Amendment AA7-SB110

SB110-AA7, s. 25k Section 25k. 6.79 (6) (b) of the statutes is renumbered 6.79 (6) and amended to read:

SB110-AA7,14,6 6.79 (6) Confidential names and addresses. In municipalities where registration is required, an An elector who has a confidential listing under s. 6.47 (2) may present his or her identification card issued under s. 6.47 (3), or may give his or her name and identification serial number issued under s. 6.47 (3), in lieu of stating his or her name and address under sub. (2). If the elector's name and identification serial number appear on the confidential portion of the list, the inspectors shall issue a voting serial number to the elector, record that number on the registration poll list and permit the elector to vote.

SB110-AA7, s. 25m Section 25m. 6.82 (1) (a) of the statutes is amended to read:

SB110-AA7,14,24 6.82 (1) (a) When any inspectors are informed that an elector is at the entrance to the polling place who as a result of disability is unable to enter the polling place, they shall permit the elector to be assisted in marking or punching a ballot by any individual selected by the elector, except the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector. The inspectors shall issue a ballot to the individual selected by the elector and shall accompany the individual to the polling place entrance where the assistance is to be given. If the ballot is a paper ballot, the assisting individual shall fold the ballot after the ballot is marked or punched by the assisting individual. The assisting individual shall then immediately take the ballot into the polling place and give the ballot to an inspector. The inspector shall distinctly announce that he or she has "a ballot offered by .... (stating person's name), an elector who, as a result of disability, is unable to enter the polling place without assistance".." The inspector shall then ask, "Does anyone object to the reception of this ballot?" If no objection is made, the inspectors shall record the elector's name under s. 6.79 and deposit the ballot in the ballot box, and shall make a notation on the registration or poll list: "Ballot received at poll entrance".."".

SB110-AA7,15,1 14. Page 16, line 2: after that line insert:

SB110-AA7,15,2 " Section 27m. 6.86 (3) (a) of the statutes is amended to read:

SB110-AA7,15,10 6.86 (3) (a) Any elector who is registered, or otherwise qualified where registration is not required, and who 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.".

SB110-AA7,15,12 15. Page 19, line 6: delete the material beginning with "where" and ending with "a" on line 7 and substitute "A".

SB110-AA7,15,13 16. Page 20, line 12: after that line insert:

SB110-AA7,15,15 " Section 30d. 6.88 (3) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB110-AA7,16,7 6.88 (3) (a) Any time between the opening and closing of the polls on election day, the inspectors shall open the carrier envelope only, and announce the name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47 (2). When the inspectors find that the certification has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, they shall enter an indication on the poll or registration list next to the applicant's name indicating an absentee ballot is cast by the elector. They shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The inspectors shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been endorsed by the issuing clerk or special voting deputy. The inspectors shall deposit the ballot into the proper ballot box and enter the absent elector's name or voting number after his or her name on the poll or registration list in the same manner as if the elector had been present and voted in person.

SB110-AA7,16,8 " Section 30m. 6.94 of the statutes is amended to read:

SB110-AA7,16,24 6.94 Challenged elector oath. If the person challenged refuses to answer fully any relevant questions put to him or her by the inspector under s. 6.92, the inspectors shall reject the elector's vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the inspectors shall administer to the person the following oath or affirmation: "You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 days have been a resident of this ward except under s. 6.02 (2); you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election".." If the person challenged refuses to take the oath or affirmation, the person's vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the inspector under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, where applicable, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person's vote shall be received.

SB110-AA7, s. 30p Section 30p. 6.95 of the statutes is amended to read:

SB110-AA7,17,19 6.95 Voting procedure for challenged electors. Whenever the inspectors under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been challenged, they shall give the elector a ballot. Before depositing the ballot, the inspectors shall write on the back of the ballot the serial number of the challenged person corresponding to the number kept at the election on the registration or poll list, or other list maintained under s. 6.79. If voting machines are used in the municipality where the person is voting, the person's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding serial number from the registration or poll list or other list maintained under s. 6.79 written on the back of the ballot before the ballot is deposited. The inspectors shall indicate on the list the reason for the challenge. The challenged ballots shall be counted under s. 5.85 or 7.51. The municipal board of canvassers may decide any challenge when making its canvass under s. 7.53. If the returns are reported under s. 7.60, a challenge may be reviewed by the county board of canvassers. If the returns are reported under s. 7.70, a challenge may be reviewed by the chairperson of the board or the chairperson's designee. The decision of any board of canvassers or of the chairperson or chairperson's designee may be appealed under s. 9.01. The standard for disqualification specified in s. 6.325 shall be used to determine the validity of challenged ballots.

SB110-AA7, s. 30s Section 30s. 7.08 (1) (c) of the statutes is amended to read:

SB110-AA7,17,25 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1), 6.40 (1) (b), 6.47 (1) (a) 2. and (3), 6.55 (2) and (3), 6.79 (5) and 6.86 (2) and (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.".

SB110-AA7,18,1 17. Page 20, line 23: after that line insert:

SB110-AA7,18,2 " Section 32d. 7.10 (1) (b) of the statutes is amended to read:

SB110-AA7,18,7 7.10 (1) (b) The county clerk shall supply sufficient poll list blanks for municipalities that do not have elector registration and other election supplies for national, state and county elections to municipalities within the county. The poll list blanks and other election supplies shall be enclosed in the sealed package containing the official ballots and delivered to the municipal clerk.

SB110-AA7, s. 32f Section 32f. 7.10 (7) of the statutes is created to read:

SB110-AA7,18,11 7.10 (7) Registration agent for town clerk. The county clerk shall carry out the registration functions specified in ss. 6.29 (2) and 6.33 (5) (b) for any town clerk who designates the county clerk as the agent of the town clerk under s. 6.33 (5) (b).

SB110-AA7, s. 32h Section 32h. 7.15 (1) (intro.) of the statutes is amended to read:

SB110-AA7,18,17 7.15 (1) Supervise registration and elections. (intro.) Each Except as provided in ss. 6.33 (5) (b) and 6.36 (1), each municipal clerk has charge and supervision of elections and registration in the municipality. The clerk shall perform the following duties and any others which may be necessary to properly conduct elections or registration:

SB110-AA7, s. 32j Section 32j. 7.15 (1) (c) of the statutes is amended to read:

SB110-AA7,18,22 7.15 (1) (c) Prepare ballots for municipal elections, and distribute ballots and provide other supplies for conducting all elections. The municipal clerk shall deliver poll list forms received from the county clerk to the polling places with the ballots to the polling places before the polls open.".

SB110-AA7,18,23 18. Page 21, line 10: after that line insert:

SB110-AA7,18,24 " Section 33d. 7.15 (4) of the statutes is amended to read:

SB110-AA7,19,6 7.15 (4) Recording electors. After each election where registration is used, the municipal clerk shall make a record of each elector who has voted at the election by stamping or writing the date of the election in the appropriate space on the original registration form of the elector. Municipalities employing data processing may, in lieu of this requirement, record voting information in such a manner that it is readily available for retrieval by computer.".

SB110-AA7,19,7 19. Page 24, line 24: after that line insert:

SB110-AA7,19,8 " Section 41d. 7.37 (7) of the statutes is amended to read:

SB110-AA7,19,10 7.37 (7) Registration and poll Poll lists. Two inspectors shall be assigned to have charge of the registration or poll lists at each election.".

SB110-AA7,19,11 20. Page 25, line 23: after that line insert:

SB110-AA7,19,12 " Section 46d. 7.51 (2) (a) of the statutes is amended to read:

SB110-AA7,20,2 7.51 (2) (a) The inspectors shall first compare the poll or registration lists, correcting any mistakes until the poll or registration lists agree. The chief inspector and the inspectors who are responsible for recording electors under s. 6.79 shall verify the correctness of the poll or registration lists after the polls close by each signing their name thereto. Where ballots are distributed to electors, the inspectors shall then open the ballot box and remove and count the number of ballots therein without examination except as is necessary to ascertain that each is a single ballot. If 2 or more ballots are folded together so as to appear as a single ballot, the inspectors shall lay them aside until the count is completed; and if, after a comparison of the count and the appearance of the ballots it appears to a majority of the inspectors that the ballots folded together were voted by the same person they may not be counted but the inspectors shall mark them as to the reason for removal, set them aside and carefully preserve them. The inspectors shall then proceed under par. (b).

SB110-AA7, s. 46f Section 46f. 7.51 (2) (c) of the statutes is amended to read:

SB110-AA7,20,13 7.51 (2) (c) Whenever the number of ballots exceeds the number of voting electors as indicated on the poll or registration list, the inspectors shall place all ballots face up to check for blank ballots. In this paragraph, "blank ballot" means a ballot on which no votes are cast for any office or question. The inspectors shall mark, lay aside and preserve any blank ballots. If the number of ballots still exceeds the number of voting electors, the inspectors shall place all ballots face down and proceed to check for the initials. The inspectors shall mark, lay aside and preserve any ballot not bearing the initials of 2 inspectors or any absentee ballot not bearing the initials of the municipal clerk. During the count the inspectors shall count those ballots cast by challenged electors the same as the other ballots.

SB110-AA7, s. 46h Section 46h. 7.51 (2) (e) of the statutes is amended to read:

SB110-AA7,21,7 7.51 (2) (e) If, after any ballots have been laid aside, the number of ballots still exceeds the total number of electors recorded on the registration or poll list, the inspectors shall separate the absentee ballots from the other ballots. If there is an excess number of absentee ballots, the inspectors shall place the absentee ballots in the ballot box and one of the inspectors shall publicly and without examination draw therefrom by chance the number of ballots equal to the excess number of absentee ballots. If there is an excess number of other ballots, the inspectors shall place those ballots in the ballot box and one of the inspectors shall publicly and without examination draw therefrom by chance the number of ballots equal to the excess number of those ballots. All ballots so removed may not be counted but shall be specially marked as having been removed by the inspectors on original canvass due to an excess number of ballots, set aside and preserved. When the number of ballots and total shown on the poll or registration list agree, the inspectors shall return all ballots to be counted to the ballot box and shall turn the ballot box in such manner as to thoroughly mix the ballots. The inspectors shall then open, count and record the number of votes. When the ballots are counted, the inspectors shall separate them into piles for ballots similarly voted. Objections may be made to placement of ballots in the piles at the time the separation is made.

SB110-AA7, s. 46j Section 46j. 7.51 (4) (a) of the statutes is amended to read:

SB110-AA7,21,22 7.51 (4) (a) The tally sheets shall state the total number of votes cast for each office and for each individual receiving votes for that office, whether or not the individual's name appears on the ballot, and shall state the vote for and against each proposition voted on. Upon completion of the tally sheets, the inspectors shall immediately complete inspectors' statements in duplicate. The inspectors shall state the excess, if any, by which the number of ballots exceeds the number of electors voting as shown by the poll or registration list, if any, and shall state the number of the last elector as shown by the registration or poll lists. At least 3 inspectors, including the chief inspector and, unless election officials are appointed under s. 7.30 (4) (c) without regard to party affiliation, at least one inspector representing each political party, shall then certify to the correctness of the statements and tally sheets and sign their names. All other election officials assisting with the tally shall also certify to the correctness of the tally sheets. When the tally is complete, the inspectors shall publicly announce the results from the statements.

SB110-AA7, s. 46L Section 46L. 7.51 (5) of the statutes is amended to read:

SB110-AA7,22,21 7.51 (5) Returns. The inspectors shall make full and accurate return of the votes cast for each candidate and proposition on tally sheet blanks provided by the municipal clerk for the purpose. Each tally sheet shall record the returns for each office or referendum by ward, unless combined returns are authorized in accordance with s. 5.15 (6) (b) in which case the tally sheet shall record the returns for each group of combined wards. After recording the votes, the inspectors shall seal in a carrier envelope outside the ballot bag or container one inspectors' statement under sub. (4) (a), one tally sheet and one poll or registration list for delivery to the county clerk, unless the election relates only to municipal or school district offices or referenda. The inspectors shall also similarly seal one inspectors' statement, one tally sheet and one poll or registration list for delivery to the municipal clerk. For school district elections, except in 1st class cities, the inspectors shall similarly seal one inspectors' statement, one tally sheet and one poll or registration list for delivery to the school district clerk. The inspectors shall immediately deliver all ballots, statements, tally sheets, lists and envelopes to the municipal clerk. The municipal clerk shall arrange for delivery of all ballots, statements, tally sheets, lists and envelopes relating to a school district election to the school district clerk. The municipal clerk shall deliver the ballots, statements, tally sheets, lists and envelopes for his or her municipality relating to any county, technical college district, state or national election to the county clerk by 2 p.m. on the day following each such election. The person delivering the returns shall be paid out of the municipal treasury. Each clerk receiving ballots, statements, tally sheets or envelopes shall retain them until destruction is authorized under s. 7.23 (1).

SB110-AA7, s. 46t Section 46t. 9.01 (1) (b) 1. of the statutes is amended to read:

SB110-AA7,22,24 9.01 (1) (b) 1. The board of canvassers shall first compare the registration or poll lists and determine the number of voting electors.".

SB110-AA7,23,1 21. Page 28, line 3: after that line insert:

SB110-AA7,23,2 " Section 55t. 59.05 (2) of the statutes is amended to read:

SB110-AA7,23,14 59.05 (2) If two-fifths of the legal voters of any county, to be determined by the registration or poll lists of the last previous general election held in the county, the names of which voters shall appear on some one of the registration or poll lists of such election, present to the board a petition conforming to the requirements of s. 8.40 asking for a change of the county seat to some other place designated in the petition, the board shall submit the question of removal of the county seat to a vote of the qualified voters of the county. The board shall file the question as provided in s. 8.37. The election shall be held only on the day of the general election, notice of the election shall be given and the election shall be conducted as in the case of the election of officers on that day, and the votes shall be canvassed, certified and returned in the same manner as other votes at that election. The question to be submitted shall be "Shall the county seat of .... county be removed to ....? ".."".

SB110-AA7,23,15 22. Page 29, line 7: after that line insert:

SB110-AA7,23,16 " Section 57m. 117.20 (2) of the statutes is amended to read:

SB110-AA7,24,3 117.20 (2) The clerk of each affected school district shall publish notice, as required under s. 8.55, in the territory of that school district. The procedures for school board elections under s. 120.06 (5), (9), (11), (13) and (14) apply to a referendum held under this section. The school board and school district clerk of each affected school district shall each perform, for that school district, the functions assigned to the school board and the school district clerk, respectively, under those subsections. The form of the ballot shall correspond to the form prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The clerk of each affected school district shall file with the secretary of the board a certified statement prepared by the school district board of canvassers of the results of the referendum in that school district.

SB110-AA7, s. 57p Section 57p. 120.06 (5) of the statutes is repealed.".

SB110-AA7,24,5 23. Page 29, line 20: after that line insert:

SB110-AA7,24,6 " Section 58f. 125.05 (2) (h) of the statutes is amended to read:

SB110-AA7,24,15 125.05 (2) (h) Number of electors. The number of electors in a residence district shall equal not less than the number of names with residences in the district which appear on a the registration list , as defined in s. 5.02 (17). If there is no registration list, the number of electors shall equal the number of names with residences in the district which appear on a poll list as defined in s. 5.02 (14) compiled at the last gubernatorial or presidential election, whichever is most recent, for the residence district on the date that the remonstrance, consent, or counter petition is filed. A person whose name does not appear on a registration list or poll list may not sign a protest petition, consent or counter petition.".

SB110-AA7,24,17 24. Page 33, line 23: delete the material beginning with that line and ending with page 35, line 8.

SB110-AA7,24,18 25. Page 39, line 3: after that line insert:

SB110-AA7,25,2 "(2r) Registration. The treatment of sections 5.02 (17), 6.20, 6.24 (3), (4) (a) and (c), and (8), 6.27 (1) and (2) to (5), 6.28 (2) (b) and (3), 6.29 (2) (a) and (b), 6.33 (5), 6.35 (2), (3), (5), and (6), 6.36 (1), (2) (a), and (3), 6.47 (2) and (3), 6.50 (1) (intro.) and (2m) (a), 6.55 (2) (a) 1. (intro.) and (c) 1. and (3), 6.79 (intro.), (1), (2), (4), (5), and (6) (a) and (b), 6.82 (1) (a), 6.86 (3) (a), 6.88 (3) (a) (by Section 30d), 6.94, 6.95, 7.08 (1) (c), 7.10 (1) (b) and (7), 7.15 (1) (intro.) and (c) and (4), 7.37 (7), 7.51 (2) (a), (c), and (e), (4) (a), and (5), 9.01 (1) (b) 1., 59.05 (2), 117.20 (2), 120.06 (5), and 125.05 (2) (h) of the statutes takes effect on September 1, 2003.".

SB110-AA7,25,3 (End)