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2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 941
February 24, 2022 - Offered by Representatives Spreitzer, Vruwink, Ohnstad,
Hebl, Cabrera, Considine, Andraca, Snodgrass, Shelton, Hong, Conley,
Brostoff, Subeck, S. Rodriguez, Haywood, Vining, Shankland, Hesselbein,
Baldeh, Doyle, B. Meyers, Anderson, Neubauer, Riemer, Pope, Hintz,
Ortiz-Velez and Emerson.
SB941-ASA1,1,3 1An Act to amend 5.84 (1), 5.86 (1), 6.15 (4) (b), 6.86 (1) (b), 6.87 (6), 6.88 (1), 6.88
2(3) (a) and 7.52 (1) (a); and to create 6.91, 7.52 (10) and 7.525 of the statutes;
3relating to: early canvassing of absentee ballots and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, absentee ballots may not be canvassed until election day.
This bill authorizes a municipality to adopt an ordinance providing for the
canvassing of absentee ballots on the day before an election, subject to the following
requirements:
1. The municipality must use automatic tabulating equipment to process
absentee ballots.
2. Prior to enacting an ordinance under the bill, the municipal clerk or
municipal board of election commissioners must notify the Elections Commission in
writing of the proposed enactment and must consult with the Elections Commission
concerning administration of early canvassing of absentee ballots. The ordinance
may not take effect without the approval of the Elections Commission.
3. Early canvassing of absentee ballots under the bill may be conducted only
between 7 a.m. and 8 p.m. on the day before the election, and ballots may not be
tallied until after polls close on election day.
4. Members of the public must have the same right of access to a place where
absentee ballots are being canvassed early as is provided under current law for
canvassing absentee ballots on election day.

5. When not in use, automatic tabulating equipment used for canvassing
absentee ballots and the areas where the programmed media and the absentee
ballots are housed must be secured with tamper-evident security seals in a
double-lock location such as a locked cabinet inside a locked office.
6. Subject to criminal penalty, no person may act in any manner that would give
him or her the ability to know or to provide information on the accumulating or final
results from the ballots canvassed early under the bill before the close of the polls on
election day.
7. Certain notices must be provided before each election at which the
municipality intends to canvass absentee ballots on the day before the election.
Under the bill, if a municipality passes an ordinance authorizing the early
canvassing of absentee ballots, the municipal clerk or municipal board of election
commissioners may elect to canvass ballots early for any particular election, except
as otherwise provided in the ordinance.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB941-ASA1,1 1Section 1 . 5.84 (1) of the statutes is amended to read:
SB941-ASA1,3,62 5.84 (1) Where any municipality employs an electronic voting system which
3that utilizes automatic tabulating equipment, either at the polling place or at a
4central counting location,
the municipal clerk shall, on any day not more than 10
5days prior to the election day on which the equipment is to be utilized in an election,
6have the equipment tested to ascertain that it will correctly count the votes cast for
7all offices and on all measures. Public notice of the time and place of the test shall
8be given by the clerk at least 48 hours prior to the test by publication of a class 1 notice
9under ch. 985 in one or more newspapers published within the municipality if a
10newspaper is published therein, otherwise in a newspaper of general circulation
11therein. The test shall be open to the public. The test shall be conducted by
12processing a preaudited group of ballots so marked as to record a predetermined
13number of valid votes for each candidate and on each referendum. The test shall
14include for each office one or more ballots which that have votes in excess of the

1number allowed by law and, for a partisan primary election, one or more ballots
2which have votes cast for candidates of more than one recognized political party, in
3order to test the ability of the automatic tabulating equipment to reject such votes.
4If any error is detected, the municipal clerk shall ascertain the cause and correct the
5error. The clerk shall make an errorless count before the automatic tabulating
6equipment is approved by the clerk for use in the election.
SB941-ASA1,2 7Section 2 . 5.86 (1) of the statutes is amended to read:
SB941-ASA1,3,248 5.86 (1) All proceedings at each central counting location shall be under the
9direction of the municipal clerk or an election official designated by the clerk unless
10the central counting location is at the county seat and the municipal clerk delegates
11the responsibility to supervise the location to the county clerk
, in which case the
12proceedings shall be under the direction of the county clerk or an election official
13designated by the county clerk. If for any municipality the central counting location
14is at the county seat and the municipality authorizes or elects the early canvassing
15of absentee ballots under s. 7.525, the county clerk or the county clerk's designee
16shall begin the proceedings for that municipality on the day before the election
17consistent with the requirements under s. 7.525.
Unless election officials are
18selected under s. 7.30 (4) (c) without regard to party affiliation, the employees at each
19central counting location, other than any specially trained technicians who are
20required for the operation of the automatic tabulating equipment, shall be equally
21divided between members of the 2 major political parties under s. 7.30 (2) (a) and all
22duties performed by the employees shall be by teams consisting of an equal number
23of members of each political party whenever sufficient persons from each party are
24available.
SB941-ASA1,3 25Section 3 . 6.15 (4) (b) of the statutes is amended to read:
SB941-ASA1,4,7
16.15 (4) (b) During polling hours, or between 7 a.m. and 8 p.m. on the day before
2the election if authorized or elected for that election under s. 7.525,
the inspectors
3shall open each carrier envelope, announce the elector's name, check the affidavit for
4proper execution, and check the voting qualifications for the ward, if any. In
5municipalities where absentee ballots are canvassed under s. 7.52, the municipal
6board of absentee ballot canvassers shall perform this function at a meeting of the
7board of absentee ballot canvassers.
SB941-ASA1,4 8Section 4 . 6.86 (1) (b) of the statutes is amended to read:
SB941-ASA1,5,89 6.86 (1) (b) Except as provided in this section, if application is made by mail,
10the application shall be received no later than 5 p.m. on the 5th day immediately
11preceding the election. If application is made in person, the application shall be
12made no earlier than 14 days preceding the election and no later than the Sunday
13preceding the election. No application may be received on a legal holiday. A
14municipality shall specify the hours in the notice under s. 10.01 (2) (e). The
15municipal clerk or an election official shall witness the certificate for any in-person
16absentee ballot cast. Except as provided in par. (c), if the elector is making written
17application for an absentee ballot at the partisan primary, the general election, the
18presidential preference primary, or a special election for national office, and the
19application indicates that the elector is a military elector, as defined in s. 6.34 (1), the
20application shall be received by the municipal clerk no later than 5 p.m. on election
21day. If the application indicates that the reason for requesting an absentee ballot is
22that the elector is a sequestered juror, the application shall be received no later than
235 p.m. on election day. If the application is received after 5 p.m. on the Friday
24immediately preceding the election, the municipal clerk or the clerk's agent shall
25immediately take the ballot to the court in which the elector is serving as a juror and

1deposit it with the judge. The judge shall recess court, as soon as convenient, and
2give the elector the ballot. The judge shall then witness the voting procedure as
3provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who
4shall deliver it to the polling place election inspectors of the proper ward or election
5district
or, in municipalities where absentee ballots are canvassed under s. 7.52, to
6the municipal clerk as required in s. 6.88. If application is made under sub. (2) or
7(2m), the application may be received no later than 5 p.m. on the Friday immediately
8preceding the election.
SB941-ASA1,5 9Section 5 . 6.87 (6) of the statutes is amended to read:
SB941-ASA1,5,1610 6.87 (6) The ballot shall be returned so it is delivered to the polling place
11election inspectors of the proper ward or election district no later than 8 p.m. on
12election day. Except in municipalities where absentee ballots are canvassed under
13s. 7.52, if the municipal clerk receives an absentee ballot on election day, the clerk
14shall secure the ballot and cause the ballot to be delivered to the polling place serving
15the elector's residence before 8 p.m. Any ballot not mailed or delivered as provided
16in this subsection may not be counted.
SB941-ASA1,6 17Section 6 . 6.88 (1) of the statutes is amended to read:
SB941-ASA1,6,818 6.88 (1) When an absentee ballot arrives at the office of the municipal clerk,
19or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it,
20unopened, in a carrier envelope which shall be securely sealed and endorsed with the
21name and official title of the clerk, and the words “This envelope contains the ballot
22of an absent elector and must be opened in the same room where votes are being cast
23at the polls during polling hours on election day or, in municipalities where absentee
24ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of
25absentee ballot canvassers under s. 7.52, stats
only as provided by law." If the elector

1is a military elector, as defined in s. 6.34 (1), or an overseas elector, regardless of
2whether the elector qualifies as a resident of this state under s. 6.10, and the ballot
3was received by the elector by facsimile transmission or electronic mail and is
4accompanied by a separate certificate, the clerk shall enclose the ballot in a
5certificate envelope and securely append the completed certificate to the outside of
6the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep
7the ballot in the clerk's office or at the alternate site, if applicable until delivered, as
8required in sub. (2).
SB941-ASA1,7 9Section 7 . 6.88 (3) (a) of the statutes is amended to read:
SB941-ASA1,7,1210 6.88 (3) (a) Except in municipalities where absentee ballots are canvassed
11under s. 7.52, at any time between the opening and closing of the polls on election day,
12or between 7 a.m. and 8 p.m. on the day before the election if authorized or elected
13for that election under s. 7.525,
the inspectors shall, in the same room where votes
14are being cast, or in the place where absentee ballots are being canvassed early under
15s. 7.525
, in such a manner that members of the public can hear and see the
16procedures, open the carrier envelope only, and announce the name of the absent
17elector or the identification serial number of the absent elector if the elector has a
18confidential listing under s. 6.47 (2). When the inspectors find that the certification
19has been properly executed, the applicant is a qualified elector of the ward or election
20district, and the applicant has not voted in the election, they the inspectors shall
21enter an indication on the poll list next to the applicant's name indicating an
22absentee ballot is cast by the elector. They The inspectors shall then open the
23envelope containing the ballot in a manner so as not to deface or destroy the
24certification thereon. The inspectors shall take out the ballot without unfolding it
25or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95,

1the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If
2the poll list indicates that proof of residence under s. 6.34 is required and proof of
3residence is enclosed, the inspectors shall enter both the type of identifying
4document submitted by the absent elector and the name of the entity or institution
5that issued the identifying document on the poll list in the space provided. If the poll
6list indicates that proof of residence under s. 6.34 is required and no proof of
7residence is enclosed or the name or address on the document that is provided is not
8the same as the name and address shown on the poll list, the inspectors shall proceed
9as provided under s. 6.97 (2). The inspectors shall then deposit the ballot into the
10proper ballot box and enter the absent elector's name or voting number after his or
11her name on the poll list in the same manner as if the elector had been present and
12voted in person.
SB941-ASA1,8 13Section 8 . 6.91 of the statutes is created to read:
SB941-ASA1,7,19 146.91 Place for challenging an elector. The vote of any elector, including an
15absent elector, may be challenged as provided under this subchapter at the polling
16place, at the municipal clerk's office, at an in-person absentee voting location during
17the period for making an in-person application for an absentee ballot under s. 6.86
18(1) (b), at a location where the early canvassing of absentee ballots is being conducted
19under s. 7.525, or at a central count location.
SB941-ASA1,9 20Section 9 . 7.52 (1) (a) of the statutes is amended to read:
SB941-ASA1,8,1521 7.52 (1) (a) The governing body of any municipality may provide by ordinance
22that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
23municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,
24at each election held in the municipality, canvass all absentee ballots received by the
25municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this

1subsection, the municipal clerk or board of election commissioners of the
2municipality shall notify the elections commission in writing of the proposed
3enactment and shall consult with the elections commission concerning
4administration of this section. At every election held in the municipality following
5enactment of an ordinance under this subsection, the board of absentee ballot
6canvassers shall, any time after the opening of the polls, or between 7 a.m. and 8 p.m.
7on the day before the election if authorized or elected for that election under s. 7.525,

8and before 10 p.m. on election day, publicly convene to count the absentee ballots for
9the municipality. The municipal clerk shall give at least 48 hours' notice of any
10meeting under this subsection. Any member of the public has the same right of
11access to a meeting of the municipal board of absentee ballot canvassers under this
12subsection that the individual would have under s. 7.41 to observe the proceedings
13at a polling place. The board of absentee ballot canvassers may order the removal
14of any individual exercising the right to observe the proceedings if the individual
15disrupts the meeting.
SB941-ASA1,10 16Section 10 . 7.52 (10) of the statutes is created to read:
SB941-ASA1,8,1917 7.52 (10) If, subject to s. 7.525, absentee ballots begin being canvassed under
18this section on the day before the election, no action under subs. (4) to (8) may be
19performed before election day.
SB941-ASA1,11 20Section 11 . 7.525 of the statutes is created to read:
SB941-ASA1,9,2 217.525 Early canvassing of absentee ballots. (1) Ordinance authorizing
22early canvassing; requirements.
(a) 1. The governing body of any municipality that
23uses automatic tabulating equipment to process absentee ballots may provide by
24ordinance that absentee ballots received by the municipal clerk may begin being
25canvassed on the day before an election. Unless the ordinance provides otherwise,

1the municipal clerk or municipal board of election commissioners may elect to begin
2canvassing ballots early under this section in any election.
SB941-ASA1,9,73 2. Prior to enacting an ordinance under subd. 1., the municipal clerk or
4municipal board of election commissioners shall notify the elections commission in
5writing of the proposed enactment and shall consult with the elections commission
6concerning administration of this section. No ordinance under subd. 1. may take
7effect unless approved by the elections commission.
SB941-ASA1,9,108 (b) Ballots may be canvassed early under this section only between 7 a.m. and
98 p.m. on the day before the election and may not be tallied until after the polls close
10on election day.
SB941-ASA1,9,1311 (c) Any member of the public has the same right of access to a place where
12absentee ballots are being canvassed early under this section that the individual
13would have under s. 7.41 to observe the proceedings at a polling place.
SB941-ASA1,9,1714 (d) When not in use, automatic tabulating equipment used for purposes of this
15section and the areas where the programmed media, memory devices, and ballots are
16housed shall be secured with tamper-evident security seals in a double-lock location
17such as a locked cabinet inside a locked office.
SB941-ASA1,9,2118 (e) No person may act in any manner that would give him or her the ability to
19know or to provide information on the accumulating or final results from the ballots
20canvassed early under this section before the close of the polls on election day. A
21person who violates this paragraph is guilty of a Class I felony.
SB941-ASA1,9,23 22(2) Notice requirements. Absentee ballots may not begin being canvassed
23early under this section for any election unless all of the following apply:
SB941-ASA1,9,2524 (a) At least 70 days before an election, the municipal clerk or executive director
25of the municipal board of election commissioners notifies in writing to the county

1clerk or executive director of the county board of election commissioners that early
2canvassing of absentee ballots will take place in the election.
SB941-ASA1,10,43 (b) The notice under s. 10.01 (2) (e) specifies the date and time during which,
4and each location where, the early canvassing of absentee ballots will be conducted.
SB941-ASA1,12 5Section 12. Initial applicability.
SB941-ASA1,10,66 (1) This act first applies to the August 9, 2022, primary election.
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