Amendment AA1-SB110

SB110-AA1, s. 8yq Section 8yq. 6.15 (3) (a) 1. and (b) of the statutes are amended to read:

SB110-AA1,9,25 6.15 (3) (a) 1. Upon proper completion of the application and cancellation card, the municipal clerk shall inform the elector that he or she may vote for the presidential electors not sooner than 9 days nor later than 5 p.m. on the day before the election at the office of the municipal clerk, or at a specified polling place on election day. When voting at the municipal clerk's office, the applicant shall provide identification and shall mark or punch the ballot in the clerk's presence in a manner that will not disclose his or her vote. Unless the ballot is utilized with an electronic voting system, the applicant shall fold the ballot so as to conceal his or her vote. The applicant shall then deposit the ballot and seal it in an envelope furnished by the clerk.

SB110-AA1,10,12 (b) Election day. An eligible elector may appear at the polling place for the ward or election district where he or she resides and make application for a ballot under sub. (2). In such case, the inspector or special registration deputy shall perform the duties of the municipal clerk. The elector shall provide identification. If the elector is qualified, he or she shall be permitted to vote. The elector shall mark or punch the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and shall deposit the ballot into the ballot box or give it to the inspector. The inspector shall deposit it directly into the ballot box. Voting machines or ballots utilized with electronic voting systems may only be used by electors voting under this section if they permit voting for president and vice president only.

SB110-AA1, s. 8yr Section 8yr. 6.22 (4) and (5) of the statutes are amended to read:

SB110-AA1,11,3 6.22 (4) Instructions and handling. An individual who qualifies as a military elector may request an absentee ballot for any election, or for all elections until the individual otherwise requests or until the individual no longer qualifies as a military elector. A military elector's application may be received at any time. The municipal clerk shall not send a ballot for an election if the application is received later than 5 p.m. on the Friday preceding that election. The municipal clerk shall send a ballot, as soon as available, to each military elector who requests a ballot. The board shall prescribe the instructions for marking or punching and returning ballots and the municipal clerk shall enclose instructions with each ballot and shall also enclose supplemental instructions for local elections. The envelope, return envelope and instructions may not contain the name of any candidate appearing on the enclosed ballots other than that of the municipal clerk affixed in the fulfillment of his or her duties. Whenever the material is mailed, the material shall be prepared and mailed to make use of the federal free postage laws. The mailing list established under this subsection shall be kept current in the same manner as provided in s. 6.86 (2) (b).

SB110-AA1,11,9 (5) Voting procedure. Except as authorized in s. 6.25, the ballot shall be marked or punched and returned, deposited and recorded in the same manner as other absentee ballots. In addition, the certification under s. 6.87 (2) shall have a statement of the elector's birth date. Failure to return any unused ballots in a primary election does not invalidate the ballot on which the elector casts his or her votes.

SB110-AA1, s. 8ys Section 8ys. 6.24 (6) and (7) of the statutes are amended to read:

SB110-AA1,11,19 6.24 (6) Instructions and handling. The municipal clerk shall send a ballot, as soon as available, to each overseas elector by whom a request has been made. The board shall prescribe the instructions for marking or punching and returning ballots and the municipal clerk shall enclose such instructions with each ballot. The envelope, return envelope and instructions may not contain the name of any candidate appearing on the enclosed ballots other than that of the municipal clerk affixed in the fulfillment of his or her duties. Except as authorized in s. 6.87 (3), the municipal clerk shall mail the material postage prepaid to any place in the world. The overseas elector shall provide return postage.

SB110-AA1,11,24 (7) Voting procedure. Except as authorized under s. 6.25, the ballot shall be marked or punched and returned, deposited and recorded in the same manner as other absentee ballots. In addition, the certificate shall have a statement of the elector's birth date. Failure to return the unused ballots in a primary election does not invalidate the ballot on which the elector casts his or her votes.".

SB110-AA1,12,1 8. Page 15, line 17: after that line insert:

SB110-AA1,12,3 " Section 25m. 6.82 (1) (a) and (2) (a) and (b) of the statutes are amended to read:

SB110-AA1,12,20 6.82 (1) (a) When any inspectors are informed that an elector is at the entrance to the polling place who as a result of disability is unable to enter the polling place, they shall permit the elector to be assisted in marking or punching a ballot by any individual selected by the elector, except the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector. The inspectors shall issue a ballot to the individual selected by the elector and shall accompany the individual to the polling place entrance where the assistance is to be given. If the ballot is a paper ballot, the assisting individual shall fold the ballot after the ballot is marked or punched by the assisting individual. The assisting individual shall then immediately take the ballot into the polling place and give the ballot to an inspector. The inspector shall distinctly announce that he or she has "a ballot offered by .... (stating person's name), an elector who, as a result of disability, is unable to enter the polling place without assistance". The inspector shall then ask, "Does anyone object to the reception of this ballot?" If no objection is made, the inspectors shall record the elector's name under s. 6.79 and deposit the ballot in the ballot box, and shall make a notation on the registration or poll list: "Ballot received at poll entrance".

SB110-AA1,13,7 (2) (a) If an elector declares to the presiding election official that he or she cannot read or write, or has difficulty in reading, writing or understanding English or that due to disability is unable to mark or punch a ballot or depress a button or lever on a voting machine, the elector shall be informed by the officials that he or she may have assistance. When assistance is requested, the elector may select any individual to assist in casting his or her vote. The selected individual rendering assistance may not be the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector. The selected individual shall certify on the back of the ballot that it was marked or punched with his or her assistance. Where voting machines are used, certification shall be made on the registration list.

SB110-AA1,13,12 (b) The individual chosen shall enter the voting booth or machine with the elector and shall read the names of all candidates on the ballot for each office, and ask, "For which one do you vote?". The ballot shall be marked or punched or the lever or button depressed according to the elector's expressed preference. The individual selected to assist may not disclose to anyone how the elector voted.".

SB110-AA1,13,13 9. Page 16, line 7: after that line insert:

SB110-AA1,13,14 " Section 28m. 6.87 (3) (d) of the statutes is amended to read:

SB110-AA1,14,10 6.87 (3) (d) Unless a municipality uses an electronic voting system that requires an elector to punch a ballot in order to record the elector's votes, a A municipal clerk of a municipality may, if the clerk is reliably informed by an absent elector of a facsimile transmission number or electronic mail address where the elector can receive an absentee ballot, transmit a facsimile or electronic copy of the absent elector's ballot to that elector in lieu of mailing under this subsection if, in the judgment of the clerk, the time required to send the ballot through the mail may not be sufficient to enable return of the ballot by the time provided under sub. (6). An elector may receive an absentee ballot under this subsection only if the elector has filed a valid application for the ballot under sub. (1). If the clerk transmits an absentee ballot under this paragraph, the clerk shall also transmit a facsimile or electronic copy of the text of the material that appears on the certificate envelope prescribed in sub. (2), together with instructions prescribed by the board. The instructions shall require the absent elector to make and subscribe to the certification as required under sub. (4) and to enclose the absentee ballot in a separate envelope contained within a larger envelope, that shall include the completed certificate. The elector shall then mail the absentee ballot with postage prepaid to the municipal clerk. An absentee ballot received under this paragraph shall not be counted unless it is cast in the manner prescribed in this paragraph and in accordance with the instructions provided by the board.

SB110-AA1, s. 28r Section 28r. 6.87 (4) and (5) of the statutes are amended to read:

SB110-AA1,15,3 6.87 (4) Except as otherwise provided in s. 6.875, the elector voting absentee shall make and subscribe to the certification before one witness. The absent elector, in the presence of the witness, shall mark or punch the ballot in a manner that will not disclose how the elector's vote is cast. The elector shall then, still in the presence of the witness, fold the ballots if they are paper ballots so each is separate and so that the elector conceals the markings thereon and deposit them in the proper envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot if it is a paper ballot so that the elector conceals the markings thereon and deposit the ballot in the proper envelope. The elector may receive assistance under sub. (5). The return envelope shall then be sealed. The witness may not be a candidate. The envelope shall be mailed by the elector, postage prepaid, or delivered in person, to the municipal clerk issuing the ballot or ballots. Failure to return an unused ballot in a primary does not invalidate the ballot on which the elector's votes are cast. Return of more than one marked or punched ballot in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an electronic voting system in a primary which is marked or punched for candidates of more than one party invalidates all votes cast by the elector for candidates in the primary.

SB110-AA1,15,10 (5) If the absent elector declares that he or she is unable to read, has difficulty in reading, writing or understanding English or due to disability is unable to mark or punch his or her ballot, the elector may select any individual, except the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector, to assist in marking or punching the ballot, and the assistant shall then sign his or her name to a certification on the back of the ballot, as provided under s. 5.55.".

SB110-AA1,15,11 10. Page 19, line 21: after that line insert:

SB110-AA1,15,12 " Section 29m. 6.875 (6) of the statutes is amended to read:

SB110-AA1,17,2 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 the oath and may, upon request of the elector, assist the elector in marking or punching 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 or punching the elector's ballot. All voting shall be conducted in the presence of the deputies. No individual other than a deputy may administer the oath 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, 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.".

SB110-AA1,17,3 11. Page 20, line 23: after that line insert:

SB110-AA1,17,4 " Section 32m. 7.08 (7) of the statutes is created to read:

SB110-AA1,17,11 7.08 (7) Voting system transitional assistance. From the appropriation under s. 20.510 (1) (c), provide financial assistance to municipalities that used punch card electronic voting systems at the 2001 spring election and to counties in which municipalities that used punch card electronic voting systems at the 2001 spring election are wholly or partly contained, to enable the municipalities to employ another type of electronic voting system, and provide training for election officials in the use of replacement systems.

SB110-AA1, s. 32n Section 32n. 7.08 (7) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.".

SB110-AA1,17,14 12. Page 21, line 10: after that line insert:

SB110-AA1,17,15 " Section 33m. 7.15 (3) (b) of the statutes is amended to read:

SB110-AA1,17,19 7.15 (3) (b) Sample ballots, and voting machine ballots and ballot labels for electronic voting systems, whenever the labels are affixed to the voting devices, shall be furnished to the officials in the ward or election district at least one day before each election.".

SB110-AA1,17,20 13. Page 24, line 24: after that line insert:

SB110-AA1,17,21 " Section 41m. 7.37 (4) of the statutes is amended to read:

SB110-AA1,18,7 7.37 (4) Balloting procedure. At polling places which utilize paper ballots or electronic voting systems in which ballots are distributed to electors, 2 inspectors shall be assigned to take charge of the official ballots. They shall write their initials on the back of each ballot and deliver to each elector as he or she enters the voting booth one ballot properly endorsed by each of them. Where paper ballots are used, the inspectors shall fold each ballot in the proper manner to be deposited before delivering it to the elector. If asked, inspectors may instruct any elector as to the proper manner of marking or punching the ballot, but they may not give advice, suggestions, express any preferences or make any requests as to the person for whom, the question on which or the ballot on which the elector shall vote.

SB110-AA1, s. 41r Section 41r. 7.37 (8) of the statutes is amended to read:

SB110-AA1,18,13 7.37 (8) Electronic voting systems. Prior to the opening of the polling place, wherever electronic voting systems employing voting devices are used, the inspectors shall place the voting devices in position for voting and examine them to see that they are in proper working order and that they have the correct ballot labels by comparing them with the sample ballots.".

SB110-AA1,18,14 14. Page 25, line 23: after that line insert:

SB110-AA1,18,16 " Section 46m. 7.50 (1) (d) and (2) (a), (b) and (d) of the statutes are amended to read:

SB110-AA1,19,3 7.50 (1) (d) Whenever an electronic voting system is used at a polling place in a partisan primary, and the same ballot is utilized to cast votes for candidates of more than one recognized political party or candidates of a party and independent candidates, if an elector designates a preference for a party or for independent candidates, only votes cast within that preference category may be counted. If an elector does not designate a preference and makes a mark or punch or affixes a sticker opposite candidates of more than one recognized political party or opposite a candidate in the independent candidates' column and a candidate of a recognized political party, no votes cast by the elector for any candidate for partisan office are valid. Votes for other candidates and votes on ballot questions, if any, shall be counted if otherwise valid.

SB110-AA1,19,14 (2) (a) At a general election, if the elector places a mark, symbol or sticker or punches a hole under a party designation at the head of a column in or near the space indicated for that purpose, it is a vote for all the candidates whose names appear in the marked or punched column except as otherwise provided in this paragraph. If a name is stricken, it is not a vote for that candidate. If a name is written in, it is a vote for the write-in candidate. If a sticker is attached it is a vote for the candidate whose name appears on the sticker. If in some other column there is a mark or punch in the square to the right of a specific candidate's name or at the place designated on the ballot for marking or punching a vote for a specific candidate for the same office, it is a vote for that specific candidate and no vote may be counted for the candidate for the same office in the column marked or punched for a straight party vote.

SB110-AA1,19,17 (b) A ballot cast without any marks, or stickers or punches may not be counted. A ballot without a mark or punch at the top of a party column may be counted only for persons for whom marks or punches are applicable.

SB110-AA1,20,4 (d) If an elector writes a person's name in the proper space for write-in candidates for an office, it is a vote for the person written in for the office indicated, regardless of whether the elector strikes the names appearing in the same column for the same office, or places a mark or punch by the same or any other name for the same office, or omits placing a mark or punch to the right of the name written in. If an elector is permitted to vote for more than one candidate for the same office in an election and casts one or more write-in votes which, when added to the votes cast for candidates whose names appear on the ballot, exceed the number of votes authorized to be cast for the office, the write-in votes shall be counted and the votes for candidates whose names appear on the ballot may not be counted, unless there are more write-in votes than votes authorized to be cast, in which case no votes may be counted for the office.

SB110-AA1, s. 46p Section 46p. 10.01 (2) (b) of the statutes is amended to read:

SB110-AA1,20,14 10.01 (2) (b) Type B—The type B notice shall include the relevant facsimile ballots and the relevant portions of voting instructions to electors under s. 10.02 for each office or referendum and shall specify the date of the election. In counties or municipalities where an electronic voting system employing a ballot label and ballot card in which ballots are distributed to electors is used, the notice shall include the information specified in s. 5.94. The type B notice shall be published once by the county clerks, and for primaries and other elections in municipalities or special purpose districts, once by the clerk of the municipality or special purpose district on the day preceding each primary and other election.

SB110-AA1, s. 46q Section 46q. 10.06 (3) (e) of the statutes is amended to read:

SB110-AA1,20,21 10.06 (3) (e) When electronic or mechanical voting machines or electronic voting systems employing a ballot card or label in which ballots are distributed to electors are used in a municipality at a municipal election, the municipal clerk shall publish a type B notice on the Monday before the election. The notice shall include all offices and questions to be voted on at the election. The cost of this notice shall be shared under s. 5.68 (2) and (3).".

SB110-AA1,20,22 15. Page 27, line 3: after that line insert:

SB110-AA1,20,24 " Section 51m. 12.13 (1) (f) and (3) (e) and (j) of the statutes are amended to read:

SB110-AA1,21,2 12.13 (1) (f) Shows his or her marked or punched ballot to any person or places a mark upon the ballot so it is identifiable as his or her ballot.

SB110-AA1,21,8 (3) (e) Prepare or cause to be prepared an official ballot with intent to change the result of the election as to any candidate or referendum; prepare an official ballot which is premarked or prepunched or which has an unauthorized sticker affixed prior to delivery to an elector; or deliver to an elector an official ballot bearing a mark or punch opposite the name of a candidate or referendum question that might be counted as a vote for or against a candidate or question.

SB110-AA1,21,15 (j) When called upon to assist an elector who cannot read or write, has difficulty in reading, writing or understanding English, or is unable to mark or punch a ballot or depress a lever or button on a voting machine, inform the elector that a ballot contains names or words different than are printed or displayed on the ballot with the intent of inducing the elector to vote contrary to his or her inclination, intentionally fail to cast a vote in accordance with the elector's instructions or reveal the elector's vote to any 3rd person.".

SB110-AA1,21,16 16. Page 27, line 22: after that line insert:

SB110-AA1,21,18 " Section 54L. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB110-AA1, s. 54p Section 54p. 20.510 (1) (c) of the statutes is created to read:

SB110-AA1,22,3 20.510 (1) (c) Voting system transitional assistance. The amounts in the schedule to provide assistance to counties and municipalities in eliminating punch card electronic voting systems under s. 7.08 (7).

SB110-AA1, s. 54q Section 54q. 20.510 (1) (c) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.".

SB110-AA1,22,6 17. Page 28, line 3: after that line insert:

SB110-AA1,22,7 " Section 55m. 59.08 (9) of the statutes is amended to read:

SB110-AA1,22,14 59.08 (9) The ballot shall have on the back or reverse side the endorsements provided by law for ballots for general elections and shall be marked , punched or labeled by the elector and counted and canvassed as other ballots cast on questions in the county are counted and canvassed. The election shall be conducted by the same officers and in the same manner as are other elections in the county. The results of the election shall be certified to the judges of the circuit courts for the counties.".

SB110-AA1,22,15 18. Page 39, line 3: after that line insert:

SB110-AA1,22,22 "(2x) Elimination of punch card electronic voting systems. The treatment of sections 5.02 (1e) and (1m), 5.35 (2) and (6) (b), 5.54, 5.55, 5.66 (2), 5.68 (3), 5.79, 5.81 (1), (2), and (3), 5.82, 5.84 (1), 5.85 (2) and (3), 5.91 (14), 5.94, 6.15 (3) (a) 1. and (b), 6.22 (4), and (5), 6.24 (6) and (7), 6.82 (1) (a) and (2) (a) and (b), 6.87 (3) (d), (4), and (5), 6.875 (6), 7.15 (3) (b), 7.37 (4) and (8), 7.50 (1) (d) and (2) (a), (b), and (d), 10.01 (2) (b), 10.06 (3) (e), 12.13 (1) (f) and (3) (e) and (j), and 59.08 (9) of the statutes takes effect on January 1, 2002.

SB110-AA1,23,2 (2y) Voting system transitional assistance. The repeal of sections 7.08 (7) and 20.510 (1) (c) of the statutes takes effect on July 1, 2003.".

SB110-AA1,23,3 (End)