AB394: Bill Text

LRB-2033/1

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1997 - 1998 LEGISLATURE

1997 Assembly BILL 394

May 27, 1997 - Introduced by Representatives M. Lehman, Olsen, Grothman, Ladwig, Musser, Plouff, Albers, Huebsch, Sykora and Vrakas, cosponsored by Senators Roessler and Moen. Referred to Committee on Elections and Constitutional Law.

AB394,1,2 An Act to amend 7.60 (2) of the statutes; relating to: the composition of county boards of canvassers.

Analysis by the Legislative Reference Bureau

Currently, a board of canvassers in each county canvasses elections for county, state and national offices, county and state referenda and certain other elections and referenda. The board consists of the county clerk and 2 other qualified electors of the county appointed by the clerk, except in counties having a population of 500,000 or more, where the board of election commissioners serves as the board of canvassers. No person may serve as a member of a board of canvassers if the person is a candidate for an office to be canvassed by that board. If the county clerk's office is vacant or if the clerk cannot perform his or her duties, the county executive or, if there is no county executive, the chairperson of the county board of supervisors designates another qualified elector of the county to serve. Also under current law, every county clerk is required to appoint one or more deputies.

This bill provides that, if a county clerk's office is vacant, if the clerk cannot perform his or her duties, or if the clerk is a candidate at an election being canvassed, the county clerk shall designate a deputy clerk to perform his or her duties. Under the bill, if the county clerk and the designated deputy clerk are both unable to perform their duties, the county executive or chairperson of the county board of supervisors designates another qualified elector to serve, as currently provided.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB394, s. 1 Section 1. 7.60 (2) of the statutes is amended to read:

AB394,2,20 7.60 (2) County board of canvassers. The county clerk and 2 qualified electors of the county appointed by the clerk constitute the county board of canvassers. The members of the board of canvassers shall serve for 2-year terms commencing on January 1 of each odd-numbered year, except that any member who is appointed to fill a permanent vacancy shall serve for the unexpired term of the original appointee. One member of the board of canvassers shall belong to a political party other than the clerk's. If the county clerk's office is vacant, or if the clerk cannot perform his or her duties or if the clerk is a candidate at an election being canvassed, the county clerk shall designate a deputy clerk to perform the clerk's duties. If the county clerk and designated deputy clerk are both unable to perform their duties, the county executive or, if there is no county executive, the chairperson of the county board of supervisors shall designate another qualified elector of the county to perform the clerk's duties. If a member other than the clerk cannot perform his or her duties, the clerk shall appoint another member to serve. No person may serve on the county board of canvassers if the person is a candidate for an office to be canvassed by that board. If lists of candidates for the county board of canvassers are submitted to the county clerk by political party county committees, the lists shall consist of at least 3 names and the clerk shall choose the board members from the lists. Where there is a county board of election commissioners, it shall serve as the board of canvassers.

AB394,2,21 (End)