SB468: Bill Text

SB468,18,3 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 2nd day following each such election or, in municipalities where absentee ballots are canvassed under s. 7.52, by 2 p.m. on the 2nd day following each such election. 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).

SB468, s. 24 Section 24. 7.52 of the statutes is created to read:

SB468,18,18 7.52 Canvassing of absentee ballots. (1) The governing body of any municipality may provide by ordinance that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the municipal board of canvassers designated under s. 7.53 (1) or (2) shall canvass all absentee ballots at all elections held in the municipality. Thereafter, at every election, the board of canvassers shall, at one or more times no earlier than the 7th day after absentee ballots are distributed for each election under s. 7.15 (1) (cm) and no later than 10 a.m. on the day after an election, publicly convene to count the absentee ballots for the municipality. The municipal clerk shall give at least 48 hours' notice of any meeting under this subsection. Any member of the public has the same right of access to a meeting of the municipal board of canvassers under this subsection that the individual would have under s. 7.41 to observe the proceedings at a polling place. The board of canvassers may order the removal of any individual exercising the right to observe the proceedings if the individual disrupts the meeting.

SB468,18,25 (2) In counting the absentee ballots, the board of canvassers shall use 2 duplicate copies of a single poll list for the entire municipality prepared in accordance with s. 6.36 (2). Upon accepting each absentee ballot, the board of canvassers shall enter a poll list number on the poll list next to the name of the elector who voted the ballot, beginning with the number one. If the elector's name does not appear on the poll list, the board of canvassers shall enter the number on a separate list maintained under this subsection.

SB468,19,19 (3) (a) The board of canvassers shall first open the carrier envelope only, and announce the name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47 (2). When the board of canvassers finds that the certification has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, the board of canvassers shall enter an indication on the poll list next to the applicant's name indicating an absentee ballot is cast by the elector. The board of canvassers shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The board of canvassers shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the board of canvassers shall verify that the ballot has been endorsed by the issuing clerk. If the poll list indicates that identification is required and no identification is enclosed or the name or address on the document that is provided is not the same as the name and address shown on the poll list, the board of canvassers shall proceed as provided under s. 6.97 (2). The board of canvassers shall mark the poll list number of each elector who casts an absentee ballot on the back of the elector's ballot. The board of canvassers shall then deposit the ballot into the proper ballot box and enter the absent elector's name or poll list number after his or her name on the poll list.

SB468,20,10 (b) When the board of canvassers finds that a certification is insufficient, that the applicant is not a qualified elector in the ward or election district, that the ballot envelope is open or has been opened and resealed, that the ballot envelope contains more than one ballot of any one kind, or that the certificate of an elector who received an absentee ballot by facsimile transmission or electronic mail is missing, or if proof is submitted to the board of canvassers that an elector voting an absentee ballot has since died, the board of canvassers shall not count the ballot. Each member of the board of canvassers shall endorse every ballot not counted on the back as "rejected (giving the reason)." The board of canvassers shall reinsert each rejected ballot into the certificate envelope in which it was delivered and enclose the certificate envelopes and ballots, and securely seal the ballots and envelopes in an envelope marked for rejected absentee ballots. The board of canvassers shall endorse the envelope as "rejected ballots," with a statement of the ward or election district and date of the election, and each member of the board of canvassers shall sign the statement. The board of canvassers shall then return the envelope containing the ballots to the municipal clerk.

SB468,20,19 (4) (a) The board of canvassers shall then open the ballot box and remove and count the number of ballots therein without examination except as is necessary to ascertain that each is a single ballot. If 2 or more ballots are folded together so as to appear as a single ballot, the board of canvassers shall lay them aside until the count is completed; and if, after a comparison of the count and the appearance of the ballots it appears to the board of canvassers that the ballots folded together were voted by the same person they shall not be counted but the board of canvassers shall mark them as to the reason for removal, set them aside, and carefully preserve them. The board of canvassers shall then proceed under par. (b).

SB468,20,24 (b) When during the counting of the ballots cast at an election the board of canvassers finds that a ballot is so defective that it cannot determine with reasonable certainty for whom it was cast, the board of canvassers shall so mark the ballot and preserve it. The board of canvassers shall not count the vote cast on the ballot for any office for which it determines the ballot to be defective.

SB468,21,10 (c) Whenever the number of ballots exceeds the number of voting electors as indicated on the poll list, the board of canvassers shall place all ballots face up to check for blank ballots. In this paragraph, "blank ballot" means a ballot on which no votes are cast for any office or question. The board of canvassers shall mark, lay aside, and preserve any blank ballots. If the number of ballots still exceeds the number of voting electors, the board of canvassers shall place all ballots face down and proceed to check for the initials. The inspectors shall mark, lay aside, and preserve any ballot not bearing the initials of the municipal clerk. During the count the board of canvassers shall count those ballots cast by challenged electors the same as the other ballots.

SB468,21,16 (d) The board of canvassers shall keep a written statement, in duplicate, of the number of ballots set aside and the number of defective ballots and challenged ballots. The statement shall contain a record of the reasons for setting aside each ballot and the reasons why each defective or challenged ballot is defective or challenged. The board of canvassers shall certify that the statement is correct, sign it, and attach it to the tally sheets.

SB468,22,4 (e) If, after any ballots have been set aside, the number of ballots still exceeds the total number of electors recorded on the poll list, the board of canvassers shall place the absentee ballots in the ballot box and one of the members shall publicly and without examination draw therefrom by chance the number of ballots equal to the excess number of ballots. All ballots so removed shall not be counted but shall be specially marked as having been removed by the board of canvassers on original canvass due to an excess number of ballots, set aside, and preserved. When the number of ballots and total shown on the poll list agree, the board of canvassers shall return all ballots to be counted to the ballot box and shall turn the ballot box in such manner as to thoroughly mix the ballots. The board of canvassers shall then open, count, and record the number of votes. When the ballots are counted, the board of canvassers shall separate them into piles for ballots similarly voted. Objections may be made to placement of ballots in the piles at the time the separation is made.

SB468,22,7 (f) If corrected ballots under s. 5.06 (6) or 5.72 (3) are distributed under s. 7.10 (3), only the votes cast on the corrected ballots may be counted for any office or referendum in which the original ballots differ from the corrected ballots.

SB468,22,19 (g) The board of canvassers shall place together all ballots counted by it which relate to any national, state, or county office or any state, county, or technical college district referendum and secure them together so that they cannot be untied or tampered with without breaking the seal. The secured ballots, together with any ballots marked "Defective," shall then be secured by the board of canvassers in the ballot container in such a manner that the container cannot be opened without breaking the seals or locks, or destroying the container. The board of canvassers shall place the ballots cast under s. 6.97 in a separate, securely sealed carrier envelope which is clearly marked "Section 6.97 ballots." Each member of the board of canvassers shall sign the carrier envelope. The carrier envelope shall not be placed in the ballot container. The board of canvassers shall then deliver the ballots to the municipal clerk in the ballot container and carrier envelope.

SB468,22,25 (h) For ballots that relate only to municipal or school district offices or referenda, the board of canvassers, in lieu of par. (a), after counting the ballots shall return them to the proper ballot boxes, lock the boxes, paste paper over the slots, sign their names to the paper, and deliver them and the keys therefor to the municipal or school district clerk. The clerk shall retain the ballots until destruction is authorized under s. 7.23.

SB468,23,6 (i) All absentee certificate envelopes which have been opened shall be returned by the board of canvassers to the municipal clerk in a securely sealed carrier envelope that is clearly marked "used absentee certificate envelopes." The envelopes shall be signed by each member of the board of canvassers. Except when the ballots are used in a municipal or school district election only, the municipal clerk shall transmit the used envelopes to the county clerk.

SB468,23,9 (5) The vote of any absent elector may be challenged for cause and the board of canvassers shall have all the power and authority given the inspectors to hear and determine the legality of the ballot the same as if the ballot had been voted in person.

SB468,23,17 (6) (a) The board of canvassers shall review each certificate envelope to determine whether any absentee ballot is cast by an elector whose name appears on the poll list as ineligible to vote at the election. If the board of canvassers receives an absentee ballot that has been cast by an elector whose name appears on the poll list as ineligible to vote, the inspectors shall challenge the ballot in the same manner as provided for inspectors making challenges under s. 6.92 and shall treat the ballot in the manner as provided for treatment of challenged ballots by inspectors under s. 6.95.

SB468,24,12 (b) Any elector may challenge for cause any absentee ballot other than a ballot that was cast in person under s. 6.86 (1) (a) 2. or under s. 6.873. For the purpose of deciding upon ballots that are challenged for any reason, the board of canvassers may call before it any person whose absentee ballot is challenged if the person is available to be called. If the person challenged refuses to answer fully any relevant questions put to him or her by the board of canvassers under s. 6.92, the board of canvassers 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 members of the board of canvassers 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 10 days 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 board of canvassers 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.

SB468,25,8 (7) The board of canvassers shall maintain tally sheets on forms provided by the municipal clerk, which shall state the total number of votes cast for each office and for each individual receiving votes for that office, whether or not the individual's name appears on the ballot, and shall state the vote for and against each proposition voted on. If the board of canvassers recesses without completing the canvass of the absentee ballots, the municipal clerk shall secure the tally sheets, together with all ballots, envelopes, and other materials, and shall deliver them to the board of canvassers at its next meeting under sub. (1). Upon completion of the canvass of the absentee ballots, the board of canvassers shall immediately complete statements in duplicate. The statements shall state the excess, if any, by which the number of ballots exceeds the number of electors voting as shown by the poll list used by the board of canvassers under this section and shall state the poll list number of the last elector as shown by the poll list. Each member of the board of canvassers shall then certify to the correctness of the statements and tally sheets and sign their names. All other election officials assisting with the tally shall also certify to the correctness of the tally sheets. If the board of canvassers meets under sub. (1) before the day after election day, the canvassers shall not announce the results and the records of the count are not open to public inspection and copying under s. 19.35 (1). When the tally is complete, the board of canvassers shall publicly announce the results from the statements and the records of the count are open to public inspection and copying under s. 19.35 (1).

SB468,25,18 (8) The board of canvassers shall make full and accurate return of the votes cast for each candidate and proposition on the tally sheet forms. Each tally sheet shall record the returns for each office or referendum by ward, unless combined returns are authorized in accordance with s. 5.15 (6) (b), in which case the tally sheet shall record the returns for each group of combined wards. After recording the votes, the board of canvassers shall seal in a carrier envelope outside the ballot bag or container one inspector's statement under sub. (4) (d), one tally sheet, and one poll list for delivery to the county clerk, unless the election relates only to municipal or school district offices or referenda. The board of canvassers shall also similarly seal one statement, one tally sheet, and one poll list for delivery to the municipal clerk.

SB468,25,23 (9) The governing body of any municipality that has provided by ordinance enacted under sub. (1) for the canvassing of absentee ballots at all elections held in the municipality under this section may by similar action rescind that decision. Thereafter, the absentee ballots at all elections held in the municipality shall be canvassed as provided in s. 6.88.

SB468, s. 25 Section 25. 7.53 (1) of the statutes is amended to read:

SB468,26,18 7.53 (1) Municipalities with one polling place. Where the municipality constitutes one ward or combines all wards to utilize a single polling place under s. 5.15 (6) (b), the canvass of the votes cast at the polling place shall be conducted publicly under s. 7.51 and the inspectors shall act as the municipal board of canvassers. In municipalities where absentee ballots are canvassed under s. 7.52, after the canvass of the absentee ballots is completed under s. 7.52, the board of canvassers shall reconcile the poll list of the electors who vote by absentee ballot with the corresponding poll list of the electors who vote in person to ensure that no elector is allowed to cast more than one ballot. If an elector who votes in person has submitted an absentee ballot, the absentee ballot is void. Upon completion of the canvass under this section and any canvass that is conducted under s. 7.52 and ascertainment of the results by the inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52, by the inspectors and the board of canvassers, the municipal clerk shall publicly read to the inspectors or the board of canvassers the names of the persons voted for and the number of votes for each person for each municipal office, the names of the persons declared by the inspectors board of canvassers to have won nomination or election to each municipal office, and the number of votes cast for and against each municipal referendum question.

SB468, s. 26 Section 26. 7.53 (2) (d) of the statutes is amended to read:

SB468,27,15 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 except in municipalities where absentee ballots are canvassed under s. 7.52. In municipalities where absentee ballots are canvassed under s. 7.52, the canvass shall begin as soon as possible after the canvass of absentee ballots is completed under s. 7.52 but no later than 9 a.m. on the 2nd day after election day. After any canvass of the absentee ballots is completed under s. 7.52, the board of canvassers shall reconcile the poll list of the electors who vote by absentee ballot with the corresponding poll list of the electors who vote in person to ensure that no elector is allowed to cast more than one ballot. If an elector who votes in person has submitted an absentee ballot, the absentee ballot is void. 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.

SB468, s. 27 Section 27. 7.60 (3) of the statutes is amended to read:

SB468,28,7 7.60 (3) Canvassing. Not later than 9 a.m. on the Thursday after each election, or in any county that includes the territory of a municipality where absentee ballots are canvassed under s. 7.52, not later than 9 a.m. on the Friday after each election, 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.

SB468, s. 28 Section 28. 10.06 (1) (h) of the statutes is amended to read:

SB468,28,12 10.06 (1) (h) As soon as possible after the deadline for determining ballot arrangement for the September primary on, but no later than the Thursday after the 3rd Tuesday in July, the board shall send a type B notice to each county clerk certifying the list of candidates for the September primary.

SB468, s. 29 Section 29. 10.06 (2) (b) of the statutes is amended to read:

SB468,28,21 10.06 (2) (b) Upon As soon as possible after receipt of the type B notice from the board preceding the spring election, but no later than the Thursday after the 2nd Tuesday in January, each county clerk shall add any county offices, prepare begin preparation of the ballots, and send notice to each municipal clerk of the spring primary. When there is no state spring primary within the county and there is no presidential preference primary scheduled for the date of the spring primary, but there is to be a county spring primary, the county clerk shall prepare the ballots and send notice to each municipal clerk.

SB468, s. 30 Section 30. 10.06 (2) (e) of the statutes is amended to read:

SB468,29,2 10.06 (2) (e) Upon As soon as possible after receipt of the type B notice from the board, but no later than the Thursday after the first Tuesday in March, each county clerk shall add any county offices and referenda, prepare begin preparation of the ballots, and send notice to each municipal clerk of the coming spring election.

SB468, s. 31 Section 31. 10.06 (2) (j) of the statutes is created to read:

SB468,29,7 10.06 (2) (j) No later than the Monday after the county clerk receives from the board a type B notice for the September primary, the county clerk shall add the county offices and the county referenda, if any, begin preparation of the ballots, and send notice to each municipal clerk of the coming September primary.

SB468, s. 32 Section 32. 10.06 (2) (k) of the statutes is amended to read:

SB468,29,13 10.06 (2) (k) Upon As soon as possible following receipt of the type B notice from the board preceding the general election, but no later than the Thursday after the 4th Tuesday in September, the county clerk shall add county offices and referenda, if any, and send notice to each municipal clerk of the coming general election and prepare begin preparation of the ballots.

SB468, s. 33 Section 33. 12.13 (3) (ze) of the statutes is created to read:

SB468,29,17 12.13 (3) (ze) Compensate a person for obtaining voter registrations from other persons at a rate that varies in relation to the number of voter registrations obtained by the person.

SB468, s. 34 Section 34. 12.60 (1) (b) of the statutes is amended to read:

SB468,29,21 12.60 (1) (b) Whoever violates s. 12.03, 12.05, 12.07, 12.08, or 12.13 (2) (b) 8., or (3) (b), (c), (d), (g), (i), (n) to (x), (ze), (zm), or (zn) may be fined not more than $1,000, or imprisoned not more than 6 months, or both.

SB468, s. 35 Section 35. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB468, s. 36 Section 36. 20.510 (1) (e) of the statutes is created to read:

SB468,30,3 20.510 (1) (e) Election administration costs — state funds. The amounts in the schedule to pay for election administration costs not financed under par. (t) or (x).

SB468, s. 37 Section 37. 880.33 (9) of the statutes is amended to read:

SB468,30,17 880.33 (9) All the rights and privileges afforded a proposed incompetent under this section shall be given to any person who is alleged to be ineligible to register to vote or to vote in an election by reason that such person is incapable of understanding the objective of the elective process. The determination of the court shall be limited to a finding that the elector is either eligible or ineligible to register to vote or to vote in an election by reason that the person is or is not capable of understanding the objective of the elective process. The determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925 or, 6.93, or 7.52 (5) with the responsibility for determining challenges to registration and voting which may be directed against that elector. The determination may be reviewed as provided in s. 880.34 (4) and (5) and any subsequent determination of the court shall be likewise communicated by the clerk of court.

SB468, s. 38 Section 38. Effective date.

SB468,31,2 (1) This act takes effect on January 1, 2006, or the day after publication, whichever is later.

SB468,31,3 (End)