AB746: Bill Text

AB746, s. 80 Section 80. 9.01 (1) (a) 1. of the statutes, as affected by 2011 Wisconsin Acts 75 and 115, is amended to read:

AB746,30,21 9.01 (1) (a) 1. Any candidate voted for at any election, or any elector who voted in an election in which one or more candidates seek office or who voted upon any referendum question at any election, may petition for a recount of that election. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass following canvassing of any valid provisional and absentee ballots under ss. 6.97 (4) and 7.515 (6) and, except as provided in this subdivision, not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question following canvassing of all valid provisional and absentee ballots or, if more than one board of canvassers makes the determination, not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination following canvassing of all valid provisional and absentee ballots. If the chairperson of the board or chairperson's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum following canvassing of all valid provisional and absentee ballots and not later than 5 p.m. on the 3rd business day following the day on which the government accountability board receives the last statement from a county board of canvassers for the election or referendum following canvassing of all valid provisional and absentee ballots.

AB746, s. 81 Section 81. 9.01 (1) (a) 2. a. of the statutes is amended to read:

AB746,30,25 9.01 (1) (a) 2. a. That at the election the petitioner was a candidate for the office in question or that the petitioner voted in the election for the office in issue or on the referendum question in issue.

AB746, s. 82 Section 82. 9.01 (1) (ag) 1., 1m. and 2. of the statutes, as affected by 2011 Wisconsin Acts 75 and 115, are amended to read:

AB746,31,10 9.01 (1) (ag) 1. If the petitioner is a candidate for the office in issue or an elector who voted on the referendum in issue and the difference between the votes cast for the leading candidate and those cast for the petitioner candidate receiving the next highest number of votes or the difference between the affirmative and negative votes cast upon any referendum question is less than 10 if 1,000 or less votes are cast or not more than 0.5% of the total votes cast for the office or on the question if more than 1,000 votes are cast following canvassing of all valid provisional and absentee ballots, the petitioner is not required to pay a fee.

AB746,31,19 1m. If the petitioner is a candidate for the office in issue or an elector who voted on the referendum in issue and the difference between the votes cast for the leading candidate and those cast for the petitioner candidate receiving the next highest number of votes or the difference between the affirmative and negative votes cast upon any referendum question is at least 10 if 1,000 or less votes are cast or is more than 0.5% but not more than 2% if more than 1,000 votes are cast following canvasing of all valid provisional and absentee ballots, the petitioner shall pay a fee of $5 for each ward for which the petition requests a ballot recount, or $5 for each municipality for which the petition requests a recount where no wards exist.

AB746,32,3 2. If the petitioner is not a candidate for the office in issue, or if the petitioner is a candidate for that office and the difference between the votes cast for the leading candidate and those cast for the petitioner candidate receiving the next highest number of votes or the difference between the affirmative and negative votes cast upon any referendum question is more than 2% if more than 1,000 votes are cast following canvassing of all valid provisional and absentee ballots, the petitioner shall pay a fee equal to the actual cost of performing the recount in each ward for which the petition requests a recount, or in each municipality for which the petition request a recount where no wards exist.

AB746, s. 83 Section 83. 9.01 (1) (b) 6. to 8. of the statutes are repealed.

AB746, s. 84 Section 84. 9.01 (1) (b) 8m. and 8s. of the statutes are amended to read:

AB746,32,15 9.01 (1) (b) 8m. Where a voting machine or an electronic voting system is used, and an error in the vote total as shown on the machine or record of votes cast is clearly apparent, the board of canvassers may change the vote total as shown by the machine or system and certify or use a different total to certify a different result than is indicated by the machine or system if there is evidence of a specific malfunction in the machine or system, if the malfunction could reasonably have caused the error, and if clear and convincing evidence exists which indicates the exact actual total number of votes cast. The burden of demonstrating that a vote total shown on a machine or record of votes cast is incorrect rests with the party seeking to change the recorded result on the basis of clear and convincing evidence.

AB746,32,20 8s. If an electronic voting system is used in which ballots are distributed to electors, and the board of canvassers makes a determination of elector intent under s. 7.50, the board of canvassers shall add to the result generated by the automatic tabulating equipment any votes counted by the board of canvassers in making its determination.

AB746, s. 85 Section 85. 9.01 (1) (b) 10. of the statutes is amended to read:

AB746,33,2 9.01 (1) (b) 10. Recounts at polling places utilizing an electronic voting system in which ballots are distributed to electors shall be performed in accordance with the procedure for recounting paper ballots insofar as applicable, except as provided in s. 5.90. Recounts at polling places utilizing electronic voting machines shall be performed in accordance with the procedure for recounting votes cast on mechanical voting machines, insofar as applicable, except as provided in s. 5.90.

AB746, s. 86 Section 86. 9.01 (2) of the statutes is amended to read:

AB746,33,19 9.01 (2) Notice to candidates. When the recount concerns an election for an office, the clerk or body with whom the petition is filed shall promptly prepare a copy of the petition for delivery to each opposing candidate for the same office whose name appears on the ballot that office other than the petitioner. In a recount proceeding for a nomination to an office at a partisan primary, the clerk or body shall prepare a copy of the petition for delivery to each opposing candidate other than the petitioner for the same party nomination for the same office, to each opposing candidate for the party nomination of each other party for the same office and to each independent candidate qualifying to have his or her name placed on the ballot for the succeeding election. A candidate or agent designated by a candidate may personally accept delivery of a copy of the petition. Upon such delivery, the clerk or body shall require the candidate or agent to sign a receipt therefor. If a candidate or agent does not personally accept delivery, the clerk or body shall then promptly deliver the copies of the petition to the sheriff, who shall promptly deliver the copies of the petition to each candidate at the address given on the candidate's nomination papers, without fee, in the manner provided for service of a summons in civil actions.

AB746, s. 87 Section 87. 9.01 (3) of the statutes is amended to read:

AB746,33,23 9.01 (3) Representation and observation. The petitioner, all opposing candidates in the election in issue, and all interested persons shall be entitled to be present in person and by counsel to observe the proceedings.

AB746, s. 88 Section 88. 9.01 (4) of the statutes is amended to read:

AB746,34,12 9.01 (4) Right to complete recount. Whenever a recount petition for part of the wards within a jurisdiction or district, or for part of the municipalities within a district where there are no wards, is filed under this section, the opposing any candidate, or for the office in issue, any voter elector who voted in the election for office in issue, or any other interested party including a municipality if on a referendum question, may similarly file a petition for recount in any or all of the remaining wards or municipalities in the jurisdiction or district. The petition shall be filed not later than 5 p.m. 2 days after the board of canvassers completes the first recount. The proper board of canvassers shall reconvene at 9 a.m. on the next business day following the filing of the petition and proceed to recount the ballots in all wards or municipalities specified and to otherwise review the allegations of fact contained in the petition. Any errors shall be corrected.

AB746, s. 89 Section 89. 9.01 (6) (a) of the statutes is amended to read:

AB746,35,4 9.01 (6) (a) Within 5 business days after completion of the recount determination by the board of canvassers in all counties concerned, or within 5 business days after completion of the recount determination by the chairperson of the board or the chairperson's designee whenever a determination is made by the chairperson or designee, the petitioner or any candidate, or any elector when for a referendum, aggrieved by the recount may appeal to circuit court. The appeal shall commence by serving a written notice of appeal on the other petitioner and on all candidates other than the petitioner and all other persons who filed a written notice of appearance before each board of canvassers whose decision is appealed, or in the case of a statewide recount, before the chairperson of the board or the chairperson's designee. The appellant shall also serve notice on the board if the chairperson of the board or the chairperson's designee is responsible for determining the election. The appellant shall serve the notice by certified mail or in person. The appellant shall file the notice with the clerk of circuit court together with an undertaking and surety in the amount approved by the court, conditioned upon the payment of all costs taxed against the appellant.

AB746, s. 90 Section 90. 9.01 (7) (a) of the statutes is amended to read:

AB746,35,12 9.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an order directing each affected county or municipal clerk or board to transmit immediately all ballots, papers and records affecting the appeal to the clerk of court or to impound and secure such ballots, papers and records, or both. The order shall be served upon each affected county or municipal clerk or board, and upon the petitioner and all other candidates and other persons who filed a written notice of appearance before any board of canvassers involved in the recount.

AB746, s. 91 Section 91. 10.01 (2) (b) of the statutes is amended to read:

AB746,35,22 10.01 (2) (b) Type B—The type B notice shall include the relevant facsimile ballots and the relevant portions of voting instructions to electors under s. 10.02 for each office or referendum and shall specify the date of the election. In counties or municipalities where an electronic voting system in which ballots are distributed to electors is used, the notice shall include the information specified in s. 5.94. The type B notice shall be published once by the county clerks, and for primaries and other elections in municipalities or special purpose districts, once by the clerk of the municipality or special purpose district on the day preceding each primary and other election.

AB746, s. 92 Section 92. 10.02 (2) (c) of the statutes is amended to read:

AB746,36,9 10.02 (2) (c) The facsimile ballots shall follow the voting instructions. The size and style of type and the general display of the facsimile ballots shall be prescribed by the board and shall conform to the form prescribed by the board under s. 7.08 (1) (a). The party columns shall not exceed 2-1/6 inches in width and the ballot size may be reduced. Voting machine facsimile ballots shall show a reduced diagram of the front of the voting machine and instructions to electors on how to vote on the machine. If the ballots in the wards or election districts within a county or municipality are identical but for the names of different candidates, districts or seats, the facsimile ballot may show the ballot for one ward or election district, accompanied by a list of candidates, districts and seats to be voted upon in the other wards or election districts.

AB746, s. 93 Section 93. 10.02 (3) (a) of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

AB746,36,23 10.02 (3) (a) Upon entering the polling place and before being permitted to vote, an elector shall state his or her name and address. If an elector is not registered to vote, an elector may register to vote at the polling place serving his or her residence if the elector presents proof of identification in a form specified by law unless the elector is exempted from this requirement, and, if the document presented does not constitute proof of residence, the elector provides proof of residence. Where ballots are distributed to electors, the The initials of 2 inspectors must appear on the ballot. Upon being permitted to vote, the elector shall retire alone to a voting booth or machine and cast his or her ballot, except that an elector who is a parent or guardian may be accompanied by the elector's minor child or minor ward. An election official may inform the elector of the proper manner for casting a vote, but the official may not in any manner advise or indicate a particular voting choice.

AB746, s. 94 Section 94. 10.02 (3) (b) 1. of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

AB746,37,3 10.02 (3) (b) 1. The elector shall make a cross (7) next to or separately depress the levers or buttons next to each candidate's name for whom he or she intends to vote, or shall insert or write in the name of a candidate.

AB746, s. 95 Section 95. 10.02 (3) (b) 2. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB746,37,9 10.02 (3) (b) 2. At a partisan primary, the elector shall select the party ballot of his or her choice and shall make a cross (7) next to or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote, or shall insert or write in the name of the elector's choice for a candidate.

AB746, s. 96 Section 96. 10.02 (3) (b) 3. and 4. of the statutes are amended to read:

AB746,37,16 10.02 (3) (b) 3. When casting a presidential preference vote, the elector shall select the party ballot of his or her choice and make a cross (7) next to or depress the button or lever next to the candidate's name for whom he or she intends to vote or shall, in the alternative, make a cross (7) next to or depress the button or lever next to the words "Uninstructed delegation", or shall write in the name of his or her choice for a candidate.

AB746,37,20 4. At a nonpartisan primary, the elector shall make a cross (7) next to or depress the button or lever next to the candidate's name for each office for whom he or she intends to vote, or insert or write in the name of his or her choice for a candidate.

AB746, s. 97 Section 97. 10.02 (3) (c) of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

AB746,38,2 10.02 (3) (c) In presidential elections, the elector shall make a cross (7) next to or depress the button or lever next to the set of candidates for president and vice president for whom he or she intends to vote. A vote for candidates for president and vice president is a vote for the presidential electors of those candidates.

AB746, s. 98 Section 98. 10.02 (3) (d) of the statutes is amended to read:

AB746,38,5 10.02 (3) (d) On referenda questions, the elector shall make a cross (7) next to or depress the button or lever next to the answer which he or she intends to give.

AB746, s. 99 Section 99. 10.02 (3) (e) of the statutes is amended to read:

AB746,38,15 10.02 (3) (e) The vote should not be cast in any other manner. If the elector spoils a ballot, he or she shall return it to an election official who shall issue another in its place, but not more than 3 ballots shall be issued to any one elector. If the ballot has not been initialed by 2 inspectors or is defective in any other way, the elector shall return it to the election official, who shall issue a proper ballot in its place. Not more than 5 minutes' time shall be allowed inside a voting booth or machine. Unofficial ballots or a memorandum to assist the elector in marking his or her ballot may be taken into the booth and copied. The sample ballot shall not be shown to anyone so as to reveal how the ballot is marked.

AB746, s. 100 Section 100. 10.02 (3) (f) of the statutes is amended to read:

AB746,38,22 10.02 (3) (f) After an official paper ballot is marked, it shall be folded so the inside marks do not show but so the printed endorsements and inspectors' initials on the outside do show. After casting his or her vote, the elector shall leave the voting machine or booth, and where paper ballots are distributed to the electors, deposit his or her folded ballot in the ballot box or deliver it to an inspector for deposit in the box, and shall leave the polling place promptly.

AB746, s. 101 Section 101. 10.06 (3) (am) and (bm) of the statutes are amended to read:

AB746,39,6 10.06 (3) (am) As soon as possible following the deadline for filing nomination papers for any municipal election when there is to be an election for a county or state office or a county or statewide referendum, but no later than 3 days after such deadline, the municipal clerk of each municipality in which voting machines or ballots containing the names of candidates for both local offices and national, state or county offices are used shall certify the list of candidates for municipal office to the county clerk if a primary is required, unless the municipality prepares its own ballots under s. 7.15 (2) (c).

AB746,39,15 (bm) As soon as possible following the municipal canvass of the primary vote or the qualification of the candidates under s. 8.05 (1) (j) when a municipal caucus is held, if there is to be an election for a county or state office or a county or statewide referendum, but no later than 3 days after such date, the municipal clerk of each municipality in which voting machines or ballots containing the names of candidates for both local offices and national, state or county offices are used shall certify the list of candidates for municipal office and municipal referenda appearing on the ballot to the county clerk, unless the municipality prepares its own ballots under s. 7.15 (2) (c).

AB746, s. 102 Section 102. 10.06 (3) (e) of the statutes is amended to read:

AB746,39,22 10.06 (3) (e) When electronic or mechanical voting machines or an electronic voting systems in which ballots are distributed to electors are system is used in a municipality at a municipal election, the municipal clerk shall publish a type B notice on the Monday before the election. The notice shall include all offices and questions to be voted on at the election. The cost of this notice shall be shared under s. 5.68 (2) and (3).

AB746, s. 103 Section 103. 10.07 (1) of the statutes is renumbered 10.07 and amended to read:

AB746,40,8 10.07 Combination of notices; cost. Except as provided in sub. (2) in the case of voting machine ballots, whenever Whenever any county clerk or municipal or school district clerks within the same county are directed to publish any notice or portion of a notice under this chapter on the same date in the same newspaper, the text of which is identical, the clerks may publish one notice only. The cost of publication of such notice or the portion of the notice required shall be apportioned equally between the county and each municipality or school district sharing in its publication.

AB746, s. 104 Section 104. 10.07 (2) of the statutes is repealed.

AB746, s. 105 Section 105. 12.13 (2) (b) 6. of the statutes is amended to read:

AB746,40,23 12.13 (2) (b) 6. Intentionally permit or cause a voting machine, voting device or automatic tabulating equipment to fail to correctly register or record a vote cast thereon or inserted therein, or tamper with or disarrange the machine, device or equipment or any part or appliance thereof; cause or consent to the machine, device or automatic tabulating equipment being used for voting at an election with knowledge that it is out of order or is not perfectly set and adjusted so that it will correctly register all ballots inserted therein or record all votes cast thereon or inserted therein on the ballots; with the purpose of defrauding or deceiving any elector, cause doubt for what party, candidate or proposition a vote will be cast or cause the vote for one party, candidate or proposition to be cast so it appears to be cast for another; or remove, change or mutilate a ballot on a voting machine, device or a ballot to be inserted into automatic tabulating equipment, or do any similar act contrary to chs. 5 to 12.

AB746, s. 106 Section 106. 12.13 (3) (f) of the statutes is amended to read:

AB746,41,7 12.13 (3) (f) Before or during any election, tamper with voting machines, voting devices or automatic tabulating equipment readied for voting or the counting of votes; disarrange, deface, injure or impair any such machine, device or equipment; or mutilate, injure or destroy a ballot placed or displayed on a voting machine or device, or to be placed or displayed on any such machine, device or automatic tabulating equipment or any other appliance used in connection with the machine, device or equipment.

AB746, s. 107 Section 107. 12.13 (3) (j) of the statutes is amended to read:

AB746,41,15 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 or reveal the elector's vote to any 3rd person.

AB746, s. 108 Section 108. 12.13 (3) (y) of the statutes is repealed.

AB746, s. 109 Section 109. 12.60 (1) (a) of the statutes is amended to read:

AB746,41,19 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony.

AB746, s. 110 Section 110. 67.05 (3) (a) 7. of the statutes is amended to read:

AB746,41,23 67.05 (3) (a) 7. Whenever the clerks of more than one jurisdiction are required under this section to publish the same notice on the same day, they may publish one notice only and share the cost under s. 10.07 (1).

AB746, s. 111 Section 111. 120.06 (11) of the statutes is amended to read:

AB746,42,5 120.06 (11) The absentee ballot provisions of ss. 6.84 to 6.89 apply to elections under this section. Voting machines or an An electronic voting system shall be used in any city, village or town lying wholly or partially within a school district conducting an election under this section if the machines or system are required under s. 5.40.

AB746, s. 112 Section 112. Initial applicability.

AB746,42,10 (1) The treatment of sections 5.90 (1), (2), and (3) and 9.01 (1) (a) 1. and 2. a. and (ag) 1., 1m., and 2., (2), (3), (4), (6) (a), and (7) (a) of the statutes first applies with respect to petitions for recounts at elections held after the effective date of this subsection.

AB746,42,12 (2) The treatment of section 7.23 (1) (f) of the statutes first applies to with respect to elections held after the effective date of this subsection.

AB746,42,13 (End)