AB567,19,53 (b) An absentee ballot may be considered canvassed for purposes of par. (a) only
4after all tasks have been completed in the canvassing process except for the tallying
5of votes.
AB567,25 6Section 25 . 7.37 (12) of the statutes is amended to read:
AB567,19,107 7.37 (12) Canvassers. The election inspectors shall constitute the board of
8canvassers of their polling place and in that capacity shall perform the duties under
9s. 7.51, except as otherwise designated by the municipal clerk under ss. s. 5.85 and
105.86
.
AB567,26 11Section 26 . 7.51 (1) of the statutes is amended to read:
AB567,20,312 7.51 (1) Canvass procedure. Immediately after the polls close the inspectors
13except any inspector appointed under s. 7.30 (1) (b) shall proceed to canvass publicly
14all votes received at the polling place. In any municipality where an electronic voting
15system is used, the municipal governing body or board of election commissioners may
16provide or authorize the municipal clerk or executive director of the board of election
17commissioners to provide for the adjournment of the canvass to one or more central
18counting locations for specified polling places in the manner prescribed in subch. III
19of ch. 5. No central counting location may be used to count votes at a polling place
20where an electronic voting system is not employed.
The canvass , whether conducted
21at the polling place or at a central counting location,
shall continue without
22adjournment until the canvass of all ballots cast and received on or before election
23day is completed and the return statement is made or, in municipalities where
24absentee ballots are canvassed under s. 7.52, until the canvass of all absentee ballots
25cast and received on or before election day is completed and the return statement for

1those ballots is made. The inspectors shall not permit access to the name of any
2elector who has obtained a confidential listing under s. 6.47 (2) during the canvass,
3except as authorized in s. 6.47 (8).
AB567,27 4Section 27 . 7.52 (1) (a) of the statutes is renumbered 7.52 (1) (a) 1. and
5amended to read:
AB567,20,236 7.52 (1) (a) 1. The governing body of any municipality may provide by ordinance
7that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
8municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,
9at each election held in the municipality, canvass all absentee ballots received by the
10municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this
11subsection subdivision, the municipal clerk or board of election commissioners of the
12municipality shall notify the elections commission in writing of the proposed
13enactment and shall consult with the elections commission concerning
14administration of this section. At Except as provided under par. (h), at every election
15held in the municipality following enactment of an ordinance under this subsection
16subdivision, the board of absentee ballot canvassers shall, any time after the opening
17of the polls and before 10 p.m. on election day,
publicly convene at 7 a.m. on the day
18before the election
to count the begin the canvass of absentee ballots for the
19municipality and may not recess until 8 p.m. on that day, or at such time when there
20are no further absentee ballots to be processed on that day, whichever is earlier, at
21which time the meeting shall recess; the meeting shall reconvene at 7 a.m. on election
22day and continue until all absentee ballots received by the municipal clerk by 8 p.m.
23on election day have been canvassed
.
AB567,21,5 242. The municipal clerk shall give at least 48 hours' 60 days' notice of any the
25meeting under this subsection. Any member of the public has the same right of

1access to a meeting of the municipal board of absentee ballot canvassers under this
2subsection that the individual would have under s. 7.41 to observe the proceedings
3at a polling place. The board of absentee ballot canvassers may order the removal
4of any individual exercising the right to observe the proceedings if the individual
5disrupts the meeting.
AB567,28 6Section 28 . 7.52 (1) (d) to (h) of the statutes are created to read:
AB567,21,197 7.52 (1) (d) 1. At 7 a.m., noon, and 8 p.m. on the day before the election, and
8at 7 a.m., noon, and 8 p.m. on election day, the municipal clerk or his or her designee
9or municipal board of election commissioners shall provide to the county clerk of the
10county in which the municipality is located or the county board of election
11commissioners a statement that shows the total number of absentee ballots returned
12to the municipality and the total number of absentee ballots the municipal board of
13absentee ballot canvassers has canvassed under this subsection. The county clerk
14or county board of election commissioners shall promptly post each statement on the
15website on which returns for the county are posted on election night under s. 7.60.
16In a municipality having a municipal board of election commissioners, the statement
17required under this paragraph shall also be posted on the website maintained by the
18municipal board of election commissioners. The statement may not include the
19names or addresses of any electors.
AB567,21,2220 2. An absentee ballot shall be considered canvassed for purposes of subd. 1. only
21after all tasks have been completed in the canvassing process except for the tallying
22of votes.
AB567,22,1223 (e) When the meeting of the board of absentee ballot canvassers recesses on the
24day before the election, the board of absentee ballot canvassers shall secure the
25automatic tabulating equipment, and the areas where the programmed media,

1memory devices, and absentee ballots are housed, with tamper-evident security
2seals in a double-lock location such as a locked cabinet inside a locked office. Before
3resuming the canvassing of ballots on election day, the board of absentee ballot
4canvassers shall check and record the status of each tamper-evident seal. The board
5of absentee ballot canvassers shall immediately notify the commission of any
6evidence of tampering. If the board of absentee ballot canvassers discovers evidence
7of tampering with respect to automatic tabulating equipment, the canvass may not
8resume until the equipment is replaced and the replacement equipment is tested as
9provided in s. 5.84, except that public notice need not be provided 48 hours prior to
10the test. If the board of absentee ballot canvassers discovers evidence of tampering
11under this paragraph, the commission shall verify the accuracy of the absentee ballot
12count in the municipality in the election by doing all of the following:
AB567,22,1513 1. Ordering the municipality to conduct a recount after the election of all
14absentee ballots cast in the municipality in the election. The commission's order
15shall establish procedures for the recount consistent with s. 9.01.
AB567,22,1716 2. Auditing the election equipment in the same manner as audits are conducted
17under s. 7.08 (6).
AB567,22,1918 (f) Votes on absentee ballots canvassed under this section may not be tallied
19until after the polls close on election day.
AB567,22,2320 (g) No person may intentionally act in a manner that would give him or her the
21ability to know or to provide information on the tallied results from the ballots
22canvassed under this section before the polls close on election day. Whoever
23intentionally violates this paragraph is guilty of a Class I felony.
AB567,23,3
1(h) Canvassing absentee ballots on the day before the election under this
2section is optional except for each spring and general election and each special
3election or recall election if the special or recall election is for a state or national office.
AB567,29 4Section 29 . 7.52 (2) of the statutes is amended to read:
AB567,23,155 7.52 (2) In counting the absentee ballots, the board of absentee ballot
6canvassers shall use 2 duplicate copies of a single poll list for the entire municipality
7prepared in accordance with s. 6.36 (2). Upon accepting reviewing each absentee
8ballot certificate envelope to ensure that it satisfies all applicable legal
9requirements
, the board of absentee ballot canvassers shall enter a poll list
10sequential count number on the poll list next to the name of the elector who voted
11the ballot, beginning with the number one. If the elector's name does not appear on
12the poll list, the board of absentee ballot canvassers shall enter the number on a
13separate list maintained under this subsection. The board of absentee ballot
14canvassers shall record each elector's sequential count number on the face of the
15elector's certificate envelope.
AB567,30 16Section 30 . 7.52 (3) (a) of the statutes is amended to read:
AB567,24,1517 7.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier
18envelope only, and, in such a manner that a member of the public, if he or she desired,
19could hear, announce the name of the absent elector or the identification serial
20number of the absent elector if the elector has a confidential listing under s. 6.47 (2).
21When the board of absentee ballot canvassers finds that the certification has been
22properly executed and the applicant is a qualified elector of the ward or election
23district, the board of absentee ballot canvassers shall enter an indication, including
24the elector's sequential count number as provided under sub. (2),
on the poll list next
25to the applicant's name indicating an absentee ballot is cast by the elector. The board

1of absentee ballot canvassers shall then open the envelope containing the ballot in
2a manner so as not to deface or destroy the certification thereon . The board of
3absentee ballot canvassers shall take out the ballot without unfolding it or
4permitting it to be unfolded or examined
and shall remove the ballot from the
5certificate envelope without viewing who the elector voted for
. Unless the ballot is
6cast under s. 6.95, the board of absentee ballot canvassers shall verify that the ballot
7has been endorsed by the issuing clerk. If the poll list indicates that proof of
8residence is required and no proof of residence is enclosed or the name or address on
9the document that is provided is not the same as the name and address shown on the
10poll list, the board of absentee ballot canvassers shall proceed as provided under s.
116.97 (2). The board of absentee ballot canvassers shall mark the poll list number of
12each elector who casts an absentee ballot on the back of the elector's ballot.
The board
13of absentee ballot canvassers shall then deposit the ballot into the proper ballot box
14and enter the absent elector's name or poll list number after his or her name on the
15poll list
or automatic tabulating equipment.
AB567,31 16Section 31 . 7.52 (4) (a) of the statutes is amended to read:
AB567,25,217 7.52 (4) (a) The board of absentee ballot canvassers shall then open the ballot
18box and remove and
count the number of ballots therein without examination except
19as is necessary to ascertain that each is a single ballot. If 2 or more ballots are folded
20together so as to appear as a single ballot, the board of absentee ballot canvassers
21shall lay them aside until the count is completed; and if, after a comparison of the
22count and the appearance of the ballots it appears to the board of absentee ballot
23canvassers that the ballots folded together were voted by the same person they shall
24not be counted but the board of absentee ballot canvassers shall mark them as to the

1reason for removal, set them aside, and carefully preserve them. The board of
2absentee ballot canvassers shall then proceed under par. (b).
AB567,32 3Section 32 . 7.52 (9) of the statutes is amended to read:
AB567,25,84 7.52 (9) The governing body of any municipality that has provided by ordinance
5enacted under sub. (1) (a) 1. for the canvassing of absentee ballots at all elections held
6in the municipality under this section may by similar action rescind that decision.
7Thereafter, the absentee ballots at all elections held in the municipality shall be
8canvassed as provided in s. 6.88.
AB567,33 9Section 33 . 7.52 (10) of the statutes is created to read:
AB567,25,1210 7.52 (10) A member of the board of absentee ballot canvassers or other election
11official who willfully neglects or refuses to perform any of the duties prescribed under
12this section is guilty of a Class I felony.
AB567,34 13Section 34. 7.52 (11) of the statutes is created to read:
AB567,25,1514 7.52 (11) An ordinance under sub. (1) may not take effect less than 60 days
15before an election.
AB567,35 16Section 35 . 54.25 (2) (c) 1. g. of the statutes is amended to read:
AB567,26,1917 54.25 (2) (c) 1. g. The right to register to vote or to vote in an election, if the court
18finds that the individual is incapable of understanding the objective of the elective
19process. Also, in accordance with s. 6.03 (3), any elector of a municipality may
20petition the circuit court for a determination that an individual residing in the
21municipality is incapable of understanding the objective of the elective process and
22thereby ineligible to register to vote or to vote in an election. This determination
23shall be made by the court in accordance with the procedures specified in this
24paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall
25be limited to a determination as to voting eligibility. The appointment of a guardian

1is not required for an individual whose sole limitation is ineligibility to vote. The No
2later than one business day after the date of a determination, the court shall notify
3the elections commission by electronic means of the
determination of the court. In
4addition, the determination of the court
shall be communicated in writing by the
5clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, 6.93,
6or 7.52 (5) with the responsibility for determining challenges to registration and
7voting that may be directed against that elector. The determination may be reviewed
8as provided in s. 54.64 (2) and. The court shall notify election official or agency
9charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for
10determining challenges to registration and voting that may be directed against that
11elector of
any subsequent determination of the court shall be likewise communicated
12by the clerk of court
no later than one business day after the determination. All
13notices provided under this subd. 1. g. shall include the full name; address, including
14city, state, and zip code; and date of birth of the individual subject to the
15determination. If the court appoints a guardian for an individual who is ineligible
16to vote, the guardian shall report an address change for the individual to the court
17within 10 business days of the change and the court shall notify the elections
18commission by electronic means of that address change using the methods described
19in this subd. 1. g. no later than one business day after receiving the information
.
AB567,36 20Section 36 . 66.0512 of the statutes is created to read:
AB567,27,3 2166.0512 Whistleblower protection for certain disclosures made by
22municipal clerks.
No municipal clerk may be discharged, disciplined, demoted, or
23otherwise discriminated against in regard to employment, or threatened with any
24such treatment, as a reprisal because the clerk lawfully reported, or is believed to
25have reported, witnessing what the clerk reasonably believed to be election fraud or

1irregularities. For purposes of this section, “lawfully reported” means a report of
2information the disclosure of which is not expressly prohibited by state or federal law,
3rule, or regulation.
AB567,37 4Section 37 . Nonstatutory provisions.
AB567,27,85 (1) Citizenship verification. The elections commission shall verify the
6citizenship of all electors on the official registration list as soon as practicable after
7the effective date of this subsection using the information provided by the
8department of transportation under s. 5.056.
AB567,27,99 (End)
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