AB434: Bill Text

AB434,22,14 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.".

AB434, s. 29 Section 29. 5.64 (1) (b) of the statutes is amended to read:

AB434,23,2 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. 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.

AB434, s. 30 Section 30. 5.64 (1) (c) of the statutes is repealed.

AB434, s. 31 Section 31. 5.64 (1) (d) of the statutes is amended to read:

AB434,23,7 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).

AB434, s. 32 Section 32. 5.64 (1) (e) of the statutes is renumbered 5.64 (1) (e) 1. and amended to read:

AB434,24,2 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 place is designated to write in the names of any party candidates in the column for independent candidates under subd. 2., the places shall appear before the name of the independent candidates 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 ).

AB434, s. 33 Section 33. 5.64 (1) (e) 2. of the statutes is created to read:

AB434,24,11 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 space within the column for the independent candidates that will permit an elector to cast a vote for a write-in candidate of that party for each national, state and county office.

AB434, s. 34 Section 34. 5.64 (1) (eg) of the statutes is created to read:

AB434,24,16 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.

AB434, s. 35 Section 35. 5.64 (1) (f) of the statutes is amended to read:

AB434,24,23 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.

AB434, s. 36 Section 36. 5.64 (2) (a) and (b) of the statutes are repealed.

AB434, s. 37 Section 37. 5.64 (2) (c) of the statutes is renumbered 5.64 (2).

AB434, s. 38 Section 38. 5.64 (3) (intro.) of the statutes is repealed.

AB434, s. 39 Section 39. 5.64 (3) (a) of the statutes is renumbered 5.64 (1) (em) and amended to read:

AB434,25,14 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.

AB434, s. 40 Section 40. 5.64 (3) (b) of the statutes is renumbered 5.64 (1) (es) and amended to read:

AB434,25,25 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.

AB434, s. 41 Section 41. 5.65 of the statutes is amended to read:

AB434,26,4 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.

AB434, s. 42 Section 42. 5.655 of the statutes is created to read:

AB434,26,18 5.655 Special consolidated paper ballot. (1) Whenever a municipality employing paper ballots is required to utilize separate ballots for certain offices or referenda 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 ballot that is utilized with an electronic voting system by any municipality that is located in any such county, if the ballot contains all of the applicable information required to be provided for paper ballots at that election. On such a ballot, there shall appear all offices and referenda on which votes are to be cast at the election. Such a ballot may only be distributed to electors who are eligible to vote for all of the offices and in all of the referenda appearing on the ballot. The municipality shall utilize separate ballots to the extent required to permit participation in an election by those electors of the municipality who are not authorized to vote for all offices and in all referenda.

AB434,26,21 (2) The board shall require the same notices and instructions to be given to electors who use a ballot that is authorized under sub. (1) as are provided to electors who use the same ballot with an electronic voting system, insofar as applicable.

AB434, s. 43 Section 43. 5.81 (2) of the statutes is amended to read:

AB434,27,11 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.

AB434, s. 44 Section 44. 6.15 (3) (b) of the statutes is amended to read:

AB434,27,23 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 in the ballot box or give it to the inspector. The inspector shall deposit it directly in 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.

AB434, s. 45 Section 45 . 6.24 (1), (2) and (3) of the statutes are amended to read:

AB434,28,7 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.

AB434,28,13 (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.

AB434,28,19 (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 (3).

AB434, s. 46 Section 46. 6.24 (5) of the statutes is amended to read:

AB434,28,25 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.

AB434, s. 47 Section 47. 6.275 (1) (c) of the statutes is amended to read:

AB434,29,4 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.

AB434, s. 48 Section 48. 6.28 (1) of the statutes is amended to read:

AB434,29,24 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.

AB434, s. 49 Section 49. 6.29 (1) of the statutes is amended to read:

AB434,30,4 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.

AB434, s. 50 Section 50. 6.30 (3) (c) of the statutes is amended to read:

AB434,30,12 6.30 (3) (c) The elector shall return the registration form to the clerk of the municipality where the elector resides. The form shall be prepostpaid for return when mailed at any point within the United States. To be eligible to vote in an election the form shall be received by the clerk prior to the close of the clerk's office on the registration deadline date for that election, unless the clerk accepts the form for placement on the registration list after the deadline date as provided in s. 6.28 (1).

AB434, s. 51 Section 51. 6.77 (2) of the statutes is amended to read:

AB434,30,17 6.77 (2) Whenever Except as provided in sub. (3), whenever territory which was formerly a part of one municipality becomes a part of another municipality, an elector of the territory shall vote in the municipality in which the territory is included on the day of the election.

AB434, s. 52 Section 52. 6.77 (3) of the statutes is created to read:

AB434,30,22 6.77 (3) Whenever territory which was formerly a part of one municipality becomes a part of another municipality less than 10 days prior to the election, an elector of the territory shall vote in the municipality in which the territory was formerly included.

AB434, s. 53 Section 53. 6.79 (intro.) of the statutes is amended to read:

AB434,31,5 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.

AB434, s. 54 Section 54. 6.79 (1) of the statutes is amended to read:

AB434,31,23 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.

AB434, s. 55 Section 55. 6.79 (2) of the statutes is amended to read:

AB434,32,9 6.79 (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.

AB434, s. 56 Section 56. 6.79 (5) of the statutes is amended to read:

AB434,32,15 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.

AB434, s. 57 Section 57. 6.80 (2) (e) and (f) of the statutes are amended to read:

AB434,32,19 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 the ballot in into the ballot box.

AB434,33,6 (f) In the presidential preference primary and other partisan primary elections at polling places where ballots are distributed to electors, unless the ballots are utilized with an electronic voting system in which all candidates appear on the same ballot, after the elector prepares his or her ballot the elector shall detach the remaining ballots, fold the ballots to be discarded, and fold the completed ballot unless the ballot is intended for counting with automatic tabulating equipment,. The elector shall then either personally deposit the ballots to be discarded in into the separate ballot box marked "blank ballot box", and deposit the completed ballot in into the ballot box indicated by the inspectors, or give the ballots to an inspector who shall deposit the ballots directly into the appropriate ballot boxes. The inspectors shall keep the blank ballot box locked until the canvass is completed and shall dispose of the blank ballots as prescribed by the municipal clerk.

AB434, s. 58 Section 58. 6.85 of the statutes is amended to read:

AB434,33,19 6.85 Absent elector; definition. An absent elector is any otherwise qualified elector who is or expects to be absent from the municipality in which the absent elector is a qualified elector on election day whether by reason of active service in the U.S. armed forces or for any other reason, or who because of age, sickness, handicap, physical disability, jury duty, service as an election official or religious reasons cannot is unable or unwilling to appear at the polling place in his or her ward. No person under the age of 70 qualifies as an absent elector solely because of age. Any otherwise qualified elector who changes residence within this state by moving to a different ward or municipality later than 10 days prior to an election may vote an absentee ballot in the ward or municipality where he or she was qualified to vote before moving. An elector qualifying under this section may vote by absentee ballot under ss. 6.86 to 6.89.

AB434, s. 59 Section 59. 6.86 (1) (b) of the statutes is amended to read:

AB434,34,10 6.86 (1) (b) Except as provided in this section, if application is made in writing, the application, signed by the elector, shall be received no later than 5 p.m. on the Friday immediately preceding the election. If application is made in person, the application shall be made no later than 5 p.m. on the day preceding the election. If the elector is making written application and the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then notarize the affidavit as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place as required in s. 6.88. If application is made under sub. (2), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

AB434, s. 60 Section 60. 6.86 (3) (a) of the statutes is amended to read:

AB434,34,20 6.86 (3) (a) Any elector who is registered, or otherwise qualified where registration is not required, and who qualifies under ss. 6.20 and 6.85 as an absent elector because the elector is hospitalized, may apply for and obtain an official ballot by agent. The agent may apply for and obtain a ballot for the hospitalized absent elector by presenting a form prescribed by the board and containing the required information supplied by the hospitalized elector and signed by that elector and any other elector residing in the same municipality as the hospitalized elector, corroborating the information contained therein. The corroborating elector shall state on the form his or her full name and address.

AB434, s. 61 Section 61. 6.865 (intro.) and (1) of the statutes are consolidated, renumbered 6.865 and amended to read:

AB434,35,3 6.865 Federal postcard request form. A federal postcard registration and absentee ballot request form may be used to apply for an absentee ballot under s. 6.86 (1) if the form is completed in such manner that the municipal clerk or board of election commissioners with whom it is filed is able to determine all of the following: (1) That that the applicant is an elector of this state and of the ward or election district where the elector seeks to vote.

AB434, s. 62 Section 62. 6.865 (2) of the statutes is repealed.

AB434, s. 63 Section 63. 6.87 (2) of the statutes is amended to read:

AB434,35,9 6.87 (2) The municipal clerk shall place the ballot in an unsealed envelope furnished by the clerk. The envelope shall have the name, official title and post-office address of the clerk upon its face. The other side of the envelope shall have a printed certificate-affidavit in substantially the following form:

AB434,35,10 [STATE OF ....

AB434,35,11 County of ....]

AB434,35,12 or

AB434,35,13 [(name of foreign country and city or other jurisdictional unit)]

AB434,36,4 I, ...., (certify) (do solemnly swear) subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of the .... aldermanic district in the city of ...., residing at .... in said city, the county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at the election to be held on ....; that I am not voting at any other location in this election; that I cannot am unable or unwilling to appear at the polling place in the (ward) (election district) on election day because I expect to be absent from the municipality or because of age, sickness, handicap, physical disability, religious reasons, jury duty, service as an election official, or because I have changed my residence within the state from one ward or election district to another within 10 days before the election. I (certify) (swear) that I exhibited the enclosed ballot unmarked to the (2 witnesses) (person administering the oath), that I then in (their) (his) (her) presence and in the presence of no other person marked the ballot and enclosed and sealed the same in this envelope in such a manner that no one but myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could know how I voted.

AB434,36,5 Signed ....

AB434,36,7 The (2 witnesses) (person administering the oath) shall execute either of the following as appropriate:

AB434,36,13 We, the undersigned witnesses, subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, certify that the above statements are true and the voting procedure was executed as there stated. Neither of us is a candidate for any office on the enclosed ballot (except in the case of an incumbent municipal clerk). The elector was not solicited or advised by us to vote for or against any candidate or measure.

AB434,36,14 ....(Name)

AB434,36,15 ....(Address)

AB434,36,16 ....(Name)

AB434,36,17 ....(Address)

AB434,36,22 Subscribed and sworn to before me this .... day of ...., A.D., ...., and I hereby certify that I am not a candidate on the ballot upon which the affiant voted (unless I am an incumbent municipal clerk), that the voting procedure above was executed as therein stated, and that the affiant was not solicited or advised by me to vote for or against any candidate or measure.

AB434,36,23 ....(Name)

AB434,36,24 ....(Title)

AB434,36,25 ....(State or nation)

AB434, s. 64 Section 64. 6.88 (1) of the statutes is amended to read:

AB434,37,8 6.88 (1) When an absentee ballot arrives at the office of the municipal clerk, the clerk shall enclose it, unopened, in a carrier envelope which shall be securely sealed and endorsed with the name and official title of the clerk, and the words "This envelope contains the ballot of an absent, aged, sick, handicapped or disabled elector or the ballot of an election official and must be opened at the polls during polling hours on election day". The clerk shall keep the ballot in the clerk's office until delivered, as required in sub. (2).

AB434, s. 65 Section 65. 6.92 (intro.) of the statutes is renumbered 6.92 and amended to read: