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2015 - 2016 LEGISLATURE
April 15, 2015 - Introduced by Senators LeMahieu, Wanggaard, Miller, Risser,
Bewley, Lasee, Lassa, Marklein, Moulton, Nass and Ringhand, cosponsored
by Representatives Bernier, Horlacher, Vorpagel, Berceau, Allen,
Ballweg, Edming, Doyle, Hebl, R. Brooks, Born, Hesselbein, Kahl, Knodl,
Knudson, Kolste, Kremer, Krug, Kulp, Murphy, Novak, Ohnstad, A. Ott,
Quinn, Rohrkaste, Tauchen, Tittl and Weatherston. Referred to Committee
on Elections and Local Government.
SB121,1,3 1An Act to repeal 7.50 (2) (f); and to amend 7.50 (1) (d), 7.50 (2) (b), 7.50 (2) (em),
27.50 (2) (j), 7.53 (1) (a), 8.05 (1) (a), 9.20 (4) and 120.06 (9) (a) of the statutes;
3relating to: various election law changes.
Analysis by the Legislative Reference Bureau
Currently, if candidates have been certified to appear on a ballot, the board of
canvassers may only count write-in votes for candidates who have filed registration
statements. This bill requires that a write-in candidate must file a registration
statement no later than noon on the Friday before the election.
Under current law, if a municipal clerk receives valid provisional or absentee
ballots by 4 p.m. on the Friday after an election, the board of canvassers must
reconvene no later than 9 a.m. on the Monday after the election to count the valid
provisional and absentee ballots and shall adjust the election returns. The bill
provides that the board of canvassers need not reconvene if the municipal clerk
certifies that he or she has received no provisional or absentee ballots from the time
that the board of canvassers completed the initial canvass and 4 p.m. on the Friday
after the election.
Currently, when nomination papers are not used to nominate a candidate for
a town or village elective office, the governing body must hold a caucus sometime
between the first Tuesday and the last Tuesday in January. The bill provides that
the governing body may hold a caucus between January 2 and January 15.
Under current law, electors in a city and village may sign and submit a petition
to the common council or village board to pass an ordinance or resolution or to submit

the ordinance or resolution to the electors in the next spring or general election that
is at least six weeks from the date on which the council or board must act on the
petition. Under the bill, the ordinance or resolution must be submitted to the electors
at the next election that is at least 70 days from the date on which the council or board
must act.
The bill removes language related to an elector affixing a sticker to a ballot.
Under current law, if a school board election is held in conjunction with a state,
county, municipal, or judicial election, the school board election must take place at
the same polling place, and the municipal election hours apply. This bill provides
that a school board referendum held in conjunction with a state, county, municipal,
or judicial election is subject to the same procedures.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB121,1 1Section 1. 7.50 (1) (d) of the statutes is amended to read:
SB121,2,112 7.50 (1) (d) Whenever an electronic voting system is used at a polling place in
3a partisan primary, and the same ballot is utilized to cast votes for candidates of more
4than one recognized political party or candidates of a party and independent
5candidates, if an elector designates a preference for a party or for independent
6candidates, only votes cast within that preference category may be counted. If an
7elector does not designate a preference and makes a mark or affixes a sticker opposite
8candidates of more than one recognized political party or opposite a candidate in the
9independent candidates' column and a candidate of a recognized political party, no
10votes cast by the elector for any candidate for partisan office are valid. Votes for other
11candidates and votes on ballot questions, if any, shall be counted if otherwise valid.
SB121,2 12Section 2. 7.50 (2) (b) of the statutes is amended to read:
SB121,2,1513 7.50 (2) (b) A ballot cast without any marks or stickers may not be counted.
14A ballot without a mark at the top of a party column may be counted only for persons
15for whom marks are applicable.
SB121,3 16Section 3. 7.50 (2) (em) of the statutes is amended to read:
SB121,3,9
17.50 (2) (em) Except as otherwise provided in this paragraph, write-in votes
2shall only be counted if no candidates have been certified to appear on the ballot. If
3candidates have been certified to appear on the ballot, write-in votes may only be
4counted for candidates who file registration statements under s. 11.05 (2g) no later
5than noon on the Friday immediately preceding the election
. If a candidate certified
6to appear on the ballot dies or withdraws before the election, all write-in votes shall
7be counted. When write-in votes are counted, every vote shall be counted for the
8candidate for whom it was intended, if the elector's intent can be ascertained from
9the ballot itself.
SB121,4 10Section 4. 7.50 (2) (f) of the statutes is repealed.
SB121,5 11Section 5. 7.50 (2) (j) of the statutes is amended to read:
SB121,3,1412 7.50 (2) (j) If an elector writes in or pastes a sticker in the position an individual
13for an office, it is a vote for that office, even if the elector writes in or the sticker
14indicates
the name of a different office.
SB121,6 15Section 6. 7.53 (1) (a) of the statutes is amended to read:
SB121,4,2516 7.53 (1) (a) Where the municipality constitutes one ward or combines all wards
17to utilize a single polling place under s. 5.15 (6) (b), the canvass of the votes cast at
18the polling place shall be conducted publicly under s. 7.51 and the inspectors, other
19than any inspector appointed under s. 7.30 (1) (b), shall act as the municipal board
20of canvassers. The inspectors shall then complete the return statement for all votes
21cast at the polling place. If there are no provisional ballots that are eligible to be
22counted under s. 6.97 and the municipal clerk has not mailed or transmitted
23absentee ballots to any electors of the municipality that have not been returned by
24election night, and no absentee ballots are being canvassed under s. 7.52, the
25inspectors may complete and sign the canvass statement and determination on

1election night. In municipalities where absentee ballots are canvassed under s. 7.52,
2after the canvass of the absentee ballots is completed under s. 7.52, the board of
3absentee ballot canvassers shall reconcile the poll list of the electors who vote by
4absentee ballot with the corresponding poll list of the electors who vote in person to
5ensure that no elector is allowed to cast more than one ballot. If an elector who votes
6in person has submitted an absentee ballot, the absentee ballot is void. Except as
7authorized in par. (b), if one or more electors of the municipality have cast provisional
8ballots that are eligible to be counted under s. 6.97 or if the municipal clerk receives
9one or more absentee ballots by 4 p.m. on the Friday after the election that are eligible
10to be counted under s. 7.515 (6) (b), the inspectors, acting as the board of canvassers,
11shall reconvene no later than 9 a.m. on the Monday after the election to count the
12valid provisional and absentee ballots and shall adjust the returns accordingly. The
13inspectors, acting as the board of canvassers, need not reconvene if the municipal
14clerk certifies that he or she has received no provisional or absentee ballots from the
15time that the board of canvassers completed the initial canvass and 4 p.m. on the
16Friday after the election.
Upon completion of the canvass under this paragraph and
17any canvass that is conducted under s. 7.52 and ascertainment of the results by the
18inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52,
19by the inspectors and the board of absentee ballot canvassers, the municipal clerk
20shall publicly read to the inspectors or the board of absentee ballot canvassers the
21names of the persons voted for and the number of votes for each person for each
22municipal office, the names of the persons declared by the inspectors or board of
23absentee ballot canvassers to have won nomination or election to each municipal
24office, and the number of votes cast for and against each municipal referendum
25question.
SB121,7
1Section 7. 8.05 (1) (a) of the statutes is amended to read:
SB121,5,62 8.05 (1) (a) When nomination papers are not used, there shall be a caucus to
3nominate candidates. The governing body shall between December 1 and January
41 decide the date of the caucus. The date of the caucus may be established between
5the first Tuesday in January 2 and the last Tuesday in January 15. When possible,
6preference should be given to having the caucus on the last Tuesday in January 15.
SB121,8 7Section 8. 9.20 (4) of the statutes is amended to read:
SB121,5,178 9.20 (4) The common council or village board shall, without alteration, either
9pass the ordinance or resolution within 30 days following the date of the clerk's final
10certificate, or submit it to the electors at the next spring or general election, if the
11election is more than 6 weeks 70 days after the date of the council's or board's action
12on the petition or the expiration of the 30-day period, whichever first occurs. If there
13are 6 weeks 70 days or less before the election, the ordinance or resolution shall be
14voted on at the next election thereafter. The council or board by a three-fourths vote
15of the members-elect may order a special election for the purpose of voting on the
16ordinance or resolution at any time prior to the next election, but not more than one
17special election for direct legislation may be ordered in any 6-month period.
SB121,9 18Section 9. 120.06 (9) (a) of the statutes is amended to read:
SB121,6,219 120.06 (9) (a) The primary and spring elections for school board members shall
20be conducted by the election officials for state and municipal elections. In a school
21board election or referendum held in conjunction with a state, county, municipal, or
22judicial election, the polling places for the state, county, municipal , or judicial
23election shall be the polling places for the school board election or referendum, and
24the municipal election hours shall apply. If no state, county, municipal, or judicial
25election is held on the day of the school board election or referendum, the school board

1may select the polling places to be used. The election costs shall be charged as
2provided in ss. 5.68 and 7.03.
SB121,6,33 (End)
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