SB294,41
12Section
41. 5.05 (5s) (f) 2. a. and b. of the statutes are consolidated,
13renumbered 5.05 (5s) (f) 2. a. and amended to read:
SB294,19,2214
5.05
(5s) (f) 2. a. The
board commission may make records
obtained in
15connection with an informal advisory opinion under subd. 1. public with the consent
16of the individual requesting the
informal advisory opinion or the organization or
17governmental body on whose behalf it is requested.
b. A person who makes or
18purports to make public the substance of or any portion of an
informal advisory
19opinion requested by or on behalf of the person is deemed to have waived the
20confidentiality of the request for an
informal advisory opinion and of any records
21obtained or prepared by the
board commission in connection with the request for an
22informal advisory opinion.
SB294,42
23Section
42. 5.05 (5s) (f) 2. c. of the statutes is amended to read:
SB294,20,324
5.05
(5s) (f) 2. c. The
board commission shall make public
formal and informal 25advisory opinions and records obtained in connection with requests for
formal or
1informal advisory opinions relating to matters under the jurisdiction of the
elections
2division commission, including the identity of individuals requesting such opinions
3or organizations or governmental bodies on whose behalf they are requested.
SB294,43
4Section
43. 5.05 (5t) of the statutes is created to read:
SB294,20,105
5.05
(5t) Guidance following binding court decisions. Within 2 months
6following the publication of a decision of a state or federal court that is binding on
7the commission and this state, the commission shall issue updated guidance or
8formal advisory opinions, commence the rule-making procedure to revise
9administrative rules promulgated by the commission, or request an opinion from the
10attorney general on the applicability of the court decision.
SB294,44
11Section
44. 5.05 (6a) of the statutes is renumbered 5.05 (6a) (a) 1. and
12amended to read:
SB294,21,413
5.05
(6a) (a) 1. Any individual, either personally or on behalf of an organization
14or governmental body, may make a
written or electronic request of the
board 15commission in writing, electronically, or by telephone for
an a formal or informal 16advisory opinion regarding the propriety under chs. 5 to
10 or 12
, subch. III of ch. 13,
17or subch. III of ch. 19 of any matter to which the person is or may become a party
;
18and any. Any appointing officer, with the consent of a prospective appointee, may
19request of the
board an commission a formal or informal advisory opinion regarding
20the propriety under chs. 5 to
10 or 12
, subch. III of ch. 13, or subch. III of ch. 19 of
21any matter to which the prospective appointee is or may become a party. The
board 22commission shall review a request for an advisory opinion and may issue a formal
23or informal written or electronic advisory opinion to the person making the request.
24Except as authorized or required for opinions specified in sub. (5s) (f) 2., the
board's 25commission's deliberations and actions upon such requests shall be in meetings not
1open to the public.
No person acting in good faith upon an advisory opinion issued
2by the board is subject to criminal or civil prosecution for so acting, if the material
3facts are as stated in the opinion request A member of the commission may, by
4written request, require the commission to review an advisory opinion.
SB294,21,11
52. To have legal force and effect, each
formal and informal advisory opinion
6issued by the
board commission must be supported by specific legal authority under
7a statute or other law, or by specific case or common law authority. Each
formal and
8informal advisory opinion shall include a citation to each statute or other law and
9each case or common law authority upon which the opinion is based, and shall
10specifically articulate or explain which parts of the cited authority are relevant to the
11board's commission's conclusion and why they are relevant.
SB294,21,17
12(b) 1. The
board commission may authorize
its legal counsel the commission
13administrator or his or her designee to issue an informal written advisory opinion
14or
to transmit an informal advisory opinion electronically on behalf of the
board 15commission, subject to such limitations as the
board commission deems appropriate.
16Every informal advisory opinion shall be consistent with applicable formal advisory
17opinions issued by the
board. commission, statute or other law, and case law.
SB294,22,4
18(a) 4. At each regular meeting of the commission, the administrator shall
19review informal advisory opinions requested of and issued by the administrator and
20that relate to recurring issues or issues of first impression for which no formal
21advisory opinion has been issued. The commission may determine to issue a formal
22advisory opinion adopting or modifying the informal advisory opinion. If the
board 23commission disagrees with
an a formal or informal advisory opinion that has been
24issued
by or on behalf of the
board
commission, the
board commission may withdraw
25the opinion
or, issue a revised
formal or informal advisory opinion
and no, or request
1an opinion from the attorney general. No person acting after the date of the
2withdrawal or issuance of the revised advisory opinion is exempted from prosecution
3under this subsection if the opinion upon which the person's action is based has been
4withdrawn or revised in relevant degree.
SB294,22,8
5(a) 5. Except as authorized or required under sub. (5s) (f) 2., no member or
6employee of the
board commission may make public the identity of the individual
7requesting a formal or informal advisory opinion or of individuals or organizations
8mentioned in the opinion.
SB294,22,14
9(c) 2. Any person
receiving requesting a formal
or informal advisory opinion
10under this
subsection who disagrees with the opinion
paragraph may request a
11public or private hearing before the
board commission to discuss the opinion. The
12board commission shall grant a request for a public or private hearing under this
13subsection. After hearing the matter, the board may reconsider its opinion and may
14issue a revised opinion to the person. paragraph.
SB294,22,18
15(c) 3. Promptly upon issuance of each formal advisory opinion
that is not open
16to public access, the
board commission shall publish
a summary of the opinion
that
17is consistent with applicable requirements together with the information specified 18under sub. (5s) (f)
2. c. on the commission's Internet site.
SB294,45
19Section
45. 5.05 (6a) (a) 3. of the statutes is created to read:
SB294,22,2320
5.05
(6a) (a) 3. No person acting in good faith upon a formal or informal
21advisory opinion issued by the commission under this subsection is subject to
22criminal or civil prosecution for so acting, if the material facts are as stated in the
23opinion request.
SB294,46
24Section
46. 5.05 (6a) (b) 2. of the statutes is created to read:
SB294,23,6
15.05
(6a) (b) 2. Any individual may request in writing, electronically, or by
2telephone an informal advisory opinion from the commission under this paragraph.
3The commission's designee shall provide a written response, a written reference to
4an applicable statute or law, or a written reference to a formal advisory opinion of the
5commission to the individual, or shall refer the request to the commission for review
6and the issuance of a formal advisory opinion.
SB294,47
7Section
47. 5.05 (6a) (b) 3. of the statutes is created to read:
SB294,23,108
5.05
(6a) (b) 3. Any person receiving an informal advisory opinion under this
9paragraph may, at any time, request a formal advisory opinion from the commission
10on the same matter.
SB294,48
11Section
48. 5.05 (6a) (c) 1. of the statutes is created to read:
SB294,23,2012
5.05
(6a) (c) 1. Any individual may request in writing, electronically, or by
13telephone a formal advisory opinion from the commission or the review or
14modification of a formal advisory opinion issued by the commission under this
15paragraph. The individual making the request shall include all pertinent facts
16relevant to the matter. The commission shall review a request for a formal advisory
17opinion and may issue a formal advisory opinion to the individual making the
18request. Except as authorized or required for opinions specified in sub. (5s) (f) 2., the
19commission's deliberations and actions upon such requests shall be in meetings not
20open to the public.
SB294,49
21Section
49. 5.05 (6a) (c) 4. of the statutes is created to read:
SB294,23,2422
5.05
(6a) (c) 4. If the commission declines to issue a formal advisory opinion,
23it may refer the matter to the attorney general or to the standing legislative oversight
24committees.
SB294,50
25Section
50. 5.05 (9) of the statutes is amended to read:
SB294,24,6
15.05
(9) Standing. The
board commission has standing to commence or
2intervene in any civil action or proceeding for the purpose of enforcing the laws
3regulating the conduct of elections or election campaigns
, other than laws regulating
4campaign financing, or ensuring their proper administration.
If the board delegates
5authority to its legal counsel under sub. (1) (e) to act in its stead, the legal counsel
6has standing to commence or intervene in such an action or proceeding.
SB294,51
7Section
51. 5.05 (10) of the statutes is amended to read:
SB294,24,208
5.05
(10) State election administration plan. With the
assistance of the
9election administration council and approval of the joint committee on finance as
10provided in this subsection, the
board commission shall adopt and modify as
11necessary a state plan that meets the requirements of P.L.
107-252 to enable
12participation by this state in federal financial assistance programs authorized under
13that law. The
board commission shall adopt the plan and any modifications only after
14publishing a class 1 notice under ch. 985 or posting on the Internet a statement
15describing the proposed plan or modification and receiving public comment thereon.
16After approval of the proposed plan or any modification of the plan by the
board 17commission, the
board commission shall submit the proposed plan or modification
18to the joint committee on finance for the approval of the committee. The
board 19commission may adopt the proposed plan or modification only if the committee
20approves the proposed plan or modification.
SB294,52
21Section
52. 5.05 (11) of the statutes is amended to read:
SB294,25,722
5.05
(11) Aids to counties and municipalities. From the appropriations under
23s.
20.511 20.510 (1) (t) and (x), the
board commission may provide financial
24assistance to eligible counties and municipalities for election administration costs in
25accordance with the plan adopted under sub. (10). As a condition precedent to receipt
1of assistance under this subsection, the
board
commission shall enter into an
2agreement with the county or municipality receiving the assistance specifying the
3intended use of the assistance and shall ensure compliance with the terms of the
4agreement. Each agreement shall provide that if the federal government objects to
5the use of any assistance moneys provided to the county or municipality under the
6agreement, the county or municipality shall repay the amount of the assistance
7provided to the
board commission.
SB294,53
8Section
53. 5.05 (16) of the statutes is created to read:
SB294,25,129
5.05
(16) Policies and procedures. (a) Annually, the commission shall adopt
10written policies and procedures in order to govern its internal operations and
11management and shall annually report such policies and procedures to the
12appropriate standing committees of the legislature under s. 13.172 (3).
SB294,25,1713
(b) Notwithstanding par. (a), the commission may reconsider at any time any
14policy or procedure adopted as provided under par. (a). If, upon reconsideration, the
15commission revises a previously reported policy or procedure, the commission shall
16report the revision to the appropriate standing committees of the legislature under
17s. 13.172 (3).
SB294,25,2118
(c) The commission may reconsider at any time any written directives or
19written guidance provided to the general public or to any person subject to the
20provisions of chs. 5 to 10 and 12 with regard to the enforcement and administration
21of those provisions.
SB294,54
22Section
54. 5.05 (17) of the statutes is created to read:
SB294,26,223
5.05
(17) Payments. The commission may accept payment by credit card, debit
24card, 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.
SB294,55
3Section
55. 5.052 of the statutes is repealed.
SB294,56
4Section
56. 5.054 of the statutes is repealed.
SB294,57
5Section
57. 5.055 of the statutes is amended to read:
SB294,26,18
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.
SB294,58
19Section
58. 5.056 of the statutes is amended to read:
SB294,26,25
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.
SB294,59
1Section
59. 5.07 of the statutes is amended to read:
SB294,27,8
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.
SB294,60
9Section
60. 5.08 of the statutes is amended to read:
SB294,27,23
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.
SB294,61
24Section
61. 5.09 of the statutes is repealed.
SB294,62
25Section
62. 5.40 (7) of the statutes is amended to read:
SB294,28,7
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.
SB294,63
8Section
63. 5.58 (2) of the statutes is amended to read:
SB294,28,219
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).
SB294,64
22Section
64. 5.58 (2m) of the statutes is amended to read:
SB294,29,323
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.
SB294,65
4Section
65. 5.60 (1) (b) of the statutes is amended to read:
SB294,29,165
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.
SB294,66
17Section
66. 5.62 (4) (b) of the statutes is amended to read:
SB294,29,2218
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).
SB294,67
23Section
67. 5.68 (3m) of the statutes is repealed.
SB294,68
24Section
68. 5.93 of the statutes is amended to read:
SB294,30,2
15.93 Administration. The
board may commission shall promulgate
2reasonable rules for the administration of this subchapter.
SB294,69
3Section
69. 6.26 (3) of the statutes is amended to read:
SB294,30,114
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.
SB294,31,414
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.
SB294,31,107
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.
SB294,72
11Section
72. 6.33 (5) (a) of the statutes is amended to read:
SB294,32,212
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.
SB294,73
3Section
73. 6.36 (1) (b) 1. a. of the statutes is amended to read:
SB294,32,124
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.
SB294,74
13Section
74. 6.36 (1) (bm) of the statutes is amended to read:
SB294,32,1714
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.
SB294,75
18Section
75. 6.36 (2) (a) of the statutes is amended to read:
SB294,33,1119
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.
SB294,76
12Section
76. 6.50 (2g) of the statutes is amended to read:
SB294,33,1513
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).
SB294,77
16Section
77. 6.50 (7) of the statutes is amended to read:
SB294,33,2017
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.
SB294,78
21Section
78. 6.56 (3) of the statutes is amended to read:
SB294,34,1422
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.
SB294,79
15Section
79. 6.95 of the statutes is amended to read:
SB294,35,10
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.
SB294,80
11Section
80. 6.96 of the statutes is amended to read:
SB294,36,3
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.
SB294,81
4Section
81. 6.97 (1) of the statutes is amended to read:
SB294,37,115
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.
SB294,82
12Section
82. 7.03 (1) (a) of the statutes is amended to read:
SB294,37,2513
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.
SB294,83
1Section
83. 7.03 (1) (b) of the statutes is amended to read: