AB938: Bill Text

LRB-5080/1

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2001 - 2002 LEGISLATURE

2001 Assembly BILL 938

May 1, 2002 - Introduced by Law Revision Committee. Referred to Committee on Rules.

AB938,1,5 An Act relating to: repealing, consolidating, renumbering, amending and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting, and clarifying references, and eliminating defects, anachronisms, conflicts, ambiguities, and obsolete provisions (Revisor's Revision Bill).

Analysis by the Legislative Reference Bureau

This revisor's revision bill is explained in the Notes provided by the revisor of statutes in the body of the bill. In statutes in which "blank" is used to mean a printed document with blank spaces left for the entry of information, "blank" is replaced with the more common "form" for the purpose of modernizing language and providing consistency throughout the statutes. In accordance with a change in drafting style, commas after the last item in a series are added throughout this bill. "Which" is replaced by "that" where grammatically correct. This bill is not intended to make any substantive changes.

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

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

AB938, s. 1 Section 1. 6.18 (form) of the statutes is amended to read:

AB938,2,5 6.18 (form) This blank form shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

AB938,2,6 APPLICATION FOR PRESIDENTIAL

AB938,2,7 ELECTOR'S ABSENT BALLOT

AB938,2,8 (To be voted at the Presidential Election

AB938,2,9 on November ...., .... (year)

AB938,2,18 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 10 days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

AB938,2,19 Signed ....

AB938,2,20 Address ....(Present address)

AB938,2,21 ....(City) ....(State)

AB938,2,22 Subscribed and sworn to before me this .... day of .... .... (year)

AB938,2,23 ....(Notary Public, or other officer authorized to administer oaths.)

AB938,2,24 ....(County)

AB938,2,25 My Commission expires

AB938,3,1 MAIL BALLOT TO:

AB938,3,2 NAME ....

AB938,3,3 ADDRESS ....

AB938,3,4 CITY .... STATE .... ZIP CODE ....

AB938,3,8 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned not more than 6 months, or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned not more than 3 years, or both.

AB938,3,9 ....(Municipal Clerk)

AB938,3,10 ....(Municipality)

Note: Replaces disfavored term.

AB938, s. 2 Section 2. 7.08 (1) (title) of the statutes is amended to read:

AB938,3,12 7.08 (1) (title) Election forms, blanks, voting apparatus.

Note: Replaces disfavored term.

AB938, s. 3 Section 3. 7.08 (1) (b) of the statutes is amended to read:

AB938,3,19 7.08 (1) (b) Prescribe the necessary standard sample blanks forms and ballot containers to make the canvass, returns, statements and tally sheet statements for all elections the results of which are reportable to the board under s. 7.60 (4) (a), and all other materials as it deems necessary to conduct the elections. The sample blanks forms shall contain the necessary certificates of the inspectors and canvassers with notes explaining their use and statutory basis.

Note: Replaces disfavored term.

AB938, s. 4 Section 4. 7.10 (1) (b) of the statutes is amended to read:

AB938,4,3 7.10 (1) (b) The county clerk shall supply sufficient poll list blanks forms for municipalities that do not have elector registration and other election supplies for national, state and county elections. The poll list blanks forms and other election supplies shall be enclosed in the sealed package containing the official ballots and delivered to the municipal clerk.

Note: Replaces disfavored term.

AB938, s. 5 Section 5. 7.10 (3) (a) of the statutes is amended to read:

AB938,4,12 7.10 (3) (a) The county clerk shall distribute the ballots to the municipal clerks no later than 31 days before each September primary and general election and no later than 22 days before each other primary and election. Election blanks forms prepared by the board shall be distributed at the same time. If the board transmits an amended certification under s. 7.08 (2) (a) or if the board or a court orders a ballot error to be corrected under s. 5.06 (6) or 5.72 (3) after ballots have been distributed, the county clerk shall distribute corrected ballots to the municipal clerks as soon as possible.

Note: Replaces disfavored term.

AB938, s. 6 Section 6. 7.22 (3) of the statutes is amended to read:

AB938,4,17 7.22 (3) The municipal board of election commissioners shall prepare and furnish copies of all registrations, books, maps, instructions, and blanks forms pertaining to the rules for registration and conducting elections for the use and guidance of the election officials.

Note: Replaces disfavored term.

AB938, s. 7 Section 7. 7.25 (6) (b) of the statutes is renumbered 7.25 (6) (b) 1. (intro.) and amended to read:

AB938,4,21 7.25 (6) (b) 1. (intro.) Before opening the polls, they the election officials shall compare do all of the following:

AB938,5,3 a. Compare the ballots on the machines with the sample ballots furnished by the municipal clerk to ensure that the names, numbers, and letters thereon on the machine ballots and sample ballots agree; examine .

AB938,5,5 b. Examine the seal on each machine to see that it the seal has not been broken; and examine.

AB938,5,6 c. Examine the counter on each machine to see that each counter registers 000.

AB938,5,10 2. If any counter on any machine does not register 000, the counter number and the number showing on the counter shall be recorded, signed by all the election officials, and a copy shall be conspicuously posted by the inspectors at the polling place during polling hours.

Note: Subdivides long provision for improved readability and inserts specific references.

AB938, s. 8 Section 8. 7.51 (5) of the statutes is renumbered 7.51 (5) (a) and amended to read:

AB938,6,4 7.51 (5) (a) The inspectors shall make full and accurate return of the votes cast for each candidate and proposition on tally sheet blanks forms provided by the municipal clerk for the that 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.

AB938,6,13 (b) 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 shall retain ballots, statements, tally sheets, or envelopes shall retain them received by the clerk until destruction is authorized under s. 7.23 (1).

Note: Subdivides long provision for improved readability, replaces disfavored terms, and inserts specific references.

AB938, s. 9 Section 9. 7.60 (5) of the statutes is renumbered 7.60 (5) (a) and amended to read:

AB938,7,8 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver or send to the elections board, by 1st class mail, a certified copy of each statement of the county board of canvassers for president and vice president;, state officials;, senators and representatives in congress;, state legislators;, justice; , court of appeals judge;, circuit judge;, district attorney;, and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on blanks forms prescribed by the elections board the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the elections board no later than 7 days after each primary and no later than 10 days after any other election. The board of canvassers shall deliver or transmit a certified copy of each statement for any technical college district referendum to the secretary of the technical college district board.

AB938,7,18 (b) If the board of canvassers becomes aware of a material mistake in the canvass of an election for state or national office or a statewide or technical college district referendum prior to the close of business on the day the elections board receives returns from the last county board of canvassers with respect to that canvass, the board of canvassers may petition the elections board to reopen and correct the canvass. The elections board shall direct the canvass to be reopened and corrected if it determines that the public interest so requires. If the elections board directs the canvass to be reopened, the board of canvassers shall reconvene and transmit a certified corrected copy of the canvass statement to the elections board or secretary of the technical college district board.