LRB-5080/1
BEM:cjs:pg
2001 - 2002 LEGISLATURE
May 1, 2002 - Introduced by Law Revision Committee. Referred to Committee on
Rules.
AB938,1,5
1An Act relating to: repealing, consolidating, renumbering, amending and
2revising various provisions of the statutes for the purpose of correcting errors,
3supplying omissions, correcting, and clarifying references, and eliminating
4defects, anachronisms, conflicts, ambiguities, and obsolete provisions
5(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
1Section
1. 6.18 (form) of the statutes is amended to read:
AB938,2,5
26.18 (form) This
blank form shall be returned to the municipal clerk's office.
3Application must be received in sufficient time for ballots to be mailed and returned
4prior to any presidential election at which applicant wishes to vote. Complete all
5statements in full.
AB938,2,66
APPLICATION FOR PRESIDENTIAL
AB938,2,77
ELECTOR'S ABSENT BALLOT
AB938,2,88
(To be voted at the Presidential Election
AB938,2,99
on November ...., .... (year)
AB938,2,1810
I, .... hereby swear or affirm that I am a citizen of the United States, formerly
11residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County
12of .... for 10 days prior to leaving the State of Wisconsin. I, .... do solemnly swear or
13affirm that I do not qualify to register or vote under the laws of the State of ....(State
14you now reside in) where I am presently residing. A citizen must be a resident of:
15State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time),
16in order to be eligible to register or vote therein. I further swear or affirm that my
17legal residence was established in the State of ....(the State where you now reside)
18on .... Month .... Day .... Year.
AB938,2,2020
Address ....(Present address)
AB938,2,2121
....(City) ....(State)
AB938,2,2222
Subscribed and sworn to before me this .... day of .... .... (year)
AB938,2,2323
....(Notary Public, or other officer authorized to administer oaths.)
AB938,2,2424
....(County)
AB938,2,2525
My Commission expires
AB938,3,1
1MAIL BALLOT TO:
AB938,3,44
CITY .... STATE .... ZIP CODE ....
AB938,3,8
5Penalties for Violations. Whoever swears falsely to any absent elector affidavit
6under this section may be fined not more than $1,000 or imprisoned not more than
76 months, or both. Whoever intentionally votes more than once in an election may
8be fined not more than $10,000 or imprisoned not more than 3 years, or both.
AB938,3,99
....(Municipal Clerk)
AB938,3,1010
....(Municipality)
Note: Replaces disfavored term.
AB938, s. 2
11Section
2. 7.08 (1) (title) of the statutes is amended to read:
AB938,3,1212
7.08
(1) (title)
Election forms, blanks, voting apparatus.
Note: Replaces disfavored term.
AB938, s. 3
13Section
3. 7.08 (1) (b) of the statutes is amended to read:
AB938,3,1914
7.08
(1) (b) Prescribe the necessary standard sample
blanks forms and ballot
15containers to make the canvass, returns, statements and tally sheet statements for
16all elections the results of which are reportable to the board under s. 7.60 (4) (a), and
17all other materials as it deems necessary to conduct the elections. The sample
blanks 18forms shall contain the necessary certificates of the inspectors and canvassers with
19notes explaining their use and statutory basis.
Note: Replaces disfavored term.
AB938, s. 4
20Section
4. 7.10 (1) (b) of the statutes is amended to read:
AB938,4,321
7.10
(1) (b) The county clerk shall supply sufficient poll list
blanks forms for
22municipalities that do not have elector registration and other election supplies for
1national, state and county elections. The poll list
blanks forms and other election
2supplies shall be enclosed in the sealed package containing the official ballots and
3delivered to the municipal clerk.
Note: Replaces disfavored term.
AB938, s. 5
4Section
5. 7.10 (3) (a) of the statutes is amended to read:
AB938,4,125
7.10
(3) (a) The county clerk shall distribute the ballots to the municipal clerks
6no later than 31 days before each September primary and general election and no
7later than 22 days before each other primary and election. Election
blanks forms 8prepared by the board shall be distributed at the same time. If the board transmits
9an amended certification under s. 7.08 (2) (a) or if the board or a court orders a ballot
10error to be corrected under s. 5.06 (6) or 5.72 (3) after ballots have been distributed,
11the county clerk shall distribute corrected ballots to the municipal clerks as soon as
12possible.
Note: Replaces disfavored term.
AB938, s. 6
13Section
6. 7.22 (3) of the statutes is amended to read:
AB938,4,1714
7.22
(3) The municipal board of election commissioners shall prepare and
15furnish copies of all registrations, books, maps, instructions
, and
blanks forms 16pertaining to the rules for registration and conducting elections for the use and
17guidance of the election officials.
Note: Replaces disfavored term.
AB938, s. 7
18Section
7. 7.25 (6) (b) of the statutes is renumbered 7.25 (6) (b) 1. (intro.) and
19amended to read:
AB938,4,2120
7.25
(6) (b) 1. (intro.) Before opening the polls,
they the election officials shall
21compare do all of the following:
AB938,5,3
1a. Compare the ballots on the machines with the sample ballots furnished by
2the municipal clerk to ensure that the names, numbers
, and letters
thereon on the
3machine ballots and sample ballots agree
; examine
.
AB938,5,5
4b. Examine the seal on each machine to see that
it the seal has not been broken
;
5and examine.
AB938,5,6
6c. Examine the counter on each machine to see that each
counter registers 000.
AB938,5,10
72. If any counter on any machine does not register 000, the counter number and
8the number showing on the counter shall be recorded, signed by all the election
9officials
, and a copy shall be conspicuously posted by the inspectors at the polling
10place during polling hours.
Note: Subdivides long provision for improved readability and inserts specific
references.
AB938, s. 8
11Section
8. 7.51 (5) of the statutes is renumbered 7.51 (5) (a) and amended to
12read:
AB938,6,413
7.51
(5) (a) The inspectors shall make full and accurate return of the votes cast
14for each candidate and proposition on tally sheet
blanks forms provided by the
15municipal clerk for
the that purpose. Each tally sheet shall record the returns for
16each office or referendum by ward, unless combined returns are authorized in
17accordance with s. 5.15 (6) (b) in which case the tally sheet shall record the returns
18for each group of combined wards. After recording the votes, the inspectors shall seal
19in a carrier envelope outside the ballot bag or container one inspectors' statement
20under sub. (4) (a), one tally sheet
, and one poll or registration list for delivery to the
21county clerk, unless the election relates only to municipal or school district offices or
22referenda. The inspectors shall also similarly seal one inspectors' statement, one
23tally sheet
, and one poll or registration list for delivery to the municipal clerk. For
1school district elections, except in 1st class cities, the inspectors shall similarly seal
2one inspectors' statement, one tally sheet
, and one poll or registration list for delivery
3to the school district clerk. The inspectors shall immediately deliver all ballots,
4statements, tally sheets, lists
, and envelopes to the municipal clerk.
AB938,6,13
5(b) The municipal clerk shall arrange for delivery of all ballots, statements,
6tally sheets, lists
, and envelopes relating to a school district election to the school
7district clerk. The municipal clerk shall deliver the ballots, statements, tally sheets,
8lists
, and envelopes for his or her municipality relating to any county, technical
9college district, state
, or national election to the county clerk by 2 p.m. on the day
10following each such election. The person delivering the returns shall be paid out of
11the municipal treasury. Each clerk
receiving shall retain ballots, statements, tally
12sheets
, or envelopes
shall retain them received by the clerk until destruction is
13authorized under s. 7.23 (1).
Note: Subdivides long provision for improved readability, replaces disfavored
terms, and inserts specific references.
AB938, s. 9
14Section
9. 7.60 (5) of the statutes is renumbered 7.60 (5) (a) and amended to
15read:
AB938,7,816
7.60
(5) (a) Immediately following the canvass
, the county clerk shall deliver
17or send to the elections board, by 1st class mail, a certified copy of each statement of
18the county board of canvassers for president and vice president
;, state officials
;, 19senators and representatives in congress
;, state legislators
;, justice
;
, court of appeals
20judge
;, circuit judge
;, district attorney
;, and metropolitan sewerage commissioners,
21if the commissioners are elected under s. 200.09 (11) (am). The statement shall
22record the returns for each office or referendum by ward, unless combined returns
23are authorized under s. 5.15 (6) (b) in which case the statement shall record the
1returns for each group of combined wards. Following primaries the county clerk
2shall enclose on
blanks forms prescribed by the elections board the names, party or
3principle designation, if any, and number of votes received by each candidate
4recorded in the same manner. The county clerk shall deliver or transmit the certified
5statement to the elections board no later than 7 days after each primary and no later
6than 10 days after any other election. The board of canvassers shall deliver or
7transmit a certified copy of each statement for any technical college district
8referendum to the secretary of the technical college district board.
AB938,7,18
9(b) If the board of canvassers becomes aware of a material mistake in the
10canvass of an election for state or national office or a statewide or technical college
11district referendum prior to the close of business on the day the elections board
12receives returns from the last county board of canvassers with respect to that
13canvass, the board of canvassers may petition the elections board to reopen and
14correct the canvass. The elections board shall direct the canvass to be reopened and
15corrected if it determines that the public interest so requires. If the elections board
16directs the canvass to be reopened, the board of canvassers shall reconvene and
17transmit a certified corrected copy of the canvass statement to the elections board or
18secretary of the technical college district board.
Note: Subdivides long provision for improved readability and replaces disfavored
terms and unnecessary semicolons.
AB938, s. 10
19Section
10. 10.64 (2) (f) 2. of the statutes is amended to read:
AB938,7,2220
10.64
(2) (f) 2. 22 days before the spring primary, the county clerk distributes
21ballots and
blanks forms prescribed by the board to the municipal clerks in the
22county. See s. 7.10 (3) (a).