AB39: Bill Text

AB39, s. 32 Section 32. 6.56 (5) of the statutes is amended to read:

AB39,18,8 6.56 (5) Whenever any letter or postcard mailed under this section is returned undelivered, or whenever the U.S. postal service notifies the clerk of an improper address which was apparently improper on the day of the election or whenever it otherwise appears that a person has voted who is not qualified or has voted more than once in an election, and the person has been permitted to vote after corroboration was made under s. 6.285 (2) (b), 6.55 (2) or 6.86 (3) (a) 2., the municipal clerk shall also provide the name of the corroborator shall also be provided to the district attorney for the county where the person resides and the board.

AB39, s. 33 Section 33. 6.77 (1) of the statutes is amended to read:

AB39,18,16 6.77 (1) An elector may vote only at the polling place for his or her residence designated by the governing body or board of election commissioners of the municipality where the elector resides, at a satellite absentee voting station designated under s. 6.873 (1) in the municipality where the elector resides, or at a nursing home, qualified retirement home, or qualified community-based residential facility where absentee voting is conducted under s. 6.875 (6) in the municipality where the elector resides.

AB39, s. 34 Section 34. 6.79 (2) (c) of the statutes is amended to read:

AB39,19,2 6.79 (2) (c) The officials shall maintain separate lists for electors who are voting under s. 6.15, 6.29, or 6.55 (2) or (3), electors who are voting after presenting a certificate issued under s. 6.285 (2) (b) 2. or 6.29 (2) (b), and electors who are reassigned from another polling place under s. 5.25 (5) (b) and shall enter the full name, address, and serial number of each of these electors on the appropriate separate list. Alternatively, if the poll list is maintained electronically, the officials may enter on the poll list the information that would otherwise appear on a separate list if the information that would be obtainable from a separate list is entered on the poll list.

AB39, s. 35 Section 35. 6.82 (1) of the statutes is amended to read:

AB39,20,4 6.82 (1) Receipt of ballot at poll entrance. (a) When any of the inspectors are at a polling place or a special voting deputy at a satellite absentee voting station designated under s. 6.873 (1) is informed that an elector is at the entrance to the polling place or station who as a result of disability is unable to enter the polling place or station, they shall permit the elector to be assisted in marking a ballot by any individual selected by the elector, except the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector. The individual selected by the elector shall provide proof of residence under s. 6.34 for the assisted elector, whenever required, and all other information necessary for the elector to obtain a ballot under s. 6.79 (2) or 6.873 (4). The inspectors or the special voting deputy shall issue a ballot to the individual selected by the elector and shall accompany the individual to the polling place or satellite absentee voting station entrance where the assistance is to be given. If the ballot is a paper ballot, the assisting individual shall fold the ballot after the ballot is marked by the assisting individual. The assisting individual shall then immediately take the ballot into the polling place or satellite absentee voting station and give the ballot to an inspector or special voting deputy. The inspector or special voting deputy shall distinctly announce that he or she has "a ballot offered by .... (stating person's name), an elector who, as a result of disability, is unable to enter the polling place or satellite absentee voting station without assistance". The inspector shall then ask, "Does anyone object to the reception of this ballot?" If no objection is made, the inspectors or special voting deputy shall record the elector's name under s. 6.79 and on the poll or registration list. The inspector shall deposit the ballot in the ballot box, and the special voting deputy shall seal and secure the absentee ballot. The inspector or deputy shall make a notation on the poll or registration list: "Ballot received at poll entrance" or "Ballot received at voting station entrance".

AB39,20,6 (b) If objection to receiving the ballot is made by any qualified elector present, the inspectors or special voting deputy shall receive the ballot under s. 6.95.

AB39, s. 36 Section 36. 6.82 (2) (a) and (d) of the statutes are amended to read:

AB39,20,19 6.82 (2) (a) If an elector declares to the presiding election official at a polling place or to a special voting deputy at a satellite absentee voting station designated under s. 6.873 (1) that he or she cannot read or write, or has difficulty in reading, writing or understanding English or that due to disability is unable to mark a ballot or depress a button or lever on a voting machine, the elector shall be informed by the officials or deputy that he or she may have assistance. When assistance is requested, the elector may select any individual to assist in casting his or her vote. The selected individual rendering assistance may not be the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector. The selected individual shall certify on the back of the ballot that it was marked with his or her assistance. Where voting machines are used, certification shall be made on the registration list.

AB39,20,23 (d) The election officials or special voting deputy shall enter upon the poll or registration list after the name of any elector who had assistance in voting the word "assisted". The officials shall also record on the poll or registration list the full name and address of the individual who renders assistance.

AB39, s. 37 Section 37. 6.82 (3) of the statutes is amended to read:

AB39,21,7 6.82 (3) Use of paper ballots. Whenever, in a municipality in which voting machines are an electronic voting system is used, an elector declares to the chief inspector at a polling place or a special voting deputy at a satellite absentee voting station designated under s. 6.873 (1) that, due to physical disability, the elector is unable to depress a button or lever on a voting machine mark the ballot used with an electronic voting system, the inspectors or deputy shall permit the elector to vote using a paper ballot and voting booth.

AB39, s. 38 Section 38. 6.855 (1) of the statutes is amended to read:

AB39,22,2 6.855 (1) The governing body of a municipality may elect to designate a site other than the office of the municipal clerk or board of election commissioners as the primary location from which electors of the municipality may request and vote absentee ballots and to which voted absentee ballots shall be returned by electors for any election. The designated site shall be located as near as practicable to the office of the municipal clerk or board of election commissioners and no site may be designated that affords an advantage to any political party. Unless one or more satellite absentee voting stations are designated under s. 6.873 (1), this site shall be the sole location that absentee voting is conducted by the municipality. An election by a governing body to designate an alternate site under this section shall be made no fewer than 14 days prior to the time that absentee ballots are available for the primary under s. 7.15 (1) (cm), if a primary is scheduled to be held, or at least 14 days prior to the time that absentee ballots are available for the election under s. 7.15 (1) (cm), if a primary is not scheduled to be held, and shall remain in effect until at least the day after the election. If the governing body of a municipality makes an election under this section, no function related to voting and return of absentee ballots that is to be conducted at the alternate site may be conducted in the office of the municipal clerk or board of election commissioners.

AB39, s. 39 Section 39. 6.86 (1) (a) 5. of the statutes is amended to read:

AB39,22,5 6.86 (1) (a) 5. By delivering an application to a special voting deputy under s. 6.873 (4) or 6.875 (6).

AB39, s. 40 Section 40. 6.86 (1) (ar) of the statutes is amended to read:

AB39,22,11 6.86 (1) (ar) Except as authorized in s. ss. 6.873 (3) (b) and 6.875 (6), the municipal clerk shall not issue an absentee ballot unless the clerk receives a written application therefor from a qualified elector of the municipality. The clerk shall retain each absentee ballot application until destruction is authorized under s. 7.23 (1).

AB39, s. 41 Section 41. 6.87 (3) (a) of the statutes is amended to read:

AB39,22,25 6.87 (3) (a) Except as authorized under par. (d) and as otherwise provided in s. ss. 6.873 and 6.875, the municipal clerk shall mail the absentee ballot to the elector's residence unless otherwise directed by the elector, or shall deliver it to the elector personally at the clerk's office or at an alternate site under s. 6.855. If the ballot is mailed, and the ballot qualifies for mailing free of postage under federal free postage laws, the clerk shall affix the appropriate legend required by U.S. postal regulations. Otherwise, the clerk shall pay the postage required for return when the ballot is mailed from within the United States. If the ballot is not mailed by the absentee elector from within the United States, the absentee elector shall provide return postage. If the ballot is delivered to the elector at the clerk's office, or an alternate site under s. 6.855, or a satellite absentee voting station designated under s. 6.873 (1), the ballot shall be voted at the office or, alternate site, or station and may not be removed by the elector therefrom.

AB39, s. 42 Section 42. 6.873 of the statutes is created to read:

AB39,23,20 6.873 Absentee voting at satellite absentee voting stations. (1) Designation of satellite absentee voting stations. The municipal clerk or board of election commissioners of any municipality may designate any location, other than the office of the municipal clerk or board of election commissioners and other than a nursing or retirement home or community-based residential facility under s. 6.875, as a satellite absentee voting station where electors of the municipality may vote by absentee ballot. The municipal clerk or board of election commissioners may designate a station on private property only if the person who owns the property or otherwise has authority to consent to its use by the municipality consents to the designation and consents to the enforcement of s. 12.03 (2m) on property owned or controlled by the person. Any designation of a satellite absentee voting station for an election under this subsection shall be made no fewer than 14 days prior to the time that absentee ballots are available for the primary under s. 7.15 (1) (cm), if a primary is scheduled to be held, or at least 14 days prior to the time that absentee ballots are available for the election under s. 7.15 (1) (cm), if a primary is not scheduled to be held, and shall remain in effect until at least the day after the election. The municipal clerk or board of election commissioners shall not designate a location as a satellite absentee voting station if there is a charge for the municipality to use the location.

AB39,24,11 (2) Appointment of special voting deputies. (a) Appointment. The municipal clerk or board of election commissioners shall appoint at least one qualified elector of this state as a special voting deputy to receive absentee ballots at each station established under sub. (1). The appointment shall be made without regard to political party affiliation. The special voting deputy shall be able to read and write the English language, be capable, and be of good understanding, and may not be a candidate for any office to be voted for at an election for which he or she serves. The governing body of the municipality may require a special voting deputy to prove his or her ability to read and write English and to have a general knowledge of the election laws. The municipal clerk or board of election commissioners may administer examinations to determine whether an individual qualifies for appointment under this paragraph. The municipal clerk or board of election commissioners shall instruct the special voting deputy in the deputy's duties and responsibilities. The municipal clerk or board of election commissions shall ensure that all training meets the requirements prescribed in the rules promulgated by the board under s. 7.315.

AB39,24,22 (b) Oath. Before performing his or her duties, each special voting deputy appointed under par. (a) 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.

AB39,25,2 (c) Term of office. Except as otherwise provided in this paragraph, each special voting deputy appointed under par. (a) shall hold office for 2 years and until his or her successor is appointed and qualified. The municipal clerk or board of election commissioners may revoke a special voting deputy's appointment at any time.

AB39,25,17 (d) Authority and duties. For the purpose of ensuring compliance with this section and s. 6.285, each special voting deputy appointed under par. (a) has supervision over the satellite absentee voting station to which he or she is assigned. The special voting deputy is subject to the supervision of the municipal clerk or board of election commissioners. The special voting deputy has full authority to maintain order and to enforce obedience to his or her lawful commands at any time during which absentee ballots may be cast at the station. The special voting deputy shall prevent any person from taking notice of how another person has voted, except when assistance is given under s. 6.87 (5). The special voting deputy shall enforce s. 5.35 (5) and prevent electioneering from taking place in violation of ss. 12.03 (1m) or (2m) or 12.035. If any person refuses to obey the lawful commands of a special voting deputy, is disorderly in the presence or hearing of the special voting deputy, or interrupts or disturbs the proceedings, the special voting deputy may order any law enforcement officer to remove the person from the voting area or to take the person into custody.

AB39,26,11 (3) Operation of satellite absentee voting stations. (a) Operation. No satellite absentee voting station may be open for purposes of this subsection or s. 6.285 at any time before the official absentee ballots for the applicable election are prepared under s. 7.15 (1) (cm) or at any time after 5 p.m. on the day before the election. All voting booths and machines shall be placed apart from other activities at the satellite absentee voting station, with their exteriors in full view of each special voting deputy. Only the special voting and registration deputies, persons observing the proceedings under s. 7.41, persons assisting voters under s. 6.82 (2), and electors receiving, preparing or depositing their ballots or casting their votes on the machines are permitted in the voting area. Except where assistance is authorized, only one elector at a time is permitted in a voting booth or machine. No satellite absentee voting station may be situated so as to interfere with or distract election officials from carrying out their duties. The municipal clerk or board of election commissioners and special voting deputies shall prevent interference with and distraction of electors at satellite absentee voting stations. At each satellite absentee voting station, the municipal clerk or board of election commissioners shall post the materials specified in s. 5.35 (6) (a) 1. to 3. and 4a. to 5. and (b), positioned so that they may be readily observed by electors entering the satellite absentee voting station or waiting in line to vote.

AB39,27,3 (b) Supplies and equipment for satellite absentee voting stations. If an electronic voting machine is used at a satellite absentee voting station the machine must be of a type that produces a ballot for enclosure in the certified envelope. The municipal clerk or board of election commissioners shall issue a copy of the current registration list for the municipality and a supply of absentee ballots to the special voting deputy that is sufficient to provide for the number of valid applications that the clerk or board of election commissioners reasonably expects will be made at the satellite absentee voting station. The municipal clerk or board of election commissioners shall provide for each satellite absentee voting station a copy of the list provided by the department of corrections under s. 301.03 (20m) of individuals who are ineligible to vote at the next election. In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in any language other than English, the board shall ensure that the voting system used at each satellite absentee voting station in that jurisdiction is in compliance with 42 USC 1973aa-1a. The municipal clerk or board of election commissioners shall keep a careful record of all ballots issued to the deputy and shall require the deputy to return every ballot that he or she is issued.

AB39,27,6 (4) Absentee voting procedure. (a) Registration. Any qualified elector of a municipality may register to vote under s. 6.285 (2) at a satellite absentee voting station located in the municipality.

AB39,28,3 (b) Voting. The special voting deputy shall personally offer any qualified elector of the municipality who makes a proper written application with the deputy the opportunity to cast his or her absentee ballot. The deputy shall write on the official ballot, in the space for the official endorsement, his or her initials and official title. If proof of residence is required, the elector shall provide proof of residence under s. 6.34. If proof of residence is provided, the special voting deputy shall verify that the name and address on the identification document submitted as proof of residence provided is the same as the name and address shown on the registration list. Prior to permitting an elector to vote, the special voting deputy shall review the copy of the current list provided by the department of corrections under s. 301.03 (20m). If the elector's name appears on the list, the special voting deputy shall inform the elector of this fact. If the elector maintains that he or she is eligible to vote in the election, the special voting deputy shall provide the elector with a ballot and, after the elector casts his or her vote, shall challenge the ballot as provided in s. 6.92 and treat the ballot in the manner provided in s. 6.95. The elector and a witness shall then make and subscribe to the certification on the certificate envelope and the elector shall vote the ballot in the manner prescribed in s. 6.87 (4). Notwithstanding s. 6.87 (4), the elector shall then seal the ballot inside the certificate envelope and give the sealed certificate envelope containing the ballot to the deputy. The deputy shall promptly forward the ballot application and sealed certificate envelope containing each ballot to the municipal clerk or board of election commissioners in the manner specified by the municipal clerk or board of election commissioners.

AB39,28,8 (c) Return of materials. The municipal clerk or board of election commissioners shall ensure that whenever a satellite absentee voting station is closed, all materials and equipment are fully secured, and after the last day of operation before an election, all materials are promptly returned to the office of the clerk or board of election commissioners in a secure manner.

AB39, s. 43 Section 43. 6.88 (3) (a) of the statutes is amended to read:

AB39,29,5 6.88 (3) (a) Except in municipalities where absentee ballots are canvassed under s. 7.52, at any time between the opening and closing of the polls on election day, the inspectors shall, in the same room where votes are being cast, in such a manner that members of the public can hear and see the procedures, 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 inspectors find 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, they shall enter an indication on the poll list next to the applicant's name indicating an absentee ballot is cast by the elector. They shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The inspectors 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 inspectors shall verify that the ballot has been endorsed by the issuing clerk or special voting deputy. If the poll list indicates that proof of residence under s. 6.34 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 inspectors shall proceed as provided under s. 6.97 (2). The inspectors shall then deposit the ballot into the proper ballot box and enter the absent elector's name or voting number after his or her name on the poll list in the same manner as if the elector had been present and voted in person.

AB39, s. 44 Section 44. 6.92 (1) of the statutes is amended to read:

AB39,29,15 6.92 (1) Except as provided in sub. (2), each inspector and each special voting deputy shall challenge for cause any person offering to vote whom the inspector or deputy knows or suspects is not a qualified elector. If a person is challenged as unqualified by an inspector, one of the inspectors or deputy, the inspector or deputy 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, by rule, to test the person's qualifications.

AB39, s. 45 Section 45. 6.95 of the statutes is amended to read:

AB39,30,16 6.95 Voting procedure for challenged electors. Whenever the inspectors under ss. 6.92 to 6.94 receive the vote ballot of a person offering to vote who has been challenged, the inspectors shall, before giving the elector person 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". Whenever a special voting deputy under s. 6.873 (4) receives the ballot of a person offering to vote who has been challenged, the deputy shall, before giving the person a ballot, write on the back of the ballot a unique number and the notation "s. 6.95" and shall enter the person's name and address and the number on a separate list. If voting machines are used in the municipality at the polling place 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 or special voting deputy shall indicate on the list the reason for the challenge. The If the ballot is cast at a polling place, 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. The decision of any board of canvassers or of the chairperson or chairperson's designee 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.

AB39, s. 46 Section 46. 7.03 (1) (d) of the statutes is amended to read:

AB39,30,22 7.03 (1) (d) Except as otherwise provided in par. (a), special registration deputies appointed under s. 6.285 (1) or 6.55 (6), special voting deputies appointed under s. 6.873 (2) or 6.875 (4) and officials and trainees who attend training sessions under s. 7.15 (1) (e) or 7.25 (5) may also be compensated by the municipality where they serve at the option of the municipality.

AB39, s. 47 Section 47. 7.15 (1) (a) of the statutes is amended to read:

AB39,30,25 7.15 (1) (a) Equip polling places and satellite absentee voting stations designated under s. 6.873 (1).

AB39, s. 48 Section 48. 7.15 (1) (c) of the statutes is amended to read:

AB39,31,5 7.15 (1) (c) Prepare ballots for municipal elections, and distribute ballots and provide other supplies for conducting all elections. The municipal clerk shall deliver the ballots to the polling places and satellite absentee voting stations designated under s. 6.873 (1) before the polls polling places and stations open.

AB39, s. 49 Section 49. 7.15 (1) (e) of the statutes is amended to read:

AB39,31,16 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 under ss. 7.31 and 7.315. The clerk shall assure that officials who serve at polling places and satellite absentee voting stations designated under s. 6.873 (1) 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.

AB39, s. 50 Section 50. 7.15 (1) (L) of the statutes is amended to read:

AB39,31,22 7.15 (1) (L) Compile and, no later than 7 days after each general election, transmit to the board the lists of electors registering to vote under ss. 6.285 (2), 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).

AB39, s. 51 Section 51. 7.22 (5) of the statutes is amended to read:

AB39,32,3 7.22 (5) The chief of police shall station a police officer at polling places and satellite absentee voting stations designated by under s. 6.873 (1) upon request of the municipal board of election commissioners for each election.

AB39, s. 52 Section 52. 7.25 (5) and (6) (a) of the statutes are amended to read:

AB39,32,11 7.25 (5) Before an election each election official serving at a polling place or satellite absentee voting stations designated under s. 6.873 (1) where voting machines are used shall be instructed in their use and their duties in connection with them by the municipal clerk, who shall call as many meetings to give instructions to the election officials as are necessary. Officials and trainees may be compensated for attendance. Any person who does not understand the machines shall not be paid nor be allowed to serve.

AB39,32,17 (6) (a) Where voting machines are used at any polling place or satellite absentee voting stations designated under s. 6.873 (1), the election officials for each ward shall meet at their proper polling place and the special voting deputy or deputies at each station shall be present at least 15 minutes before the time set for opening of the polls polling place or station to arrange the voting machines and furniture to properly conduct the election.

AB39, s. 53 Section 53. 7.30 (2) (a) of the statutes is amended to read:

AB39,33,21 7.30 (2) (a) Only election officials appointed under this section or s. 6.285, 6.873 or 6.875 may conduct an election. Except as otherwise provided in this paragraph and in ss. 7.15 (1) (k) and 7.52 (1) (b), each election official who serves at a polling place shall be a qualified elector of the ward or wards, or the election district, for which the polling place is established. A special registration deputy who is appointed under s. 6.55 (6) or an election official who is appointed under this section to fill a vacancy under par. (b) need not be a resident of the ward or wards, or the election district, but shall be a resident of the municipality, except that if a municipal clerk or deputy clerk serves as a registration deputy or is appointed to fill a vacancy under par. (b), the clerk or deputy clerk need not be a resident of the municipality, but shall be a resident of the state. No more than 2 individuals holding the office of clerk or deputy clerk may serve without regard to municipal residency in any municipality at any election. Special registration deputies who are appointed under s. 6.55 (6) may be appointed to serve more than one polling place. All officials appointed under this section shall be able to read and write the English language, be capable, and be of good understanding, and may not be a candidate for any office to be voted for at an election at which they serve. In 1st class cities, they may hold no public office other than notary public. Except as authorized under subs. (1) (b) and (4) (c), all inspectors shall be affiliated with one of the 2 recognized political parties which received the largest number of votes for president, or governor in nonpresidential general election years, in the ward or combination of wards served by the polling place at the last election. Excluding the inspector who may be appointed under sub. (1) (b), the party which received the largest number of votes is entitled to one more inspector than the party receiving the next largest number of votes at each polling place. Election officials appointed under this section may serve the electors of more than one ward where wards are combined under s. 5.15 (6) (b). If a municipality is not divided into wards, the ward requirements in this paragraph apply to the municipality at large.

AB39, s. 54 Section 54. 7.315 (1) (a) and (b) 1. of the statutes are amended to read:

AB39,34,2 7.315 (1) (a) The board 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. ss. 6.873 and 6.875, and to special registration deputies appointed under ss. 6.26, 6.285, and 6.55 (6).

AB39,34,11 (b) 1. Each inspector other than a chief inspector and , each special voting deputy appointed under s. 6.873 or 6.875, and each special registration deputy appointed under s. 6.26, 6.285, or 6.55 (6) shall view or attend at least one training program every 2 years. Except as provided in subd. 2., no individual may serve as an inspector, other than a chief inspector, as a special voting deputy under s. 6.873 or 6.875, or as a special registration deputy under s. 6.26, 6.285, or 6.55 (6) at any election unless the individual has completed training for that election provided by the municipal clerk pursuant to rules promulgated under par. (a) within 2 years of the date of the election.

AB39, s. 55 Section 55. 7.37 (2) of the statutes is amended to read:

AB39,34,23 7.37 (2) Preserve order. The inspectors shall possess full authority to maintain order and to enforce obedience to their lawful commands during the election and the canvass of the votes. They shall permit only one person in a voting booth at a time and shall prevent any person from taking notice of how another person has voted, except when assistance is given under s. 6.82. They shall enforce s. 5.35 (5) and prevent electioneering and distribution of election-related material from taking place in violation of ss. 12.03 (1) and (2) and 12.035. If any person refuses to obey the lawful commands of an inspector, or is disorderly in the presence or hearing of the inspectors, interrupts or disturbs the proceedings, they may order any law enforcement officer to remove the person from the voting area or to take the person into custody.

AB39, s. 56 Section 56. 7.41 (1) of the statutes is amended to read:

AB39,35,11 7.41 (1) Any member of the public may be present at any polling place or at any satellite absentee voting station designated under s. 6.873 (1), in the office of any municipal clerk whose office is located in a public building on any day that absentee ballots may be cast in that office, or at an alternate site under s. 6.855 on any day that absentee ballots may be cast at that site for the purpose of observation of an election and the absentee ballot voting process, except a candidate whose name appears on the ballot at the polling place or on an absentee ballot to be cast at the clerk's office or alternate site at that election. The municipal clerk, or the chief inspector or municipal clerk at a polling place or a special voting deputy at a satellite absentee voting station may reasonably limit the number of persons representing the same organization who are permitted to observe under this subsection at the same time.

AB39, s. 57 Section 57. 7.41 (2) of the statutes is amended to read:

AB39,35,21 7.41 (2) The municipal clerk, the chief inspector or municipal clerk at a polling place, or a special voting deputy at a satellite absentee voting station designated under s. 6.873 (1) may restrict the location of any individual exercising the right under sub. (1) to certain areas within a polling place, the clerk's office, or an alternate site under s. 6.855, a polling place, or a satellite absentee voting station. The municipal clerk, chief inspector, or municipal clerk special voting deputy shall clearly designate such an area as an observation area. Designated observation areas shall be so positioned to permit any authorized individual to readily observe all public aspects of the voting process.

AB39, s. 58 Section 58. 7.41 (3) (intro.) of the statutes is amended to read:

AB39,35,25 7.41 (3) (intro.) The municipal clerk, chief inspector or municipal clerk special voting deputy may order the removal of any individual exercising the right under sub. (1) if that individual commits an overt act which:

AB39, s. 59 Section 59. 7.41 (3) (a) of the statutes is amended to read:

AB39,36,4 7.41 (3) (a) Disrupts the operation of the clerk's office, an alternate site designated under s. 6.855, a polling place, clerk's office, or alternate site under s. 6.855 or a satellite absentee voting station designated under s. 6.873 (1); or

AB39, s. 60 Section 60. 7.41 (3) (b) of the statutes is amended to read:

AB39,36,6 7.41 (3) (b) Violates s. 12.03 (2) or (2m) or 12.035.

AB39, s. 61 Section 61. 7.41 (4) of the statutes is amended to read:

AB39,36,15 7.41 (4) No individual exercising the right under sub. (1) may view the confidential portion of a registration list maintained under s. 6.36 (4) or a poll list maintained under s. 6.79 (6). However, the inspectors or municipal clerk, or a special voting deputy appointed under s. 6.873, shall disclose to such an individual, upon request, the existence of such a list, the number of electors whose names appear on the list, and the number of those electors who have voted at any point in the proceedings. No such individual may view the certificate of an absent elector who obtains a confidential listing under s. 6.47 (2).

AB39, s. 62 Section 62. 7.50 (1) (d) of the statutes is amended to read:

AB39,37,2 7.50 (1) (d) Whenever an electronic voting system is used at a polling place or satellite absentee voting station designated under s. 6.873 (1) in a partisan primary, and the same ballot is utilized to cast votes for candidates of more than one recognized political party or candidates of a party and independent candidates, if an elector designates a preference for a party or for independent candidates, only votes cast within that preference category may be counted. If an elector does not designate a preference and makes a mark or affixes a sticker opposite candidates of more than one recognized political party or opposite a candidate in the independent candidates' column and a candidate of a recognized political party, no votes cast by the elector for any candidate for partisan office are valid. Votes for other candidates and votes on ballot questions, if any, shall be counted if otherwise valid.

AB39, s. 63 Section 63. 7.50 (2) (intro.) of the statutes is amended to read:

AB39,37,9 7.50 (2) Ascertainment of intent. (intro.) All ballots cast at an election which bear the initials of 2 inspectors or of the municipal clerk or special voting deputy who issued the ballot shall be counted for the person or referendum question for whom or for which they were intended, so far as the electors' intent can be ascertained from the ballots notwithstanding informality or failure to fully comply with other provisions of chs. 5 to 12. To determine intent:

AB39, s. 64 Section 64. 7.51 (2) (c) of the statutes is amended to read:

AB39,37,21 7.51 (2) (c) Whenever the number of ballots exceeds the number of voting electors as indicated on the poll list, the inspectors 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 inspectors shall mark, lay aside and preserve any blank ballots. Except in municipalities where absentee ballots are canvassed under s. 7.52, if the number of ballots still exceeds the number of voting electors, the inspectors 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 2 inspectors or any absentee ballot not bearing the initials of the municipal clerk or special voting deputy who issued the ballot. During the count the inspectors shall count those ballots cast by challenged electors the same as the other ballots.

AB39, s. 65 Section 65. 7.52 (1) (c) of the statutes is amended to read:

AB39,38,4 7.52 (1) (c) In each municipality where absentee ballots are canvassed under this section, no later than the closing hour of the polls, the municipal clerk shall post at his or her office and on the Internet at a site announced by the clerk before the polls open, and shall make available to any person upon request, a statement of the number of absentee ballots that the clerk municipality has mailed or, transmitted , or delivered to electors and that have been returned by the closing hour on election day. The posting shall not include the names or addresses of any electors.

AB39, s. 66 Section 66. 7.52 (3) (a) and (4) (c) of the statutes are amended to read:

AB39,39,2 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 or special voting deputy. 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.

AB39,39,13 (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 or special voting deputy who issued the ballot. During the count, the board of absentee ballot canvassers shall count those ballots cast by challenged electors the same as the other ballots.

AB39, s. 67 Section 67. 12.03 (1) of the statutes is renumbered 12.03 (1) (a) and amended to read:

AB39,39,18 12.03 (1) (a) No election official may engage in electioneering on election day. This paragraph does not apply to an election official who is appointed under s. 6.285 or 6.873 and is not serving as an election official on election day.

AB39,39,21 (b) No municipal clerk or employee of the clerk may engage in electioneering in the clerk's office or at the alternate site under s. 6.855 during the hours that ballots may be cast at those locations.

AB39, s. 68 Section 68. 12.03 (1m) of the statutes is created to read:

AB39,39,25 12.03 (1m) No election official appointed under s. 6.285 or 6.873 may engage in electioneering at a satellite absentee voting station designated under s. 6.873 (1) during the hours that absentee ballots may be cast at the station.