Amendment ASA1-SB42

SB42-ASA1,65,23 (4) (a) The board of canvassers shall then open the ballot box and remove and count the number of ballots therein without examination except as is necessary to ascertain that each is a single ballot. The board of canvassers shall mark the poll list number of each elector who casts an absentee ballot on the back of the elector's ballot. If 2 or more ballots are folded together so as to appear as a single ballot, the board of canvassers shall lay them aside until the count is completed; and if, after a comparison of the count and the appearance of the ballots it appears to the board of canvassers that the ballots folded together were voted by the same person they shall not be counted but the board of canvassers shall mark them as to the reason for removal, set them aside, and carefully preserve them. The board of canvassers shall then proceed under par. (b).

SB42-ASA1,66,3 (b) When during the counting of the ballots cast at an election the board of canvassers finds that a ballot is so defective that it cannot determine with reasonable certainty for whom it was cast, the board of canvassers shall so mark the ballot and preserve it. The board of canvassers shall not count the vote cast on the ballot for any office for which it determines the ballot to be defective.

SB42-ASA1,66,13 (c) Whenever the number of ballots exceeds the number of voting electors as indicated on the poll list, the board of canvassers shall place all ballots face up to check for blank ballots. In this paragraph, "blank ballot" means a ballot on which no votes are cast for any office or question. The board of canvassers shall mark, lay aside, and preserve any blank ballots. If the number of ballots still exceeds the number of voting electors, the board of canvassers shall place all ballots face down and proceed to check for the initials. The inspectors shall mark, lay aside, and preserve any ballot not bearing the initials of the municipal clerk. During the count the board of canvassers shall count those ballots cast by challenged electors the same as the other ballots.

SB42-ASA1,66,19 (d) The board of canvassers shall keep a written statement, in duplicate, of the number of ballots set aside and the number of defective ballots and challenged ballots. The statement shall contain a record of the reasons for setting aside each ballot and the reasons why each defective or challenged ballot is defective or challenged. The board of canvassers shall certify that the statement is correct, sign it, and attach it to the tally sheets.

SB42-ASA1,67,7 (e) If, after any ballots have been laid aside, the number of ballots still exceeds the total number of electors recorded on the poll list, the board of canvassers shall place the absentee ballots in the ballot box and one of the members shall publicly and without examination draw therefrom by chance the number of ballots equal to the excess number of ballots. All ballots so removed shall not be counted but shall be specially marked as having been removed by the board of canvassers on original canvass due to an excess number of ballots, set aside, and preserved. When the number of ballots and total shown on the poll list agree, the board of canvassers shall return all ballots to be counted to the ballot box and shall turn the ballot box in such manner as to thoroughly mix the ballots. The board of canvassers shall then open, count, and record the number of votes. When the ballots are counted, the board of canvassers shall separate them into piles for ballots similarly voted. Objections may be made to placement of ballots in the piles at the time the separation is made.

SB42-ASA1,67,10 (f) If corrected ballots under s. 5.72 (3) are distributed under s. 5.72 (3) or 7.10 (3), only the votes cast on the corrected ballots may be counted for any office or referendum in which the original ballots differ from the corrected ballots.

SB42-ASA1,67,22 (g) The board of canvassers shall place together all ballots counted by it 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 board of canvassers 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 board of canvassers shall place the ballots cast under s. 6.97 in a separate, securely sealed carrier envelope which is clearly marked "Section 6.97 ballots." Each member of the board of canvassers shall sign the carrier envelope. The carrier envelope shall not be placed in the ballot container. The board of canvassers shall then deliver the ballots to the municipal clerk in the ballot container and carrier envelope.

SB42-ASA1,68,3 (h) For ballots that relate only to municipal or school district offices or referenda, the board of canvassers, in lieu of par. (a), after counting the ballots shall return them to the proper ballot boxes, lock the boxes, paste paper over the slots, sign their names to the paper, and deliver them and the keys therefor to the municipal or school district clerk. The clerk shall retain the ballots until destruction is authorized under s. 7.23.

SB42-ASA1,68,11 (6) (a) The board of canvassers shall review each certificate envelope to determine whether any absentee ballot is cast by an elector whose name appears on the poll list as ineligible to vote at the election. If the board of canvassers receives an absentee ballot that has been cast by an elector whose name appears on the poll list as ineligible to vote, the inspectors shall challenge the ballot in the same manner as provided for inspectors making challenges under s. 6.92 and shall treat the ballot in the manner as provided for treatment of challenged ballots by inspectors under s. 6.95.

SB42-ASA1,69,6 (b) Any elector may challenge for cause any absentee ballot other than a ballot that was cast in person under s. 6.86 (1) (a) 2. or under s. 6.873. For the purpose of deciding upon ballots that are challenged for any reason, the board of canvassers may call before it any person whose absentee ballot is challenged if the person is available to be called. If the person challenged refuses to answer fully any relevant questions put to him or her by the board of canvassers under s. 6.92, the board of canvassers shall reject the elector's vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the members of the board of canvassers shall administer to the person the following oath or affirmation: "You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 days have been a resident of this ward except under s. 6.02 (2); you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election." If the person challenged refuses to take the oath or affirmation, the person's vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the board of canvassers under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person's vote shall be received.

SB42-ASA1,70,2 (7) The board of canvassers shall maintain tally sheets on forms provided by the municipal clerk, which 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. If the board of canvassers recesses without completing the canvass of the absentee ballots, the municipal clerk shall secure the tally sheets, together with all ballots, envelopes, and other materials, and shall deliver them to the board of canvassers at its next meeting under sub. (1). Upon completion of the canvass of the absentee ballots, the board of canvassers shall immediately complete statements in duplicate. The statements shall state the excess, if any, by which the number of ballots exceeds the number of electors voting as shown by the poll list used by the board of canvassers under this section and shall state the poll list number of the last elector as shown by the poll list. Each member of the board of canvassers 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. If the board of canvassers meets under sub. (1) before the day after election day, the canvassers shall not announce the results and the records of the count are not open to public inspection and copying under s. 19.35 (1). When the tally is complete, the board of canvassers shall publicly announce the results from the statements and the records of the count are open to public inspection and copying under s. 19.35 (1).

SB42-ASA1,70,12 (8) The board of canvassers shall make full and accurate return of the votes cast for each candidate and proposition on the tally sheet forms. 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 board of canvassers shall seal in a carrier envelope outside the ballot bag or container one inspector's statement under sub. (4) (d), one tally sheet, and one poll list for delivery to the county clerk, unless the election relates only to municipal or school district offices or referenda. The board of canvassers shall also similarly seal one statement, one tally sheet, and one poll list for delivery to the municipal clerk.

SB42-ASA1, s. 107 Section 107. 7.53 (1) of the statutes is amended to read:

SB42-ASA1,71,4 7.53 (1) Municipalities with one polling place. Where the municipality constitutes one ward or combines all wards to utilize a single polling place under s. 5.15 (6) (b), the canvass of the votes cast at the polling place shall be conducted publicly under s. 7.51 and the inspectors, other than any inspector appointed under s. 7.30 (1) (b), shall act as the municipal board of canvassers. After the canvass of the absentee ballots is completed under s. 7.52, the board of canvassers shall reconcile the poll list of the electors who vote by absentee ballot with the corresponding poll list of the electors who vote in person to ensure that no elector is allowed to cast more than one ballot. If an elector who votes in person has submitted an absentee ballot, the absentee ballot is void. Upon completion of the canvass under this section and s. 7.52 and ascertainment of the results by the inspectors board of canvassers, the municipal clerk shall publicly read to the board of canvassers the names of the persons voted for and the number of votes for each person for each municipal office, the names of the persons declared by the inspectors board of canvassers to have won nomination or election to each municipal office and the number of votes cast for and against each municipal referendum question.

SB42-ASA1, s. 108 Section 108. 7.53 (2) (d) of the statutes is amended to read:

SB42-ASA1,71,24 7.53 (2) (d) The municipal board of canvassers shall publicly canvass the returns of every municipal election. The canvass shall begin within 24 hours after the polls close as soon as possible after the canvass of absentee ballots is completed under s. 7.52 but no later than 9 a.m. on the 2nd day after election day. After the canvass of the absentee ballots is completed under s. 7.52, the board of canvassers shall reconcile the poll list of the electors who vote by absentee ballot with the corresponding poll list of the electors who vote in person to ensure that no elector is allowed to cast more than one ballot. If an elector who votes in person has submitted an absentee ballot, the absentee ballot is void. At the spring election, the board of canvassers shall publicly declare the results on or before the 2nd Tuesday in April. The board of canvassers shall prepare a statement showing the results of each election for any municipal office and each municipal referendum. After each primary for municipal offices, the board of canvassers shall prepare a statement certifying the names of those persons who have won nomination to office. After each other election for a municipal office and each municipal referendum, the board of canvassers shall prepare a determination showing the names of the persons who are elected to each municipal office and the results of each municipal referendum. The board of canvassers shall file each statement and determination in the office of the municipal clerk or board of election commissioners.

SB42-ASA1, s. 109 Section 109. 7.60 (3) of the statutes is amended to read:

SB42-ASA1,72,14 7.60 (3) Canvassing. Not later than 9 a.m. on the Thursday Friday after each election the county board of canvassers shall open and publicly examine the returns. If returns have not been received from any election district or ward in the county, they shall dispatch a messenger and the person having them shall deliver the returns to the messenger. If, on examination, any of the returns received are so informal or defective that the board cannot intelligently canvass them, they shall dispatch a messenger to deliver the returns back to the municipal board of canvassers with written specifications of the informalities or defects and command them to immediately complete the returns or remedy the defects in the manner required and deliver them to the messenger. Every messenger shall safely keep all returns, show them to no one but the municipal clerk and board of canvassers and deliver them to the county clerk with all possible dispatch. To acquire the necessary full returns and remedy any informalities or defects the county board of canvassers may adjourn not longer than one day at a time nor more than 2 days in all.

SB42-ASA1, s. 110 Section 110. 12.03 (title) of the statutes is amended to read:

SB42-ASA1,72,16 12.03 (title) Election day Restricted campaigning restricted.

SB42-ASA1, s. 111 Section 111. 12.03 (1) of the statutes is amended to read:

SB42-ASA1,72,20 12.03 (1) No election official may engage in electioneering on election day. This subsection does not apply to an election official who is appointed under s. 6.285 or 6.873 and is not serving as an election official on election day.

SB42-ASA1, s. 112 Section 112. 12.03 (1m) of the statutes is created to read:

SB42-ASA1,72,24 12.03 (1m) No election official appointed under s. 6.285 or 6.873 may engage in electioneering at a satellite absentee voting station designated under s. 6.873 (1) on any day during which absentee ballots may be cast at the voting station.

SB42-ASA1, s. 113 Section 113. 12.03 (2m) of the statutes is created to read:

SB42-ASA1,73,6 12.03 (2m) (a) No person may engage in electioneering within any building, or at the doors to any building, in which a satellite absentee voting station is designated under s. 6.873 (1) on any day during which absentee ballots may be cast at the voting station. This paragraph applies to electioneering on private property only if the property is owned or controlled by the person who consented under s. 6.873 (1) to the designation of the voting station.

SB42-ASA1,73,14 (b) Except as otherwise provided in this subsection, no person may engage in electioneering within 100 feet of a satellite absentee voting station that is designated under s. 6.873 (1) and that is not located within a building on any day during which absentee ballots may be cast at the voting station. This paragraph applies to electioneering on private property only if the property is owned or controlled by the person who consented under s. 6.873 (1) to the designation of the voting station. This paragraph does not apply to the placement of any material on the bumper of a motor vehicle.

SB42-ASA1, s. 114 Section 114. 12.07 (2) of the statutes is amended to read:

SB42-ASA1,73,18 12.07 (2) No employer may refuse to allow an employee to serve as an election official under s. 7.30 or make any threats or offer any inducements of any kind to the employee for the purpose of preventing the employee from so serving.

SB42-ASA1, s. 115 Section 115. 12.13 (3) (gm) of the statutes is created to read:

SB42-ASA1,73,22 12.13 (3) (gm) Use or allow the use of any birth date information obtained under s. 6.36 (1) (b) 1. am. for a commercial purpose, or post or allow the posting of any such information on the Internet.

SB42-ASA1, s. 116 Section 116. 12.13 (3) (x) of the statutes is amended to read:

SB42-ASA1,74,3 12.13 (3) (x) Refuse to obey a lawful order of an inspector or special voting deputy made for the purpose of enforcing the election laws; engage in disorderly behavior at or near a polling place or at or near a satellite absentee voting station designated under s. 6.873 (1); or interrupt or disturb the voting or canvassing proceedings.

SB42-ASA1, s. 117 Section 117. 12.13 (3) (ze) of the statutes is created to read:

SB42-ASA1,74,7 12.13 (3) (ze) Compensate a person for obtaining voter registrations from other persons at a rate that varies in relation to the number of voter registrations obtained by the person.

SB42-ASA1, s. 118 Section 118. 12.60 (1) (a) of the statutes is amended to read:

SB42-ASA1,74,10 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), (gm), (j), (k), (L), (m), (y), or (z) is guilty of a Class I felony.

SB42-ASA1, s. 119 Section 119. 12.60 (1) (b) of the statutes is amended to read:

SB42-ASA1,74,14 12.60 (1) (b) Whoever violates s. 12.03, 12.05, 12.07, 12.08, or 12.13 (2) (b) 8., or (3) (b), (c), (d), (g), (i), (n) to (x), (ze), (zm), or (zn) may be fined not more than $1,000, or imprisoned not more than 6 months, or both.

SB42-ASA1, s. 120 Section 120. 17.29 of the statutes is amended to read:

SB42-ASA1,74,22 17.29 Effect of chapter. The provisions of this chapter supersede all contrary provisions in either the general law or in special acts, except ch. 7 ss. 6.26 (2) (b), 6.28 (2) (b), 6.285, 6.55 (6), 6.873, 6.875, and 7.30 relating to appointed election officers appointed for the election wards or polling places in the state officials and ch. 21 relating to the military staff of the governor and to officers of the Wisconsin national guard; and shall govern all offices whether created by general law or special act, unless otherwise specially provided.

SB42-ASA1, s. 121 Section 121. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB42-ASA1, s. 122 Section 122. 20.510 (1) (bm) of the statutes is amended to read:

SB42-ASA1,75,4 20.510 (1) (bm) Training of chief inspectors election officials. Biennially, the amounts in the schedule for training of chief inspectors election officials under s. 7.31.

SB42-ASA1, s. 123 Section 123. 20.510 (1) (e) of the statutes is created to read:

SB42-ASA1,75,7 20.510 (1) (e) Election administration costs — state funds. The amounts in the schedule to pay for election administration costs not financed under par. (t) or (x).

SB42-ASA1, s. 124 Section 124. 110.08 (1r) of the statutes is created to read:

SB42-ASA1,75,10 110.08 (1r) Operator's license examiners shall perform those duties required under s. 6.28 (4).

SB42-ASA1, s. 125 Section 125. 301.03 (20) of the statutes is created to read:

SB42-ASA1,75,16 301.03 (20) Transmit to the elections board, on a continuous basis, a list containing the name of each living person who has been convicted of a felony under the laws of this state and whose civil rights have not been restored, together with his or her residential address and the date on which the department expects his or her civil rights to be restored.

SB42-ASA1, s. 126 Section 126. 343.14 (2r) of the statutes is created to read:

SB42-ASA1,75,19 343.14 (2r) The forms for application for a license or identification card or for renewal thereof shall include the information required under s. 6.33 (1m).

SB42-ASA1, s. 127 Section 127. 343.178 of the statutes is created to read:

SB42-ASA1,76,4 343.178 Voter registration. (1) Based upon application information specified under s. 343.14 (2r), the department shall accept and process applications for voter registration under s. 6.28 (4).

SB42-ASA1,76,10 (2) The department shall withhold access to information in the records of the department identifying at which office of the department an applicant for an operator's license or identification card, or for renewal of an operator's license or identification card, has registered to vote or revealing an applicant's decision not to register to vote, except that the department shall provide this information to the elections board upon request of the board.

SB42-ASA1, s. 128 Section 128. 343.22 (3m) of the statutes is created to read:

SB42-ASA1,76,17 343.22 (3m) Whenever any registered elector of this state, after applying for or receiving an operator's license or an identification card, changes his or her name or changes his or her address from the address specified in the application, license, or identification card to a different address within this state, the elector may update his or her voter registration information on a form provided by the department at an office of the department under s. 6.28 (4) (b).

SB42-ASA1, s. 129 Section 129. 343.22 (4) of the statutes is amended to read:

SB42-ASA1,76,20 343.22 (4) Any person who fails to comply with any of the requirements of this section subs. (1) to (3) may be required to forfeit not more than $50.

SB42-ASA1, s. 130 Section 130. 880.33 (9) of the statutes is amended to read:

SB42-ASA1,77,9 880.33 (9) All the rights and privileges afforded a proposed incompetent under this section shall be given to any person who is alleged to be ineligible to register to vote or to vote in an election by reason that such person is incapable of understanding the objective of the elective process. The determination of the court shall be limited to a finding that the elector is either eligible or ineligible to register to vote or to vote in an election by reason that the person is or is not capable of understanding the objective of the elective process. The determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925 or 6.93 7.52 (5) with the responsibility for determining challenges to registration and voting which may be directed against that elector. The determination may be reviewed as provided in s. 880.34 (4) and (5) and any subsequent determination of the court shall be likewise communicated by the clerk of court.

SB42-ASA1, s. 131 Section 131. Effective dates. This act takes effect on January 1, 2006, or the day after publication, whichever is later, except as follows:

SB42-ASA1,77,15 (1) The treatment of sections 6.10 (3), 6.26 (2) (d), 6.275 (title), (2), and (3), 6.28 (title), (1), (3), and (4), 6.33 (1), (1m), (2) (a), 6.40 (1) (a) 1. and (c), 6.55 (2) (d), 7.03 (1) (d), 7.08 (1) (c), 110.08 (1r), 343.14 (2r), 343.178, and 343.22 (3m) and (4) of the statutes takes effect on the first day of the 7th month beginning after publication.

SB42-ASA1,77,16 (End)