October 4, 2005 - Introduced by Law Revision Committee. Referred to Committee
on Veterans, Homeland Security, Military Affairs, Small Business and
Government Reform.
SB365,1,5
1An Act relating to: repealing, consolidating, renumbering, amending and
2revising various provisions of the statutes for the purpose of correcting errors,
3supplying omissions, correcting, and clarifying references, and eliminating
4defects, anachronisms, conflicts, ambiguities, and obsolete provisions
5(Revisor's Revision Bill).
Analysis by the Legislative Reference Bureau
This revisor's revision bill is explained in the Notes provided by the revisor of
statutes in the body of the bill. The overall purpose of this bill is to improve
readability, add clarity, and conform existing statutes with current drafting style.
In accordance with a change in drafting style, commas before the last item in a series
are added throughout this bill. "Which" is replaced by "that" where grammatically
correct. This bill is not intended to make any substantive changes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Note: This bill is not intended to make any substantive changes.
SB365, s. 1
6Section
1. 5.15 (1) (a) of the statutes is renumbered 5.15 (1) (a) 1. and amended
7to read:
SB365,2,8
15.15
(1) (a) 1. Every city, village
, and town in this state shall by its common
2council or village or town board, respectively, be divided into wards as provided in
3this section, except as authorized in sub. (2). The boundaries of the wards
4established under this section, and the number assigned to each ward, are intended
5to be as permanent as possible, and to this end each ward shall when created contain
6a population at a convenient point within the applicable population range under sub.
7(2) (b), with due consideration for the known trends of population increase or
8decrease within that part of the municipality in which the ward is located.
SB365,2,15
92. Once established, the boundaries of each ward shall remain unchanged until
10a further decennial federal census of population indicates that the population of a
11ward is then above or below the applicable population range or until the ward
12boundaries are required to be changed to permit creation of supervisory or
13aldermanic districts of substantially equal population or to enhance the
14participation of members of a racial or language minority group in the political
15process and their ability to elect representatives of their choice.
SB365,2,24
163. If the population of a ward has increased above the maximum of its
17population range or if the population of a ward must be decreased for a reason
18specified in
this paragraph subd. 2., the ward shall be divided into 2 or more wards
19in compliance with sub. (2) (b). If the population of a ward has decreased below the
20minimum of its population range or if the population of a ward must be increased for
21a reason specified in
this paragraph subd. 2., the ward shall, if possible, be combined
22with an adjoining ward, or the underpopulated ward and one adjoining ward shall
23be combined and together subdivided into 2 or more wards in compliance with sub.
24(2).
Note: Divides long sentence to correct sentence agreement and subdivides long
provision for improved readability and conformity with current style.
SB365, s. 2
1Section
2. 5.58 (intro.) (except 5.58 (title)) of the statutes is renumbered 5.58
2(1a) and amended to read:
SB365,3,83
5.58
(1a) Generally. At spring primary elections the
following ballots
under
4subs. (1b) to (2r), when necessary, shall be provided for each ward, except as
5authorized in s. 5.655. Except as provided under sub. (2r), only nonpartisan
6candidates nominated for office by nomination papers shall have their names placed
7on the official spring primary ballot under the proper office designation, but the
8ballots shall allow room for write-in candidates.
Note: Renumbers provision that is not an introductory paragraph according to
current style. Adds a title for conformity with the remainder of the section.
SB365, s. 3
9Section
3. 5.58 (1) (title) of the statutes is renumbered 5.58 (1b) (title).
Note: See the next section of this bill.
SB365, s. 4
10Section
4. 5.58 (1) (intro.) (except 5.58 (1) (title)) of the statutes is renumbered
115.58 (1b) (am).
Note: Renumbers provision that is not an introductory paragraph according to
current style.
SB365, s. 5
12Section
5. 5.58 (1) (a) and (c) of the statutes are renumbered 5.58 (1b) (bm) and
13(cm).
Note: Renumbers provisions to accommodate the renumbering of s. 5.58 (1) (intro.)
by this bill.
SB365, s. 6
14Section
6. 5.58 (2r) (intro.) (except 5.58 (2r) (title)) of the statutes is
15renumbered 5.58 (2r) (am) and amended to read:
SB365,4,516
5.58
(2r) (am) Except as authorized in s. 5.655, there shall be a separate ballot
17for each recognized political party filing a certification under s. 8.12 (1), listing the
18names of all potential candidates of that party determined under s. 8.12 and
19affording, in addition, an opportunity to the voter to nominate another potential
1candidate by write-in vote or to vote for an uninstructed delegation to the party
2convention. The order of
such presidential candidates
on the ballot shall be
3determined by lot by or under the supervision of the board. Each voter shall be given
4the ballots of all the parties participating in the presidential preference vote, but may
5vote on one ballot only.
Note: Renumbers provision that is not an introductory paragraph according to
current style. Replaces a disfavored term and inserts a specific reference.
SB365, s. 7
6Section
7. 5.58 (2r) (a) of the statutes is renumbered 5.58 (2r) (bm).
Note: Renumbers provision to accommodate the renumbering of s. 5.58 (2r) (intro.)
by this bill.
SB365, s. 8
7Section
8. 5.60 (intro.) of the statutes is amended to read:
SB365,4,10
85.60 Spring election ballots. (intro.) At spring elections
all of the following
9ballots, when necessary, shall be provided for each ward, except as authorized in s.
105.655
.:
Note: Conforms introductory provision to current style.
SB365, s. 9
11Section
9. 5.60 (1) (intro.) (except 5.60 (1) (title)) of the statutes is renumbered
125.60 (1) (ag) and amended to read:
SB365,4,2013
5.60
(1) (ag) There shall be one separate ballot for state superintendent,
14judicial officers, county executive
, and county supervisor, except as authorized in s.
155.655. For county supervisor, the ballot shall be prepared in accordance with ss. 5.58
16(2) and 59.10 (3). Arrangement of the names of candidates for county executive,
17county supervisor
, and municipal judge, if the judge is elected under s. 755.01 (4),
18shall be determined by the county clerk or the executive director of the county board
19of election commissioners determining ballot arrangement under s. 5.58 (1c), in the
20manner prescribed in par. (b).
Note: Renumbers provision that is not an introductory provision according to
current style.
SB365, s. 10
1Section
10. 5.60 (1) (a) of the statutes is renumbered 5.60 (1) (ar).
Note: Renumbers provision to accommodate the renumbering of s. 5.60 (1) (intro.)
by this bill.
SB365, s. 11
2Section
11. 5.60 (3) (intro.) (except 5.60 (3) (title)) of the statutes is
3renumbered 5.60 (3) (ag).
Note: Renumbers a provision that is not an introductory paragraph according to
current style.
SB365, s. 12
4Section
12. 5.60 (3) (a) of the statutes is renumbered 5.60 (3) (am) and
5amended to read:
SB365,5,76
5.60
(3) (am) No party designation shall appear on the official ballot
for city
7offices.
Note: Renumbers provision to accommodate renumbering of s. 5.60 (3) (intro.) by
this bill and inserts specific reference.
SB365, s. 13
8Section
13. 5.60 (5) (intro.) (except 5.60 (5) (title)) of the statutes is renumbered
95.60 (5) (ag).
Note: Renumbers provision that is not an introductory provision according to
current style.
SB365, s. 14
10Section
14. 5.60 (5) (a) of the statutes is renumbered 5.60 (5) (ar).
Note: Renumbers provision to accommodate the renumbering of s. 5.60 (5) (intro.)
by this bill.
SB365, s. 15
11Section
15. 5.62 (4) (intro.) of the statutes is renumbered 5.62 (4) (ag).
Note: Renumbers provision that is not an introductory provision according to
current style.
SB365, s. 16
12Section
16. 5.62 (4) (a) of the statutes is renumbered 5.62 (4) (ar).
Note: Renumbers provision to accommodate the renumbering of s. 5.62 (4) (intro.)
by this bill.
SB365, s. 17
13Section
17. 5.64 (intro.) of the statutes is amended to read:
SB365,5,15
145.64 General election ballots. (intro.) At general elections
all of the
15following ballots, when necessary, shall be provided for each ward
.:
Note: Conforms introductory provision to current style.
SB365, s. 18
1Section
18. 5.64 (1) (intro.) (except 5.64 (1) (title)) of the statutes is renumbered
25.64 (1) (ag) and amended to read:
SB365,6,63
5.64
(1) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
4giving the names of all candidates for president and vice president and for statewide,
5congressional, legislative
, and county offices in the same form as prescribed by the
6board under s. 7.08 (1) (a).
Note: Renumbers provision that is not an introductory provision according to
current style.
SB365, s. 19
7Section
19. 5.64 (1) (a) of the statutes is renumbered 5.64 (1) (ar) 1. (intro.) and
8amended to read:
SB365,6,109
5.64
(1) (ar) 1. (intro.) The ballot shall permit an elector to
vote do any of the
10following:
SB365,6,13
11a. Vote a straight party ticket for president and vice president, whenever those
12offices are contested, and for all statewide, congressional, legislative
, and county
13offices
, to vote.
SB365,6,14
14b. Vote for individual candidates for each office
or to vote.
SB365,6,15
15c. Vote for a person whose name does not appear on the ballot for any office.
SB365,6,18
162. When voting for governor and lieutenant governor, the ballot shall permit
17an elector to vote only for the candidates on one ticket jointly or write in the names
18of persons in both spaces.
Note: Renumbers provision to accommodate renumbering of s. 5.64 (1) (intro.) and
subdivides provision by placing list in tabular form.
SB365, s. 20
19Section
20. 5.85 (2) of the statutes is renumbered 5.85 (2) (a) and amended to
20read:
SB365,7,1421
5.85
(2) (a) The election officials shall examine the ballots or record of votes cast
22for write-in votes and shall count and tabulate the write-in votes. When an
1electronic voting system is used
in which
utilizes a ballot which is ballots are 2distributed to electors, before separating the remaining ballots from their respective
3covering envelopes, the election officials shall examine the ballots for write-in votes.
4When an elector has cast a write-in vote, the election officials shall compare the
5write-in vote with the votes on the ballot to determine whether the write-in vote
6results in an overvote for any office. In case of an overvote for any office, the election
7officials shall make a true duplicate ballot of all votes on the ballot except for the
8office
which that is overvoted, by using an official ballot of that kind used by the
9elector who voted the original ballot, and one of the marking devices so as to transfer
10all votes of the elector except for the office overvoted, to an official ballot of that kind
11used in the ward at that election. Unless election officials are selected under s. 7.30
12(4) (c) without regard to party affiliation, the election officials shall consist in each
13case of at least one election official of each of the 2 major political parties, whenever
14officials of both parties are present.
SB365,7,25
15(b) Write-in votes shall be counted as provided in s. 7.50 (2) (d). The original
16ballot upon which there is an overvote shall be clearly labeled "Overvoted Ballot" and
17the
duplicate ballot
so produced
under par. (a) shall be clearly labeled "Duplicate
18Overvoted Ballot
", and each shall bear the same serial number which shall be placed
19thereon by the." The election officials
, shall place the same serial number on each
20"Overvoted Ballot" and its corresponding "Duplicate Overvoted Ballot," commencing
21with number "1" and continuing consecutively for each of the ballots
of that kind for
22which a "Duplicate Overvoted Ballot" is produced in that ward or election district.
23The election officials shall initial the "Duplicate Overvoted Ballot" ballots and shall
24place them in the container for return of the ballots. The "Overvoted Ballot" ballots
25and their envelopes shall be placed in the "Original Ballots" envelope.
SB365,8,7
1(c) Ballots bearing write-in votes marked in the place designated
therefor and 2for write-in votes, bearing the initials of an election official
and, not resulting in an
3overvote
, and otherwise complying with the election laws as to marking shall be
4counted, tallied, and their votes recorded on a tally sheet provided by the municipal
5clerk. Ballots and ballot envelopes shall be separated and all ballots except any
6which that are defective or overvoted shall be placed separately in the container for
7return of the ballots, along with the ballots marked "Duplicate Overvoted Ballots
".."
Note: Divides long sentence, subdivides long provision, and inserts specific
references. Commas are added and periods are moved inside of quotes in conformity with
current style.
SB365, s. 21
8Section
21. 6.03 (1) (a) of the statutes is amended to read:
SB365,8,129
6.03
(1) (a) Any person who is incapable of understanding the objective of the
10elective process or
who is under guardianship pursuant to the order of a court under
11ch. 880, except that when a person is under limited guardianship, the court may
12determine that the person is competent to exercise the right to vote
;.
Note: Conforms punctuation to current style. Inserts "who is" for clarity.
SB365, s. 22
13Section
22. 6.22 (1) (b) 1. of the statutes is amended to read:
SB365,8,1414
6.22
(1) (b) 1. Members of a uniformed service
;.
Note: Conforms punctuation to current style.
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: