Amendment AA2-AB64

AB64-AA2,12,14 6.87 (6) The ballot shall be returned so it is received by the municipal clerk in time for delivery to the polls before the closing hour on election day, or if an election is held on more than one day, on the last day the election is held. Any ballot not mailed or delivered as provided in this subsection may not be counted.

AB64-AA2, s. 4g Section 4g. 6.875 (6) of the statutes is amended to read:

AB64-AA2,14,6 6.875 (6) Special voting deputies in each municipality shall, not later than 5 p.m. on the Friday preceding an election, arrange one or more convenient times with the administrator of each nursing home, qualified retirement home, and qualified community-based residential facility in the municipality from which one or more occupants have filed an application under s. 6.86 to conduct absentee voting for the election. The time may be no earlier than the 4th Monday preceding the election and no later than 5 p.m. on the Monday preceding the election, or if the election is held on more than one day, on the Monday preceding the last day that an election is held. Upon request of a relative of an occupant of a nursing home or qualified retirement home or qualified community-based residential facility, the administrator may notify the relative of the time or times at which special voting deputies will conduct absentee voting at the home or facility, and permit the relative to be present in the room where the voting is conducted. At the designated time, 2 deputies appointed under sub. (4) shall visit the home or facility. The municipal clerk or executive director of the board of election commissioners shall issue a supply of absentee ballots to the deputies sufficient to provide for the number of valid applications received by the clerk, and a reasonable additional number of ballots. The municipal clerk or executive director shall keep a careful record of all ballots issued to the deputies and shall require the deputies to return every ballot issued to them. The deputies shall personally offer each elector who has filed a proper application the opportunity to cast his or her absentee ballot. If an elector is present who has not filed a proper application, the 2 deputies may accept an application from the elector and shall issue a ballot to the elector if the elector is qualified and the application is proper. The deputies shall each witness the certification and may, upon request of the elector, assist the elector in marking the elector's ballot. Upon request of the elector, a relative of the elector who is present in the room may assist the elector in marking the elector's ballot. All voting shall be conducted in the presence of the deputies. No individual other than a deputy may witness the certification and no individual other than a deputy or relative of an elector may render voting assistance to the elector. Upon completion of the voting, the deputies shall promptly deliver, either personally or by 1st class mail, any absentee ballot applications and the sealed certificate envelope containing each ballot to the clerk or board of election commissioners of the municipality in which the elector casting the ballot resides, within such time as will permit delivery to the polling place serving the elector's residence on election day or if the election is held more than one day, no later than noon on the last day that the election is held. Personal delivery may be made by the deputies no later than noon on election day. If a qualified elector is not able to cast his or her ballot on 2 separate visits by the deputies to the home or facility, they shall so inform the municipal clerk or executive director of the board of election commissioners, who may then send the ballot to the elector no later than 5 p.m. on the Friday preceding the election.

AB64-AA2, s. 4h Section 4h. 6.94 of the statutes is amended to read:

AB64-AA2,14,25 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 at least 10 days prior to this election have been a resident of this ward, or if this election is held on more than one day, for at least 10 days prior to the last day on which this election is held 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, 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.

AB64-AA2, s. 4i Section 4i. 6.97 (3) of the statutes is amended to read:

AB64-AA2,15,17 6.97 (3) Whenever the municipal clerk or executive director of the municipal board of election commissioners is informed by the inspectors that a ballot has been cast under this section, the clerk or executive director shall promptly provide written notice to the board of canvassers of each municipality, special purpose district, and county that is responsible for canvassing the election of the number of ballots cast under this section in each ward or election district. The municipal clerk or executive director then shall determine whether each individual voting under this section is qualified to vote in the ward or election district where the individual's ballot is cast. The municipal clerk or executive director shall make a record of the procedure used to determine the validity of each ballot. If, prior to 4 p.m. on the day after the election, or if the election is held on more than one day, prior to 4 p.m. on the day after the last day that the election is held, the municipal clerk or executive director determines that the individual is qualified to vote in the ward or election district where the individual's ballot is cast, the municipal clerk or executive director shall notify the board of canvassers for each municipality, special purpose district and county that is responsible for canvassing the election of that fact.

AB64-AA2, s. 4j Section 4j. 7.08 (9) of the statutes is created to read:

AB64-AA2,15,22 7.08 (9) Securing ballots and other materials. Prescribe secure procedures for ensuring that ballots and other materials are not tampered with during the nights between the days on which any election is held, and instruct municipal clerks and election officials in carrying out those procedures.

AB64-AA2, s. 4k Section 4k. 7.10 (3) (a) of the statutes is amended to read:

AB64-AA2,16,7 7.10 (3) (a) The county clerk shall distribute the ballots to the municipal clerks no later than 31 days before the last day that each September primary and general election is held and no later than 22 days before each other primary and election is held or, if the other primary or election is held on more than one day, at least 22 days before the last day that the primary or election is held. Election 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.

AB64-AA2, s. 4L Section 4L. 7.15 (1) (cm) of the statutes is amended to read:

AB64-AA2,16,16 7.15 (1) (cm) Prepare official absentee ballots for delivery to electors requesting them, and send an official absentee ballot to each elector who has requested one no later than the 30th day before the last day that each September primary and general election is held and no later than the 21st day before each other primary and election is held or, if the other primary or election is held on more than one day, no later than the 21st day before the primary or election is held if the request is made before that day; otherwise, the municipal clerk shall send an official absentee ballot within one day of the time the elector's request is received.

AB64-AA2, s. 4m Section 4m. 7.25 (2) of the statutes is amended to read:

AB64-AA2,16,23 7.25 (2) Under the direction of the municipal clerk, the custodian shall label or insert, set, adjust, put in order and deliver the machines with all necessary furniture and appliances to the rooms where the election will be held for each ward at least one hour before the time set for opening the polls on election day or, if an election is held on more than one day, at least one hour before the time set for opening the polls on the first day that the election is held.

AB64-AA2, s. 4n Section 4n. 7.33 (3) of the statutes is amended to read:

AB64-AA2,17,7 7.33 (3) Every employer shall grant to each employee who is appointed to serve as an election official 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, or if an election is held on more than one day, for the entire 72-hour period of the days on which the election is held. 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.

AB64-AA2, s. 4p Section 4p. 7.37 (13) of the statutes is created to read:

AB64-AA2,17,13 7.37 (13) Secure ballots and other materials. Whenever an election is held on more than one day, before leaving the polling place on any night other than the night of the final day that the election is held, the inspectors shall secure all ballots and other materials in accordance with instructions received from the municipal clerk.

AB64-AA2, s. 4q Section 4q. 7.51 (1) of the statutes is amended to read:

AB64-AA2,18,3 7.51 (1) Canvass procedure. Immediately after the polls close on election day, or if an election is held on more than one day, on the last day that the election is held the inspectors shall proceed to canvass publicly all votes received at the polling place. In any municipality where an electronic voting system is used, the municipal governing body or board of election commissioners may provide or authorize the municipal clerk or executive director of the board of election commissioners to provide for the adjournment of the canvass to one or more central counting locations for specified polling places in the manner prescribed in subch. III of ch. 5. No central counting location may be used to count votes at a polling place where an electronic voting system is not employed. The canvass, whether conducted at the polling place or at a central counting location, shall continue without adjournment until the canvass is completed and the return statements are made. The inspectors shall not permit access to the name of any elector who has obtained a confidential listing under s. 6.47 (2) during the canvass, except as authorized in s. 6.47 (8).

AB64-AA2, s. 4r Section 4r. 7.51 (5) (b) of the statutes is amended to read:

AB64-AA2,18,14 7.51 (5) (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 or if the election is held on more than one day, by 2 p.m. on the day after the last day that the election is held. The person delivering the returns shall be paid out of the municipal treasury. Each clerk shall retain ballots, statements, tally sheets, or envelopes received by the clerk until destruction is authorized under s. 7.23 (1).

AB64-AA2, s. 4s Section 4s. 7.53 (2) (d) of the statutes is amended to read:

AB64-AA2,19,4 7.53 (2) (d) The municipal board of canvassers shall publicly canvass the returns of every municipal election. The canvass shall begin within 24 hours after the polls close, or if the election is held on more than one day, within 24 hours after the polls close on the last day that the election is held. At the spring election, the board of canvassers shall publicly declare the results on or before the 2nd Tuesday in April. The board of canvassers shall prepare a statement showing the results of each election for any municipal office and each municipal referendum. After each primary for municipal offices, the board of canvassers shall prepare a statement certifying the names of those persons who have won nomination to office. After each other election for a municipal office and each municipal referendum, the board of canvassers shall prepare a determination showing the names of the persons who are elected to each municipal office and the results of each municipal referendum. The board of canvassers shall file each statement and determination in the office of the municipal clerk or board of election commissioners.

AB64-AA2, s. 4t Section 4t. 7.60 (3) of the statutes is amended to read:

AB64-AA2,19,21 7.60 (3) Canvassing. Not later than 9 a.m. on the Thursday after each election or, if an election is held on more than one day, not later than 9 a.m. on the Thursday after the last day that the election is held, the county board of canvassers shall open and publicly examine the returns. If returns have not been received from any election district or ward in the county, they shall dispatch a messenger and the person having them shall deliver the returns to the messenger. If, on examination, any of the returns received are so informal or defective that the board cannot intelligently canvass them, they shall dispatch a messenger to deliver the returns back to the municipal board of canvassers with written specifications of the informalities or defects and command them to immediately complete the returns or remedy the defects in the manner required and deliver them to the messenger. Every messenger shall safely keep all returns, show them to no one but the municipal clerk and board of canvassers and deliver them to the county clerk with all possible dispatch. To acquire the necessary full returns and remedy any informalities or defects the county board of canvassers may adjourn not longer than one day at a time nor more than 2 days in all.

AB64-AA2, s. 4u Section 4u. 7.60 (5) (a) of the statutes is amended to read:

AB64-AA2,20,15 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 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 or if an election is held on more than one day, no later than 7 days after the last day after a primary is held or no later than 10 days after the last day that any other election is held. 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.

AB64-AA2, s. 4v Section 4v. 7.70 (1) (b) of the statutes is amended to read:

AB64-AA2,20,24 7.70 (1) (b) If any county clerk fails or neglects to forward any statements, the elections board may require the clerk to do so immediately and if not received by the 8th day after a primary, or by the 11th day after any other election, or if an election is held on more than one day, by the 8th day after the last day that a primary is held or the 11th day after the last day that any other election is held the elections board may dispatch a special messenger to obtain them. Whenever it appears upon the face of any statement that an error has been made in reporting or computing, the elections board may return it to the county clerk for correction.

AB64-AA2, s. 4w Section 4w. 9.20 (7) of the statutes is amended to read:

AB64-AA2,21,4 9.20 (7) If a majority vote in favor of adoption, the proposed ordinance or resolution shall take effect upon publication under sub. (5). Publication shall be made within 10 days after the election or if the election is held on more than one day, within 10 days after the last day that the election is held.

AB64-AA2, s. 4x Section 4x. 10.01 (2) (b) of the statutes is amended to read:

AB64-AA2,21,15 10.01 (2) (b) Type B—The type B notice shall include the relevant facsimile ballots and the relevant portions of voting instructions to electors under s. 10.02 for each office or referendum and shall specify the date of the election. In counties or municipalities where an electronic voting system in which ballots are distributed to electors is used, the notice shall include the information specified in s. 5.94. The type B notice shall be published once by the county clerks, and for primaries and other elections in municipalities or special purpose districts, once by the clerk of the municipality or special purpose district on the day preceding each primary and other election, or if an election is held on more than one day, on the day preceding the first day that the primary or other election is held.

AB64-AA2, s. 4y Section 4y. 10.01 (2) (d) of the statutes is amended to read:

AB64-AA2,22,6 10.01 (2) (d) Type D—The type D notice shall state the hours the polls will be open and the polling places to be utilized at the election or shall include a concise statement of how polling place information may be obtained. In cities over 500,000 population, the board of election commissioners shall determine the form of the notice. In other municipalities and special purpose districts, the clerk of the municipality or special purpose district shall give the polling place information in the manner the governing body of the municipality or special purpose district decides will most effectively inform the electors. The type D notice shall be published by the municipal clerk or board of election commissioners of each municipality once on the day before the first day of each spring primary and election, on the day before each special national, state, county or municipal election at which the electors of that municipality are entitled to vote and on the day before the first day of each September primary and general election. The clerk of each special purpose district which calls a special election shall publish a type D notice on the day before the election, and the day before the special primary, if any, except as authorized in s. 8.55 (3).

AB64-AA2, s. 4z Section 4z. 10.06 (2) (d) of the statutes is amended to read:

AB64-AA2,22,11 10.06 (2) (d) On the Monday Saturday preceding the first day of the spring primary, when held, the county clerk shall publish a type B notice. In a year in which a presidential preference primary is held, the county clerk shall also publish notice of the presidential preference primary.

AB64-AA2, s. 4za Section 4za. 10.06 (2) (g) of the statutes is amended to read:

AB64-AA2,22,17 10.06 (2) (g) On the Monday Saturday preceding the first day of the spring election, the county clerk shall publish a type B notice containing the same information prescribed in par. (a). In addition, the county clerk shall publish a type C notice on the Monday Saturday preceding the first day of the spring election for all state and county referenda to be voted upon by electors of the county.

AB64-AA2, s. 4zb Section 4zb. 10.06 (2) (j) of the statutes is amended to read:

AB64-AA2,22,20 10.06 (2) (j) On the Monday Saturday preceding the first day of the September primary the county clerk shall publish a type B notice.

AB64-AA2, s. 4zc Section 4zc. 10.06 (2) (m) of the statutes is amended to read:

AB64-AA2,23,2 10.06 (2) (m) On the Monday Saturday preceding the first day of the general election the county clerk shall publish a type B notice containing the same information prescribed in par. (h). In addition, the county clerk shall publish a type C notice on the Monday Saturday preceding the first day of the general election for all state and county referenda to be voted upon by electors of the county.

AB64-AA2, s. 4zd Section 4zd. 10.06 (3) (b) of the statutes is amended to read:

AB64-AA2,23,8 10.06 (3) (b) If there is to be a municipal primary, the municipal clerk shall publish a type B notice on the Monday Saturday before the first day of the primary election. In cities and villages, the municipal clerk shall publish a type C notice on the Monday Saturday before the first day of the primary election of any direct legislation questions to be voted on at the primary.

AB64-AA2, s. 4ze Section 4ze. 10.06 (3) (c) of the statutes is amended to read:

AB64-AA2,23,13 10.06 (3) (c) On the Monday Saturday before the first day of the spring election, the municipal clerk shall publish a type B notice and a type D notice. If there are municipal referenda, the municipal clerk shall publish a type C notice at the same time.

AB64-AA2, s. 4zf Section 4zf. 10.06 (3) (d) of the statutes is amended to read:

AB64-AA2,23,17 10.06 (3) (d) On the Monday Saturday preceding the first day of the general election, the municipal clerk shall publish a type D notice. If there are municipal referenda, the municipal clerk shall publish type B and C notices at the same time.

AB64-AA2, s. 4zg Section 4zg. 10.06 (3) (e) of the statutes is amended to read:

AB64-AA2,23,25 10.06 (3) (e) When electronic or mechanical voting machines or electronic voting systems in which ballots are distributed to electors are used in a municipality at a municipal election, the municipal clerk shall publish a type B notice on the Monday day before the election or if the election is held on more than one day, on the day before the first day of the election. The notice shall include all offices and questions to be voted on at the election. The cost of this notice shall be shared under s. 5.68 (2) and (3).

