(3) Refusal to give name and address.
If Except as provided in sub. (6), if any elector offering to vote at any polling place refuses to give his or her name and address, the elector may not be permitted to vote.
49,13
Section
13. 6.79 (5) of the statutes is amended to read:
6.79 (5) Poll list forms. Poll lists shall be kept on forms designed by the board to be substantially similar to the standard registration list forms used in municipalities where registration is required and shall require, for each person offering to vote, the entry of the person's full name and address, except as otherwise required under sub. (6) (a).
49,14
Section
14. 6.79 (6) of the statutes is created to read:
6.79 (6) Confidential names and addresses. (a) In municipalities where there is no registration, an elector who has a confidential listing under s. 6.47 (2) may present an identification card issued under s. 6.47 (3) in lieu of providing his or her name and address. If the elector resides in the area served by the polling place, the inspectors shall then enter the elector's name and identification serial number on the poll list in a section following the other names, shall issue a voting serial number to the elector and shall record that number on the poll list and permit the elector to vote.
(b) In municipalities where registration is required, an elector who has a confidential listing under s. 6.47 (2) may present his or her identification card issued under s. 6.47 (3) or may give his or her name and identification serial number issued under s. 6.47 (3). If the elector's name and identification serial number appear on the confidential portion of the list, the inspectors shall issue a voting serial number to the elector, record that number on the registration list and permit the elector to vote.
49,15
Section
15. 6.87 (2) of the statutes is amended to read:
6.87 (2) The municipal clerk shall place the ballot in an unsealed envelope furnished by the clerk. The envelope shall have the name, official title and post-office address of the clerk upon its face. The other side of the envelope shall have a printed certificate-affidavit in substantially the following form:
[STATE OF ....
County of ....]
or
[(name of foreign country and city or other jurisdictional unit)]
I, ...., (certify) (do solemnly swear) subject to the penalties of s. 12.60 (1) (b), Wis. Stats. for false statements that I am a resident of the [.... ward of the] (town) (village) of ...., or of the .... aldermanic district in the city of ...., residing at .... in said city, the county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at the election to be held on ....; that I am not voting at any other location in this election; that I cannot appear at the polling place in the (ward) (election district) on election day because I expect to be absent from the municipality or because of age, sickness, handicap, physical disability, religious reasons, jury duty, service as an election official, or because I have changed my residence within the state from one ward or election district to another within 10 days before the election. An elector who provides an identification serial number issued under s. 6.47 (3) need not provide a street address. I (certify) (swear) that I exhibited the enclosed ballot unmarked to the (2 witnesses) (person administering the oath), that I then in (their) (his) (her) presence and in the presence of no other person marked the ballot and enclosed and sealed the same in this envelope in such a manner that no one but myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could know how I voted.
Signed ....
Identification serial number, if any: ....
The (2 witnesses) (person administering the oath) shall execute either of the following as appropriate:
We, the undersigned witnesses, subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, certify that the above statements are true and the voting procedure was executed as there stated. Neither of us is a candidate for any office on the enclosed ballot (except in the case of an incumbent municipal clerk). The elector was not solicited or advised by us to vote for or against any candidate or measure.
....(Name)
....(Address)
....(Name)
....(Address)
Subscribed and sworn to before me this .... day of ...., A.D., ...., and I hereby certify that I am not a candidate on the ballot upon which the affiant voted (unless I am an incumbent municipal clerk), that the voting procedure above was executed as therein stated, and that the affiant was not solicited or advised by me to vote for or against any candidate or measure.
....(Name)
....(Title)
....(State or nation)
49,16
Section
16. 6.87 (6m) of the statutes is created to read:
6.87 (6m) Except as authorized in s. 6.47 (8), the municipal clerk shall withhold from public inspection under s. 19.35 (1) the name and address of any absent elector who obtains a confidential listing under s. 6.47 (2).
49,17
Section
17. 6.88 (3) (a) of the statutes is amended to read:
6.88 (3) (a) Any time between the opening and closing of the polls on election day, the inspectors shall open the carrier envelope only, and announce the absent elector's name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47 (2). When the inspectors find that the certification or affidavit has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, they shall enter an indication on the poll or registration list next to the applicant's name indicating an absentee ballot is cast by the elector. They shall then open the envelope containing the ballot in a manner so as not to deface or destroy the affidavit or certification thereon. The inspectors shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been endorsed by the issuing clerk. The inspectors shall deposit the ballot in the proper ballot box and enter the absent elector's name or voting number after his or her name on the poll or registration list the same as if the elector had been present and voted in person.
49,18
Section
18. 7.08 (1) (c) of the statutes is amended to read:
7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (3) and (4), 6.33 (1), 6.40 (1) (b), 6.47 (1) (a) 2. and (3), 6.55 (2) and (3), 6.79 (5) and 6.86 (2) and (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.
49,19
Section
19. 7.39 (5) of the statutes is amended to read:
7.39 (5) Poll positions. Observers of election proceedings, as a matter of right, shall be so positioned at the polls by the chief inspector as to reasonably be enabled to closely observe proceedings and hear instructions given to voters. No observer may view the confidential portion of a registration list maintained under s. 6.36 (4) or poll list maintained under s. 6.79 (6). However, the inspectors shall disclose to any observer, upon request, the existence of such a list, the number of electors whose names appear on the list and the number of those electors who have voted at any point in the proceedings. No observer may view the certificate-affidavit form of an absent elector who obtains a confidential listing under s. 6.47 (2).
49,19m
Section 19m. 7.41 (4) of the statutes is created to read:
7.41 (4) An individual exercising the right under sub. (1) may not view any records to which access by observers is prohibited under s. 7.39 (5). The inspectors shall disclose to such an individual, upon request, the existence of confidential records specified in s. 7.39 (5) and the information required to be provided to observers under s. 7.39 (5).
49,20
Section
20. 7.51 (1) of the statutes is amended to read:
7.51 (1) Canvass procedure. Immediately after the polls close the inspectors shall proceed to canvass publicly all votes received at the polling place. In any municipality where an electronic voting system is used, the municipal governing body or board of election commissioners may provide or authorize the municipal clerk or executive director of the board of election commissioners to provide for the adjournment of the canvass to one or more central counting locations for specified polling places in the manner prescribed in subch. III of ch. 5. No central counting location may be used to count votes at a polling place where an electronic voting system is not employed. The canvass, whether conducted at the polling place or at the central counting location, shall continue without adjournment until the canvass is completed and the return statements are made. The inspectors shall not permit access to the name of any elector who has obtained a confidential listing under s. 6.47 (2) during the canvass, except as authorized in s. 6.47 (8).
49,21
Section
21. 9.01 (1) (b) 11. of the statutes is amended to read:
9.01 (1) (b) 11. All steps of the recount shall be performed publicly. All Except as provided in subd. 12., all materials and ballots may be viewed and identified by the candidates, the person demanding the recount and their authorized representatives and counsel, but only members of the board of canvassers and tabulators assisting them may touch any of the materials or ballots. The candidates, the person demanding the recount and their authorized representatives and counsel may object to the counting of any ballot. Any errors shall be corrected.
49,22
Section
22. 9.01 (1) (b) 12. of the statutes is created to read:
9.01 (1) (b) 12. Except as authorized in s. 6.47 (8), the board of canvassers shall not permit access to the name of any elector who has obtained a confidential listing under s. 6.47 (2) during the recanvass.
49,23
Section
23. 12.13 (2) (b) 8. of the statutes is created to read:
12.13 (2) (b) 8. Intentionally disclose the name or address of any elector who obtains a confidential listing under s. 6.47 (2) to any person who is not authorized by law to obtain that information.
49,24
Section
24. 12.13 (3) (zm) and (zn) of the statutes are created to read:
12.13 (3) (zm) Wilfully provide to a municipal clerk false information for the purpose of obtaining a confidential listing under s. 6.47 (2) for that person or another person.
(zn) Disclose to any person information provided under s. 6.47 (8) when not authorized to do so.
49,25
Section
25. 12.60 (1) (a) of the statutes is amended to read:
12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) may be fined not more than $10,000 or imprisoned not more than 3 years in the Wisconsin state prisons or both.
12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.
49,27
Section
27. 12.60 (1) (b) of the statutes is amended to read:
12.60 (1) (b) Whoever violates s. 12.03, 12.05, 12.07, 12.08 or 12.13 (2) (b) 8.,(3) (b), (c), (d), (g), (i) or, (n) to (x), (zm) or (zn) may be fined not more than $1,000, or imprisoned not more than 6 months or both.
49,28
Section
28. 60.11 (7) of the statutes is amended to read:
60.11 (7) Poll list. An annual town meeting may require the clerk of the town meeting to keep a poll list with the name and address of every elector voting at the meeting. If an elector of the town obtains a confidential listing under s. 6.47 (2) and presents an identification card issued under s. 6.47 (3), the clerk shall record the identification serial number of the elector in lieu of the elector's address.
49,29
Section
29.
Effective dates. This act takes effect on the day after publication, except as follows:
(1) The treatment of section 12.60 (1) (a) (by Section 26) of the statutes takes effect on December 31, 1999.
