LRB-3827/1
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2011 - 2012 LEGISLATURE
January 17, 2012 - Introduced by Senator Lazich, cosponsored by Representative
Tauchen, by request of Government Accountability Board. Referred to
Committee on Transportation and Elections.
SB381,1,10 1An Act to renumber 7.52 (6) (a); to renumber and amend 7.52 (5) and 7.52
2(6) (b); to amend 5.64 (1) (e) 1., 6.86 (2m) (a), 6.97 (4), 7.15 (4), 7.51 (1), 7.51 (5)
3(b), 7.515 (6) (b), 7.52 (1) (a), 7.53 (1), 7.53 (2) (d), 7.53 (3) (a), 7.60 (3), 7.60 (5)
4(a), 9.01 (1) (a) 1., 9.01 (1) (ag) 1., 9.01 (1) (ag) 1m., 9.01 (1) (ag) 2., 9.01 (1) (b)
5(intro.), 60.11 (2), 60.16 (1), 60.30 (4) (b), 66.1113 (2) (g), 66.1113 (2) (h) and
666.1333 (5m) (b); and to create 5.86 (3) and 7.15 (15) of the statutes; relating
7to:
county and municipal canvassing procedures, provisional ballot
8information, the deadline for filing a recount petition, terms of town officers, the
9date of the annual town meeting, and technical revisions to certain election
10laws.
Analysis by the Legislative Reference Bureau
This bill makes changes to election laws pertaining to municipal and county
canvassing procedures, provisional ballot information, the deadline for filing a
petition for recounts, the terms of town officers, and the date of the annual town
meeting, and makes technical revisions to certain election laws. Significant
provisions include:

Municipal canvass
Currently, votes cast at polling places are publicly canvassed on election night
at those polling places except that a municipality may canvass ballots used with an
electronic voting system at a central location on election night and may canvass
absentee ballots at a central location no later than 4 p.m. on the Thursday after an
election. In municipalities having more than one polling place, the municipal board
of canvassers must meet within 24 hours after the polls close to canvass the election.
Municipalities must deliver their returns for county, state, and national offices to the
appropriate counties by 4 p.m. on the day after each election or, in municipalities
where absentee ballots are canvassed by a board of absentee ballot canvassers, by
4 p.m. on the second day after each election. If there are valid absentee ballots that
are received by 4 p.m. on the Friday after the election or valid provisional ballots that
were cast by electors providing proof of identification by that time, the municipal
board of canvassers must reconvene by 9 a.m. on the following Saturday to count the
ballots and must adjust the returns accordingly. Municipalities must report their
amended returns for county, state, and national elections no later than 4 p.m. on the
Saturday following each election. This bill provides that municipal boards of
canvassers must meet no later than 9 a.m. on the Monday following each election to
canvass or recanvass the returns. If the board of canvassers has met earlier, the
board issues amended returns. Under the bill, municipalities must report their
returns or amended returns, if any, for county, state, and national offices to the
appropriate counties by 4 p.m. on the Monday following each election.
County canvass
Currently, each county board of canvassers must meet no later than 9 a.m. on
the Thursday after each election to canvass the election returns. Counties must
report their returns for each primary other than the partisan primary no later than
seven days after the primary is held. This bill provides that each county board of
canvassers must meet no later than 9 a.m. on the Tuesday after each election to
canvass the election returns. Under the bill, counties must report their returns for
each primary other than the partisan primary no later than nine days after the
primary is held.
Posting of provisional ballot information
This bill directs each municipal clerk and board of election commissioners, as
soon as possible after the polls close on election night, to post at their offices and on
the Internet at a site announced by the clerk or board before the polls open, a
statement of the number of outstanding provisional ballots that have been cast by
electors of the municipality in the election as of the closing hour for all polling places
in the municipality that cannot be counted as of that hour because the electors have
not satisfied relevant voting requirements. Currently, municipal clerks must post
similar information in the same manner concerning the number of absentee ballots
returned and the number of absentee ballots mailed or transmitted but not returned,
but need not post provisional ballot information.

Deadline for recount petitions to be filed
Currently, the latest time that a petition for a recount may be filed is not earlier
than the time of completion of the municipal or county canvass at which the election
is determined prior to any necessary reopening for the counting of valid absentee and
provisional ballots and not later than 5 p.m. on the third business day following the
last meeting day of the board of canvassers that makes the determination prior to
any necessary reopening. For state and national offices and statewide referenda, the
latest time that a petition may be filed is 5 p.m. on the third business day after the
last meeting day of the last county board of canvassers to make a determination with
respect to the office or referendum. Under this bill, the latest time that a petition for
a recount may be filed is the third business day following the last meeting day of the
board of canvassers that makes the determination following completion of any
necessary reopening for the counting of provisional and absentee ballots. For state
and national offices and statewide referenda, the latest time that a petition may be
filed is determined, as under current law, with reference to the last meeting day of
the last county board of canvassers to make a determination with respect to the office
or referendum.
Terms of town officers; date of annual town meeting
Currently, the terms of town officers begin on the second Tuesday in April. The
annual town meeting is held on the second Tuesday in April unless a town votes to
change the date to a date that is no later than the tenth day following the second
Tuesday in April. Under this bill, the terms of town officers begin on the third
Tuesday in April. In the year in which this bill becomes law, there will be a seven-day
period from the end of the prior terms until the beginning of the new terms, and
towns fill the resulting vacancies during this period in accordance with current law.
The bill also changes the date of the annual town meeting to the third Tuesday in
April unless a town votes to change the date to a date that is no later than the tenth
day following the third Tuesday in April.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB381, s. 1 1Section 1. 5.64 (1) (e) 1. of the statutes is amended to read:
SB381,4,92 5.64 (1) (e) 1. Except as provided in subd. 2., each candidate's name shall be
3placed in the column of the party by which nominated or if independent, in a column
4designated independent and all candidates for the same office shall appear within
5the same rows on the ballot. If a separate column is provided to write in the names
6of any party candidates under subd. 2., the column shall appear before the column
7designated independent with the spaces provided to write in the names of the

1candidates for each such party appearing in the same order in which the columns of
2their parties would appear under par. (b). Along with the names of the independent
3candidates shall appear the party or principle of the candidates, if any, in 5 words
4or less, as shown on their nomination papers. Independent candidates for the same
5county office shall be listed in the same manner in an order drawn by lot by or under
6supervision of the county clerk or board of election commissioners. The board shall
7conduct a redrawing for purposes of determining the arrangement of independent
8candidates for state office who appeared on the primary ballot in the manner
9provided in s. 5.60 (1) (b).
SB381, s. 2 10Section 2. 5.86 (3) of the statutes is created to read:
SB381,4,1811 5.86 (3) Upon completion of the central count at a county seat, the county clerk
12shall return any ballots, statements, tally sheets, or envelopes relating solely to a
13municipal election to the appropriate municipal clerk and any ballots, statements,
14tally sheets, or envelopes relating solely to a school district election to the school
15district clerk. In addition, the county clerk shall report the results of the central
16count of votes for each office or referendum by ward or by combined wards authorized
17under s. 5.15 (6) (b) to the municipal clerk of the municipality where the votes are
18cast.
SB381, s. 3 19Section 3. 6.86 (2m) (a) of the statutes, as affected by 2011 Wisconsin Act 23,
20is amended to read:
SB381,5,2221 6.86 (2m) (a) Except as provided in this subsection, any elector other than an
22elector who receives an absentee ballot under sub. (2) or s. 6.22 (4) or 6.24 (4) (c) may
23by written application filed with the municipal clerk of the municipality where the
24elector resides require that an absentee ballot be sent or transmitted to the elector
25automatically for every election that is held within the same calendar year in which

1the application is filed. The application form and instructions shall be prescribed by
2the board, and furnished upon request to any elector by each municipal clerk. The
3municipal clerk shall thereupon mail or transmit an absentee ballot to the elector for
4all elections that are held in the municipality during the same calendar year that the
5application is filed, except that the clerk shall not send an absentee ballot for an
6election if the elector's name appeared on the registration list in eligible status for
7a previous election following the date of the application but no longer appears on the
8list in eligible status. The municipal clerk shall ensure that any envelope containing
9the absentee ballot is clearly marked as not forwardable. If an elector who files an
10application under this subsection no longer resides at the same address that is
11indicated on the application form, the elector shall so notify the municipal clerk. The
12municipal clerk shall discontinue mailing or transmitting absentee ballots to an
13elector under this subsection upon receipt of reliable information that the elector no
14longer qualifies as an elector of the municipality. In addition, the municipal clerk
15shall discontinue mailing or transmitting absentee ballots to an elector under this
16subsection if the elector fails to return any absentee ballot mailed or transmitted to
17the elector. The municipal clerk shall notify the elector of any such action not taken
18at the elector's request within 5 days, if possible. An elector who fails to cast an
19absentee ballot but who remains qualified to receive absentee ballots under this
20subsection may then receive absentee ballots for subsequent elections by notifying
21the municipal clerk that the elector wishes to continue receiving absentee ballots for
22subsequent elections.
SB381, s. 4 23Section 4. 6.97 (4) of the statutes is amended to read:
SB381,6,1124 6.97 (4) Whenever a board of canvassers receives timely notification from the
25municipal clerk or executive director of the board of election commissioners under

1sub. (3) that an individual who has voted under this section is qualified to vote in the
2ward or election district where the individual's ballot is cast, the board of canvassers
3shall promptly reconvene and meet no later than 9 a.m. on the Monday following the
4election. The board of canvassers
shall proceed to record the name of the individual
5who has cast the ballot and
, if the ballot cast by the individual is otherwise valid,
6shall count the ballot and adjust the statements, certifications, and determinations
7accordingly. If the municipal clerk or executive director transmits returns of the
8election to the county clerk or board of election commissioners, the municipal clerk
9or executive director shall transmit to the county clerk or board of election
10commissioners a copy of the amended returns together with amended tally sheets
11and
all additional ballots counted reviewed by each the board of canvassers.
SB381, s. 5 12Section 5. 7.15 (4) of the statutes is amended to read:
SB381,6,1613 7.15 (4) Recording electors. Within Except as authorized in s. 6.33 (5) (a),
14within
30 days after each election, the municipal clerk shall enter on the registration
15list under the name of each elector of the municipality who has voted at the election
16an indication of the date of the election in which the elector voted.
SB381, s. 6 17Section 6. 7.15 (15) of the statutes is created to read:
SB381,6,2418 7.15 (15) Provide notice of outstanding provisional ballots. As soon as
19possible after the closing hour for all polling places in the municipality on election
20night, the municipal clerk shall post at his or her office and on the Internet at a site
21announced by the clerk before the polls open, and shall make available to any person
22upon request, a statement of the number of electors who have cast provisional ballots
23at the election in the municipality that cannot be counted as of that closing hour
24because the electors have not satisfied relevant voting requirements.
SB381, s. 7 25Section 7. 7.51 (1) of the statutes is amended to read:
SB381,7,17
17.51 (1) Canvass procedure. Immediately after the polls close the inspectors
2except any inspector appointed under s. 7.30 (1) (b) shall proceed to canvass publicly
3all votes received at the polling place. In any municipality where an electronic voting
4system is used, the municipal governing body or board of election commissioners may
5provide or authorize the municipal clerk or executive director of the board of election
6commissioners to provide for the adjournment of the canvass to one or more central
7counting locations for specified polling places in the manner prescribed in subch. III
8of ch. 5. No central counting location may be used to count votes at a polling place
9where an electronic voting system is not employed. The canvass, whether conducted
10at the polling place or at a central counting location, shall continue without
11adjournment until the canvass of all ballots cast and received on or before election
12day
is completed and the return statement is made or, in municipalities where
13absentee ballots are canvassed under s. 7.52, until the canvass of all absentee ballots
14cast and received on or before election day is completed and the return statement for
15those ballots is made. The inspectors shall not permit access to the name of any
16elector who has obtained a confidential listing under s. 6.47 (2) during the canvass,
17except as authorized in s. 6.47 (8).
SB381, s. 8 18Section 8. 7.51 (5) (b) of the statutes, as affected by 2011 Wisconsin Act 75, is
19amended to read:
SB381,8,1320 7.51 (5) (b) The municipal clerk shall deliver all ballots, statements, tally
21sheets, lists, and envelopes relating to a school district election to the school district
22clerk, excluding any absentee ballots that are received after the closing hour on
23election night and any provisional ballots,
by 4 p.m. on the day following each such
24election and shall deliver to the school district clerk any amended statements, tally
25sheets, and lists for additional provisional and absentee ballots canvassed under s.

16.97 (4) or 7.515 (6) (b) no later than 4 p.m. on the Monday after the election
. The
2municipal clerk shall deliver to the county clerk the ballots, statements, tally sheets,
3lists, and envelopes for his or her municipality relating to any county, technical
4college district, state, or national election to the county clerk no later than 4 p.m. on
5the day following each such election or, in municipalities where absentee ballots are
6canvassed under s. 7.52, by 4 p.m. on the 2nd day following each such election, and
7shall deliver to the county clerk any additional provisional and absentee ballots
8canvassed under s. 6.97 (4) or 7.515 (6) (b) together with amended statements, tally
9sheets, lists, and envelopes
no later than 4 p.m. on the day after receiving any
10corrected returns under s. 7.515 (6) (b)
Monday after the election. The person
11delivering the returns shall be paid out of the municipal treasury. Each clerk shall
12retain ballots, statements, tally sheets, or envelopes received by the clerk until
13destruction is authorized under s. 7.23 (1).
SB381, s. 9 14Section 9. 7.515 (6) (b) of the statutes, as affected by 2011 Wisconsin Act 75,
15is amended to read:
SB381,9,216 7.515 (6) (b) Whenever a board of canvassers receives notification from a
17municipal clerk under par. (a), the board of canvassers shall reconvene meet no later
18than 9 a.m. on the day Monday after the last day permitted for acceptance of absentee
19ballots under sub. (3) and
election. The board of canvassers shall proceed to open and
20record the names of the absentee electors whose ballots have been received. If the
21ballot cast by an absentee elector is otherwise valid, the board of canvassers shall
22count the ballot and adjust the statements, certifications, and determinations
23accordingly. If the municipal clerk transmits returns of the election to the county
24clerk, the municipal clerk shall transmit to the county clerk a copy of the amended

1returns together with all additional ballots and envelopes reviewed by the board of
2canvassers and with amended tally sheets.
SB381, s. 10 3Section 10. 7.52 (1) (a) of the statutes is amended to read:
SB381,9,214 7.52 (1) (a) The governing body of any municipality may provide by ordinance
5that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
6municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,
7at each election held in the municipality,
canvass all absentee ballots at all elections
8held in the municipality
received by the municipal clerk by 8 p.m. on election day.
9Prior to enacting an ordinance under this subsection, the municipal clerk or board
10of election commissioners of the municipality shall notify the board in writing of the
11proposed enactment and shall consult with the board concerning administration of
12this section. At every election held in the municipality following enactment of an
13ordinance under this subsection, the board of absentee ballot canvassers shall, any
14time after the opening of the polls and before 10 p.m. on election day, publicly convene
15to count the absentee ballots for the municipality. The municipal clerk shall give at
16least 48 hours' notice of any meeting under this subsection. Any member of the public
17has the same right of access to a meeting of the municipal board of absentee ballot
18canvassers under this subsection that the individual would have under s. 7.41 to
19observe the proceedings at a polling place. The board of absentee ballot canvassers
20may order the removal of any individual exercising the right to observe the
21proceedings if the individual disrupts the meeting.
SB381, s. 11 22Section 11. 7.52 (5) of the statutes is renumbered 7.52 (5) (a) and amended to
23read:
SB381,9,2524 7.52 (5) (a) The vote of any absent elector may be challenged by any elector for
25cause and the board of absentee ballot canvassers shall have all the power and

1authority given the inspectors to hear and determine the legality of the ballot the
2same as if the ballot had been voted in person.
SB381, s. 12 3Section 12. 7.52 (6) (a) of the statutes is renumbered 7.52 (6).
SB381, s. 13 4Section 13. 7.52 (6) (b) of the statutes, as affected by 2011 Wisconsin Act 23,
5is renumbered 7.52 (5) (b) and amended to read:
SB381,11,26 7.52 (5) (b) Any elector may challenge for cause any absentee ballot. For the
7purpose of deciding upon ballots that are challenged for any reason, the board of
8absentee ballot canvassers may call before it any person whose absentee ballot is
9challenged if the person is available to be called. If the person challenged refuses to
10answer fully any relevant questions put to him or her by the board of absentee ballot
11canvassers under s. 6.92, the board of absentee ballot canvassers shall reject the
12person's vote. If the challenge is not withdrawn after the person offering to vote has
13answered the questions, one of the members of the board of absentee ballot
14canvassers shall administer to the person the following oath or affirmation: "You do
15solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United
16States; you are now and for 28 consecutive days have been a resident of this ward
17except under s. 6.02 (2), stats.; you have not voted at this election; you have not made
18any bet or wager or become directly or indirectly interested in any bet or wager
19depending upon the result of this election; you are not on any other ground
20disqualified to vote at this election." If the person challenged refuses to take the oath
21or affirmation, the person's vote shall be rejected. If the person challenged answers
22fully all relevant questions put to the elector by the board of absentee ballot
23canvassers under s. 6.92, takes the oath or affirmation, and fulfills the applicable
24registration requirements, and if the answers to the questions given by the person

1indicate that the person meets the voting qualification requirements, the person's
2vote shall be received.
SB381, s. 14 3Section 14. 7.53 (1) of the statutes is amended to read:
SB381,12,104 7.53 (1) Municipalities with one polling place. Where the municipality
5constitutes one ward or combines all wards to utilize a single polling place under s.
65.15 (6) (b), the canvass of the votes cast at the polling place shall be conducted
7publicly under s. 7.51 and the inspectors, other than any inspector appointed under
8s. 7.30 (1) (b), shall act as the municipal board of canvassers. The inspectors shall
9then complete the return statement for all votes cast at the polling place. If there are
10no provisional ballots that are eligible to be counted under s. 6.97 and the municipal
11clerk has not mailed or transmitted absentee ballots to any electors of the
12municipality that have not been returned by election night, and no absentee ballots
13are being canvassed under s. 7.52, the inspectors may complete and sign the canvass
14statement and determination on election night.
In municipalities where absentee
15ballots are canvassed under s. 7.52, after the canvass of the absentee ballots is
16completed under s. 7.52, the board of absentee ballot canvassers shall reconcile the
17poll list of the electors who vote by absentee ballot with the corresponding poll list
18of the electors who vote in person to ensure that no elector is allowed to cast more
19than one ballot. If an elector who votes in person has submitted an absentee ballot,
20the absentee ballot is void. If one or more electors of the municipality have cast
21provisional ballots that are eligible to be counted under s. 6.97 or if the municipal
22clerk receives one or more absentee ballots by 4 p.m. on the Friday after the election
23that are eligible to be counted under s. 7.515 (6) (b), the inspectors, acting as the
24board of canvassers, shall reconvene no later than 9 a.m. on the Monday after the
25election to count the valid provisional and absentee ballots and shall adjust the

1returns accordingly. Upon
completion of the canvass under this subsection and any
2canvass that is conducted under s. 7.52 and ascertainment of the results by the
3inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52,
4by the inspectors and the board of absentee ballot canvassers, the municipal clerk
5shall publicly read to the inspectors or the board of absentee ballot canvassers the
6names of the persons voted for and the number of votes for each person for each
7municipal office, the names of the persons declared by the inspectors or board of
8absentee ballot canvassers to have won nomination or election to each municipal
9office, and the number of votes cast for and against each municipal referendum
10question.
SB381, s. 15 11Section 15. 7.53 (2) (d) of the statutes is amended to read:
SB381,13,712 7.53 (2) (d) The In municipalities with one polling place, the canvass shall be
13conducted under sub. (1) publicly on election night. In other municipalities, the

14municipal board of canvassers shall publicly canvass the returns of every election.
15The canvass shall begin within 24 hours after the polls close no earlier than the time
16that the municipal board of canvassers receives the returns from all polling places
17in the municipality on election night and no later than 9 a.m. on the Monday after
18the election
. After any canvass of the absentee ballots is completed under s. 7.52, the
19board of canvassers shall reconcile the poll list of the electors who vote by absentee
20ballot with the corresponding poll list of the electors who vote in person to ensure that
21no elector is allowed to cast more than one ballot. If an elector who votes in person
22has submitted an absentee ballot, the absentee ballot is void. At the spring election,
23the board of canvassers shall publicly declare the results on or before the 2nd 3rd
24Tuesday in April. The board of canvassers shall prepare a statement showing the
25results of each election for any municipal office and each municipal referendum.

1After each primary for municipal offices, the board of canvassers shall prepare a
2statement certifying the names of those persons who have won nomination to office.
3After each other election for a municipal office and each municipal referendum, the
4board of canvassers shall prepare a determination showing the names of the persons
5who are elected to each municipal office and the results of each municipal
6referendum. The board of canvassers shall file each statement and determination
7in the office of the municipal clerk or board of election commissioners.
SB381, s. 16 8Section 16. 7.53 (3) (a) of the statutes is amended to read:
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