AB126: Bill Text

AB126,52,7 7.08 (1) (a) Prescribe all official ballot forms necessary under chs. 5 to 12 and revise the official ballot forms to harmonize with legislation and the current official status of the political parties whenever necessary. The board division shall provide one copy of each ballot form without charge to each county and municipal clerk and board of election commissioners. The board division shall distribute or arrange for distribution of additional copies. The prescribed forms shall be substantially followed in all elections under chs. 5 to 12.

AB126, s. 94 Section 94. 7.08 (1) (b) of the statutes is amended to read:

AB126,52,14 7.08 (1) (b) Prescribe the necessary standard sample forms and ballot containers to make the canvass, returns, statements and tally sheet statements for all elections the results of which are reportable to the board division under s. 7.60 (4) (a), and all other materials as it deems necessary to conduct the elections. The sample forms shall contain the necessary certificates of the inspectors and canvassers with notes explaining their use and statutory basis.

AB126, s. 95 Section 95. 7.08 (1) (c) of the statutes is amended to read:

AB126,52,20 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1), 6.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board division.

AB126, s. 96 Section 96. 7.08 (1) (d) of the statutes is amended to read:

AB126,53,3 7.08 (1) (d) Promulgate rules for the administration of the statutory requirements for voting machines and electronic voting systems and any other voting apparatus which may be introduced in this state for use at elections. Pursuant to such responsibility, the board division may obtain assistance from competent persons to check the machines, systems and apparatus and approve for use those types meeting the statutory requirements and shall establish reasonable compensation for persons performing duties under this paragraph.

AB126, s. 97 Section 97. 7.08 (2) (a) of the statutes is amended to read:

AB126,53,21 7.08 (2) (a) As soon as possible after the closing date for filing nomination papers or after the canvass of the primary vote, but no later than the deadlines established in s. 10.06, transmit to each county clerk a certified list of all candidates on file in its office for which electors in that county may vote. The list shall designate the order of arrangement and contain each candidate's first name, middle initial or initials and last name, unless the candidate on his or her nomination papers or declaration of candidacy specifies that the middle initial be deleted, that a full middle name or former legal surname be substituted for the middle initial, that an initial be substituted for the candidate's first name or that a nickname be substituted for a first or middle name or for a first initial or middle initial or initials, but no other abbreviations or titles are permitted. The list shall also include each candidate's residence and post-office address; the office for which the person is a candidate; and, the party or principle the candidate represents, if any, in 5 words or less. Names of candidates nominated under s. 7.38 or 8.35 shall be certified by the board division upon filing of the necessary papers with it. At any time prior to an election, the board division may transmit an amended certification if a candidate dies or is determined not to qualify for ballot placement.

AB126, s. 98 Section 98. 7.08 (3) (intro.) of the statutes is amended to read:

AB126,54,2 7.08 (3) Election manual. (intro.) Prepare and publish separate from the election laws an election manual written so as to be easily understood by the general public explaining the duties of the election officials, together with notes and references to the statutes as the board division considers advisable. The election manual shall:

AB126, s. 99 Section 99. 7.08 (3) (a) of the statutes is amended to read:

AB126,54,4 7.08 (3) (a) Be compiled by the board division.

AB126, s. 100 Section 100. 7.08 (4) of the statutes is amended to read:

AB126,54,9 7.08 (4) Election laws. Publish the election laws. The board division shall sell or distribute or arrange for the sale or distribution of copies of the election laws to county and municipal clerks and boards of election commissioners and members of the public.

AB126, s. 101 Section 101. 7.08 (6) of the statutes is amended to read:

AB126,54,18 7.08 (6) Enforcement of federal voting system standards. Following each general election, audit the performance of each voting system used in this state to determine the error rate of the system in counting ballots that are validly cast by electors. If the error rate exceeds the rate permitted under standards of the federal election commission in effect on October 29, 2002, the board division shall take remedial action and order remedial action to be taken by affected counties and municipalities to ensure compliance with the standards. Each county and municipality shall comply with any order received under this subsection.

AB126, s. 102 Section 102. 7.08 (7) of the statutes is amended to read:

AB126,54,24 7.08 (7) Voting system transitional assistance. From the appropriation under s. 20.510 (1) 20.575 (2) (c), provide assistance to municipalities that used punch card electronic voting systems at the 2001 spring election to enable the municipalities to employ another type of electronic voting system, and provide training for election officials in the use of replacement systems.

AB126, s. 103 Section 103. 7.10 (1) (a) of the statutes is amended to read:

AB126,55,6 7.10 (1) (a) Each county clerk shall provide ballots for every election in the county for all national, state and county offices, including metropolitan sewerage commission elections under s. 200.09 (11) (am), for municipal judges elected under s. 755.01 (4) and for state and county referenda. The official and sample ballots shall be prepared in substantially the same form as those prescribed by the board division under s. 7.08 (1) (a).

AB126, s. 104 Section 104. 7.10 (2) of the statutes is amended to read:

AB126,55,13 7.10 (2) Preparing ballots. The county clerk shall prepare copy for the official ballots immediately upon receipt of the certified list of candidates' names from the board division. Names certified by the board division shall be arranged in the order certified. The county clerk shall place the names of all candidates filed in the clerk's office or certified to the clerk by the board division on the proper ballot or ballots under the appropriate office and party titles.

AB126, s. 105 Section 105. 7.10 (3) (a) of the statutes is amended to read:

AB126,55,22 7.10 (3) (a) The county clerk shall distribute the ballots to the municipal clerks no later than 31 days before each September primary and general election and no later than 22 days before each other primary and election. Election forms prepared by the board division shall be distributed at the same time. If the board division transmits an amended certification under s. 7.08 (2) (a) or if the board division or a court orders a ballot error to be corrected under s. 5.06 (6) or 5.72 (3) after ballots have been distributed, the county clerk shall distribute corrected ballots to the municipal clerks as soon as possible.

AB126, s. 106 Section 106. 7.10 (4) of the statutes is amended to read:

AB126,56,3 7.10 (4) Resolving notice doubts. When in doubt as to compliance with the statutory requirements for election notices or the correct fees to be paid for them, the county clerk may consult the board division.

AB126, s. 107 Section 107. 7.10 (7) of the statutes is amended to read:

AB126,56,7 7.10 (7) Voter education. Each county clerk shall assist the board division in conducting educational programs under s. 5.05 (12) to inform electors about the voting process.

AB126, s. 108 Section 108. 7.10 (8) of the statutes is amended to read:

AB126,56,11 7.10 (8) Free election information exchange. Each county clerk shall assist the board division and municipal clerks in maintaining toll-free telephone lines and other free access systems under s. 5.05 (13) for exchange of voting information.

AB126, s. 109 Section 109. 7.10 (9) of the statutes is amended to read:

AB126,56,14 7.10 (9) Training of election officials. Each county clerk shall assist the board division in the training of election officials under s. 5.05 (7).

AB126, s. 110 Section 110. 7.10 (10) of the statutes is amended to read:

AB126,56,17 7.10 (10) Information to board division. Each county clerk shall provide to the board division any information requested under s. 5.05 (14).

AB126, s. 111 Section 111. 7.15 (1) (e) of the statutes is amended to read:

AB126,57,2 7.15 (1) (e) Train election officials in their duties, calling them together whenever advisable, advise them of changes in laws, rules and procedures affecting the performance of their duties, and administer examinations as authorized under s. 7.30 (2) (c). The training shall conform with the requirements prescribed in rules promulgated by the board division under ss. 7.31 and 7.315. The clerk shall assure that officials who serve at polling places where an electronic voting system is used are familiar with the system and competent to instruct electors in its proper use. The clerk shall inspect systematically and thoroughly the conduct of elections in the municipality so that elections are honestly, efficiently and uniformly conducted.

AB126, s. 112 Section 112. 7.15 (1) (L) of the statutes is amended to read:

AB126,57,8 7.15 (1) (L) Compile and, no later than 7 days after each general election, transmit to the board division the lists of electors registering to vote under ss. 6.29 (2) (a), 6.55 (2) (b) and (c) 1. and 6.86 (3) (a) 2. who presented valid drivers' licenses issued by other states. The clerk shall withhold access to the lists from inspection or copying under s. 19.35 (1).

AB126, s. 113 Section 113. 7.15 (1m) of the statutes is amended to read:

AB126,57,12 7.15 (1m) Attend training. Each municipal clerk shall, at least once every 2 years, attend a training program sponsored by the board division under ss. 7.31 and 7.315.

AB126, s. 114 Section 114. 7.15 (8) of the statutes is amended to read:

AB126,57,16 7.15 (8) Resolving notice doubts. When in doubt as to compliance with the statutory requirements for election notices or the correct fees to be paid for them, the municipal clerk may consult the board division.

AB126, s. 115 Section 115. 7.15 (9) of the statutes is amended to read:

AB126,57,20 7.15 (9) Voter education. Each municipal clerk shall assist the board division in conducting educational programs under s. 5.05 (12) to inform electors about the voting process.

AB126, s. 116 Section 116. 7.15 (10) of the statutes is amended to read:

AB126,57,24 7.15 (10) Free election information exchange. Each municipal clerk shall assist the board division in maintaining toll-free telephone lines and any other free access systems under s. 5.05 (13) for exchange of voting information.

AB126, s. 117 Section 117. 7.15 (13) of the statutes is amended to read:

AB126,58,2 7.15 (13) Information to board division. Each municipal clerk shall provide to the board division any information requested under s. 5.05 (14).

AB126, s. 118 Section 118. 7.30 (2) (c) of the statutes is amended to read:

AB126,58,9 7.30 (2) (c) The governing body of any municipality may require all persons serving as election officials to prove their ability to read and write English and to have a general knowledge of the election laws. Examinations may be given to prove the qualifications can be met. The municipal clerk shall ensure that all training meets the training requirements prescribed in rules promulgated by the board division under ss. 7.31 and 7.315.

AB126, s. 119 Section 119. 7.30 (4) (e) of the statutes is amended to read:

AB126,58,15 7.30 (4) (e) If an appointing authority believes that, for good cause, it should not appoint an individual whose name is submitted as a first choice nominee under par. (b), it may request the board division to authorize nonappointment. The board division may permit nonappointment of an individual for cause demonstrated by an appointing authority.

AB126, s. 120 Section 120. 7.30 (6) (b) of the statutes is amended to read:

AB126,59,3 7.30 (6) (b) Prior to the first election following the appointment of the inspectors, the municipal clerk shall appoint one of the inspectors at each polling place, other than an inspector who is appointed under sub. (1) (b), to serve as chief inspector. No person may serve as chief inspector at any election who is not certified by the board division under s. 7.31 at the time of the election. The chief inspector shall hold the position for the remainder of the term unless the inspector is removed by the clerk or the inspector ceases to be certified under s. 7.31, except that whenever wards are combined or separated under s. 5.15 (6) (b), the municipal clerk shall appoint another inspector who is certified under s. 7.31 to serve as chief inspector at each polling place designated under s. 5.15 (6) (b). If a vacancy occurs in the position of chief inspector at any polling place, the municipal clerk shall appoint one of the other inspectors who is certified under s. 7.31 to fill the vacancy.

AB126, s. 121 Section 121. 7.31 (1) of the statutes is amended to read:

AB126,59,8 7.31 (1) The board division shall, by rule, prescribe requirements for certification of individuals to serve as chief inspectors. The requirements shall include a requirement to attend at least one training session held under sub. (5) before beginning service. The requirements shall not include taking an examination.

AB126, s. 122 Section 122. 7.31 (2) of the statutes is amended to read:

AB126,59,12 7.31 (2) No individual may serve as a chief inspector at a polling place in an election unless the individual is certified by the board division to hold that office on the date of the election at which the individual serves.

