AB225: Bill Text

b. If the special election is to be held on the day of the spring election, the order must precede the spring primary by not more than 92 days and by not fewer than 49 days.

This bill eliminates the maximum number of days between which a special election may be ordered and held.

3. Current law imposes restrictions on the timing of a special election ordered to fill a vacancy in a judicial office that occurs after the date of the spring election but on or before December 1:

a. If the vacancy occurs in the office of circuit judge, the vacancy must be filled at the succeeding spring election.

b. If the vacancy occurs in the office of court of appeals judge, the vacancy must be filled at the first succeeding spring election when no other court of appeals judge is to be elected from the same court of appeals district.

c. If the vacancy occurs in the office of supreme court justice, the vacancy must be filled at the first succeeding spring election when no other justice is to be elected.

If a vacancy occurs in any of these judicial offices after December 1 but on or before the succeeding spring election, the vacancy must be filled at the second succeeding spring election that corresponds with the spring elections described above. Finally, if, as a result of the resignation of the incumbent, a vacancy occurs in any of these judicial offices after December 1 but on or before the date of the succeeding spring election, and if the incumbent is not a candidate to succeed himself or herself, the vacancy must be filled at the regularly scheduled election.

This bill changes each December 1 date to August 1.

4. Current law refers to the authority of the attorney general to order a special election. This bill eliminates that reference.

5. Under current law, "special election" means any election other than a general election, partisan primary, spring election, or spring primary to fill vacancies or to conduct a referendum. This bill changes the definition of "special election" to mean any election other than a general election, partisan primary, spring election, or spring primary to fill vacancies.

Scheduling of referendums

Currently, a local government may schedule, or may be required to schedule, a referendum to be held under various laws for various purposes. These purposes include to apply for a state trust fund loan, to approve the issuance of bonds, to exceed an applicable levy limit, or to annex territory. In some cases, a referendum must be held at a special election scheduled for that purpose. In other cases, a referendum may be held concurrently with a specified election, such as the spring election. In still other cases, a referendum may be held with any election or at a special election scheduled for that purpose. Current law occasionally requires the local government to schedule a referendum within a specified period of time after a precipitating action, such as two months after the filing of a petition or application or no sooner than 42 days after the filing of a resolution. Although more restrictive limitations do apply, current law generally requires any measure or question to be submitted to a vote of the people, and any petition requesting that a measure or question be submitted to a vote of the people, to be filed with the official or agency responsible for preparing the ballots for the election no later than 70 days prior to the election at which the measure or question will appear on the ballot.

This bill provides that a local governmental unit may schedule a referendum only concurrently with a spring primary (held in most election districts in each year), a spring election (held in each year), a partisan primary (held on the second Tuesday in August in an even-numbered year), or a general election (held in even-numbered years on the Tuesday after the first Monday in November) or at a special election held to fill vacancies. The bill generally permits a referendum to be held at any of the specified elections, including the next available election following the precipitating action if holding the referendum at that election would be consistent with any applicable restrictions on the number of days that must pass after a precipitating action or the general provision that a measure, question, or petition be filed with the official or agency responsible for preparing the ballots no later than 70 days prior to the election at which the measure or question will appear on the ballot.

Recounting votes cast with automatic tabulating equipment

Currently, with a limited exception, a board of canvassers must use automatic tabulating equipment to conduct a recount of ballots that are in machine-readable form. However, a candidate, or an elector if the recount is for a referendum question, may petition the circuit court for an order requiring ballots in machine-readable form to be recounted by hand or by another method approved by the court. To obtain such an order, the candidate or elector must show by clear and convincing evidence that due to an irregularity, defect, or mistake committed during the voting or canvassing process the results of a recount using automatic tabulating equipment will produce incorrect results and there is a substantial probability that recounting the ballots by hand or by another method will produce a more correct result and change the outcome of the election.

This bill permits the board of canvassers conducting a recount to determine to conduct the recount of a specific election by hand unless a court orders the recount to be conducted by another method.

Residency of election officials

Current law generally requires election officials to be qualified electors of the municipality in which the officials serve. In addition, current law generally requires election officials who serve at a polling place to be qualified electors of the ward for which the polling place is established, whenever a municipality is divided into wards. However, special registration deputies who register electors at a polling place on election day, election officials who are appointed to work at a polling place that serves more than one ward, election officials who are reassigned by a municipal clerk or board of election commissioners to correct staffing deficiencies, or election officials who are appointed to fill a temporary or permanent vacancy need not be electors of any particular ward, but must be qualified electors of the municipality in which they serve. Officials who are appointed to work at a polling place that serves more than one ward must be electors of one of the wards served by the polling place. A high school pupil who is 16 or 17 years of age may serve as an inspector (poll worker) at the polling place serving his or her residence. In addition, if the municipal clerk or the executive director of a board of election commissioners or a deputy to the clerk or executive director serves as a special registration deputy or is appointed to work at a polling place to fill a vacancy in an inspector position, the clerk, executive director, or deputy need not be a resident of the municipality in which he or she serves.

This bill provides, with certain exceptions, that an individual who serves as an election official at a polling place on election day need be an elector only of a county in which the municipality where the official serves is located. An individual who serves as the chief inspector at a polling place must be a qualified elector of the municipality where he or she serves unless no qualified candidate is available or the chief inspector is appointed to fill a temporary vacancy. A high school pupil who serves as an inspector must continue to meet the current residency requirement.

Recall petition requirements

Under current law, a petition for the recall of a city, village, town, town sanitary district, or school district officer, in addition to other requirements, must indicate a reason for the recall that is related to the officer's official responsibilities. Under this bill, any person who wishes to circulate a petition for the recall of a city, village, town, town sanitary district, or school district officer must include with the person's registration under the campaign finance laws a statement indicating that the officer for whom the recall is sought has been charged with committing a crime or violating a code of ethics law applicable to local officials. The person must also include a copy of the criminal or civil complaint alleging the crime or violation.

other changes

Prohibitions on certain expenditures by school districts

Current law generally limits the amount of per pupil revenue a school district may receive from general school aids and property taxes to the amount of revenue allowed per pupil in the previous school year. A school board may adopt a resolution to exceed the revenue limit; a resolution adopted by the school board must be submitted to the electors of the school district at a referendum before the school district may exceed its revenue limit. This bill prohibits a school board from spending any state aid or property tax revenue to publish or disseminate information related to or to promote any referendum called by the school district to exceed its revenue limit.

For further information see the state and 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:

AB225,1 Section 1. 5.02 (6m) (g) of the statutes is created to read:

AB225,12,3 5.02 (6m) (g) A veterans identification card issued by the veterans health administration of the federal department of veterans affairs.

AB225,2 Section 2. 5.02 (19) of the statutes is amended to read:

AB225,12,6 5.02 (19) "Special election" means any election, other than those described in subs. (5), (18) (12s), (21) and (22), to fill vacancies or to conduct a referendum.

AB225,3 Section 3. 5.052 (3) (a) to (e) of the statutes are amended to read:

AB225,12,8 5.052 (3) (a) To fill one vacancy, 2 4 nominations.

AB225,12,9 (b) To fill 2 vacancies, 3 6 nominations.

AB225,13,1 (c) To fill 3 vacancies, 5 10 nominations.

AB225,13,2 (d) To fill 4 vacancies, 6 12 nominations.

AB225,13,3 (e) To fill 5 vacancies, 7 14 nominations.

AB225,4 Section 4. 5.15 (6) (b) of the statutes is amended to read:

AB225,14,7 5.15 (6) (b) No later than 30 days before each election, the governing body of any municipality may by resolution combine 2 or more wards for voting purposes to facilitate using a common polling place. Whenever wards are so combined, the original ward numbers shall continue to be utilized for all official purposes. Except as otherwise authorized under this paragraph, every municipality having a population of 35,000 or more shall maintain separate returns for each ward so combined. In municipalities having a population of 35,000 or more, the governing body may provide in a resolution that returns for any ward having a population of 20 or less be combined with returns for any adjacent ward, if the total population of the combined wards does not exceed the applicable population range under sub. (2) (b) for wards in that municipality. In municipalities having a population of less than 35,000, the governing body may provide in the resolution that returns shall be maintained only for each group of combined wards at any election. Whenever a governing body provides for common ballot boxes and ballots or voting machines, that returns shall be maintained only for combined wards under this paragraph, the municipality shall report separate returns shall be maintained results for each separate ballot required under ss. 5.62 and 5.58 to 5.64 at the partisan primary and general election. The municipal clerk shall transmit a copy of the resolution to the county clerk of each county in which the municipality is contained. In municipalities having a population of less than 35,000, the resolution shall remain in effect for each election until modified or rescinded, or until a new division is made under this section. Whenever needed for purposes of this paragraph, the municipal clerk shall determine the population of each ward in his or her municipality. If the population of a ward cannot be determined from census results, the clerk shall determine the population of the smallest unit encompassing the entire ward that can be determined from census results. The clerk shall then divide the land area of the ward by the land area of that unit. The clerk shall then multiply that result by the population of the unit to determine the population of the ward for purposes of this paragraph.

AB225,5 Section 5. 5.35 (6) (a) 2. of the statutes is amended to read:

AB225,14,13 5.35 (6) (a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3) (intro), (d), (f), (g), (k), (L), (o), (q), (r), (u), and (x), together with the applicable penalties provided in s. 12.60 (1). The materials described in this subdivision shall be positioned so that the electors entering the polling place approach and pass by the materials.

AB225,6 Section 6. 5.90 (1) of the statutes is amended to read:

AB225,15,6 5.90 (1) Except as otherwise provided in this subchapter, recounts of votes cast on an electronic voting system shall be conducted in the manner prescribed in s. 9.01. Except as provided in this subsection, sub. (2), and s. 9.01 (1) (b) 8s., if the ballots are distributed to the electors, the board of canvassers shall recount the ballots with automatic tabulating equipment. The board of canvassers shall test the automatic tabulating equipment to be used prior to the recount as provided in s. 5.84, and then the official ballots or the record of the votes cast shall be recounted on the automatic tabulating equipment. In addition, the board of canvassers shall check the ballots for the presence or absence of the initials and other distinguishing marks, shall examine the ballots marked "Rejected", "Defective" and "Objected to" to determine the propriety of such labels, and shall compare the "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots" with their respective originals to determine the correctness of the duplicates. Unless a court orders a recount to be conducted by another method under sub. (2), the board of canvassers may determine to conduct the recount of a specific election by hand. If electronic voting machines are used, the board of canvassers shall perform the recount using the permanent paper record of the votes cast by each elector, as generated by the machines.

AB225,7 Section 7. 6.15 (2) (bm) of the statutes is amended to read:

AB225,15,16 6.15 (2) (bm) Except as authorized in s. 6.79 (7), when making application in person at the office of the municipal clerk, each applicant shall present proof of identification. If any document presented by the applicant is not proof of residence under s. 6.34, the applicant shall also present proof of residence under s. 6.34. The clerk shall verify that the name on the proof of identification presented by the elector conforms to the name on the elector's application and , shall verify that any photograph appearing on that document reasonably resembles the elector , and shall enter the type of identifying document submitted by the elector as proof of residence on the application form.

AB225,8 Section 8. 6.29 (2) (b) of the statutes is amended to read:

AB225,15,25 6.29 (2) (b) Upon the filing of the registration form required by this section, the municipal clerk or clerk's agent under s. 6.33 (5) (b) shall enter the type of identifying document submitted by the elector as proof of residence on the registration form and issue a certificate containing the name and address of the elector addressed to the inspectors of the proper ward or election district directing that the elector be permitted to cast his or her vote if the elector complies with all requirements for voting at the polling place. The certificate shall be numbered serially, prepared in duplicate and one copy preserved in the office of the municipal clerk.

AB225,9 Section 9. 6.34 (2) of the statutes is amended to read:

AB225,16,16 6.34 (2) Upon completion of a registration form prescribed under s. 6.33, each eligible elector who is required to register under s. 6.27, who is not a military elector or an overseas elector, and who registers after the close of registration under s. 6.29 or 6.86 (3) (a) 2., shall provide an one of the identifying document that establishes documents specified under sub. (3) to establish proof of residence under sub. (3). Each eligible elector who is required to register under s. 6.27, who is not a military elector or an overseas elector, who registers by mail, and who has not voted in an election in this state shall, if voting in person, provide an one of the identifying document that establishes documents specified under sub. (3) to establish proof of residence under sub. (3) or, if voting by absentee ballot, provide a copy of an identifying document specified under sub. (3) that establishes proof of residence under sub. (3). If the elector registered by mail, the identifying document may not be a residential lease. Any identifying document provided to establish proof of residence under this section may not be displayed electronically, but must be provided in hard-copy form.

AB225,10 Section 10. 6.34 (3) (a) 8. of the statutes is amended to read:

AB225,16,20 6.34 (3) (a) 8. A utility bill, including a bill for cellular or wireless telephone service, for the period commencing not earlier than 90 days before the day registration is made.

AB225,11 Section 11. 6.34 (3) (a) 12. of the statutes is created to read:

AB225,16,23 6.34 (3) (a) 12. A credit card statement for the period commencing not earlier than 90 days before the day registration is made.

AB225,12 Section 12. 6.36 (1) (a) of the statutes is amended to read:

AB225,17,17 6.36 (1) (a) The board shall compile and maintain electronically an official registration list. The list shall contain the name and address of each registered elector in the state, the date of birth of the elector, the ward and aldermanic district of the elector, if any, and, for each elector, a unique registration identification number assigned by the board, the number of a valid operator's license issued to the elector under ch. 343, if any, or the last 4 digits of the elector's social security account number, if any, any identification serial number issued to the elector under s. 6.47 (3), the date of any election in which the elector votes, an indication of whether the elector is an overseas elector, as defined in s. 6.24 (1), any information relating to the elector that appears on the current list transmitted to the board by the department of corrections under s. 301.03 (20m), an indication of any accommodation required under s. 5.25 (4) (a) to permit voting by the elector, an indication of the method by which the elector's registration form was received, an indication of whether the elector was required under s. 6.34 to provide proof of residence and, if so, the type of identifying document submitted as proof of residence, and such other information as may be determined by the board to facilitate administration of elector registration requirements.

AB225,13 Section 13. 6.36 (2) (a) of the statutes is amended to read:

AB225,18,10 6.36 (2) (a) Except as provided in par. (b), each registration list prepared for use as a poll list at a polling place or for purposes of canvassing absentee ballots at an election shall contain the full name and address of each registered elector; a blank column for the entry of the serial number of the electors when they vote or the poll list number used by the municipal board of absentee ballot canvassers in canvassing absentee ballots; an indication next to the name of each elector for whom proof of residence under s. 6.34 is required; a space for entry of the type of identifying document submitted by the elector as proof of residence when proof of residence under s. 6.34 is required; a space for entry of the elector's signature, or if another person signed the elector's registration form for the elector by reason of the elector's physical disability, the word "exempt"; and a form of certificate bearing the certification of the administrator of the elections division of the board stating that the list is a true and complete registration list of the municipality or the ward or wards for which the list is prepared. The board shall, by rule, prescribe the space and location for entry of each elector's signature on the poll list which shall provide for entry of the signature without changing the orientation of the poll list from the orientation used by the election officials.

AB225,14 Section 14. 6.36 (2) (c) of the statutes is amended to read:

AB225,18,17 6.36 (2) (c) The list shall contain, next to the name of each elector, an indication of whether proof of residence under s. 6.34 is required for the elector to be permitted to vote. If proof of residence is provided, the type of identifying document submitted by the elector shall be entered on the list in the space provided. Proof of residence is required if the elector is not a military elector or an overseas elector and the elector registers by mail and has not previously voted in an election in this state.

AB225,15 Section 15. 6.55 (2) (b) of the statutes is amended to read:

AB225,19,3 6.55 (2) (b) Upon executing the registration form under par. (a), the elector shall provide proof of residence under s. 6.34. The signing by the elector executing the registration form shall be in the presence of the special registration deputy or inspector who. Upon receipt of the registration form, the deputy or inspector shall enter the type of identifying document submitted by the elector as proof of residence in the space provided on the form. The deputy or inspector shall then print his or her name on and sign the form, indicating that the deputy or inspector has accepted the form. Upon compliance with this procedure, the elector shall be permitted to cast his or her vote, if the elector complies with all other requirements for voting at the polling place.

AB225,16 Section 16. 6.55 (2) (c) 1. of the statutes is amended to read:

AB225,19,25 6.55 (2) (c) 1. As an alternative to registration at the polling place under pars. (a) and (b), the board of election commissioners, or the governing body of any municipality, may by resolution require a person who qualifies as an elector and who is not registered and desires to register on the day of an election to do so at another readily accessible location in the same building as the polling place serving the elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b), instead of at the polling place serving the elector's residence. In such case, the municipal clerk shall prominently post a notice of the registration location at the polling place. An eligible elector who desires to register shall execute a registration form as prescribed under par. (a) and provide proof of residence as provided under s. 6.34. The signing by the person executing the registration form shall be in the presence of the municipal clerk, deputy clerk, or special registration deputy. Upon receipt of the registration form, the municipal clerk, deputy clerk, or special registration deputy shall enter the type of identifying document submitted by the elector as proof of residence in the space provided on the form. The municipal clerk, the deputy clerk, or the special registration deputy shall then print his or her name and sign the form, indicating that the clerk, deputy clerk, or deputy has accepted the form. Upon proper completion of registration, the municipal clerk, deputy clerk, or special registration deputy shall serially number the registration and give one copy to the person for presentation at the polling place serving the person's residence or an alternate polling place assigned under s. 5.25 (5) (b).

AB225,17 Section 17. 6.79 (2) (a) of the statutes is amended to read:

AB225,20,14 6.79 (2) (a) Unless information on the poll list is entered electronically, the municipal clerk shall supply the inspectors with 2 copies of the most current official registration list or lists prepared under s. 6.36 (2) (a) for use as poll lists at the polling place. Except as provided in subs. (3) (b) and (c), (6), and (7), each eligible elector, before receiving a serial number, shall state his or her full name and address and present to the officials proof of identification. The officials shall verify that the name on the proof of identification presented by the elector conforms to the name on the poll list or separate list and shall verify that any photograph appearing on that document reasonably resembles the elector. The officials shall then require the elector to enter his or her signature on the poll list, supplemental list, or separate list maintained under par. (c) unless the elector is exempt from the signature requirement under s. 6.36 (2) (a). The officials shall verify that the name and address stated by the elector conform to the elector's name and address on the poll list.

AB225,18 Section 18. 6.79 (2) (d) of the statutes is amended to read:

AB225,21,2 6.79 (2) (d) If the poll list indicates that proof of residence under s. 6.34 is required and the document provided by the elector under par. (a) does not constitute proof of residence under s. 6.34, the officials shall require the elector to provide proof of residence. If proof of residence is provided, the officials shall enter the type of identifying document submitted as proof of residence in the space provided on the registration form and shall verify that the name and address on the identification identifying document submitted as proof of residence provided is the same as the name and address shown on the registration list. If proof of residence is required and not provided, or if the elector does not present proof of identification under par. (a), whenever required, the officials shall offer the opportunity for the elector to vote under s. 6.97.

AB225,19 Section 19. 6.79 (3) (c) of the statutes is created to read:

AB225,21,9 6.79 (3) (c) 1. An elector who considers himself or herself to be indigent and cannot obtain proof of identification without payment of a fee, an elector who has a religious objection to being photographed, or an elector who cannot obtain the documentation required to obtain proof of identification may, as an alternative to presenting proof of identification, swear or affirm in an oath administered by the chief inspector either that:

AB225,21,11 a. The elector considers himself or herself to be indigent and cannot obtain proof of identification without payment of a fee.

AB225,21,12 b. The elector has a religious objection to being photographed.

AB225,21,14 c. The elector cannot obtain the documentation required to obtain proof of identification.

AB225,21,22 2. An elector who makes an oath or affirmation under subd. 1. shall also sign a statement in the form prescribed by the board making the same affirmation. The inspector shall then write the words "Alternative identification" next to the elector's name on the poll list or other list maintained under this section and shall enter the elector's serial number on the back of the ballot before the ballot is given to the elector. The municipal clerk or board of election commissioners may investigate the qualifications of any elector who submits a statement under this subdivision and may advise the municipal board of canvassers of his or her findings.

AB225,20 Section 20. 6.82 (1) (a) of the statutes is amended to read:

AB225,22,25 6.82 (1) (a) When any inspectors are informed that an eligible elector is at the entrance to the polling place who as a result of disability is unable to enter the polling place, they shall permit the elector to be assisted in marking a ballot by any individual selected by the elector, except the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector. Except as authorized in s. 6.79 (3) (b) and (c), (6), and (7), the individual selected by the elector shall present to the inspectors proof of identification and, if the proof of identification does not constitute proof of residence under s. 6.34, shall also provide proof of residence under s. 6.34 for the assisted elector, whenever required, and all other information necessary for the elector to obtain a ballot under s. 6.79 (2). The inspectors shall verify that the name on the proof of identification presented by the person assisting the elector conforms to the elector's name on the poll list or separate list and, shall verify that any photograph appearing on that document reasonably resembles the elector, and shall enter the type of identifying document submitted by the assisted elector as proof of residence in the space provided on the poll list or separate list. The inspectors shall then issue a ballot to the individual selected by the elector and shall accompany the individual to the polling place entrance where the assistance is to be given. If the ballot is a paper ballot, the assisting individual shall fold the ballot after the ballot is marked by the assisting individual. The assisting individual shall then immediately take the ballot into the polling place and give the ballot to an inspector. The inspector shall distinctly announce that he or she has "a ballot offered by .... (stating person's name), an elector who, as a result of disability, is unable to enter the polling place without assistance". The inspector shall then ask, "Does anyone object to the reception of this ballot?" If no objection is made, the inspectors shall record the elector's name under s. 6.79 and deposit the ballot in the ballot box, and shall make a notation on the poll list: "Ballot received at poll entrance".

AB225,21 Section 21. 6.86 (1) (b) of the statutes is amended to read:

AB225,23,24 6.86 (1) (b) Except as provided in this section, if application is made by mail, the application shall be received no later than 5 p.m. on the 5th day immediately preceding the election. If Except as provided in par. (bb), if application is made in person, the application shall be made no earlier than the opening of business on the 3rd Monday preceding the election and no later than 5 p.m. or the close of business, whichever is later, 6 p.m. on the Friday preceding the election. Except as provided in par. (c), if the elector is making written application for an absentee ballot at the partisan primary, the general election, the presidential preference primary, or a special election for national office, and the application indicates that the elector is a military elector, as defined in s. 6.34 (1), the application shall be received by the municipal clerk no later than 5 p.m. on election day. If the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then 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) or (2m), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

AB225,22 Section 22. 6.86 (1) (bb) of the statutes is created to read:

AB225,24,7 6.86 (1) (bb) An application made in person may only be received Monday to Friday between the hours of 7:30 a.m. and 6 p.m, except that an individual may make an appointment with the actual city, town, or village clerk, as appropriate, so that, notwithstanding s. 7.21 (1), the clerk, not a member of the clerk's staff or a designated agent, may receive the individual's application made in person after 6 p.m. or anytime on Saturday or Sunday, not including the Saturday and Sunday after the Friday preceding the election.

AB225,23 Section 23. 6.87 (6d) of the statutes is created to read:

AB225,24,10 6.87 (6d) If a certificate is missing the address of a witness, the ballot may not be counted.

AB225,24 Section 24. 6.97 (3) (b) of the statutes is renumbered 6.97 (3) (b) 1. and amended to read:

AB225,25,2 6.97 (3) (b) 1. Whenever the municipal clerk or executive director of the municipal board of election commissioners is informed by the inspectors that a ballot has been cast under this section, the clerk or executive director shall promptly provide written notice to the board of canvassers of each municipality, special purpose district, and county that is responsible for canvassing the election of the number of ballots cast under this section in each ward or election district. The municipal clerk or executive director then shall determine whether each individual voting under this section is qualified to vote in the ward or election district where the individual's ballot is cast. If the elector is required to provide proof of identification under s. 6.79 (2) or 6.86 (1) (ar) and fails to do so, the elector bears the burden of correcting the omission by providing the proof of identification at the polling place before the closing hour or by providing the proof of identification at the office of the municipal clerk or board of election commissioners serving his or her residence no later than 4 p.m. on the Friday after the election.

AB225,25,9 2. The municipal clerk or executive director shall make a record of the procedure used to determine the validity of each ballot cast under this section. If, prior to 4 p.m. on the Friday after the election, the municipal clerk or executive director determines that the individual is qualified to vote in the ward or election district where the individual's ballot is cast, the municipal clerk or executive director shall notify the board of canvassers for each municipality, special purpose district and county that is responsible for canvassing the election of that fact.

AB225,25 Section 25. 7.08 (1) (c) of the statutes is amended to read:

AB225,25,15 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1), 6.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2), 6.79 (3) (c) 2., and 6.86 (2) to (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.

AB225,26 Section 26. 7.15 (2) (d) of the statutes is amended to read:

AB225,26,3 7.15 (2) (d) Whenever the governing body of any municipality submits any question to a vote of the electors or whenever a proper recall petition and certificate are filed under s. 9.10, the municipal clerk shall issue a call for the election and prepare and distribute ballots as required in the authorization of submission or as provided in s. 9.10. The date of the referendum shall be fixed established in accordance with ss. 8.065 and 8.37 and shall be determined by the municipal clerk or board of election commissioners unless otherwise provided by law or unless the governing body fixes a determines the date. If the governing body determines the date, the date shall be established in accordance with ss. 8.065 and 8.37. The ballot for any referendum shall conform to s. 5.64 (2). If there is already an official municipal referendum ballot for the election, the question may appear on the same ballot.