AB388-engrossed,51 8Section 51. 5.05 (10) of the statutes is amended to read:
AB388-engrossed,24,219 5.05 (10) State election administration plan. With the assistance of the
10election administration council and
approval of the joint committee on finance as
11provided in this subsection, the board commission shall adopt and modify as
12necessary a state plan that meets the requirements of P.L. 107-252 to enable
13participation by this state in federal financial assistance programs authorized under
14that law. The board commission shall adopt the plan and any modifications only after
15publishing a class 1 notice under ch. 985 or posting on the Internet a statement
16describing the proposed plan or modification and receiving public comment thereon.
17After approval of the proposed plan or any modification of the plan by the board
18commission, the board commission shall submit the proposed plan or modification
19to the joint committee on finance for the approval of the committee. The board
20commission may adopt the proposed plan or modification only if the committee
21approves the proposed plan or modification.
AB388-engrossed,52 22Section 52. 5.05 (11) of the statutes is amended to read:
AB388-engrossed,25,823 5.05 (11) Aids to counties and municipalities. From the appropriations under
24s. 20.511 20.510 (1) (t) and (x), the board commission may provide financial
25assistance to eligible counties and municipalities for election administration costs in

1accordance with the plan adopted under sub. (10). As a condition precedent to receipt
2of assistance under this subsection, the board commission shall enter into an
3agreement with the county or municipality receiving the assistance specifying the
4intended use of the assistance and shall ensure compliance with the terms of the
5agreement. Each agreement shall provide that if the federal government objects to
6the use of any assistance moneys provided to the county or municipality under the
7agreement, the county or municipality shall repay the amount of the assistance
8provided to the board commission.
AB388-engrossed,53 9Section 53. 5.05 (16) of the statutes is created to read:
AB388-engrossed,25,1310 5.05 (16) Policies and procedures. (a) Annually, the commission shall adopt
11written policies and procedures in order to govern its internal operations and
12management and shall annually report such policies and procedures to the
13appropriate standing committees of the legislature under s. 13.172 (3).
AB388-engrossed,25,1814 (b) Notwithstanding par. (a), the commission may reconsider at any time any
15policy or procedure adopted as provided under par. (a). If, upon reconsideration, the
16commission revises a previously reported policy or procedure, the commission shall
17report the revision to the appropriate standing committees of the legislature under
18s. 13.172 (3).
AB388-engrossed,25,2219 (c) The commission may reconsider at any time any written directives or
20written guidance provided to the general public or to any person subject to the
21provisions of chs. 5 to 10 and 12 with regard to the enforcement and administration
22of those provisions.
AB388-engrossed,54 23Section 54. 5.05 (17) of the statutes is created to read:
AB388-engrossed,26,224 5.05 (17) Payments. The commission may accept payment by credit card, debit
25card, or other electronic payment mechanism for any amounts owed pursuant to the

1administration of chs. 5 to 10 or 12, and may charge a surcharge to the payer to
2recover charges associated with the acceptance of that electronic payment.
AB388-engrossed,55 3Section 55. 5.052 of the statutes is repealed.
AB388-engrossed,56 4Section 56. 5.054 of the statutes is repealed.
AB388-engrossed,57 5Section 57. 5.055 of the statutes is amended to read:
AB388-engrossed,26,18 65.055 Election assistance commission standards board. The commission
7administrator of the elections division of the board shall, in consultation with the
8board commission, appoint an individual to represent this state as a member of the
9federal election assistance commission standards board. The administrator shall
10also conduct and supervise a process for the selection of an election official by county
11and municipal clerks and boards of election commissioners to represent local election
12officials of this state as a member of the federal election assistance commission
13standards board. The administrator shall ensure that the members of the federal
14election assistance commission standards board representing this state shall at no
15time be members of the same political party. Upon appointment or election of any
16new member of the federal election assistance commission standards board
17representing this state, the administrator shall transmit a notice of that member's
18appointment or election to the officer or agency designated by federal law.
AB388-engrossed,58 19Section 58. 5.056 of the statutes is amended to read:
AB388-engrossed,26,25 205.056 Matching program with secretary of transportation. The
21commission administrator of the elections division of the board shall enter into the
22agreement with the secretary of transportation specified under s. 85.61 (1) to match
23personally identifiable information on the official registration list maintained by the
24board commission under s. 6.36 (1) with personally identifiable information
25maintained by the department of transportation.
AB388-engrossed,59
1Section 59. 5.07 of the statutes is amended to read:
AB388-engrossed,27,8 25.07 Action to compel compliance. Whenever a violation of the laws
3regulating the conduct of elections or election campaigns, other than a violation of
4the laws regulating campaign financing,
occurs or is proposed to occur, the attorney
5general or the district attorney of the county where the violation occurs or is proposed
6to occur may sue for injunctive relief, a writ of mandamus or prohibition, or other
7such legal or equitable relief as may be appropriate to compel compliance with the
8law. No bond is required in such actions.
AB388-engrossed,60 9Section 60. 5.08 of the statutes is amended to read:
AB388-engrossed,27,23 105.08 Petition for enforcement. In addition to or in lieu of filing a complaint,
11any elector may file a verified petition alleging such facts as are within his or her
12knowledge to indicate that an election official has failed or is failing to comply with
13any law regulating the conduct of elections or election campaigns, other than a law
14regulating campaign financing,
or proposes to act in a manner inconsistent with such
15a law, and requesting that an action be commenced for injunctive relief, a writ of
16mandamus or prohibition or other such legal or equitable relief as may be
17appropriate to compel compliance with the law. The petition shall be filed with the
18district attorney for the county having jurisdiction to prosecute the alleged failure
19to comply under s. 978.05 (1) and (2). The district attorney may then commence the
20action or dismiss the petition. If the district attorney declines to act upon the petition
21or if the district attorney fails to act upon the petition within 15 days of the date of
22filing, the petitioner may file the same petition with the attorney general, who may
23then commence the action.
AB388-engrossed,61 24Section 61. 5.09 of the statutes is repealed.
AB388-engrossed,62 25Section 62. 5.40 (7) of the statutes is amended to read:
AB388-engrossed,28,7
15.40 (7) Whenever a municipality adopts and purchases voting machines or an
2electronic voting system, or adopts and purchases a different type of voting machine
3or electronic voting system from the type it was previously using, the municipal clerk
4or executive director of the municipal board of election commissioners shall promptly
5notify the county clerk or executive director of the county board of election
6commissioners and the administrator of the elections division of the board
7commission in writing.
AB388-engrossed,63 8Section 63. 5.58 (2) of the statutes is amended to read:
AB388-engrossed,28,219 5.58 (2) State superintendent of public instruction; judiciary; county
10executive; county comptroller; and county supervisors.
There shall be one
11separate ballot for state superintendent, judicial officers, county executive under s.
1259.17, and county supervisor, except as authorized in s. 5.655. In counties having a
13population of 750,000 or more, the ballot shall also include the office of comptroller
14and in counties having a population of 500,000 or more, the ballot shall also include
15those offices under s. 8.11 (2) (b) and (2m). The arrangement of names of candidates
16for state superintendent, justice, court of appeals judge, and circuit court judge shall
17be determined by the board commission in the manner specified in s. 5.60 (1) (b).
18Arrangement of the names of candidates for county executive, county comptroller,
19and county supervisor shall be determined by the county clerk or by the executive
20director of the county board of election commissioners in the manner specified in s.
215.60 (1) (b).
AB388-engrossed,64 22Section 64. 5.58 (2m) of the statutes is amended to read:
AB388-engrossed,29,323 5.58 (2m) Metropolitan sewerage commission. Except as authorized in s.
245.655, there shall be a separate ballot for members of the metropolitan sewerage
25commission if commissioners are elected under s. 200.09 (11) (am), with candidates

1for different seats listed in separate columns or rows if more than one seat is
2contested at any election. Arrangement of the names on the ballot shall be
3determined by the board elections commission.
AB388-engrossed,65 4Section 65. 5.60 (1) (b) of the statutes is amended to read:
AB388-engrossed,29,165 5.60 (1) (b) The board elections commission shall certify the candidates' names
6and designate the official ballot arrangement for candidates for state
7superintendent, justice, court of appeals judge, and for circuit judge and, if
8commissioners are elected under s. 200.09 (11) (am), the
for metropolitan sewerage
9commission commissioners elected under s. 200.09 (11) (am). The arrangement of
10names of all candidates on the ballot whose nomination papers are filed with the
11board elections commission shall be determined by the board elections commission
12by the drawing of lots not later than the 2nd Tuesday in January, or the next day if
13the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing
14of all candidates for that office shall be held by or under the supervision of the board
15elections commission not later than the 3rd day following the completion of the
16primary canvass to determine the arrangement of candidates on the election ballot.
AB388-engrossed,66 17Section 66. 5.62 (4) (b) of the statutes is amended to read:
AB388-engrossed,29,2218 5.62 (4) (b) The county board of election commissioners in counties having a
19population of more than 750,000 shall prepare the official primary ballot. The
20commissioners shall arrange the names of all candidates for each office whose
21nomination papers are filed at the county level, using the same method as that used
22by the government accountability board elections commission under s. 5.60 (1) (b).
AB388-engrossed,67 23Section 67. 5.68 (3m) of the statutes is repealed.
AB388-engrossed,68 24Section 68. 5.93 of the statutes is amended to read:
AB388-engrossed,30,2
15.93 Administration. The board may commission shall promulgate
2reasonable rules for the administration of this subchapter.
AB388-engrossed,69 3Section 69. 6.26 (3) of the statutes is amended to read:
AB388-engrossed,30,114 6.26 (3) The board commission shall, by rule, prescribe procedures for
5appointment of special registration deputies, for revocation of appointments of
6special registration deputies, and for training of special registration deputies by
7municipal clerks and boards of election commissioners. The procedures shall be
8coordinated with training programs for special registration deputies conducted by
9municipal clerks under s. 7.315 and shall be formulated to promote increased
10registration of electors consistent with the needs of municipal clerks and boards of
11election commissioners to efficiently administer the registration process.
AB388-engrossed,70 12Section 70. 6.275 (1) (f) of the statutes, as created by 2013 Wisconsin Act 148,
13is amended to read:
AB388-engrossed,31,414 6.275 (1) (f) The total number of postcards sent by the municipal clerk or board
15of election commissioners under s. 6.56 (3), the total number of such postcards
16returned to the municipal clerk or board of election commissioners because the
17elector did not reside at the address given on the postcard, the total number of
18electors whose status was changed from eligible to ineligible on the registration list
19as a result of the audit under s. 6.56 (3), and the number of individuals referred to
20the district attorney under s. 6.56 (3). The municipal clerk or board of election
21commissioners shall provide the information described under this paragraph to the
22board elections commission and the county clerk or county board of election
23commissioners at the earliest practicable time after, but no later than 90 days after,
24each primary and election at which a state or national office is filled or a statewide
25referendum is held, including any special election. The municipal clerk or board of

1election commissioners shall update the information described under this paragraph
2on a monthly basis and shall submit, on a monthly basis, any such updated
3information to the board elections commission and the county clerk or county board
4of election commissioners.
AB388-engrossed,71 5Section 71. 6.275 (2) of the statutes, as affected by 2013 Wisconsin Act 148,
6is amended to read:
AB388-engrossed,31,107 6.275 (2) Upon receipt of each report filed under this section, the board
8commission shall, within 7 days of receiving the report, publish the information on
9its Internet site. The board commission shall update the information published
10under this subsection on a monthly basis.
AB388-engrossed,72 11Section 72. 6.33 (5) (a) of the statutes is amended to read:
AB388-engrossed,32,212 6.33 (5) (a) Except as provided in par. (b) and this paragraph, whenever a
13municipal clerk receives a valid registration or valid change of a name or address
14under an existing registration and whenever a municipal clerk changes a
15registration from eligible to ineligible status, the municipal clerk shall promptly
16enter electronically on the list maintained by the board commission under s. 6.36 (1)
17the information required under that subsection. Except as provided in par. (b) and
18this paragraph, the municipal clerk may update any entries that change on the date
19of an election other than a general election within 30 days after the date of that
20election, and may update any entries that change on the date of a general election
21within 45 days after the date of that election. The legal counsel of the board
22commission administrator may, upon request of a municipal clerk, permit the clerk
23to update entries that change on the date of a general election within 60 days after
24that election. The municipal clerk shall provide to the board commission information

1that is confidential under s. 6.47 (2) in such manner as the board commission
2prescribes.
AB388-engrossed,73 3Section 73. 6.36 (1) (b) 1. a. of the statutes is amended to read:
AB388-engrossed,32,124 6.36 (1) (b) 1. a. Except as provided in pars. (bm) and (bn), no person other than
5an employee of the board commission, a county clerk, a deputy county clerk, an
6executive director of a county board of election commissioners, a deputy designated
7by the executive director, a municipal clerk, a deputy municipal clerk, an executive
8director of a city board of election commissioners, or a deputy designated by the
9executive director may view the date of birth, operator's license number, or social
10security account number of an elector, the address of an elector to whom an
11identification serial number is issued under s. 6.47 (3), or any indication of an
12accommodation required under s. 5.25 (4) (a) to permit voting by an elector.
AB388-engrossed,74 13Section 74. 6.36 (1) (bm) of the statutes is amended to read:
AB388-engrossed,32,1714 6.36 (1) (bm) The board commission or any municipal clerk or board of election
15commissioners may transfer any information in the registration list to which access
16is restricted under par. (b) 1. a. to a law enforcement agency, as defined in s. 165.77
17(1) (b), to be used for law enforcement purposes.
AB388-engrossed,75 18Section 75. 6.36 (2) (a) of the statutes is amended to read:
AB388-engrossed,33,1119 6.36 (2) (a) Except as provided in par. (b), each registration list prepared for use
20as a poll list at a polling place or for purposes of canvassing absentee ballots at an
21election shall contain the full name and address of each registered elector; a blank
22column for the entry of the serial number of the electors when they vote or the poll
23list number used by the municipal board of absentee ballot canvassers in canvassing
24absentee ballots; an indication next to the name of each elector for whom proof of
25residence under s. 6.34 is required; a space for entry of the type of and the name of

1the entity or institution that issued the identifying document submitted by the
2elector as proof of residence when proof of residence under s. 6.34 is required; a space
3for entry of the elector's signature, or if another person signed the elector's
4registration form for the elector by reason of the elector's physical disability, the word
5"exempt"; and a form of certificate bearing the certification of the commission
6administrator of the elections division of the board stating that the list is a true and
7complete registration list of the municipality or the ward or wards for which the list
8is prepared. The board commission shall, by rule, prescribe the space and location
9for entry of each elector's signature on the poll list which shall provide for entry of
10the signature without changing the orientation of the poll list from the orientation
11used by the election officials.
AB388-engrossed,76 12Section 76. 6.50 (2g) of the statutes is amended to read:
AB388-engrossed,33,1513 6.50 (2g) The board commission may delegate to a municipal clerk or board of
14election commissioners of a municipality the responsibility to change the
15registration status of electors when required under sub. (2).
AB388-engrossed,77 16Section 77. 6.50 (7) of the statutes is amended to read:
AB388-engrossed,33,2017 6.50 (7) When an elector's registration is changed from eligible to ineligible
18status, the board commission, municipal clerk, or board of election commissioners
19shall make an entry on the registration list, giving the date of and reason for the
20change.
AB388-engrossed,78 21Section 78. 6.56 (3) of the statutes is amended to read:
AB388-engrossed,34,1422 6.56 (3) Upon receipt of the list under sub. (1), the municipal clerk or board of
23election commissioners shall make an audit of all electors registering to vote at the
24polling place or other registration location under s. 6.55 (2) and all electors
25registering by agent on election day under s. 6.86 (3) (a) 2. unless the clerk or board

1of election commissioners receives notice from the board elections commission under
2sub. (7) that the board elections commission will perform the audit. The audit shall
3be made by 1st class postcard. The postcard shall be marked in accordance with
4postal regulations to ensure that it will be returned to the clerk, board of election
5commissioners, or government accountability board elections commission if the
6elector does not reside at the address given on the postcard. If any postcard is
7returned undelivered, or if the clerk, board of election commissioners, or government
8accountability board
elections commission is informed of a different address than the
9one specified by the elector which was apparently improper on the day of the election,
10the clerk, board of election commissioners, or government accountability board
11elections commission shall change the status of the elector from eligible to ineligible
12on the registration list, mail the elector a notice of the change in status, and provide
13the name of the elector to the district attorney for the county where the polling place
14is located and the government accountability board elections commission.
AB388-engrossed,79 15Section 79. 6.95 of the statutes is amended to read:
AB388-engrossed,35,10 166.95 Voting procedure for challenged electors. Whenever the inspectors
17under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been
18challenged, the inspectors shall, before giving the elector a ballot, write on the back
19of the ballot the serial number of the challenged person corresponding to the number
20kept at the election on the poll list, or other list maintained under s. 6.79, and the
21notation "s. 6.95". If voting machines are used in the municipality where the person
22is voting, the person's vote may be received only upon an absentee ballot furnished
23by the municipal clerk which shall have the corresponding serial number from the
24poll list or other list maintained under s. 6.79 and the notation "s. 6.95" written on
25the back of the ballot by the inspectors before the ballot is given to the elector. The

1inspectors shall indicate on the list the reason for the challenge. The inspectors shall
2then deposit the ballot. The challenged ballots shall be counted under s. 5.85 or 7.51.
3The municipal board of canvassers may decide any challenge when making its
4canvass under s. 7.53. If the returns are reported under s. 7.60, a challenge may be
5reviewed by the county board of canvassers. If the returns are reported under s. 7.70,
6a challenge may be reviewed by the chairperson of the board commission or the
7chairperson's designee. The decision of any board of canvassers or of the chairperson
8or chairperson's designee may be appealed under s. 9.01. The standard for
9disqualification specified in s. 6.325 shall be used to determine the validity of
10challenged ballots.
AB388-engrossed,80 11Section 80. 6.96 of the statutes is amended to read:
AB388-engrossed,36,3 126.96 Voting procedure for electors voting pursuant to federal court
13order.
Whenever any elector is allowed to vote at a polling place pursuant to a
14federal court order after the closing time provided under s. 6.78, the inspectors shall,
15before giving the elector a ballot, write on the back of the ballot the notation "s. 6.96".
16If voting machines are used in the municipality where the elector is voting, the
17elector's vote may be received only upon an absentee ballot furnished by the
18municipal clerk which shall have the notation "s. 6.96" written on the back of the
19ballot by the inspectors before the ballot is given to the elector. When receiving the
20elector's ballot, the inspectors shall provide the elector with the written voting
21information prescribed by the board commission under s. 7.08 (8). The inspectors
22shall indicate on the list the fact that the elector is voting pursuant to a federal court
23order. The inspectors shall then deposit the ballot. The ballot shall be counted under
24s. 5.85 or 7.51 unless the order is vacated. If the order is vacated after the ballot is
25counted, the appropriate board or boards of canvassers or the chairperson of the

1board commission or his or her designee shall reopen the canvass to discount any
2ballots that were counted pursuant to the vacated order and adjust the statements,
3certifications, and determinations accordingly.
AB388-engrossed,81 4Section 81. 6.97 (1) of the statutes is amended to read:
AB388-engrossed,37,115 6.97 (1) Whenever any individual who is required to provide proof of residence
6under s. 6.34 in order to be permitted to vote appears to vote at a polling place and
7cannot provide the required proof of residence, the inspectors shall offer the
8opportunity for the individual to vote under this section. Whenever any individual,
9other than a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as
10defined in s. 6.34 (1) (b), or an elector who has a confidential listing under s. 6.47 (2),
11appears to vote at a polling place and does not present proof of identification under
12s. 6.79 (2), whenever required, the inspectors or the municipal clerk shall similarly
13offer the opportunity for the individual to vote under this section. If the individual
14wishes to vote, the inspectors shall provide the elector with an envelope marked
15"Ballot under s. 6.97, stats." on which the serial number of the elector is entered and
16shall require the individual to execute on the envelope a written affirmation stating
17that the individual is a qualified elector of the ward or election district where he or
18she offers to vote and is eligible to vote in the election. The inspectors shall, before
19giving the elector a ballot, write on the back of the ballot the serial number of the
20individual corresponding to the number kept at the election on the poll list or other
21list maintained under s. 6.79 and the notation "s. 6.97". If voting machines are used
22in the municipality where the individual is voting, the individual's vote may be
23received only upon an absentee ballot furnished by the municipal clerk which shall
24have the corresponding number from the poll list or other list maintained under s.
256.79 and the notation "s. 6.97" written on the back of the ballot by the inspectors

1before the ballot is given to the elector. When receiving the individual's ballot, the
2inspectors shall provide the individual with written voting information prescribed
3by the board commission under s. 7.08 (8). The inspectors shall indicate on the list
4the fact that the individual is required to provide proof of residence or proof of
5identification under s. 6.79 (2) but did not do so. The inspectors shall notify the
6individual that he or she may provide proof of residence or proof of identification to
7the municipal clerk or executive director of the municipal board of election
8commissioners. The inspectors shall also promptly notify the municipal clerk or
9executive director of the name, address, and serial number of the individual. The
10inspectors shall then place the ballot inside the envelope and place the envelope in
11a separate carrier envelope.
AB388-engrossed,82 12Section 82. 7.03 (1) (a) of the statutes is amended to read:
AB388-engrossed,37,2513 7.03 (1) (a) Except as authorized under this paragraph, a reasonable daily
14compensation shall be paid to each inspector, voting machine custodian, automatic
15tabulating equipment technician, member of a board of canvassers, messenger, and
16tabulator who is employed and performing duties under chs. 5 to 12. Daily
17compensation shall also be provided to inspectors and inspector trainees for
18attendance at training programs conducted by the board commission and municipal
19clerks under ss. 7.31 and 7.315. Alternatively, such election officials and trainees
20may be paid by the hour at a proportionate rate for each hour actually worked. Any
21election official or trainee may choose to volunteer his or her services by filing with
22the municipal clerk of the municipality in which he or she serves a written
23declination to accept compensation. The volunteer status of the election official or
24trainee remains effective until the official or trainee files a written revocation with
25the municipal clerk.
AB388-engrossed,83
1Section 83. 7.03 (1) (b) of the statutes is amended to read:
AB388-engrossed,38,72 7.03 (1) (b) Except as provided in par. (bm), any compensation owed shall be
3paid by the municipality in which the election is held, except that any compensation
4payable to a technician, messenger, tabulator, or member of the board of canvassers
5who is employed to perform services for the county shall be paid by the county and
6compensation payable to any messenger or tabulator who is employed to perform
7services for the state shall be paid by the board commission.
AB388-engrossed,84 8Section 84. 7.03 (2) of the statutes is amended to read:
AB388-engrossed,38,159 7.03 (2) The amount of compensation of election officials, when authorized or
10required, shall be fixed by the appropriate county board of supervisors, municipal
11governing body, or municipal board of election commissioners in cities over 500,000
12population. The board commission shall fix the amount to be paid any person
13employed to perform duties for the state. If the board commission employs an
14individual to perform duties which are the responsibility of a county or municipality,
15the board commission shall charge the expense to the county or municipality.
AB388-engrossed,85 16Section 85. 7.08 (title) of the statutes is amended to read:
AB388-engrossed,38,17 177.08 (title) Government accountability board Elections commission.
AB388-engrossed,86 18Section 86. 7.08 (1) (a) of the statutes is amended to read:
AB388-engrossed,39,419 7.08 (1) (a) Prescribe all official ballot forms necessary under chs. 5 to 10 and
2012 and revise the official ballot forms to harmonize with legislation and the current
21official status of the political parties whenever necessary. The board commission
22shall include on each ballot form, in the space for official endorsement, markings or
23spaces for identifying a ballot as an overvoted ballot, a duplicate overvoted ballot, a
24damaged ballot, or a duplicate damaged ballot, and for writing an identifying serial
25number. The board commission shall provide one copy of each ballot form without

1charge to each county and municipal clerk and board of election commissioners. The
2board commission shall distribute or arrange for distribution of additional copies.
3The prescribed forms shall be substantially followed in all elections under chs. 5 to
410 and 12.
AB388-engrossed,87 5Section 87. 7.08 (4) of the statutes is amended to read:
AB388-engrossed,39,96 7.08 (4) Election laws. Publish the election laws. The board commission shall
7sell or distribute or arrange for the sale or distribution of copies of the election laws
8to county and municipal clerks and boards of election commissioners and members
9of the public.
AB388-engrossed,88 10Section 88. 7.15 (1) (g) of the statutes, as affected by 2013 Wisconsin Act 148,
11is amended to read:
AB388-engrossed,39,1612 7.15 (1) (g) In the manner prescribed by the board commission, report
13suspected election frauds, irregularities, or violations of which the clerk has
14knowledge to the district attorney for the county where the suspected activity occurs
15and to the board commission. The board commission shall annually report the
16information obtained under this paragraph to the legislature under s. 13.172 (2).
AB388-engrossed,89 17Section 89. 7.41 (5) of the statutes is amended to read:
AB388-engrossed,39,2118 7.41 (5) The board may commission shall promulgate rules that are consistent
19with the requirements of sub. (2) regarding the proper conduct of individuals
20exercising the right under sub. (1), including the interaction of those individuals with
21inspectors and other election officials.
AB388-engrossed,90 22Section 90. 7.52 (1) (a) of the statutes is amended to read:
AB388-engrossed,40,1523 7.52 (1) (a) The governing body of any municipality may provide by ordinance
24that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
25municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,

1at each election held in the municipality, canvass all absentee ballots received by the
2municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this
3subsection, the municipal clerk or board of election commissioners of the
4municipality shall notify the board elections commission in writing of the proposed
5enactment and shall consult with the board elections commission concerning
6administration of this section. At every election held in the municipality following
7enactment of an ordinance under this subsection, the board of absentee ballot
8canvassers shall, any time after the opening of the polls and before 10 p.m. on election
9day, publicly convene to count the absentee ballots for the municipality. The
10municipal clerk shall give at least 48 hours' notice of any meeting under this
11subsection. Any member of the public has the same right of access to a meeting of
12the municipal board of absentee ballot canvassers under this subsection that the
13individual would have under s. 7.41 to observe the proceedings at a polling place. The
14board of absentee ballot canvassers may order the removal of any individual
15exercising the right to observe the proceedings if the individual disrupts the meeting.
AB388-engrossed,91 16Section 91. 7.60 (4) (a) of the statutes is amended to read:
AB388-engrossed,41,1117 7.60 (4) (a) The board of canvassers shall make separate duplicate statements
18showing the numbers of votes cast for the offices of president and vice president; state
19officials; U.S. senators and representatives in congress; state legislators; justice;
20court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage
21commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
22municipal judge elected under s. 755.01 (4) serves a municipality that is located
23partially within the county and candidates for that judgeship file nomination papers
24in another county, the board of canvassers shall prepare a duplicate statement
25showing the numbers of votes cast for that judgeship in that county for transmittal

1to the other county. For partisan candidates, the statements shall include the
2political party or principle designation, if any, next to the name of each candidate.
3The board of canvassers shall also prepare a statement showing the results of any
4county, technical college district, or statewide referendum. Each statement shall
5state the total number of votes cast in the county for each office; the names of all
6persons for whom the votes were cast, as returned; the number of votes cast for each
7person; and the number of votes cast for and against any question submitted at a
8referendum. The board of canvassers shall use one copy of each duplicate statement
9to report to the government accountability board elections commission, technical
10college district board, or board of canvassers of any other county and shall file the
11other statement in the office of the county clerk or board of election commissioners.
AB388-engrossed,92 12Section 92. 7.60 (5) of the statutes is amended to read:
AB388-engrossed,42,613 7.60 (5) Reporting. (a) Immediately following the canvass, the county clerk
14shall deliver or transmit to the government accountability board elections
15commission
a certified copy of each statement of the county board of canvassers for
16president and vice president, state officials, senators and representatives in
17congress, state legislators, justice, court of appeals judge, circuit judge, district
18attorney, and metropolitan sewerage commissioners, if the commissioners are
19elected under s. 200.09 (11) (am). The statement shall record the returns for each
20office or referendum by ward, unless combined returns are authorized under s. 5.15
21(6) (b) in which case the statement shall record the returns for each group of
22combined wards. Following primaries the county clerk shall enclose on forms
23prescribed by the government accountability board elections commission the names,
24party or principle designation, if any, and number of votes received by each candidate
25recorded in the same manner. The county clerk shall deliver or transmit the certified

1statement to the government accountability board elections commission no later
2than 9 days after each primary except the partisan primary, no later than 10 days
3after the partisan primary and any other election except the general election, and no
4later than 14 days after the general election. The board of canvassers shall deliver
5or transmit a certified copy of each statement for any technical college district
6referendum to the secretary of the technical college district board.
AB388-engrossed,42,197 (b) If the board of canvassers becomes aware of a material mistake in the
8canvass of an election for state or national office or a statewide or technical college
9district referendum prior to the close of business on the day the government
10accountability board
elections commission receives returns from the last county
11board of canvassers with respect to that canvass, the board of canvassers may
12petition the government accountability board elections commission to reopen and
13correct the canvass. The government accountability board elections commission
14shall direct the canvass to be reopened and corrected if it determines that the public
15interest so requires. If the government accountability board elections commission
16directs the canvass to be reopened, the board of canvassers shall reconvene and
17transmit a certified corrected copy of the canvass statement to the government
18accountability board
elections commission or secretary of the technical college
19district board.
AB388-engrossed,93 20Section 93. 7.70 (3) (b) of the statutes is amended to read:
AB388-engrossed,43,621 7.70 (3) (b) The commission chairperson of the board or the chairperson's
22designee shall examine the certified statements of the county boards of canvassers.
23If it appears that any material mistake has been made in the computation of votes,
24or any county board of canvassers failed to canvass the votes or omitted votes from
25any ward or election district in the county, the commission chairperson of the board

1or the chairperson's designee may dispatch a messenger to the county clerk with
2written instructions to certify the facts concerning the mistake or the reason why the
3votes were not canvassed. A clerk to whom such instructions are delivered shall
4immediately make a true and full answer, sign it, affix the county seal and deliver
5it to the messenger. The messenger shall deliver it with all possible dispatch to the
6board commission.
AB388-engrossed,94 7Section 94. 7.70 (3) (i) of the statutes is amended to read:
AB388-engrossed,43,188 7.70 (3) (i) The commission chairperson of the board or the chairperson's
9designee shall canvass only regular returns made by the county board of canvassers
10and shall not count or canvass any additional or supplemental returns or statements
11made by the county board or any other board or person. The commission chairperson
12of the board or the chairperson's designee shall not count or canvass any statement
13or return which has been made by the county board of canvassers at any other time
14than that provided in s. 7.60. This provision does not apply to any return made
15subsequent to a recount under s. 9.01, when the return is accepted in lieu of any prior
16return from the same county for the same office; or to a statement given to the
17commission chairperson of the board or chairperson's designee or a messenger sent
18by the chairperson or designee to obtain a correction.
AB388-engrossed,95 19Section 95. 7.70 (5) (a) of the statutes is amended to read:
AB388-engrossed,44,1220 7.70 (5) (a) The board commission shall record in its office each certified
21statement and determination made by the commission chairperson of the board or
22the chairperson's designee. Immediately after the expiration of the time allowed to
23file a petition for recount, the board commission shall make and transmit to each
24person declared elected a certificate of election under the seal of the board
25commission. It shall also prepare similar certificates, attested by the commission

1administrator of the elections division of the board, addressed to the U.S. house of
2representatives, stating the names of those persons elected as representatives to the
3congress from this state. In the case of U.S. senators, the board commission shall
4prepare a certificate of election for the governor's signature, and the governor shall
5sign and affix the great seal of the state and transmit the certificate to the president
6of the U.S. senate. The certificate shall be countersigned by the secretary of state.
7If a person elected was elected to fill a vacancy, the certificate shall so state indicate.
8When a valid petition for recount is filed, the commission chairperson of the board
9or the chairperson's designee may not certify a nomination, and the governor or
10board commission may not issue a certificate of election until the recount has been
11completed and the time allowed for filing an appeal has passed, or if appealed until
12the appeal is decided.
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