AB542, s. 106
13Section
106. 7.52 of the statutes is created to read:
AB542,64,23
147.52 Canvassing of absentee ballots.
(1) At one or more times no earlier
15than the 7th day after absentee ballots are distributed for each election under s. 7.15
16(1) (cm) and no later than 10 a.m. on the day after an election, the municipal board
17of canvassers designated under s. 7.53 (1) or (2) shall publicly convene to count the
18absentee ballots for the municipality. The municipal clerk shall give at least 48
19hours' notice of any meeting under this subsection. Any member of the public has
20the same right of access to a meeting of the municipal board of canvassers under this
21subsection that the individual would have under s. 7.41 to observe the proceedings
22at a polling place. The board of canvassers may order the removal of any individual
23exercising the right to observe the proceedings if the individual disrupts the meeting.
AB542,65,5
24(2) In counting the absentee ballots, the board of canvassers shall use 2
25duplicate copies of a single poll list for the entire municipality prepared in accordance
1with s. 6.36 (2). Upon accepting each absentee ballot, the board of canvassers shall
2enter a poll list number on the poll list next to the name of the elector who voted the
3ballot, beginning with the number one. If the elector's name does not appear on the
4poll list, the board of canvassers shall enter the number on a separate list maintained
5under this subsection.
AB542,65,16
6(4) (a) The board of canvassers shall then open the ballot box and remove and
7count the number of ballots therein without examination except as is necessary to
8ascertain that each is a single ballot. The board of canvassers shall mark the poll list
9number of each elector who casts an absentee ballot on the back of the elector's ballot.
10If 2 or more ballots are folded together so as to appear as a single ballot, the board
11of canvassers shall lay them aside until the count is completed; and if, after a
12comparison of the count and the appearance of the ballots it appears to the board of
13canvassers that the ballots folded together were voted by the same person they shall
14not be counted but the board of canvassers shall mark them as to the reason for
15removal, set them aside, and carefully preserve them. The board of canvassers shall
16then proceed under par. (b).
AB542,65,2117
(b) When during the counting of the ballots cast at an election the board of
18canvassers finds that a ballot is so defective that it cannot determine with reasonable
19certainty for whom it was cast, the board of canvassers shall so mark the ballot and
20preserve it. The board of canvassers shall not count the vote cast on the ballot for
21any office for which it determines the ballot to be defective.
AB542,66,622
(c) Whenever the number of ballots exceeds the number of voting electors as
23indicated on the poll list, the board of canvassers shall place all ballots face up to
24check for blank ballots. In this paragraph, "blank ballot" means a ballot on which
25no votes are cast for any office or question. The board of canvassers shall mark, lay
1aside, and preserve any blank ballots. If the number of ballots still exceeds the
2number of voting electors, the board of canvassers shall place all ballots face down
3and proceed to check for the initials. The inspectors shall mark, lay aside, and
4preserve any ballot not bearing the initials of the municipal clerk. During the count
5the board of canvassers shall count those ballots cast by challenged electors the same
6as the other ballots.
AB542,66,127
(d) The board of canvassers shall keep a written statement, in duplicate, of the
8number of ballots set aside and the number of defective ballots and challenged
9ballots. The statement shall contain a record of the reasons for setting aside each
10ballot and the reasons why each defective or challenged ballot is defective or
11challenged. The board of canvassers shall certify that the statement is correct, sign
12it, and attach it to the tally sheets.
AB542,66,2513
(e) If, after any ballots have been laid aside, the number of ballots still exceeds
14the total number of electors recorded on the poll list, the board of canvassers shall
15place the absentee ballots in the ballot box and one of the members shall publicly and
16without examination draw therefrom by chance the number of ballots equal to the
17excess number of ballots. All ballots so removed shall not be counted but shall be
18specially marked as having been removed by the board of canvassers on original
19canvass due to an excess number of ballots, set aside, and preserved. When the
20number of ballots and total shown on the poll list agree, the board of canvassers shall
21return all ballots to be counted to the ballot box and shall turn the ballot box in such
22manner as to thoroughly mix the ballots. The board of canvassers shall then open,
23count, and record the number of votes. When the ballots are counted, the board of
24canvassers shall separate them into piles for ballots similarly voted. Objections may
25be made to placement of ballots in the piles at the time the separation is made.
AB542,67,3
1(f) If corrected ballots under s. 5.72 (3) are distributed under s. 5.72 (3) or 7.10
2(3), only the votes cast on the corrected ballots may be counted for any office or
3referendum in which the original ballots differ from the corrected ballots.
AB542,67,154
(g) The board of canvassers shall place together all ballots counted by it which
5relate to any national, state, or county office or any state, county, or technical college
6district referendum and secure them together so that they cannot be untied or
7tampered with without breaking the seal. The secured ballots, together with any
8ballots marked "Defective," shall then be secured by the board of canvassers in the
9ballot container in such a manner that the container cannot be opened without
10breaking the seals or locks, or destroying the container. The board of canvassers
11shall place the ballots cast under s. 6.97 in a separate, securely sealed carrier
12envelope which is clearly marked "Section 6.97 ballots." Each member of the board
13of canvassers shall sign the carrier envelope. The carrier envelope shall not be placed
14in the ballot container. The board of canvassers shall then deliver the ballots to the
15municipal clerk in the ballot container and carrier envelope.
AB542,67,2116
(h) For ballots that relate only to municipal or school district offices or
17referenda, the board of canvassers, in lieu of par. (a), after counting the ballots shall
18return them to the proper ballot boxes, lock the boxes, paste paper over the slots, sign
19their names to the paper, and deliver them and the keys therefor to the municipal
20or school district clerk. The clerk shall retain the ballots until destruction is
21authorized under s. 7.23.
AB542,68,4
22(6) (a) The board of canvassers shall review each certificate envelope to
23determine whether any absentee ballot is cast by an elector whose name appears on
24the poll list as ineligible to vote at the election. If the board of canvassers receives
25an absentee ballot that has been cast by an elector whose name appears on the poll
1list as ineligible to vote, the inspectors shall challenge the ballot in the same manner
2as provided for inspectors making challenges under s. 6.92 and shall treat the ballot
3in the manner as provided for treatment of challenged ballots by inspectors under
4s. 6.95.
AB542,68,245
(b) Any elector may challenge for cause any absentee ballot other than a ballot
6that was cast in person under s. 6.86 (1) (a) 2. or under s. 6.873. For the purpose of
7deciding upon ballots that are challenged for any reason, the board of canvassers
8may call before it any person whose absentee ballot is challenged if the person is
9available to be called. If the person challenged refuses to answer fully any relevant
10questions put to him or her by the board of canvassers under s. 6.92, the board of
11canvassers shall reject the elector's vote. If the challenge is not withdrawn after the
12person offering to vote has answered the questions, one of the members of the board
13of canvassers shall administer to the person the following oath or affirmation: "You
14do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the
15United States; you are now and for 10 days have been a resident of this ward except
16under s. 6.02 (2); you have not voted at this election; you have not made any bet or
17wager or become directly or indirectly interested in any bet or wager depending upon
18the result of this election; you are not on any other ground disqualified to vote at this
19election." If the person challenged refuses to take the oath or affirmation, the
20person's vote shall be rejected. If the person challenged answers fully all relevant
21questions put to the elector by the board of canvassers under s. 6.92, takes the oath
22or affirmation, and fulfills the applicable registration requirements, and if the
23answers to the questions given by the person indicate that the person meets the
24voting qualification requirements, the person's vote shall be received.
AB542,69,21
1(7) The board of canvassers shall maintain tally sheets on forms provided by
2the municipal clerk, which shall state the total number of votes cast for each office
3and for each individual receiving votes for that office, whether or not the individual's
4name appears on the ballot, and shall state the vote for and against each proposition
5voted on. If the board of canvassers recesses without completing the canvass of the
6absentee ballots, the municipal clerk shall secure the tally sheets, together with all
7ballots, envelopes, and other materials, and shall deliver them to the board of
8canvassers at its next meeting under sub. (1). Upon completion of the canvass of the
9absentee ballots, the board of canvassers shall immediately complete statements in
10duplicate. The statements shall state the excess, if any, by which the number of
11ballots exceeds the number of electors voting as shown by the poll list used by the
12board of canvassers under this section and shall state the poll list number of the last
13elector as shown by the poll list. Each member of the board of canvassers shall then
14certify to the correctness of the statements and tally sheets and sign their names.
15All other election officials assisting with the tally shall also certify to the correctness
16of the tally sheets. If the board of canvassers meets under sub. (1) before the day after
17election day, the canvassers shall not announce the results and the records of the
18count are not open to public inspection and copying under s. 19.35 (1). When the tally
19is complete, the board of canvassers shall publicly announce the results from the
20statements and the records of the count are open to public inspection and copying
21under s. 19.35 (1).
AB542,70,6
22(8) The board of canvassers shall make full and accurate return of the votes cast
23for each candidate and proposition on the tally sheet forms. Each tally sheet shall
24record the returns for each office or referendum by ward, unless combined returns
25are authorized in accordance with s. 5.15 (6) (b) in which case the tally sheet shall
1record the returns for each group of combined wards. After recording the votes, the
2board of canvassers shall seal in a carrier envelope outside the ballot bag or container
3one inspector's statement under sub. (4) (d), one tally sheet, and one poll list for
4delivery to the county clerk, unless the election relates only to municipal or school
5district offices or referenda. The board of canvassers shall also similarly seal one
6statement, one tally sheet, and one poll list for delivery to the municipal clerk.
AB542, s. 107
7Section
107. 7.53 (1) of the statutes is amended to read:
AB542,70,238
7.53
(1) Municipalities with one polling place. Where the municipality
9constitutes one ward or combines all wards to utilize a single polling place under s.
105.15 (6) (b), the canvass
of the votes cast at the polling place shall be conducted
11publicly under s. 7.51 and the inspectors
, other than any inspector appointed under
12s. 7.30 (1) (b), shall act as the municipal board of canvassers.
After the canvass of
13the absentee ballots is completed under s. 7.52, the board of canvassers shall
14reconcile the poll list of the electors who vote by absentee ballot with the
15corresponding poll list of the electors who vote in person to ensure that no elector is
16allowed to cast more than one ballot. If an elector who votes in person has submitted
17an absentee ballot, the absentee ballot is void. Upon completion of the canvass
under
18this section and s. 7.52 and ascertainment of the results by the
inspectors board of
19canvassers, the
municipal clerk shall publicly read
to the board of canvassers the
20names of the persons voted for and the number of votes for each person for each
21municipal office, the names of the persons declared by the
inspectors board of
22canvassers to have won nomination or election to each municipal office and the
23number of votes cast for and against each municipal referendum question.
AB542, s. 108
24Section
108. 7.53 (2) (d) of the statutes is amended to read:
AB542,71,19
17.53
(2) (d) The municipal board of canvassers shall publicly canvass the
2returns of every
municipal election. The canvass shall begin
within 24 hours after
3the polls close as soon as possible after the canvass of absentee ballots is completed
4under s. 7.52 but no later than 9 a.m. on the 2nd day after election day. After the
5canvass of the absentee ballots is completed under s. 7.52, the board of canvassers
6shall reconcile the poll list of the electors who vote by absentee ballot with the
7corresponding poll list of the electors who vote in person to ensure that no elector is
8allowed to cast more than one ballot. If an elector who votes in person has submitted
9an absentee ballot, the absentee ballot is void. At the spring election, the board of
10canvassers shall publicly declare the results on or before the 2nd Tuesday in April.
11The board of canvassers shall prepare a statement showing the results of each
12election for any municipal office and each municipal referendum. After each primary
13for municipal offices, the board of canvassers shall prepare a statement certifying the
14names of those persons who have won nomination to office. After each other election
15for a municipal office and each municipal referendum, the board of canvassers shall
16prepare a determination showing the names of the persons who are elected to each
17municipal office and the results of each municipal referendum. The board of
18canvassers shall file each statement and determination in the office of the municipal
19clerk or board of election commissioners.
AB542, s. 109
20Section
109. 7.60 (3) of the statutes is amended to read:
AB542,72,921
7.60
(3) Canvassing. Not later than 9 a.m. on the
Thursday Friday after each
22election the county board of canvassers shall open and publicly examine the returns.
23If returns have not been received from any election district or ward in the county,
24they shall dispatch a messenger and the person having them shall deliver the
25returns to the messenger. If, on examination, any of the returns received are so
1informal or defective that the board cannot intelligently canvass them, they shall
2dispatch a messenger to deliver the returns back to the municipal board of
3canvassers with written specifications of the informalities or defects and command
4them to immediately complete the returns or remedy the defects in the manner
5required and deliver them to the messenger. Every messenger shall safely keep all
6returns, show them to no one but the municipal clerk and board of canvassers and
7deliver them to the county clerk with all possible dispatch. To acquire the necessary
8full returns and remedy any informalities or defects the county board of canvassers
9may adjourn not longer than one day at a time nor more than 2 days in all.
AB542, s. 110
10Section
110. 12.03 (title) of the statutes is amended to read:
AB542,72,11
1112.03 (title)
Election day
Restricted campaigning restricted.
AB542, s. 111
12Section
111. 12.03 (1) of the statutes is amended to read:
AB542,72,1513
12.03
(1) No election official may engage in electioneering on election day.
This
14subsection does not apply to an election official who is appointed under s. 6.285 or
156.873 and is not serving as an election official on election day.
AB542, s. 112
16Section
112. 12.03 (1m) of the statutes is created to read:
AB542,72,1917
12.03
(1m) No election official appointed under s. 6.285 or 6.873 may engage
18in electioneering at a satellite absentee voting station designated under s. 6.873 (1)
19on any day during which absentee ballots may be cast at the voting station.
AB542, s. 113
20Section
113. 12.03 (2m) of the statutes is created to read:
AB542,73,221
12.03
(2m) (a) No person may engage in electioneering within any building, or
22at the doors to any building, in which a satellite absentee voting station is designated
23under s. 6.873 (1) on any day during which absentee ballots may be cast at the voting
24station. This paragraph applies to electioneering on private property only if the
1property is owned or controlled by the person who consented under s. 6.873 (1) to the
2designation of the voting station.
AB542,73,103
(b) Except as otherwise provided in this subsection, no person may engage in
4electioneering within 100 feet of a satellite absentee voting station that is designated
5under s. 6.873 (1) and that is not located within a building on any day during which
6absentee ballots may be cast at the voting station. This paragraph applies to
7electioneering on private property only if the property is owned or controlled by the
8person who consented under s. 6.873 (1) to the designation of the voting station. This
9paragraph does not apply to the placement of any material on the bumper of a motor
10vehicle.
AB542, s. 114
11Section
114. 12.07 (2) of the statutes is amended to read:
AB542,73,1412
12.07
(2) No employer may refuse to allow an employee to serve as an election
13official
under s. 7.30 or make any threats or offer any inducements of any kind to the
14employee for the purpose of preventing the employee from so serving.
AB542, s. 115
15Section
115. 12.13 (3) (gm) of the statutes is created to read:
AB542,73,1816
12.13
(3) (gm) Use or allow the use of any birth date information obtained
17under s. 6.36 (1) (b) 1. am. for a commercial purpose, or post or allow the posting of
18any such information on the Internet.
AB542, s. 116
19Section
116. 12.13 (3) (x) of the statutes is amended to read:
AB542,73,2420
12.13
(3) (x) Refuse to obey a lawful order of an inspector
or special voting
21deputy made for the purpose of enforcing the election laws; engage in disorderly
22behavior at or near a polling place
or at or near a satellite absentee voting station
23designated under s. 6.873 (1); or interrupt or disturb the voting or canvassing
24proceedings.
AB542, s. 117
25Section
117. 12.13 (3) (ze) of the statutes is created to read:
AB542,74,3
112.13
(3) (ze) Compensate a person for obtaining voter registrations from other
2persons at a rate that varies in relation to the number of voter registrations obtained
3by the person.
AB542, s. 118
4Section
118. 12.60 (1) (a) of the statutes is amended to read:
AB542,74,65
12.60
(1) (a) Whoever violates s. 12.09, 12.11
, or 12.13 (1), (2) (b) 1. to 7.
, or (3)
6(a), (e), (f),
(gm), (j), (k), (L), (m), (y)
, or (z) is guilty of a Class I felony.
AB542, s. 119
7Section
119. 12.60 (1) (b) of the statutes is amended to read:
AB542,74,108
12.60
(1) (b) Whoever violates s. 12.03, 12.05, 12.07, 12.08
, or 12.13 (2) (b) 8.
, 9or (3) (b), (c), (d), (g), (i), (n) to (x),
(ze), (zm)
, or (zn) may be fined not more than $1,000,
10or imprisoned not more than 6 months
, or both.
AB542, s. 120
11Section
120. 17.29 of the statutes is amended to read:
AB542,74,18
1217.29 Effect of chapter. The provisions of this chapter supersede all contrary
13provisions in either the general law or in special acts, except
ch. 7 ss. 6.26 (2) (b), 6.28
14(2) (b), 6.285, 6.55 (6), 6.873, 6.875, and 7.30 relating to
appointed election
officers
15appointed for the election wards or polling places in the state
officials and ch. 21
16relating to the military staff of the governor and to officers of the Wisconsin national
17guard; and shall govern all offices whether created by general law or special act,
18unless otherwise specially provided.
AB542, s. 121
19Section
121. 20.005 (3) (schedule) of the statutes: at the appropriate place,
20insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB542, s. 122
1Section
122. 20.510 (1) (bm) of the statutes is amended to read:
AB542,75,42
20.510
(1) (bm)
Training of chief inspectors election officials. Biennially, the
3amounts in the schedule for training of
chief inspectors election officials under s.
47.31.
AB542, s. 123
5Section
123. 20.510 (1) (e) of the statutes is created to read:
AB542,75,76
20.510
(1) (e)
Election administration costs — state funds. The amounts in the
7schedule to pay for election administration costs not financed under par. (t) or (x).
AB542, s. 124
8Section
124. 110.08 (1r) of the statutes is created to read:
AB542,75,109
110.08
(1r) Operator's license examiners shall perform those duties required
10under s. 6.28 (4).
AB542, s. 125
11Section
125. 301.03 (20) of the statutes is created to read:
AB542,75,1612
301.03
(20) Transmit to the elections board, on a continuous basis, a list
13containing the name of each living person who has been convicted of a felony under
14the laws of this state and whose civil rights have not been restored, together with his
15or her residential address and the date on which the department expects his or her
16civil rights to be restored.
AB542, s. 126
17Section
126. 343.14 (2r) of the statutes is created to read:
AB542,75,1918
343.14
(2r) The forms for application for a license or identification card or for
19renewal thereof shall include the information required under s. 6.33 (1m).
AB542, s. 127
1Section
127. 343.178 of the statutes is created to read:
AB542,76,4
2343.178 Voter registration. (1) Based upon application information
3specified under s. 343.14 (2r), the department shall accept and process applications
4for voter registration under s. 6.28 (4).
AB542,76,10
5(2) The department shall withhold access to information in the records of the
6department identifying at which office of the department an applicant for an
7operator's license or identification card, or for renewal of an operator's license or
8identification card, has registered to vote or revealing an applicant's decision not to
9register to vote, except that the department shall provide this information to the
10elections board upon request of the board.
AB542, s. 128
11Section
128. 343.22 (3m) of the statutes is created to read:
AB542,76,1712
343.22
(3m) Whenever any registered elector of this state, after applying for
13or receiving an operator's license or an identification card, changes his or her name
14or changes his or her address from the address specified in the application, license,
15or identification card to a different address within this state, the elector may update
16his or her voter registration information on a form provided by the department at an
17office of the department under s. 6.28 (4) (b).
AB542, s. 129
18Section
129. 343.22 (4) of the statutes is amended to read:
AB542,76,2019
343.22
(4) Any person who fails to comply with any of the requirements of
this
20section subs. (1) to (3) may be required to forfeit not more than $50.
AB542, s. 130
21Section
130. 880.33 (9) of the statutes is amended to read:
AB542,77,922
880.33
(9) All the rights and privileges afforded a proposed incompetent under
23this section shall be given to any person who is alleged to be ineligible to register to
24vote or to vote in an election by reason that such person is incapable of understanding
25the objective of the elective process. The determination of the court shall be limited
1to a finding that the elector is either eligible or ineligible to register to vote or to vote
2in an election by reason that the person is or is not capable of understanding the
3objective of the elective process. The determination of the court shall be
4communicated in writing by the clerk of court to the election official or agency
5charged under s. 6.48, 6.92, 6.925 or
6.93 7.52 (5) with the responsibility for
6determining challenges to registration and voting which may be directed against
7that elector. The determination may be reviewed as provided in s. 880.34 (4) and (5)
8and any subsequent determination of the court shall be likewise communicated by
9the clerk of court.
AB542, s. 131
10Section
131.
Effective dates. This act takes effect on January 1, 2006, or the
11day after publication, whichever is later, except as follows:
AB542,77,1512
(1) The treatment of sections 6.10 (3), 6.26 (2) (d), 6.275 (title), (2), and (3), 6.28
13(title), (1), (3), and (4), 6.33 (1), (1m), (2) (a), 6.40 (1) (a) 1. and (c), 6.55 (2) (d), 7.03
14(1) (d), 7.08 (1) (c), 110.08 (1r), 343.14 (2r), 343.178, and 343.22 (3m) and (4) of the
15statutes takes effect on the first day of the 7th month beginning after publication.