Amendment SSA1-SB295

SB295-SSA1,96 Section 96. 7.53 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 37, is amended to read:

SB295-SSA1,47,21 7.53 (1) (a) 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. The inspectors shall then complete the return statement for all votes cast at the polling place. If there are no provisional ballots that are eligible to be counted under s. 6.97 and the municipal clerk has not mailed or transmitted absentee ballots to any electors of the municipality that have not been returned by election night, and no absentee ballots are being canvassed under s. 7.52, the inspectors may complete and sign the canvass statement and determination on election night. In municipalities where absentee ballots are canvassed under s. 7.52, after the canvass of the absentee ballots is completed under s. 7.52, the board of absentee ballot 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. Except as authorized in par. (b), if one or more electors of the municipality have cast provisional ballots that are eligible to be counted under s. 6.97 or if the municipal clerk receives one or more absentee ballots by 4 p.m. on the Friday after the election that are eligible to be counted under s. 7.515 (6) (b), the inspectors, acting as the board of canvassers, shall reconvene no later than 9 a.m. on the Monday after the election to count the valid provisional and absentee ballots and shall adjust the returns accordingly. The inspectors, acting as the board of canvassers, need not reconvene if the municipal clerk certifies that he or she has received no provisional or absentee ballots from the time that the board of canvassers completed the initial canvass and 4 p.m. on the Friday after the election. Upon completion of the canvass under this paragraph and any canvass that is conducted under s. 7.52 and ascertainment of the results by the inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52, by the inspectors and the board of absentee ballot canvassers, the municipal clerk shall publicly read to the inspectors or the board of absentee ballot 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 or board of absentee ballot canvassers to have won nomination or election to each municipal office, and the number of votes cast for and against each municipal referendum question.

SB295-SSA1,97 Section 97. 7.53 (3) (a) of the statutes is amended to read:

SB295-SSA1,48,24 7.53 (3) (a) In a common, union high or unified school district, the school district clerk shall appoint 2 qualified electors of the school district prior to the date of the election being canvassed who shall, with the school district clerk, constitute the school district board of canvassers. If the school district clerk is a candidate at the election being canvassed, the other 2 members of the board of canvassers shall designate a 3rd member to serve in lieu of the clerk for that election. The school district clerk shall appoint a member to fill any other temporary vacancy on the board of canvassers. The canvass shall begin no later than 9 a.m. on the Tuesday after the election, and shall continue, without adjournment, until completed. The board of canvassers may return defective returns to the municipal board of canvassers in the manner provided in s. 7.60 (3). If the board of canvassers meets before 4 p.m. on the Monday after the election and thereafter receives amended statements, tally sheets, and lists from a municipal clerk for provisional or absentee ballots that are eligible to be counted under s. 6.97 (4) or 7.515 (6) (b), the board of canvassers shall reconvene no later than 9 a.m. on the Tuesday after the election and shall adjust the returns accordingly. No later than 4 p.m. on the Tuesday after the election, the board of canvassers shall complete the canvass and shall prepare a written statement showing the numbers of votes cast for each person for each office and for and against each question and shall prepare a determination showing the names of the persons who are elected to the school board and the results of any school district referendum. Following each primary election, the board of canvassers shall prepare a statement certifying the names of the persons who have won nomination to the school board. Each statement and determination shall be attested by each of the canvassers. The board of canvassers shall file each statement and determination in the school district office. The school district clerk shall certify nominations after each primary and issue certificates of election to persons who are elected to the school board after each election in the manner provided in sub. (4).

SB295-SSA1,98 Section 98. 7.60 (1) of the statutes is amended to read:

SB295-SSA1,49,5 7.60 (1) Keep office open. On election night the county clerk shall keep the clerk's office open to receive reports from the ward inspectors and shall post all returns. On election night the clerk shall post all returns, by ward or reporting unit, on an Internet site maintained by the county no later than 2 hours after receiving the returns.

SB295-SSA1,99 Section 99 . 9.01 (1) (a) 1. of the statutes is amended to read:

SB295-SSA1,50,2 9.01 (1) (a) 1. Any candidate voted for at any election or any elector who voted upon any referendum question at any election may petition for a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass following canvassing of any valid provisional and absentee ballots under ss. 6.97 (4) and 7.515 (6) and, except as provided in this subdivision, not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question following canvassing of all valid provisional and absentee ballots or, if more than one board of canvassers makes the determination, not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination following canvassing of all valid provisional and absentee ballots. If the chairperson of the board or chairperson's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum following canvassing of all valid provisional and absentee ballots and not later than 5 p.m. on the 3rd business day following the day on which the government accountability board receives the last statement from a county board of canvassers for the election or referendum following canvassing of all valid provisional and absentee ballots.

SB295-SSA1,100 Section 100. 9.01 (1) (a) 1. of the statutes, as affected by 2015 Wisconsin Acts 118 and .... (this act), is repealed and recreated to read:

SB295-SSA1,50,23 9.01 (1) (a) 1. Any candidate voted for at any election or any elector who voted upon any referendum question at any election may petition for a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass following canvassing of any valid provisional ballots under ss. 6.97 (4) and, except as provided in this subdivision, not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question following canvassing of all valid provisional ballots or, if more than one board of canvassers makes the determination, not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination following canvassing of all valid provisional ballots. If the commission chairperson or chairperson's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum following canvassing of all valid provisional ballots and not later than 5 p.m. on the 3rd business day following the day on which the commission receives the last statement from a county board of canvassers for the election or referendum following canvassing of all valid provisional ballots.

SB295-SSA1,101 Section 101. 11.1104 (6) of the statutes, as affected by 2015 Wisconsin Act 117, is amended to read:

SB295-SSA1,51,5 11.1104 (6) Contributions paid to a segregated fund established and administered by a political party or legislative campaign committee for purposes other than making contributions to a candidate committee or making disbursements for express advocacy, except that a political action committee may contribute no more than $12,000 in any calendar year to such a fund.

SB295-SSA1,102 Section 102. 17.29 of the statutes is amended to read:

SB295-SSA1,51,12 17.29 Effect of chapter. The provisions of this chapter supersede all contrary provisions in either the general law or in special acts, except ss. 6.26 (2) (b), 6.55 (6), 6.875, and 7.30 relating to appointed election officials and ch. 321 relating to the military staff of the governor and to officers of the Wisconsin national guard or state defense force; and shall govern all offices whether created by general law or special act, unless otherwise specially provided.

SB295-SSA1,103 Section 103. 19.42 (10) (ab) of the statutes is created to read:

SB295-SSA1,51,14 19.42 (10) (ab) A member or employee of the ethics commission.

SB295-SSA1,104 Section 104. 19.42 (13) (p) of the statutes is created to read:

SB295-SSA1,51,17 19.42 (13) (p) All members of the elections commission and all members of the ethics commission.

SB295-SSA1,105 Section 105. 85.61 (1) of the statutes is amended to read:

SB295-SSA1,52,2 85.61 (1) The secretary of transportation and the administrator of the elections division of the government accountability board shall enter into an agreement to match personally identifiable information on the official registration list maintained by the government accountability board under s. 6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the administrator of the elections division of the government accountability board to verify the accuracy of the information provided for the purpose of voter registration.

SB295-SSA1,106 Section 106. 85.61 (1) of the statutes, as affected by 2015 Wisconsin Acts 118 and .... (this act), is repealed and recreated to read:

SB295-SSA1,52,12 85.61 (1) The secretary of transportation and the administrator of the elections commission shall enter into an agreement to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the administrator of the elections commission to verify the accuracy of the information provided for the purpose of voter registration.

SB295-SSA1,107 Section 107. 343.027 of the statutes is amended to read:

SB295-SSA1,52,21 343.027 Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential, except that the department shall release a signature or a facsimile of a signature to the department of revenue for the purposes of administering state taxes and collecting debt, to the government accountability board, in electronic or digital format, for the purposes specified in s. 6.30 (5), to the person to whom the signature relates, to a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, or to the driver licensing agency of another jurisdiction.

SB295-SSA1,108 Section 108. 343.027 of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:

SB295-SSA1,53,6 343.027 Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential, except that the department shall release a signature or a facsimile of a signature to the department of revenue for the purposes of administering state taxes and collecting debt, to the elections commission, in electronic or digital format, for the purposes specified in s. 6.30 (5), to the person to whom the signature relates, to a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, or to the driver licensing agency of another jurisdiction.

SB295-SSA1,109 Section 109 . Nonstatutory provisions.

SB295-SSA1,53,19 (1) No later than the 20th day following the end of each calendar quarter, the government accountability board, or the elections commission, and the department of transportation shall each report to the appropriate standing committees of the legislature in the manner provided in section 13.172 (3) of the statutes concerning its progress in implementing an electronic voter registration system. The board or commission and the department shall continue to file reports under this subsection until the board or commission determines that implementation is complete and the performance of the system is satisfactory. The board or commission and the department shall ensure that the implementation is complete and the performance of the system is satisfactory before the spring primary in 2017. The board or commission shall notify the legislative reference bureau of the date on which the implementation is complete and the performance satisfactory.

SB295-SSA1,110 Section 110. Initial applicability.

SB295-SSA1,53,24 (1) The treatment of sections 6.22 (5), 6.25 (1) (a) and (b), 6.87 (6) and (6d), 7.51 (5) (b), 7.53 (1) (a) and (3) (a), and 9.01 (1) (a) 1. (by Section 99) of the statutes first applies to elections held no earlier than 6 months after the effective date of this subsection.

SB295-SSA1,54,2 (2) The treatment of section 6.34 (3) (a) 12. of the statutes first applies to registration applications filed on the effective date of this subsection.

SB295-SSA1,111 Section 111. Effective dates. This act takes effect on the day after publication, except as follows:

SB295-SSA1,54,10 (1) The repeal and recreation of sections 5.05 (14) (b) and (c) and (18), 5.056, 5.91 (intro.), 6.24 (3), 6.30 (4) and (5), 6.33 (1) and (5) (a), 6.34 (2m) and (4), 6.35 (2), 6.36 (1) (a) (intro.), 4., and 9., (am), (b) 1. a. and (6), 6.55 (2) (cs), 6.79 (1m), 7.08 (1) (c), 7.31 (1), 7.315 (1) (a) and (3), 9.01 (1) (a) 1., 85.61 (1), and 343.027 of the statutes and the creation of section 19.42 (10) (ab) and (13) (p) of the statutes take effect on June 30, 2016.

SB295-SSA1,54,12 (2) The repeal of section 6.26 of the statutes takes effect on the day on which the legislative reference bureau receives notice under Section 109 of this act.

SB295-SSA1,54,13 (End)