AB64-AA2, s. 4zh Section 4zh. 10.06 (4) (g) of the statutes is amended to read:

AB64-AA2,24,6 10.06 (4) (g) On the day preceding any primary or election for any office other than a national, state, county or municipal office, or if the primary or election is held on more than one day, on the day preceding the first day of the primary or election, the clerk of the jurisdiction in which the primary or election is held shall publish a type B notice.

AB64-AA2, s. 4zi Section 4zi. 10.06 (4) (h) of the statutes is amended to read:

AB64-AA2,24,12 10.06 (4) (h) On the day preceding any special primary or election for any office other than a national, state, county or municipal office, or if the primary or election is held on more than one day, on the day preceding the first day of the primary or election, the clerk of the jurisdiction which calls the election shall publish a type D notice.

AB64-AA2, s. 4zj Section 4zj. 10.06 (4) (i) of the statutes is amended to read:

AB64-AA2,24,17 10.06 (4) (i) On the day preceding any referendum other than a state, county or municipal referendum, or if the referendum is held on more than one day, on the day preceding the first day on which the referendum is held, the clerk of the jurisdiction which calls the referendum shall publish type B, C and D notices.

AB64-AA2, s. 4zk Section 4zk. 11.12 (5) of the statutes is amended to read:

AB64-AA2,25,6 11.12 (5) If any contribution or contributions of $500 or more cumulatively are received by a candidate for state office or by a committee or individual from a single contributor later than 15 days prior to a primary or election, or if a primary or election is held on more than one day, later than 15 days prior to last day that the primary or election is held, such that it is not included in the preprimary or preelection report submitted under s. 11.20 (3), the treasurer of the committee or the individual receiving the contribution shall within 24 hours of receipt inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the treasurer's or individual's next regular report. For purposes of the reporting requirement under this subsection, only contributions received during the period beginning with the day after the last date covered on the preprimary or preelection report, and ending with the day before the primary or election need be reported.

AB64-AA2, s. 4zL Section 4zL. 11.12 (6) of the statutes is amended to read:

AB64-AA2,25,25 11.12 (6) If any disbursement of more than $20 cumulatively is made to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot, or if a primary or election is held on more than one day, later than 15 days prior to the last day that the primary or election is held, without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the individual or treasurer of the committee shall, within 24 hours of making the disbursement, inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the next regular report of the individual or committee under s. 11.20. For purposes of this subsection, disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election. Upon receipt of a report under this subsection, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a disbursement identified in the report is made.

AB64-AA2, s. 4zm Section 4zm. 11.20 (2) of the statutes is amended to read:

AB64-AA2,26,6 11.20 (2) Preprimary and preelection reports under s. 11.06 (1) shall be received by the appropriate filing officer no earlier than 14 days and no later than 8 days preceding the primary and the election, or if the primary or election is held on more than one day, no later than 8 days preceding the last day that the primary or election is held.

AB64-AA2, s. 4zn Section 4zn. 11.20 (8) (a) of the statutes is amended to read:

AB64-AA2,26,10 11.20 (8) (a) The 15th day preceding the primary or election, or if the primary or election is held on more than one day, the 15th day preceding the last day that the primary or election is held, in the case of the preprimary and preelection report.

AB64-AA2, s. 4zp Section 4zp. 11.23 (6) of the statutes is amended to read:

AB64-AA2,26,24 11.23 (6) If any contribution or contributions of $500 or more cumulatively are received by a group or individual supporting or opposing the adoption of a referendum question from a single contributor later than 15 days prior to an election, or if an election is held on more than one day, later than 15 days prior to the last day that the election is held, such that it is not included in the preprimary or preelection report submitted under s. 11.20 (3), the treasurer of the group or the individual receiving the contribution shall within 24 hours of receipt inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the treasurer's or individual's next regular report. For purposes of the reporting requirement under this subsection, only contributions received during the period beginning with the day after the last date covered on the preelection report, and ending with the day before the election need be reported.".

AB64-AA2,27,1 5. Page 3, line 12: after that line insert:

AB64-AA2,27,2 " Section 7m. Initial applicability.

AB64-AA2,27,3 (1) This act first applies with respect to the 2006 spring primary election.".

AB64-AA2,27,4 (End)