February 24, 1997 - Introduced by Representatives Otte, Underheim, Baldwin,
Handrick, Ryba, Ainsworth, Zukowski, Musser, Huebsch, Owens, Olsen
and
Goetsch, cosponsored by Senators Risser, Wineke and Weeden. Referred to
Committee on Elections and Constitutional Law.
AB142,1,3 1An Act to amend 5.85 (2) and (3), 5.85 (5), 5.86 (1), 6.875 (4), 7.30 (1) and (2) (b)
2and (c), 7.30 (4) (a), 7.30 (4) (c), 7.30 (4) (d), 7.51 (4) (a) and 60.24 (3) (a) of the
3statutes; relating to: the method of selection of election officials.
Analysis by the Legislative Reference Bureau
Currently, party committeemen and committeewomen, if any, may nominate to
municipalities individuals to serve as election inspectors (poll workers) and special
voting deputies at certain nursing and retirement homes and community-based
residential facilities. Under the appointment procedure for election inspectors, a
committeeman or committeewoman submits a number of nominees equal to the
number of inspectors to be appointed. A committeeman or committeewoman may
designate any individual as a first choice nominee. The municipal governing body
or board of election commissioners must appoint every first choice nominee unless
the governing body or board of election commissioners obtains permission from the
state elections board not to appoint the nominee. The elections board may only
permit nonappointment if a showing of good cause is made. A municipality's request
for nonappointment may be contested and is subject to notice and hearing under the
state administrative procedure act. The decision of the elections board may be
appealed to circuit court. Regardless of whether nominees are submitted to a
municipality by a committeeman or committeewoman, all election inspectors must
be designated to represent one of the 2 political parties whose candidate for president
or governor received the greatest number of votes in the area served by the polling
place at the most recent general election, with the party whose candidate received

the greatest number of votes entitled to be represented by one more inspector than
the other party. Appointees serve for 2-year terms. Vacancies are filled by the
municipal clerk or board of election commissioners of each municipality in the same
manner that original appointments are made.
This bill provides that whenever there are an insufficient number of nominees
submitted to a municipality by the appropriate party committeemen and
committeewomen, the municipality may appoint election inspectors or special voting
deputies without regard to party affiliation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB142, s. 1 1Section 1. 5.85 (2) and (3) of the statutes are amended to read:
AB142,3,152 5.85 (2) The election officials shall examine the ballots or record of votes cast
3for write-in votes and shall count and tabulate the write-in votes. When an
4electronic voting system is used which utilizes a ballot which is distributed to
5electors, before separating the remaining ballot cards from their respective covering
6envelopes, the election officials shall examine the ballots for write-in votes. When
7an elector has cast a write-in vote, the election officials shall compare the write-in
8vote with the votes on the ballot to determine whether the write-in vote results in
9an overvote for any office. In case of an overvote for any office, the election officials,
10consisting in each case of at least one election official of each of the 2 major political
11parties, whenever officials of both parties are present,
shall make a true duplicate
12ballot of all votes on the ballot card except for the office which is overvoted, by using
13the ballot label booklet and voting device for the ward, if any, and one of the punching
14or marking devices so as to transfer all votes of the elector except for the office
15overvoted, to an official ballot of that kind used in the ward at that election. Unless
16election officials are selected under s. 7.30 (4) (c) without regard to party affiliation,
17the election officials shall consist in each case of at least one election official of each
18of the 2 major political parties, whenever officials of both parties are present.


1Write-in votes shall be counted as provided in s. 7.50 (2) (d). The original ballot upon
2which there is an overvote shall be clearly labeled "Overvoted Ballot" and the ballot
3so produced "Duplicate Overvoted Ballot", and each shall bear the same serial
4number which shall be placed thereon by the election officials, commencing with
5number "1" and continuing consecutively for each of the ballots of that kind in that
6ward. The election officials shall initial the "Duplicate Overvoted Ballot" ballots and
7shall place them in the container for return of the ballots. The "Overvoted Ballot"
8ballots and their envelopes shall be placed in the "Original Ballots" envelope. Ballots
9bearing write-in votes marked in the place designated therefor and bearing the
10initials of an election official and not resulting in an overvote and otherwise
11complying with the election laws as to marking shall be counted, tallied, and their
12votes recorded on a tally sheet provided by the municipal clerk. Ballot cards and
13ballot card envelopes shall be separated and all ballots except any which are
14defective or overvoted shall be placed separately in the container for return of the
15ballots, along with the ballots marked "Duplicate Overvoted Ballots".
AB142,4,9 16(3) The election officials shall examine the ballots to determine if any is
17damaged or defective so that it cannot be counted by the automatic tabulating
18equipment. If any ballot is damaged or defective so that it cannot be properly counted
19by the automatic tabulating equipment, the election officials, consisting in each case
20of at least one official of each of the 2 major political parties whenever present,
in the
21presence of witnesses, shall make a true duplicate ballot of all votes on that ballot
22by using the ballot label booklet and voting device for the ward, if any, and one of the
23punching or marking devices so as to transfer all votes of the elector to an official
24ballot of that kind used in the ward in that election. Unless election officials are
25selected under s. 7.30 (4) (c) without regard to party affiliation, the election officials

1shall consist in each case of at least one election official of each of the 2 major political
2parties, whenever officials of both parties are present.
The original ballot shall be
3clearly labeled "Damaged Ballot" and the ballot so produced "Duplicate Damaged
4Ballot", and each shall bear the same number which shall be placed thereon by the
5election officials, commencing with number "1" and continuing consecutively for the
6ballots of that kind in the ward. The election officials shall initial the "Duplicate
7Damaged Ballot" ballots, and shall place them in the container for return of the
8ballots. The officials shall place "Damaged Ballot" ballots and their envelopes in the
9"Original Ballots" envelope.
AB142, s. 2 10Section 2. 5.85 (5) of the statutes is amended to read:
AB142,5,511 5.85 (5) If the municipality has designated a central counting location to be
12used to count ballots under s. 7.51 (1), the inspectors shall count and deposit the
13paper ballots in the container. The inspectors shall then place the slip made out
14under sub. (4) in the container. The inspectors shall also place the tally sheet
15recording the write-in votes and other votes cast on paper ballots, and all other
16ballots, or the record of the votes cast on an electronic voting system where no ballots
17are distributed to electors, in the container and shall thereupon immediately seal the
18container with an adhesive seal provided by the municipal clerk for the purpose in
19such manner that the seal completely covers the opening in the container, and each
20of the inspectors shall sign the seal. The "Defective Ballots" envelope, and "Original
21Ballots" envelope each shall be securely sealed and the flap or end thereof of each
22signed by the inspectors and returned to the central counting location with the box
23for return of the ballots, enclosed ballots and returns. Thereupon, the municipal
24clerk or 2 of the election officials, of different political parties whenever officials of
25both parties are present,
shall forthwith and by the most direct route transport the

1container and envelopes to the central counting location designated by the municipal
2clerk. Unless election officials are selected under s. 7.30 (4) (c) without regard to
3party affiliation, the election officials shall consist in each case of at least one election
4official of each of the 2 major political parties, whenever officials of both parties are
5present.
AB142, s. 3 6Section 3. 5.86 (1) of the statutes is amended to read:
AB142,5,187 5.86 (1) All proceedings at the central counting location shall be under the
8direction of the municipal clerk unless the central counting location is at the county
9seat and the municipal clerk delegates the responsibility to supervise the location to
10the county clerk. Except for any specially trained technicians required for the
11operation of the automatic tabulating equipment
Unless election officials are
12selected under s. 7.30 (4) (c) without regard to party affiliation
, the employes at the
13central counting location, other than any specially trained technicians who are
14required for the operation of the automatic tabulating equipment,
shall be equally
15divided between members of the 2 major political parties under s. 7.30 (2) (a) and all
16duties performed by the employes shall be by teams consisting of an equal number
17of members of each political party whenever sufficient persons from each party are
18available.
AB142, s. 4 19Section 4. 6.875 (4) of the statutes is amended to read:
AB142,6,1920 6.875 (4) For the purpose of absentee voting in nursing homes and qualified
21retirement homes and qualified community-based residential facilities, the
22municipal clerk or board of election commissioners of each municipality in which one
23or more nursing homes or qualified retirement homes or qualified community-based
24residential facilities are located shall appoint at least 2 special voting deputies for
25the municipality in the manner prescribed in s. 7.30 (4). Upon application under s.

16.86 (1) or (2) by one or more qualified electors who are occupants of such a nursing
2home or qualified retirement home or qualified community-based residential
3facility, the clerk or board of election commissioners shall dispatch 2 special voting
4deputies to visit the home or qualified community-based residential facility for the
5purpose of supervising absentee voting procedure by occupants of the home or
6qualified community-based residential facility. The 2 deputies designated to visit
7each nursing home or qualified retirement home and qualified community-based
8residential facility shall be affiliated with different political parties whenever
9deputies representing different parties are available. Nominations for deputy
10positions shall may be submitted by the 2 recognized political parties whose
11candidates for governor or president received the greatest numbers of votes in the
12municipality at the most recent general election. The deputies shall be specially
13appointed to carry out duties under this section for the period specified in s. 7.30 (6)
14(a). The clerk or board of election commissioners may revoke an appointment at any
15time. No individual who is employed or retained, or within the 2 years preceding
16appointment has been employed or retained at a nursing home or qualified
17retirement home or qualified community-based residential facility in the
18municipality, or any member of the immediate family of such an individual as defined
19in s. 19.42 (7), may be appointed to serve as a deputy.
AB142, s. 5 20Section 5. 7.30 (1) and (2) (b) and (c) of the statutes are amended to read:
AB142,7,621 7.30 (1) Number. There shall be 7 inspectors for each polling place at each
22election. In municipalities where voting machines are used, the municipal governing
23body may reduce the number of inspectors to 5. A municipal governing body may
24provide for the appointment of additional inspectors whenever more than one voting
25machine is used or wards are combined under s. 5.15 (6) (b). A municipal governing

1body may provide by ordinance for the selection of alternate officials or the selection
2of 2 sets of officials to work at different times on election day. Additional Unless
3officials are appointed without regard to party affiliation under sub. (4) (c),
4additional
officials shall be appointed in such a manner that the total number of
5officials is an odd number and the predominant party under sub. (2) is represented
6by one more official than the other party.
AB142,7,17 7(2) (b) When a vacancy occurs, the appointment vacancy shall be filled by
8appointment of the municipal clerk. The vacancy shall be filled from the remaining
9names on the lists submitted under sub. (4) or from additional names submitted by
10the chairperson of the county party committee of the appropriate party under sub.
11(4) whenever names are submitted under sub. (4) (d). If the vacancy is due to
12candidacy, sickness or any other temporary cause, the appointment shall be a
13temporary appointment and effective only for that the election at which the
14temporary vacancy occurs
. The same qualifications shall be required , but of persons
15who fill
vacancies. Vacancies may be filled in cases of emergency or because of time
16limitations by a person from another aldermanic district or ward within the
17municipality so the proper balance of party representation is maintained.
AB142,7,2118 (c) The governing body of any municipality may require all persons named on
19the party lists for
serving as election officials to prove their ability to read and write
20English and to have a general knowledge of the election laws. Examinations may be
21given to prove the qualifications can be met.
AB142, s. 6 22Section 6. 7.30 (4) (a) of the statutes is amended to read:
AB142,8,423 7.30 (4) (a) Except in cities where there is a board of election commissioners,
24the mayor, president or board chairperson of each municipality shall nominate to the
25governing body no later than their last regular meeting in December of each

1even-numbered year the necessary election officials for each election ward polling
2place
. If no regular meeting is scheduled, the mayor, president or chairperson shall
3call a special meeting for the purpose of considering nominations no later than
4December 31.
AB142, s. 7 5Section 7. 7.30 (4) (c) of the statutes is amended to read:
AB142,8,216 7.30 (4) (c) For so long as nominees are made available by the political parties
7under this section, appointments may be made only from the lists of submitted
8nominees. If the lists are not submitted by November 30 of the year in which
9appointments are to be made, the board of election commissioners shall appoint, or
10the mayor, president or chairperson of a municipality shall nominate qualified
11persons whose names have not been submitted. If an insufficient number of
12nominees appears on the lists as of November 30, the board of election commissioners
13shall similarly appoint, or the mayor, president or chairperson shall similarly
14nominate sufficient individuals to fill the remaining vacancies. If an official is
15appointed whose name was not submitted on the lists, the official shall be affiliated
16with or designated by the appointing authority to represent one of the 2 parties that
17are entitled to submit lists. An official who is affiliated with one party may not be
18designated to represent a different party, unless the municipal clerk first makes a
19good faith effort to appoint an official who is affiliated with the represented party.

20Any appointment which is made due to the lack of availability of names submitted
21under par. (b) may be made without regard to party affiliation.
AB142, s. 8 22Section 8. 7.30 (4) (d) of the statutes is amended to read:
AB142,9,623 7.30 (4) (d) A party committee or aldermanic district or village committeeman
24or committeewoman under s. 8.17 may submit additional names for inclusion in its
25list of nominations under this section at any time. Whenever there are no available

1names on any list, the board of election commissioners or the mayor, president or
2chairman of the municipality shall so notify the chairman of the appropriate party
3committee or the appropriate aldermanic district or village committeeman or
4committeewoman under s. 8.17
for the purpose of filling vacancies that occur during
5a term of office
. However, an appointment need at no time be delayed because of the
6lack of availability of party nominees.
AB142, s. 9 7Section 9. 7.51 (4) (a) of the statutes is amended to read:
AB142,9,218 7.51 (4) (a) The tally sheets shall state the total number of votes cast for each
9office and for each individual receiving votes for that office, whether or not the
10individual's name appears on the ballot, and shall state the vote for and against each
11proposition voted on. Upon completion of the tally sheets, the inspectors shall
12immediately complete inspectors' statements in duplicate. The inspectors shall state
13the excess by which the number of ballots exceeds the number of electors voting as
14shown by the poll or registration list, if any, and shall state the number of the last
15elector as shown by the registration or poll lists. At least 3 inspectors, including the
16chief inspector and, unless election officials are appointed under s. 7.30 (4) (c)
17without regard to party affiliation,
at least one inspector representing each political
18party, shall then certify to the correctness of the statements and tally sheets and sign
19their names. All other election officials assisting with the tally shall also certify to
20the correctness of the tally sheets. When the tally is complete, the inspectors shall
21publicly announce the results from the statements.
AB142, s. 10 22Section 10. 60.24 (3) (a) of the statutes is amended to read:
AB142,10,3
160.24 (3) (a) Nominate individuals for service as election officials when to the
2town board whenever
the town board disapproves the nominee of a party committee
3under s. 7.30 (4) (b) 2 and the names of additional nominees are not available.
AB142,10,44 (End)
Loading...
Loading...