SB110: Bill Text Engrossed

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

SB110-engrossed, s. 1 Section 1. 5.02 (15) of the statutes is amended to read:

SB110-engrossed,6,6 5.02 (15) "Polling place" means the actual location wherein the elector's vote is cast. "Polling place" does not include a satellite absentee voting station designated under s. 6.873 (1) or a nursing home, qualified retirement home, or qualified community-based residential facility where absentee voting is conducted under s. 6.875 (6).

SB110-engrossed, s. 2 Section 2. 5.05 (1) (e) of the statutes is amended to read:

SB110-engrossed,6,17 5.05 (1) (e) Delegate to its executive director the authority to issue a subpoena under par. (b), apply for a search warrant under par. (b), commence an action under par. (d), intervene in an action or proceeding under sub. (9), issue an order under s. 5.06, exempt a polling place or exempt a satellite absentee voting station designated under s. 6.873 (1) from accessibility requirements under s. 5.25 (4) (a), exempt a municipality from the requirement to use voting machines or an electronic voting system under s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such limitations as the board deems appropriate.

SB110-engrossed, s. 3 Section 3. 5.25 (4) (a) of the statutes is amended to read:

SB110-engrossed,7,3 5.25 (4) (a) Each polling place and each satellite absentee voting station designated under s. 6.873 (1) shall be accessible to elderly and handicapped individuals.

SB110-engrossed, s. 4 Section 4. 5.25 (4) (c) of the statutes is amended to read:

SB110-engrossed,7,7 5.25 (4) (c) The board may exempt a polling place or may exempt a satellite absentee voting station designated under s. 6.873 (1) from the requirement of par. (a) in accordance with guidelines prescribed by rule of the board.

SB110-engrossed, s. 5 Section 5. 5.35 (5) of the statutes is amended to read:

SB110-engrossed,7,15 5.35 (5) Activities restricted. No polling place or satellite absentee voting station designated under s. 6.873 (1) may be situated so as to interfere with or distract election officials from carrying out their duties. The municipal clerk and election inspectors shall prevent interference with and distraction of electors at polling places, and the special voting deputies shall prevent interference with and distraction of electors at satellite absentee voting stations designated under s. 6.873 (1).

SB110-engrossed, s. 6 Section 6. 5.35 (6) (a) (intro.) of the statutes is amended to read:

SB110-engrossed,7,21 5.35 (6) (a) (intro.) At each polling place and at each satellite absentee voting station designated under s. 6.873 (1) in the state, the municipal clerk or board of election commissioners shall post ensure that all of the following materials are posted, positioned so that they may be readily observed by electors entering the polling place, approaching the satellite station, or waiting in line to vote:

SB110-engrossed, s. 7 Section 7. 5.35 (6) (a) 3. of the statutes is amended to read:

SB110-engrossed,7,25 5.35 (6) (a) 3. Two sample ballots prepared under s. 5.66 (2), in the case of a polling place, and one sample ballot prepared under s. 5.66 (2), in the case of a satellite absentee voting station designated under s. 6.873 (1).

SB110-engrossed, s. 8 Section 8. 5.35 (6) (a) 4. of the statutes is created to read:

SB110-engrossed,8,2 5.35 (6) (a) 4. A sign containing all information required under s. 7.08 (5).

SB110-engrossed, s. 9 Section 9. 6.28 (title) of the statutes is repealed and recreated to read:

SB110-engrossed,8,4 6.28 (title) Open registration.

SB110-engrossed, s. 10 Section 10. 6.28 (1) of the statutes is amended to read:

SB110-engrossed,9,2 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.285, 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 permitted under s. 6.285 or 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. An elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.

SB110-engrossed, s. 11 Section 11. 6.285 of the statutes is created to read:

SB110-engrossed,9,14 6.285 Registration at satellite absentee voting stations. (1) Special registration deputy. Every municipal clerk or board of election commissioners that designates a satellite absentee voting station under s. 6.873 (1) shall appoint at least one qualified elector as a special registration deputy for the satellite location if registration is required in the municipality. The special registration deputy shall be able to read and write the English language, be capable, and be of good understanding, and may not be a candidate for any office to be voted for at an election at which he or she serves. The municipal clerk or board of election commissioners shall instruct the special registration deputy in the deputy's duties and responsibilities. The municipal clerk or board of election commissioners may revoke the deputy's appointment at any time.

SB110-engrossed,9,23 (2) Registration procedure. (a) Generally. Except as provided under par. (c), any qualified elector of a municipality where registration is required who is not registered or whose name does not appear on the registration list of the municipality may register in person at any satellite absentee voting station designated by the municipal clerk or board of election commissioners under s. 6.873 (1) at any time during which absentee ballots may be cast at the station. At the time of making a registration application under this subsection, an elector shall provide the special registration deputy with any authorization to cancel registration required under s. 6.40 (1) (b).

SB110-engrossed,9,25 (b) During late registration. 1. `Proof of residence.' Any elector who makes a registration application under par. (a) after the close of registration under s. 6.28 (1) shall present acceptable proof of residence as provided in s. 6.55 (7). If the elector does not present this proof, the elector's registration information shall be corroborated in a separate statement by another elector of the municipality. The corroborating elector shall then provide acceptable proof of residence under s. 6.55 (7). The statement shall be signed by the corroborating elector in the presence of the special registration deputy.

SB110-engrossed,10,24 2. `Voting procedure.' A qualified elector who completes a registration form under par. (a) and satisfies subd. 1. after the close of registration under s. 6.28 (1) may immediately vote by absentee ballot at the satellite absentee voting station under s. 6.873. If the registering elector does not wish to immediately vote by absentee ballot, the special registration deputy shall issue a certificate addressed to the inspectors of the proper ward or election district directing that the elector be permitted to cast his or her vote, unless the municipal clerk or board of election commissioners determines that the registration list will be revised to incorporate the registration in time for the election. The certificate shall be numbered serially and prepared in duplicate. At the time that he or she appears at the correct polling place, the elector shall deliver any certificate issued under this subdivision to the inspectors. Any certificate shall be annexed to any absentee ballot voted by the elector, other than an absentee ballot voted at the satellite absentee voting station immediately after completing the registration, and shall be delivered to the office of the municipal clerk along with the absentee ballot. The inspectors shall record the names of electors who present certificates in person or for whom certificates are presented with absentee ballots on the list maintained under s. 6.56 (1). These names shall then be added to the registration list if the electors are qualified.

SB110-engrossed,11,3 (c) Confidential registration. Any elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.

SB110-engrossed,11,21 (3) Completed registration forms, authorizations, and certificates. The special registration deputy shall promptly arrange the completed registration forms, authorizations to cancel registration, and certificates issued under sub. (2) (b) 2. in the manner specified by the municipal clerk or board of election commissioners. The special absentee voting deputy that has supervision under s. 6.873 (2) (d) over the satellite absentee voting station shall ensure that the registration forms, authorizations, and certificates are properly kept and shall promptly forward the forms, authorizations, and certificates to the municipal clerk or board of election commissioners in the manner specified by the municipal clerk or board of election commissioners. The municipal clerk or board of election commissioners shall file the registration forms as provided under s. 6.35, shall forward the authorizations as required under s. 6.40 (1) (b), and shall preserve the certificates in the same manner as certificates issued under s. 6.29 (2) (b). The municipal clerk or board of election commissioners may reject any incomplete or defective registration form or authorization received under this subsection and shall promptly notify each individual whose registration is rejected of the rejection and the reason for the rejection. A person whose registration is rejected under this subsection may reapply for registration if he or she is qualified.

SB110-engrossed, s. 12 Section 12. 6.29 (1) of the statutes is amended to read:

SB110-engrossed,12,2 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), 6.285, or 6.55 (2). 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.

SB110-engrossed, s. 13 Section 13. 6.32 (3) of the statutes is amended to read:

SB110-engrossed,12,8 6.32 (3) If the form is submitted later than the close of registration, the clerk shall make a good faith effort to notify the elector that he or she may register at the clerk's office under s. 6.29 or, at the proper polling place or other location designated under s. 6.55 (2), or, if applicable, at a satellite absentee voting station designated under s. 6.873 (1).

SB110-engrossed, s. 14 Section 14. 6.33 (1) of the statutes is amended to read:

SB110-engrossed,12,22 6.33 (1) The municipal clerk shall supply sufficient registration forms as prescribed by the board printed on loose-leaf sheets or cards to obtain from each applicant information as to name, date, residence location, citizenship, age, whether the applicant has resided within the ward or election district for at least 10 days, whether the applicant has lost his or her right to vote, and whether the applicant is currently registered to vote at any other location, and the forms shall provide a space for the applicant's signature. The forms shall also include a space for the identification serial number of any elector who is issued such a number under s. 6.47 (3). The forms shall also include a notice advising each elector of the effect of s. 6.03 (1) (b) and the fact that an elector who is disqualified from voting under that statute may not vote until his or her civil rights are restored. Each register of deeds shall obtain sufficient registration forms at the expense of the unit of government by which he or she is employed for completion by any elector who desires to register to vote.

SB110-engrossed, s. 15 Section 15. 6.33 (2) (b) of the statutes is amended to read:

SB110-engrossed,13,3 6.33 (2) (b) The registration form shall be signed by the registering elector and any corroborating elector under s. 6.29 (2) (a) 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, and that the elector, to the best of his or her knowledge, is eligible to vote.

SB110-engrossed, s. 16 Section 16. 6.40 (1) (a) of the statutes is amended to read:

SB110-engrossed,13,14 6.40 (1) (a) Within municipality. Any registered elector shall transfer registration after a change of residence within the municipality in which he or she is registered by appearing in person at the office of the municipal clerk or by mailing to the municipal clerk a signed request stating his or her present address, affirming that this will be the elector's residence for 10 days prior to the election, and providing the address where he or she was last registered. Alternatively, the elector may transfer his or her registration at a satellite absentee voting station designated under s. 6.873 (1) or at the proper polling place or other registration location under s. 6.02 (2) in accordance with s. 6.55 (2) (a). If an elector is voting at a former ward or election district, the change shall be effective for the next election.

SB110-engrossed, s. 17 Section 17. 6.40 (1) (c) of the statutes is amended to read:

SB110-engrossed,13,22 6.40 (1) (c) Name change. Whenever an elector's name is legally changed, including a change by marriage or divorce, the elector shall transfer his or her registration to his or her legal name by appearing in person at the office of the municipal clerk or mailing to the municipal clerk a signed request for a transfer of registration to such name. Alternatively, a registered elector may make notification of a name change at a satellite absentee voting station designated under s. 6.873 (1) or at his or her polling place under s. 6.55 (2) (d).

SB110-engrossed, s. 18 Section 18. 6.55 (2) (d) of the statutes is amended to read:

SB110-engrossed,14,5 6.55 (2) (d) A registered elector who has changed his or her name but resides at the same address, and has not notified the municipal clerk transferred his or her registration to his or her legal name under s. 6.40 (1) (c), shall notify the inspector of the change before voting. The inspector shall then notify the municipal clerk at the time which materials are returned under s. 6.56 (1). If an elector changes both a name and address, the elector shall complete a registration form at the polling place or other registration location under pars. (a) and (b).

SB110-engrossed, s. 19 Section 19. 6.56 (1) of the statutes is amended to read:

SB110-engrossed,14,10 6.56 (1) The list containing the names of persons voting under ss. 6.29 and s. 6.55 (2) and or (3) or persons voting after presenting a certificate issued under s. 6.285 (2) (b) 2. or 6.29 (2) (b) shall be returned together with all forms and certificates to the municipal clerk.

SB110-engrossed, s. 20 Section 20. 6.77 (1) of the statutes is amended to read:

SB110-engrossed,14,18 6.77 (1) An elector may vote only at the polling place for his or her residence designated by the governing body or board of election commissioners of the municipality where the elector resides, at a satellite absentee voting station designated under s. 6.873 (1) by the municipality where the elector resides, or at a nursing home, qualified retirement home, or qualified community-based residential facility where absentee voting is conducted under s. 6.875 (6) in the municipality where the elector resides.

SB110-engrossed, s. 22a Section 22a. 6.78 (1) of the statutes is amended to read:

SB110-engrossed,14,21 6.78 (1) In 1st, 2nd and 3rd class cities municipalities having a population of 8,000 or more, from 7 a.m. until 8 p.m.

