2013 - 2014 LEGISLATURE
August 21, 2013 - Introduced by Senators Lazich, Leibham, Vukmir and Darling,
cosponsored by Representatives Bernier, T. Larson, Sanfelippo, Knodl,
Murphy, Pridemore and Craig. Referred to Elections and Urban Affairs.
SB266,1,3 1An Act to amend 6.88 (3) (a) and 9.01 (1) (b) 1. of the statutes; relating to: the
2procedure for recounting ballots when electors voting in person are required to
3sign the poll list and fail to do so.
Analysis by the Legislative Reference Bureau
Currently, with limited exceptions, an elector voting in person at a polling place
must enter his or her signature on the poll list or a similar list before being permitted
to vote. After entering his or her signature, the election officials mark the poll list
to indicate that the elector has voted and, unless voting machines are used, give the
elector a ballot. Under current law, with certain exceptions, the election laws are to
be interpreted to give effect to the will of the electors if that can be ascertained from
the proceedings, notwithstanding failure to fully comply with some of their
provisions. When the ballots cast at an election are used to recount the votes cast
for an office or question, the officials compare the number of ballots cast to the
number of voting electors, according to the poll list. After certain other categories
of defective ballots are removed from the count, if the number of voting electors still
exceeds the number of ballots, the officials conducting the recount draw a number
of ballots at random from the remaining ballots until the number of voting electors
equals the number of ballots.

This bill provides that, for purposes of a recount, an elector shall not be
considered to be a voting elector if he or she is required to sign the poll list and does
not do so.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB266,1 1Section 1. 6.88 (3) (a) of the statutes is amended to read:
SB266,3,22 6.88 (3) (a) Except in municipalities where absentee ballots are canvassed
3under s. 7.52, at any time between the opening and closing of the polls on election day,
4the inspectors shall, in the same room where votes are being cast, in such a manner
5that members of the public can hear and see the procedures, open the carrier
6envelope only, and announce the name of the absent elector or the identification
7serial number of the absent elector if the elector has a confidential listing under s.
86.47 (2). When the inspectors find that the certification has been properly executed,
9the applicant is a qualified elector of the ward or election district, and the applicant
10has not voted in the election, they shall enter an indication followed by the letter "A"
11on the poll list next to the applicant's name indicating an absentee ballot is cast by
12the elector. They shall then open the envelope containing the ballot in a manner so
13as not to deface or destroy the certification thereon. The inspectors shall take out the
14ballot without unfolding it or permitting it to be unfolded or examined. Unless the
15ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been
16endorsed by the issuing clerk. If the poll list indicates that proof of residence under
17s. 6.34 is required and no proof of residence is enclosed or the name or address on the
18document that is provided is not the same as the name and address shown on the poll
19list, the inspectors shall proceed as provided under s. 6.97 (2). The inspectors shall
20then deposit the ballot into the proper ballot box and enter the absent elector's name

1or voting number after his or her name on the poll list in the same manner as if the
2elector had been present and voted in person.
SB266,2 3Section 2. 9.01 (1) (b) 1. of the statutes is amended to read:
SB266,3,74 9.01 (1) (b) 1. The board of canvassers shall first compare the poll lists and
5determine the number of voting electors. If an elector has voted in person at a polling
6place and is required to sign the poll list but does not do so, the elector shall not be
7considered a voting elector.
SB266,3 8Section 3. Initial applicability.
SB266,3,109 (1) This act first applies with respect to voting at elections held on the effective
10date of this subsection.
SB266,3,1111 (End)