AB39: Bill Text

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)