AB746,33,222 9.01 (1) (b) 10. Recounts at polling places utilizing an electronic voting system
23in which ballots are distributed to electors shall be performed in accordance with the
24procedure for recounting paper ballots insofar as applicable, except as provided in
25s. 5.90. Recounts at polling places utilizing electronic voting machines shall be

1performed in accordance with the procedure for recounting votes cast on mechanical
2voting machines, insofar as applicable, except as provided in s. 5.90.
AB746, s. 86 3Section 86. 9.01 (2) of the statutes is amended to read:
AB746,33,194 9.01 (2) Notice to candidates. When the recount concerns an election for an
5office, the clerk or body with whom the petition is filed shall promptly prepare a copy
6of the petition for delivery to each opposing candidate for the same office whose name
7appears on the ballot
that office other than the petitioner. In a recount proceeding
8for a nomination to an office at a partisan primary, the clerk or body shall prepare
9a copy of the petition for delivery to each opposing candidate other than the petitioner
10for the same party nomination for the same office, to each opposing candidate for the
11party nomination of each other party for the same office and to each independent
12candidate qualifying to have his or her name placed on the ballot for the succeeding
13election. A candidate or agent designated by a candidate may personally accept
14delivery of a copy of the petition. Upon such delivery, the clerk or body shall require
15the candidate or agent to sign a receipt therefor. If a candidate or agent does not
16personally accept delivery, the clerk or body shall then promptly deliver the copies
17of the petition to the sheriff, who shall promptly deliver the copies of the petition to
18each candidate at the address given on the candidate's nomination papers, without
19fee, in the manner provided for service of a summons in civil actions.
AB746, s. 87 20Section 87. 9.01 (3) of the statutes is amended to read:
AB746,33,2321 9.01 (3) Representation and observation. The petitioner, all opposing
22candidates in the election in issue, and all interested persons shall be entitled to be
23present in person and by counsel to observe the proceedings.
AB746, s. 88 24Section 88. 9.01 (4) of the statutes is amended to read:
AB746,34,12
19.01 (4) Right to complete recount. Whenever a recount petition for part of
2the wards within a jurisdiction or district, or for part of the municipalities within a
3district where there are no wards, is filed under this section, the opposing any
4candidate, or for the office in issue, any voter elector who voted in the election for
5office in issue,
or any other interested party including a municipality if on a
6referendum question, may similarly file a petition for recount in any or all of the
7remaining wards or municipalities in the jurisdiction or district. The petition shall
8be filed not later than 5 p.m. 2 days after the board of canvassers completes the first
9recount. The proper board of canvassers shall reconvene at 9 a.m. on the next
10business day following the filing of the petition and proceed to recount the ballots in
11all wards or municipalities specified and to otherwise review the allegations of fact
12contained in the petition. Any errors shall be corrected.
AB746, s. 89 13Section 89. 9.01 (6) (a) of the statutes is amended to read:
AB746,35,414 9.01 (6) (a) Within 5 business days after completion of the recount
15determination by the board of canvassers in all counties concerned, or within 5
16business days after completion of the recount determination by the chairperson of
17the board or the chairperson's designee whenever a determination is made by the
18chairperson or designee, the petitioner or any candidate, or any elector when for a
19referendum, aggrieved by the recount may appeal to circuit court. The appeal shall
20commence by serving a written notice of appeal on the other petitioner and on all
21candidates other than the petitioner and all other persons who filed a written notice
22of appearance before each board of canvassers whose decision is appealed, or in the
23case of a statewide recount, before the chairperson of the board or the chairperson's
24designee. The appellant shall also serve notice on the board if the chairperson of the
25board or the chairperson's designee is responsible for determining the election. The

1appellant shall serve the notice by certified mail or in person. The appellant shall
2file the notice with the clerk of circuit court together with an undertaking and surety
3in the amount approved by the court, conditioned upon the payment of all costs taxed
4against the appellant.
AB746, s. 90 5Section 90. 9.01 (7) (a) of the statutes is amended to read:
AB746,35,126 9.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an
7order directing each affected county or municipal clerk or board to transmit
8immediately all ballots, papers and records affecting the appeal to the clerk of court
9or to impound and secure such ballots, papers and records, or both. The order shall
10be served upon each affected county or municipal clerk or board, and upon the
11petitioner
and all other candidates and other persons who filed a written notice of
12appearance before any board of canvassers involved in the recount.
AB746, s. 91 13Section 91. 10.01 (2) (b) of the statutes is amended to read:
AB746,35,2214 10.01 (2) (b) Type B—The type B notice shall include the relevant facsimile
15ballots and the relevant portions of voting instructions to electors under s. 10.02 for
16each office or referendum and shall specify the date of the election. In counties or
17municipalities where an electronic voting system in which ballots are distributed to
18electors
is used, the notice shall include the information specified in s. 5.94. The type
19B notice shall be published once by the county clerks, and for primaries and other
20elections in municipalities or special purpose districts, once by the clerk of the
21municipality or special purpose district on the day preceding each primary and other
22election.
AB746, s. 92 23Section 92. 10.02 (2) (c) of the statutes is amended to read:
AB746,36,924 10.02 (2) (c) The facsimile ballots shall follow the voting instructions. The size
25and style of type and the general display of the facsimile ballots shall be prescribed

1by the board and shall conform to the form prescribed by the board under s. 7.08 (1)
2(a). The party columns shall not exceed 2-1/6 inches in width and the ballot size may
3be reduced. Voting machine facsimile ballots shall show a reduced diagram of the
4front of the voting machine and instructions to electors on how to vote on the
5machine.
If the ballots in the wards or election districts within a county or
6municipality are identical but for the names of different candidates, districts or
7seats, the facsimile ballot may show the ballot for one ward or election district,
8accompanied by a list of candidates, districts and seats to be voted upon in the other
9wards or election districts.
AB746, s. 93 10Section 93. 10.02 (3) (a) of the statutes, as affected by 2011 Wisconsin Act 23,
11is amended to read:
AB746,36,2312 10.02 (3) (a) Upon entering the polling place and before being permitted to vote,
13an elector shall state his or her name and address. If an elector is not registered to
14vote, an elector may register to vote at the polling place serving his or her residence
15if the elector presents proof of identification in a form specified by law unless the
16elector is exempted from this requirement, and, if the document presented does not
17constitute proof of residence, the elector provides proof of residence. Where ballots
18are distributed to electors, the
The initials of 2 inspectors must appear on the ballot.
19Upon being permitted to vote, the elector shall retire alone to a voting booth or
20machine
and cast his or her ballot, except that an elector who is a parent or guardian
21may be accompanied by the elector's minor child or minor ward. An election official
22may inform the elector of the proper manner for casting a vote, but the official may
23not in any manner advise or indicate a particular voting choice.
AB746, s. 94 24Section 94. 10.02 (3) (b) 1. of the statutes, as affected by 2011 Wisconsin Act
2523
, is amended to read:
AB746,37,3
110.02 (3) (b) 1. The elector shall make a cross (7) next to or separately depress
2the levers or buttons next to
each candidate's name for whom he or she intends to
3vote, or shall insert or write in the name of a candidate.
AB746, s. 95 4Section 95. 10.02 (3) (b) 2. of the statutes, as affected by 2011 Wisconsin Act
532
, is amended to read:
AB746,37,96 10.02 (3) (b) 2. At a partisan primary, the elector shall select the party ballot
7of his or her choice and shall make a cross (7) next to or depress the lever or button
8next to
the candidate's name for each office for whom the elector intends to vote, or
9shall insert or write in the name of the elector's choice for a candidate.
AB746, s. 96 10Section 96. 10.02 (3) (b) 3. and 4. of the statutes are amended to read:
AB746,37,1611 10.02 (3) (b) 3. When casting a presidential preference vote, the elector shall
12select the party ballot of his or her choice and make a cross (7) next to or depress the
13button or lever next to
the candidate's name for whom he or she intends to vote or
14shall, in the alternative, make a cross (7) next to or depress the button or lever next
15to
the words "Uninstructed delegation", or shall write in the name of his or her choice
16for a candidate.
AB746,37,2017 4. At a nonpartisan primary, the elector shall make a cross (7) next to or
18depress the button or lever next to
the candidate's name for each office for whom he
19or she intends to vote, or insert or write in the name of his or her choice for a
20candidate.
AB746, s. 97 21Section 97. 10.02 (3) (c) of the statutes, as affected by 2011 Wisconsin Act 23,
22is amended to read:
AB746,38,223 10.02 (3) (c) In presidential elections, the elector shall make a cross (7) next
24to or depress the button or lever next to the set of candidates for president and vice

1president for whom he or she intends to vote. A vote for candidates for president and
2vice president is a vote for the presidential electors of those candidates.
AB746, s. 98 3Section 98. 10.02 (3) (d) of the statutes is amended to read:
AB746,38,54 10.02 (3) (d) On referenda questions, the elector shall make a cross (7) next
5to or depress the button or lever next to the answer which he or she intends to give.
AB746, s. 99 6Section 99. 10.02 (3) (e) of the statutes is amended to read:
AB746,38,157 10.02 (3) (e) The vote should not be cast in any other manner. If the elector
8spoils a ballot, he or she shall return it to an election official who shall issue another
9in its place, but not more than 3 ballots shall be issued to any one elector. If the ballot
10has not been initialed by 2 inspectors or is defective in any other way, the elector shall
11return it to the election official, who shall issue a proper ballot in its place. Not more
12than 5 minutes' time shall be allowed inside a voting booth or machine. Unofficial
13ballots or a memorandum to assist the elector in marking his or her ballot may be
14taken into the booth and copied. The sample ballot shall not be shown to anyone so
15as to reveal how the ballot is marked.
AB746, s. 100 16Section 100. 10.02 (3) (f) of the statutes is amended to read:
AB746,38,2217 10.02 (3) (f) After an official paper ballot is marked, it shall be folded so the
18inside marks do not show but so the printed endorsements and inspectors' initials
19on the outside do show. After casting his or her vote, the elector shall leave the voting
20machine or
booth, and where paper ballots are distributed to the electors, deposit his
21or her folded ballot in the ballot box or deliver it to an inspector for deposit in the box,
22and shall leave the polling place promptly.
AB746, s. 101 23Section 101. 10.06 (3) (am) and (bm) of the statutes are amended to read:
AB746,39,624 10.06 (3) (am) As soon as possible following the deadline for filing nomination
25papers for any municipal election when there is to be an election for a county or state

1office or a county or statewide referendum, but no later than 3 days after such
2deadline, the municipal clerk of each municipality in which voting machines or
3ballots containing the names of candidates for both local offices and national, state
4or county offices are used shall certify the list of candidates for municipal office to the
5county clerk if a primary is required, unless the municipality prepares its own ballots
6under s. 7.15 (2) (c).
AB746,39,157 (bm) As soon as possible following the municipal canvass of the primary vote
8or the qualification of the candidates under s. 8.05 (1) (j) when a municipal caucus
9is held, if there is to be an election for a county or state office or a county or statewide
10referendum, but no later than 3 days after such date, the municipal clerk of each
11municipality in which voting machines or ballots containing the names of candidates
12for both local offices and national, state or county offices are used shall certify the list
13of candidates for municipal office and municipal referenda appearing on the ballot
14to the county clerk, unless the municipality prepares its own ballots under s. 7.15 (2)
15(c).
AB746, s. 102 16Section 102. 10.06 (3) (e) of the statutes is amended to read:
AB746,39,2217 10.06 (3) (e) When electronic or mechanical voting machines or an electronic
18voting systems in which ballots are distributed to electors are system is used in a
19municipality at a municipal election, the municipal clerk shall publish a type B
20notice on the Monday before the election. The notice shall include all offices and
21questions to be voted on at the election. The cost of this notice shall be shared under
22s. 5.68 (2) and (3).
AB746, s. 103 23Section 103. 10.07 (1) of the statutes is renumbered 10.07 and amended to
24read:
AB746,40,8
110.07 Combination of notices; cost. Except as provided in sub. (2) in the case
2of voting machine ballots, whenever
Whenever any county clerk or municipal or
3school district clerks within the same county are directed to publish any notice or
4portion of a notice under this chapter on the same date in the same newspaper, the
5text of which is identical, the clerks may publish one notice only. The cost of
6publication of such notice or the portion of the notice required shall be apportioned
7equally between the county and each municipality or school district sharing in its
8publication.
AB746, s. 104 9Section 104. 10.07 (2) of the statutes is repealed.
AB746, s. 105 10Section 105. 12.13 (2) (b) 6. of the statutes is amended to read:
AB746,40,2311 12.13 (2) (b) 6. Intentionally permit or cause a voting machine, voting device
12or automatic tabulating equipment to fail to correctly register or record a vote cast
13thereon or inserted therein, or tamper with or disarrange the machine, device or
14equipment or any part or appliance thereof; cause or consent to the machine, device
15or automatic tabulating equipment being used for voting at an election with
16knowledge that it is out of order or is not perfectly set and adjusted so that it will
17correctly register all ballots inserted therein or record all votes cast thereon or
18inserted therein
on the ballots; with the purpose of defrauding or deceiving any
19elector, cause doubt for what party, candidate or proposition a vote will be cast or
20cause the vote for one party, candidate or proposition to be cast so it appears to be cast
21for another; or remove, change or mutilate a ballot on a voting machine, device or a
22ballot to be inserted into automatic tabulating equipment, or do any similar act
23contrary to chs. 5 to 12.
AB746, s. 106 24Section 106. 12.13 (3) (f) of the statutes is amended to read:
AB746,41,7
112.13 (3) (f) Before or during any election, tamper with voting machines, voting
2devices or automatic tabulating equipment readied for voting or the counting of
3votes; disarrange, deface, injure or impair any such machine, device or equipment;
4or mutilate, injure or destroy a ballot placed or displayed on a voting machine or
5device, or to be placed or displayed on any such machine, device or automatic
6tabulating equipment or any other appliance used in connection with the machine,
7device or equipment.
AB746, s. 107 8Section 107. 12.13 (3) (j) of the statutes is amended to read:
AB746,41,159 12.13 (3) (j) When called upon to assist an elector who cannot read or write, has
10difficulty in reading, writing or understanding English, or is unable to mark a ballot
11or depress a lever or button on a voting machine,
inform the elector that a ballot
12contains names or words different than are printed or displayed on the ballot with
13the intent of inducing the elector to vote contrary to his or her inclination,
14intentionally fail to cast a vote in accordance with the elector's instructions or reveal
15the elector's vote to any 3rd person.
AB746, s. 108 16Section 108. 12.13 (3) (y) of the statutes is repealed.
AB746, s. 109 17Section 109. 12.60 (1) (a) of the statutes is amended to read:
AB746,41,1918 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3)
19(a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony.
AB746, s. 110 20Section 110. 67.05 (3) (a) 7. of the statutes is amended to read:
AB746,41,2321 67.05 (3) (a) 7. Whenever the clerks of more than one jurisdiction are required
22under this section to publish the same notice on the same day, they may publish one
23notice only and share the cost under s. 10.07 (1).
AB746, s. 111 24Section 111. 120.06 (11) of the statutes is amended to read:
AB746,42,5
1120.06 (11) The absentee ballot provisions of ss. 6.84 to 6.89 apply to elections
2under this section. Voting machines or an An electronic voting system shall be used
3in any city, village or town lying wholly or partially within a school district
4conducting an election under this section if the machines or system are required
5under s. 5.40.
AB746, s. 112 6Section 112. Initial applicability.
AB746,42,107 (1) The treatment of sections 5.90 (1), (2), and (3) and 9.01 (1) (a) 1. and 2. a.
8and (ag) 1., 1m., and 2., (2), (3), (4), (6) (a), and (7) (a) of the statutes first applies with
9respect to petitions for recounts at elections held after the effective date of this
10subsection.
AB746,42,1211 (2) The treatment of section 7.23 (1) (f) of the statutes first applies to with
12respect to elections held after the effective date of this subsection.
AB746,42,1313 (End)
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