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  Date of enactment: March 16, 2016
2015 Senate Bill 295   Date of publication*: March 17, 2016
* Section 991.11, Wisconsin Statutes: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2015 WISCONSIN ACT 261
An Act to repeal 6.26, 6.40, 6.55 (2) (a) 2. and 7.515; to renumber 5.05 (14); to renumber and amend 6.28 (1), 6.33 (5) (a) and 6.36 (1) (a); to amend 5.056, 5.85 (2) (b) 1., 5.85 (2) (b) 2., 5.90 (1), 5.91 (intro.), 6.10 (3), 6.22 (5), 6.24 (3), 6.25 (1) (a), 6.25 (1) (b), 6.275 (1) (b), 6.30 (1), 6.30 (4), 6.32, 6.325, 6.33 (1), 6.33 (2) (a), 6.33 (2) (b), 6.34 (2), 6.34 (3) (a) 7. b., 6.35 (1) (intro.), 6.36 (1) (b) 1. a., 6.36 (2) (c), 6.36 (6), 6.50 (3), 6.50 (10), 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (cs), 6.55 (2) (d), 6.55 (6), 6.79 (1m), 6.79 (2) (d), 6.86 (3) (b), 6.87 (4) (b) 1., 6.87 (6), 7.03 (1) (d), 7.08 (1) (c), 7.30 (2) (a), 7.31 (1), 7.315 (1) (a), 7.315 (1) (b) 1., 7.315 (1) (b) 2., 7.315 (3), 7.37 (13), 7.51 (5) (b), 7.53 (1) (a), 7.53 (3) (a), 7.60 (1), 9.01 (1) (a) 1., 11.1104 (3) (b), 11.1104 (4) (b), 11.1104 (6), 17.29, 85.61 (1) and 343.027; to repeal and recreate 5.05 (14) (b), 5.05 (14) (c), 5.05 (18), 5.056, 5.91 (intro.), 6.24 (3), 6.30 (4), 6.30 (5), 6.32, 6.33 (1), 6.33 (5) (a), 6.34 (2m), 6.34 (4), 6.35 (2), 6.36 (1) (a) (intro.), 6.36 (1) (a) 4., 6.36 (1) (a) 9., 6.36 (1) (am), 6.36 (1) (b) 1. a., 6.36 (6), 6.55 (2) (cs), 6.79 (1m), 7.08 (1) (c), 7.31 (1), 7.315 (1) (a), 7.315 (3), 9.01 (1) (a) 1., 85.61 (1) and 343.027; and to create 5.02 (4g), 5.02 (6m) (g), 5.05 (14) (b), 5.05 (14) (c), 5.05 (18), 6.30 (5), 6.33 (5) (a) 2., 6.34 (2m), 6.34 (3) (a) 12., 6.34 (4), 6.35 (2), 6.36 (1) (a) 13. to 16., 6.36 (1) (ae), 6.87 (6d), 7.315 (4), 7.51 (4) (c), 11.1101 (4), 19.42 (10) (ab) and 19.42 (13) (p) of the statutes; relating to: electronic voter registration and election administration and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
261,1 Section 1. 5.02 (4g) of the statutes is created to read:
5.02 (4g) "Election registration official" means an election official assigned under s. 6.28 (1) (a) or 7.30 to register electors.
261,2 Section 2. 5.02 (6m) (g) of the statutes is created to read:
5.02 (6m) (g) An unexpired veterans identification card issued by the veterans health administration of the federal department of veterans affairs.
261,3 Section 3. 5.05 (14) of the statutes is renumbered 5.05 (14) (a).
261,4 Section 4. 5.05 (14) (b) of the statutes is created to read:
5.05 (14) (b) The board shall establish a subscription service whereby a person may electronically access the absentee ballot information provided under s. 6.33 (5) (a), including semiweekly updates of such information.
261,5 Section 5. 5.05 (14) (b) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:
5.05 (14) (b) The commission shall establish a subscription service whereby a person may electronically access the absentee ballot information provided under s. 6.33 (5) (a), including semiweekly updates of such information.
261,6 Section 6. 5.05 (14) (c) of the statutes is created to read:
5.05 (14) (c) On election night the board shall provide a link on its Internet site to the posting of each county's election returns on each county's Internet site.
261,7 Section 7. 5.05 (14) (c) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:
5.05 (14) (c) On election night the commission shall provide a link on its Internet site to the posting of each county's election returns on each county's Internet site.
261,8 Section 8. 5.05 (18) of the statutes is created to read:
5.05 (18) Electronic poll lists. The board may facilitate the creation and maintenance of electronic poll lists for purposes of s. 6.79 including entering into contracts with vendors and establishing programs for development and testing.
261,9 Section 9. 5.05 (18) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:
5.05 (18) Electronic poll lists. The commission may facilitate the creation and maintenance of electronic poll lists for purposes of s. 6.79 including entering into contracts with vendors and establishing programs for development and testing.
261,10 Section 10. 5.056 of the statutes is amended to read:
5.056 Matching program with secretary of transportation. The administrator of the elections division of the board shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the board under s. 6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable information maintained by the department of transportation.
261,11 Section 11. 5.056 of the statutes, as affected by 2015 Wisconsin Acts 118 and .... (this act), is repealed and recreated to read:
5.056 Matching program with secretary of transportation. The commission administrator shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable information maintained by the department of transportation.
261,12 Section 12. 5.85 (2) (b) 1. of the statutes is amended to read:
5.85 (2) (b) 1. In case of an overvote for any office, the election officials shall may either use the override function of the electronic voting system in order to eliminate the votes for the overvoted office, which shall be noted on the inspector's statement, or make a true duplicate ballot of all votes on the ballot except for the office that is overvoted in the manner described in this subdivision. The If the election officials make a true duplicate ballot, they shall use an official ballot of that kind used by the elector who voted the original ballot, and one of the marking devices, so as to transfer all votes of the elector except for the office overvoted to an official ballot of that kind used in the ward at that election. Unless election officials are selected under s. 7.30 (4) (c) without regard to party affiliation, whenever election officials of both of the 2 major political parties are present, the election officials acting under this subdivision shall consist in each case of at least one election official of each of the parties.
261,13 Section 13. 5.85 (2) (b) 2. of the statutes is amended to read:
5.85 (2) (b) 2. On any original ballot upon which there is an overvote and for which a duplicate ballot is made under subd. 1., the election officials shall, in the space on the ballot for official endorsement, identify the ballot as an "Overvoted Ballot" and write a serial number. On the any duplicate ballot produced under subd. 1., the election officials shall, in the space on the ballot for official endorsement, identify the ballot as a "Duplicate Overvoted Ballot" and write a serial number. The election officials shall place the same serial number on each "Overvoted Ballot" and its corresponding "Duplicate Overvoted Ballot," commencing with number "1" and continuing consecutively for each of the ballots for which a "Duplicate Overvoted Ballot" is produced in that ward or election district. The election officials shall initial the "Duplicate Overvoted Ballot" ballots and shall place them in the container for return of the ballots. The "Overvoted Ballot" ballots and their envelopes shall be placed in the "Original Ballots" envelope.
261,14 Section 14. 5.90 (1) of the statutes is amended to read:
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", "Overvoted", 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 and may determine to conduct the recount by hand for only certain wards or election districts. 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.
261,15 Section 15. 5.91 (intro.) of the statutes is amended to read:
5.91 Requisites for approval of ballots, devices and equipment. (intro.) No ballot, voting device, automatic tabulating equipment, or related equipment and materials to be used in an electronic voting system may be utilized in this state unless it is approved certified by the board. The board may revoke its approval certification of any ballot, device, equipment or materials at any time for cause. No such ballot, voting device, automatic tabulating equipment or related equipment or material may be approved The board may certify any such voting device, automatic tabulating equipment, or related equipment or materials regardless of whether any such item is approved by the federal election assistance commission, but the board may not certify any ballot, device, equipment, or material to be used in an electronic voting system unless it fulfills the following requirements:
261,16 Section 16. 5.91 (intro.) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:
5.91 Requisites for approval of ballots, devices and equipment. (intro.) No ballot, voting device, automatic tabulating equipment, or related equipment and materials to be used in an electronic voting system may be utilized in this state unless it is certified by the commission. The commission may revoke its certification of any ballot, device, equipment or materials at any time for cause. The commission may certify any such voting device, automatic tabulating equipment, or related equipment or materials regardless of whether any such item is approved by the federal election assistance commission, but the commission may not certify any ballot, device, equipment, or material to be used in an electronic voting system unless it fulfills the following requirements:
261,17 Section 17. 6.10 (3) of the statutes is amended to read:
6.10 (3) When an elector moves his or her residence from one ward or municipality to another ward or municipality within the state at least 28 days before the election, the elector may vote in and be considered a resident of the new ward or municipality where residing upon transferring registration under s. 6.40 (1) or upon registering at the proper polling place or other registration location in the new ward or municipality under s. 6.55 (2) or 6.86 (3) (a) 2. If the elector moves his or her residence later than 28 days before an election, the elector shall vote in the elector's former ward or municipality if otherwise qualified to vote there.
261,18 Section 18. 6.22 (5) of the statutes is amended to read:
6.22 (5) Voting procedure. Except as provided in s. 7.515 and as authorized in s. 6.25, the ballot shall be marked and returned, deposited and recorded in the same manner as other absentee ballots. In addition, the certification under s. 6.87 (2) shall have a statement of the elector's birth date. Failure to return any unused ballots in a primary election does not invalidate the ballot on which the elector casts his or her votes.
261,19 Section 19. 6.24 (3) of the statutes is amended to read:
6.24 (3) Registration. The overseas elector shall register in the municipality where he or she was last domiciled or where the overseas elector's parent was last domiciled on a form prescribed by the board designed to ascertain the elector's qualifications under this section. The form board shall be ensure that the form is substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (4) or (5).
261,20 Section 20. 6.24 (3) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:
6.24 (3) Registration. The overseas elector shall register in the municipality where he or she was last domiciled or where the overseas elector's parent was last domiciled on a form prescribed by the commission designed to ascertain the elector's qualifications under this section. The commission shall ensure that the form is substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (4) or (5).
261,21 Section 21. 6.25 (1) (a) of the statutes is amended to read:
6.25 (1) (a) Any individual who qualifies as a military elector under s. 6.22 (1) (b) and who transmits an application for an official absentee ballot for any election, including a primary election, no later than the latest time specified for the elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under 42 USC 1973ff-2 for any candidate for an office listed on the official ballot or for all of the candidates of any recognized political party for the offices listed on the official ballot at that election if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the applicable time prescribed in s. 6.87 (6) or 7.515 (3).
261,22 Section 22. 6.25 (1) (b) of the statutes is amended to read:
6.25 (1) (b) Any individual who qualifies as an overseas elector under s. 6.24 (1) and who transmits an application for an official absentee ballot for an election for national office, including a primary election, no later than the latest time specified for an elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all candidates of any recognized political party for national office listed on the official ballot at that election, if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the applicable time prescribed in s. 6.87 (6) or 7.515 (3).
261,23 Section 23. 6.26 of the statutes, as affected by 2015 Wisconsin Acts 39 and 118, is repealed.
261,24 Section 24. 6.275 (1) (b) of the statutes is amended to read:
6.275 (1) (b) The total number of electors of the municipality residing in that county who were preregistered on the deadline specified in s. 6.28 (1) (a), including valid mail registrations which are postmarked by that day and valid electronic registrations entered under s. 6.30 (5).
261,25 Section 25. 6.28 (1) of the statutes is renumbered 6.28 (1) (a) and amended to read:
6.28 (1) Registration locations; deadline; locations. (a) Except as authorized in ss. 6.29, 6.55 (2), and 6.86 (3) (a) 2., registration in person for any an election shall close closes at 5 p.m. on the 3rd Wednesday preceding the election. Registrations made by mail under s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked no later than the 3rd Wednesday preceding the election. Electronic registration under s. 6.30 (5) for an election closes at 11:59 p.m. on the 3rd Wednesday preceding the election. The municipal clerk or board of election commissioners may assign election registration officials to register electors who apply for an in-person absentee ballot under s. 6.86 (1) (b) or to register electors at a polling place on election day or at a residential care facility, as defined under s. 6.875 (1) (bm).
(b) All applications for registration corrections and additions may be made throughout the year at the office of the city board of election commissioners, at the office of the municipal clerk, at the office of the county clerk, or at other locations provided by the board of election commissioners or the common council in cities over 500,000 population or by either or both the municipal clerk, or the common council, village or town board in all other municipalities. Other registration locations may include but are not limited to fire houses, police stations, public libraries, institutions of higher education, supermarkets, community centers, plants and factories, banks, savings and loan associations and savings banks. Special registration deputies shall be appointed for each location unless the location can be sufficiently staffed by the board of election commissioners or the municipal clerk or his or her deputies. An elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.
261,26 Section 26. 6.30 (1) of the statutes is amended to read:
6.30 (1) In person. An elector shall apply for registration in person, except as provided under sub. subs. (4) and (5) and s. 6.86 (3) (a) 2.
261,27 Section 27. 6.30 (4) of the statutes is amended to read:
6.30 (4) By mail. Any eligible elector may register by mail on a form prescribed by the board and provided by each municipality. The form shall be designed to obtain the information required in ss. s. 6.33 (1) and to provide for changes authorized under s. 6.40 (1) (a). The form shall contain a certification by the elector that all statements are true and correct. The form shall be prepostpaid for return when mailed at any point within the United States. The form shall be available in the municipal clerk's office and may be distributed by any elector of the municipality. The clerk shall mail a registration form to any elector upon written or oral request.
261,28 Section 28. 6.30 (4) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:
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