AB904: Bill Text

AB904,18,14 7.51 (2) (e) Except in municipalities where absentee ballots are canvassed under s. 7.52, if after any ballots have been laid aside, the number of remaining ballots still exceeds the total number of electors recorded on the poll list reduced by the number of ballots separated under par. (c), the inspectors shall separate the absentee ballots that were not laid aside or separated under par. (b) or (c) from the other ballots. If there is an excess number of those absentee ballots, the inspectors shall place the absentee ballots in the ballot box and one of the inspectors shall publicly and without examination draw therefrom by chance the number of ballots equal to the excess number of absentee ballots. If there is an excess number of nonabsentee ballots, the inspectors shall place those ballots in the ballot box and one of the inspectors shall publicly and without examination draw therefrom by chance the number of ballots equal to the excess number of those ballots. All ballots so removed may not be counted but shall be specially marked as having been removed by the inspectors 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 inspectors shall return all ballots to be counted, including the ballots of military electors that were separated under par. (c), to the ballot box and shall turn the ballot box in such manner as to thoroughly mix the ballots. The inspectors shall then open, count and record the number of votes. When the ballots are counted, the inspectors 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.

AB904, s. 28 Section 28. 7.51 (5) (b) of the statutes is amended to read:

AB904,19,3 7.51 (5) (b) The municipal clerk shall deliver all ballots, statements, tally sheets, lists, and envelopes relating to a school district election to the school district clerk by 4 p.m. on the day following each such election. The municipal clerk or a deputy clerk under direction of the municipal clerk shall personally 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 no later than 4 p.m. on the day following each such election or, in municipalities where absentee ballots are canvassed under s. 7.52, by 4. p.m. on the 2nd day following each such election, and no later than 4 p.m. on the day after receiving any corrected returns under s. 6.221 (6) (b). The person delivering the returns shall be paid out of the municipal treasury. Each county clerk shall retain ballots, statements, tally sheets, or envelopes received by the clerk until destruction is authorized under s. 7.23 (1).

AB904, s. 29 Section 29. 7.52 (3) (a) of the statutes is amended to read:

AB904,20,3 7.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier envelope only, and, in such a manner that a member of the public, if he or she desired, could hear, 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 absentee ballot canvassers finds that the certification has been properly executed and the applicant is a qualified elector of the ward or election district, the board of absentee ballot 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 absentee ballot 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 absentee ballot 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 absentee ballot canvassers shall verify that the ballot has been endorsed by the issuing clerk. If the certificate envelope indicates that the ballot is cast by a military elector, as defined in s. 6.34 (1) (a) 1. or 2., the board of absentee ballot canvassers shall write on the back of the ballot "Military elector s. 6.34 (1) (a) 1. or 2., stats.". If the poll list indicates that proof of residence is required and no proof of residence 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 absentee ballot canvassers shall proceed as provided under s. 6.97 (2). The board of absentee ballot 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 absentee ballot 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.

AB904, s. 30 Section 30. 7.52 (3) (b) of the statutes is amended to read:

AB904,20,22 7.52 (3) (b) When the board of absentee ballot 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 unsealed 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 absentee ballot canvassers that an elector voting an absentee ballot has since died, the board of absentee ballot canvassers shall not count the ballot. Each member of the board of absentee ballot canvassers shall endorse every ballot not counted on the back as "rejected (giving the reason)." The board of absentee ballot 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 absentee ballot 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 absentee ballot canvassers shall sign the statement. The board of absentee ballot canvassers shall then return the envelope containing the ballots to the municipal clerk.

AB904, s. 31 Section 31. 7.52 (4) (b) of the statutes is amended to read:

AB904,21,8 7.52 (4) (b) When during the counting of the ballots cast at an election the board of absentee ballot canvassers finds that a ballot is so defective that it cannot determine with reasonable certainty for whom it was cast, the board of absentee ballot canvassers shall so mark the ballot and preserve it. The board of absentee ballot canvassers shall not count the vote cast on the ballot for any office for which it determines the ballot to be defective. Notwithstanding s. 5.01 (1), the board of absentee ballot canvassers shall not count any absentee ballot that does not bear the initials of the municipal clerk or a deputy clerk. The board of absentee ballot canvassers shall mark, lay aside, and carefully preserve any absentee ballot not bearing the initials of the municipal clerk or a deputy clerk.

AB904, s. 32 Section 32. 7.52 (4) (c) of the statutes is amended to read:

AB904,21,22 7.52 (4) (c) Whenever the number of ballots exceeds the number of voting electors as indicated on the poll list, the board of absentee ballot 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 absentee ballot 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 absentee ballot canvassers shall place all ballots face down and proceed to check for the initials. The board of absentee ballot canvassers shall mark, lay aside, and preserve any ballot not bearing the initials of the municipal clerk. During The board of absentee ballot canvassers shall then temporarily separate the absentee ballots marked "Military elector s. 6.34 (1) (a) 1. or 2., stats." from the other ballots. Except as provided in par. (b), during the count, the board of absentee ballot canvassers shall count those ballots cast by challenged electors the same as the other ballots.

AB904, s. 33 Section 33. 7.52 (4) (d) of the statutes is amended to read:

AB904,22,5 7.52 (4) (d) The board of absentee ballot canvassers shall keep a written statement, in duplicate, of the number of ballots set aside, the number of ballots separated as military elector ballots, 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 absentee ballot canvassers shall certify that the statement is correct, sign it, and attach it to the tally sheets.

AB904, s. 34 Section 34. 7.52 (4) (e) of the statutes is amended to read:

AB904,22,23 7.52 (4) (e) If, after any ballots have been set aside, the number of remaining ballots still exceeds the total number of electors recorded on the poll list reduced by the number of ballots separated under par. (c), the board of absentee ballot canvassers shall place the absentee ballots that were not laid aside or separated under par. (b) or (c) 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 absentee ballot 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 absentee ballot canvassers shall return all ballots to be counted, including the ballots of military electors that were separated under par. (c), to the ballot box and shall turn the ballot box in such manner as to thoroughly mix the ballots. The board of absentee ballot canvassers shall then open, count, and record the number of votes. When the ballots are counted, the board of absentee ballot 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.

AB904, s. 35 Section 35. 7.60 (1) of the statutes is amended to read:

AB904,23,5 7.60 (1) Keep office open. On election night the county clerk shall keep the clerk's office open to receive reports from the ward inspectors and shall post all returns. On the day after election day, the county clerk shall keep the clerk's office open until the clerk has received all ballots, statements, tally sheets, lists, and envelopes from each municipal clerk.

AB904, s. 36 Section 36. 9.01 (1) (at) of the statutes is created to read:

AB904,23,15 9.01 (1) (at) 1. The municipal clerk shall assist the municipal board of canvassers in conducting any recount that is conducted by the board of canvassers, except that if the municipal clerk is found under s. 5.06 or in any judicial action or proceeding to have violated the election laws or any applicable requirement contained in the election manual published under s. 7.08 (3) or is restrained from violating the laws or manual, the municipal clerk shall not participate in assisting the board of canvassers. The appointing authority shall designate the municipal clerk of another municipality to serve in lieu of the municipal clerk who is not participating.

AB904,24,2 2. No individual who serves as a chief inspector, an inspector, or a special registration deputy appointed under s. 6.55 (6) may participate in conducting a recount if the individual is found under s. 5.06 or in any judicial action or proceeding to have violated the election laws or any applicable requirement contained in the election manual published under s. 7.08 (3) or is restrained from violating the laws or manual until the municipal clerk of the municipality where the individual serves certifies that the individual has successfully completed a training program under s. 7.31 or 7.315. No such individual may participate in conducting a recount if a complaint against the individual under s. 5.06 is pending before the board or an appeal of the decision of the board relating to the individual is pending before a court on the day of the election.

AB904, s. 37 Section 37. 9.01 (1) (b) (intro.) of the statutes is amended to read:

AB904,24,14 9.01 (1) (b) (intro.) The proper board of canvassers shall reconvene no earlier than 9 a.m. on the day following delivery of notice to all candidates under sub. (2) and no later than 9 a.m. on the day following the last day for filing of a petition, or if the original canvass is subject to correction under s. 6.221 (6) (b), immediately after issuance of the amended statement and determination in the original canvass, whichever is later. The board of canvassers shall then proceed to recount the ballots in the wards or municipalities specified and to review the allegations of fact contained in the petition or petitions. Each step performed by the board of canvassers shall be consistent with applicable law and applicable requirements of the election manual published under s. 7.08 (3). The recount shall proceed for each ward or municipality as follows:

AB904, s. 38 Section 38. 9.01 (1) (b) 2. of the statutes is amended to read:

AB904,24,23 9.01 (1) (b) 2. The board of canvassers shall then examine the absentee ballot envelopes. Any defective absentee ballot envelopes shall be laid aside, properly marked and carefully preserved. The number of voters shall be reduced by the number of ballot envelopes set aside under this subdivision. An absentee ballot envelope is defective only if it is not witnessed or, if it is not signed by the voter, if the envelope was open or unsealed when it was originally received by the inspectors, or if the certificate accompanying an absentee ballot that the voter received by facsimile transmission or electronic mail is missing.

AB904, s. 39 Section 39. 9.01 (1) (b) 4. a. and b. of the statutes are amended to read:

AB904,25,5 9.01 (1) (b) 4. a. When the container or bag has been checked, it shall be opened and the contents removed. The board of canvassers shall, without examination other than what is necessary to determine that each is a single ballot, count the number of ballots in the container or bag, excluding ballots removed under s. 7.51 (2) (b) and (e).

AB904,25,18 b. The board of canvassers shall then, for each opened absentee ballot envelope that was laid aside as defective under subd. 2., without inspection, randomly draw one absentee ballot that was not laid aside under s. 7.51 (2) (b) from the container or bag. In differentiating absentee ballots from other ballots, the board of canvassers shall presume that a ballot initialed only by the municipal clerk, the executive director of the board of election commissioners, or a deputy clerk or secretary is an absentee ballot. If there are more defective absentee ballot envelopes than there are probable absentee ballots, all of the probable absentee ballots that were not laid aside under s. 7.51 (2) (b) shall be removed from the container or bag. Additional ballots shall be removed only if the number of remaining ballots still exceeds the number of voting electors recorded under subd. 1., reduced by the number of defective envelopes set aside under subd. 2. All ballots removed shall not be counted, but shall be marked as to the reason for their removal, set aside and carefully preserved.

AB904, s. 40 Section 40. 9.01 (1) (b) 4. c. of the statutes is amended to read:

AB904,25,25 9.01 (1) (b) 4. c. If, after completing the steps set forth in subd. 4. b., the number of ballots still exceeds the number of voters, the board of canvassers shall place all ballots face up to check for blank ballots. Any blank ballots shall be so marked, set aside and carefully preserved. The board of canvassers shall then temporarily separate the absentee ballots marked "Military elector s. 6.34 (1) (a) 1. or 2., stats." from the other ballots.

AB904, s. 41 Section 41. 9.01 (1) (b) 4. d. of the statutes is amended to read:

AB904,26,12 9.01 (1) (b) 4. d. If, after completing the steps set forth in subd. 4. c., the number of remaining ballots still exceeds the total number of voters reduced by the number of defective envelopes set aside under subd. 2. and by the number of ballots temporarily separated under subd. 4. c., the board of canvassers shall place all ballots face down to then check the initials. Any ballot not properly initialed by 2 inspectors or any absentee ballot not properly initialed by the municipal clerk, the executive director of the board of election commissioners, or a deputy clerk or secretary shall be temporarily set aside and the board of canvassers shall, without inspection, randomly draw from these ballots as many as are necessary to reduce the number of ballots to equal the number of voters. Any ballots removed for lack of initials shall not be counted but shall be marked, set aside and carefully preserved.

AB904, s. 42 Section 42. 9.01 (1) (b) 4. e. of the statutes is amended to read:

AB904,26,22 9.01 (1) (b) 4. e. If, after completing the steps set forth in subd. 4. d., the number of remaining ballots still exceeds the number of voters reduced by the number of defective envelopes set aside under subd. 2. and by the number of ballots temporarily separated under subd. 4. c., the remaining ballots shall be returned to the container or bag and the board of canvassers shall draw a number of ballots equal to the excess number of ballots by chance and without inspection from the container or bag. These ballots shall not be counted but shall be marked as having been removed by the canvassers on recount due to an excess number of ballots, set aside and carefully preserved.

AB904, s. 43 Section 43. 9.01 (1) (b) 5. of the statutes is amended to read:

AB904,27,3 9.01 (1) (b) 5. When the number of ballots and voters agree, or after noting that the number of voters exceeds the number of ballots, the board of canvassers shall return all ballots to be counted, including the ballots of military electors that were separated under subd. 4. c., to the ballot box and shall turn the ballot box in such manner as to thoroughly mix the ballots. The recount shall then begin.

AB904, s. 44 Section 44. 9.01 (5) (a) of the statutes is amended to read:

AB904,27,24 9.01 (5) (a) The board of canvassers or the chairperson of the board or the chairperson's designee shall keep complete minutes of all proceedings before the board of canvassers or the chairperson or designee. The minutes shall include a description of each step in the recount process that is performed by the board of canvassers or the chairperson or designee and the findings of the board of canvassers or the chairperson or designee with respect to that step, if any. The minutes shall include a record of objections and offers of evidence. If the board of canvassers or the chairperson or chairperson's designee receives exhibits from any party, the board of canvassers or the chairperson or designee shall number and preserve the exhibits. The board of canvassers or the chairperson or chairperson's designee shall make specific findings of fact with respect to any irregularity raised in the petition or discovered during the recount. Any member of the board of canvassers or the chairperson or chairperson's designee may receive testimony, administer oaths, certify official acts and issue subpoenas for purposes of this section. The board of canvassers or the chairperson of the board or the chairperson's designee may question an elector concerning the process of voting or assistance provided to the elector, but shall not question an elector as to which candidates or questions the elector voted for or against. Witness fees shall be paid by the county. In the case of proceedings before the chairperson of the board or chairperson's designee, witness fees shall be paid by the board.

AB904, s. 45 Section 45. 10.02 (3) (g) of the statutes is amended to read:

AB904,28,7 10.02 (3) (g) An elector may select an individual to assist in casting his or her vote if the elector declares to the presiding official that he or she is unable to read, has difficulty reading, writing or understanding English or that due to disability is unable to cast his or her ballot. The selected individual rendering assistance may not be a municipal clerk or a deputy clerk, the elector's employer or an agent of that employer, or an officer or agent of a labor organization which represents the elector and shall not advise the elector to vote for or against any candidate.

AB904, s. 46 Section 46. 12.13 (2) (b) 9. of the statutes is created to read:

AB904,28,9 12.13 (2) (b) 9. Duplicate a ballot that bears the initials of an election inspector.

AB904, s. 47 Section 47. 12.13 (2) (c) of the statutes is created to read:

AB904,28,14 12.13 (2) (c) No municipal clerk or deputy clerk may assist an elector who declares that he or she is unable to read, has difficulty in reading, writing, or understanding English, or due to disability is unable to mark his or her ballot, in marking the elector's ballot.

AB904, s. 48 Section 48. 12.13 (3) (j) of the statutes is amended to read:

AB904,28,24 12.13 (3) (j) When called upon to assist an elector who cannot read or write, has difficulty in reading, writing or understanding English, or is unable to mark a ballot or depress a lever or button on a voting machine, inform the elector that a ballot contains names or words different than are printed or displayed on the ballot with the intent of inducing the elector to vote contrary to his or her inclination, intentionally fail to cast a vote in accordance with the elector's instructions, advise the elector to vote for or against any candidate, or reveal the elector's vote to any 3rd person. For purposes of this paragraph, advice includes any gesture or other visual or verbal indication of a preferred candidate.

AB904, s. 49 Section 49. 12.13 (4) of the statutes is created to read:

AB904,29,5 12.13 (4) Canvassers. If any member of a board or canvassers, or the chairperson of the board or chairperson's designee, questions an elector in violation of s. 9.01 (5) (a), the member, chairperson or designee may be fined not more than $1,000 or imprisoned for not more than 6 months, or both, and for a 2nd or subsequent offense within 5 years is guilty of a Class I felony.

AB904, s. 50 Section 50. 12.60 (1) (b) of the statutes is amended to read:

AB904,29,9 12.60 (1) (b) Whoever violates s. 12.03, 12.05, 12.07, 12.08 or 12.13 (2) (b) 8. or 9. or (c), (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.

AB904,29,10 (End)