AB39: Bill Text

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.

AB39, s. 69 Section 69. 12.03 (2m) of the statutes is created to read:

AB39,40,7 12.03 (2m) (a) No person may engage in electioneering within any building, or at the doors to any building, in which a satellite absentee voting station is designated under s. 6.873 (1) during the hours that absentee ballots may be cast at the station. This paragraph applies to electioneering on private property only if the property is owned or controlled by the person who consented under s. 6.873 (1) to the designation of the station.

AB39,40,16 (b) Except as otherwise provided in this paragraph, no person may engage in electioneering within 100 feet of a satellite absentee voting station that is designated under s. 6.873 (1) and that is not located within a building during the hours that absentee ballots may be cast at the station. This paragraph applies to electioneering on private property only if the property is owned or controlled by the person who consented under s. 6.873 (1) to the designation of the station. This paragraph does not apply to the placement of any material on the bumper of a motor vehicle that is parked or operated at a place and time where electioneering is prohibited under this paragraph.

AB39, s. 70 Section 70. 12.03 (3) of the statutes is amended to read:

AB39,40,20 12.03 (3) A municipal clerk, election inspector, special voting deputy, or law enforcement officer may remove posters or other advertising which is placed in violation of this section.

AB39, s. 71 Section 71. 12.035 (1) of the statutes is amended to read:

AB39,41,2 12.035 (1) In this section, "election-related material" means any written matter which describes, or purports to describe, the rights or responsibilities of individuals voting or registering to vote at a polling place or voting an absentee ballot at a polling place, at the office of the municipal clerk or an alternate site under s. 6.855, or at a satellite absentee voting station designated under s. 6.873.

AB39, s. 72 Section 72. 12.035 (3) (c) and (d) of the statutes are amended to read:

AB39,41,7 12.035 (3) (c) No person may post or distribute any election-related material at the office of the municipal clerk or at, an alternate site under s. 6.855, or a satellite absentee voting designated station under s. 6.873 during hours that absentee ballots may be cast.

AB39,41,12 (d) No person may post or distribute election-related material during the hours that absentee ballots may be cast on any public property within 100 feet of an entrance to a building containing in which the office of the municipal clerk or, an alternate site under s. 6.855, or a satellite absentee voting station designated under s. 6.873 is located.

AB39, s. 73 Section 73. 12.035 (5) of the statutes is amended to read:

AB39,41,16 12.035 (5) A municipal clerk, election inspector, special voting deputy, or law enforcement officer may remove election-related material posted in violation of sub. (3) and may confiscate election-related material distributed in violation of sub. (3).

AB39, s. 74 Section 74. 12.13 (3) (k) of the statutes is amended to read:

AB39,41,21 12.13 (3) (k) Forge or falsely make the official endorsement on a ballot or knowingly deposit a ballot in the ballot box upon which the names or initials of the ballot clerks inspectors, or those of issuing clerks the issuing clerk or special voting deputy do not appear.

AB39, s. 75 Section 75. 12.13 (3) (r) of the statutes is amended to read:

AB39,41,25 12.13 (3) (r) Remove a ballot from a polling place or satellite absentee voting station designated under s. 6.873 (1) before the polls are the polling place or station is closed.

AB39, s. 76 Section 76. 12.13 (3) (x) of the statutes is amended to read:

AB39,42,6 12.13 (3) (x) Refuse to obey a lawful order of an inspector or special voting deputy made for the purpose of enforcing the election laws; engage in disorderly behavior at or near a polling place or at or near a satellite absentee voting station designated under s. 6.873 (1); or interrupt or disturb the voting or canvassing proceedings.

AB39, s. 77 Section 77. 17.29 of the statutes is amended to read:

AB39,42,13 17.29 Effect of chapter. The provisions of this chapter supersede all contrary provisions in either the general law or in special acts, except ss. 6.26 (2) (b), 6.28 (2) (b), 6.285, 6.55 (6), 6.873, 6.875, and 7.30 relating to appointed election officials and ch. 321 relating to the military staff of the governor and to officers of the Wisconsin national guard or state defense force; and shall govern all offices whether created by general law or special act, unless otherwise specially provided.

AB39,42,14 (End)