SB110-engrossed, s. 23a Section 23a. 6.78 (2) of the statutes is amended to read:

SB110-engrossed,15,4 6.78 (2) In 4th class cities, villages and towns other municipalities, from 9 a.m. until 8 p.m.; extendable by the governing body to not earlier than 7 a.m. Notice of the change of hours shall be given by publication in a newspaper, under ch. 985, once each week for 2 successive weeks, with the first insertion not less than 8 days before the election. The new hours shall take effect only after the notice provisions have been complied with. When the ordinance applies to all future elections, notice need be given only for the first election affected by the change.

SB110-engrossed, s. 24 Section 24. 6.78 (3) of the statutes is repealed.

SB110-engrossed, s. 25 Section 25. 6.79 (2) of the statutes is amended to read:

SB110-engrossed,15,17 6.79 (2) Municipalities with registration. Except as provided in sub. (6) (b), 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), electors who are voting after presenting a certificate issued under s. 6.285 (2) (b) 2. or 6.29 (2) (b), 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 entered and shall be given a slip bearing such number.

SB110-engrossed, s. 26 Section 26. 6.86 (1) (a) 5. of the statutes is amended to read:

SB110-engrossed,15,20 6.86 (1) (a) 5. By delivering an application to a special voting deputy under s. 6.873 (4) or 6.875 (6).

SB110-engrossed, s. 27 Section 27. 6.86 (1) (ar) of the statutes is amended to read:

SB110-engrossed,16,2 6.86 (1) (ar) Except as authorized in s. ss. 6.873 (3) (b) and 6.875 (6), the municipal clerk shall not issue an absentee ballot unless the clerk receives a written application therefor from a qualified elector of the municipality. The clerk shall retain each absentee ballot application until destruction is authorized under s. 7.23 (1).

SB110-engrossed, s. 28 Section 28. 6.87 (3) (a) of the statutes is amended to read:

SB110-engrossed,16,7 6.87 (3) (a) Except as authorized under par. (d) and as otherwise provided in s. ss. 6.873 and 6.875, the municipal clerk shall mail the absentee ballot postage prepaid for return to the elector's residence unless otherwise directed, or shall deliver it to the elector personally at the clerk's office.

SB110-engrossed, s. 29 Section 29. 6.873 of the statutes is created to read:

SB110-engrossed,16,21 6.873 Absentee voting at satellite absentee voting stations. (1) Designation of satellite absentee voting stations. The municipal clerk or board of election commissioners of any municipality may designate any location, other than the office of the municipal clerk or board of election commissioners and other than a nursing or retirement home or community-based residential facility under s. 6.875, as a satellite absentee voting station where electors of the municipality may vote by absentee ballot. The municipal clerk or board of election commissioners may designate a station on private property only if the person who owns the property or otherwise has authority to consent to its use by the municipality consents to the designation and consents to the enforcement of s. 12.03 (2m) on property owned or controlled by the person. The municipal clerk or board of election commissioners may not designate a location as a satellite absentee voting station if there is a charge for the municipality to use the location.

SB110-engrossed,17,9 (2) Appointment of special voting deputies. (a) Appointment. The municipal clerk or board of election commissioners shall appoint at least one qualified elector as a special voting deputy to receive absentee ballots at each station established under sub. (1). The appointment shall be made without regard to political party affiliation. The special voting deputy shall be able to read and write the English language, be capable, and be of good understanding, and may not be a candidate for any office to be voted for at an election for which he or she serves. The governing body of the municipality may require a special voting deputy to have a general knowledge of the election laws. The municipal clerk or board of election commissioners may administer examinations to determine whether an individual qualifies for appointment under this paragraph. The municipal clerk or board of election commissioners shall instruct the special voting deputy in the deputy's duties and responsibilities.

SB110-engrossed,17,20 (b) Oath. Before performing his or her duties, each special voting deputy appointed under par. (a) shall file the oath required by s. 7.30 (5). In the oath, the individual shall swear that he or she is qualified to act as a deputy under this section, that he or she has read the statutes governing absentee voting, that he or she understands the proper absentee voting procedure, that he or she understands the penalties for noncompliance with the procedure under s. 12.13, that his or her sacred obligation will be to fully and fairly implement the absentee voting law and seek to have the intent of the electors ascertained. In addition, the oath shall state that the individual realizes that any error in conducting the voting procedure may result in invalidation of an elector's vote under s. 7.51 (2) (e) and that the individual realizes that absentee voting is a privilege and not a constitutional right.

