. The clerk shall mail a registration form to any elector upon written or oral request.

182,84 Section 84. 6.33 (2) (b) of the statutes is amended to read:

6.33 (2) (b) The registration form shall be signed by the registering elector and any corroborating elector under s. 6.29 (2) (a), 6.30 (2) to (4) or 6.55 (2) before the clerk, issuing officer or registration deputy. The form shall contain a certification by the registering elector that all statements are true and correct.

182,85 Section 85. 6.45 (1) of the statutes is amended to read:

6.45 (1) After the deadline for revision of the registration list, the municipal clerk shall make copies of the list for election use. The registration list and any supplemental lists which are prepared at polling places or other registration locations under s. 6.55, shall be open to public inspection. Under the regulations prescribed by the municipal clerk, any person may copy the registration list at the office of the clerk. A registration list maintained at a polling place may be examined by an observer any person who is observing the proceedings under s. 7.41 when such use does not interfere with the conduct of the election.

182,86 Section 86. 6.79 (intro.) of the statutes is amended to read:

6.79 Recording electors. (intro.) Two election officials at each election ward shall be in charge of and shall maintain 2 separate lists of all persons voting. The municipal clerk may elect to maintain the information on the poll list manually or electronically. If the list is maintained electronically, the officials shall enter the information into an electronic data recording system that enables retrieval of a printed copy of the poll list at the polling place. The system employed is subject to the approval of the board.

182,87 Section 87. 6.79 (1) and (2) of the statutes are amended to read:

6.79 (1) Municipalities without registration. Where there is no registration, before being permitted to vote, each person shall state his or her full name and address. The officials shall record enter each name and address on a poll list in the same order as the votes are cast. If the residence of the elector does not have a number, the election officials shall, in the appropriate space, write enter "none". Alternatively, the municipal clerk may maintain a poll list consisting of the full name and address of electors compiled from previous elections. Whenever an elector appears to vote, the officials shall verify the correctness of the elector's name and address, and shall enter a serial number next to the name of the elector in the order that the votes are cast, beginning with the number one. If the name and address of an elector do not appear on the prepared poll list, the officials shall record enter the name, address and serial number of the elector at the bottom of the list. The officials may require any elector to provide identification, including acceptable proof of residence, or to have another elector corroborate his or her information in accordance with the procedure specified in s. 6.55 (2) (b) before permitting the elector to vote. The officials shall maintain a separate list of those persons voting under ss. 6.15 and 6.24.

(2) Municipalities with registration. Where there is registration, each person, before receiving a voting number, shall state his or her full name and address. Upon the prepared registration list, after the name of each elector, the officials shall enter the serial number of the vote as it is polled, beginning with number one. Each elector shall receive a slip bearing the same serial number. A separate list shall be maintained for electors who are voting under s. 6.15, 6.29 or 6.55 (2) or (3) and electors who are reassigned from another polling place under s. 5.25 (5) (b). Each such elector shall have his or her full name, address and serial number likewise recorded entered and shall be given a slip bearing such number.

182,88 Section 88. 6.79 (5) of the statutes is amended to read:

6.79 (5) Poll list forms format. Poll lists shall be kept on forms designed or in an electronic format prescribed by the board to be substantially similar to the standard registration list forms used in municipalities where registration is required and shall require, for each person offering to vote, the entry of the person's full name and address.

182,89 Section 89. 6.80 (2) (e) and (f) of the statutes are amended to read:

6.80 (2) (e) Upon voting his or her ballot, the elector shall publicly and in person deposit it in into the ballot box or deliver it to an inspector for, who shall deposit in the ballot into the ballot box.