2003 Wisconsin Act 265

7.51 (3) (a) The inspectors shall place together all ballots counted by them which relate to any national, state or county office or any state, county or technical college district referendum and secure them together so that they cannot be untied or tampered with without breaking the seal. The secured ballots together with any ballots marked "Defective" shall then be secured by the inspectors in the ballot container in such a manner that the container cannot be opened without breaking the seals or locks, or destroying the container. The inspectors shall place the ballots cast under s. 6.97 in a separate, securely sealed carrier envelope which is clearly marked "Section 6.97 ballots". The chief inspector and 2 other inspectors shall sign the carrier envelope. The carrier envelope shall not be placed in the ballot container. The inspectors shall then deliver the ballots to the municipal clerk in the ballot container and carrier envelope.

265,133 Section 133. 7.51 (4) (a) of the statutes is amended to read:

7.51 (4) (a) The tally sheets shall state the total number of votes cast for each office and for each individual receiving votes for that office, whether or not the individual's name appears on the ballot, and shall state the vote for and against each proposition voted on. Upon completion of the tally sheets, the inspectors shall immediately complete inspectors' statements in duplicate. The inspectors shall state the excess, if any, by which the number of ballots exceeds the number of electors voting as shown by the poll or registration list, if any, and shall state the number of the last elector as shown by the registration or poll lists. At least 3 inspectors, including the chief inspector and, unless election officials are appointed under s. 7.30 (4) (c) without regard to party affiliation, at least one inspector representing each political party, shall then certify to the correctness of the statements and tally sheets and sign their names. All other election officials assisting with the tally shall also certify to the correctness of the tally sheets. When the tally is complete, the inspectors shall publicly announce the results from the statements.

265,134 Section 134. 7.51 (5) (a) of the statutes is amended to read:

7.51 (5) (a) The inspectors shall make full and accurate return of the votes cast for each candidate and proposition on tally sheet forms provided by the municipal clerk for that purpose. Each tally sheet shall record the returns for each office or referendum by ward, unless combined returns are authorized in accordance with s. 5.15 (6) (b) in which case the tally sheet shall record the returns for each group of combined wards. After recording the votes, the inspectors shall seal in a carrier envelope outside the ballot bag or container one inspectors' statement under sub. (4) (a), one tally sheet, and one poll or registration list for delivery to the county clerk, unless the election relates only to municipal or school district offices or referenda. The inspectors shall also similarly seal one inspectors' statement, one tally sheet, and one poll or registration list for delivery to the municipal clerk. For school district elections, except in 1st class cities, the inspectors shall similarly seal one inspectors' statement, one tally sheet, and one poll or registration list for delivery to the school district clerk. The inspectors shall immediately deliver all ballots, statements, tally sheets, lists, and envelopes to the municipal clerk.

265,135 Section 135. 8.17 (1) (a) of the statutes is amended to read:

8.17 (1) (a) Political parties qualifying for a separate ballot under s. 5.62 (1) (b) or (2) shall elect their party committeemen and committeewomen as provided under sub. (5) (b). The function of committeemen and committeewomen is to represent their neighborhoods in the structure of a political party. Committeemen and committeewomen shall act as liaison representatives between their parties and the residents of the election districts in which they serve. Activities of committeemen and committeewomen shall include, but not be limited to, voter identification identifying voters; assistance in voter registration drives; increasing voter participation in political parties; polling and other methods of passing information from residents to political parties and elected public officials; and dissemination of information from public officials to residents. For assistance in those and other activities of interest to a political party, each committeeman and committeewoman may appoint a captain to engage in these activities in each ward, if the election district served by the committeeman or committeewoman includes more than one ward. In an election district which includes more than one ward, the committeeman or committeewoman shall coordinate the activities of the ward captains in promoting the interests of his or her party.

265,136 Section 136. 9.01 (1) (b) 1. of the statutes is amended to read:

9.01 (1) (b) 1. The board of canvassers shall first compare the registration or poll lists and determine the number of voting electors.

265,137 Section 137. 10.02 (3) (a) of the statutes is amended to read:

10.02 (3) (a) Upon entering the polling place and before being permitted to vote, an elector shall give state his or her name and address before being permitted to vote and provide identification if required by federal law. Where ballots are distributed to electors, the initials of 2 inspectors must appear on the ballot. Upon being permitted to vote, the elector shall retire alone to a voting booth or machine and cast his or her ballot, except that an elector who is a parent or guardian may be accompanied by the elector's minor child or minor ward. An election official may inform the elector of the proper manner for casting a vote, but the official may not in any manner advise or indicate a particular voting choice.

265,138 Section 138. 11.30 (title) of the statutes is amended to read:

11.30 (title) Identification Attribution of political contributions, disbursements and communications.

265,139 Section 139. 12.13 (3) (u) of the statutes is amended to read:

12.13 (3) (u) Present Provide false identification documentation of identity for the purpose of inducing an election official to permit the person or another person to vote.

265,140 Section 140. 15.617 of the statutes is created to read:

15.617 Same; council. (1) Election administration council. There is created in the elections board an election administration council consisting of members appointed by the executive director of the elections board, including the clerk or executive director of the board of election commissioners of the 2 counties or municipalities in this state having the largest population, one or more election officials of other counties or municipalities, representatives of organizations that advocate for the interests of individuals with disabilities and organizations that advocate for the interests of the voting public, and other electors of this state.

265,141 Section 141. 19.69 (4) of the statutes is created to read:

19.69 (4) Nonapplicability. This section does not apply to any matching program established between the secretary of transportation and the commissioner of the federal social security administration pursuant to an agreement specified under s. 85.61 (2).

265,144 Section 144. 59.05 (2) of the statutes is amended to read:

59.05 (2) If a petition conforming to the requirements of s. 8.40 is filed with the board by at least two-fifths of the legal voters of any county, to be determined by the registration or poll lists of list for the last previous general election held in the county at the time of filing, the names of which voters shall appear on some one of the registration or poll lists of list for such election, present to the board a petition conforming to the requirements of s. 8.40 asking for a change of the county seat to some other place designated in the petition, the board shall submit the question of removal of the county seat to a vote of the qualified voters of the county. The board shall file the question as provided in s. 8.37. The election shall be held only on the day of the general election, notice of the election shall be given and the election shall be conducted as in the case of the election of officers on that day, and the votes shall be canvassed, certified and returned in the same manner as other votes at that election. The question to be submitted shall be "Shall the county seat of .... county be removed to ....?".

265,145 Section 145. 85.61 of the statutes is created to read:

85.61 Compliance with federal Help America Vote Act. (1) The secretary of transportation and the executive director of the elections board shall enter into an agreement to match personally identifiable information on the official registration list maintained by the elections board under s. 6.36 (1) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the executive director of the elections board to verify the accuracy of the information provided for the purpose of voter registration.

(2) The secretary of transportation shall enter into an agreement with the commissioner of the federal social security administration for the purpose of verifying whether the name, date of birth, and social security number of an individual in the operating record file database under ch. 343 or vehicle registration records under ch. 341 match the information contained in the records of the social security administration. The agreement shall include safeguards to ensure the maintenance of the confidentiality of any personally identifiable information disclosed and procedures to permit the secretary of transportation to use any applicable personally identifiable information disclosed for purposes related to maintenance of departmental records.

265,146 Section 146. 117.20 (2) of the statutes is amended to read:

117.20 (2) The clerk of each affected school district shall publish notice, as required under s. 8.55, in the territory of that school district. The procedures for school board elections under s. 120.06 (5), (9), (11), (13) and (14) apply to a referendum held under this section. The school board and school district clerk of each affected school district shall each perform, for that school district, the functions assigned to the school board and the school district clerk, respectively, under those subsections. The form of the ballot shall correspond to the form prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The clerk of each affected school district shall file with the secretary of the board a certified statement prepared by the school district board of canvassers of the results of the referendum in that school district.

265,147 Section 147. 120.06 (5) of the statutes is repealed.

265,148 Section 148. 125.05 (2) (h) of the statutes is amended to read:

125.05 (2) (h) Number of electors. The number of electors in a residence district shall equal not less than the number of names with residences in the district which appear on a the registration list , as defined in s. 5.02 (17). If there is no registration list, the number of electors shall equal the number of names with residences in the district which appear on a poll list as defined in s. 5.02 (14) compiled at the last gubernatorial or presidential election, whichever is most recent, for the residence district on the date that the remonstrance, consent, or counter petition is filed. A person whose name does not appear on a registration list or poll list may not sign a protest petition, consent or counter petition.

265,149 Section 149. Nonstatutory provisions.

(1) The legislative audit bureau is directed to perform a program evaluation audit relating to compliance by the state and local governments with election laws and the appropriateness of procedures used to implement those laws. In its audit, the bureau shall address compliance by the state and local governments with the requirements of this act, specifically including the polling place accessibility requirements under section 5.25 (4) (a) of the statutes, as affected by this act. The bureau shall also address the treatment of any complaints of electors concerning alleged violations of the law, specifically including complaints relating to denial of the right to vote and denial of the right to corroborate registration information on behalf of electors; any attempts to require electors to provide identification that is not authorized by law; any incidence of an inadequate availability of ballots for all electors who wish to vote; any allegations of elector fraud and the treatment of those allegations; and the appropriateness and legality of procedures used to identify ineligible electors whose names may appear on the registration list. The bureau shall file a report of its findings as described under section 13.94 (1) (b) of the statutes within an appropriate time period following the effective date of this subsection that is determined by the bureau upon consultation with the elections board.

265,150 Section 150 . Initial applicability.

(1) The treatment of sections 5.02 (17), 5.05 (15), 6.20, 6.24 (3), (4) (a) and (c), and (8), 6.26 (1) and (2) (am), (b), and (c), 6.27, 6.275 (1) (b) to (d), 6.28 (2) (b) and (3), 6.29 (2) (a) and (b), 6.32 (4), 6.33 (1) and (2) (a) (by Section 49b), (3), (4), and (5), 6.36 (1), (2) (a) (by Section 58b), and (3), 6.40 (1) (b) and (2) (b), 6.47 (6), 6.48 (1) (d) and (2) (b), 6.50 (1), (2), (2m), (3) to (6), (7), (9), and (10), 6.55 (2) (a) 1. (intro.) and 2., (b), and (c) 1. and 2., (3), and (7) (c) 2., 6.56 (3) and (4), 6.57, 6.79 (intro.), (1), (4), (5), and (6) (a) and (b), 6.86 (3) (a) 1. and 2., 6.87 (4) (by Section 112a), 6.94, 6.95, 7.08 (1) (c), 7.10 (1) (b), 7.15 (1) (c) and (4), 7.23 (1) (c), 7.37 (7), 7.51 (2) (a), (c), and (e), (4) (a), and (5) (a), 9.01 (1) (b) 1., 59.05 (2), 117.20 (2), 120.06 (5), and 125.05 (2) (h) of the statutes, the renumbering and amendment of section 6.40 (1) (a) of the statutes, the amendment of section 6.36 (2) (c) 2. of the statutes, the repeal and recreation of section 6.79 (2) of the statutes, and the creation of section 6.40 (1) (a) 2. and 3. of the statutes first apply with respect to the 2006 spring primary election.

265,151 Section 151. Effective dates. This act takes effect on the day after publication, except as follows:

(1) The treatment of sections 5.02 (24w), 5.05 (12), 5.25 (4) (a) and (c), 5.91 (15) to (18), 6.869, 7.08 (6), 7.10 (7) and 7.15 (9) of the statutes, the renumbering of section 5.87 of the statutes, and the creation of section 5.87 (2) of the statutes take effect on January 1, 2006.

(2) The treatment of sections 5.02 (6m), 5.05 (13), 5.35 (6) (a) 2m., 4., 4a., and 4b., 6.33 (1), 6.36 (2) (a) (by Section 58a), 6.36 (2) (c) 1., 6.82 (1) (a), 6.86 (3) (c), 6.87 (3) (d), and (4) (by Section 112), 6.88 (3) (a), 6.96, 6.97, 7.08 (8), 7.10 (8), 7.15 (10) and (12), 7.51 (3) (a), and 10.02 (3) (a) of the statutes, the renumbering of section 6.79 (2) of the statutes, and the creation of sections 6.36 (2) (c) 2. and 6.79 (2) (b) of the statutes take effect on January 1, 2004, or on the day after publication, whichever is later.

(3) The treatment of sections 6.33 (1) and (2) (a) (by Section 49b), 6.36 (2) (a) (by Section 58b), and 6.87 (4) (by Section 112a) of the statutes, the amendment of section 6.36 (2) (c) 2. of the statutes, and the repeal and recreation of section 6.79 (2) of the statutes take effect on January 1, 2006.