AB746, s. 49 7Section 49. 6.80 (1) of the statutes is amended to read:
AB746,18,128 6.80 (1) Voting booth or machine use. Only one individual at a time is
9permitted to occupy a voting booth or machine, except that an elector who is a parent
10or guardian may be accompanied by the elector's minor child or minor ward, and an
11elector who qualifies for assistance under s. 6.82 (2) may be assisted as provided in
12that subsection.
AB746, s. 50 13Section 50. 6.80 (2) (a) of the statutes is amended to read:
AB746,18,1914 6.80 (2) (a) Upon receiving his or her ballot and without leaving the polling
15place, the elector shall enter an unoccupied voting booth or machine alone to cast his
16or her vote, except as authorized in sub. (1). An elector may use or copy an unofficial
17sample ballot which may be marked in advance of entering the polling place, but an
18elector may not use or bring into the polling place any ballot printed upon paper of
19the type required or utilized for official ballots at that polling place.
AB746, s. 51 20Section 51. 6.80 (2) (am) of the statutes is amended to read:
AB746,19,221 6.80 (2) (am) In partisan primaries, an elector may vote for a person as the
22candidate of the party of the elector's choice, if that person's name does not appear
23on the official ballot of that party, by writing in the name of the person in the space
24provided on the ballot or the ballot provided for that purpose, or where voting

1machines are used, in the irregular ballot device,
designating the party for which the
2elector desires such person to be the nominee.
AB746, s. 52 3Section 52. 6.80 (2) (f) of the statutes is amended to read:
AB746,19,154 6.80 (2) (f) In the presidential preference primary and other partisan primary
5elections at polling places where ballots are distributed to electors, unless the ballots
6are prepared under s. 5.655 or are utilized with an electronic voting system in which
7all candidates appear on the same ballot, after the elector prepares his or her ballot
8the elector shall detach the remaining ballots, fold the ballots to be discarded and fold
9the completed ballot unless the ballot is intended for counting with automatic
10tabulating equipment. The elector shall then either personally deposit the ballots
11to be discarded into the separate ballot box marked "blank ballot box" and deposit
12the completed ballot into the ballot box indicated by the inspectors, or give the ballots
13to an inspector who shall deposit the ballots directly into the appropriate ballot
14boxes. The inspectors shall keep the blank ballot box locked until the canvass is
15completed and shall dispose of the blank ballots as prescribed by the municipal clerk.
AB746, s. 53 16Section 53. 6.80 (3) (title) of the statutes is amended to read:
AB746,19,1717 6.80 (3) (title) Time in booth or machine.
AB746, s. 54 18Section 54. 6.80 (3) (b) of the statutes is amended to read:
AB746,19,2119 6.80 (3) (b) If an elector refuses to leave the booth or machine after being
20notified by one of the inspectors that the time has expired, the elector shall be
21removed by the inspectors.
AB746, s. 55 22Section 55. 6.82 (2) (a) and (b) of the statutes are amended to read:
AB746,20,723 6.82 (2) (a) If an elector declares to the presiding election official that he or she
24cannot read or write, or has difficulty in reading, writing or understanding English
25or that due to disability is unable to mark a ballot or depress a button or lever on a

1voting machine
, the elector shall be informed by the officials that he or she may have
2assistance. When assistance is requested, the elector may select any individual to
3assist in casting his or her vote. The selected individual rendering assistance may
4not be the elector's employer or an agent of that employer or an officer or agent of a
5labor organization which represents the elector. The selected individual shall certify
6on the back of the ballot that it was marked with his or her assistance. Where voting
7machines are used, certification shall be made on the registration list.
AB746,20,128 (b) The individual chosen shall enter the voting booth or machine with the
9elector and shall read the names of all candidates on the ballot for each office, and
10ask, "For which one do you vote?". The ballot shall be marked or the lever or button
11depressed
according to the elector's expressed preference. The individual selected
12to assist may not disclose to anyone how the elector voted.
AB746, s. 56 13Section 56. 6.82 (3) of the statutes is repealed.
AB746, s. 57 14Section 57. 6.96 of the statutes is amended to read:
AB746,21,6 156.96 Voting procedure for electors voting pursuant to federal court
16order.
Whenever any elector is allowed to vote at a polling place pursuant to a
17federal court order after the closing time provided under s. 6.78, the inspectors shall,
18before giving the elector a ballot, write on the back of the ballot the notation "s. 6.96".
19If voting machines are used in the municipality where the elector is voting, the
20elector's vote may be received only upon an absentee ballot furnished by the
21municipal clerk which shall have the notation "s. 6.96" written on the back of the
22ballot by the inspectors before the ballot is given to the elector.
When receiving the
23elector's ballot, the inspectors shall provide the elector with the written voting
24information prescribed by the board under s. 7.08 (8). The inspectors shall indicate
25on the list the fact that the elector is voting pursuant to a federal court order. The

1inspectors shall then deposit the ballot. The ballot shall be counted under s. 5.85 or
27.51 unless the order is vacated. If the order is vacated after the ballot is counted, the
3appropriate board or boards of canvassers or the chairperson of the board or his or
4her designee shall reopen the canvass to discount any ballots that were counted
5pursuant to the vacated order and adjust the statements, certifications, and
6determinations accordingly.
AB746, s. 58 7Section 58. 6.965 of the statutes, as created by 2011 Wisconsin Act 23, is
8amended to read:
AB746,22,4 96.965 Voting procedure for electors presenting citation or notice in
10lieu of license or receipt.
Whenever any elector is allowed to vote at a polling place
11under s. 6.79 (7) by presenting a citation or notice of intent to revoke or suspend an
12operator's license in lieu of an operator's license or driving receipt issued to the
13elector under ch. 343, the inspectors shall, before giving the elector a ballot, write on
14the back of the ballot the serial number of the elector corresponding to the number
15kept at the election on the poll list or other list maintained under s. 6.79 and the
16notation "s. 6.965." If voting machines are used in the municipality where the elector
17is voting, the elector's vote may be received only upon an absentee ballot furnished
18by the municipal clerk which shall have the notation "s. 6.965" written on the back
19of the ballot by the inspectors before the ballot is given to the elector.
If the municipal
20clerk receives an absentee ballot from an elector who presents a citation or notice,
21or copy thereof, under s. 6.87 (4) (b) 4., the clerk shall enter a notation on the
22certificate envelope "Ballot under s. 6.965, stats." Upon receiving the envelope, the
23inspectors shall open and write on the back of the ballot the serial number of the
24elector corresponding to the number kept at the election on the poll list or other list
25maintained under s. 6.79 and the notation "s. 6.965." The inspectors shall indicate

1on the poll list or other list maintained under s. 6.79 the fact that the elector is voting
2by using a citation or notice in lieu of a license or driving receipt. The inspectors shall
3then deposit the ballot. The ballot shall then be counted under s. 5.85, or under s.
47.51 or 7.52.
AB746, s. 59 5Section 59. 6.97 (1) of the statutes, as affected by 2011 Wisconsin Act 23, is
6amended to read:
AB746,23,127 6.97 (1) Whenever any individual who is required to provide proof of residence
8under s. 6.34 in order to be permitted to vote appears to vote at a polling place and
9cannot provide the required proof of residence, the inspectors shall offer the
10opportunity for the individual to vote under this section. Whenever any individual,
11other than a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as
12defined in s. 6.34 (1) (b), or an elector who has a confidential listing under s. 6.47 (2),
13appears to vote at a polling place and does not present proof of identification under
14s. 6.79 (2), whenever required, the inspectors or the municipal clerk shall similarly
15offer the opportunity for the individual to vote under this section. If the individual
16wishes to vote, the inspectors shall provide the elector with an envelope marked
17"Ballot under s. 6.97, stats." on which the serial number of the elector is entered and
18shall require the individual to execute on the envelope a written affirmation stating
19that the individual is a qualified elector of the ward or election district where he or
20she offers to vote and is eligible to vote in the election. The inspectors shall, before
21giving the elector a ballot, write on the back of the ballot the serial number of the
22individual corresponding to the number kept at the election on the poll list or other
23list maintained under s. 6.79 and the notation "s. 6.97". If voting machines are used
24in the municipality where the individual is voting, the individual's vote may be
25received only upon an absentee ballot furnished by the municipal clerk which shall

1have the corresponding number from the poll list or other list maintained under s.
26.79 and the notation "s. 6.97" written on the back of the ballot by the inspectors
3before the ballot is given to the elector.
When receiving the individual's ballot, the
4inspectors shall provide the individual with written voting information prescribed
5by the board under s. 7.08 (8). The inspectors shall indicate on the list the fact that
6the individual is required to provide proof of residence or proof of identification under
7s. 6.79 (2) but did not do so. The inspectors shall notify the individual that he or she
8may provide proof of residence or proof of identification to the municipal clerk or
9executive director of the municipal board of election commissioners. The inspectors
10shall also promptly notify the municipal clerk or executive director of the name,
11address, and serial number of the individual. The inspectors shall then place the
12ballot inside the envelope and place the envelope in a separate carrier envelope.
AB746, s. 60 13Section 60. 7.03 (1) (a) and (d) of the statutes are amended to read:
AB746,24,214 7.03 (1) (a) Except as authorized under this paragraph, a reasonable daily
15compensation shall be paid to each inspector, voting machine custodian, automatic
16tabulating equipment technician, member of a board of canvassers, messenger, and
17tabulator who is employed and performing duties under chs. 5 to 12. Daily
18compensation shall also be provided to inspectors and inspector trainees for
19attendance at training programs conducted by the board and municipal clerks under
20ss. 7.31 and 7.315. Alternatively, such election officials and trainees may be paid by
21the hour at a proportionate rate for each hour actually worked. Any election official
22or trainee may choose to volunteer his or her services by filing with the municipal
23clerk of the municipality in which he or she serves a written declination to accept
24compensation. The volunteer status of the election official or trainee remains

1effective until the official or trainee files a written revocation with the municipal
2clerk.
AB746,24,73 (d) Except as otherwise provided in par. (a), special registration deputies
4appointed under s. 6.55 (6), special voting deputies appointed under s. 6.875 (4) and
5officials and trainees who attend training sessions under s. 7.15 (1) (e) or 7.25 (5) may
6also be compensated by the municipality where they serve at the option of the
7municipality.
AB746, s. 61 8Section 61. 7.08 (1) (d) of the statutes is amended to read:
AB746,24,159 7.08 (1) (d) Promulgate rules for the administration of the statutory
10requirements for voting machines and electronic voting systems and any other
11voting apparatus which may be introduced in this state for use at elections.
12Pursuant to such responsibility, the board may obtain assistance from competent
13persons to check the machines, systems and apparatus and approve for use those
14types meeting the statutory requirements and shall establish reasonable
15compensation for persons performing duties under this paragraph.
AB746, s. 62 16Section 62. 7.10 (6) of the statutes is amended to read:
AB746,24,2317 7.10 (6) Municipal judge; certified list. If candidates for the office of a
18municipal judge who is elected under s. 755.01 (4) file nomination papers in the office
19of the county clerk and any municipality served by the judge prepares its own ballots
20for voting machines or an electronic voting system, the county clerk shall certify to
21the municipal clerk of that municipality the names of the candidates for judge as soon
22as possible after the last day for filing nomination papers and after certification by
23the county board of canvassers of the results of any primary election.
AB746, s. 63 24Section 63. 7.15 (2) (c) of the statutes is amended to read:
AB746,25,5
17.15 (2) (c) With the consent of the county clerk, municipalities may prepare
2their own ballots whenever voting machines or an electronic voting systems are
3system is used in elections where candidates for both local offices and national, state
4or county offices appear on the ballot. This paragraph does not apply to cities under
5par. (b).
AB746, s. 64 6Section 64. 7.15 (3) of the statutes is amended to read:
AB746,25,117 7.15 (3) Ballot supply; sample ballots. (a) Where voting machines are used
8or where
electronic voting systems are employed, the municipal clerk shall provide
9at least 2 duplicate sample ballots for each ward in diagram form showing the board
10or screen inside each voting machine or the front of each ballot as it will appear in
11the voting machines or booths on election day.
AB746,25,1312 (b) Sample ballots and voting machine ballots shall be furnished to the officials
13in the ward or election district at least one day before each election.
AB746, s. 65 14Section 65. 7.15 (6) of the statutes is amended to read:
AB746,25,2315 7.15 (6) Substitute ballots. (a) The municipal clerk shall provide substitute
16paper ballots in substantially the form of the original ballots whenever the necessary
17original ballots are not delivered to the municipality, are destroyed, are lost or stolen
18after delivery, are not ready for distribution or the supply is exhausted during polling
19hours. The municipal clerk may also provide substitute paper ballots, together with
20ballot boxes and voting booths, whenever a voting machine or an electronic voting
21system is rendered inoperable by a malfunction which occurs within 24 hours of the
22time set for opening of the polls. Paper ballots may be cast only in accordance with
23the procedures prescribed in ss. 6.80 (2) and 7.37 (4).
AB746,26,524 (b) Upon receiving the substitute paper ballots accompanied by a statement
25made under oath by the municipal clerk that the ballots have been prepared and

1furnished by the clerk to replace the original ballots which are not available, or to
2substitute for a voting machine or an electronic voting system which has been
3rendered inoperable by a malfunction which occurred within 72 hours of the time set
4for opening of the polls, the election officials shall use the substitute ballots in the
5same manner as if they had been original ballots.
AB746, s. 66 6Section 66. 7.23 (1) (h) of the statutes is amended to read:
AB746,26,97 7.23 (1) (h) Except as provided in par. (f), ballots at an election may be destroyed
8no earlier than 14 days before the next regularly scheduled election but in no case
9earlier than
30 days after any election.
AB746, s. 67 10Section 67. 7.23 (2) of the statutes is amended to read:
AB746,26,2111 7.23 (2) If a recount is pending or if the time allowed for filing a recount petition
12at any election or an appeal or petition for review of any recount determination or
13decision at an election has not expired, no materials may be destroyed until after the
14recount is completed and the applicable time period has expired. In addition, if there
15is litigation pending with respect to a recount at an election, materials may be
16destroyed and recording units or compartments may be cleared or erased only by
17order of the court in which litigation is pending. Upon petition of the attorney
18general or a district attorney or U.S. attorney for the affected jurisdiction, a circuit
19judge for the affected jurisdiction may order that specified materials not be destroyed
20or that specified recorders, units or compartments not be cleared or erased as
21otherwise authorized under this subsection until the court so permits.
AB746, s. 68 22Section 68. 7.25 of the statutes is repealed.
AB746, s. 69 23Section 69. 7.30 (1) (a) of the statutes is amended to read:
AB746,27,1424 7.30 (1) (a) Except as authorized under par. (b), there shall be 7 inspectors for
25each polling place at each election. Except as authorized in par. (b), in municipalities

1where voting machines are used, the municipal governing body may reduce the
2number of inspectors to 5.
A municipal governing body may provide for the
3appointment of additional inspectors whenever more than one voting machine is
4used or
wards are combined under s. 5.15 (6) (b). A municipal governing body may
5provide by ordinance for the selection of alternate officials or the selection of 2 or
6more sets of officials to work at different times on election day, and may permit the
7municipal clerk or board of election commissioners to establish different working
8hours for different officials assigned to the same polling place. Alternate officials
9shall also be appointed in a number sufficient to maintain adequate staffing of
10polling places. Except for inspectors who are appointed under par. (b) and officials
11who are appointed without regard to party affiliation under sub. (4) (c), additional
12officials shall be appointed in such a manner that the total number of officials is an
13odd number and the predominant party under sub. (2) is represented by one more
14official than the other party.
AB746, s. 70 15Section 70. 7.37 (4) of the statutes is amended to read:
AB746,27,2516 7.37 (4) Balloting procedure. At polling places which utilize paper ballots or
17electronic voting systems in which ballots are distributed to electors, 2 inspectors
18shall be assigned to take charge of the official ballots. They shall write their initials
19on the back of each ballot and deliver to each elector as he or she enters the voting
20booth one ballot properly endorsed by each of them. Where paper ballots are used,
21the inspectors shall fold each ballot in the proper manner to be deposited before
22delivering it to the elector. If asked, inspectors may instruct any elector as to the
23proper manner of marking the ballot, but they may not give advice, suggestions,
24express any preferences or make any requests as to the person for whom, the
25question on which or the ballot on which the elector shall vote.
AB746, s. 71
1Section 71. 7.41 (4m) of the statutes is created to read:
AB746,28,52 7.41 (4m) Any individual may, with reasonable prior notice to a municipal
3clerk, inspect the area in which ballots relating to an election are stored after the date
4of that election. This subsection does not authorize an individual to inspect ballots
5or to require the breaking of seals on ballot bags or containers.
AB746, s. 72 6Section 72. 7.41 (5) of the statutes is amended to read:
AB746,28,107 7.41 (5) The board may promulgate rules that are consistent with the
8requirements of sub. (2) regarding the proper conduct of individuals exercising the
9right rights under sub. subs. (1) and (4m), including the interaction of those
10individuals with inspectors and other election officials.
AB746, s. 73 11Section 73. 7.50 (2) (hm) of the statutes is repealed.
AB746, s. 74 12Section 74. 7.51 (2) (a) of the statutes is amended to read:
AB746,28,2513 7.51 (2) (a) The inspectors shall first compare the poll lists, correcting any
14mistakes until the poll lists agree. The chief inspector and the inspectors who are
15responsible for recording electors under s. 6.79 shall verify the correctness of the poll
16lists after the polls close by each signing their name thereto. Where ballots are
17distributed to electors, the
The inspectors shall then open the ballot box and remove
18and count the number of ballots therein without examination except as is necessary
19to ascertain that each is a single ballot. If 2 or more ballots are folded together so as
20to appear as a single ballot, the inspectors shall lay them aside until the count is
21completed; and if, after a comparison of the count and the appearance of the ballots
22it appears to a majority of the inspectors that the ballots folded together were voted
23by the same person they may not be counted but the inspectors shall mark them as
24to the reason for removal, set them aside and carefully preserve them. The inspectors
25shall then proceed under par. (b).
AB746, s. 75
1Section 75. 7.51 (2) (g) and (h) of the statutes are repealed.
AB746, s. 76 2Section 76. 7.51 (3) (c) of the statutes is repealed.
AB746, s. 77 3Section 77. 7.51 (6) of the statutes is amended to read:
AB746,29,104 7.51 (6) Electronic voting systems. The procedure for canvassing of votes cast
5at polling places utilizing an electronic voting system in which ballots are distributed
6to electors
shall follow the procedure for canvassing paper ballots insofar as
7applicable, and the procedure for canvassing of votes cast at polling places utilizing
8an electronic voting machine shall follow the procedure for canvassing of mechanical
9voting machines insofar as applicable,
except as otherwise provided in ss. 5.85 to
105.89.
AB746, s. 78 11Section 78. 8.50 (3) (c) of the statutes, as affected by 2011 Wisconsin Act 75,
12is amended to read:
AB746,29,1913 8.50 (3) (c) Notwithstanding ss. 5.37 (4), 5.91 (6) and 6.80 (2) (f), whenever a
14special partisan primary is held concurrently with the presidential preference
15primary, an elector may choose the party column or ballot in which the elector will
16cast his or her vote separately for each of the 2 primaries. Whenever 2 or more special
17partisan primaries or one or more special partisan primaries and a partisan primary
18are held concurrently, the procedure prescribed in ss. 5.37 (4), 5.91 (6) and 6.80 (2)
19(f) applies.
AB746, s. 79 20Section 79. 8.55 (4) of the statutes is amended to read:
AB746,29,2321 8.55 (4) Whenever the clerks of more than one jurisdiction are required under
22this section to publish the same notice on the same day, they may publish one notice
23only and share the cost under s. 10.07 (1).
AB746, s. 80 24Section 80. 9.01 (1) (a) 1. of the statutes, as affected by 2011 Wisconsin Acts
2575
and 115, is amended to read:
AB746,30,21
19.01 (1) (a) 1. Any candidate voted for at any election, or any elector who voted
2in an election in which one or more candidates seek office or who voted upon any
3referendum question at any election, may petition for a recount of that election. The
4petitioner shall file a verified petition or petitions with the proper clerk or body under
5par. (ar) not earlier than the time of completion of the canvass following canvassing
6of any valid provisional and absentee ballots under ss. 6.97 (4) and 7.515 (6) and,
7except as provided in this subdivision, not later than 5 p.m. on the 3rd business day
8following the last meeting day of the municipal or county board of canvassers
9determining the election for that office or on that referendum question following
10canvassing of all valid provisional and absentee ballots or, if more than one board of
11canvassers makes the determination, not later than 5 p.m. on the 3rd business day
12following the last meeting day of the last board of canvassers which makes a
13determination following canvassing of all valid provisional and absentee ballots. If
14the chairperson of the board or chairperson's designee makes the determination for
15the office or the referendum question, the petitioner shall file the petition not earlier
16than the last meeting day of the last county board of canvassers to make a statement
17in the election or referendum following canvassing of all valid provisional and
18absentee ballots and not later than 5 p.m. on the 3rd business day following the day
19on which the government accountability board receives the last statement from a
20county board of canvassers for the election or referendum following canvassing of all
21valid provisional and absentee ballots.
AB746, s. 81 22Section 81. 9.01 (1) (a) 2. a. of the statutes is amended to read:
AB746,30,2523 9.01 (1) (a) 2. a. That at the election the petitioner was a candidate for the office
24in question or that the petitioner voted in the election for the office in issue or on the
25referendum question in issue.
AB746, s. 82
1Section 82. 9.01 (1) (ag) 1., 1m. and 2. of the statutes, as affected by 2011
2Wisconsin Acts 75
and 115, are amended to read:
AB746,31,103 9.01 (1) (ag) 1. If the petitioner is a candidate for the office in issue or an elector
4who voted on the referendum in issue and
the difference between the votes cast for
5the leading candidate and those cast for the petitioner candidate receiving the next
6highest number of votes
or the difference between the affirmative and negative votes
7cast upon any referendum question is less than 10 if 1,000 or less votes are cast or
8not more than 0.5% of the total votes cast for the office or on the question if more than
91,000 votes are cast following canvassing of all valid provisional and absentee
10ballots, the petitioner is not required to pay a fee.
AB746,31,1911 1m. If the petitioner is a candidate for the office in issue or an elector who voted
12on the referendum in issue and
the difference between the votes cast for the leading
13candidate and those cast for the petitioner candidate receiving the next highest
14number of votes
or the difference between the affirmative and negative votes cast
15upon any referendum question is at least 10 if 1,000 or less votes are cast or is more
16than 0.5% but not more than 2% if more than 1,000 votes are cast following canvasing
17of all valid provisional and absentee ballots, the petitioner shall pay a fee of $5 for
18each ward for which the petition requests a ballot recount, or $5 for each municipality
19for which the petition requests a recount where no wards exist.
AB746,32,320 2. If the petitioner is not a candidate for the office in issue, or if the petitioner
21is a candidate for that office and
the difference between the votes cast for the leading
22candidate and those cast for the petitioner candidate receiving the next highest
23number of votes
or the difference between the affirmative and negative votes cast
24upon any referendum question is more than 2% if more than 1,000 votes are cast
25following canvassing of all valid provisional and absentee ballots, the petitioner shall

1pay a fee equal to the actual cost of performing the recount in each ward for which
2the petition requests a recount, or in each municipality for which the petition request
3a recount where no wards exist.
AB746, s. 83 4Section 83. 9.01 (1) (b) 6. to 8. of the statutes are repealed.
AB746, s. 84 5Section 84. 9.01 (1) (b) 8m. and 8s. of the statutes are amended to read:
AB746,32,156 9.01 (1) (b) 8m. Where a voting machine or an electronic voting system is used,
7and an error in the vote total as shown on the machine or record of votes cast is clearly
8apparent, the board of canvassers may change the vote total as shown by the machine
9or
system and certify or use a different total to certify a different result than is
10indicated by the machine or system if there is evidence of a specific malfunction in
11the machine or system, if the malfunction could reasonably have caused the error,
12and if clear and convincing evidence exists which indicates the exact actual total
13number of votes cast. The burden of demonstrating that a vote total shown on a
14machine or record of votes cast is incorrect rests with the party seeking to change the
15recorded result on the basis of clear and convincing evidence.
AB746,32,2016 8s. If an electronic voting system is used in which ballots are distributed to
17electors
, and the board of canvassers makes a determination of elector intent under
18s. 7.50, the board of canvassers shall add to the result generated by the automatic
19tabulating equipment any votes counted by the board of canvassers in making its
20determination.
AB746, s. 85 21Section 85. 9.01 (1) (b) 10. of the statutes is amended to read:
AB746,33,222 9.01 (1) (b) 10. Recounts at polling places utilizing an electronic voting system
23in which ballots are distributed to electors shall be performed in accordance with the
24procedure for recounting paper ballots insofar as applicable, except as provided in
25s. 5.90. Recounts at polling places utilizing electronic voting machines shall be

1performed in accordance with the procedure for recounting votes cast on mechanical
2voting machines, insofar as applicable, except as provided in s. 5.90.
AB746, s. 86 3Section 86. 9.01 (2) of the statutes is amended to read:
AB746,33,194 9.01 (2) Notice to candidates. When the recount concerns an election for an
5office, the clerk or body with whom the petition is filed shall promptly prepare a copy
6of the petition for delivery to each opposing candidate for the same office whose name
7appears on the ballot
that office other than the petitioner. In a recount proceeding
8for a nomination to an office at a partisan primary, the clerk or body shall prepare
9a copy of the petition for delivery to each opposing candidate other than the petitioner
10for the same party nomination for the same office, to each opposing candidate for the
11party nomination of each other party for the same office and to each independent
12candidate qualifying to have his or her name placed on the ballot for the succeeding
13election. A candidate or agent designated by a candidate may personally accept
14delivery of a copy of the petition. Upon such delivery, the clerk or body shall require
15the candidate or agent to sign a receipt therefor. If a candidate or agent does not
16personally accept delivery, the clerk or body shall then promptly deliver the copies
17of the petition to the sheriff, who shall promptly deliver the copies of the petition to
18each candidate at the address given on the candidate's nomination papers, without
19fee, in the manner provided for service of a summons in civil actions.
AB746, s. 87 20Section 87. 9.01 (3) of the statutes is amended to read:
AB746,33,2321 9.01 (3) Representation and observation. The petitioner, all opposing
22candidates in the election in issue, and all interested persons shall be entitled to be
23present in person and by counsel to observe the proceedings.
AB746, s. 88 24Section 88. 9.01 (4) of the statutes is amended to read:
AB746,34,12
19.01 (4) Right to complete recount. Whenever a recount petition for part of
2the wards within a jurisdiction or district, or for part of the municipalities within a
3district where there are no wards, is filed under this section, the opposing any
4candidate, or for the office in issue, any voter elector who voted in the election for
5office in issue,
or any other interested party including a municipality if on a
6referendum question, may similarly file a petition for recount in any or all of the
7remaining wards or municipalities in the jurisdiction or district. The petition shall
8be filed not later than 5 p.m. 2 days after the board of canvassers completes the first
9recount. The proper board of canvassers shall reconvene at 9 a.m. on the next
10business day following the filing of the petition and proceed to recount the ballots in
11all wards or municipalities specified and to otherwise review the allegations of fact
12contained in the petition. Any errors shall be corrected.
AB746, s. 89 13Section 89. 9.01 (6) (a) of the statutes is amended to read:
AB746,35,414 9.01 (6) (a) Within 5 business days after completion of the recount
15determination by the board of canvassers in all counties concerned, or within 5
16business days after completion of the recount determination by the chairperson of
17the board or the chairperson's designee whenever a determination is made by the
18chairperson or designee, the petitioner or any candidate, or any elector when for a
19referendum, aggrieved by the recount may appeal to circuit court. The appeal shall
20commence by serving a written notice of appeal on the other petitioner and on all
21candidates other than the petitioner and all other persons who filed a written notice
22of appearance before each board of canvassers whose decision is appealed, or in the
23case of a statewide recount, before the chairperson of the board or the chairperson's
24designee. The appellant shall also serve notice on the board if the chairperson of the
25board or the chairperson's designee is responsible for determining the election. The

1appellant shall serve the notice by certified mail or in person. The appellant shall
2file the notice with the clerk of circuit court together with an undertaking and surety
3in the amount approved by the court, conditioned upon the payment of all costs taxed
4against the appellant.
AB746, s. 90 5Section 90. 9.01 (7) (a) of the statutes is amended to read:
AB746,35,126 9.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an
7order directing each affected county or municipal clerk or board to transmit
8immediately all ballots, papers and records affecting the appeal to the clerk of court
9or to impound and secure such ballots, papers and records, or both. The order shall
10be served upon each affected county or municipal clerk or board, and upon the
11petitioner
and all other candidates and other persons who filed a written notice of
12appearance before any board of canvassers involved in the recount.
AB746, s. 91 13Section 91. 10.01 (2) (b) of the statutes is amended to read:
AB746,35,2214 10.01 (2) (b) Type B—The type B notice shall include the relevant facsimile
15ballots and the relevant portions of voting instructions to electors under s. 10.02 for
16each office or referendum and shall specify the date of the election. In counties or
17municipalities where an electronic voting system in which ballots are distributed to
18electors
is used, the notice shall include the information specified in s. 5.94. The type
19B notice shall be published once by the county clerks, and for primaries and other
20elections in municipalities or special purpose districts, once by the clerk of the
21municipality or special purpose district on the day preceding each primary and other
22election.
AB746, s. 92 23Section 92. 10.02 (2) (c) of the statutes is amended to read:
AB746,36,924 10.02 (2) (c) The facsimile ballots shall follow the voting instructions. The size
25and style of type and the general display of the facsimile ballots shall be prescribed

1by the board and shall conform to the form prescribed by the board under s. 7.08 (1)
2(a). The party columns shall not exceed 2-1/6 inches in width and the ballot size may
3be reduced. Voting machine facsimile ballots shall show a reduced diagram of the
4front of the voting machine and instructions to electors on how to vote on the
5machine.
If the ballots in the wards or election districts within a county or
6municipality are identical but for the names of different candidates, districts or
7seats, the facsimile ballot may show the ballot for one ward or election district,
8accompanied by a list of candidates, districts and seats to be voted upon in the other
9wards or election districts.
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