SB685,17,108 2. An absentee ballot shall be considered canvassed for purposes of subd. 1. only
9after all tasks have been completed in the canvassing process except for the tallying
10of votes.
SB685,17,2411 (d) When the meeting of the election inspectors recesses on the day before the
12election, the election inspectors shall secure the automatic tabulating equipment,
13and the areas where the programmed media, memory devices, and absentee ballots
14are housed, with tamper-evident security seals in a double-lock location such as a
15locked cabinet inside a locked office. Before resuming the canvassing of absentee
16ballots on election day, the election inspectors shall check and record the status of
17each tamper-evident seal. The election inspectors shall immediately notify the
18commission of any evidence of tampering. If the election inspectors discover evidence
19of tampering with respect to automatic tabulating equipment, the canvass may not
20resume until the equipment is replaced and the replacement equipment is tested as
21provided in s. 5.84, except that public notice need not be provided 48 hours prior to
22the test. If the election inspectors discover evidence of tampering under this
23paragraph, the commission shall verify the accuracy of the absentee ballot count in
24the municipality in the election by doing all of the following:
SB685,18,3
11. Ordering the municipality to conduct a recount after the election of all
2absentee ballots cast in the municipality in the election. The commission's order
3shall establish procedures for the recount consistent with s. 9.01.
SB685,18,54 2. Auditing the election equipment in the same manner as audits are conducted
5under s. 7.08 (6).
SB685,18,76 (e) Votes on absentee ballots canvassed under this subsection may not be tallied
7until after the polls close on election day.
SB685,18,118 (f) No person may intentionally act in a manner that would give him or her the
9ability to know or to provide information on the tallied results from the ballots
10canvassed under this subsection before the polls close on election day. Whoever
11intentionally violates this paragraph is guilty of a Class I felony.
SB685,18,1312 (g) An ordinance under par. (a) may not take effect less than 60 days before an
13election.
SB685,23 14Section 23 . 7.03 (1) (c) of the statutes is repealed.
SB685,24 15Section 24 . 7.15 (1) (cm) of the statutes is amended to read:
SB685,19,716 7.15 (1) (cm) Prepare official absentee ballots for delivery to electors requesting
17them, and except as provided in this paragraph, send an official absentee ballot to
18each elector who has requested a ballot by mail, and
to each military elector, as
19defined in s. 6.34 (1), and overseas elector who has requested a ballot by mail,
20electronic mail, or facsimile transmission, no later than the 47th 45th day before
21each partisan primary, presidential preference primary, special primary or election,
22and general election and no later than the 21st day before each other primary and
23election if the request is made before that day
; otherwise, the municipal clerk shall
24send or transmit an official absentee ballot within one business day of the time the
25military or overseas elector's request for such a ballot is received. The clerk shall

1send or transmit an absentee ballot for the presidential preference primary to each
2elector who has requested that
to all other electors requesting a ballot no later than
3the 47th 21st day before the presidential preference primary or election if the request
4is made before that day, or, if the request is not made before that day, within one
5business day of the time the request is received. For purposes of this paragraph,
6“business day" means any day from Monday to Friday, not including a legal holiday
7under s. 995.20.
SB685,25 8Section 25. 7.15 (16) of the statutes is created to read:
SB685,19,199 7.15 (16) Election night reporting. (a) At 9 p.m. on election night, and every
10hour thereafter until the canvass is complete, the municipal clerk or his or her
11designee shall provide to the county clerk of the county in which the municipality is
12located a statement that shows the total number of ballots, including absentee
13ballots, cast at the municipality in the election, the total number of ballots, including
14absentee ballots, that have been canvassed, and the total number of ballots,
15including absentee ballots, that remain to be canvassed. The county clerk shall
16promptly post each statement on the website on which the county posts returns on
17election night under s. 7.60. In a 1st class city, the municipal clerk shall post the
18statement required under this subsection on the clerk's website. The statement may
19not include the names or addresses of any electors.
SB685,19,2220 (b) An absentee ballot may be considered canvassed for purposes of par. (a) only
21after all tasks have been completed in the canvassing process except for the tallying
22of votes.
SB685,26 23Section 26 . 7.37 (12) of the statutes is amended to read:
SB685,20,224 7.37 (12) Canvassers. The election inspectors shall constitute the board of
25canvassers of their polling place and in that capacity shall perform the duties under

1s. 7.51, except as otherwise designated by the municipal clerk under ss. s. 5.85 and
25.86
.
SB685,27 3Section 27 . 7.51 (1) of the statutes is amended to read:
SB685,20,204 7.51 (1) Canvass procedure. Immediately after the polls close the inspectors
5except any inspector appointed under s. 7.30 (1) (b) shall proceed to canvass publicly
6all votes received at the polling place. In any municipality where an electronic voting
7system is used, the municipal governing body or board of election commissioners may
8provide or authorize the municipal clerk or executive director of the board of election
9commissioners to provide for the adjournment of the canvass to one or more central
10counting locations for specified polling places in the manner prescribed in subch. III
11of ch. 5. No central counting location may be used to count votes at a polling place
12where an electronic voting system is not employed.
The canvass , whether conducted
13at the polling place or at a central counting location,
shall continue without
14adjournment until the canvass of all ballots cast and received on or before election
15day is completed and the return statement is made or, in municipalities where
16absentee ballots are canvassed under s. 7.52, until the canvass of all absentee ballots
17cast and received on or before election day is completed and the return statement for
18those ballots is made. The inspectors shall not permit access to the name of any
19elector who has obtained a confidential listing under s. 6.47 (2) during the canvass,
20except as authorized in s. 6.47 (8).
SB685,28 21Section 28 . 7.52 (1) (a) of the statutes is renumbered 7.52 (1) (a) 1. and
22amended to read:
SB685,21,1523 7.52 (1) (a) 1. The governing body of any municipality may provide by ordinance
24that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
25municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,

1at each election held in the municipality, canvass all absentee ballots received by the
2municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this
3subsection subdivision, the municipal clerk or board of election commissioners of the
4municipality shall notify the elections commission in writing of the proposed
5enactment and shall consult with the elections commission concerning
6administration of this section. At Except as provided under par. (h), at every election
7held in the municipality following enactment of an ordinance under this subsection
8subdivision, the board of absentee ballot canvassers shall, any time after the opening
9of the polls and before 10 p.m. on election day,
publicly convene at 7 a.m. on the day
10before the election
to count the begin the canvass of absentee ballots for the
11municipality and may not recess until 8 p.m. on that day, or at such time when there
12are no further absentee ballots to be processed on that day, whichever is earlier, at
13which time the meeting shall recess; the meeting shall reconvene at 7 a.m. on election
14day and continue until all absentee ballots received by the municipal clerk by 8 p.m.
15on election day have been canvassed
.
SB685,21,22 162. The municipal clerk shall give at least 48 hours' 60 days' notice of any the
17meeting under this subsection. Any member of the public has the same right of
18access to a meeting of the municipal board of absentee ballot canvassers under this
19subsection that the individual would have under s. 7.41 to observe the proceedings
20at a polling place. The board of absentee ballot canvassers may order the removal
21of any individual exercising the right to observe the proceedings if the individual
22disrupts the meeting.
SB685,29 23Section 29 . 7.52 (1) (d) to (h) of the statutes are created to read:
SB685,22,1124 7.52 (1) (d) 1. At 7 a.m., noon, and 8 p.m. on the day before the election, and
25at 7 a.m., noon, and 8 p.m. on election day, the municipal clerk or his or her designee

1or municipal board of election inspectors shall provide to the county clerk of the
2county in which the municipality is located or the county board of election inspectors
3a statement that shows the total number of absentee ballots returned to the
4municipality and the total number of absentee ballots the municipal board of
5absentee ballot canvassers has canvassed under this subsection. The county clerk
6or county board of election inspectors shall promptly post each statement on the
7website on which returns for the county are posted on election night under s. 7.60.
8In a municipality having a municipal board of election inspectors, the statement
9required under this paragraph shall also be posted on the website maintained by the
10municipal board of election inspectors. The statement may not include the names
11or addresses of any electors.
SB685,22,1412 2. An absentee ballot shall be considered canvassed for purposes of subd. 1. only
13after all tasks have been completed in the canvassing process except for the tallying
14of votes.
SB685,23,415 (e) When the meeting of the board of absentee ballot canvassers recesses on the
16day before the election, the board of absentee ballot canvassers shall secure the
17automatic tabulating equipment, and the areas where the programmed media,
18memory devices, and absentee ballots are housed, with tamper-evident security
19seals in a double-lock location such as a locked cabinet inside a locked office. Before
20resuming the canvassing of ballots on election day, the board of absentee ballot
21canvassers shall check and record the status of each tamper-evident seal. The board
22of absentee ballot canvassers shall immediately notify the commission of any
23evidence of tampering. If the board of absentee ballot canvassers discovers evidence
24of tampering with respect to automatic tabulating equipment, the canvass may not
25resume until the equipment is replaced and the replacement equipment is tested as

1provided in s. 5.84, except that public notice need not be provided 48 hours prior to
2the test. If the board of absentee ballot canvassers discovers evidence of tampering
3under this paragraph, the commission shall verify the accuracy of the absentee ballot
4count in the municipality in the election by doing all of the following:
SB685,23,75 1. Ordering the municipality to conduct a recount after the election of all
6absentee ballots cast in the municipality in the election. The commission's order
7shall establish procedures for the recount consistent with s. 9.01.
SB685,23,98 2. Auditing the election equipment in the same manner as audits are conducted
9under s. 7.08 (6).
SB685,23,1110 (f) Votes on absentee ballots canvassed under this section may not be tallied
11until after the polls close on election day.
SB685,23,1512 (g) No person may intentionally act in a manner that would give him or her the
13ability to know or to provide information on the tallied results from the ballots
14canvassed under this section before the polls close on election day. Whoever
15intentionally violates this paragraph is guilty of a Class I felony.
SB685,23,1816 (h) Canvassing absentee ballots on the day before the election under this
17section is optional except for each spring and general election and each special
18election or recall election if the special or recall election is for a state or national office.
SB685,30 19Section 30 . 7.52 (2) of the statutes is amended to read:
SB685,24,520 7.52 (2) In counting the absentee ballots, the board of absentee ballot
21canvassers shall use 2 duplicate copies of a single poll list for the entire municipality
22prepared in accordance with s. 6.36 (2). Upon accepting reviewing each absentee
23ballot certificate envelope to ensure that it satisfies all applicable legal
24requirements
, the board of absentee ballot canvassers shall enter a poll list
25sequential count number on the poll list next to the name of the elector who voted

1the ballot, beginning with the number one. If the elector's name does not appear on
2the poll list, the board of absentee ballot canvassers shall enter the number on a
3separate list maintained under this subsection. The board of absentee ballot
4canvassers shall record each elector's sequential count number on the face of the
5elector's certificate envelope.
SB685,31 6Section 31 . 7.52 (3) (a) of the statutes is amended to read:
SB685,25,57 7.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier
8envelope only, and, in such a manner that a member of the public, if he or she desired,
9could hear, announce the name of the absent elector or the identification serial
10number of the absent elector if the elector has a confidential listing under s. 6.47 (2).
11When the board of absentee ballot canvassers finds that the certification has been
12properly executed and the applicant is a qualified elector of the ward or election
13district, the board of absentee ballot canvassers shall enter an indication, including
14the elector's sequential count number as provided under sub. (2),
on the poll list next
15to the applicant's name indicating an absentee ballot is cast by the elector. The board
16of absentee ballot canvassers shall then open the envelope containing the ballot in
17a manner so as not to deface or destroy the certification thereon . The board of
18absentee ballot canvassers shall take out the ballot without unfolding it or
19permitting it to be unfolded or examined
and shall remove the ballot from the
20certificate envelope without viewing who the elector voted for
. Unless the ballot is
21cast under s. 6.95, the board of absentee ballot canvassers shall verify that the ballot
22has been endorsed by the issuing clerk. If the poll list indicates that proof of
23residence is required and no proof of residence is enclosed or the name or address on
24the document that is provided is not the same as the name and address shown on the
25poll list, the board of absentee ballot canvassers shall proceed as provided under s.

16.97 (2). The board of absentee ballot canvassers shall mark the poll list number of
2each elector who casts an absentee ballot on the back of the elector's ballot.
The board
3of absentee ballot canvassers shall then deposit the ballot into the proper ballot box
4and enter the absent elector's name or poll list number after his or her name on the
5poll list
or automatic tabulating equipment.
SB685,32 6Section 32 . 7.52 (4) (a) of the statutes is amended to read:
SB685,25,167 7.52 (4) (a) The board of absentee ballot canvassers shall then open the ballot
8box and remove and
count the number of ballots therein without examination except
9as is necessary to ascertain that each is a single ballot. If 2 or more ballots are folded
10together so as to appear as a single ballot, the board of absentee ballot canvassers
11shall lay them aside until the count is completed; and if, after a comparison of the
12count and the appearance of the ballots it appears to the board of absentee ballot
13canvassers that the ballots folded together were voted by the same person they shall
14not be counted but the board of absentee ballot canvassers shall mark them as to the
15reason for removal, set them aside, and carefully preserve them. The board of
16absentee ballot canvassers shall then proceed under par. (b).
SB685,33 17Section 33 . 7.52 (9) of the statutes is amended to read:
SB685,25,2218 7.52 (9) The governing body of any municipality that has provided by ordinance
19enacted under sub. (1) (a) 1. for the canvassing of absentee ballots at all elections held
20in the municipality under this section may by similar action rescind that decision.
21Thereafter, the absentee ballots at all elections held in the municipality shall be
22canvassed as provided in s. 6.88.
SB685,34 23Section 34 . 7.52 (10) of the statutes is created to read:
SB685,26,3
17.52 (10) A member of the board of absentee ballot canvassers or other election
2official who willfully neglects or refuses to perform any of the duties prescribed under
3this section is guilty of a Class I felony.
SB685,35 4Section 35. 7.52 (11) of the statutes is created to read:
SB685,26,65 7.52 (11) An ordinance under sub. (1) may not take effect less than 60 days
6before an election.
SB685,36 7Section 36 . 54.25 (2) (c) 1. g. of the statutes is amended to read:
SB685,27,108 54.25 (2) (c) 1. g. The right to register to vote or to vote in an election, if the court
9finds that the individual is incapable of understanding the objective of the elective
10process. Also, in accordance with s. 6.03 (3), any elector of a municipality may
11petition the circuit court for a determination that an individual residing in the
12municipality is incapable of understanding the objective of the elective process and
13thereby ineligible to register to vote or to vote in an election. This determination
14shall be made by the court in accordance with the procedures specified in this
15paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall
16be limited to a determination as to voting eligibility. The appointment of a guardian
17is not required for an individual whose sole limitation is ineligibility to vote. The No
18later than one business day after the date of a determination, the court shall notify
19the elections commission by electronic means of the
determination of the court. In
20addition, the determination of the court
shall be communicated in writing by the
21clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, 6.93,
22or 7.52 (5) with the responsibility for determining challenges to registration and
23voting that may be directed against that elector. The determination may be reviewed
24as provided in s. 54.64 (2) and. The court shall notify election official or agency
25charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for

1determining challenges to registration and voting that may be directed against that
2elector of
any subsequent determination of the court shall be likewise communicated
3by the clerk of court
no later than one business day after the determination. All
4notices provided under this subd. 1. g. shall include the full name; address, including
5city, state, and zip code; and date of birth of the individual subject to the
6determination. If the court appoints a guardian for an individual who is ineligible
7to vote, the guardian shall report an address change for the individual to the court
8within 10 business days of the change and the court shall notify the elections
9commission by electronic means of that address change using the methods described
10in this subd. 1. g. no later than one business day after receiving the information
.
SB685,37 11Section 37 . 66.0512 of the statutes is created to read:
SB685,27,19 1266.0512 Whistleblower protection for certain disclosures made by
13municipal clerks.
No municipal clerk may be discharged, disciplined, demoted, or
14otherwise discriminated against in regard to employment, or threatened with any
15such treatment, as a reprisal because the clerk lawfully reported, or is believed to
16have reported, witnessing what the clerk reasonably believed to be election fraud or
17irregularities. For purposes of this section, “lawfully reported” means a report of
18information the disclosure of which is not expressly prohibited by state or federal law,
19rule, or regulation.
SB685,38 20Section 38 . 756.04 (11) (am) of the statutes is created to read:
SB685,28,821 756.04 (11) (am) Notwithstanding par. (a), each clerk of circuit court shall
22notify the appropriate county clerk or board of election commissioners and the
23elections commission of any prospective juror included on the list of prospective
24jurors received by the clerk of circuit court under sub. (3m) whose returned juror
25qualification form shows that the person is not qualified for jury service in that

1circuit under s. 756.02 because the person either is not a U.S. citizen or does not live
2in the circuit for which he or she was called for jury duty. The clerk of circuit court
3shall determine the appropriate county clerk or board of election commissioners for
4notification under this paragraph on the basis of the address information used for
5mailing the juror qualification forms. Unless otherwise ordered by a court upon a
6showing of good cause, notifications provided under this paragraph shall be kept
7confidential and are not subject to the right of inspection and copying under s. 19.35
8(1).
SB685,39 9Section 39 . Nonstatutory provisions.
SB685,28,1310 (1) Citizenship verification. The elections commission shall verify the
11citizenship of all electors on the official registration list as soon as practicable after
12the effective date of this subsection using the information provided by the
13department of transportation under s. 5.056.
SB685,28,1414 (End)
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