AB126, s. 123 Section 123. 7.31 (3) of the statutes is amended to read:

AB126,59,16 7.31 (3) The board division shall, upon application, issue certificates to qualified individuals who meet the requirements to be certified as chief inspectors. Each certificate shall carry an expiration date.

AB126, s. 124 Section 124. 7.31 (4) of the statutes is amended to read:

AB126,59,23 7.31 (4) The board division shall require each individual to whom a certificate is issued under this section to meet requirements to maintain that certification. The requirements shall include a requirement to attend at least one training session held under sub. (5) every 2 years. The board division shall renew the certificate of any individual who requests renewal and who meets the requirements prescribed under this subsection.

AB126, s. 125 Section 125. 7.31 (5) of the statutes is amended to read:

AB126,60,5 7.31 (5) The board division shall conduct regular training programs to ensure that individuals who are certified by the board division under this section are knowledgeable concerning their authority and responsibilities. The board division shall pay all costs required to conduct the training programs from the appropriation under s. 20.510 (1) 20.575 (2) (bm).

AB126, s. 126 Section 126. 7.315 (1) (a) of the statutes is amended to read:

AB126,60,10 7.315 (1) (a) The board division shall, by rule, prescribe the contents of the training that municipal clerks must provide to inspectors, other than chief inspectors, to special voting deputies appointed under s. 6.875, and to special registration deputies appointed under ss. 6.26 and 6.55 (6).

AB126, s. 127 Section 127. 7.315 (2) of the statutes is amended to read:

AB126,60,17 7.315 (2) The board division shall, by rule, prescribe requirements for, and the content of, training required of municipal clerks under s. 7.15 (1m). The board division may provide such training directly or arrange for such training to be provided by other organizations. The rules shall provide a method for notifying the relevant municipal governing body if a municipal clerk fails to attend required training.

AB126, s. 128 Section 128. 7.315 (3) of the statutes is amended to read:

AB126,60,22 7.315 (3) The board division may produce and periodically reissue as necessary a video program for the purpose of training election officials, including special voting deputies and special registration deputies. The board division shall make any such program available for viewing electronically through an Internet-based system.

AB126, s. 129 Section 129. 7.38 (5) of the statutes is amended to read:

AB126,61,3 7.38 (5) In the event of failure to file the name of a current state chairperson, as required under s. 8.17 (12), the board division may not recognize the state committee for the purpose of filling vacancies under sub. (1).

AB126, s. 130 Section 130. 7.41 (5) of the statutes is amended to read:

AB126,61,8 7.41 (5) The board division may promulgate rules that are consistent with the requirements of sub. (2) regarding the proper conduct of individuals exercising the right under sub. (1), including the interaction of those individuals with inspectors and other election officials.

AB126, s. 131 Section 131. 7.52 (1) (a) of the statutes is amended to read:

AB126,62,2 7.52 (1) (a) 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 absentee ballot canvassers designated under s. 7.53 (2m) shall canvass all absentee ballots at all elections held in the municipality. Prior to enacting an ordinance under this subsection, the municipal clerk or board of election commissioners of the municipality shall notify the board division in writing of the proposed enactment and shall consult with the board division concerning administration of this section. At every election held in the municipality following enactment of an ordinance under this subsection, the board of absentee ballot canvassers shall, any time after the opening of the polls and before 10 p.m. on election day, 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 absentee ballot canvassers under this subsection that the individual would have under s. 7.41 to observe the proceedings at a polling place. The board of absentee ballot canvassers may order the removal of any individual exercising the right to observe the proceedings if the individual disrupts the meeting.

AB126, s. 132 Section 132. 7.60 (4) (a) and (5) (a) and (b) of the statutes are amended to read:

AB126,62,23 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected under s. 755.01 (4) serves a municipality that is located partially within the county and candidates for that judgeship file nomination papers in another county, the board of canvassers shall prepare a duplicate statement showing the numbers of votes cast for that judgeship in that county for transmittal to the other county. For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district or statewide referendum. Each statement shall state the total number of votes cast in the county for each office; the names of all persons for whom the votes were cast, as returned; the number of votes cast for each person; and the number of votes cast for and against any question submitted at a referendum. The board of canvassers shall use one copy of each duplicate statement to report to the elections board division, technical college district board or board of canvassers of any other county and shall file the other statement in the office of the county clerk or board of election commissioners.

AB126,63,16 (5) (a) Immediately following the canvass, the county clerk shall deliver or send to the elections board division, by 1st class mail, a certified copy of each statement of the county board of canvassers for president and vice president, state officials, senators and representatives in congress, state legislators, justice, court of appeals judge, circuit judge, district attorney, and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on forms prescribed by the elections board division the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the elections board division no later than 7 days after each primary except the September primary, no later than 10 days after the September primary and any other election except the general election, and no later than 14 days after the general election. The board of canvassers shall deliver or transmit a certified copy of each statement for any technical college district referendum to the secretary of the technical college district board.

AB126,64,2 (b) If the board of canvassers becomes aware of a material mistake in the canvass of an election for state or national office or a statewide or technical college district referendum prior to the close of business on the day the elections board division receives returns from the last county board of canvassers with respect to that canvass, the board of canvassers may petition the elections board division to reopen and correct the canvass. The elections board division shall direct the canvass to be reopened and corrected if it determines that the public interest so requires. If the elections board division directs the canvass to be reopened, the board of canvassers shall reconvene and transmit a certified corrected copy of the canvass statement to the elections board division or secretary of the technical college district board.

AB126, s. 133 Section 133. 7.70 (1) (a) and (b), (3) (a), (b), (c), (d), (e) (intro.), (g), (h) and (i) and (5) (a) and (b) of the statutes are amended to read:

AB126,64,7 7.70 (1) (a) Upon receipt of the certified statements from the county clerks, the elections board division shall record the election results by counties and file and carefully preserve the statements.

AB126,64,14 (b) If any county clerk fails or neglects to forward any statements, the elections board division may require the clerk to do so immediately and if not received by the 8th day after a primary, or by the 11th day after any other election, the elections board division may dispatch a special messenger to obtain them. Whenever it appears upon the face of any statement that an error has been made in reporting or computing, the elections board division may return it to the county clerk for correction.

AB126,64,21 (3) (a) The chairperson of the board or a designee of the chairperson appointed by the chairperson to canvass a specific election division shall publicly canvass the returns and make his or her its certifications and determinations on or before the 2nd Tuesday following a spring primary, the 15th day of May following a spring election, the 3rd Wednesday following a September primary, the first day of December following a general election, the 2nd Thursday following a special primary, or within 18 days after any special election.

AB126,65,7 (b) The chairperson of the board or the chairperson's designee division shall examine the certified statements of the county boards of canvassers. If it appears that any material mistake has been made in the computation of votes, or any county board of canvassers failed to canvass the votes or omitted votes from any ward or election district in the county, the chairperson of the board or the chairperson's designee division may dispatch a messenger to the county clerk with written instructions to certify the facts concerning the mistake or the reason why the votes were not canvassed. A clerk to whom such instructions are delivered shall immediately make a true and full answer, sign it, affix the county seal and deliver it to the messenger. The messenger shall deliver it with all possible dispatch to the board division.

AB126,65,9 (c) The chairperson of the board or the chairperson's designee division shall conclude the state canvass within 10 days after its commencement.

AB126,65,20 (d) When the certified statements and returns are received, the chairperson of the board or the chairperson's designee division shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; court of appeals judge; circuit judge; district attorney; metropolitan sewerage commission, if the commissioners are elected under s. 200.09 (11) (am); and for any referenda questions submitted by the legislature.

AB126,65,23 (e) (intro.) The chairperson of the board administrator or the chairperson's administrator's designee shall make a special statement to the board division as soon as possible after the canvass certifying: