Amendment JR2 CA1-ASA1-AB1

LRBb3115/1

ALL:ALL:ALL

January 2002 Special Session

2001 - 2002 LEGISLATURE

CONFERENCE AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 1

July 3, 2002 - Offered by Conference on January 2002 Special Session Assembly Bill 1.

AB1-ASA1-CA1,1,1 At the locations indicated, amend the substitute amendment as follows:

AB1-ASA1-CA1,1,2 1. Page 1, line 4: delete that line and substitute:

AB1-ASA1-CA1,1,3 " Section 1g. 5.86 of the statutes is amended to read:

AB1-ASA1-CA1,2,4 5.86 Proceedings at central counting location locations. (1) All proceedings at the each central counting location shall be under the direction of the municipal clerk or an election official designated by the clerk unless the central counting location is at the county seat and the municipal clerk delegates the responsibility to supervise the location to the county clerk, in which case the proceedings shall be under the direction of the county clerk or an election official designated by the county clerk. Unless election officials are selected under s. 7.30 (4) (c) without regard to party affiliation, the employees at the each central counting location, other than any specially trained technicians who are required for the operation of the automatic tabulating equipment, shall be equally divided between members of the 2 major political parties under s. 7.30 (2) (a) and all duties performed by the employees shall be by teams consisting of an equal number of members of each political party whenever sufficient persons from each party are available.

AB1-ASA1-CA1,2,14 (2) At the each central counting location, a team of election officials designated by the clerk or other election official having charge of the location under sub. (1) shall check the container returned containing the ballots to determine that all seals are intact, and thereupon shall open the container, check the inspectors' slip and compare the number of ballots so delivered against the total number of electors of each ward served by the polling place who voted, remove the ballots or record of the votes cast and deliver them to the technicians operating the automatic tabulating equipment. Any discrepancies between the number of ballots and total number of electors shall be noted on a sheet furnished for that purpose and signed by the election officials.

AB1-ASA1-CA1, s. 1m Section 1m. 6.18 of the statutes is amended to read:".

AB1-ASA1-CA1,2,16 2. Page 3, line 12: after that line insert:

AB1-ASA1-CA1,2,17 " Section 1pc. 6.87 (2) (form) of the statutes is amended to read:

AB1-ASA1-CA1,2,18 6.87 (2) (form)

AB1-ASA1-CA1,2,19 [STATE OF ....

AB1-ASA1-CA1,2,20 County of ....]

AB1-ASA1-CA1,2,21 or

AB1-ASA1-CA1,2,22 [(name of foreign country and city or other jurisdictional unit)]

AB1-ASA1-CA1,3,12 I, ...., certify 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 am unable or unwilling to appear at the polling place in the (ward) (election district) on election day or 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 that I exhibited the enclosed ballot unmarked to the witness, that I then in (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.

AB1-ASA1-CA1,3,13 Signed ....

AB1-ASA1-CA1,3,14 Identification serial number, if any: ....

AB1-ASA1-CA1,3,15 The witness shall execute the following:

AB1-ASA1-CA1,3,20 I, the undersigned witness, 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. I am not a candidate for any office on the enclosed ballot (except in the case of an incumbent municipal clerk). I did not solicit or advise the elector to vote for or against any candidate or measure.

AB1-ASA1-CA1,3,21 ....(Name)

AB1-ASA1-CA1,3,22 ....(Address)**

AB1-ASA1-CA1,3,24 * — An elector who provides an identification serial number issued under s. 6.47 (3), Wis. Stats., need not provide a street address.

AB1-ASA1-CA1,4,2 ** — If this form is executed before 2 special voting deputies under s. 6.875 (6), Wis. Stats., both deputies shall witness and sign.

AB1-ASA1-CA1, s. 1pe Section 1pe. 6.875 (1) (at) of the statutes is amended to read:

AB1-ASA1-CA1,4,5 6.875 (1) (at) "Qualified retirement home" means a retirement home that qualifies under sub. (2) (b) (c) to utilize the procedures under this section.

AB1-ASA1-CA1, s. 1pg Section 1pg. 6.875 (2) (a) of the statutes is amended to read:

AB1-ASA1-CA1,4,9 6.875 (2) (a) The procedures prescribed in this section are the exclusive means of absentee voting for electors who are occupants of nursing homes or, qualified community-based residential facilities or qualified retirement homes.

AB1-ASA1-CA1, s. 1pj Section 1pj. 6.875 (6) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,6,2 6.875 (6) Special voting deputies in each municipality shall, not later than 5 p.m. on the Friday preceding an election, arrange one or more convenient times with the administrator of each nursing home or, qualified retirement home, and qualified community-based residential facility in the municipality from which one or more occupants have filed an application under s. 6.86 to conduct absentee voting for the election. The time may be no earlier than the 4th Monday preceding the election and no later than 5 p.m. on the Monday preceding the election. Upon request of a relative of an occupant of a nursing home or qualified retirement home or qualified community-based residential facility, the administrator may notify the relative of the time or times at which special voting deputies will conduct absentee voting at the home or facility, and permit the relative to be present in the room where the voting is conducted. At the designated time, 2 deputies appointed under sub. (4) shall visit the nursing home or qualified retirement home or qualified community-based residential facility. The municipal clerk or executive director of the board of election commissioners shall issue a supply of absentee ballots to the deputies sufficient to provide for the number of valid applications received by the clerk, and a reasonable additional number of ballots. The municipal clerk or executive director shall keep a careful record of all ballots issued to the deputies and shall require the deputies to return every ballot issued to them. The deputies shall personally offer each elector who has filed a proper application the opportunity to cast his or her absentee ballot. If an elector is present who has not filed a proper application, the 2 deputies may accept an application from the elector and shall issue a ballot to the elector if the elector is qualified and the application is proper. The deputies shall administer each witness the oath certification and may, upon request of the elector, assist the elector in marking the elector's ballot. Upon request of the elector, a relative of the elector who is present in the room may assist the elector in marking the elector's ballot. All voting shall be conducted in the presence of the deputies. No individual other than a deputy may administer witness the oath certification and no individual other than a deputy or relative of an elector may render voting assistance to the elector. Upon completion of the voting, the deputies shall promptly deliver, either personally or by 1st class mail, any absentee ballot applications and the sealed certificate envelope containing each ballot to the clerk or board of election commissioners of the municipality in which the elector casting the ballot resides, within such time as will permit delivery to the polling place serving the elector's residence on election day. Personal delivery may be made by the deputies no later than noon on election day. If a qualified elector is not able to cast his or her ballot on 2 separate visits by the deputies to the nursing home or qualified retirement home facility, they shall so inform the municipal clerk or executive director of the board of election commissioners, who may then send the ballot to the elector no later than 5 p.m. on the Friday preceding the election.

AB1-ASA1-CA1, s. 1pL Section 1pL. 6.88 (1) of the statutes is amended to read:

AB1-ASA1-CA1,6,13 6.88 (1) When an absentee ballot arrives at the office of the municipal clerk, the clerk shall enclose it, unopened, in a carrier envelope which shall be securely sealed and endorsed with the name and official title of the clerk, and the words "This envelope contains the ballot of an absent elector and must be opened at the polls during polling hours on election day". If the ballot was received by the elector by facsimile transmission or electronic mail and is accompanied by a separate certificate, the clerk shall enclose the ballot in a certificate envelope and securely append the completed certificate to the outside of the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep the ballot in the clerk's office until delivered, as required in sub. (2).

AB1-ASA1-CA1, s. 1pn Section 1pn. 6.92 of the statutes is renumbered 6.92 (1) and amended to read:

AB1-ASA1-CA1,6,22 6.92 (1) Each Except as provided in sub. (2), each inspector shall challenge for cause any person offering to vote whom the inspector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an inspector, one of the inspectors shall administer the following oath or affirmation to the person: "You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding your place of residence and qualifications as an elector of this election"; and shall then ask questions which are appropriate as determined by the board, by rule, to test the person's qualifications.

AB1-ASA1-CA1, s. 1po Section 1po. 6.92 (2) of the statutes is created to read:

AB1-ASA1-CA1,6,25 6.92 (2) An inspector appointed under s. 7.30 (2) (am) may not challenge any person offering to vote.

AB1-ASA1-CA1, s. 1pp Section 1pp. 7.03 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,7,14 7.03 (1) (a) A Except as authorized under this paragraph, a reasonable daily compensation shall be paid to each inspector, voting machine custodian, automatic tabulating equipment technician, member of a board of canvassers, messenger, and tabulator who is employed and performing duties under chs. 5 to 12. Daily compensation shall also be provided to officials and trainees for attendance at training sessions and examinations required by the board under s. 7.31. Alternatively, such election officials and trainees may be paid by the hour at a proportionate rate for each hour actually worked. Any election official or trainee may choose to volunteer his or her services by filing with the municipal clerk of the municipality in which he or she serves a written declination to accept compensation. The volunteer status of the election official or trainee remains effective until the official or trainee files a written revocation with the municipal clerk.

AB1-ASA1-CA1, s. 1pr Section 1pr. 7.03 (1) (b), (bm), (c) and (d) of the statutes are amended to read:

AB1-ASA1-CA1,7,21 7.03 (1) (b) Except as provided in par. (bm), payment any compensation owed shall be made paid by the municipality in which the election is held, except that any compensation payable to a technician, messenger, tabulator, or member of the board of canvassers who is employed to perform services for the county shall be paid by the county and compensation payable to any messenger or tabulator who is employed to perform services for the state shall be paid by the board.

AB1-ASA1-CA1,8,2 (bm) Whenever a special election is called by a county or by a school district, a technical college district, a sewerage district, a sanitary district , or a public inland lake protection and rehabilitation district, the county or district shall pay the compensation of all election officials performing duties in those municipalities, as determined under sub. (2).

AB1-ASA1-CA1,8,7 (c) If a central counting location serving more than one municipality is utilized under s. 7.51 (1), the cost of compensation of election officials at the location shall be proportionately divided between the municipalities utilizing the location, except that if all municipalities within a county utilize the location, the compensation shall be paid by the county.

AB1-ASA1-CA1,8,12 (d) Special Except as otherwise provided in par. (a), special registration deputies appointed under s. 6.55 (6), special voting deputies appointed under s. 6.875 (4) and officials and trainees who attend training sessions under s. 7.15 (1) (e) or 7.25 (5) may also be compensated by the municipality where they serve at the option of the municipality.

AB1-ASA1-CA1, s. 1pt Section 1pt. 7.08 (3) (intro.) and (4) of the statutes are amended to read:

AB1-ASA1-CA1,8,20 7.08 (3) Election manual. (intro.) Prepare and publish separate from the election laws an election manual written so as to be easily understood by the general public explaining the duties of the election officials, together with notes and references to the statutes as the board considers advisable. The manual shall be furnished by the board free to each county and municipal clerk or board of election commissioners and others in such manner as it deems most likely to promote the public welfare. The election manual shall:

AB1-ASA1-CA1,9,2 (4) Election laws. Publish the election laws. The board shall furnish the election laws free to each county and municipal clerk and board of election commissioners in sufficient supply to provide one copy for reference at each office and at each polling place. The board shall sell or distribute or arrange for the sale or distribution of copies of the election laws to county and municipal clerks and boards of election commissioners and members of the public.

AB1-ASA1-CA1, s. 1pv Section 1pv. 7.08 (5) of the statutes is created to read:

AB1-ASA1-CA1,9,7 7.08 (5) District maps. Distribute, upon request and free of charge, to any candidate for representative in Congress, state senator, or representative to the assembly a copy of the map or maps received under s. 16.96 (3) (b) showing district boundaries.

AB1-ASA1-CA1, s. 1px Section 1px. 7.30 (2) (a) of the statutes is amended to read:

AB1-ASA1-CA1,9,25 7.30 (2) (a) Only election officials appointed under this section may conduct an election. Except as authorized in s. 7.15 (1) (k), each inspector shall be a qualified elector in of the ward or wards, or the election district, for which the polling place is established. Special registration deputies appointed under s. 6.55 (6) and election officials serving more than one ward or when necessary who are appointed to fill a vacancy under par. (b) need not be a resident of that the ward or wards, or the election district, but shall be a resident of the municipality. Special registration deputies may be appointed to serve more than one polling place. All officials shall be able to read and write the English language, be capable, be of good understanding, and may not be a candidate for any office to be voted for at an election at which they serve. In 1st class cities, they may hold no public office other than notary public. Except as authorized under sub. (4) (c), all inspectors shall be affiliated with one of the 2 recognized political parties which received the largest number of votes for president, or governor in nonpresidential general election years, in the ward or combination of wards served by the polling place at the last election. The party which received the largest number of votes is entitled to one more inspector than the party receiving the next largest number of votes at each polling place. The same election officials may serve the electors of more than one ward where wards are combined under s. 5.15 (6) (b). If a municipality is not divided into wards, the ward requirements in this paragraph apply to the municipality at large.

AB1-ASA1-CA1, s. 1rc Section 1rc. 7.30 (2) (am) of the statutes is created to read:

AB1-ASA1-CA1,10,19 7.30 (2) (am) Except as otherwise provided in this paragraph, a pupil who is 16 or 17 years of age, who is enrolled in grades 9 to 12 in a public or private school, and who has at least a 3.0 grade point average or the equivalent may serve as an inspector at the polling place serving the pupil's residence, with the approval of the pupil's parent or guardian and of the principal of the school in which the pupil is enrolled. A pupil may serve as an inspector at a polling place under this paragraph only if at least one election official at the polling place other than the chief inspector is a qualified elector of this state. No pupil may serve as chief inspector at a polling place under this paragraph. Before appointment by any municipality of a pupil as an inspector under this paragraph, the municipal clerk shall obtain written authorization from the pupil's parent or guardian and from the principal of the school where the pupil is enrolled for the pupil to serve for the entire term for which he or she is appointed. Upon appointment of a pupil to serve as an inspector, the municipal clerk shall notify the principal of the school where the pupil is enrolled of the date of expiration of the pupil's term of office.

AB1-ASA1-CA1, s. 1re Section 1re. 7.30 (4) (b) 1. of the statutes is amended to read:

AB1-ASA1-CA1,11,8 7.30 (4) (b) 1. In cities where there is a board of election commissioners, the aldermanic district committeemen or committeewomen under s. 8.17 of each of the 2 dominant recognized political parties shall submit a certified list no later than November 30 of each even-numbered year containing the names of at least as many electors nominees as there are inspectors from that party for each of the voting wards in the aldermanic district. The chairperson may designate any individual whose name is submitted as a first choice nominee. The board of election commissioners shall appoint, no later than December 31 of even-numbered years, at least 5 inspectors for each ward. The board of election commissioners shall appoint all first choice nominees for so long as positions are available, unless nonappointment is authorized under par. (e), and shall appoint other individuals in its discretion. The board of election commissioners may designate such alternates as it deems advisable.

AB1-ASA1-CA1, s. 1rg Section 1rg. 7.30 (6) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,11,22 7.30 (6) (b) Prior to the first election following the appointment of the inspectors, the inspectors at each polling place municipal clerk shall elect appoint one of their number the inspectors at each polling place to act serve as chief inspector. No person may serve as chief inspector at any election who is not certified by the board under s. 7.31 at the time of the election. The chief inspector shall hold the position for the remainder of the term unless the inspector is removed by the clerk or the inspector ceases to be certified under s. 7.31, except that whenever wards are combined or separated under s. 5.15 (6) (b), the inspectors municipal clerk shall elect a new chief appoint another inspector who is certified under s. 7.31 to serve as chief inspector at each polling place designated under s. 5.15 (6) (b). If a vacancy occurs in the position of chief inspector at any polling place, the municipal clerk shall appoint one of the other inspectors who is certified under s. 7.31 to fill the vacancy.

AB1-ASA1-CA1, s. 1rj Section 1rj. 7.33 (2) of the statutes is amended to read:

AB1-ASA1-CA1,12,3 7.33 (2) Service as an election official under this chapter shall be mandatory upon all qualified electors individuals appointed, during the full 2-year term, after which they shall be exempt from further service as an election official, under this chapter, until 3 terms of 2 years each have elapsed. Municipal clerks may grant exemptions from service at any time.

AB1-ASA1-CA1, s. 1rL Section 1rL. 7.41 (4) of the statutes, as affected by 2001 Wisconsin Act 39, is amended to read:

AB1-ASA1-CA1,12,13 7.41 (4) No individual exercising the right under sub. (1) may view the confidential portion of a registration list maintained under s. 6.36 (4) or a poll list maintained under s. 6.79 (6). However, the inspectors shall disclose to such an individual, 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 such individual may view the certificate-affidavit form certificate of an absent elector who obtains a confidential listing under s. 6.47 (2).

AB1-ASA1-CA1, s. 1rn Section 1rn. 7.51 (1) of the statutes is amended to read:

AB1-ASA1-CA1,13,2 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 a 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).

AB1-ASA1-CA1, s. 1rp Section 1rp. 7.60 (2) of the statutes is amended to read:

AB1-ASA1-CA1,14,2 7.60 (2) County board of canvassers. The county clerk and 2 qualified electors of the county appointed by the clerk constitute the county board of canvassers. The members of the board of canvassers shall serve for 2-year terms commencing on January 1 of each odd-numbered year, except that any member who is appointed to fill a permanent vacancy shall serve for the unexpired term of the original appointee. One member of the board of canvassers shall belong to a political party other than the clerk's. If The county clerk shall designate a deputy clerk who shall perform the clerk's duties as a member of the board of canvassers in the event that the county clerk's office is vacant, if the clerk cannot perform his or her duties, or if the clerk is a candidate at an election being canvassed, the county clerk shall designate a deputy clerk to perform the clerk's duties. If the county clerk and designated deputy clerk are both unable to perform their duties, the county executive or, if there is no county executive, the chairperson of the county board of supervisors shall designate another qualified elector of the county to perform the clerk's duties. If a member other than the clerk cannot perform his or her duties, the clerk shall appoint another member to serve. No person may serve on the county board of canvassers if the person is a candidate for an office to be canvassed by that board. If lists of candidates for the county board of canvassers are submitted to the county clerk by political party county committees, the lists shall consist of at least 3 names and the clerk shall choose the board members from the lists. Where there is a county board of election commissioners, it shall serve as the board of canvassers. If the county board of election commissioners serves as the board of canvassers, the executive director of the county board of election commissioners shall serve as a member of the board of canvassers to fill a temporary vacancy on that board.

AB1-ASA1-CA1, s. 1rr Section 1rr. 8.15 (4) (a) of the statutes is amended to read:

AB1-ASA1-CA1,14,16 8.15 (4) (a) The certification of a qualified elector stating his or her residence with street and number, if any, shall appear at the bottom of each nomination paper, stating he or she personally circulated the nomination paper and personally obtained each of the signatures; he or she knows they are electors of the ward, aldermanic district, municipality or county, as the nomination papers require; he or she knows they signed the paper with full knowledge of its content; he or she knows their respective residences given; he or she knows each signer signed on the date stated opposite his or her name; and, that he or she, the circulator, resides within the district which the candidate named therein will represent, if elected; that he or she intends to support the candidate; and that he or she is aware that falsifying the certification is punishable under s. 12.13 (3) (a), Wis. stats. The circulator shall indicate the date that he or she makes the certification next to his or her signature. The certification may be made by the candidate or any qualified elector.

AB1-ASA1-CA1, s. 1rt Section 1rt. 8.15 (9) of the statutes is repealed.

AB1-ASA1-CA1, s. 1rv Section 1rv. 8.20 (10) of the statutes is repealed.

AB1-ASA1-CA1, s. 1rx Section 1rx. 8.21 of the statutes is amended to read:

AB1-ASA1-CA1,15,23 8.21 Declaration of candidacy. Each candidate, except a candidate for presidential elector under s. 8.20 (2) (d), shall file a declaration of candidacy, no later than the latest time provided for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), or the time provided under s. 8.16 (2) or 8.35 (2) (c). A candidate shall file the declaration with the officer or agency with which nomination papers are filed for the office which the candidate seeks, or if nomination papers are not required, with the clerk or board of election commissioners of the jurisdiction in which the candidate seeks office. The declaration shall be sworn to before any officer authorized to administer oaths. The declaration shall contain the name of the candidate in the form specified under s. 8.10 (2) (b) for candidates for nonpartisan office or s. 8.15 (5) (a) or 8.20 (2) (a) for candidates for partisan office, and shall state that the signer is a candidate for a named office, that he or she meets or will at the time he or she assumes office meet applicable age, citizenship, residency or voting qualification requirements, if any, prescribed by the constitutions and laws of the United States and of this state, and that he or she will otherwise qualify for office if nominated and elected. The declaration shall include the candidate's name in the form in which it will appear on the ballot. Each candidate for state and local office shall include in the declaration a statement that he or she has not been convicted of any infamous crime misdemeanor designated under state or federal law as a violation of the public trust or any felony for which he or she has not been pardoned and a list of all felony convictions for which he or she has not been pardoned. In addition, each candidate for state or local office shall include in the declaration a statement that discloses his or her municipality of residence for voting purposes, and the street and number, if any, on which the candidate resides. The declaration is valid with or without the seal of the officer who administers the oath. A candidate for state or local office shall file an amended declaration under oath with the same officer or agency if any information contained in the declaration changes at any time after the original declaration is filed and before the candidate assumes office or is defeated for election or nomination.