SB110: Bill Text

SB110,13,3 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, s. 17 Section 17. 6.40 (1) (c) of the statutes is amended to read:

SB110,13,11 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, s. 18 Section 18. 6.55 (2) (d) of the statutes is amended to read:

SB110,13,19 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, s. 19 Section 19. 6.56 (1) of the statutes is amended to read:

SB110,13,24 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, s. 20 Section 20. 6.77 (1) of the statutes is amended to read:

SB110,14,7 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, s. 21 Section 21. 6.78 (intro.) of the statutes is renumbered 6.78 (1m) and amended to read:

SB110,14,10 6.78 (1m) The polls at any every election shall be open: from 7 a.m. until 8 p.m.

SB110, s. 22 Section 22. 6.78 (1) of the statutes is repealed.

SB110, s. 23 Section 23. 6.78 (2) of the statutes is repealed.

SB110, s. 24 Section 24. 6.78 (3) of the statutes is repealed.

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

SB110,14,25 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, s. 26 Section 26. 6.86 (1) (a) 5. of the statutes is amended to read:

SB110,15,3 6.86 (1) (a) 5. By delivering an application to a special voting deputy under s. 6.873 (4) or 6.875 (6).

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

SB110,15,9 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, s. 28 Section 28. 6.87 (3) (a) of the statutes is amended to read:

SB110,15,14 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, s. 29 Section 29. 6.873 of the statutes is created to read:

SB110,16,3 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.

SB110,16,16 (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.

SB110,17,2 (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.

SB110,17,6 (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.

SB110,17,21 (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.

SB110,18,4 (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.

SB110,18,11 (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.

SB110,18,14 (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.

SB110,19,2 (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, s. 30 Section 30. 6.88 (3) (a) of the statutes is amended to read:

SB110,19,18 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, s. 31 Section 31. 7.03 (1) (d) of the statutes is amended to read:

SB110,19,23 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, s. 32 Section 32. 7.08 (5) of the statutes is created to read:

SB110,20,5 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, s. 33 Section 33. 7.15 (1) (e) of the statutes is amended to read:

SB110,20,16 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, s. 34 Section 34. 7.30 (2) (a) of the statutes is amended to read:

SB110,21,13 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, s. 35 Section 35. 7.30 (2) (b) of the statutes is amended to read:

SB110,21,25 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, s. 36 Section 36. 7.30 (6) (c) of the statutes is amended to read:

SB110,22,7 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, s. 37 Section 37. 7.33 (3) of the statutes is amended to read:

SB110,22,14 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, s. 38 Section 38. 7.33 (4) of the statutes is amended to read:

SB110,23,2 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, s. 39 Section 39. 7.33 (5) of the statutes is renumbered 7.33 (5) (a).

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

SB110,23,19 7.33 (5) (b) Except as otherwise provided in this paragraph, any employee of a local governmental unit, as defined in s. 16.97 (7), who obtains a paid leave of absence under sub. (4) in order to serve as an election official under s. 7.30, shall certify in writing to the head of the local governmental unit by which he or she is employed the amount of compensation that the employee receives for the service. Except as otherwise provided in this paragraph, upon receipt of the certification, the head of the local governmental unit shall deduct that amount from the employee's pay earned for scheduled working hours during the period specified in sub. (2) when the employee is on a paid leave of absence. If the local governmental unit is also the employer for purposes of the employee's service as an election official, the local governmental unit may require the employee, before the service begins, to assign his or her interest in any compensation earned for the service to the local governmental unit. If the employee makes this assignment, he or she need not make the certification required under this paragraph and the employer may not make the deduction required under this paragraph.

SB110, s. 41 Section 41. 7.37 (2) of the statutes is amended to read:

SB110,24,5 7.37 (2) Preserve order. The inspectors shall possess full authority to maintain order and to enforce obedience to their lawful commands during the election and the canvass of the votes. They shall permit only one person in a voting booth at a time and shall prevent any person from taking notice of how another person has voted, except when assistance is given under s. 6.82. They shall enforce s. 5.35 (5) and prevent electioneering from taking place in violation of s. 12.03 (1) or (2). If any person refuses to obey the lawful commands of an inspector, or is disorderly in the presence or hearing of the inspectors, interrupts or disturbs the proceedings, they may order any law enforcement officer to remove the person from the voting area or to take the person into custody.

SB110, s. 42 Section 42. 7.41 (1) of the statutes is amended to read:

SB110,24,12 7.41 (1) Any member of the public may be present at any polling place or at any satellite absentee voting station designated under s. 6.873 (1) for the purpose of observation of an election, except a candidate at that election. The chief inspector at the polling place or a special voting deputy at the station may reasonably limit the number of persons representing the same organization who are permitted to observe an election at the same time.

SB110, s. 43 Section 43. 7.41 (2) of the statutes is amended to read:

SB110,24,20 7.41 (2) The chief inspector at a polling place or a special voting deputy at a satellite absentee voting station may restrict the location of any individual exercising the right under sub. (1) to certain areas within a the polling place or station. The chief inspector or special voting deputy shall clearly designate such an area as an observation area. Designated observation areas shall be so positioned to permit any authorized individual to readily observe all public aspects of the voting process.

SB110, s. 44 Section 44. 7.41 (3) (intro.) of the statutes is amended to read:

SB110,24,24 7.41 (3) (intro.) The chief inspector or special voting deputy may order the removal of any individual exercising the right under sub. (1) if that individual commits an overt act which:

SB110, s. 45 Section 45. 7.41 (3) (a) of the statutes is amended to read:

SB110,25,2 7.41 (3) (a) Disrupts the operation of the polling place or satellite absentee voting station; or

SB110, s. 46 Section 46. 7.41 (3) (b) of the statutes is amended to read:

SB110,25,4 7.41 (3) (b) Violates s. 12.03 (2) or (2m).

SB110, s. 47 Section 47. 12.03 (title) of the statutes is amended to read:

SB110,25,6 12.03 (title) Election day Restricted campaigning restricted.

SB110, s. 48 Section 48. 12.03 (1) of the statutes is amended to read:

SB110,25,10 12.03 (1) No election official may engage in electioneering on election day. This subsection dose not apply to an election official who is appointed under s. 6.285 or 6.873 and is not serving as an election official on election day.

SB110, s. 49 Section 49. 12.03 (1m) of the statutes is created to read:

SB110,25,14 12.03 (1m) No election official appointed under s. 6.285 or 6.873 may engage in electioneering at a satellite absentee voting station designated under s. 6.873 (1) on any day during which absentee ballots may be cast at the station.

SB110, s. 50 Section 50. 12.03 (2m) of the statutes is created to read:

SB110,25,21 12.03 (2m) (a) No person may engage in electioneering within any building, or at the doors to any building, in which a satellite absentee voting station is designated under s. 6.873 (1) on any day during which absentee ballots may be cast at the station. This paragraph applies to electioneering on private property only if the property is owned or controlled by the person who consented under s. 6.873 (1) to the designation of the station.

SB110,26,3 (b) Except as otherwise provided in this subsection, no person may engage in electioneering within 100 feet of a satellite absentee voting station that is designated under s. 6.873 (1) and that is not located within a building on any day during which absentee ballots may be cast at the station. This paragraph applies to electioneering on private property only if the property is owned or controlled by the person who consented under s. 6.873 (1) to the designation of the station. This paragraph does not apply to the placement of any material on the bumper of a motor vehicle.

SB110, s. 51 Section 51. 12.07 (2) of the statutes is amended to read:

SB110,26,7 12.07 (2) No employer may refuse to allow an employee to serve as an election official under s. 7.30 or make any threats or offer any inducements of any kind to the employee for the purpose of preventing the employee from so serving.

SB110, s. 52 Section 52. 12.13 (3) (x) of the statutes is amended to read:

SB110,26,13 12.13 (3) (x) Refuse to obey a lawful order of an inspector or special voting deputy made for the purpose of enforcing the election laws; engage in disorderly behavior at or near a polling place or at or near a satellite absentee voting station designated under s. 6.873 (1); or interrupt or disturb the voting or canvassing proceedings.

SB110, s. 53 Section 53. 17.29 of the statutes is amended to read:

SB110,26,21 17.29 Effect of chapter. The provisions of this chapter supersede all contrary provisions in either the general law or in special acts, except ch. 7 ss. 6.26 (2) (b), 6.28 (2) (b), 6.285, 6.873, 6.875, and 7.30 relating to appointed election officers appointed for the election wards or polling places in the state officials and ch. 21 relating to the military staff of the governor and to officers of the Wisconsin national guard; and shall govern all offices whether created by general law or special act, unless otherwise specially provided.

SB110, s. 54 Section 54. 19.32 (1c) of the statutes is amended to read:

SB110,27,2 19.32 (1c) "Incarcerated person" means a person who is incarcerated in a penal facility or who is placed on probation and given confinement under s. 973.09 (4) (a) as a condition of placement, during the period of confinement for which the person has been sentenced.

SB110, s. 55 Section 55. 20.921 (2) (b) of the statutes is amended to read:

SB110,27,8 20.921 (2) (b) The head of each state agency or the chief executive officer of the University of Wisconsin Hospitals and Clinics Authority shall deduct from the salary of any employee the amount certified under s. 7.33 (5) (a) which is received by the employee for service as an election official while the employee is on a paid leave of absence under s. 7.33 (3).

SB110, s. 56 Section 56. 67.05 (3) (f) of the statutes is amended to read:

SB110,28,2 67.05 (3) (f) If a special purpose district calls a referendum to be held in conjunction with a state, county, municipal, or judicial election, the polling places for the state, county, municipal, or judicial election shall be the polling places for the special purpose district referendum and the municipal election hours shall apply. If no state, county, municipal, or judicial election is held on the day of the special purpose district referendum, the governing body of the special purpose district may set the election hours and select the polling places to be used, except as otherwise provided in s. 120.06 (9) (b) in the case of a school district. If a polling place located in the special purpose district that was utilized at the most recent spring or general election is not utilized by the special purpose district, the governing body of the special purpose district shall post a notice on the door of the polling place indicating all polling places open for voting. Election hours set by the governing body of the special purpose district for each polling place shall be the same as those provided by the governing body of the municipality in which the polling place is located, except that if the opening hour is later than 7 a.m., the governing body of the special purpose district may extend the opening hour to not earlier than 7 a.m. The municipal clerk of each municipality in which a polling place is located shall provide the necessary equipment to operate the polling place.

SB110, s. 57 Section 57. 111.93 (3) of the statutes is amended to read:

SB110,28,12 111.93 (3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d), 230.35 (3) (e) 6., and 230.88 (2) (b), if a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

SB110, s. 58 Section 58. 120.06 (9) (a) of the statutes is amended to read: