Amendment SSA1-SB477

LRBs0366/1

JTK/RJM/PG/GMM:cjs&kmg:hmh

2001 - 2002 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2001 SENATE BILL 477

March 8, 2002 - Offered by Committee on Universities, Housing, and Government Operations.

SB477-SSA1,1,9 An Act to repeal 8.15 (9), 8.20 (10), 9.10 (2) (em) 4. and 5., 9.10 (2) (o) and 9.10 (2) (r) 1. to 3.; to renumber and amend 6.92; to amend 5.86, 6.87 (2) (form), 6.875 (1) (at), 6.875 (2) (a), 6.875 (6), 6.88 (1), 7.03 (1) (a), 7.03 (1) (b), (bm), (c) and (d), 7.08 (3) (intro.) and (4), 7.30 (2) (a), 7.30 (4) (b) 1., 7.30 (6) (b), 7.33 (2), 7.41 (4), 7.51 (1), 7.60 (2), 8.15 (4) (a), 8.21, 8.40 (2), 9.10 (2) (e) 3., 9.10 (4) (d), 10.06 (3) (am), 10.06 (3) (bm), 11.21 (3), 11.21 (14), 103.67 (1), 103.68 (1), 103.70 (2) and 755.01 (4); and to create 6.92 (2), 7.08 (5), 7.30 (2) (am) and 118.15 (3) (d) of the statutes; relating to: various changes in election administration laws.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB477-SSA1, s. 1 Section 1. 5.86 of the statutes is amended to read:

SB477-SSA1,2,11 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.

SB477-SSA1,2,21 (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.

SB477-SSA1, s. 2 Section 2. 6.87 (2) (form) of the statutes is amended to read:

SB477-SSA1,2,23 6.87 (2) (form)

SB477-SSA1,2,24 [STATE OF ....

SB477-SSA1,2,25 County of ....]

SB477-SSA1,3,1 or

SB477-SSA1,3,2 [(name of foreign country and city or other jurisdictional unit)]

SB477-SSA1,3,16 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.

SB477-SSA1,3,17 Signed ....

SB477-SSA1,3,18 Identification serial number, if any: ....

SB477-SSA1,3,19 The witness shall execute the following:

SB477-SSA1,3,24 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.

SB477-SSA1,3,25 ....(Name)

SB477-SSA1,4,1 ....(Address)**

SB477-SSA1,4,3 * — An elector who provides an identification serial number issued under s. 6.47 (3), Wis. Stats., need not provide a street address.

SB477-SSA1,4,5 ** — If this form is executed before 2 special voting deputies under s. 6.875 (6), Wis. Stats., both deputies shall witness and sign.

SB477-SSA1, s. 3 Section 3. 6.875 (1) (at) of the statutes is amended to read:

SB477-SSA1,4,8 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.

SB477-SSA1, s. 4 Section 4. 6.875 (2) (a) of the statutes is amended to read:

SB477-SSA1,4,12 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.

SB477-SSA1, s. 5 Section 5. 6.875 (6) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB477-SSA1,6,4 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.

SB477-SSA1, s. 6 Section 6. 6.88 (1) of the statutes is amended to read:

SB477-SSA1,6,15 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).

SB477-SSA1, s. 7 Section 7. 6.92 of the statutes is renumbered 6.92 (1) and amended to read:

SB477-SSA1,6,24 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.

SB477-SSA1, s. 8 Section 8. 6.92 (2) of the statutes is created to read:

SB477-SSA1,7,2 6.92 (2) An inspector appointed under s. 7.30 (2) (am) may not challenge any person offering to vote.

SB477-SSA1, s. 9 Section 9. 7.03 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB477-SSA1,7,16 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.

SB477-SSA1, s. 10 Section 10. 7.03 (1) (b), (bm), (c) and (d) of the statutes are amended to read:

SB477-SSA1,7,23 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.

SB477-SSA1,8,3 (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).

SB477-SSA1,8,8 (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.

SB477-SSA1,8,13 (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.

SB477-SSA1, s. 11 Section 11. 7.08 (3) (intro.) and (4) of the statutes are amended to read:

SB477-SSA1,8,21 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:

SB477-SSA1,9,2 (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.

SB477-SSA1, s. 12 Section 12. 7.08 (5) of the statutes is created to read:

SB477-SSA1,9,7 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.

SB477-SSA1, s. 13 Section 13. 7.30 (2) (a) of the statutes is amended to read:

SB477-SSA1,9,25 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.