Amendment ASA1-SB42

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:

SB42-ASA1,65,5 7.52 Canvassing of absentee ballots. (1) At one or more times no earlier than the 7th day after absentee ballots are distributed for each election under s. 7.15 (1) (cm) and no later than 10 a.m. on the day after an election, the municipal board of canvassers designated under s. 7.53 (1) or (2) shall publicly convene to count the absentee ballots for the municipality. The municipal clerk shall give at least 48 hours' notice of any meeting under this subsection. Any member of the public has the same right of access to a meeting of the municipal board of canvassers under this subsection that the individual would have under s. 7.41 to observe the proceedings at a polling place. The board of canvassers may order the removal of any individual exercising the right to observe the proceedings if the individual disrupts the meeting.

SB42-ASA1,65,12 (2) In counting the absentee ballots, the board of canvassers shall use 2 duplicate copies of a single poll list for the entire municipality prepared in accordance with s. 6.36 (2). Upon accepting each absentee ballot, the board of canvassers shall enter a poll list number on the poll list next to the name of the elector who voted the ballot, beginning with the number one. If the elector's name does not appear on the poll list, the board of canvassers shall enter the number on a separate list maintained under this subsection.

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.