SB110-engrossed,17,24 (c) Term of office. Except as otherwise provided in this paragraph, each special voting deputy appointed under par. (a) shall hold office for 2 years and until his or her successor is appointed and qualified. The municipal clerk or board of election commissioners may revoke a special voting deputy's appointment at any time.

SB110-engrossed,18,15 (d) Authority and duties. For the purpose of ensuring compliance with this section and s. 6.285, each special voting deputy appointed under par. (a) has supervision over the satellite absentee voting station to which he or she is dispatched under sub. (3) (a). The special voting deputy is subject to the supervision of the municipal clerk or board of election commissioners. The special voting deputy has full authority to maintain order and to enforce obedience to his or her lawful commands at any time during which absentee ballots may be cast at the station. The special voting deputy shall prevent any person from taking notice of how another person has voted, except when assistance is given under s. 6.87 (5). The special voting deputy shall enforce s. 5.35 (5) and prevent electioneering from taking place in violation of s. 12.03 (1m) or (2m). If any person refuses to obey the lawful commands of a special voting deputy, is disorderly in the presence or hearing of the special voting deputy, or interrupts or disturbs the proceedings, the special voting deputy may order any law enforcement officer to remove the person from the voting area or to take the person into custody.

SB110-engrossed,18,23 (3) Operation of satellite absentee voting stations. (a) Operation. The municipal clerk or board of election commissioners may dispatch a special voting deputy appointed under sub. (2) to a satellite absentee voting station designated under sub. (1) for the purpose of permitting qualified electors of the municipality to vote by absentee ballot at that station. No station may be open for purposes of this subsection or s. 6.285 at any time before the official absentee ballots for the applicable election are prepared under s. 7.15 (1) (cm) or at any time after 5 p.m. on the day before the election.

SB110-engrossed,19,5 (b) Supplies for satellite absentee voting stations. The municipal clerk or board of election commissioners shall issue a supply of absentee ballots to the special voting deputy that is sufficient to provide for the number of valid applications that the clerk or board of election commissioners reasonably expects will be made at the satellite absentee voting station. The municipal clerk or board of election commissioners shall keep a careful record of all ballots issued to the deputy and shall require the deputy to return every ballot that he or she is issued.

SB110-engrossed,19,8 (4) Absentee voting procedure. (a) Registration. Where registration is required, a qualified elector may register under s. 6.285 (2) at the satellite absentee voting station.

SB110-engrossed,19,21 (b) Voting. The special voting deputy shall personally offer any qualified elector of the municipality, served by the deputy, who makes a proper application with the deputy the opportunity to cast his or her absentee ballot. The deputy shall write on the official ballot, in the space for the official endorsement, his or her initials and official title. The elector and a witness shall then make and subscribe to the certification on the certificate envelope and the elector shall vote the ballot in the manor prescribed in s. 6.87 (4). The elector may receive assistance in marking or punching the ballot as approved in s. 6.87 (5). Notwithstanding s. 6.87 (4), the elector shall then seal the ballot inside the certificate envelope and give the sealed certificate envelope containing the ballot to the deputy. The deputy shall promptly forward the sealed certificate envelope containing each ballot to the municipal clerk or board of election commissioners in the manner specified by the municipal clerk or board of election commissioners.

SB110-engrossed, s. 30 Section 30. 6.88 (3) (a) of the statutes is amended to read:

SB110-engrossed,20,12 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 the same as if the elector had been present and voted in person.

SB110-engrossed, s. 31 Section 31. 7.03 (1) (d) of the statutes is amended to read:

SB110-engrossed,20,17 7.03 (1) (d) Special registration deputies appointed under s. 6.285 (1) or 6.55 (6), special voting deputies appointed under s. 6.873 (2) or 6.875 (4), and officials and trainees who attend training sessions under s. 7.15 (1) (e) or 7.25 (5) may be compensated at the option of the municipality.

SB110-engrossed, s. 32 Section 32. 7.08 (5) of the statutes is created to read:

SB110-engrossed,20,23 7.08 (5) Notice of voter eligibility requirements. Prescribe by rule the form and content of a sign, to be posted under s. 5.35 (6) (a) 4. at each polling place, for the purpose of notifying electors of the voter eligibility requirements under the laws of this state, including voter eligibility requirements applicable to individuals who have been convicted of felonies and applicable to immigrants.

SB110-engrossed, s. 33 Section 33. 7.15 (1) (e) of the statutes is amended to read:

SB110-engrossed,21,10 7.15 (1) (e) Instruct election officials in their duties, calling them together whenever advisable,; advise them of the voter eligibility requirements under the laws of this state, including voter eligibility requirements applicable to individuals who have been convicted of felonies and applicable to immigrants, and of changes in laws, rules, and procedures affecting the performance of their duties,; and administer examinations as authorized under s. 7.30 (2) (c). The clerk shall assure that officials who serve at polling places where an electronic voting system is used are familiar with the system and competent to instruct electors in its proper use. The clerk shall inspect systematically and thoroughly the conduct of elections in the municipality so that elections are honestly, efficiently, and uniformly conducted.

SB110-engrossed, s. 34 Section 34. 7.30 (2) (a) of the statutes is amended to read:

SB110-engrossed,22,7 7.30 (2) (a) Only election officials appointed under this section or s. 6.285 or 6.873 may conduct an election. Except as authorized in s. 7.15 (1) (k), each inspector shall be a qualified elector in the ward for which the polling place is established. Special registration deputies appointed under s. 6.55 (6) and election officials appointed under this section serving more than one ward or when necessary to fill a vacancy under par. (b) need not be a resident of that ward, but shall be a resident of the municipality. Special registration deputies appointed under s. 6.55 (6) may be appointed to serve more than one polling place. All officials appointed under this section shall be able to read and write the English language, be capable, be of good understanding, and may not be a candidate for any office to be voted for at an election at which they serve. In 1st class cities, they may hold no public office other than notary public. Except as authorized under sub. (4) (c), all inspectors shall be affiliated with one of the 2 recognized political parties which received the largest number of votes for president, or governor in nonpresidential general election years, in the ward or combination of wards served by the polling place at the last election. The party which received the largest number of votes is entitled to one more inspector than the party receiving the next largest number of votes at each polling place. The same election officials appointed under this section may serve the electors of more than one ward where wards are combined under s. 5.15 (6) (b). If a municipality is not divided into wards, the ward requirements in this paragraph apply to the municipality at large.

SB110-engrossed, s. 35 Section 35. 7.30 (2) (b) of the statutes is amended to read:

SB110-engrossed,22,19 7.30 (2) (b) When a vacancy occurs in an office under this section, the vacancy shall be filled by appointment of the municipal clerk. The vacancy shall be filled from the remaining names on the lists submitted under sub. (4) or from additional names submitted by the chairperson of the county party committee of the appropriate party under sub. (4) whenever names are submitted under sub. (4) (d). If the vacancy is due to candidacy, sickness or any other temporary cause, the appointment shall be a temporary appointment and effective only for the election at which the temporary vacancy occurs. The same qualifications shall be required of persons who fill vacancies. Vacancies may be filled in cases of emergency or because of time limitations by a person from another aldermanic district or ward within the municipality.

SB110-engrossed, s. 36 Section 36. 7.30 (6) (c) of the statutes is amended to read:

SB110-engrossed,23,2 7.30 (6) (c) If any election official appointed under this section lacks the qualifications set forth in this section, fails to attend training sessions required under s. 7.15 (1) (e) unless excused therefrom, is guilty of neglecting his or her official duties or commits official misconduct, the municipal clerk or board of election commissioners shall summarily remove the official from office and the vacancy shall be filled under sub. (2) (b).

SB110-engrossed, s. 37 Section 37. 7.33 (3) of the statutes is amended to read:

SB110-engrossed,23,9 7.33 (3) Every employer shall grant to each employee who is appointed to serve as an election official under s. 7.30 a leave of absence for the entire 24-hour period of each election day in which the official serves in his or her official capacity. An employee who serves as an election official shall provide his or her employer with at least 7 days' notice of application for a leave. The municipal clerk shall verify appointments upon request of any employer.

SB110-engrossed, s. 38 Section 38. 7.33 (4) of the statutes is amended to read:

SB110-engrossed,23,21 7.33 (4) Each Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), and without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and shall not impose without any other penalty upon an employee who serves as an election official. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

SB110-engrossed, s. 39 Section 39. 7.33 (5) of the statutes is renumbered 7.33 (5) (a).

SB110-engrossed, s. 40 Section 40. 7.33 (5) (b) of the statutes is created to read: