AB981: Bill Text

AB981,74,25 6.87 (3) (d) A municipal clerk shall, if the clerk is reliably informed by a military elector, as defined in s. 6.34 (1), or an overseas elector, regardless of whether the elector qualifies as a resident of this state under s. 6.10, of a facsimile transmission number or electronic mail address where the elector can receive an absentee ballot, transmit a facsimile or electronic copy of the elector's ballot to that elector in lieu of mailing under this subsection. An elector may receive an absentee ballot only if the elector is a military elector or an overseas elector and has filed a valid application for the ballot as provided in s. 6.86 (1). If the clerk transmits an absentee ballot to a military or overseas elector electronically, the clerk shall also transmit a facsimile or electronic copy of the text of the material that appears on the certificate envelope prescribed in sub. (2), together with instructions prescribed by the commission secretary of state. The instructions shall require the military or overseas elector to make and subscribe to the certification as required under sub. (4) (b) and to enclose the absentee ballot in a separate envelope contained within a larger envelope, that shall include the completed certificate. The elector shall then affix sufficient postage unless the absentee ballot qualifies for mailing free of postage under federal free postage laws and shall mail the absentee ballot to the municipal clerk. Except as authorized in s. 6.97 (2), an absentee ballot received from a military or overseas elector who receives the ballot electronically shall not be counted unless it is cast in the manner prescribed in this paragraph and sub. (4) and in accordance with the instructions provided by the commission secretary of state.

AB981,172 Section 172. 6.875 (5) of the statutes is amended to read:

AB981,75,13 6.875 (5) Prior to entering upon his or her duties, each individual appointed to serve as a deputy under this section shall file the oath required by s. 7.30 (5). In the oath, the individual shall swear that he or she is qualified to act as a deputy under this section, that he or she has read the statutes governing absentee voting, that he or she understands the proper absentee voting procedure, that he or she understands the penalties for noncompliance with the procedure under s. 12.13, that his or her sacred obligation will be to fully and fairly implement the absentee voting law and seek to have the intent of the electors ascertained. In addition, the oath shall state that the individual realizes that any error in conducting the voting procedure may result in invalidation of an elector's vote under s. 7.51 (2) (e) and that the individual realizes that absentee voting is a privilege and not a constitutional right. The form of the oath shall be prescribed by the commission secretary of state.

AB981,173 Section 173. 6.92 (1) of the statutes is amended to read:

AB981,75,23 6.92 (1) Except as provided in sub. (2), each inspector shall challenge for cause any person offering to vote whom the inspector knows or suspects is not a qualified elector or who does not adhere to any voting requirement under this chapter. If a person is challenged as unqualified by an inspector, one of the inspectors shall administer the following oath or affirmation to the person: “You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding your place of residence and qualifications as an elector of this election"; and shall then ask questions which are appropriate as determined by the commission, by rule, secretary of state to test the person's qualifications.

AB981,174 Section 174. 6.925 of the statutes is amended to read:

AB981,76,12 6.925 Elector making challenge in person. Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an elector, one of the inspectors may administer the oath or affirmation to the challenged elector under s. 6.92 and ask the challenged elector the questions under that section which are appropriate to test the elector's qualifications. In addition, one of the inspectors shall administer the following oath or affirmation to the challenging elector: “ You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding the challenged person's place of residence and qualifications as an elector of this election"; and shall then ask questions which are appropriate as determined by the commission, by rule, secretary of state to test the qualifications of the challenged elector.

AB981,175 Section 175. 6.95 of the statutes is amended to read:

AB981,77,8 6.95 Voting procedure for challenged electors. Whenever the inspectors under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been challenged, the inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the challenged person corresponding to the number kept at the election on the poll list, or other list maintained under s. 6.79, and the notation “s. 6.95". If voting machines are used in the municipality where the person is voting, the person's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding serial number from the poll list or other list maintained under s. 6.79 and the notation “s. 6.95" written on the back of the ballot by the inspectors before the ballot is given to the elector. The inspectors shall indicate on the list the reason for the challenge. The inspectors shall then deposit the ballot. The challenged ballots shall be counted under s. 5.85 or 7.51. The municipal board of canvassers may decide any challenge when making its canvass under s. 7.53. If the returns are reported under s. 7.60, a challenge may be reviewed by the county board of canvassers. If the returns are reported under s. 7.70, a challenge may be reviewed by the chairperson of the commission secretary of state or the chairperson's secretary's designee. The decision of any board of canvassers or of the chairperson or chairperson's secretary or secretary's designee may be appealed under s. 9.01. The standard for disqualification specified in s. 6.325 shall be used to determine the validity of challenged ballots.

AB981,176 Section 176. 6.96 of the statutes is amended to read:

AB981,78,2 6.96 Voting procedure for electors voting pursuant to federal court order. Whenever any elector is allowed to vote at a polling place pursuant to a federal court order after the closing time provided under s. 6.78, the inspectors shall, before giving the elector a ballot, write on the back of the ballot the notation “s. 6.96". If voting machines are used in the municipality where the elector is voting, the elector's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the notation “s. 6.96" written on the back of the ballot by the inspectors before the ballot is given to the elector. When receiving the elector's ballot, the inspectors shall provide the elector with the written voting information prescribed by the commission secretary of state under s. 7.08 (8). The inspectors shall indicate on the list the fact that the elector is voting pursuant to a federal court order. The inspectors shall then deposit the ballot. The ballot shall be counted under s. 5.85 or 7.51 unless the order is vacated. If the order is vacated after the ballot is counted, the appropriate board or boards of canvassers or the chairperson of the commission secretary of state or his or her designee shall reopen the canvass to discount any ballots that were counted pursuant to the vacated order and adjust the statements, certifications, and determinations accordingly.

AB981,177 Section 177. 6.97 (1) of the statutes is amended to read:

AB981,79,9 6.97 (1) Whenever any individual who is required to provide proof of residence under s. 6.34 in order to be permitted to vote appears to vote at a polling place and cannot provide the required proof of residence, the inspectors shall offer the opportunity for the individual to vote under this section. Whenever any individual, other than a military elector, as defined in s. 6.34 (1), an overseas elector, or an elector who has a confidential listing under s. 6.47 (2), appears to vote at a polling place and does not present proof of identification under s. 6.79 (2), whenever required, the inspectors or the municipal clerk shall similarly offer the opportunity for the individual to vote under this section. If the individual wishes to vote, the inspectors shall provide the elector with an envelope marked “Ballot under s. 6.97, stats." on which the serial number of the elector is entered and shall require the individual to execute on the envelope a written affirmation stating that the individual is a qualified elector of the ward or election district where he or she offers to vote and is eligible to vote in the election. The inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation “s. 6.97". If voting machines are used in the municipality where the individual is voting, the individual's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding number from the poll list or other list maintained under s. 6.79 and the notation “s. 6.97" written on the back of the ballot by the inspectors before the ballot is given to the elector. When receiving the individual's ballot, the inspectors shall provide the individual with written voting information prescribed by the commission secretary of state under s. 7.08 (8). The inspectors shall indicate on the list the fact that the individual is required to provide proof of residence or proof of identification under s. 6.79 (2) but did not do so. The inspectors shall notify the individual that he or she may provide proof of residence or proof of identification to the municipal clerk or executive director of the municipal board of election commissioners. The inspectors shall also promptly notify the municipal clerk or executive director of the name, address, and serial number of the individual. The inspectors shall then place the ballot inside the envelope and place the envelope in a separate carrier envelope.

AB981,178 Section 178. 7.03 (1) (a) of the statutes is amended to read:

AB981,79,23 7.03 (1) (a) Except as authorized under this paragraph, a reasonable daily compensation shall be paid to each inspector, voting machine custodian, automatic tabulating equipment technician, member of a board of canvassers, messenger, and tabulator who is employed and performing duties under chs. 5 to 12. Daily compensation shall also be provided to inspectors and inspector trainees for attendance at training programs conducted by the commission secretary of state and municipal clerks under ss. 7.31 and 7.315. Alternatively, such election officials and trainees may be paid by the hour at a proportionate rate for each hour actually worked. Any election official or trainee may choose to volunteer his or her services by filing with the municipal clerk of the municipality in which he or she serves a written declination to accept compensation. The volunteer status of the election official or trainee remains effective until the official or trainee files a written revocation with the municipal clerk.

AB981,179 Section 179. 7.03 (1) (b) of the statutes is amended to read:

AB981,80,6 7.03 (1) (b) Except as provided in par. (bm), any compensation owed shall be paid by the municipality in which the election is held, except that any compensation payable to a technician, messenger, tabulator, or member of the board of canvassers who is employed to perform services for the county shall be paid by the county and compensation payable to any messenger or tabulator who is employed to perform services for the state shall be paid by the commission secretary of state.

AB981,180 Section 180. 7.03 (2) of the statutes is amended to read:

AB981,80,15 7.03 (2) The amount of compensation of election officials, when authorized or required, shall be fixed by the appropriate county board of supervisors, municipal governing body, or municipal board of election commissioners in cities over 500,000 population. The commission secretary of state shall fix the amount to be paid any person employed to perform duties for the state. If the commission secretary of state employs an individual to perform duties which are the responsibility of a county or municipality, the commission secretary shall charge the expense to the county or municipality.

AB981,181 Section 181. 7.08 (intro.) of the statutes is amended to read:

AB981,80,19 7.08 Elections commission Secretary of state. (intro.) In addition to its the duties for ballot arrangement under ch. 5 and date and notice requirements under ch. 10, the commission secretary of state shall:

AB981,182 Section 182. 7.08 (1) of the statutes is amended to read:

AB981,81,6 7.08 (1) Election forms, voting apparatus. (a) Prescribe all official ballot forms necessary under chs. 5 to 10 and 12 and revise the official ballot forms to harmonize with legislation and the current official status of the political parties whenever necessary. The commission secretary of state shall include on each ballot form, in the space for official endorsement, markings or spaces for identifying a ballot as an overvoted ballot, a duplicate overvoted ballot, a damaged ballot, or a duplicate damaged ballot, and for writing an identifying serial number. The commission secretary shall provide one copy of each ballot form without charge to each county and municipal clerk and board of election commissioners. The commission secretary shall distribute or arrange for distribution of additional copies. The prescribed forms shall be substantially followed in all elections under chs. 5 to 10 and 12.

AB981,81,12 (b) Prescribe the necessary standard sample forms and ballot containers to make the canvass, returns, statements and tally sheet statements for all elections the results of which are reportable to the commission secretary of state under s. 7.60 (4) (a), and all other materials as it deems necessary to conduct the elections. The sample forms shall contain the necessary certificates of the inspectors and canvassers with notes explaining their use and statutory basis.

AB981,81,17 (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4) and (5), 6.33 (1), 6.47 (1) (am) 2. and (3), 6.55 (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 commission secretary of state.

AB981,81,24 (d) Promulgate rules for the administration of the statutory requirements for voting machines and electronic voting systems and any other voting apparatus which may be introduced in this state for use at elections. Pursuant to such responsibility, the commission secretary of state may obtain assistance from competent persons to check the machines, systems and apparatus and approve for use those types meeting the statutory requirements and shall establish reasonable compensation for persons performing duties under this paragraph.

AB981,183 Section 183. 7.08 (2) (a) of the statutes is amended to read:

AB981,82,17 7.08 (2) (a) As soon as possible after the closing date for filing nomination papers or after the canvass of the primary vote, but no later than the deadlines established in s. 10.06, transmit to each county clerk a certified list of all candidates on file in its office for which electors in that county may vote. The list shall designate the order of arrangement and contain each candidate's first name, middle initial or initials and last name, unless the candidate on his or her nomination papers or declaration of candidacy specifies that the middle initial be deleted, that a full middle name or former legal surname be substituted for the middle initial, that an initial be substituted for the candidate's first name or that a nickname be substituted for a first or middle name or for a first initial or middle initial or initials, but no other abbreviations or titles are permitted. The list shall also include each candidate's residence and post-office address; the office for which the person is a candidate; and, the party or principle the candidate represents, if any, in 5 words or less. Names of candidates nominated under s. 7.38 or 8.35 shall be certified by the commission secretary of state upon filing of the necessary papers with it. At any time prior to an election, the commission secretary may transmit an amended certification if a candidate dies or is determined not to qualify for ballot placement.

AB981,184 Section 184. 7.08 (2) (d) of the statutes is amended to read:

AB981,82,22 7.08 (2) (d) As soon as possible after the last Tuesday in January of each year in which there is a presidential election, the commission secretary of state shall transmit to each county clerk a certified list of candidates for president who have qualified to have their names appear on the presidential preference primary ballot.

AB981,185 Section 185. 7.08 (3) (intro.) of the statutes is amended to read:

AB981,83,3 7.08 (3) Election manual. (intro.) Prepare and publish separate from the election laws an election manual written so as to be easily understood by the general public explaining the duties of the election officials, together with notes and references to the statutes as the commission secretary of state considers advisable. The election manual shall:

AB981,186 Section 186. 7.08 (3) (a) of the statutes is amended to read:

AB981,83,5 7.08 (3) (a) Be compiled by the commission secretary of state.

AB981,187 Section 187. 7.08 (4) of the statutes is amended to read:

AB981,83,10 7.08 (4) Election laws. Publish the election laws. The commission secretary of state shall sell or distribute or arrange for the sale or distribution of copies of the election laws to county and municipal clerks and boards of election commissioners and members of the public.

AB981,188 Section 188. 7.08 (6) of the statutes is amended to read:

AB981,83,19 7.08 (6) Enforcement of federal voting system standards. Following each general election, audit the performance of each voting system used in this state to determine the error rate of the system in counting ballots that are validly cast by electors. If the error rate exceeds the rate permitted under standards of the federal election commission in effect on October 29, 2002, the commission secretary of state shall take remedial action and order remedial action to be taken by affected counties and municipalities to ensure compliance with the standards. Each county and municipality shall comply with any order received under this subsection.

AB981,189 Section 189. 7.10 (1) (a) of the statutes is amended to read:

AB981,84,2 7.10 (1) (a) Each county clerk shall provide ballots for every election in the county for all national, state and county offices, including metropolitan sewerage commission elections under s. 200.09 (11) (am), for municipal judges elected under s. 755.01 (4) and for state and county referenda. The official and sample ballots shall be prepared in substantially the same form as those prescribed by the commission secretary of state under s. 7.08 (1) (a).

AB981,190 Section 190. 7.10 (2) of the statutes is amended to read:

AB981,84,11 7.10 (2) Preparing ballots. The county clerk shall prepare copy for the official ballots immediately upon receipt of the certified list of candidates' names from the commission secretary of state. Names certified by the commission secretary shall be arranged in the order certified. The county clerk shall place the names of all candidates filed in the clerk's office or certified to the clerk by the commission secretary on the proper ballot or ballots under the appropriate office and party titles. The county clerk shall prepare a special ballot under s. 5.60 (8) showing only the candidates in the presidential preference primary.

AB981,191 Section 191. 7.10 (3) (a) of the statutes is amended to read:

AB981,84,22 7.10 (3) (a) The county clerk shall distribute the ballots to the municipal clerks no later than 48 days before each partisan primary and general election and no later than 22 days before each other primary and election, except that the clerk shall distribute the ballots under sub. (2) for the presidential preference primary no later 48 days before the presidential preference primary. Election forms prepared by the commission secretary of state shall be distributed at the same time. If the commission secretary transmits an amended certification under s. 7.08 (2) (a) or if the commission secretary or a court orders a ballot error to be corrected under s. 5.06 (6) or 5.72 (3) after ballots have been distributed, the county clerk shall distribute corrected ballots to the municipal clerks as soon as possible.

AB981,192 Section 192. 7.10 (4) of the statutes is amended to read:

AB981,85,3 7.10 (4) Resolving notice doubts. When in doubt as to compliance with the statutory requirements for election notices or the correct fees to be paid for them, the county clerk may consult the commission secretary of state.

AB981,193 Section 193. 7.10 (7) of the statutes is amended to read:

AB981,85,7 7.10 (7) Voter education. Each county clerk shall assist the commission secretary of state in conducting educational programs under s. 5.05 (12) to inform electors about the voting process.

AB981,194 Section 194. 7.10 (8) of the statutes is amended to read:

AB981,85,12 7.10 (8) Free election information exchange. Each county clerk shall assist the commission secretary of state and municipal clerks in maintaining toll-free telephone lines and other free access systems under s. 5.05 (13) for exchange of voting information.

AB981,195 Section 195. 7.10 (9) of the statutes is amended to read:

AB981,85,15 7.10 (9) Training of election officials. Each county clerk shall assist the commission secretary of state in the training of election officials under s. 5.05 (7).

AB981,196 Section 196. 7.10 (10) of the statutes is amended to read:

AB981,85,19 7.10 (10) Information to commission secretary of state . Each county clerk shall provide to the commission secretary of state any information requested under s. 5.05 (14).

AB981,197 Section 197. 7.15 (1) (e) of the statutes is amended to read:

AB981,86,5 7.15 (1) (e) Train election officials in their duties, calling them together whenever advisable, advise them of changes in laws, rules and procedures affecting the performance of their duties, and administer examinations as authorized under s. 7.30 (2) (c). The training shall conform with the requirements prescribed in rules promulgated by the commission secretary of state under ss. 7.31 and 7.315. The clerk shall assure that officials who serve at polling places where an electronic voting system is used are familiar with the system and competent to instruct electors in its proper use. The clerk shall inspect systematically and thoroughly the conduct of elections in the municipality so that elections are honestly, efficiently and uniformly conducted.

AB981,198 Section 198. 7.15 (1) (g) of the statutes is amended to read:

AB981,86,11 7.15 (1) (g) In the manner prescribed by the commission secretary of state, report suspected election frauds, irregularities, or violations of which the clerk has knowledge to the district attorney for the county where the suspected activity occurs and to the commission secretary. The commission secretary shall annually report the information obtained under this paragraph to the legislature under s. 13.172 (2).

AB981,199 Section 199. 7.15 (1m) of the statutes is amended to read:

AB981,86,16 7.15 (1m) Attend training. Each municipal clerk shall, at least once every 2 years during the period beginning on January 1 of each even-numbered year and ending on December 31 of the following year, attend a training program sponsored by the commission secretary of state under ss. 7.31 and 7.315.

AB981,200 Section 200. 7.15 (8) of the statutes is amended to read:

AB981,86,20 7.15 (8) Resolving notice doubts. When in doubt as to compliance with the statutory requirements for election notices or the correct fees to be paid for them, the municipal clerk may consult the commission secretary of state.

AB981,201 Section 201. 7.15 (9) of the statutes is amended to read:

AB981,86,24 7.15 (9) Voter education. Each municipal clerk shall assist the commission secretary of state in conducting educational programs under s. 5.05 (12) to inform electors about the voting process.

AB981,202 Section 202. 7.15 (10) of the statutes is amended to read:

AB981,87,3 7.15 (10) Free election information exchange. Each municipal clerk shall assist the commission secretary of state in maintaining toll-free telephone lines and any other free access systems under s. 5.05 (13) for exchange of voting information.

AB981,203 Section 203. 7.15 (13) of the statutes is amended to read:

AB981,87,7 7.15 (13) Information to commission secretary of state . Each municipal clerk shall provide to the commission secretary of state any information requested under s. 5.05 (14).

AB981,204 Section 204. 7.30 (2) (c) of the statutes is amended to read:

AB981,87,14 7.30 (2) (c) The governing body of any municipality may require all persons serving as election officials to prove their ability to read and write English and to have a general knowledge of the election laws. Examinations may be given to prove the qualifications can be met. The municipal clerk shall ensure that all training meets the training requirements prescribed in rules promulgated by the commission secretary of state under ss. 7.31 and 7.315.

AB981,205 Section 205. 7.30 (4) (e) of the statutes is amended to read:

AB981,87,20 7.30 (4) (e) If an appointing authority believes that, for good cause, it should not appoint an individual whose name is submitted as a first choice nominee under par. (b), it may request the commission secretary of state to authorize nonappointment. The commission secretary may permit nonappointment of an individual for cause demonstrated by an appointing authority.

AB981,206 Section 206. 7.30 (6) (b) of the statutes is amended to read:

AB981,88,8 7.30 (6) (b) Prior to the first election following the appointment of the inspectors, the municipal clerk shall appoint one of the inspectors at each polling place, other than an inspector who is appointed under sub. (1) (b), to serve as chief inspector. No person may serve as chief inspector at any election who is not certified by the commission secretary of state under s. 7.31 at the time of the election. The chief inspector shall hold the position for the remainder of the term unless the inspector is removed by the clerk or the inspector ceases to be certified under s. 7.31, except that whenever wards are combined or separated under s. 5.15 (6) (b), the municipal clerk shall appoint another inspector who is certified under s. 7.31 to serve as chief inspector at each polling place designated under s. 5.15 (6) (b). If a vacancy occurs in the position of chief inspector at any polling place, the municipal clerk shall appoint one of the other inspectors who is certified under s. 7.31 to fill the vacancy.

AB981,207 Section 207. 7.31 of the statutes is amended to read:

AB981,88,13 7.31 Training and certification of chief inspectors. (1) The commission secretary of state shall establish requirements for certification of individuals to serve as chief inspectors. The requirements shall include a requirement to attend at least one training session held under sub. (5) before beginning service.

AB981,88,16 (2) No individual may serve as a chief inspector at a polling place in an election unless the individual is certified by the commission secretary of state to hold that office on the date of the election at which the individual serves.

AB981,88,19 (3) The commission secretary of state shall, upon application, issue certificates to qualified individuals who meet the requirements to be certified as chief inspectors. Each certificate shall carry an expiration date.

AB981,89,2 (4) The commission secretary of state shall require each individual to whom a certificate is issued under this section to meet requirements to maintain that certification. The requirements shall include a requirement to attend at least one training session held under sub. (5) every 2 years during the period beginning on January 1 of each even-numbered year and ending on December 31 of the following year. The commission secretary shall renew the certificate of any individual who requests renewal and who meets the requirements prescribed under this subsection.

AB981,89,7 (5) The commission secretary of state shall conduct regular training programs to ensure that individuals who are certified by the commission secretary under this section are knowledgeable concerning their authority and responsibilities. The commission secretary shall pay all costs required to conduct the training programs from the appropriation under s. 20.510 (1) 20.575 (2) (bm).

AB981,208 Section 208. 7.315 (1) (a) of the statutes is amended to read:

AB981,89,11 7.315 (1) (a) The commission secretary of state shall, by rule, prescribe the contents of the training that municipal clerks must provide to inspectors, other than chief inspectors, and to special voting deputies appointed under s. 6.875.

AB981,209 Section 209. 7.315 (2) of the statutes is amended to read:

AB981,89,18 7.315 (2) The commission secretary of state shall, by rule, prescribe requirements for, and the content of, training required of municipal clerks under s. 7.15 (1m). The commission secretary may provide such training directly or arrange for such training to be provided by other organizations. The rules secretary shall provide a method for notifying the relevant municipal governing body if a municipal clerk fails to attend required training.

AB981,210 Section 210. 7.315 (3) of the statutes is amended to read:

AB981,89,24 7.315 (3) The commission secretary of state may produce and periodically reissue as necessary a video program for the purpose of training election officials, including special voting deputies and election registration officials. The commission secretary shall make any such program available for viewing electronically through an Internet-based system.

AB981,211 Section 211. 7.38 (5) of the statutes is amended to read:

AB981,90,3 7.38 (5) In the event of failure to file the name of a current state chairperson, as required under s. 8.17 (12), the commission secretary of state may not recognize the state committee for the purpose of filling vacancies under sub. (1).

AB981,212 Section 212. 7.41 (5) of the statutes is repealed.