AB899: Bill Text

AB899,77 Section 77. 5.35 (6) (a) 5. of the statutes is amended to read:

AB899,,182 5.35 (6) (a) 5. Any other voting information directed to be posted by the commission secretary of state.

AB899,78 Section 78. 5.35 (6) (b) of the statutes is amended to read:

AB899,,184 5.35 (6) (b) At each polling place in the state where a consolidated ballot under s. 5.655 is used or an electronic voting system is utilized at a partisan primary election incorporating a ballot upon which electors may mark votes for candidates of more than one recognized political party, the municipal clerk or board of election commissioners shall prominently post a sign in the form prescribed by the commission secretary of state warning electors in substance that on any ballot with votes cast for candidates of more than one recognized political party, no votes cast for any candidates for partisan office will be counted unless a preference for a party is made. If the elector designates a preference, only votes cast for candidates of that preference will be counted.

AB899,79 Section 79. 5.40 (5m) of the statutes is amended to read:

AB899,,186 5.40 (5m) Notwithstanding sub. (1), the governing body of a municipality which uses voting machines or an electronic voting system may petition the commission secretary of state for permission to use paper ballots and voting booths for a specific election, and the commission secretary may grant such a request.

AB899,80 Section 80. 5.40 (7) of the statutes is amended to read:

AB899,,188 5.40 (7) Whenever a municipality adopts and purchases voting machines or an electronic voting system, or adopts and purchases a different type of voting machine or electronic voting system from the type it was previously using, the municipal clerk or executive director of the municipal board of election commissioners shall promptly notify the county clerk or executive director of the county board of election commissioners and the administrator of the elections commission secretary of state in writing.

AB899,81 Section 81. 5.51 (6) of the statutes is amended to read:

AB899,,190 5.51 (6) All candidates’ names for the same office shall be placed, projected or composed on the ballot in the same size, style and color of type. The style and size of type shall conform substantially to the official ballot forms prescribed by the commission secretary of state under s. 7.08 (1) (a).

AB899,82 Section 82. 5.51 (8) of the statutes is amended to read:

AB899,,192 5.51 (8) Unless otherwise specifically provided, the form of all ballots shall conform to the ballot forms prescribed by the commission secretary of state under s. 7.08 (1) (a).

AB899,83 Section 83. 5.58 (1b) (bm) of the statutes is amended to read:

AB899,,194 5.58 (1b) (bm) For all cities the official spring primary ballot shall be arranged by the municipal clerk, using the same method as that used by the commission secretary of state under s. 5.60 (1) (b).

AB899,84 Section 84. 5.58 (1b) (cm) of the statutes is amended to read:

AB899,,196 5.58 (1b) (cm) Towns and villages holding a primary under s. 8.05 shall arrange the ballot in accordance with the form prescribed by the commission secretary of state under s. 7.08 (1) (a), which shall be the same form as provided in s. 5.60 (5) and (6), insofar as possible.

AB899,85 Section 85. 5.58 (2) of the statutes is amended to read:

AB899,,198 5.58 (2) State superintendent of public instruction; judiciary; county executive; county comptroller; and county supervisors. There shall be one separate ballot for state superintendent, judicial officers, county executive under s. 59.17, and county supervisor, except as authorized in s. 5.655. In counties having a population of 750,000 or more, the ballot shall also include the office of comptroller and those offices under s. 8.11 (2) (b) and (2m). The arrangement of names of candidates for state superintendent, justice, court of appeals judge, and circuit court judge shall be determined by the commission secretary of state in the manner specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county executive, county comptroller, and county supervisor shall be determined by the county clerk or by the executive director of the county board of election commissioners in the manner specified in s. 5.60 (1) (b).

AB899,86 Section 86. 5.58 (2m) of the statutes is amended to read:

AB899,,200 5.58 (2m) Metropolitan sewerage commission. Except as authorized in s. 5.655, there shall be a separate ballot for members of the metropolitan sewerage commission if commissioners are elected under s. 200.09 (11) (am), with candidates for different seats listed in separate columns or rows if more than one seat is contested at any election. Arrangement of the names on the ballot shall be determined by the elections commission secretary of state.

AB899,87 Section 87. 5.60 (1) (b) of the statutes is amended to read:

AB899,,202 5.60 (1) (b) The elections commission secretary of state shall certify the candidates’ names and designate the official ballot arrangement for candidates for state superintendent, justice, court of appeals judge, and for circuit judge and for metropolitan sewerage commission commissioners elected under s. 200.09 (11) (am). The arrangement of names of all candidates on the ballot whose nomination papers are filed with the elections commission secretary of state shall be determined by the elections commission secretary by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all candidates for that office shall be held by or under the supervision of the elections commission secretary of state not later than the 3rd day following the completion of the primary canvass to determine the arrangement of candidates on the election ballot.

AB899,88 Section 88. 5.60 (3) (ag) of the statutes is amended to read:

AB899,,204 5.60 (3) (ag) Except as authorized in s. 5.655, there shall be a separate ballot giving the names of all candidates for city offices, printed in the same form as prescribed by the commission secretary of state under s. 7.08 (1) (a). City election ballots may vary in form to conform to the law under which an election is held.

AB899,89 Section 89. 5.60 (5) (ar) of the statutes is amended to read:

AB899,,206 5.60 (5) (ar) The offices to be filled shall be arranged on the official ballot in the order they are named in the statutes creating them. The names of the candidates shall be arranged by using the same method as that used by the commission secretary of state under sub. (1) (b). Sufficient space shall be left under each office for write-in candidates.

AB899,90 Section 90. 5.60 (6) (a) of the statutes is amended to read:

AB899,,208 5.60 (6) (a) Except as authorized in s. 5.655, there shall be a separate ballot giving the names of all candidates for elective town offices in the form prescribed by the commission secretary of state under s. 7.08 (1) (a). There shall be 2 ballot forms. One ballot form shall be used for the election of supervisors to numbered seats and one ballot form shall be used for the election of supervisors to unnumbered seats. On the ballot used for the election of supervisors to unnumbered seats, all supervisor candidates shall be listed together and the voting instructions shall state “Vote for not more than.... [insert number of supervisors to be elected] candidates”. All towns shall elect their supervisors to unnumbered seats unless the annual town meeting adopts a plan to elect supervisors to numbered seats. The names of candidates for town office shall be arranged by using the same method as that used by the commission secretary of state under sub. (1) (b). A space shall be provided under each office on the ballot for a write-in candidate.

AB899,91 Section 91. 5.60 (8) (am) of the statutes is amended to read:

AB899,,210 5.60 (8) (am) Except as authorized in s. 5.655, there shall be a separate ballot for each recognized political party filing a certification under s. 8.12 (1), listing the names of all potential candidates of that party determined under s. 8.12 and affording, in addition, an opportunity to the voter to nominate another potential candidate by write-in vote or to vote for an uninstructed delegation to the party convention. The order of presidential candidates on the ballot shall be determined by lot by or under the supervision of the commission secretary of state. Each voter shall be given the ballots of all the parties participating in the presidential preference vote, but may vote on one ballot only.

AB899,92 Section 92. 5.62 (1) (a) of the statutes is amended to read:

AB899,,212 5.62 (1) (a) At the partisan primary, the following ballot shall be provided for the nomination of candidates of recognized political parties for national, state, and county offices and independent candidates for state office in each ward, in the same form as prescribed by the commission secretary of state under s. 7.08 (1) (a), except as authorized in s. 5.655. The ballots shall be made up of the several party tickets with each party entitled to participate in the primary under par. (b) or sub. (2) having its own ballot, except as authorized in s. 5.655. The ballots shall be secured together at the bottom. The party ballot of the party receiving the most votes for president or governor at the last general election shall be on top with the other parties arranged in descending order based on their vote for president or governor at the last general election. The ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying under par. (b), in the same order in which the parties filed petitions with the commission secretary of state. Any ballot required under par. (b) 2. shall be placed next in order. At polling places where voting machines are used, each party shall be represented in one or more separate columns or rows on the ballot. At polling places where an electronic voting system is used other than an electronic voting machine, each party may be represented in separate columns or rows on the ballot.

AB899,93 Section 93. 5.62 (1) (b) 1. of the statutes is amended to read:

AB899,,214 5.62 (1) (b) 1. Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every recognized political party listed on the official ballot at the last gubernatorial election whose candidate for any statewide office received at least 1 percent of the total votes cast for that office and, if the last general election was also a presidential election, every recognized political party listed on the ballot at that election whose candidate for president received at least 1 percent of the total vote cast for that office shall have a separate primary ballot or one or more separate columns or rows on the primary ballot as prescribed in par. (a) and a separate column on the general election ballot in every ward and election district. An organization which was listed as “independent” at the last general election and whose candidate meets the same qualification shall receive the same ballot status upon petition of the chairperson and secretary of the organization to the commission secretary of state requesting such status and specifying their party name, which may not duplicate the name of an existing party. A petition under this subdivision may be filed no later than 5 p.m. on April 1 in the year of each general election.

AB899,94 Section 94. 5.62 (2) (a) of the statutes is amended to read:

AB899,,216 5.62 (2) (a) Except as provided in par. (b) and s. 5.64 (1) (e) 2., any political organization may be represented on a separate primary ballot or in one or more separate columns or rows on the primary ballot as prescribed in sub. (1) (a) and in a separate column on the general election ballot in every ward and election district. To qualify for a separate ballot under this paragraph, the political organization shall, not later than 5 p.m. on April 1 in the year of the partisan primary, file with the commission secretary of state a petition requesting separate ballot status. The petition shall be signed by at least 10,000 electors, including at least 1,000 electors residing in each of at least 3 separate congressional districts. The petition shall conform to the requirements of s. 8.40. No signature obtained before January 1 in the year of filing is valid. When the candidates of a political organization filing a valid petition fulfill the requirements prescribed by law, they shall appear on a separate ballot or one or more separate columns or rows on the ballot for the period ending with the following general election.

AB899,95 Section 95. 5.62 (3) of the statutes is amended to read:

AB899,,218 5.62 (3) The commission secretary of state shall designate the official primary ballot arrangement for statewide offices and district attorney within each prosecutorial district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate column or row on the ballot, the candidates for office shall be listed together with the offices which they seek in the following order whenever these offices appear on the partisan primary ballot: governor, lieutenant governor, attorney general, secretary of state, state treasurer, U.S. senator, U.S. representative in congress, state senator, representative to the assembly, district attorney, and the county offices.

AB899,96 Section 96. 5.62 (4) (ar) of the statutes is amended to read:

AB899,,220 5.62 (4) (ar) Within a county the county clerk shall arrange the names of all candidates filing nomination papers with the clerk’s office using the same method as that used by the commission secretary of state under s. 5.60 (1) (b).

AB899,97 Section 97. 5.62 (4) (b) of the statutes is amended to read:

AB899,,222 5.62 (4) (b) The county board of election commissioners in counties having a population of more than 750,000 shall prepare the official primary ballot. The commissioners shall arrange the names of all candidates for each office whose nomination papers are filed at the county level, using the same method as that used by the elections commission secretary of state under s. 5.60 (1) (b).

AB899,98 Section 98. 5.64 (1) (ag) of the statutes is amended to read:

AB899,,224 5.64 (1) (ag) Except as authorized in s. 5.655, there shall be a separate ballot giving the names of all candidates for president and vice president and for statewide, congressional, legislative, and county offices in the same form as prescribed by the commission secretary of state under s. 7.08 (1) (a).

AB899,99 Section 99. 5.64 (1) (b) of the statutes is amended to read:

AB899,,226 5.64 (1) (b) The names of the candidates for the offices of president and vice president that are certified under s. 8.16 (7) or that are contained in nomination papers filed under s. 8.20 shall appear on the ballot in the form prescribed in s. 7.08 (2) (a). The names of the candidates on the regular party tickets nominated at the primary or replacements appointed under s. 8.35 (2) shall appear in a separate column under the party designation. The columns shall be arranged from left to right according to rank, based on the number of votes received by each party’s candidate for president or governor at the last general election beginning with the party that received the most votes. To the right of the columns for parties qualifying under s. 5.62 (1) (b) shall be placed the columns for parties qualifying under s. 5.62 (2) in the same order in which the parties filed petitions with the commission secretary of state. Any column required under par. (e) 2. shall be placed next in order. To the right of the party columns shall be a column for the names of independent candidates for each office, or more than one column if the first column does not provide sufficient space for the names of all such candidates.

AB899,100 Section 100. 5.64 (1) (es) of the statutes is amended to read:

AB899,,228 5.64 (1) (es) The party candidates shall be arranged consecutively from top to bottom based on the number of votes received by their party’s candidate for governor at the last election beginning with the party that received the most votes. The independent president-vice president candidates shall be listed together in an order drawn by lot by or under supervision of the commission secretary of state, following under the party candidates. 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. Following under the independent candidates, a space shall be left for writing in the names of a candidate for president and vice president.

AB899,101 Section 101. 5.64 (2) of the statutes is amended to read:

AB899,,230 5.64 (2) Referendum ballot. (am) There shall be a separate ballot when any proposed constitutional amendment or any other measure or question is submitted to a vote of the people, except as authorized in s. 5.655. The ballot shall give a concise statement of each question in accordance with the act or resolution directing submission in the same form as prescribed by the commission secretary of state under s. 7.08 (1) (a). The question may not be worded in such a manner as to require a negative vote to approve a proposition or an affirmative vote to disapprove a proposition. Unless otherwise expressly provided, this ballot form shall be used at all elections when questions are submitted to a vote of the people.

AB899,,231 (c) The official referendum ballot prescribed under this subsection shall be utilized at every election, except that the format shall be altered to the extent provided or required by other laws establishing or authorizing referenda to be conducted. Except as authorized in s. 5.655, all referenda shall appear on a separate ballot, but more than one referendum question may appear on the same referendum ballot whenever the questions are numbered and all electors voting the ballot are entitled to vote upon all questions appearing thereon. When more than one state referendum is placed on the same ballot, the commission secretary of state shall number the questions in chronological sequence. If the legislature submits questions on different dates, the commission secretary of state shall number the questions sequentially based on the date on which the questions are submitted by the legislature. Except as authorized in s. 5.655, state and county referenda shall appear on a separate ballot from municipal or special district referenda. The form of all referendum ballots shall be substantially the same as that prescribed by the commission secretary of state under s. 7.08 (1) (a).

AB899,102 Section 102. 5.655 (3) of the statutes is amended to read:

AB899,,233 5.655 (3) The commission secretary of state shall prescribe notices and instructions to be given to electors who use a ballot that is authorized under sub. (2) in lieu of any notices and instructions that are applicable only to municipalities employing separate paper ballots.

AB899,103 Section 103. 5.72 of the statutes is amended to read:

AB899,,235 5.72 Correcting ballot errors. (1) As soon as possible after ballots are delivered to the county clerk or to the municipal clerk if the municipality is preparing ballots under s. 7.15 (2), but not later than 3 weeks before any election relating to a state or national office or statewide referendum, the county or municipal clerk preparing the ballots shall submit one copy of each ballot to the commission secretary of state for review of possible errors. If the contractor preparing the ballots supplies proofs in advance of ballot preparation, the clerk shall submit one copy of the proofs in lieu of actual ballots. If a voting machine ballot or other ballot combining local candidates or referenda with state or national candidates or referenda is used, the entire ballot shall be submitted, but if ballots intended for distribution to electors are used, only those ballots relating to state or national offices and statewide referenda need be submitted. This subsection does not require delay of ballot distribution or mailing of absentee ballots.

AB899,,236 (2) The commission secretary of state shall review ballots and proof copies submitted under sub. (1) and shall notify the county and municipal clerk of any error as soon as possible but in no event later than 7 days after submission. The clerk is not required to correct a ballot error upon receipt of notice of the error, unless ordered to do so under sub. (3) or s. 5.06 (6).

AB899,,237 (3) Whenever an affidavit is filed by the commission secretary of state or any elector alleging an error or omission in the preparation of a ballot, the circuit court for the county where the ballot is proposed to be used or its presiding judge, by order, may summarily require a county or municipal clerk to correct the error, or show cause why it should not be corrected and, by order, after the hearing, have the correction made.

AB899,104 Section 104. 5.83 of the statutes is amended to read:

AB899,,239 5.83 Preparation for use of voting devices; comparison of ballots. Where voting devices are used at a polling place, the municipal clerk shall cause the voting devices to be put in order, set, adjusted, and made ready for voting when delivered to the polling place. Before the opening of the polls the inspectors shall compare the ballots used in the voting devices with the sample ballots furnished and see that the names, numbers, and letters thereon agree and shall certify thereto on forms provided by the commission secretary of state.

AB899,105 Section 105. 5.87 (2) of the statutes is amended to read:

AB899,,241 5.87 (2) The commission secretary of state shall, by rule, prescribe uniform standards for determining the validity of votes cast or attempted to be cast with each electronic voting system approved for use in this state under s. 5.91. The rules shall apply only to situations that may arise in which the validity of a vote or attempted vote cast by an elector utilizing a particular system cannot be determined under s. 7.50.

AB899,106 Section 106. 5.905 (2) of the statutes is amended to read:

AB899,,243 5.905 (2) The commission secretary of state shall determine which software components of an electronic voting system it he or she considers to be necessary to enable review and verification of the accuracy of the automatic tabulating equipment used to record and tally the votes cast with the system. The commission secretary shall require each vendor of an electronic voting system that is approved under s. 5.91 to place those software components in escrow with the commission secretary within 90 days of the date of approval of the system and within 10 days of the date of any subsequent change in the components. The commission secretary shall secure and maintain those software components in strict confidence except as authorized in this section. Unless authorized under this section, the commission secretary shall withhold access to those software components from any person who requests access under s. 19.35 (1). The secretary of state shall promulgate rules for the administration of this subsection.

AB899,107 Section 107. 5.905 (3) of the statutes is amended to read:

AB899,,245 5.905 (3) The commission secretary of state shall promulgate rules to ensure the security, review, and verification of software components used with each electronic voting system approved by the commission secretary. The verification procedure shall include a determination that the software components correspond to the instructions actually used by the system to count votes. The secretary shall report all findings under this subsection to the standing legislative oversight committees as soon as practicable after completion of the verification procedure.

AB899,108 Section 108. 5.905 (4) of the statutes is amended to read:

AB899,,247 5.905 (4) If a valid petition for a recount is filed under s. 9.01 in an election at which an electronic voting system was used to record and tally the votes cast, each party to the recount may designate one or more persons who are authorized to receive access to the software components that were used to record and tally the votes in the election. The commission secretary of state shall grant access to the software components to each designated person if, before receiving access, the person enters into a written agreement with the commission secretary that obligates the person to exercise the highest degree of reasonable care to maintain the confidentially of all proprietary information to which the person is provided access, unless otherwise permitted in a contract entered into under sub. (5).

AB899,109 Section 109. 5.91 (intro.) of the statutes is amended to read:

AB899,,249 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 secretary of state. The commission secretary may revoke its his or her certification of any ballot, device, equipment, or materials at any time for cause. The commission secretary 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 secretary of state may not certify any ballot, device, equipment, or material to be used in an electronic voting system unless it fulfills the following requirements:

AB899,110 Section 110. 5.93 of the statutes is repealed.

AB899,111 Section 111. 5.95 of the statutes is amended to read:

AB899,,252 5.95 Elector information. The commission secretary of state shall prescribe information to electors in municipalities and counties using various types of electronic voting systems to be published in lieu of the information specified in s. 10.02 (3) in type B notices whenever the type B notice information is inapplicable.

AB899,112 Section 112. 6.06 of the statutes is amended to read:

AB899,,254 6.06 Information for uniformed service members. The commission office of the secretary of state is the agency designated by this state under 42 USC 1973ff-1 to provide information regarding voter registration and absentee balloting procedures to absent members of the uniformed services and overseas voters with respect to elections for national office.

AB899,113 Section 113. 6.22 (4) (d) of the statutes is amended to read:

AB899,,256 6.22 (4) (d) The commission secretary of state shall prescribe the instructions for marking and returning ballots and the municipal clerk shall enclose instructions with each ballot and shall also enclose supplemental instructions for local elections. The envelope, return envelope and instructions may not contain the name of any candidate appearing on the enclosed ballots other than that of the municipal clerk affixed in the fulfillment of his or her duties.

AB899,114 Section 114. 6.22 (6) of the statutes is amended to read:

AB899,,258 6.22 (6) Military elector list. Each municipal clerk shall keep an up-to-date list of all eligible military electors who reside in the municipality in the format prescribed by the commission secretary of state. The list shall contain the name, latest-known military residence and military mailing address of each military elector. The list shall indicate whether each elector whose name appears on the list is a military elector, as defined in s. 6.34 (1), and has so certified under s. 6.865 (3m). All persons over 18 years of age or who will be 18 years old prior to an election shall be listed and remain on the list for the duration of their tour of duty. The list shall be kept current through all possible means. Each clerk shall exercise reasonable care to avoid duplication of names or listing anyone who is not eligible to vote. Each clerk shall distribute one copy of the list to the each polling place in the municipality for use on election day.

AB899,115 Section 115. 6.24 (3) of the statutes is amended to read:

AB899,,260 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 secretary of state designed to ascertain the elector’s qualifications under this section. The commission secretary 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).

AB899,116 Section 116. 6.24 (4) (d) of the statutes is amended to read:

AB899,,262 6.24 (4) (d) An overseas elector, regardless of whether the elector qualifies as a resident of this state under s. 6.10, who is not registered may request both a registration form and an absentee ballot at the same time, and the municipal clerk shall send or transmit the ballot automatically if the registration form is received within the time prescribed in s. 6.28 (1). The commission secretary of state shall prescribe a special certificate form for the envelope in which the absentee ballot for such overseas electors is contained, which shall be substantially similar to that provided under s. 6.87 (2). The overseas elector shall make and subscribe to the special certificate form before a witness who is an adult.

AB899,117 Section 117. 6.24 (5) of the statutes is amended to read:

AB899,,264 6.24 (5) Ballots. The commission secretary of state shall prescribe a special ballot for use under this section whenever necessary. Official ballots prescribed for use in the presidential preference primary may also be used. The ballot shall be designed to comply with the requirements prescribed under ss. 5.60 (8), 5.62, and 5.64 (1) insofar as applicable. All ballots shall be limited to national offices only.

AB899,118 Section 118. 6.24 (6) of the statutes is amended to read:

AB899,,266 6.24 (6) Instructions and handling. The municipal clerk shall send a ballot, as soon as available, to each overseas elector by whom a request has been made. The commission secretary of state shall prescribe the instructions for marking and returning ballots and the municipal clerk shall enclose such instructions with each ballot. The envelope, return envelope, and instructions may not contain the name of any candidate appearing on the enclosed ballots other than that of the municipal clerk affixed in the fulfillment of his or her duties. Except as authorized in s. 6.87 (3), the municipal clerk shall mail the material, with sufficient postage to ensure that the elector receives the ballot, unless the material qualifies for mailing free of postage under federal free postage laws. If the return envelope qualifies for mailing free of postage under federal free postage laws, the clerk shall affix the appropriate legend required by U.S. postal regulations. Otherwise, the municipal clerk shall pay the postage required for return when the ballot is mailed from within the United States. If the ballot is not mailed by the overseas elector from within the United States, the overseas elector shall provide return postage.

AB899,119 Section 119. 6.275 (1) (intro.) of the statutes is amended to read:

AB899,,268 6.275 (1) (intro.) Except as provided in par. (f), no later than 30 days after each primary and election at which a state or national office is filled or a statewide referendum is held, including any special election, the municipal clerk or board of election commissioners shall submit electronically a report to the commission secretary of state and the county clerk or board of election commissioners of each county in which the municipality is located specifying:

AB899,120 Section 120. 6.275 (1) (f) of the statutes is amended to read: