AB434: Bill Text

AB434,26,18 5.655 Special consolidated paper ballot. (1) Whenever a municipality employing paper ballots is required to utilize separate ballots for certain offices or referenda at an election, the municipality may, with the approval of the county clerk or board of election commissioners of each county in which there is located any portion of the municipality where one or more electors reside, substitute a ballot that is utilized with an electronic voting system by any municipality that is located in any such county, if the ballot contains all of the applicable information required to be provided for paper ballots at that election. On such a ballot, there shall appear all offices and referenda on which votes are to be cast at the election. Such a ballot may only be distributed to electors who are eligible to vote for all of the offices and in all of the referenda appearing on the ballot. The municipality shall utilize separate ballots to the extent required to permit participation in an election by those electors of the municipality who are not authorized to vote for all offices and in all referenda.

AB434,26,21 (2) The board shall require the same notices and instructions to be given to electors who use a ballot that is authorized under sub. (1) as are provided to electors who use the same ballot with an electronic voting system, insofar as applicable.

AB434, s. 43 Section 43. 5.81 (2) of the statutes is amended to read:

AB434,27,11 5.81 (2) When an electronic voting system utilizes a ballot label booklet and ballot card, ballots for candidates and ballots on referenda may be placed on the voting device by providing in the ballot booklet separate ballot label pages or series of pages distinguished by differing colors. Whenever practicable, all candidates for the same office shall appear in the booklet on the same page or facing pages. More than one question may be placed on the same ballot page or series of pages. In elections where provision is made for straight party voting by marking a party circle, the designation of the political parties for straight party voting shall be on a separate page on which no names of candidates may appear. On each succeeding page of the candidate booklet, where the ballot information is listed vertically, the party affiliation of each candidate or the designation "independent" or the candidate's statement of principles, if any, shall appear immediately to the left of next to the candidate's name, and the name of candidates for the same office shall be listed vertically under the title of that office.

AB434, s. 44 Section 44. 6.15 (3) (b) of the statutes is amended to read:

AB434,27,23 6.15 (3) (b) Election day. An eligible elector may appear at the polling place for the ward or election district where he or she resides and make application for a ballot under sub. (2). In such case, the inspector or special registration deputy shall perform the duties of the municipal clerk. The elector shall provide identification. If the elector is qualified, he or she shall be permitted to vote. The elector shall mark or punch the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and shall deposit the ballot in the ballot box or give it to the inspector. The inspector shall deposit it directly in the ballot box. Voting machines or ballots utilized with electronic voting systems may only be used by electors voting under this section if they permit voting for president and vice president only.

AB434, s. 45 Section 45 . 6.24 (1), (2) and (3) of the statutes are amended to read:

AB434,28,7 6.24 (1) Definition. In this section, "overseas elector" means a U.S. citizen who is not disqualified from voting under s. 6.03, who has attained or will attain the age of 18 by the date of an election at which the citizen proposes to vote and who does not qualify as a resident of this state under s. 6.10, but who was last domiciled in this state or whose parent was last domiciled in this state immediately prior to the parent's departure from the United States, and who is not registered to vote or voting in any other state, territory or possession.

AB434,28,13 (2) Eligibility. An overseas elector under sub. (1) may vote in any election for national office, including the September primary and presidential preference primary and any special primary or election. Such elector may not vote in an election for state or local office. An overseas elector shall vote in the ward or election district in which he or she the elector was last domiciled or in which the elector's parent was last domiciled prior to departure from the United States.

AB434,28,19 (3) Registration. If registration is required in the municipality where the overseas elector resides resided or where the elector's parent resided, the elector shall register on a form prescribed by the board designed to ascertain the elector's qualifications under this section. The form shall be substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (3).

AB434, s. 46 Section 46. 6.24 (5) of the statutes is amended to read:

AB434,28,25 6.24 (5) Ballots. The board shall prescribe a special ballot for use under this section whenever necessary. Official ballots under ss. 5.60 (8) and 5.64 (3) prescribed for use in the presidential preference primary may also be used. The ballot shall be designed to comply with the requirements of prescribed under ss. 5.60 (8), 5.62 and 5.64 (1) insofar as applicable. All ballots shall be limited to national offices only.

AB434, s. 47 Section 47. 6.275 (1) (c) of the statutes is amended to read:

AB434,29,4 6.275 (1) (c) Where registration applies, the total number of electors of the municipality residing in that county who registered after the close of registration and prior to the day of the primary or election under s. ss. 6.28 (1) and 6.29.

AB434, s. 48 Section 48. 6.28 (1) of the statutes is amended to read:

AB434,29,24 6.28 (1) Registration locations; deadline. Registration Except as authorized in ss. 6.29 and 6.55 (2), registration in person for any election shall close at 5 p.m. on the 2nd Wednesday preceding the election. Registrations made by mail under s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked no later than the 2nd Wednesday preceding the election. An application for registration in person or by mail may be accepted for placement on the registration list after the specified deadline, if the municipal clerk determines that the registration list can be revised to incorporate the registration in time for the election. All applications for registration corrections and additions may be made throughout the year at the office of the city board of election commissioners, at the office of the municipal clerk, at the office of any register of deeds or at other locations provided by the board of election commissioners or the common council in cities over 500,000 population or by either or both the municipal clerk, or the common council, village or town board in all other municipalities and may also be made during the school year at any high school by qualified persons under sub. (2) (a). Other registration locations may include but are not limited to fire houses, police stations, public libraries, institutions of higher education, supermarkets, community centers, plants and factories, banks, savings and loan associations and savings banks. Special registration deputies shall be appointed for all locations.

AB434, s. 49 Section 49. 6.29 (1) of the statutes is amended to read:

AB434,30,4 6.29 (1) No names may be added to a registration list for any election after the close of registration, except as authorized under this section or s. 6.28 (1) or 6.55 (2) or (3). Any person whose name is not on the registration list but who is otherwise a qualified elector is entitled to vote at the election upon compliance with this section.

AB434, s. 50 Section 50. 6.30 (3) (c) of the statutes is amended to read:

AB434,30,12 6.30 (3) (c) The elector shall return the registration form to the clerk of the municipality where the elector resides. The form shall be prepostpaid for return when mailed at any point within the United States. To be eligible to vote in an election the form shall be received by the clerk prior to the close of the clerk's office on the registration deadline date for that election, unless the clerk accepts the form for placement on the registration list after the deadline date as provided in s. 6.28 (1).

AB434, s. 51 Section 51. 6.77 (2) of the statutes is amended to read:

AB434,30,17 6.77 (2) Whenever Except as provided in sub. (3), whenever territory which was formerly a part of one municipality becomes a part of another municipality, an elector of the territory shall vote in the municipality in which the territory is included on the day of the election.

AB434, s. 52 Section 52. 6.77 (3) of the statutes is created to read:

AB434,30,22 6.77 (3) Whenever territory which was formerly a part of one municipality becomes a part of another municipality less than 10 days prior to the election, an elector of the territory shall vote in the municipality in which the territory was formerly included.

AB434, s. 53 Section 53. 6.79 (intro.) of the statutes is amended to read:

AB434,31,5 6.79 Recording electors. (intro.) Two election officials at each election ward shall be in charge of and shall maintain 2 separate lists of all persons voting. The municipal clerk may elect to maintain the information on the poll list manually or electronically. If the list is maintained electronically, the officials shall enter the information into an electronic data recording system that enables retrieval of a printed copy of the poll list at the polling place. The system employed is subject to the approval of the board.

AB434, s. 54 Section 54. 6.79 (1) of the statutes is amended to read:

AB434,31,23 6.79 (1) Municipalities without registration. Where there is no registration, before being permitted to vote, each person shall state his or her full name and address. The officials shall record enter each name and address on a poll list in the same order as the votes are cast. If the residence of the elector does not have a number, the election officials shall, in the appropriate space, write enter "none". Alternatively, the municipal clerk may maintain a poll list consisting of the full name and address of electors compiled from previous elections. Whenever an elector appears to vote, the officials shall verify the correctness of the elector's name and address, and shall enter a serial number next to the name of the elector in the order that the votes are cast, beginning with the number one. If the name and address of an elector do not appear on the prepared poll list, the officials shall record enter the name, address and serial number of the elector at the bottom of the list. The officials may require any elector to provide identification, including acceptable proof of residence, or to have another elector corroborate his or her information in accordance with the procedure specified in s. 6.55 (2) (b) before permitting the elector to vote. The officials shall maintain a separate list of those persons voting under ss. 6.15 and 6.24.

AB434, s. 55 Section 55. 6.79 (2) of the statutes is amended to read:

AB434,32,9 6.79 (2) Municipalities with registration. Where there is registration, each person, before receiving a voting number, shall state his or her full name and address. Upon the prepared registration list, after the name of each elector, the officials shall enter the serial number of the vote as it is polled, beginning with number one. Each elector shall receive a slip bearing the same serial number. A separate list shall be maintained for electors who are voting under s. 6.15, 6.29 or 6.55 (2) or (3) and electors who are reassigned from another polling place under s. 5.25 (5) (b). Each such elector shall have his or her full name, address and serial number likewise recorded entered and shall be given a slip bearing such number.

AB434, s. 56 Section 56. 6.79 (5) of the statutes is amended to read:

AB434,32,15 6.79 (5) Poll list forms format. Poll lists shall be kept on forms designed or in an electronic format prescribed by the board to be substantially similar to the standard registration list forms used in municipalities where registration is required and shall require, for each person offering to vote, the entry of the person's full name and address.

AB434, s. 57 Section 57. 6.80 (2) (e) and (f) of the statutes are amended to read:

AB434,32,19 6.80 (2) (e) Upon voting his or her ballot, the elector shall publicly and in person deposit it in into the ballot box or deliver it to an inspector for, who shall deposit the ballot in into the ballot box.

AB434,33,6 (f) In the presidential preference primary and other partisan primary elections at polling places where ballots are distributed to electors, unless the ballots are utilized with an electronic voting system in which all candidates appear on the same ballot, after the elector prepares his or her ballot the elector shall detach the remaining ballots, fold the ballots to be discarded, and fold the completed ballot unless the ballot is intended for counting with automatic tabulating equipment,. The elector shall then either personally deposit the ballots to be discarded in into the separate ballot box marked "blank ballot box", and deposit the completed ballot in into the ballot box indicated by the inspectors, or give the ballots to an inspector who shall deposit the ballots directly into the appropriate ballot boxes. The inspectors shall keep the blank ballot box locked until the canvass is completed and shall dispose of the blank ballots as prescribed by the municipal clerk.

AB434, s. 58 Section 58. 6.85 of the statutes is amended to read:

AB434,33,19 6.85 Absent elector; definition. An absent elector is any otherwise qualified elector who is or expects to be absent from the municipality in which the absent elector is a qualified elector on election day whether by reason of active service in the U.S. armed forces or for any other reason, or who because of age, sickness, handicap, physical disability, jury duty, service as an election official or religious reasons cannot is unable or unwilling to appear at the polling place in his or her ward. No person under the age of 70 qualifies as an absent elector solely because of age. Any otherwise qualified elector who changes residence within this state by moving to a different ward or municipality later than 10 days prior to an election may vote an absentee ballot in the ward or municipality where he or she was qualified to vote before moving. An elector qualifying under this section may vote by absentee ballot under ss. 6.86 to 6.89.

AB434, s. 59 Section 59. 6.86 (1) (b) of the statutes is amended to read:

AB434,34,10 6.86 (1) (b) Except as provided in this section, if application is made in writing, the application, signed by the elector, shall be received no later than 5 p.m. on the Friday immediately preceding the election. If application is made in person, the application shall be made no later than 5 p.m. on the day preceding the election. If the elector is making written application and the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then notarize the affidavit as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place as required in s. 6.88. If application is made under sub. (2), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

AB434, s. 60 Section 60. 6.86 (3) (a) of the statutes is amended to read:

AB434,34,20 6.86 (3) (a) Any elector who is registered, or otherwise qualified where registration is not required, and who qualifies under ss. 6.20 and 6.85 as an absent elector because the elector is hospitalized, may apply for and obtain an official ballot by agent. The agent may apply for and obtain a ballot for the hospitalized absent elector by presenting a form prescribed by the board and containing the required information supplied by the hospitalized elector and signed by that elector and any other elector residing in the same municipality as the hospitalized elector, corroborating the information contained therein. The corroborating elector shall state on the form his or her full name and address.

AB434, s. 61 Section 61. 6.865 (intro.) and (1) of the statutes are consolidated, renumbered 6.865 and amended to read:

AB434,35,3 6.865 Federal postcard request form. A federal postcard registration and absentee ballot request form may be used to apply for an absentee ballot under s. 6.86 (1) if the form is completed in such manner that the municipal clerk or board of election commissioners with whom it is filed is able to determine all of the following: (1) That that the applicant is an elector of this state and of the ward or election district where the elector seeks to vote.

AB434, s. 62 Section 62. 6.865 (2) of the statutes is repealed.

AB434, s. 63 Section 63. 6.87 (2) of the statutes is amended to read:

AB434,35,9 6.87 (2) The municipal clerk shall place the ballot in an unsealed envelope furnished by the clerk. The envelope shall have the name, official title and post-office address of the clerk upon its face. The other side of the envelope shall have a printed certificate-affidavit in substantially the following form:

AB434,35,10 [STATE OF ....

AB434,35,11 County of ....]

AB434,35,12 or

AB434,35,13 [(name of foreign country and city or other jurisdictional unit)]

AB434,36,4 I, ...., (certify) (do solemnly swear) subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of the .... aldermanic district in the city of ...., residing at .... in said city, the county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at the election to be held on ....; that I am not voting at any other location in this election; that I cannot am unable or unwilling to appear at the polling place in the (ward) (election district) on election day because I expect to be absent from the municipality or because of age, sickness, handicap, physical disability, religious reasons, jury duty, service as an election official, or because I have changed my residence within the state from one ward or election district to another within 10 days before the election. I (certify) (swear) that I exhibited the enclosed ballot unmarked to the (2 witnesses) (person administering the oath), that I then in (their) (his) (her) presence and in the presence of no other person marked the ballot and enclosed and sealed the same in this envelope in such a manner that no one but myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could know how I voted.

AB434,36,5 Signed ....

AB434,36,7 The (2 witnesses) (person administering the oath) shall execute either of the following as appropriate:

AB434,36,13 We, the undersigned witnesses, subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, certify that the above statements are true and the voting procedure was executed as there stated. Neither of us is a candidate for any office on the enclosed ballot (except in the case of an incumbent municipal clerk). The elector was not solicited or advised by us to vote for or against any candidate or measure.

AB434,36,14 ....(Name)

AB434,36,15 ....(Address)

AB434,36,16 ....(Name)

AB434,36,17 ....(Address)

AB434,36,22 Subscribed and sworn to before me this .... day of ...., A.D., ...., and I hereby certify that I am not a candidate on the ballot upon which the affiant voted (unless I am an incumbent municipal clerk), that the voting procedure above was executed as therein stated, and that the affiant was not solicited or advised by me to vote for or against any candidate or measure.

AB434,36,23 ....(Name)

AB434,36,24 ....(Title)

AB434,36,25 ....(State or nation)

AB434, s. 64 Section 64. 6.88 (1) of the statutes is amended to read:

AB434,37,8 6.88 (1) When an absentee ballot arrives at the office of the municipal clerk, the clerk shall enclose it, unopened, in a carrier envelope which shall be securely sealed and endorsed with the name and official title of the clerk, and the words "This envelope contains the ballot of an absent, aged, sick, handicapped or disabled elector or the ballot of an election official and must be opened at the polls during polling hours on election day". The clerk shall keep the ballot in the clerk's office until delivered, as required in sub. (2).

AB434, s. 65 Section 65. 6.92 (intro.) of the statutes is renumbered 6.92 and amended to read:

AB434,37,18 6.92 Inspector making challenge. Each inspector shall challenge for cause any person offering to vote whom the inspector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an inspector, one of the inspectors shall administer the following oath or affirmation to the person: "You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding your place of residence and qualifications as an elector of this election"; and shall then ask those of the following questions which are appropriate as determined by the board, by rule, to test the person's qualifications:.

AB434, s. 66 Section 66. 6.92 (1) to (6) of the statutes are repealed.

AB434, s. 67 Section 67. 6.925 (intro.) of the statutes is renumbered 6.925 and amended to read:

AB434,38,8 6.925 Elector making challenge in person. Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an elector, one of the inspectors may administer the oath or affirmation to the challenged elector under s. 6.92 and ask the challenged elector the questions under that section which are appropriate to test the elector's qualifications. In addition, one of the inspectors shall administer the following oath or affirmation to the challenging elector: "You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding the challenged person's place of residence and qualifications as an elector of this election"; and shall then ask those of the following questions which are appropriate as determined by the board, by rule, to test the qualifications of the challenged elector:,

AB434, s. 68 Section 68. 6.925 (1) to (6) of the statutes are repealed.

AB434, s. 69 Section 69. 7.08 (5) of the statutes is created to read:

AB434,38,18 7.08 (5) Notice of write-in candidates. Whenever a write-in candidate files a timely declaration of candidacy with the board, the board shall immediately notify the county clerk or board of election commissioners of each county where the write-in candidate seeks office of the name of the candidate and the office that the candidate seeks. This subsection does not apply if the write-in candidate seeks an office for which there are no candidates whose names appear on the ballot or if there appears on the ballot the name of a deceased candidate for the office that the write-in candidate seeks.

AB434, s. 70 Section 70. 7.10 (5) of the statutes is created to read:

AB434,39,3 7.10 (5) Notice of write-in candidates. Whenever a write-in candidate files a timely declaration of candidacy with the county clerk or the clerk receives notice from the board under s. 7.08 (5) that a write-in candidate seeks office in the county, the clerk shall immediately notify the municipal clerk or board of election commissioners of each municipality in the county where the write-in candidate seeks office of the name of the candidate and the office that the candidate seeks. This subsection does not apply if the write-in candidate seeks an office for which there are no candidates whose names appear on the ballot or if there appears on the ballot the name of a deceased candidate for the office that the write-in candidate seeks.

AB434, s. 71 Section 71. 7.10 (6) of the statutes is created to read:

AB434,39,11 7.10 (6) Municipal judge; certified list. If candidates for the office of a municipal judge who is elected under s. 755.01 (4) file nomination papers in the office of the county clerk and any municipality served by the judge prepares its own ballots for voting machines or an electronic voting system, the county clerk shall certify to the municipal clerk of that municipality the names of the candidates for judge as soon as possible after the last day for filing nomination papers and after certification by the county board of canvassers of the results of any primary election.

AB434, s. 72 Section 72. 7.15 (1) (cs) of the statutes is repealed.

AB434, s. 73 Section 73. 7.15 (1) (L) of the statutes is created to read:

AB434,39,23 7.15 (1) (L) Whenever a write-in candidate files a timely declaration of candidacy with the municipal clerk or the clerk receives notice from the county clerk or board of election commissioners under s. 7.10 (5) or a school district clerk under s. 120.06 (8) (dm) that a write-in candidate seeks office in the municipality, notify the inspectors at each polling place in the municipality where the write-in candidate seeks office of the name of the candidate and the office that the candidate seeks no later than 8 p.m. on election day. This paragraph does not apply if the write-in candidate seeks an office for which there are no candidates whose names appear on the ballot or if there appears on the ballot the name of a deceased candidate for the office that the write-in candidate seeks.

AB434, s. 74 Section 74. 7.21 (2m) of the statutes is created to read:

AB434,39,25 7.21 (2m) The county board of election commissioners may:

AB434,40,19 (a) Bring civil actions to require forfeitures under s. 11.60 for any violation of ch. 11. Forfeiture actions brought by the county board of election commissioners may concern only violations with respect to reports or statements required by law to be filed with it. The county board of election commissioners may compromise and settle any civil action or potential action brought or authorized to be brought by it under ch. 11 which, in the opinion of the county board of election commissioners, constitutes a minor violation, a violation caused by excusable neglect, or which for other good cause shown, should not in the public interest be prosecuted under such chapter. Notwithstanding s. 778.06, an action or proposed action authorized under this paragraph may be settled for such sum as may be agreed between the parties. Any settlement made by the county board of election commissioners shall be in such amount as to deprive the alleged violator of any benefit of his or her wrongdoing and may contain a penal component to serve as a deterrent to future violations. In settling actions or proposed actions, the county board of election commissioners shall treat comparable situations in a comparable manner and shall ensure that any settlement bears a reasonable relationship to the severity of the offense or alleged offense. Forfeiture actions brought by the county board of election commissioners shall be brought in the circuit court for the county served by the board of election commissioners.

AB434,41,5 (b) In the discharge of its authority under par. (a) and upon notice to the party or parties being investigated, subpoena and bring before it any person in the state and require the production of any papers, books or other records relevant to an investigation. A circuit court may by order permit the inspection and copying of the accounts and the depositor's and loan records at any financial institution, as defined in s. 705.01 (3), doing business in the state to obtain evidence of any violation of ch. 11 upon showing by the county board of election commissioners of probable cause to believe that there is a violation and that such accounts and records may have a substantial relation to the violation. In the discharge of its duties, the county board of election commissioners may cause the deposition of witnesses to be taken in the manner prescribed for taking depositions in civil actions in circuit court.

AB434,41,8 (c) Delegate to its executive director the authority to issue a subpoena or apply for a search warrant under par. (b), subject to such limitations as the county board of election commissioners considers appropriate.

AB434, s. 75 Section 75. 7.30 (2) (a) of the statutes is amended to read:

AB434,42,4 7.30 (2) (a) Only election officials appointed under this section may conduct an election. Except as authorized in s. 7.15 (1) (k), each inspector shall be a qualified elector in the ward for which the polling place is established. Special registration deputies appointed under s. 6.55 (6) and election officials serving more than one ward or when necessary to fill a vacancy under par. (b) need not be a resident of that ward, but shall be a resident of the municipality. Special registration deputies may be appointed to serve more than one polling place. All officials shall be able to read and write the English language, be capable, be of good understanding, and may not be a candidate, other than for party committeeman or committeewoman, 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 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 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 officials 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.

AB434, s. 76 Section 76. 7.51 (2) (e) of the statutes is amended to read:

AB434,43,3 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 registration or 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 or registration 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. In recording the votes cast for an office, the inspectors may indicate votes cast for a write-in candidate who does not file a timely declaration of candidacy for the office for which the candidate receives votes as scattering votes, unless there are no candidates whose names appear on the ballot for that office or unless there appears on the ballot the name of a deceased candidate for that office. 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.

AB434, s. 77 Section 77. 7.51 (2) (g) of the statutes is amended to read: