SB110: Bill Text

SB110, s. 33 Section 33. 7.15 (1) (e) of the statutes is amended to read:

SB110,20,16 7.15 (1) (e) Instruct election officials in their duties, calling them together whenever advisable,; advise them of the voter eligibility requirements under the laws of this state, including voter eligibility requirements applicable to individuals who have been convicted of felonies and applicable to immigrants, and of changes in laws, rules, and procedures affecting the performance of their duties,; and administer examinations as authorized under s. 7.30 (2) (c). The clerk shall assure that officials who serve at polling places where an electronic voting system is used are familiar with the system and competent to instruct electors in its proper use. The clerk shall inspect systematically and thoroughly the conduct of elections in the municipality so that elections are honestly, efficiently, and uniformly conducted.

SB110, s. 34 Section 34. 7.30 (2) (a) of the statutes is amended to read:

SB110,21,13 7.30 (2) (a) Only election officials appointed under this section or s. 6.285 or 6.873 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 appointed under this section 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 appointed under s. 6.55 (6) may be appointed to serve more than one polling place. All officials appointed under this section shall be able to read and write the English language, be capable, be of good understanding, and may not be a candidate 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 appointed under this section 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.

SB110, s. 35 Section 35. 7.30 (2) (b) of the statutes is amended to read:

SB110,21,25 7.30 (2) (b) When a vacancy occurs in an office under this section, the vacancy shall be filled by appointment of the municipal clerk. The vacancy shall be filled from the remaining names on the lists submitted under sub. (4) or from additional names submitted by the chairperson of the county party committee of the appropriate party under sub. (4) whenever names are submitted under sub. (4) (d). If the vacancy is due to candidacy, sickness or any other temporary cause, the appointment shall be a temporary appointment and effective only for the election at which the temporary vacancy occurs. The same qualifications shall be required of persons who fill vacancies. Vacancies may be filled in cases of emergency or because of time limitations by a person from another aldermanic district or ward within the municipality.

SB110, s. 36 Section 36. 7.30 (6) (c) of the statutes is amended to read:

SB110,22,7 7.30 (6) (c) If any election official appointed under this section lacks the qualifications set forth in this section, fails to attend training sessions required under s. 7.15 (1) (e) unless excused therefrom, is guilty of neglecting his or her official duties or commits official misconduct, the municipal clerk or board of election commissioners shall summarily remove the official from office and the vacancy shall be filled under sub. (2) (b).

SB110, s. 37 Section 37. 7.33 (3) of the statutes is amended to read:

SB110,22,14 7.33 (3) Every employer shall grant to each employee who is appointed to serve as an election official under s. 7.30 a leave of absence for the entire 24-hour period of each election day in which the official serves in his or her official capacity. An employee who serves as an election official shall provide his or her employer with at least 7 days' notice of application for a leave. The municipal clerk shall verify appointments upon request of any employer.

SB110, s. 38 Section 38. 7.33 (4) of the statutes is amended to read:

SB110,23,2 7.33 (4) Each Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), and without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and shall not impose without any other penalty upon an employee who serves as an election official. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

SB110, s. 39 Section 39. 7.33 (5) of the statutes is renumbered 7.33 (5) (a).

SB110, s. 40 Section 40. 7.33 (5) (b) of the statutes is created to read:

SB110,23,19 7.33 (5) (b) Except as otherwise provided in this paragraph, any employee of a local governmental unit, as defined in s. 16.97 (7), who obtains a paid leave of absence under sub. (4) in order to serve as an election official under s. 7.30, shall certify in writing to the head of the local governmental unit by which he or she is employed the amount of compensation that the employee receives for the service. Except as otherwise provided in this paragraph, upon receipt of the certification, the head of the local governmental unit shall deduct that amount from the employee's pay earned for scheduled working hours during the period specified in sub. (2) when the employee is on a paid leave of absence. If the local governmental unit is also the employer for purposes of the employee's service as an election official, the local governmental unit may require the employee, before the service begins, to assign his or her interest in any compensation earned for the service to the local governmental unit. If the employee makes this assignment, he or she need not make the certification required under this paragraph and the employer may not make the deduction required under this paragraph.

SB110, s. 41 Section 41. 7.37 (2) of the statutes is amended to read:

SB110,24,5 7.37 (2) Preserve order. The inspectors shall possess full authority to maintain order and to enforce obedience to their lawful commands during the election and the canvass of the votes. They shall permit only one person in a voting booth at a time and shall prevent any person from taking notice of how another person has voted, except when assistance is given under s. 6.82. They shall enforce s. 5.35 (5) and prevent electioneering from taking place in violation of s. 12.03 (1) or (2). If any person refuses to obey the lawful commands of an inspector, or is disorderly in the presence or hearing of the inspectors, interrupts or disturbs the proceedings, they may order any law enforcement officer to remove the person from the voting area or to take the person into custody.

SB110, s. 42 Section 42. 7.41 (1) of the statutes is amended to read:

SB110,24,12 7.41 (1) Any member of the public may be present at any polling place or at any satellite absentee voting station designated under s. 6.873 (1) for the purpose of observation of an election, except a candidate at that election. The chief inspector at the polling place or a special voting deputy at the station may reasonably limit the number of persons representing the same organization who are permitted to observe an election at the same time.

SB110, s. 43 Section 43. 7.41 (2) of the statutes is amended to read:

SB110,24,20 7.41 (2) The chief inspector at a polling place or a special voting deputy at a satellite absentee voting station may restrict the location of any individual exercising the right under sub. (1) to certain areas within a the polling place or station. The chief inspector or special voting deputy shall clearly designate such an area as an observation area. Designated observation areas shall be so positioned to permit any authorized individual to readily observe all public aspects of the voting process.

SB110, s. 44 Section 44. 7.41 (3) (intro.) of the statutes is amended to read:

SB110,24,24 7.41 (3) (intro.) The chief inspector or special voting deputy may order the removal of any individual exercising the right under sub. (1) if that individual commits an overt act which:

SB110, s. 45 Section 45. 7.41 (3) (a) of the statutes is amended to read:

SB110,25,2 7.41 (3) (a) Disrupts the operation of the polling place or satellite absentee voting station; or

SB110, s. 46 Section 46. 7.41 (3) (b) of the statutes is amended to read:

SB110,25,4 7.41 (3) (b) Violates s. 12.03 (2) or (2m).

SB110, s. 47 Section 47. 12.03 (title) of the statutes is amended to read:

SB110,25,6 12.03 (title) Election day Restricted campaigning restricted.

SB110, s. 48 Section 48. 12.03 (1) of the statutes is amended to read:

SB110,25,10 12.03 (1) No election official may engage in electioneering on election day. This subsection dose not apply to an election official who is appointed under s. 6.285 or 6.873 and is not serving as an election official on election day.

SB110, s. 49 Section 49. 12.03 (1m) of the statutes is created to read:

SB110,25,14 12.03 (1m) No election official appointed under s. 6.285 or 6.873 may engage in electioneering at a satellite absentee voting station designated under s. 6.873 (1) on any day during which absentee ballots may be cast at the station.

SB110, s. 50 Section 50. 12.03 (2m) of the statutes is created to read:

SB110,25,21 12.03 (2m) (a) No person may engage in electioneering within any building, or at the doors to any building, in which a satellite absentee voting station is designated under s. 6.873 (1) on any day during which absentee ballots may be cast at the station. This paragraph applies to electioneering on private property only if the property is owned or controlled by the person who consented under s. 6.873 (1) to the designation of the station.

SB110,26,3 (b) Except as otherwise provided in this subsection, no person may engage in electioneering within 100 feet of a satellite absentee voting station that is designated under s. 6.873 (1) and that is not located within a building on any day during which absentee ballots may be cast at the station. This paragraph applies to electioneering on private property only if the property is owned or controlled by the person who consented under s. 6.873 (1) to the designation of the station. This paragraph does not apply to the placement of any material on the bumper of a motor vehicle.

SB110, s. 51 Section 51. 12.07 (2) of the statutes is amended to read:

SB110,26,7 12.07 (2) No employer may refuse to allow an employee to serve as an election official under s. 7.30 or make any threats or offer any inducements of any kind to the employee for the purpose of preventing the employee from so serving.

SB110, s. 52 Section 52. 12.13 (3) (x) of the statutes is amended to read:

SB110,26,13 12.13 (3) (x) Refuse to obey a lawful order of an inspector or special voting deputy made for the purpose of enforcing the election laws; engage in disorderly behavior at or near a polling place or at or near a satellite absentee voting station designated under s. 6.873 (1); or interrupt or disturb the voting or canvassing proceedings.

SB110, s. 53 Section 53. 17.29 of the statutes is amended to read:

SB110,26,21 17.29 Effect of chapter. The provisions of this chapter supersede all contrary provisions in either the general law or in special acts, except ch. 7 ss. 6.26 (2) (b), 6.28 (2) (b), 6.285, 6.873, 6.875, and 7.30 relating to appointed election officers appointed for the election wards or polling places in the state officials and ch. 21 relating to the military staff of the governor and to officers of the Wisconsin national guard; and shall govern all offices whether created by general law or special act, unless otherwise specially provided.

SB110, s. 54 Section 54. 19.32 (1c) of the statutes is amended to read:

SB110,27,2 19.32 (1c) "Incarcerated person" means a person who is incarcerated in a penal facility or who is placed on probation and given confinement under s. 973.09 (4) (a) as a condition of placement, during the period of confinement for which the person has been sentenced.

SB110, s. 55 Section 55. 20.921 (2) (b) of the statutes is amended to read:

SB110,27,8 20.921 (2) (b) The head of each state agency or the chief executive officer of the University of Wisconsin Hospitals and Clinics Authority shall deduct from the salary of any employee the amount certified under s. 7.33 (5) (a) which is received by the employee for service as an election official while the employee is on a paid leave of absence under s. 7.33 (3).

SB110, s. 56 Section 56. 67.05 (3) (f) of the statutes is amended to read:

SB110,28,2 67.05 (3) (f) If a special purpose district calls a referendum to be held in conjunction with a state, county, municipal, or judicial election, the polling places for the state, county, municipal, or judicial election shall be the polling places for the special purpose district referendum and the municipal election hours shall apply. If no state, county, municipal, or judicial election is held on the day of the special purpose district referendum, the governing body of the special purpose district may set the election hours and select the polling places to be used, except as otherwise provided in s. 120.06 (9) (b) in the case of a school district. If a polling place located in the special purpose district that was utilized at the most recent spring or general election is not utilized by the special purpose district, the governing body of the special purpose district shall post a notice on the door of the polling place indicating all polling places open for voting. Election hours set by the governing body of the special purpose district for each polling place shall be the same as those provided by the governing body of the municipality in which the polling place is located, except that if the opening hour is later than 7 a.m., the governing body of the special purpose district may extend the opening hour to not earlier than 7 a.m. The municipal clerk of each municipality in which a polling place is located shall provide the necessary equipment to operate the polling place.

SB110, s. 57 Section 57. 111.93 (3) of the statutes is amended to read:

SB110,28,12 111.93 (3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d), 230.35 (3) (e) 6., and 230.88 (2) (b), if a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

SB110, s. 58 Section 58. 120.06 (9) (a) of the statutes is amended to read:

SB110,28,25 120.06 (9) (a) The primary and spring elections for school board members shall be conducted by the election officials for state and municipal elections. In a school board election held in conjunction with a state, county, municipal , or judicial election, the polling places for the state, county, municipal, or judicial election shall be the polling places for the school board election and the municipal election hours shall apply. If no state, county, municipal, or judicial election is held on the day of the school board election, the school board may set the election hours and select the polling places to be used. The election costs shall be charged as provided in ss. 5.68 and 7.03. Election hours set by the school board shall be the same as those provided by the municipal governing body in which the polling place is located, except that if the opening hour is later than 7 a.m., the school board may extend the opening hour to not earlier than 7 a.m.

SB110, s. 59 Section 59. 302.117 of the statutes is created to read:

SB110,29,5 302.117 Notice regarding ineligibility to vote. When an inmate who is disqualified from voting under s. 6.03 (1) (b) is released to parole or extended supervision, the department shall inform the person that he or she may not vote in any election until his or her civil rights are restored.

SB110, s. 60 Section 60. 303.09 (1) of the statutes is amended to read:

SB110,29,10 303.09 (1) The county board of any county may establish, relocate and maintain an unlocked facility for use exclusively by persons granted leave privileges under s. 303.08 (1) and persons confined under s. 973.09 (4) (a) or 973.11 (1) (b). The facility need not be located at the county seat.

SB110, s. 61 Section 61. 303.09 (2) of the statutes is amended to read:

SB110,29,18 303.09 (2) The county boards of 2 or more counties may jointly establish, relocate and maintain a facility described in sub. (1). The operation and expenses of the facility shall be governed by an agreement between those counties. In a jointly established facility, authority under ss. 303.08 (2m), 973.09 (4) (a) and 973.11 (1) (b) may be exercised by a sheriff of any of the counties which jointly establish the facility. The agreement shall specify who has authority to act under ss. 303.08 (2m), 973.09 and 973.11 (1) (b).

SB110, s. 62 Section 62. 946.42 (1) (a) of the statutes is amended to read:

SB110,30,10 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, parolee or person on extended supervision by the department of corrections or a probation, extended supervision or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4) (a).

SB110, s. 63 Section 63. 946.425 (1r) (a) of the statutes is amended to read:

SB110,30,15 946.425 (1r) (a) Any person who is subject to a confinement order under s. 973.09 (4) (a) as the result of a conviction for a misdemeanor and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class A misdemeanor.

SB110, s. 64 Section 64. 946.425 (1r) (b) of the statutes is amended to read:

SB110,30,20 946.425 (1r) (b) Any person who is subject to a confinement order under s. 973.09 (4) (a) as the result of a conviction for a felony and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class D felony.

SB110, s. 65 Section 65. 946.425 (2) of the statutes is amended to read:

SB110,31,2 946.425 (2) A court shall impose a sentence under this section consecutive to any sentence previously imposed or that may be imposed for any crime or offense for which the person was sentenced under s. 973.03 (5) (b) or 973.15 (8) (a), consecutive to any sentence that may apply to the person under s. 973.10 (2) or consecutive to any confinement order under s. 973.09 (4) (a) previously issued by a court regarding the person.

SB110, s. 66 Section 66. 968.255 (7) (d) of the statutes is amended to read:

SB110,31,4 968.255 (7) (d) Is confined as a condition of probation under s. 973.09 (4) (a).

SB110, s. 67 Section 67. 973.033 of the statutes is renumbered 973.176 (1), and 973.176 (1) (title), as renumbered, is amended to read:

SB110,31,7 973.176 (1) (title) Sentencing; restriction on firearm Firearm possession.

SB110, s. 68 Section 68. 973.034 of the statutes is renumbered 973.176 (3), and 973.176 (3) (title), as renumbered, is amended to read:

SB110,31,11 973.176 (3) (title) Sentencing; restriction on child Child sex offender working with children.

SB110, s. 69 Section 69. 973.09 (1) (d) (intro.) of the statutes is amended to read:

SB110,31,19 973.09 (1) (d) (intro.) If a person is convicted of an offense that provides a mandatory or presumptive minimum period of one year or less of imprisonment, a court may place the person on probation under par. (a) if the court requires, as a condition of probation, that the person be confined under sub. (4) (a) for at least that mandatory or presumptive minimum period. The person is eligible to earn good time credit calculated under s. 302.43 regarding the period of confinement. This paragraph does not apply if the conviction is for any of the following:

SB110, s. 70 Section 70. 973.09 (4) of the statutes is renumbered 973.09 (4) (a).

SB110, s. 71 Section 71. 973.09 (4) (b) of the statutes is created to read:

SB110,32,2 973.09 (4) (b) If a person who is disqualified from voting under s. 6.03 (1) (b) is confined under par. (a) and remains on probation after completing the period of confinement, the department shall inform the person upon the completion of the period of confinement that he or she may not vote in any election until his or her civil rights are restored.

SB110, s. 72 Section 72. 973.09 (7m) (a) of the statutes is amended to read:

SB110,32,15 973.09 (7m) (a) Except as provided in s. 943.017 (3), the court may require as a condition of probation that the probationer perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction. An order may only apply if agreed to by the probationer and the organization or agency. The court shall ensure that the probationer is provided a written statement of the terms of the community service order and that the community service order is monitored. If the court requires the conditions provided in this subsection and sub. (4) (a), the probationer reduces the period of confinement under sub. (4) (a) at a rate of one day for each 3 days of work performed. A day of work equals 8 hours of work performed.

SB110, s. 73 Section 73. 973.11 (1) (b) of the statutes is amended to read:

SB110,32,18 973.11 (1) (b) Any requirement that the court may impose under s. 973.09 (1g), (1x), (4) (a), and (7m).

SB110, s. 74 Section 74. 973.176 (title) and (2) of the statutes are created to read:

SB110,32,23 973.176 (title) Notice of restrictions. (2) Voting. Whenever a court imposes a sentence or places a defendant on probation for a conviction that disqualifies the defendant from voting under s. 6.03 (1) (b), the court shall inform the defendant that he or she may not vote in any election until his or her civil rights are restored.

SB110, s. 75 Section 75. 977.05 (6) (g) 2. of the statutes is amended to read:

SB110,33,2 977.05 (6) (g) 2. The state or the court seeks to modify the conditions of probation to include a period of confinement under s. 973.09 (4) (a).

SB110, s. 76 Section 76. Nonstatutory provisions.

SB110,33,10 (1) Universal, centralized voter registration; recommendations. The elections board shall study the costs, benefits, and feasibility of and prepare recommendations with regard to requiring voter registration in every municipality in this state. If the board recommends that registration be required in all municipalities, the board shall study the costs, benefits, and feasibility of and prepare recommendations with regard to creating and maintaining a statewide voter registration list. This study shall address at least each of the following issues:

SB110,33,11 (a) How the list should be created and maintained.

SB110,33,13 (b) The fiscal impact upon the state and local governments of maintaining the list.