AB899: Bill Text

AB899,183 Section 183. 7.08 (1) of the statutes is amended to read:

AB899,81,15 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.

AB899,81,21 (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.

AB899,82,2 (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.

AB899,82,9 (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.

AB899,184 Section 184. 7.08 (2) (a) of the statutes is amended to read:

AB899,83,2 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.

AB899,185 Section 185. 7.08 (2) (d) of the statutes is amended to read:

AB899,83,7 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.

AB899,186 Section 186. 7.08 (3) (intro.) of the statutes is amended to read:

AB899,83,13 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:

AB899,187 Section 187. 7.08 (3) (a) of the statutes is amended to read:

AB899,83,15 7.08 (3) (a) Be compiled by the commission secretary of state.

AB899,188 Section 188. 7.08 (4) of the statutes is amended to read:

AB899,83,20 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.

AB899,189 Section 189. 7.08 (6) of the statutes is amended to read:

AB899,84,4 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.

AB899,190 Section 190. 7.10 (1) (a) of the statutes is amended to read:

AB899,84,11 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).

AB899,191 Section 191. 7.10 (2) of the statutes is amended to read:

AB899,84,20 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.

AB899,192 Section 192. 7.10 (3) (a) of the statutes is amended to read:

AB899,85,6 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.

AB899,193 Section 193. 7.10 (4) of the statutes is amended to read:

AB899,85,10 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.

AB899,194 Section 194. 7.10 (7) of the statutes is amended to read:

AB899,85,14 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.

AB899,195 Section 195. 7.10 (8) of the statutes is amended to read:

AB899,85,19 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.

AB899,196 Section 196. 7.10 (9) of the statutes is amended to read:

AB899,85,22 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).

AB899,197 Section 197. 7.10 (10) of the statutes is amended to read:

AB899,86,3 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).

AB899,198 Section 198. 7.15 (1) (e) of the statutes is amended to read:

AB899,86,14 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.

AB899,199 Section 199. 7.15 (1) (g) of the statutes is amended to read:

AB899,86,20 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).

AB899,200 Section 200. 7.15 (1m) of the statutes is amended to read:

AB899,86,25 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.

AB899,201 Section 201. 7.15 (8) of the statutes is amended to read:

AB899,87,4 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.

AB899,202 Section 202. 7.15 (9) of the statutes is amended to read:

AB899,87,8 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.

AB899,203 Section 203. 7.15 (10) of the statutes is amended to read:

AB899,87,12 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.

AB899,204 Section 204. 7.15 (13) of the statutes is amended to read:

AB899,87,16 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).

AB899,205 Section 205. 7.30 (2) (c) of the statutes is amended to read:

AB899,87,23 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.

AB899,206 Section 206. 7.30 (4) (e) of the statutes is amended to read:

AB899,88,5 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.

AB899,207 Section 207. 7.30 (6) (b) of the statutes is amended to read:

AB899,88,18 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.

AB899,208 Section 208. 7.31 of the statutes is amended to read:

AB899,88,23 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.

AB899,89,3 (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.

AB899,89,6 (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.

AB899,89,13 (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.

AB899,89,18 (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).

AB899,209 Section 209. 7.315 (1) (a) of the statutes is amended to read:

AB899,89,22 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.

AB899,210 Section 210. 7.315 (2) of the statutes is amended to read:

AB899,90,4 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 shall provide a method for notifying the relevant municipal governing body if a municipal clerk fails to attend required training.

AB899,211 Section 211. 7.315 (3) of the statutes is amended to read:

AB899,90,10 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.

AB899,212 Section 212. 7.38 (5) of the statutes is amended to read:

AB899,90,14 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).

AB899,213 Section 213. 7.41 (5) of the statutes is repealed.

AB899,214 Section 214. 7.52 (1) (a) of the statutes is amended to read:

AB899,91,9 7.52 (1) (a) The governing body of any municipality may provide by ordinance that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall, at each election held in the municipality, canvass all absentee ballots received by the municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this subsection, the municipal clerk or board of election commissioners of the municipality shall notify the elections commission secretary of state in writing of the proposed enactment and shall consult with the elections commission secretary concerning administration of this section. At every election held in the municipality following enactment of an ordinance under this subsection, the board of absentee ballot canvassers shall, any time after the opening of the polls and before 10 p.m. on election day, publicly convene to count the absentee ballots for the municipality. The municipal clerk shall give at least 48 hours' notice of any meeting under this subsection. Any member of the public has the same right of access to a meeting of the municipal board of absentee ballot canvassers under this subsection that the individual would have under s. 7.41 to observe the proceedings at a polling place. The board of absentee ballot canvassers may order the removal of any individual exercising the right to observe the proceedings if the individual disrupts the meeting.

AB899,215 Section 215. 7.60 (4) (a) of the statutes is amended to read:

AB899,92,5 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected under s. 755.01 (4) serves a municipality that is located partially within the county and candidates for that judgeship file nomination papers in another county, the board of canvassers shall prepare a duplicate statement showing the numbers of votes cast for that judgeship in that county for transmittal to the other county. For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district, or statewide referendum. Each statement shall state the total number of votes cast in the county for each office; the names of all persons for whom the votes were cast, as returned; the number of votes cast for each person; and the number of votes cast for and against any question submitted at a referendum. The board of canvassers shall use one copy of each duplicate statement to report to the elections commission secretary of state, technical college district board, or board of canvassers of any other county and shall file the other statement in the office of the county clerk or board of election commissioners.

AB899,216 Section 216. 7.60 (5) of the statutes is amended to read:

AB899,92,24 7.60 (5) Reporting. (a) Immediately following the canvass, the county clerk shall deliver or transmit to the elections commission secretary of state a certified copy of each statement of the county board of canvassers for president and vice president, state officials, senators and representatives in congress, state legislators, justice, court of appeals judge, circuit judge, district attorney, and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on forms prescribed by the elections commission secretary of state the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the elections commission secretary of state no later than 9 days after each primary except the partisan primary, no later than 10 days after the partisan primary and any other election except the general election, and no later than 14 days after the general election. The board of canvassers shall deliver or transmit a certified copy of each statement for any technical college district referendum to the secretary of the technical college district board.

AB899,93,12 (b) If the board of canvassers becomes aware of a material mistake in the canvass of an election for state or national office or a statewide or technical college district referendum prior to the close of business on the day the elections commission secretary of state receives returns from the last county board of canvassers with respect to that canvass, the board of canvassers may petition the elections commission secretary of state to reopen and correct the canvass. The elections commission secretary of state shall direct the canvass to be reopened and corrected if it the secretary determines that the public interest so requires. If the elections commission secretary of state directs the canvass to be reopened, the board of canvassers shall reconvene and transmit a certified corrected copy of the canvass statement to the elections commission secretary of state or secretary of the technical college district board.

AB899,217 Section 217. 7.70 (1) of the statutes is amended to read:

AB899,93,16 7.70 (1) Recording and preserving returns. (a) Upon receipt of the certified statements from the county clerks, the commission secretary of state shall record the election results by counties and file and carefully preserve the statements.

AB899,93,23 (b) If any county clerk fails or neglects to forward any statements, the commission secretary of state may require the clerk to do so immediately and if not received by the 8th day after a primary, or by the 11th day after any other election, the commission secretary of state may dispatch a special messenger to obtain them. Whenever it appears upon the face of any statement that an error has been made in reporting or computing, the commission secretary of state may return it to the county clerk for correction.

AB899,218 Section 218. 7.70 (3) (a), (b), (c), (d), (e), (g), (h) and (i) of the statutes are amended to read:

AB899,94,8 7.70 (3) (a) The chairperson of the commission secretary of state or a designee of the chairperson secretary of state appointed by the chairperson secretary to canvass a specific election shall publicly canvass the returns and make his or her certifications and determinations on or before the 2nd Tuesday following a spring primary, the 15th day of May following a spring election, the 3rd Wednesday following a partisan primary, the first day of December following a general election, the 2nd Thursday following a special primary, or within 18 days after any special election.

AB899,94,19 (b) The commission chairperson secretary of state or the chairperson's secretary's designee shall examine the certified statements of the county boards of canvassers. If it appears that any material mistake has been made in the computation of votes, or any county board of canvassers failed to canvass the votes or omitted votes from any ward or election district in the county, the commission chairperson secretary of state or the chairperson's secretary's designee may dispatch a messenger to the county clerk with written instructions to certify the facts concerning the mistake or the reason why the votes were not canvassed. A clerk to whom such instructions are delivered shall immediately make a true and full answer, sign it, affix the county seal and deliver it to the messenger. The messenger shall deliver it with all possible dispatch to the commission secretary of state.

AB899,94,22 (c) The chairperson of the commission secretary of state or the chairperson's secretary's designee shall conclude the state canvass within 10 days after its commencement.

AB899,95,9 (d) When the certified statements and returns are received, the chairperson of the commission secretary of state or the chairperson's secretary's designee shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; court of appeals judge; circuit judge; district attorney; metropolitan sewerage commission, if the commissioners are elected under s. 200.09 (11) (am); and for any referenda questions submitted by the legislature.

AB899,95,14 (e) The chairperson of the commission secretary of state or the chairperson's secretary's designee shall make a special statement to the commission as soon as possible after the canvass of the general election certifying the name of each political party which receives at least one 1 percent of the vote cast in such election for any statewide office.

AB899,96,2 (g) Following each primary election, the chairperson of the commission secretary of state or the chairperson's secretary's designee shall prepare a statement certifying the results of the primary, which shall indicate the names of the persons who have won nomination to any state or national office. Following each other election, the chairperson of the commission secretary of state or the chairperson's secretary's designee shall prepare a statement certifying the results of the election and shall attach to the statement a certificate of determination which shall indicate the names of persons who have been elected to any state or national office. The chairperson of the commission secretary of state or the chairperson's secretary's designee shall likewise prepare a statement and certificate for any statewide referendum. The chairperson of the commission or the chairperson's designee shall deliver each statement and determination to the commission.

AB899,96,12 (h) Whenever a referendum question submitted to a vote of the people is approved, the commission secretary of state shall record it and the secretary of state legislative reference bureau shall have the record bound in the volume containing the original enrolled laws passed at the next succeeding session of the legislature and have the record published with the laws thereof. Whenever a constitutional amendment or other statewide validating or ratifying referendum question which is approved by the people does not expressly state the date of effectiveness, it shall become effective at the time the chairperson of the commission secretary of state or the chairperson's secretary's designee certifies that the amendment or referendum question is approved.

AB899,96,24 (i) The commission chairperson secretary of state or the chairperson's secretary's designee shall canvass only regular returns made by the county board of canvassers and shall not count or canvass any additional or supplemental returns or statements made by the county board or any other board or person. The commission chairperson secretary of state or the chairperson's secretary's designee shall not count or canvass any statement or return which has been made by the county board of canvassers at any other time than that provided in s. 7.60. This provision does not apply to any return made subsequent to a recount under s. 9.01, when the return is accepted in lieu of any prior return from the same county for the same office; or to a statement given to the commission chairperson secretary of state or chairperson's the secretary's designee or a messenger sent by the chairperson secretary or designee to obtain a correction.

AB899,219 Section 219. 7.70 (5) of the statutes is amended to read:

AB899,97,21 7.70 (5) Certificates of election. (a) The commission secretary of state shall record in its the secretary's office each certified statement and determination made by the commission chairperson secretary or the chairperson's secretary's designee. Immediately after the expiration of the time allowed to file a petition for recount, the commission secretary of state shall make and transmit to each person declared elected a certificate of election under the seal of the commission secretary of state, except that the commission secretary need not wait until expiration of the time allowed to file a petition for recount if there is no aggrieved party, as defined in s. 9.01 (1) (a) 5. It The secretary of state shall also prepare similar certificates, attested by the commission administrator secretary, addressed to the U.S. house of representatives, stating the names of those persons elected as representatives to the congress from this state. In the case of U.S. senators, the commission secretary of state shall prepare and sign a certificate of election for the governor's signature, and the governor shall sign and affix the great seal of the state and transmit the certificate to the president of the U.S. senate. The certificate shall be countersigned by the secretary of state. If a person elected was elected to fill a vacancy, the certificate shall so indicate. When a valid petition for recount is filed, the commission chairperson secretary of state or the chairperson's secretary's designee may not certify a nomination, and the governor or commission secretary of state may not issue a certificate of election until the recount has been completed and the time allowed for filing an appeal has passed, or if appealed until the appeal is decided.