Amendment ASA1-SB42

SB42-ASA1, s. 67 Section 67. 6.93 of the statutes is renumbered 7.52 (5) and amended to read:

SB42-ASA1,47,18 7.52 (5) The vote of any absent elector may be challenged for cause and the inspectors of election municipal board of canvassers shall have all the power and authority given them the inspectors to hear and determine the legality of the ballot the same as if the ballot had been voted in person.

SB42-ASA1, s. 68 Section 68. 6.935 of the statutes is amended to read:

SB42-ASA1,47,23 6.935 Challenge based on incompetency. Section 6.03 (3) applies to any challenge of a person's right to vote under s. 6.92, 6.925 or 6.93 7.52 (5) based on an allegation that an elector is incapable of understanding the objective of the elective process and thereby ineligible to vote.

SB42-ASA1, s. 69 Section 69. 6.97 (1) of the statutes is amended to read:

SB42-ASA1,49,7 6.97 (1) Whenever any individual who is required to provide identification in order to be permitted to vote appears to vote at a polling place or satellite absentee voting station and cannot provide the required identification, or the individual has not provided identification as provided in s. 7.52 (3), the inspectors shall offer the opportunity for the individual to vote under this section. If the individual wishes to vote, the inspectors shall provide the elector with an envelope marked "Ballot under s. 6.97, stats.," on which the serial number of the elector is entered and shall require the individual to execute on the envelope a written affirmation stating that the individual is a qualified elector of the ward or election district where he or she offers to vote and is eligible to vote in the election. The inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number or registration list number under s. 6.873 (4) (d) 1. of the individual corresponding to the number kept at the election on the poll list or registration list or other list maintained under s. 6.79 or s. 6.873 (4) (d) 1. and the notation "s. 6.97". If voting machines are used in the municipality where the individual is voting, the individual's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding number from the poll list or other list maintained under s. 6.79 (2) (c), or the registration list if the elector is voting under s. 6.873 (4), and the notation "s. 6.97" written on the back of the ballot by the inspectors or special voting deputy before the ballot is given to the elector. When receiving the individual's ballot, the inspectors or special voting deputy shall provide the individual with written voting information prescribed by the board under s. 7.08 (8). The inspectors or special voting deputy shall indicate on the list the fact that the individual is required to provide identification but did not do so. The inspectors or special voting deputy shall notify the individual that he or she may provide identification to the municipal clerk or executive director of the municipal board of election commissioners. The inspectors or special voting deputy shall also promptly notify the municipal clerk or executive director of the name, address, and either the serial number or, if voting under s. 6.873 (4), the registration list number of the individual. The inspectors or special voting deputy shall then place the ballot inside the certificate envelope on which the elector's serial number or registration list number has been entered and place the that envelope in a separate carrier envelope.

SB42-ASA1, s. 70 Section 70. 6.97 (2) of the statutes is amended to read:

SB42-ASA1,49,21 6.97 (2) Whenever any individual who votes by absentee ballot is required to provide identification in order to be permitted to vote and does not provide the required identification, the inspectors municipal board of canvassers shall write on the back of the absentee ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". The inspectors board of canvassers shall indicate on the poll list the fact that the individual is required to provide identification but did not do so. The inspectors board of canvassers shall promptly notify the municipal clerk or executive director of the municipal board of election commissioners of the name, address, and serial poll list number of the individual. The inspectors board of canvassers shall then place the ballot inside an envelope on which the name and serial number of the elector is entered and shall place the envelope in a separate carrier envelope.

SB42-ASA1, s. 71 Section 71. 7.03 (1) (a) of the statutes is amended to read:

SB42-ASA1,50,9 7.03 (1) (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 inspectors and inspector trainees for attendance at training programs conducted 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.

SB42-ASA1, s. 72 Section 72. 7.03 (1) (d) of the statutes is amended to read:

SB42-ASA1,50,17 7.03 (1) (d) Except as otherwise provided in par. (a), special registration deputies appointed under s. 6.285 (1) or 6.55 (6), special voting deputies appointed under s. 6.873 (2) or 6.875 (4), and officials and trainees who attend training sessions under s. 7.15 (1) (e) or, 7.25 (5), and 7.31 may also be compensated by the municipality where they serve at the option of the municipality. Employees of the department of transportation who are designated as special registration deputies under s. 6.28 (4) shall serve without additional compensation.

SB42-ASA1, s. 73 Section 73. 7.08 (1) (c) of the statutes is amended to read:

SB42-ASA1,50,23 7.08 (1) (c) Prescribe forms required by ss. 5.35 (6) (b) and (c), 6.24 (3) and (4), 6.30 (4), 6.33 (1) and (1m) (a), 6.36 (1) (b) 1. am., 6.40 (1) (a), 6.47 (1) (a) 2. and (3), 6.55 (2) and (3), and 6.86 (2) and (3), and 6.873 (3) (b). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.

SB42-ASA1, s. 74 Section 74. 7.08 (9) of the statutes is created to read:

SB42-ASA1,51,2 7.08 (9) Municipal maps. From the appropriation under s. 20.510 (1) (e) or (x), pay for the cost of municipal maps that are required to be posted under s. 5.35 (6) (c).

SB42-ASA1, s. 75 Section 75. 7.16 of the statutes is created to read:

SB42-ASA1,51,13 7.16 Election day plans. (1) With the advice of the board, each municipal clerk and board of election commissioners shall transmit for the approval of each municipal governing body, a proposed plan for the administration of the election in the municipality. The plan shall be transmitted at least 60 days before each regularly scheduled election and at least 35 days before each special election that is not held concurrently with a regularly scheduled election, regardless of whether the election has been scheduled by the municipality. The governing body shall review and approve a plan for this purpose no later than 42 days before each regularly scheduled election and no later than 21 days before each special election that is not held concurrently with a regularly scheduled election.

SB42-ASA1,51,14 (2) Each plan under sub. (1) shall include the following elements:

SB42-ASA1,51,16 (a) The methods to be used by the municipality for preelection education of electors concerning voting eligibility and procedures.

SB42-ASA1,51,18 (b) The methods that the municipality intends to use to ensure adequate staffing for preelection activities and activities on election day.

SB42-ASA1,51,20 (c) The measures that the municipality will use to ensure the orderly and efficient flow of electors at each polling place in the municipality.

SB42-ASA1,51,23 (d) A reasonable projection of voter turnout at the election in the municipality and contingency plans that the municipality will use to address any turnout that significantly exceeds the projection.

SB42-ASA1,51,25 (e) The management controls that the municipality will use to ensure accountable and orderly processes at the election.

SB42-ASA1,52,2 (f) The specific procedure that the municipality will use to conduct the postelection review required under s. 7.18.

SB42-ASA1, s. 76 Section 76. 7.17 of the statutes is created to read:

SB42-ASA1,52,7 7.17 Waiting time for voting. Each municipality shall implement procedures to attempt to ensure that no elector who appears to vote at a polling place for any election to be held in the municipality is required to wait more than 30 minutes before being permitted to vote.

SB42-ASA1, s. 77 Section 77. 7.18 of the statutes is created to read:

SB42-ASA1,52,17 7.18 Postelection performance reviews. After each election, including each primary and special election, that is held in a municipality, each municipal clerk and board of election commissioners shall conduct a postelection performance review of the processes that the municipality used to conduct the election. The review shall include an analysis of whether all relevant laws were complied with, an assessment of whether the municipality achieved the goal under s. 7.17 to ensure a maximum waiting time of 30 minutes at polling places and if not, how the goal can be achieved at the next comparable election, and any steps that the municipality must take to improve the administration of the next election to be held in the municipality.

SB42-ASA1, s. 78 Section 78. 7.30 (1) of the statutes is renumbered 7.30 (1) (a) and amended to read:

SB42-ASA1,53,13 7.30 (1) (a) There Except as required under par. (b) at the general election, there shall be 7 inspectors for each polling place at each election. In Except as required under par. (b), in municipalities where voting machines are used, the municipal governing body may reduce the number of inspectors to 5. A municipal governing body may provide for the appointment of additional inspectors whenever more than one voting machine is used or wards are combined under s. 5.15 (6) (b). A municipal governing body may provide by ordinance for the selection of alternate officials or the selection of 2 or more sets of officials to work at different times on election day, and may permit the municipal clerk or board of election commissioners to establish different working hours for different officials assigned to the same polling place. Alternate Each municipality shall also provide by ordinance for the selection of alternate officials shall also be appointed in a number sufficient to provide at least one alternate at each polling place and as otherwise needed to maintain adequate staffing of polling places. Unless at each election. Except for inspectors who are appointed under par. (b) and officials who are are appointed without regard to party affiliation under sub. (4) (c), additional officials shall be appointed in such a manner that the total number of officials is an odd number and the predominant party under sub. (2) is represented by one more official than the other party.

SB42-ASA1, s. 79 Section 79. 7.30 (1) (b) of the statutes is created to read:

SB42-ASA1,53,20 7.30 (1) (b) Each municipality shall at every general election and may at any other election appoint one additional inspector to serve at each polling place without regard to party affiliation who shall serve as a greeter to answer questions and to direct electors to the proper locations for registration and voting and who shall be available to substitute for other election officials who must leave the room during the voting process.

SB42-ASA1, s. 80 Section 80. 7.30 (2) (a) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 61), is amended to read:

SB42-ASA1,54,25 7.30 (2) (a) Only election officials appointed under this section or s. 6.873 or 6.875 may conduct an election. Except as otherwise provided in this paragraph and in s. 7.15 (1) (k), each election official shall be a qualified elector of the ward or wards, or the election district, for which the polling place is established. A special registration deputy who is appointed under s. 6.55 (6) or an election official who is appointed under this section to fill a vacancy under par. (b) need not be a resident of the ward or wards, or the election district, but shall be a resident of the municipality, except that if a municipal clerk or deputy clerk serves as a registration deputy or is appointed to fill a vacancy under par. (b), the clerk or deputy clerk need not be a resident of the municipality, but shall be a resident of the state. No more than 2 individuals holding the office of clerk or deputy clerk may serve without regard to municipal residency in any municipality at any election. Special registration deputies who are appointed under s. 6.55 (6) may be appointed to serve more than one polling place. All officials appointed under this section shall be able to read and write the English language, be capable, and 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 required under sub. (1) (b) and 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 Excluding the inspector who is appointed under sub. (1) (b), 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 Election officials appointed under this section 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.

SB42-ASA1, s. 81 Section 81. 7.30 (2) (b) of the statutes is amended to read:

SB42-ASA1,55,12 7.30 (2) (b) When a vacancy occurs in an office under this section, the vacancy shall be filled by appointment of the municipal clerk. The vacancy shall be filled from the remaining names on the lists submitted under sub. (4) or from additional names submitted by the chairperson of the county party committee of the appropriate party under sub. (4) whenever names are submitted under sub. (4) (d). If the vacancy is due to candidacy, sickness or any other temporary cause, the appointment shall be a temporary appointment and effective only for the election at which the temporary vacancy occurs. The same qualifications shall be required of persons who fill vacancies. Vacancies may be filled in cases of emergency or because of time limitations by a person from another aldermanic district or ward within the municipality.

SB42-ASA1, s. 82 Section 82. 7.30 (2) (b) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 61), is amended to read:

SB42-ASA1,56,4 7.30 (2) (b) When a vacancy occurs, the vacancy shall be filled by appointment of the municipal clerk. The Unless the vacancy occurs in the position of an inspector appointed under sub. (1) (b), the vacancy shall be filled from the remaining names on the lists submitted under sub. (4) or from additional names submitted by the chairperson of the county party committee of the appropriate party under sub. (4) whenever names are submitted under sub. (4) (d). If the vacancy is due to candidacy, sickness or any other temporary cause, the appointment shall be a temporary appointment and effective only for the election at which the temporary vacancy occurs. The same qualifications that applied to original appointees shall be required of persons who fill vacancies, except that a vacancy may be filled in cases of emergency or because of time limitations by a person who resides in another aldermanic district or ward within the municipality, and if a municipal clerk or deputy clerk fills the vacancy, the clerk or deputy, but not more than a total of 2 individuals in any municipality, may serve without regard to the clerk's or deputy's municipality of residence, if the clerk or deputy meets the other qualifications.

SB42-ASA1, s. 83 Section 83. 7.30 (2) (c) of the statutes is amended to read:

SB42-ASA1,56,10 7.30 (2) (c) The governing body of any municipality may require all persons serving as election officials to prove their ability to read and write English and to have a general knowledge of the election laws. Examinations may be given to prove the qualifications can be met. The municipal clerk shall coordinate all training procedures and requirements with the board.

SB42-ASA1, s. 84 Section 84. 7.30 (4) (b) (intro.) of the statutes is amended to read:

SB42-ASA1,56,15 7.30 (4) (b) (intro.) The 2 dominant parties, under sub. (2), are each responsible for submitting a list of names from which the all appointees to inspector positions, other than appointees to inspector positions required under sub. (1) (b), shall be chosen.

SB42-ASA1, s. 85 Section 85. 7.30 (4) (c) of the statutes is amended to read:

SB42-ASA1,57,5 7.30 (4) (c) For Except with respect to inspectors who are appointed under sub. (1) (b), for so long as nominees are made available by the political parties under this section, appointments may be made only from the lists of submitted nominees. If the lists are not submitted by November 30 of the year in which appointments are to be made, the board of election commissioners shall appoint, or the mayor, president or chairperson of a municipality shall nominate qualified persons whose names have not been submitted. If an insufficient number of nominees appears on the lists as of November 30, the board of election commissioners shall similarly appoint, or the mayor, president or chairperson shall similarly nominate sufficient individuals to fill the remaining vacancies. In addition, the mayor, president, or board chairperson of the municipality shall similarly nominate qualified persons to serve in the inspector positions required under sub. (1) (b). Any appointment which is made due to the lack of availability of names submitted under par. (b) may be made without regard to party affiliation.

SB42-ASA1, s. 86 Section 86. 7.30 (6) (b) of the statutes is amended to read:

SB42-ASA1,57,18 7.30 (6) (b) Prior to the first election following the appointment of the inspectors, the municipal clerk shall appoint one of the inspectors at each polling place, other than the inspector who is appointed under sub. (1) (b), to 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. Whenever wards are combined or separated under s. 5.15 (6) (b), the municipal clerk shall 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.

SB42-ASA1, s. 87 Section 87. 7.30 (6) (c) of the statutes is amended to read:

SB42-ASA1,57,25 7.30 (6) (c) If any election official appointed under this section lacks the qualifications set forth in this section, fails to attend training sessions required under s. 7.15 (1) (e) unless excused therefrom, is guilty of neglecting his or her official duties or commits official misconduct, the municipal clerk or board of election commissioners shall summarily remove the official from office and the vacancy shall be filled under sub. (2) (b).

SB42-ASA1, s. 88 Section 88. 7.31 (title) of the statutes is amended to read:

SB42-ASA1,58,3 7.31 (title) Training and certification of chief inspectors election officials, special voting deputies, and special registration deputies .

SB42-ASA1, s. 89 Section 89. 7.31 (1) of the statutes is renumbered 7.31 (1r) and amended to read:

SB42-ASA1,58,11 7.31 (1r) The board shall, by rule, prescribe requirements for certification of individuals to serve as chief inspectors election officials at polling places in an election, to serve as special voting deputies under ss. 6.873 and 6.875 and to serve as special registration deputies under s. 6.26. The requirements shall include attendance at one or more training sessions produced and conducted by the board under this section. The requirements shall not include taking an examination.

SB42-ASA1, s. 90 Section 90. 7.31 (1g) of the statutes is created to read:

SB42-ASA1,58,16 7.31 (1g) The board shall produce and periodically reissue as necessary a video program for the purpose of training election officials, special voting deputies, and special registration deputies under s. 6.26. The board shall make the program available for viewing electronically through an Internet-based system.

SB42-ASA1, s. 91 Section 91. 7.31 (2) to (5) of the statutes are amended to read:

SB42-ASA1,58,22 7.31 (2) No individual may serve as a chief inspector an election official at a polling place in an election, no person may serve as a special voting deputy under s. 6.873 or 6.875, and no individual may serve as a special registration deputy under s. 6.26 unless the individual is certified by the board to hold that office on at the date of the election time at which the individual serves.

SB42-ASA1,59,4 (3) The board shall, upon application, issue certificates to qualified individuals who meet the requirements prescribed by the board to be certified as chief inspectors election officials at polling places in an election, to serve as special voting deputies under s. 6.873 or 6.875, or to serve as special registration deputies under s. 6.26. The requirements shall be structured to enable a qualified individual to be certified solely by viewing the current, applicable video program produced by the board under sub. (1g). Each certificate shall carry an expiration date.

SB42-ASA1,59,10 (4) The board shall require each individual to whom a certificate is issued under this section to meet requirements to maintain that certification. The requirements shall be structured to enable an individual to maintain his or her certificate solely by viewing the current, applicable video program produced by the board under sub. (1g). The board shall renew the certificate of any individual who requests renewal and who meets the requirements prescribed under this subsection.

SB42-ASA1,59,15 (5) The board shall produce and conduct regular training programs to ensure that individuals who are certified by the board under this section are knowledgeable concerning their authority and responsibilities. The board shall pay all costs required to produce and conduct the training programs from the appropriation under s. 20.510 (1) (bm) or (x).

SB42-ASA1, s. 92 Section 92. 7.32 of the statutes is amended to read:

SB42-ASA1,59,21 7.32 Change of election official numbers. Notwithstanding s. 7.30 (1), the governing body or board of election commissioners of any municipality may by resolution reduce the number of election officials and modify or rescind any similar previous action. No such action may reduce the number of officials at a polling place to less than 4 at the general election or at any other election to less than 3.

SB42-ASA1, s. 93 Section 93. 7.33 (3) of the statutes is amended to read:

SB42-ASA1,60,3 7.33 (3) Every employer shall grant to each employee who is appointed to serve as an election official under s. 7.30 a leave of absence for the entire 24-hour period of each election day in which the official serves in his or her official capacity. An employee who serves as an election official shall provide his or her employer with at least 7 days' notice of application for a leave. The municipal clerk shall verify appointments upon request of any employer.

SB42-ASA1, s. 94 Section 94. 7.37 (2) of the statutes is amended to read:

SB42-ASA1,60,14 7.37 (2) Preserve order. The inspectors shall possess full authority to maintain order and to enforce obedience to their lawful commands during the election and the canvass of the votes. They shall permit only one person in a voting booth at a time and shall prevent any person from taking notice of how another person has voted, except when assistance is given under s. 6.82. They shall enforce s. 5.35 (5) and prevent electioneering from taking place in violation of s. 12.03 (1) or (2). If any person refuses to obey the lawful commands of an inspector, or is disorderly in the presence or hearing of the inspectors, interrupts or disturbs the proceedings, they may order any law enforcement officer to remove the person from the voting area or to take the person into custody.

SB42-ASA1, s. 95 Section 95. 7.41 (1) of the statutes is amended to read:

SB42-ASA1,60,21 7.41 (1) Any member of the public may be present at any polling place or at any satellite absentee voting station designated under s. 6.873 (1) for the purpose of observation of an election, except a candidate at that election. The chief inspector at the polling place or a special voting deputy at the voting station may reasonably limit the number of persons representing the same organization who are permitted to observe an election at the same time.

SB42-ASA1, s. 96 Section 96. 7.41 (2) of the statutes is amended to read:

SB42-ASA1,61,4 7.41 (2) The chief inspector at a polling place or a special voting deputy at a satellite absentee voting station may restrict the location of any individual exercising the right under sub. (1) to certain areas within a the polling place or voting station. The chief inspector or special voting deputy shall clearly designate such an area as an observation area. Designated observation areas shall be so positioned to permit any authorized individual to readily observe all public aspects of the voting process.

SB42-ASA1, s. 97 Section 97. 7.41 (3) (intro.) of the statutes is amended to read:

SB42-ASA1,61,8 7.41 (3) (intro.) The chief inspector or special voting deputy may order the removal of any individual exercising the right under sub. (1) if that individual commits an overt act which:

SB42-ASA1, s. 98 Section 98. 7.41 (3) (a) of the statutes is amended to read:

SB42-ASA1,61,11 7.41 (3) (a) Disrupts the operation of the polling place or satellite absentee voting station; or

SB42-ASA1, s. 99 Section 99. 7.41 (3) (b) of the statutes is amended to read:

SB42-ASA1,61,13 7.41 (3) (b) Violates s. 12.03 (2) or (2m).

SB42-ASA1, s. 100 Section 100. 7.51 (1) of the statutes is amended to read:

SB42-ASA1,62,4 7.51 (1) Canvass procedure. Immediately after the polls close all of the inspectors except any inspector appointed under s. 7.30 (1) (b) 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 a central counting location, shall continue without adjournment until the canvass of all ballots cast at the polling place is completed and the return statements for those ballots 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).

SB42-ASA1, s. 101 Section 101. 7.51 (2) (c) of the statutes is amended to read:

SB42-ASA1,62,15 7.51 (2) (c) Whenever the number of ballots exceeds the number of voting electors as indicated on the poll list, the inspectors 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 inspectors shall mark, lay aside and preserve any blank ballots. If the number of ballots still exceeds the number of voting electors, the inspectors 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 2 inspectors or any absentee ballot not bearing the initials of the municipal clerk. During the count the inspectors shall count those ballots cast by challenged electors the same as the other ballots.

SB42-ASA1, s. 102 Section 102. 7.51 (2) (e) of the statutes is amended to read:

SB42-ASA1,63,9 7.51 (2) (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 inspectors shall separate the absentee ballots from the other ballots. If there is an excess number of absentee ballots, the inspectors shall place the absentee ballots in the ballot box and one of the inspectors shall publicly and without examination draw therefrom by chance the number of ballots equal to the excess number of absentee ballots. If there is an excess number of other ballots, the inspectors shall place those ballots in the ballot box and one of the inspectors shall publicly and without examination draw therefrom by chance the number of ballots equal to the excess number of those ballots. All ballots so removed may not be counted but shall be specially marked as having been removed by the inspectors 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 inspectors 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 inspectors shall then open, count and record the number of votes. When the ballots are counted, the inspectors 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, s. 103 Section 103. 7.51 (3) (d) of the statutes is renumbered 7.52 (4) (i) and amended to read:

SB42-ASA1,63,18 7.52 (4) (i) All absentee certificate envelopes which have been opened shall be returned by the inspectors board of canvassers to the municipal clerk in a securely sealed carrier envelope which is clearly marked "used absentee certificate envelopes". The envelopes shall be signed by the chief inspector and 2 other inspectors each member of the board of canvassers. Except when the ballots are used in a municipal or school district election only, the municipal clerk shall transmit the used envelopes to the county clerk.

SB42-ASA1, s. 104 Section 104. 7.51 (4) (a) of the statutes is amended to read:

SB42-ASA1,64,9 7.51 (4) (a) The tally sheets shall state the total number of votes cast for each office and for each individual receiving votes for that office, whether or not the individual's name appears on the ballot, and shall state the vote for and against each proposition voted on. Upon completion of the tally sheets, the inspectors shall immediately complete inspectors' statements in duplicate. The inspectors shall state the excess, if any, by which the number of ballots exceeds the number of electors voting as shown by the poll list and shall state the number of the last elector as shown by the poll lists. At least 3 inspectors, including the chief inspector and, unless election officials are appointed under s. 7.30 (4) (c) without regard to party affiliation, at least one inspector representing each political party, but not including any inspector appointed under s. 7.30 (1) (b), shall then certify to the correctness of the statements and tally sheets and sign their names. All other election officials assisting with the tally shall also certify to the correctness of the tally sheets. When the tally is complete, the inspectors shall publicly announce the results from the statements.

SB42-ASA1, s. 105 Section 105. 7.51 (5) (b) of the statutes is amended to read:

SB42-ASA1,64,19 7.51 (5) (b) The municipal clerk shall arrange for delivery of all ballots, statements, tally sheets, lists, and envelopes relating to a school district election to the school district clerk. The municipal clerk shall deliver the ballots, statements, tally sheets, lists, and envelopes for his or her municipality relating to any county, technical college district, state, or national election to the county clerk by 2 p.m. on the 2nd day following each such election. The person delivering the returns shall be paid out of the municipal treasury. Each clerk shall retain ballots, statements, tally sheets, or envelopes received by the clerk until destruction is authorized under s. 7.23 (1).

SB42-ASA1, s. 106 Section 106. 7.52 of the statutes is created to read: