AB126: Bill Text

AB126, s. 74 Section 74. 6.56 (3m) of the statutes is amended to read:

AB126,43,2 6.56 (3m) As soon as possible after all information relating to registrations after the close of registration for an election is entered on the registration list following the election under s. 6.33 (5) (a), the board division shall compare the list of new registrants whose names do not appear on the poll lists for the election because the names were added after the board division certified the poll lists for use at the election with the list containing the names transmitted to the board division by the department of corrections under s. 301.03 (20) s. 301.03 (20m) as of election day. If the board division finds that the name of any person whose name appears on the list transmitted under s. 301.03 (20) s. 301.03 (20m) has been added to the registration list, the board division shall enter on the list the information transmitted to the board division under s. 301.03 (20) s. 301.03 (20m) and shall notify the district attorney that the person appears to have voted illegally at the election.

AB126, s. 75 Section 75. 6.56 (7) of the statutes is amended to read:

AB126,43,9 6.56 (7) The board division may elect to perform the duties of municipal clerks to conduct the audits required under subs. (3) and (4) for any election on behalf of all municipalities in the state. If the board division so elects, the board division shall, no later than the date of the election for which the audits will be performed, notify the municipal clerk of each municipality that the board division will perform the audits.

AB126, s. 76 Section 76. 6.57 of the statutes is amended to read:

AB126,43,14 6.57 Registration list for special elections. The municipal clerk of each municipality where a special election is held nonconcurrently with a regularly scheduled election shall obtain a copies of the current registration list from the board division for use in the special election.

AB126, s. 77 Section 77. 6.79 (1m) of the statutes is amended to read:

AB126,43,22 6.79 (1m) Separate poll lists. Two election officials at each election ward shall be in charge of and shall maintain 2 separate poll lists containing information relating to all persons voting. The municipal clerk may elect to maintain the information on the lists manually or electronically. If the lists are maintained electronically, the officials shall enter the information into an electronic data recording system that enables retrieval of printed copies of the lists at the polling place. The system employed is subject to the approval of the board division.

AB126, s. 78 Section 78. 6.86 (2) (a) of the statutes is amended to read:

AB126,44,6 6.86 (2) (a) An elector who is indefinitely confined because of age, physical illness or infirmity or is disabled for an indefinite period may by signing a statement to that effect require that an absentee ballot be sent to the elector automatically for every election. The application form and instructions shall be prescribed by the board division, and furnished upon request to any elector by each municipality. The envelope containing the absentee ballot shall be clearly marked as not forwardable. If any elector is no longer indefinitely confined, the elector shall so notify the municipal clerk.

AB126, s. 79 Section 79. 6.86 (2m) of the statutes is amended to read:

AB126,45,5 6.86 (2m) An elector other than an elector who is eligible to receive absentee ballots under sub. (2) may by written application filed with the municipal clerk of the municipality where the elector resides require that an absentee ballot be sent to the elector automatically for every election that is held within the same calendar year in which the application is filed. The application form and instructions shall be prescribed by the board division, and furnished upon request to any elector by each municipal clerk. The municipal clerk shall thereupon mail an absentee ballot to the elector for all elections that are held in the municipality during the same calendar year that the application is filed, except that the clerk shall not send an absentee ballot for an election if the elector's name appeared on the registration list in eligible status for a previous election following the date of the application but no longer appears on the list in eligible status. The municipal clerk shall ensure that the envelope containing the absentee ballot is clearly marked as not forwardable. If an elector who files an application under this subsection no longer resides at the same address that is indicated on the application form, the elector shall so notify the municipal clerk. The municipal clerk shall discontinue mailing absentee ballots to an elector under this subsection upon receipt of reliable information that the elector no longer qualifies for the service. The clerk shall notify the elector of any such action not taken at the elector's request within 5 days, if possible. If a municipal clerk is notified by an elector that the elector's residence is changed to another municipality within this state, the municipal clerk shall forward the request to the municipal clerk of that municipality and that municipal clerk shall honor the request, except as provided in this subsection.

AB126, s. 80 Section 80. 6.86 (3) (a) 1. of the statutes is amended to read:

AB126,45,13 6.86 (3) (a) 1. Any elector who is registered and who is hospitalized, may apply for and obtain an official ballot by agent. The agent may apply for and obtain a ballot for the hospitalized absent elector by presenting a form prescribed by the board division and containing the required information supplied by the hospitalized elector and signed by that elector and any other elector residing in the same municipality as the hospitalized elector, corroborating the information contained therein. The corroborating elector shall state on the form his or her full name and address.

AB126, s. 81 Section 81. 6.869 of the statutes is amended to read:

AB126,45,19 6.869 Uniform instructions. The board division shall prescribe uniform instructions for absentee voters. The instructions shall include information concerning the procedure for correcting errors in marking a ballot and obtaining a replacement for a spoiled ballot. The procedure shall, to the extent possible, respect the privacy of each elector and preserve the confidentiality of each elector's vote.

AB126, s. 82 Section 82. 6.87 (3) (d) of the statutes is amended to read:

AB126,46,15 6.87 (3) (d) A municipal clerk may, if the clerk is reliably informed by an absent elector of a facsimile transmission number or electronic mail address where the elector can receive an absentee ballot, transmit a facsimile or electronic copy of the absent elector's ballot to that elector in lieu of mailing under this subsection if, in the judgment of the clerk, the time required to send the ballot through the mail may not be sufficient to enable return of the ballot by the time provided under sub. (6). An elector may receive an absentee ballot under this subsection only if the elector has filed a valid application for the ballot under s. 6.86 (1). If the clerk transmits an absentee ballot under this paragraph, the clerk shall also transmit a facsimile or electronic copy of the text of the material that appears on the certificate envelope prescribed in sub. (2), together with instructions prescribed by the board division. The instructions shall require the absent elector to make and subscribe to the certification as required under sub. (4) and to enclose the absentee ballot in a separate envelope contained within a larger envelope, that shall include the completed certificate. The elector shall then affix sufficient postage unless the absentee ballot qualifies for mailing free of postage under federal free postage laws and shall mail the absentee ballot to the municipal clerk. Except as authorized in s. 6.97 (2), an absentee ballot received under this paragraph shall not be counted unless it is cast in the manner prescribed in this paragraph and in accordance with the instructions provided by the board division.

AB126, s. 83 Section 83. 6.875 (5) of the statutes is amended to read:

AB126,47,3 6.875 (5) Prior to entering upon his or her duties, each individual appointed to serve as a deputy under this section shall file the oath required by s. 7.30 (5). In the oath, the individual shall swear that he or she is qualified to act as a deputy under this section, that he or she has read the statutes governing absentee voting, that he or she understands the proper absentee voting procedure, that he or she understands the penalties for noncompliance with the procedure under s. 12.13, that his or her sacred obligation will be to fully and fairly implement the absentee voting law and seek to have the intent of the electors ascertained. In addition, the oath shall state that the individual realizes that any error in conducting the voting procedure may result in invalidation of an elector's vote under s. 7.51 (2) (e) and that the individual realizes that absentee voting is a privilege and not a constitutional right. The form of the oath shall be prescribed by the board division.

AB126, s. 84 Section 84. 6.92 (1) of the statutes is amended to read:

AB126,47,12 6.92 (1) Except as provided in sub. (2), each inspector shall challenge for cause any person offering to vote whom the inspector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an inspector, one of the inspectors shall administer the following oath or affirmation to the person: "You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding your place of residence and qualifications as an elector of this election"; and shall then ask questions which are appropriate as determined by the board division, by rule, to test the person's qualifications.

AB126, s. 85 Section 85. 6.925 of the statutes is amended to read:

AB126,47,25 6.925 Elector making challenge in person. Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an elector, one of the inspectors may administer the oath or affirmation to the challenged elector under s. 6.92 and ask the challenged elector the questions under that section which are appropriate to test the elector's qualifications. In addition, one of the inspectors shall administer the following oath or affirmation to the challenging elector: "You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding the challenged person's place of residence and qualifications as an elector of this election"; and shall then ask questions which are appropriate as determined by the board division, by rule, to test the qualifications of the challenged elector.

AB126, s. 86 Section 86. 6.95 of the statutes is amended to read:

AB126,48,21 6.95 Voting procedure for challenged electors. Whenever the inspectors under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been challenged, the inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the challenged person corresponding to the number kept at the election on the poll list, or other list maintained under s. 6.79, and the notation "s. 6.95". If voting machines are used in the municipality where the person is voting, the person's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding serial number from the poll list or other list maintained under s. 6.79 and the notation "s. 6.95" written on the back of the ballot by the inspectors before the ballot is given to the elector. The inspectors shall indicate on the list the reason for the challenge. The inspectors shall then deposit the ballot. The challenged ballots shall be counted under s. 5.85 or 7.51. The municipal board of canvassers may decide any challenge when making its canvass under s. 7.53. If the returns are reported under s. 7.60, a challenge may be reviewed by the county board of canvassers. If the returns are reported under s. 7.70, a challenge may be reviewed by the chairperson of the board or the chairperson's designee division. The decision of any board of canvassers or of the chairperson or chairperson's designee division may be appealed under s. 9.01. The standard for disqualification specified in s. 6.325 shall be used to determine the validity of challenged ballots.

AB126, s. 87 Section 87. 6.96 of the statutes is amended to read:

AB126,49,14 6.96 Voting procedure for electors voting pursuant to federal court order. Whenever any elector is allowed to vote at a polling place pursuant to a federal court order after the closing time provided under s. 6.78, the inspectors shall, before giving the elector a ballot, write on the back of the ballot the notation "s. 6.96". If voting machines are used in the municipality where the elector is voting, the elector's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the notation "s. 6.96" written on the back of the ballot by the inspectors before the ballot is given to the elector. When receiving the elector's ballot, the inspectors shall provide the elector with the written voting information prescribed by the board division under s. 7.08 (8). The inspectors shall indicate on the list the fact that the elector is voting pursuant to a federal court order. The inspectors shall then deposit the ballot. The ballot shall be counted under s. 5.85 or 7.51 unless the order is vacated. If the order is vacated after the ballot is counted, the appropriate board or boards of canvassers or the chairperson of the board or his or her designee division shall reopen the canvass to discount any ballots that were counted pursuant to the vacated order and adjust the statements, certifications, and determinations accordingly.

AB126, s. 88 Section 88. 6.97 (1) of the statutes is amended to read:

AB126,50,16 6.97 (1) Whenever any individual who is required to provide proof of residence under s. 6.34 in order to be permitted to vote appears to vote at a polling place and cannot provide the required proof of residence, the inspectors shall offer the opportunity for the individual to vote under this section. If the individual wishes to vote, the inspectors shall provide the elector with an envelope marked "Ballot under s. 6.97, stats." on which the serial number of the elector is entered and shall require the individual to execute on the envelope a written affirmation stating that the individual is a qualified elector of the ward or election district where he or she offers to vote and is eligible to vote in the election. The inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". If voting machines are used in the municipality where the individual is voting, the individual's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding number from the poll list or other list maintained under s. 6.79 and the notation "s. 6.97" written on the back of the ballot by the inspectors before the ballot is given to the elector. When receiving the individual's ballot, the inspectors shall provide the individual with written voting information prescribed by the board division under s. 7.08 (8). The inspectors shall indicate on the list the fact that the individual is required to provide proof of residence but did not do so. The inspectors shall notify the individual that he or she may provide proof of residence to the municipal clerk or executive director of the municipal board of election commissioners. The inspectors shall also promptly notify the municipal clerk or executive director of the name, address, and serial number of the individual. The inspectors shall then place the ballot inside the envelope and place the envelope in a separate carrier envelope.

AB126, s. 89 Section 89. 7.03 (1) (a) of the statutes is amended to read:

AB126,51,5 7.03 (1) (a) Except as authorized under this paragraph, a reasonable daily compensation shall be paid to each inspector, voting machine custodian, automatic tabulating equipment technician, member of a board of canvassers, messenger, and tabulator who is employed and performing duties under chs. 5 to 12. Daily compensation shall also be provided to inspectors and inspector trainees for attendance at training programs conducted by the board division and municipal clerks under ss. 7.31 and 7.315. Alternatively, such election officials and trainees may be paid by the hour at a proportionate rate for each hour actually worked. Any election official or trainee may choose to volunteer his or her services by filing with the municipal clerk of the municipality in which he or she serves a written declination to accept compensation. The volunteer status of the election official or trainee remains effective until the official or trainee files a written revocation with the municipal clerk.

AB126, s. 90 Section 90. 7.03 (1) (b) of the statutes is amended to read:

AB126,51,12 7.03 (1) (b) Except as provided in par. (bm), any compensation owed shall be paid by the municipality in which the election is held, except that any compensation payable to a technician, messenger, tabulator, or member of the board of canvassers who is employed to perform services for the county shall be paid by the county and compensation payable to any messenger or tabulator who is employed to perform services for the state shall be paid by the board division.

AB126, s. 91 Section 91. 7.03 (2) of the statutes is amended to read:

AB126,51,20 7.03 (2) The amount of compensation of election officials, when authorized or required, shall be fixed by the appropriate county board of supervisors, municipal governing body, or municipal board of election commissioners in cities over 500,000 population. The board division shall fix the amount to be paid any person employed to perform duties for the state. If the board division employs an individual to perform duties which are the responsibility of a county or municipality, the board division shall charge the expense to the county or municipality.

AB126, s. 92 Section 92. 7.08 (intro.) of the statutes is amended to read:

AB126,51,24 7.08 Elections board division. (intro.) In addition to its duties for ballot arrangement under ch. 5 and date and notice requirements under ch. 10, the board division shall:

AB126, s. 93 Section 93. 7.08 (1) (a) of the statutes is amended to read:

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: