SB381,1,10 An Act to renumber 7.52 (6) (a); to renumber and amend 7.52 (5) and 7.52 (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) (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) (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) (intro.), 60.11 (2), 60.16 (1), 60.30 (4) (b), 66.1113 (2) (g), 66.1113 (2) (h) and 66.1333 (5m) (b); and to create 5.86 (3) and 7.15 (15) of the statutes; relating to: county and municipal canvassing procedures, provisional ballot information, the deadline for filing a recount petition, terms of town officers, the date of the annual town meeting, and technical revisions to certain election laws.

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 Section 1. 5.64 (1) (e) 1. of the statutes is amended to read:

SB381,4,9 5.64 (1) (e) 1. Except as provided in subd. 2., each candidate's name shall be placed in the column of the party by which nominated or if independent, in a column designated independent and all candidates for the same office shall appear within the same rows on the ballot. If a separate column is provided to write in the names of any party candidates under subd. 2., the column shall appear before the column designated independent with the spaces provided to write in the names of the candidates for each such party appearing in the same order in which the columns of their parties would appear under par. (b). Along with the names of the independent candidates shall appear the party or principle of the candidates, if any, in 5 words or less, as shown on their nomination papers. Independent candidates for the same county office shall be listed in the same manner in an order drawn by lot by or under supervision of the county clerk or board of election commissioners. The board shall conduct a redrawing for purposes of determining the arrangement of independent candidates for state office who appeared on the primary ballot in the manner provided in s. 5.60 (1) (b).

SB381, s. 2 Section 2. 5.86 (3) of the statutes is created to read:

SB381,4,18 5.86 (3) Upon completion of the central count at a county seat, the county clerk shall return any ballots, statements, tally sheets, or envelopes relating solely to a municipal election to the appropriate municipal clerk and any ballots, statements, tally sheets, or envelopes relating solely to a school district election to the school district clerk. In addition, the county clerk shall report the results of the central count of votes for each office or referendum by ward or by combined wards authorized under s. 5.15 (6) (b) to the municipal clerk of the municipality where the votes are cast.

SB381, s. 3 Section 3. 6.86 (2m) (a) of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

SB381,5,22 6.86 (2m) (a) Except as provided in this subsection, any elector other than an elector who receives an absentee ballot under sub. (2) or s. 6.22 (4) or 6.24 (4) (c) may by written application filed with the municipal clerk of the municipality where the elector resides require that an absentee ballot be sent or transmitted to the elector automatically for every election that is held within the same calendar year in which the application is filed. The application form and instructions shall be prescribed by the board, and furnished upon request to any elector by each municipal clerk. The municipal clerk shall thereupon mail or transmit an absentee ballot to the elector for all elections that are held in the municipality during the same calendar year that the application is filed, except that the clerk shall not send an absentee ballot for an election if the elector's name appeared on the registration list in eligible status for a previous election following the date of the application but no longer appears on the list in eligible status. The municipal clerk shall ensure that any envelope containing the absentee ballot is clearly marked as not forwardable. If an elector who files an application under this subsection no longer resides at the same address that is indicated on the application form, the elector shall so notify the municipal clerk. The municipal clerk shall discontinue mailing or transmitting absentee ballots to an elector under this subsection upon receipt of reliable information that the elector no longer qualifies as an elector of the municipality. In addition, the municipal clerk shall discontinue mailing or transmitting absentee ballots to an elector under this subsection if the elector fails to return any absentee ballot mailed or transmitted to the elector. The municipal clerk shall notify the elector of any such action not taken at the elector's request within 5 days, if possible. An elector who fails to cast an absentee ballot but who remains qualified to receive absentee ballots under this subsection may then receive absentee ballots for subsequent elections by notifying the municipal clerk that the elector wishes to continue receiving absentee ballots for subsequent elections.

SB381, s. 4 Section 4. 6.97 (4) of the statutes is amended to read:

SB381,6,11 6.97 (4) Whenever a board of canvassers receives timely notification from the municipal clerk or executive director of the board of election commissioners under sub. (3) that an individual who has voted under this section is qualified to vote in the ward or election district where the individual's ballot is cast, the board of canvassers shall promptly reconvene and meet no later than 9 a.m. on the Monday following the election. The board of canvassers shall proceed to record the name of the individual who has cast the ballot and, if the ballot cast by the individual is otherwise valid, shall count the ballot and adjust the statements, certifications, and determinations accordingly. If the municipal clerk or executive director transmits returns of the election to the county clerk or board of election commissioners, the municipal clerk or executive director shall transmit to the county clerk or board of election commissioners a copy of the amended returns together with amended tally sheets and all additional ballots counted reviewed by each the board of canvassers.

SB381, s. 5 Section 5. 7.15 (4) of the statutes is amended to read:

SB381,6,16 7.15 (4) Recording electors. Within Except as authorized in s. 6.33 (5) (a), within 30 days after each election, the municipal clerk shall enter on the registration list under the name of each elector of the municipality who has voted at the election an indication of the date of the election in which the elector voted.

SB381, s. 6 Section 6. 7.15 (15) of the statutes is created to read:

SB381,6,24 7.15 (15) Provide notice of outstanding provisional ballots. As soon as possible after the closing hour for all polling places in the municipality on election night, the municipal clerk shall post at his or her office and on the Internet at a site announced by the clerk before the polls open, and shall make available to any person upon request, a statement of the number of electors who have cast provisional ballots at the election in the municipality that cannot be counted as of that closing hour because the electors have not satisfied relevant voting requirements.

SB381, s. 7 Section 7. 7.51 (1) of the statutes is amended to read: