SB468: Bill Text

Currently, an application that is transmitted by mail from an elector for an absentee ballot at an election must be received by the municipal clerk or board of election commissioners no later than 5 p.m. on the Friday before the election. An application from a sequestered juror or an elector who is hospitalized may be received no later than 5 p.m. on election day. This bill provides that an application that is transmitted by mail must be received by the municipal clerk or board of election commissioners no later than 5 p.m. on the Wednesday before the election. In addition, the bill provides that an application from a sequestered juror or a hospitalized elector must be received no later than 5 p.m. on the day before election day.

Deadline for mailing of absentee ballots

Currently, each municipal clerk and board of election commissioners must mail an absentee ballot to each elector who has requested one no later than the 30th day before each September primary and general election and no later than the 21st day before each other primary and election. If an elector requests a ballot after the mailing deadline, the clerk or board must mail the ballot within one day after receiving the request. This bill requires a clerk or board of election commissioners to mail an absentee ballot to an elector who requests a ballot, after the mailing deadlines to mail the ballot, no later than the end of the second day beginning after the day on which the request is received.

Deadline for receipt of absentee ballots

Currently, an elector's absentee ballot that is delivered to the municipal clerk or board of election commissioners must be received in sufficient time for the clerk or board to deliver the ballot to the polling place serving the elector's residence before 8 p.m. on election day. This bill provides that an elector's absentee ballot that is delivered to the office of the municipal clerk or board of election commissioners must be received by the clerk or board no later than noon on election day.

Ballot information and ballot transmittal

Currently, there is no specific deadline provided for county clerks and boards of election commissioners to transmit the names of candidates for national, state, and county offices and state and county referendum questions to municipal clerks and boards of election commissioners. This bill provides that county clerks and boards of election commissioners must transmit ballot information to municipal clerks and boards of election commissioners no later than two days after receiving the necessary information from the Elections Board. Currently, county clerks and boards of election commissioners must distribute ballots for absentee voters to municipal clerks and boards of election commissioners no later than 31 days before each September primary and general election and no later than 22 days before each other primary and election. This bill requires county clerks and boards of election commissioners to make this distribution one day earlier.

Absentee ballot canvassing procedure

Currently, each absentee ballot must be received at the polling place serving an elector's residence no later than 8 p.m. on election night for the ballot to be counted. The municipal clerk or board of election commissioners delivers all absentee ballots received by the clerk or board to the appropriate polling places. The inspectors (poll workers) canvass the absentee ballots, together with the other ballots, publicly on election day by marking the names of the absentee electors on the same poll list that is used to mark the names of the electors who vote in person. Any member of the public may observe the proceedings. Any elector may challenge for cause any absentee ballot that the elector knows or suspects is not cast by a qualified elector, whether the absentee ballot is cast in person at the office of a municipal clerk or board of election commissioners or the ballot is received in some other manner. Unless an absentee ballot is challenged or voted provisionally, it is not identifiable once it is counted, except that an absentee ballot may be distinguished from another ballot because it carries the initials of the municipal clerk or executive director of the board of election commissioners or a designated deputy. The inspectors at each polling place announce the results of each election when the canvass is completed on election night. Each municipal canvass must be completed by 2 p.m. on the day after each election, and each county canvass must begin no later than 9 a.m. on the Thursday following an election.

This bill permits the governing body of any municipality, by ordinance, to discontinue the canvassing of absentee ballots at polling places. Under the bill, if absentee ballots are not canvassed at polling places, the municipal board of canvassers must convene at one or more public meetings held no earlier than the seventh day after absentee ballots for an election are distributed and no later than 10 a.m. on the day after the election for the purpose of counting absentee ballots. Under the bill, the board of canvassers does not announce the results of its count until the canvass of all absentee ballots is completed on the day after an election. If absentee ballots are not counted at polling places, the bill provides for the municipal board of canvassers to conduct a cross-check of absentee ballots for any potential duplication by electors who also cast ballots in person. To accomplish the cross-check, the municipal board of canvassers numbers each absentee ballot as it is counted, and if the elector who casts the ballot also casts a ballot in person, the absentee ballot is not counted. To allow time for the separate canvass of the absentee ballots to be completed and to reconcile and merge the results with the canvasses conducted at polling places, in those municipalities where absentee ballots are not counted at polling places, the bill allows an additional 24 hours for municipal canvasses to be completed and for county canvasses to begin. The bill permits any elector to challenge any absentee ballot for cause.

Ballot preparation

Currently, county clerks and boards of election commissioners are generally responsible for printing or other preparation of ballots for elections, except that a municipality that uses voting machines or an electronic voting system may, with permission of the county clerk or board of election commissioners, prepare its own ballots. First class cities (Milwaukee) may prepare their own ballots without permission unless they use voting machines or an electronic voting system, in which case, the county prepares their ballots. This bill provides that first class cities may prepare their own ballots, at county expense, even if they use voting machines or an electronic voting system.

Compensation for obtaining voter registrations

Under current law, a municipal clerk or board of election commissioners or the Elections Board may appoint special registration deputies who may register electors prior to the close of registration for any election. Any other person may also obtain voter registration forms and may solicit registrations and return completed forms to a municipal clerk, board of election commissioners, or the Elections Board.

This bill prohibits any person from compensating any other person, for obtaining voter registrations, at a rate that varies in relation to the number of voter registrations obtained by the person. Violators are guilty of a misdemeanor and are subject to a fine of not more than $1,000 or imprisonment for not more than six months, or both, for each offense.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

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

SB468, s. 1 Section 1. 5.05 (11) of the statutes is amended to read:

SB468,5,11 5.05 (11) Aids to counties and municipalities. From the appropriations under s. 20.510 (1) (e), (t) and (x), the board may provide financial assistance to eligible counties and municipalities for election administration costs in accordance with the plan adopted under sub. (10). As a condition precedent to receipt of assistance under this subsection, the board shall enter into an agreement with the county or municipality receiving the assistance specifying the intended use of the assistance and shall ensure compliance with the terms of the agreement. Each agreement shall provide that if the federal government objects to the use of any assistance moneys provided to the county or municipality under the agreement, the county or municipality shall repay the amount of the assistance provided to the board.

SB468, s. 2 Section 2. 5.68 (3) of the statutes is amended to read:

SB468,6,2 5.68 (3) If Except as authorized in s. 7.15 (2) (b), if voting machines are used or if an electronic voting system is used in which all candidates and referenda appear on the same ballot, the ballots for all national, state, and county offices and for county and state referenda shall be prepared and paid for by the county wherein they are used. In 1st class cities, if the city prepares its own ballots for national, state, and county offices and for county and state referenda, the county shall pay for the ballots. If the voting machine or electronic voting system ballot includes a municipal or school, technical college, sewerage or sanitary district ballot, the cost of that portion of the ballot shall be reimbursed to the county or city or paid for by the municipality or district, except as provided in a 1st class city school district under sub. (2).

SB468, s. 3 Section 3. 6.15 (4) (a) to (e) of the statutes are amended to read:

SB468,6,8 6.15 (4) (a) Clerks holding new resident ballots shall deliver them to the election inspectors in the proper ward or election district where the new residents reside or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal board of canvassers when it convenes under s. 7.52 (1), as provided by s. 6.88 for absentee ballots.

SB468,6,13 (b) During polling hours, the inspectors shall open each carrier envelope, announce the elector's name, check the affidavit for proper execution, and check the voting qualifications for the ward, if any. In municipalities where absentee ballots are canvassed under s. 7.52, the municipal board of canvassers shall perform this function at a meeting of the board of canvassers.

SB468,6,16 (c) The inspectors or board of canvassers shall open the inner envelope without examination of the ballot other than is necessary to see that the issuing clerk has endorsed it.

SB468,6,21 (d) Upon satisfactory completion of the procedure under pars. (b) and (c) the inspectors or board of canvassers shall deposit the ballot in the ballot box. The inspectors board of canvassers shall enter the name of each elector voting under this section on the poll list with an indication that the elector is voting under this section or on a separate list maintained for the purpose under s. 6.79 (2) (c).

SB468,6,25 (e) If the person is not a qualified elector in the ward or municipality, or if the envelope is open or has been opened and resealed, the inspectors shall reject the vote. Rejected ballots shall be processed the same as rejected absentee ballots, under s. 6.88 (3) (b).

SB468, s. 4 Section 4. 6.15 (6) of the statutes is amended to read:

SB468,7,6 6.15 (6) Death of elector. When it appears by due proof to the inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52, when it appears by due proof to the board of canvassers that a person voting under this section at an election has died before the date of the election, the inspectors or board of canvassers shall return the ballot with defective ballots to the issuing official.

SB468, s. 5 Section 5. 6.21 of the statutes is amended to read:

SB468,7,14 6.21 Deceased electors. When by due proof it appears to the inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52, when it appears by due proof to the board of canvassers that a person voting under this section casting an absentee ballot at an election has died before the date of the election, they the inspectors or board of canvassers shall return the ballot with defective ballots to the issuing official. The casting of the ballot of a deceased elector does not invalidate the election.

SB468, s. 6 Section 6. 6.22 (4) of the statutes is amended to read:

SB468,8,5 6.22 (4) Instructions and handling. An individual who qualifies as a military elector may request an absentee ballot for any election, or for all elections until the individual otherwise requests or until the individual no longer qualifies as a military elector. A military elector's application may be received at any time. The municipal clerk shall not send a ballot for an election if the application is received later than 5 p.m. on the Friday Wednesday preceding that election. The municipal clerk shall send a ballot, as soon as available, to each military elector who requests a ballot. The board shall prescribe the instructions for marking and returning ballots and the municipal clerk shall enclose instructions with each ballot and shall also enclose supplemental instructions for local elections. The envelope, return envelope and instructions may not contain the name of any candidate appearing on the enclosed ballots other than that of the municipal clerk affixed in the fulfillment of his or her duties. Whenever the material is mailed, the material shall be prepared and mailed to make use of the federal free postage laws. The mailing list established under this subsection shall be kept current in the same manner as provided in s. 6.86 (2) (b).

SB468, s. 7 Section 7. 6.28 (1) of the statutes is amended to read:

SB468,9,2 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.29, 6.55 (2), and 6.86 (3) (a) 2., registration in person for any election shall close at 5 p.m. on the 2nd Wednesday 4th Thursday 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 4th Thursday 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. An elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.

SB468, s. 8 Section 8. 6.86 (1) (b) of the statutes is amended to read:

SB468,9,20 6.86 (1) (b) Except as provided in this section, if application is made in writing by mail, the application, signed by the elector, shall be received no later than 5 p.m. on the Friday Wednesday 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 the day preceding the election day. If the an application from a sequestered juror 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 witness the voting procedure 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 or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk 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 Wednesday immediately preceding the election.

SB468, s. 9 Section 9. 6.86 (3) (c) of the statutes is amended to read:

SB468,9,25 6.86 (3) (c) An application under par. (a) 1. may be made and a registration form under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier than 7 days before an election and not later than 5 p.m. on the day of the before an election. A list of hospitalized electors applying for ballots under par. (a) 1. shall be made by the municipal clerk and used to check that the electors vote only once, and by absentee ballot. If identification is required, the municipal clerk shall so inform the agent and the elector shall enclose identification in the envelope with the ballot. The ballot shall be sealed by the elector and returned to the municipal clerk either by mail or by personal delivery of the agent; but if the ballot is returned on the day of the election, the agent shall make personal delivery at to the polling place serving the hospitalized elector's residence before the closing hour for the ballot to be counted or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk no later than 8 p.m. on election day.

SB468, s. 10 Section 10. 6.87 (6) of the statutes is amended to read:

SB468,10,17 6.87 (6) The ballot shall be returned so it is received by the municipal clerk in time for delivery no later than noon on election day. Except in municipalities where absentee ballots are canvassed under s. 7.52, if the municipal clerk receives an absentee ballot on election day, the clerk shall secure the ballot and cause the ballot to be delivered to the polls polling place serving the elector's residence before the closing hour. Any ballot not mailed or delivered as provided in this subsection may not be counted.

SB468, s. 11 Section 11. 6.88 (1) of the statutes is amended to read:

SB468,11,4 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 elector and must be opened at the polls during polling hours on election day". or, in municipalities where absentee ballots are canvassed under s. 7.52, at a meeting of the municipal board of canvassers under s. 7.52." If the ballot was received by the elector by facsimile transmission or electronic mail and is accompanied by a separate certificate, the clerk shall enclose the ballot in a certificate envelope and securely append the completed certificate to the outside of the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep the ballot in the clerk's office until delivered, as required in sub. (2).

SB468, s. 12 Section 12. 6.88 (2) of the statutes is amended to read:

SB468,11,17 6.88 (2) When an absentee ballot is received by the municipal clerk prior to the delivery of the official ballots to the election officials of the ward in which the elector resides or, where absentee ballots are canvassed under s. 7.52, the municipal board of canvassers, the municipal clerk shall seal the ballot envelope in the carrier envelope as provided under sub. (1), and shall enclose the envelope in a package and deliver the package to the election inspectors of the proper ward or election district or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal board of canvassers when it convenes under s. 7.52. When the official ballots for the ward or election district have been delivered to the election officials inspectors before the receipt of an absentee ballot, the clerk shall immediately enclose the envelope containing the absentee ballot in a carrier envelope as provided under sub. (1) and deliver it in person to the proper election officials.

SB468, s. 13 Section 13. 6.88 (3) of the statutes is amended to read:

SB468,12,12 6.88 (3) (a) Any Except in municipalities where absentee ballots are canvassed under s. 7.52, at any time between the opening and closing of the polls on election day, the inspectors shall open the carrier envelope only, and announce the name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47 (2). When the inspectors find that the certification has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, they shall enter an indication on the poll list next to the applicant's name indicating an absentee ballot is cast by the elector. They shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The inspectors shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If the poll list indicates that identification is required and no identification is enclosed or the name or address on the document that is provided is not the same as the name and address shown on the poll list, the inspectors shall proceed as provided under s. 6.97 (2). The inspectors shall then deposit the ballot into the proper ballot box and enter the absent elector's name or voting number after his or her name on the poll list in the same manner as if the elector had been present and voted in person.

SB468,13,3 (b) When the inspectors find that a certification is insufficient, that the applicant is not a qualified elector in the ward or election district, that the ballot envelope is open or has been opened and resealed, that the ballot envelope contains more than one ballot of any one kind or, except in municipalities where absentee ballots are canvassed under s. 7.52, that the certificate of an elector who received an absentee ballot by facsimile transmission or electronic mail is missing, or if proof is submitted to the inspectors that an elector voting an absentee ballot has since died, the inspectors shall not count the ballot. The inspectors shall endorse every ballot not counted on the back, "rejected (giving the reason)". The inspectors shall reinsert each rejected ballot into the certificate envelope in which it was delivered and enclose the certificate envelopes and ballots, and securely seal the ballots and envelopes in an envelope marked for rejected absentee ballots. The inspectors shall endorse the envelope, "rejected ballots" with a statement of the ward or election district and date of the election, signed by the chief inspector and one of the inspectors representing each of the 2 major political parties and returned to the municipal clerk in the same manner as official ballots voted at the election.

SB468, s. 14 Section 14. 6.93 of the statutes is amended to read:

SB468,13,10 6.93 Challenging the absent elector. The vote of any absent elector may be challenged for cause and the inspectors of election shall have all the power and authority given them to hear and determine the legality of the ballot the same as if the ballot had been voted in person. In municipalities where absentee ballots are canvassed under s. 7.52, the vote of an absentee elector may be challenged as provided in s. 7.52 (5).

SB468, s. 15 Section 15. 6.935 of the statutes is amended to read:

SB468,13,15 6.935 Challenge based on incompetency. Section 6.03 (3) applies to any challenge of a person's right to vote under s. 6.92, 6.925 or, 6.93, or 7.52 (5) based on an allegation that an elector is incapable of understanding the objective of the elective process and thereby ineligible to vote.

SB468, s. 16 Section 16. 6.97 (1) of the statutes is amended to read:

SB468,14,18 6.97 (1) Whenever any individual who is required to provide identification in order to be permitted to vote appears to vote at a polling place and cannot provide the required identification, or the individual has not provided identification as provided in s. 6.88 (3) (a) or 7.52 (3) (a), the inspectors shall offer the opportunity for the individual to vote under this section. If the individual wishes to vote, the inspectors shall provide the elector with an envelope marked "Ballot under s. 6.97, stats.," on which the serial number of the elector is entered and shall require the individual to execute on the envelope a written affirmation stating that the individual is a qualified elector of the ward or election district where he or she offers to vote and is eligible to vote in the election. The inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". If voting machines are used in the municipality where the individual is voting, the individual's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding number from the poll list or other list maintained under s. 6.79 (2) (c) and the notation "s. 6.97" written on the back of the ballot by the inspectors before the ballot is given to the elector. When receiving the individual's ballot, the inspectors shall provide the individual with written voting information prescribed by the board under s. 7.08 (8). The inspectors shall indicate on the list the fact that the individual is required to provide identification but did not do so. The inspectors shall notify the individual that he or she may provide identification to the municipal clerk or executive director of the municipal board of election commissioners. The inspectors shall also promptly notify the municipal clerk or executive director of the name, address, and serial number of the individual. The inspectors shall then place the ballot inside the certificate envelope on which the elector's serial number has been entered and place the that envelope in a separate carrier envelope.

SB468, s. 17 Section 17. 6.97 (2) of the statutes is amended to read:

SB468,15,9 6.97 (2) Whenever any individual who votes by absentee ballot is required to provide identification in order to be permitted to vote and does not provide the required identification, the inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52, the municipal board of canvassers shall write on the back of the absentee ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". The inspectors or board of canvassers shall indicate on the poll list the fact that the individual is required to provide identification but did not do so. The inspectors or board of canvassers shall promptly notify the municipal clerk or executive director of the municipal board of election commissioners of the name, address, and serial number, or in municipalities where absentee ballots are canvassed under s. 7.52, the poll list number of the individual. The inspectors or board of canvassers shall then place the ballot inside an envelope on which the name and serial number of the elector is entered and shall place the envelope in a separate carrier envelope.

SB468, s. 18 Section 18. 7.10 (3) (a) of the statutes is amended to read:

SB468,15,18 7.10 (3) (a) The county clerk shall distribute the ballots to the municipal clerks no later than 31 32 days before each September primary and general election and no later than 22 23 days before each other primary and election. Election forms prepared by the board shall be distributed at the same time. If the board transmits an amended certification under s. 7.08 (2) (a) or if the board or a court orders a ballot error to be corrected under s. 5.06 (6) or 5.72 (3) after ballots have been distributed, the county clerk shall distribute corrected ballots to the municipal clerks as soon as possible.

SB468, s. 19 Section 19. 7.15 (1) (cm) of the statutes is amended to read:

SB468,16,2 7.15 (1) (cm) Prepare official absentee ballots for delivery to electors requesting them, and send an official absentee ballot to each elector who has requested one no later than the 30th day before each September primary and general election and no later than the 21st day before each other primary and election if the request is made before that day; otherwise, the municipal clerk shall send an official absentee ballot within one day of the time no later than the end of the 2nd day beginning after the day on which the elector's request is received.

SB468, s. 20 Section 20. 7.51 (2) (c) of the statutes is amended to read:

SB468,16,14 7.51 (2) (c) Whenever the number of ballots exceeds the number of voting electors as indicated on the poll list, the inspectors shall place all ballots face up to check for blank ballots. In this paragraph, "blank ballot" means a ballot on which no votes are cast for any office or question. The inspectors shall mark, lay aside and preserve any blank ballots. If Except in municipalities where absentee ballots are canvassed under s. 7.52, if the number of ballots still exceeds the number of voting electors, the inspectors shall place all ballots face down and proceed to check for the initials. The inspectors shall mark, lay aside and preserve any ballot not bearing the initials of 2 inspectors or any absentee ballot not bearing the initials of the municipal clerk. During the count the inspectors shall count those ballots cast by challenged electors the same as the other ballots.

SB468, s. 21 Section 21. 7.51 (2) (e) of the statutes is amended to read:

SB468,17,9 7.51 (2) (e) If, Except in municipalities where absentee ballots are canvassed under s. 7.52, if after any ballots have been laid aside, the number of ballots still exceeds the total number of electors recorded on the 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 nonabsentee 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 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. 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.

SB468, s. 22 Section 22. 7.51 (3) (d) of the statutes is amended to read:

SB468,17,17 7.51 (3) (d) All Except in municipalities where absentee ballots are canvassed under s. 7.52, all absentee certificate envelopes which have been opened shall be returned by the inspectors to the municipal clerk in a securely sealed carrier envelope which is clearly marked "used absentee certificate envelopes". The envelopes shall be signed by the chief inspector and 2 other inspectors. Except when the ballots are used in a municipal or school district election only, the municipal clerk shall transmit the used envelopes to the county clerk.

SB468, s. 23 Section 23. 7.51 (5) (b) of the statutes is amended to read:

SB468,18,3 7.51 (5) (b) The municipal clerk shall arrange for delivery of all ballots, statements, tally sheets, lists, and envelopes relating to a school district election to the school district clerk. The municipal clerk shall deliver the ballots, statements, tally sheets, lists, and envelopes for his or her municipality relating to any county, technical college district, state, or national election to the county clerk by 2 p.m. on the 2nd day following each such election or, in municipalities where absentee ballots are canvassed under s. 7.52, by 2 p.m. on the 2nd day following each such election. The person delivering the returns shall be paid out of the municipal treasury. Each clerk shall retain ballots, statements, tally sheets, or envelopes received by the clerk until destruction is authorized under s. 7.23 (1).

SB468, s. 24 Section 24. 7.52 of the statutes is created to read:

SB468,18,18 7.52 Canvassing of absentee ballots. (1) The governing body of any municipality may provide by ordinance that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the municipal board of canvassers designated under s. 7.53 (1) or (2) shall canvass all absentee ballots at all elections held in the municipality. Thereafter, at every election, the board of canvassers shall, at one or more times no earlier than the 7th day after absentee ballots are distributed for each election under s. 7.15 (1) (cm) and no later than 10 a.m. on the day after an election, publicly convene to count the absentee ballots for the municipality. The municipal clerk shall give at least 48 hours' notice of any meeting under this subsection. Any member of the public has the same right of access to a meeting of the municipal board of canvassers under this subsection that the individual would have under s. 7.41 to observe the proceedings at a polling place. The board of canvassers may order the removal of any individual exercising the right to observe the proceedings if the individual disrupts the meeting.

SB468,18,25 (2) In counting the absentee ballots, the board of canvassers shall use 2 duplicate copies of a single poll list for the entire municipality prepared in accordance with s. 6.36 (2). Upon accepting each absentee ballot, the board of canvassers shall enter a poll list number on the poll list next to the name of the elector who voted the ballot, beginning with the number one. If the elector's name does not appear on the poll list, the board of canvassers shall enter the number on a separate list maintained under this subsection.

SB468,19,19 (3) (a) The board of canvassers shall first open the carrier envelope only, and announce the name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47 (2). When the board of canvassers finds that the certification has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, the board of canvassers shall enter an indication on the poll list next to the applicant's name indicating an absentee ballot is cast by the elector. The board of canvassers shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The board of canvassers shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the board of canvassers shall verify that the ballot has been endorsed by the issuing clerk. If the poll list indicates that identification is required and no identification is enclosed or the name or address on the document that is provided is not the same as the name and address shown on the poll list, the board of canvassers shall proceed as provided under s. 6.97 (2). The board of canvassers shall mark the poll list number of each elector who casts an absentee ballot on the back of the elector's ballot. The board of canvassers shall then deposit the ballot into the proper ballot box and enter the absent elector's name or poll list number after his or her name on the poll list.

SB468,20,10 (b) When the board of canvassers finds that a certification is insufficient, that the applicant is not a qualified elector in the ward or election district, that the ballot envelope is open or has been opened and resealed, that the ballot envelope contains more than one ballot of any one kind, or that the certificate of an elector who received an absentee ballot by facsimile transmission or electronic mail is missing, or if proof is submitted to the board of canvassers that an elector voting an absentee ballot has since died, the board of canvassers shall not count the ballot. Each member of the board of canvassers shall endorse every ballot not counted on the back as "rejected (giving the reason)." The board of canvassers shall reinsert each rejected ballot into the certificate envelope in which it was delivered and enclose the certificate envelopes and ballots, and securely seal the ballots and envelopes in an envelope marked for rejected absentee ballots. The board of canvassers shall endorse the envelope as "rejected ballots," with a statement of the ward or election district and date of the election, and each member of the board of canvassers shall sign the statement. The board of canvassers shall then return the envelope containing the ballots to the municipal clerk.

SB468,20,19 (4) (a) The board of canvassers shall then open the ballot box and remove and count the number of ballots therein without examination except as is necessary to ascertain that each is a single ballot. If 2 or more ballots are folded together so as to appear as a single ballot, the board of canvassers shall lay them aside until the count is completed; and if, after a comparison of the count and the appearance of the ballots it appears to the board of canvassers that the ballots folded together were voted by the same person they shall not be counted but the board of canvassers shall mark them as to the reason for removal, set them aside, and carefully preserve them. The board of canvassers shall then proceed under par. (b).

SB468,20,24 (b) When during the counting of the ballots cast at an election the board of canvassers finds that a ballot is so defective that it cannot determine with reasonable certainty for whom it was cast, the board of canvassers shall so mark the ballot and preserve it. The board of canvassers shall not count the vote cast on the ballot for any office for which it determines the ballot to be defective.

SB468,21,10 (c) Whenever the number of ballots exceeds the number of voting electors as indicated on the poll list, the board of canvassers shall place all ballots face up to check for blank ballots. In this paragraph, "blank ballot" means a ballot on which no votes are cast for any office or question. The board of canvassers shall mark, lay aside, and preserve any blank ballots. If the number of ballots still exceeds the number of voting electors, the board of canvassers shall place all ballots face down and proceed to check for the initials. The inspectors shall mark, lay aside, and preserve any ballot not bearing the initials of the municipal clerk. During the count the board of canvassers shall count those ballots cast by challenged electors the same as the other ballots.

SB468,21,16 (d) The board of canvassers shall keep a written statement, in duplicate, of the number of ballots set aside and the number of defective ballots and challenged ballots. The statement shall contain a record of the reasons for setting aside each ballot and the reasons why each defective or challenged ballot is defective or challenged. The board of canvassers shall certify that the statement is correct, sign it, and attach it to the tally sheets.

SB468,22,4 (e) If, after any ballots have been set aside, the number of ballots still exceeds the total number of electors recorded on the poll list, the board of canvassers shall place the absentee ballots in the ballot box and one of the members shall publicly and without examination draw therefrom by chance the number of ballots equal to the excess number of ballots. All ballots so removed shall not be counted but shall be specially marked as having been removed by the board of canvassers 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 list agree, the board of canvassers 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 board of canvassers shall then open, count, and record the number of votes. When the ballots are counted, the board of canvassers 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.

SB468,22,7 (f) If corrected ballots under s. 5.06 (6) or 5.72 (3) are distributed under s. 7.10 (3), only the votes cast on the corrected ballots may be counted for any office or referendum in which the original ballots differ from the corrected ballots.

SB468,22,19 (g) The board of canvassers shall place together all ballots counted by it which relate to any national, state, or county office or any state, county, or technical college district referendum and secure them together so that they cannot be untied or tampered with without breaking the seal. The secured ballots, together with any ballots marked "Defective," shall then be secured by the board of canvassers in the ballot container in such a manner that the container cannot be opened without breaking the seals or locks, or destroying the container. The board of canvassers shall place the ballots cast under s. 6.97 in a separate, securely sealed carrier envelope which is clearly marked "Section 6.97 ballots." Each member of the board of canvassers shall sign the carrier envelope. The carrier envelope shall not be placed in the ballot container. The board of canvassers shall then deliver the ballots to the municipal clerk in the ballot container and carrier envelope.

SB468,22,25 (h) For ballots that relate only to municipal or school district offices or referenda, the board of canvassers, in lieu of par. (a), after counting the ballots shall return them to the proper ballot boxes, lock the boxes, paste paper over the slots, sign their names to the paper, and deliver them and the keys therefor to the municipal or school district clerk. The clerk shall retain the ballots until destruction is authorized under s. 7.23.

SB468,23,6 (i) All absentee certificate envelopes which have been opened shall be returned by the board of canvassers to the municipal clerk in a securely sealed carrier envelope that is clearly marked "used absentee certificate envelopes." The envelopes shall be signed by each member of the board of canvassers. Except when the ballots are used in a municipal or school district election only, the municipal clerk shall transmit the used envelopes to the county clerk.

SB468,23,9 (5) The vote of any absent elector may be challenged for cause and the board of canvassers shall have all the power and authority given the inspectors to hear and determine the legality of the ballot the same as if the ballot had been voted in person.

SB468,23,17 (6) (a) The board of canvassers shall review each certificate envelope to determine whether any absentee ballot is cast by an elector whose name appears on the poll list as ineligible to vote at the election. If the board of canvassers receives an absentee ballot that has been cast by an elector whose name appears on the poll list as ineligible to vote, the inspectors shall challenge the ballot in the same manner as provided for inspectors making challenges under s. 6.92 and shall treat the ballot in the manner as provided for treatment of challenged ballots by inspectors under s. 6.95.

SB468,24,12 (b) Any elector may challenge for cause any absentee ballot other than a ballot that was cast in person under s. 6.86 (1) (a) 2. or under s. 6.873. For the purpose of deciding upon ballots that are challenged for any reason, the board of canvassers may call before it any person whose absentee ballot is challenged if the person is available to be called. If the person challenged refuses to answer fully any relevant questions put to him or her by the board of canvassers under s. 6.92, the board of canvassers shall reject the elector's vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the members of the board of canvassers shall administer to the person the following oath or affirmation: "You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 days have been a resident of this ward except under s. 6.02 (2); you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election." If the person challenged refuses to take the oath or affirmation, the person's vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the board of canvassers under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person's vote shall be received.

SB468,25,8 (7) The board of canvassers shall maintain tally sheets on forms provided by the municipal clerk, which shall state the total number of votes cast for each office and for each individual receiving votes for that office, whether or not the individual's name appears on the ballot, and shall state the vote for and against each proposition voted on. If the board of canvassers recesses without completing the canvass of the absentee ballots, the municipal clerk shall secure the tally sheets, together with all ballots, envelopes, and other materials, and shall deliver them to the board of canvassers at its next meeting under sub. (1). Upon completion of the canvass of the absentee ballots, the board of canvassers shall immediately complete statements in duplicate. The statements shall state the excess, if any, by which the number of ballots exceeds the number of electors voting as shown by the poll list used by the board of canvassers under this section and shall state the poll list number of the last elector as shown by the poll list. Each member of the board of canvassers shall then certify to the correctness of the statements and tally sheets and sign their names. All other election officials assisting with the tally shall also certify to the correctness of the tally sheets. If the board of canvassers meets under sub. (1) before the day after election day, the canvassers shall not announce the results and the records of the count are not open to public inspection and copying under s. 19.35 (1). When the tally is complete, the board of canvassers shall publicly announce the results from the statements and the records of the count are open to public inspection and copying under s. 19.35 (1).