SB365, s. 23
15Section
23. 6.875 (4) of the statutes is renumbered 6.875 (4) (a) and amended
16to read:
SB365,9,1017
6.875
(4) (a) For the purpose of absentee voting in nursing homes and qualified
18retirement homes and qualified community-based residential facilities, the
19municipal clerk or board of election commissioners of each municipality in which one
20or more nursing homes or qualified retirement homes or qualified community-based
21residential facilities are located shall appoint at least 2 special voting deputies for
22the municipality. Upon application under s. 6.86 (1) or (2) by one or more qualified
1electors who are occupants of
such a nursing home or qualified retirement home or
2qualified community-based residential facility, the
municipal clerk or board of
3election commissioners
of the municipality in which the home or facility is located 4shall dispatch 2 special voting deputies to visit the home or qualified
5community-based residential facility for the purpose of supervising absentee voting
6procedure by occupants of the home or qualified community-based residential
7facility. The 2 deputies designated to visit each nursing home or qualified retirement
8home and qualified community-based residential facility shall be affiliated with
9different political parties whenever deputies representing different parties are
10available.
SB365,9,21
11(b) Nominations for
the special voting deputy positions
described in par. (a) 12may be submitted by the 2 recognized political parties whose candidates for governor
13or president received the greatest numbers of votes in the municipality at the most
14recent general election. The deputies shall be specially appointed to carry out
the 15duties under
this section par. (a) for the period specified in s. 7.30 (6) (a). The clerk
16or board of election commissioners may revoke an appointment at any time. No
17individual who is employed or retained, or within the 2 years preceding appointment
18has been employed or retained
, at a nursing home or qualified retirement home or
19qualified community-based residential facility in the municipality, or any member
20of the
individual's immediate family
of such an individual, as defined in s. 19.42 (7),
21may be appointed to serve as a deputy.
Note: Subdivides long provision and inserts a specific reference.
SB365, s. 24
22Section
24. 6.875 (6) of the statutes is renumbered 6.875 (6) (a) and amended
23to read:
SB365,10,13
16.875
(6) (a) Special voting deputies in each municipality shall, not later than
25 p.m. on the Friday preceding an election, arrange one or more convenient times
3with the administrator of each nursing home, qualified retirement home, and
4qualified community-based residential facility in the municipality from which one
5or more occupants have filed an application under s. 6.86 to conduct absentee voting
6for the election. The time may be no earlier than the 4th Monday preceding the
7election and no later than 5 p.m. on the Monday preceding the election.
Upon request
8of a relative of an occupant of a nursing home or qualified retirement home or
9qualified community-based residential facility, the administrator may notify the
10relative of the time or times at which special voting deputies will conduct absentee
11voting at the home or facility, and permit the relative to be present in the room where
12the voting is conducted. At the designated time, 2 deputies appointed under sub. (4)
13shall visit the home or facility.
SB365,10,19
14(b) The municipal clerk or executive director of the board of election
15commissioners shall issue a supply of absentee ballots to the deputies sufficient to
16provide for the number of valid applications
for an absentee ballot received by the
17clerk, and a reasonable additional number of ballots. The municipal clerk or
18executive director shall keep a careful record of all ballots issued to the deputies and
19shall require the deputies to return every ballot issued to them.
The
SB365,11,7
20(c) 1. Upon their visit to the home or facility under par. (a), the deputies shall
21personally offer each elector who has filed a proper application
for an absentee ballot 22the opportunity to cast his or her absentee ballot. If an elector is present who has
23not filed a proper application
for an absentee ballot, the 2 deputies may accept an
24application from the elector and shall issue a ballot to the elector if the elector is
25qualified and the application is proper. The deputies shall each witness the
1certification and may, upon request of the elector, assist the elector in marking the
2elector's ballot.
All voting shall be conducted in the presence of the deputies. Upon
3request of the elector, a relative of the elector who is present in the room may assist
4the elector in marking the elector's ballot.
All voting shall be conducted in the
5presence of the deputies. No individual other than a deputy may witness the
6certification and no individual other than a deputy or relative of an elector may
7render voting assistance to the elector.
SB365,11,14
8(d) Upon completion of the voting, the deputies shall promptly deliver, either
9personally or by 1st class mail, any absentee ballot applications and the sealed
10certificate envelope containing each ballot to the clerk or board of election
11commissioners of the municipality in which the elector casting the ballot resides,
12within such time as will permit delivery to the polling place serving the elector's
13residence on election day. Personal delivery may be made by the deputies no later
14than noon on election day.
SB365,11,18
15(e) If a qualified elector is not able to cast his or her ballot on 2 separate visits
16by the deputies to the home or facility,
they the deputies shall so inform the municipal
17clerk or executive director of the board of election commissioners, who may then send
18the ballot to the elector no later than 5 p.m. on the Friday preceding the election.
Note: Subdivides long provision, inserts specific references, and reorders text. See
also the next section of this bill.
SB365, s. 25
19Section
25. 6.875 (6) (c) 2. of the statutes is created to read:
SB365,12,220
6.875
(6) (c) 2. Upon the request of a relative of an occupant of a nursing home
21or qualified retirement home or qualified community-based residential facility, the
22administrator of the home or facility may notify the relative of the time or times at
1which special voting deputies will conduct absentee voting at the home or facility,
2and permit the relative to be present in the room where the voting is conducted.
Note: Moves text within s. 6.875 (6) for more logical placement. See also the
previous section of this bill.
SB365, s. 26
3Section
26. 7.25 (6) (c) of the statutes is amended to read:
SB365,12,84
7.25
(6) (c) After the inspection under par. (b), on the
blanks forms furnished,
5they the election officials shall certify the condition of each voting machine and its
6counters. Each form shall be signed by each election official. After the election, one
7copy of each machine's certification shall be delivered with each copy of the election
8returns.
Note: Replaces disfavored term and inserts specific reference.
SB365, s. 27
9Section
27. 7.30 (4) (b) (intro.) of the statutes is amended to read:
SB365,12,1110
7.30
(4) (b) (intro.) The 2 dominant parties, under sub. (2), are each responsible
11for submitting a list of names from which the appointees shall be chosen
. as follows:
Note: Conforms structure of introductory paragraph with current style.
SB365, s. 28
12Section
28. 7.30 (4) (b) 2. of the statutes is renumbered 7.30 (4) (b) 2. a. and
13amended to read:
SB365,13,414
7.30
(4) (b) 2. a. In municipalities other than cities and villages located in
15counties having a population of more than 500,000, the committees organized under
16s. 8.17 from each of the 2 dominant parties under sub. (2) shall submit a list
17containing at least as many names as there are needed appointees from that party.
18The list shall be submitted by the chairperson of each of the 2 committees to the
19mayor, president
, or chairperson of the municipality. If committees are organized in
20subdivisions of a city, the list shall be submitted through the chairperson of the city
21committee. If there is no municipal committee, the list shall be submitted by the
22chairperson of the county or legislative district committee. Except as provided in par.
1(c), only those persons submitted by the chairperson of each committee under s. 8.17
2may act as election officials. The chairperson may designate any individual whose
3name is submitted as a first choice nominee. The list shall contain the signature of
4the chairperson and secretary of the submitting committee.
SB365,13,20
5b. In cities or villages located in counties having a population of more than
6500,000, other than cities where there is a board of election commissioners, the
7aldermanic district or village committeeman or committeewoman for the ward or
8wards where each polling place is located, if there is one, shall submit a list
9containing at least as many names as there are needed appointees for inspector
10positions from the party represented by the committeeman or committeewoman. For
11appointments of inspectors in cities and villages where there is no aldermanic
12district or village committeeman or committeewoman, nominations shall proceed in
13the same manner as in municipalities located in counties having a population of
14500,000 or less. The list shall be submitted to the mayor or president. Except as
15provided in par. (c), only those persons whose names are submitted as provided in
16this paragraph may act as election officials. The committeeman or committeewoman
17may designate any individual whose name is submitted as a first choice nominee.
18The list shall contain the signature of the aldermanic district or village
19committeeman or committeewoman or the chairperson of the appropriate
20committee.
SB365,14,2
21c. Upon submission of each nominee's name, the governing body shall appoint
22each first choice nominee for so long as positions are available, unless
23nonappointment is authorized under par. (e), and shall appoint other nominees in its
24discretion. If any nominee is not appointed, the mayor, president
, or chairperson of
25the municipality shall immediately nominate another person from the appropriate
1lists submitted and continue until the necessary number of election officials from
2each party is achieved at that meeting.
Note: Subdivides long provision.
SB365, s. 29
3Section
29. 8.05 (1) (j) of the statutes is amended to read:
SB365,14,84
8.05
(1) (j)
1. The municipal clerk shall notify in writing each candidate whose
5name is certified as a nominee under par. (h) of his or her nomination. If a municipal
6judge is elected under s. 755.01 (4), the county clerk of the county having the largest
7portion of the population in the jurisdiction served by the judge shall make the
8notification.
SB365,14,19
92. Upon receipt of the notice, each candidate shall file a declaration of
10candidacy in the manner prescribed by s. 8.21 with the municipal clerk making the
11notification no later than 5 p.m. on the 5th day after the notification is mailed or
12personally delivered to the candidate by the municipal clerk, except as authorized
13in this paragraph. If an incumbent whose name is certified as a nominee fails to file
14a declaration of candidacy within the time prescribed by this paragraph, each
15certified candidate for the office held by the incumbent, other than the incumbent,
16may file a declaration of candidacy no later than 72 hours after the latest time
17prescribed in this paragraph. If the candidate has not filed a registration statement
18under s. 11.05 at the time of the notification, the candidate shall file the statement
19with the declaration.
SB365,15,2
203. A candidate for municipal judge shall
also, in addition to making the filings
21required under subd. 2., file a statement of economic interests with the ethics board
22under s. 19.43 (4) no later than 4:30 p.m. on the 5th day after notification of
23nomination is mailed or personally delivered to the candidate, or no later than
244:30 p.m. on the next business day after the last day for filing a declaration of
1candidacy whenever that candidate is granted an extension of time for filing a
2declaration of candidacy under
this paragraph subd. 2.
SB365,15,10
34. Upon receipt of the declaration of candidacy and registration statement of
4each qualified candidate, and upon filing of a statement of economic interests by each
5candidate for municipal judge, the municipal clerk, or the county clerk if the judge
6is elected under s. 755.01 (4), shall place the name of the candidate on the ballot. No
7later than the end of the 3rd day following qualification by all candidates, the
8municipal clerk, or the county clerk if the judge is elected under s. 755.01 (4), shall
9draw lots to determine the arrangement of candidates' names on the spring election
10ballot.
Note: Subdivides long provision and adds specific reference.
SB365, s. 30
11Section
30. 8.21 of the statutes is renumbered 8.21 (1) and amended to read:
SB365,15,1912
8.21
(1) Each candidate, except a candidate for presidential elector under s.
138.20 (2) (d), shall file a declaration of candidacy, no later than the latest time provided
14for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a),
15or the time provided under s. 8.16 (2) or 8.35 (2) (c). A candidate shall file the
16declaration with the officer or agency with which nomination papers are filed for the
17office
which that the candidate seeks, or if nomination papers are not required, with
18the clerk or board of election commissioners of the jurisdiction in which the candidate
19seeks office.
SB365,15,24
20(2) The declaration
of candidacy shall be sworn to before any officer authorized
21to administer oaths. The declaration shall contain the name of the candidate in the
22form specified under s. 8.10 (2) (b) for candidates for nonpartisan office or s. 8.15 (5)
23(a) or 8.20 (2) (a) for candidates for partisan office
, and shall state
that all of the
24following:
SB365,16,1
1(a) That the signer is a candidate for a named office
, that he or she.
SB365,16,5
2(b) That the signer meets
, or will at the time he or she assumes office meet
, 3applicable age, citizenship, residency
, or voting qualification requirements, if any,
4prescribed by the constitutions and laws of the United States and of this state
, and
5that he or she.
SB365,16,6
6(c) That the signer will otherwise qualify for office if nominated and elected.
SB365,16,8
7(3) The declaration
of candidacy shall include the candidate's name in the form
8in which it will appear on the ballot.
SB365,16,10
9(4) Each candidate for state and local office shall include in the declaration
a
10of candidacy all of the following:
SB365,16,14
11(a) A statement that
he or she
the candidate has not been convicted of any
12misdemeanor designated under state or federal law as a violation of the public trust
13or any felony for which
he or she the candidate has not been pardoned.
In addition,
14each candidate for state or local office shall include in the declaration a
SB365,16,17
15(b) A statement that discloses
his or her the candidate's municipality of
16residence for voting purposes, and the street and number, if any, on which the
17candidate resides.
SB365,16,19
18(5) The declaration
of candidacy is valid with or without the seal of the officer
19who administers the oath.
SB365,16,24
20(6) A candidate for state or local office shall file an amended declaration
of
21candidacy under oath with the same officer or agency if any information contained
22in the declaration
of candidacy changes at any time after the original declaration
of
23candidacy is filed and before the candidate assumes office or is defeated for election
24or nomination.
Note: Subdivides long provision and adds specific reference. Inserts specific
references.
SB365, s. 31
1Section
31. 8.30 (1) of the statutes is amended to read:
SB365,17,42
8.30
(1) Except as otherwise provided in this section, the official or agency with
3whom declarations of candidacy are required to be filed may refuse to place the
4candidate's name on the ballot
if any of the following apply:
SB365,17,65
(a)
If the The nomination papers are not prepared, signed
, and executed
, as
6required under this chapter
;.
SB365,17,97
(b)
If it It conclusively appears, either on the face of the nomination papers
8offered for filing, or by admission of the candidate or otherwise, that the candidate
9is ineligible to be nominated or elected
;.
SB365,17,1210
(c)
If elected the The candidate
, if elected, could not qualify for the office sought
11within the time allowed by law for qualification because of age, residence
, or other
12impediment.
Note: Conforms provision to current style.
SB365, s. 32
13Section
32. 9.01 (1) (a) of the statutes is renumbered 9.01 (1) (a) 1. and
14amended to read:
SB365,18,615
9.01
(1) (a) 1. Any candidate voted for at any election or any elector who voted
16upon any referendum question at any election may
request petition for a recount.
17The petitioner shall file a verified petition or petitions with the proper clerk or body
18under par. (ar) not earlier than the time of completion of the canvass and not later
19than 5 p.m. on the 3rd business day following the last meeting day of the municipal
20or county board of canvassers determining the election for that office or on that
21referendum question or, if more than one board of canvassers makes the
22determination
, not later than 5 p.m. on the 3rd business day following the last
23meeting day of the last board of canvassers which makes a determination. If the
1chairperson of the board or chairperson's designee makes the determination for the
2office or the referendum question, the petitioner shall file the petition not earlier
3than the last meeting day of the last county board of canvassers to make a statement
4in the election or referendum and not later than 5 p.m. on the 3rd business day
5following the day on which the elections board receives the last statement from a
6county board of canvassers for the election or referendum.
SB365,18,7
72. Each verified petition
under subd. 1. shall state
that all of the following:
SB365,18,9
8a. That at the election the petitioner was a candidate for the office in question
9or that
he or she the petitioner voted on the referendum question in issue
; that.
SB365,18,13
10b. That the petitioner is informed and believes that a mistake or fraud has been
11committed in a specified ward or municipality in the counting and return of the votes
12cast for the office or upon the question
; or
shall specify any other that another
13specified defect, irregularity
, or illegality
occurred in the conduct of the election.
SB365,18,16
143. The petition
under subd. 1. shall specify each ward, or each municipality
15where no wards exist, in which a recount is desired. If a recount is requested for all
16wards within a jurisdiction, each ward need not be specified.
SB365,18,23
174. The petition
under subd. 1. may be amended to include information
18discovered as a result of the investigation of the board of canvassers or the
19chairperson of the board
, or chairperson's designee
, after the filing of the petition
, if
20the petitioner moves to amend the petition as soon as possible after the petitioner
21discovered discovers, or reasonably should have discovered
, the information
which 22that is the subject of the amendment and
if the petitioner was unable to include
the 23information in the original petition.
Note: Subdivides long provision and adds specific references for improved
readability. Corrects punctuation. Replaces "request" with "petition for" for internal
consistency. Replaces "discovered" with "discovers" and "which" with "that" to correct
grammar. Reorders text in subd. 2. b. to correct sentence agreement.
SB365, s. 33
1Section
33. 9.01 (1) (b) 3. of the statutes is amended to read:
SB365,19,52
9.01
(1) (b) 3.
They The board of canvassers shall then examine the container
3or bag containing the ballots to be certain it has not been tampered with, opened, or
4opened and resealed. Any irregularities or possible tampering with the container or
5bag shall be noted.
Note: Inserts specific reference.
SB365, s. 34
6Section
34. 9.01 (1) (b) 4. of the statutes is renumbered 9.01 (1) (b) 4. a. and
7amended to read:
SB365,19,128
9.01
(1) (b) 4. a. When the container or bag has been checked, it shall be opened
9and the contents removed. The board of canvassers shall, without examination other
10than
what is necessary to determine that each is a single ballot, count the number
11of ballots
therein in the container or bag, excluding ballots removed under s. 7.51 (2)
12(e).
Then
SB365,20,2
13b. The board of canvassers shall then, for each opened absentee ballot envelope
14that was laid aside as defective under subd. 2.,
the board of canvassers shall, without
15inspection, randomly draw one absentee ballot from the container or bag. In
16differentiating absentee ballots from other ballots, the board of canvassers shall
17presume that a ballot initialed only by the municipal clerk, the executive director of
18the board of election commissioners
, or a deputy clerk or secretary is an absentee
19ballot. If there are more defective absentee ballot envelopes than there are probable
20absentee ballots, all of the probable absentee ballots shall be removed from the
21container or bag. Additional ballots shall be removed only if the number of remaining
22ballots still exceeds the number of voting electors recorded under subd. 1., reduced
23by the number of defective envelopes set aside under subd. 2. All ballots removed
1shall not be counted, but shall be marked as to the reason for their removal, set aside
2and carefully preserved.
SB365,20,6
3c. If
, after completing the steps set forth in subd. 4. b., the number of ballots
4still exceeds the number of voters, the board of canvassers shall place all ballots face
5up to check for blank ballots. Any blank ballots shall be so marked, set aside and
6carefully preserved.
SB365,20,16
7d. If
, after completing the steps set forth in subd. 4. c., the number of ballots
8still exceeds the number of voters reduced by the number of defective envelopes set
9aside under subd. 2., the board of canvassers shall place all ballots face down to check
10the initials. Any ballot not properly initialed by 2 inspectors or any absentee ballot
11not properly initialed by the municipal clerk, the executive director of the board of
12election commissioners
, or a deputy clerk or secretary shall be temporarily set aside
13and the board of canvassers shall, without inspection, randomly draw from these
14ballots as many as are necessary to reduce the number of ballots to equal the number
15of voters. Any ballots removed for lack of initials shall not be counted but shall be
16marked, set aside and carefully preserved.
SB365,20,24
17e. If
, after completing the steps set forth in subd. 4. d., the number of ballots
18still exceeds the number of voters reduced by the number of defective envelopes set
19aside under subd. 2., the remaining ballots shall be returned to the container or bag
20and the board of canvassers shall draw a number of ballots equal to the excess
21number of ballots by chance and without inspection from the container or bag. These
22ballots shall not be counted but shall be marked as having been removed by the
23canvassers on recount due to an excess number of ballots, set aside and carefully
24preserved.
Note: Subdivides long provision, reorganizes text, and moves "then" for improved
readability and internal consistency within s. 9.01 (1) (b).
SB365, s. 35
1Section
35. 9.01 (8) of the statutes is amended to read:
SB365,21,42
9.01
(8) (a) Unless the court finds a ground for setting aside or modifying the
3determination of the board of canvassers or the chairperson of the board or
4chairperson's designee, it shall affirm the determination.
SB365,21,6
5(b) The court shall separately treat disputed issues of procedure,
6interpretations of law
, and findings of fact.
SB365,21,18
7(c) The court may not receive evidence not offered to the board of canvassers
8or the chairperson or chairperson's designee except for evidence that was
9unavailable to a party exercising due diligence at the time of the recount or newly
10discovered evidence that could not with due diligence have been obtained during the
11recount, and except that the court may receive evidence not offered at an earlier time
12because a party was not represented by counsel in all or part of a recount proceeding.
13A party who fails to object or fails to offer evidence of a defect or irregularity during
14the recount waives the right to object or offer evidence before the court except in the
15case of evidence that was unavailable to a party exercising due diligence at the time
16of the recount or newly discovered evidence that could not with due diligence have
17been obtained during the recount or evidence received by the court due to
18unavailability of counsel during the recount.
SB365,22,5
19(d) The court shall set aside or modify the determination
of the board of
20canvassers or the chairperson of the board or chairperson's designee if it finds that
21the board of canvassers or the chairperson or chairperson's designee has erroneously
22interpreted a provision of law and a correct interpretation compels a particular
23action. If the determination depends on any fact found by the board of canvassers
1or the chairperson or chairperson's designee, the court may not substitute its
2judgment for that of the board of canvassers or the chairperson or designee as to the
3weight of the evidence on any disputed finding of fact. The court shall set aside the
4determination if it finds that the determination depends on any finding of fact that
5is not supported by substantial evidence.
Note: Subdivides long provision and inserts specific reference.
SB365, s. 36
6Section
36. 10.51 (intro.) (except 10.51 (title)) of the statutes is renumbered
710.51 (1g).
Note: Section 10.51 (intro.) is not introductory to the subsections in s. 10.51, but
contains discrete and separate subject matter, and is renumbered accordingly. See also
the next section of this bill.
SB365, s. 37
8Section
37. 10.51 (1) of the statutes is renumbered 10.51 (1r) and amended to
9read:
SB365,22,1210
10.51
(1r) All the listings contained in this subchapter relate to other
11provisions of the statutes
which that are referred to in each paragraph of these
12listings.
Note: Accommodates the renumbering of s. 10.51 (intro.) by the previous section
of this bill.
SB365, s. 38
13Section
38. 10.53 (intro.) (except 10.53 (title)) of the statutes is renumbered
1410.53 (1g) and amended to read:
SB365,22,1915
10.53
(1g) In preparing each edition of the statutes for publication the revisor
16shall, if the revisor finds that a conflict exists between the listings in ss. 10.62 to 10.82
17and the substantive statutes to which
such those sections refer, correct the listing in
18this subchapter to properly reflect the intent of
said
the substantive statute or of the
19act of the legislature on which the substantive statute is based.
Note: Section 10.53 (intro.) is not introductory to the subsections in s. 10.53, but
contains discrete and separate subject matter, and is renumbered accordingly. See also
the next section of this bill. Replaces disfavored terms.
SB365, s. 39
1Section
39. 10.53 (1) of the statutes is renumbered 10.53 (1r) and amended to
2read:
SB365,23,53
10.53
(1r) For any correction made by the revisor under the authority of this
4section, the revisor shall prepare a note explaining the correction
and such note that 5shall be printed with the affected listing in this subchapter.
Note: Accommodates the renumbering of s. 10.53 (intro.) by the previous section
of this bill. Replaces disfavored term.
SB365, s. 40
6Section
40. 10.62 (intro.) of the statutes is amended to read:
SB365,23,10
710.62 Elections board; spring primary and election. (intro.) The
8following subsections set forth, in chronological order, dates relating to the spring
9primary and election or occurrences during the spring period
which that affect the
10elections board
.:
Note: Corrects punctuation.
SB365, s. 41
11Section
41. 10.64 (intro.) of the statutes is amended to read: