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LRBa1445/1
JK:all
2019 - 2020 LEGISLATURE
SENATE AMENDMENT 1,
TO ASSEMBLY BILL 1038
April 15, 2020 - Offered by Senators Bewley, Carpenter, Erpenbach, Hansen,
Johnson, Larson, Miller, Ringhand, Risser, Schachtner, Shilling, Smith,
L. Taylor and Wirch.
AB1038-SA1,1,11 At the locations indicated, amend the bill as follows:
AB1038-SA1,1,2 21. Page 19, line 1: before that line insert:
AB1038-SA1,1,3 3 Section 1a. 5.41 of the statutes is created to read:
AB1038-SA1,1,8 45.41 Suspension of voter identification during an emergency.
5Notwithstanding any provision to the contrary, no elector is required to provide
6identification in order to vote at any primary or election held within 90 days after the
7day on which the governor issues an executive order declaring a state of emergency,
8as provided under s. 323.10.
AB1038-SA1,1b 9Section 1b. 5.84 (1) of the statutes is amended to read:
AB1038-SA1,2,1510 5.84 (1) Where any municipality employs an electronic voting system which
11utilizes automatic tabulating equipment, either at the polling place or at a central
12counting location,
the municipal clerk shall, on any day not more than 10 days prior
13to the election day on which the equipment is to be utilized, have the equipment

1tested to ascertain that it will correctly count the votes cast for all offices and on all
2measures. Public notice of the time and place of the test shall be given by the clerk
3at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in
4one or more newspapers published within the municipality if a newspaper is
5published therein, otherwise in a newspaper of general circulation therein. The test
6shall be open to the public. The test shall be conducted by processing a preaudited
7group of ballots so marked as to record a predetermined number of valid votes for
8each candidate and on each referendum. The test shall include for each office one
9or more ballots which have votes in excess of the number allowed by law and, for a
10partisan primary election, one or more ballots which have votes cast for candidates
11of more than one recognized political party, in order to test the ability of the
12automatic tabulating equipment to reject such votes. If any error is detected, the
13municipal clerk shall ascertain the cause and correct the error. The clerk shall make
14an errorless count before the automatic tabulating equipment is approved by the
15clerk for use in the election.
AB1038-SA1,1c 16Section 1c. 6.15 (4) (b) of the statutes is amended to read:
AB1038-SA1,2,2217 6.15 (4) (b) During polling hours, or on the Sunday before the election if
18authorized under s. 6.885,
the inspectors shall open each carrier envelope, announce
19the elector's name, check the affidavit for proper execution, and check the voting
20qualifications for the ward, if any. In municipalities where absentee ballots are
21canvassed under s. 7.52, the municipal board of absentee ballot canvassers shall
22perform this function at a meeting of the board of absentee ballot canvassers.
AB1038-SA1,1d 23Section 1d. 6.28 (1) (a) of the statutes is amended to read:
AB1038-SA1,3,824 6.28 (1) (a) Except as authorized in ss. 6.29, 6.55 (2), and 6.86 (3) (a) 2.,
25registration in person for an election closes at 5 p.m. on the 3rd Wednesday preceding

1the election. Registrations made by mail under s. 6.30 (4) must be delivered to the
2office of the municipal clerk or postmarked no later than the 3rd Wednesday
3preceding the election. Electronic Except as authorized under s. 6.58, electronic
4registration under s. 6.30 (5) for an election closes at 11:59 p.m. on the 3rd Wednesday
5preceding the election. The municipal clerk or board of election commissioners may
6assign election registration officials to register electors who apply for an in-person
7absentee ballot under s. 6.86 (1) (b) or to register electors at a polling place on election
8day or at a residential care facility, as defined under s. 6.875 (1) (bm).
AB1038-SA1,1e 9Section 1e. 6.58 of the statutes is created to read:
AB1038-SA1,3,13 106.58 Registration during a state of emergency. If the governor issues an
11executive order declaring a state of emergency, as provided under s. 323.10,
12electronic registration under s. 6.30 (5) for any primary or election occurring no later
13than 90 days after the order closes at 5 p.m. on the 5th day preceding the election.
AB1038-SA1,1f 14Section 1f. 6.86 (1) (b) of the statutes is amended to read:
AB1038-SA1,4,1715 6.86 (1) (b) Except as provided in this section, if application is made by mail,
16the application shall be received no later than 5 p.m. on the 5th day immediately
17preceding the election. If application is made in person, the application shall be
18made no earlier than 14 days preceding the election and no later than the Sunday
19preceding the election. A municipality shall allow applications in person on the
20Sunday preceding any election that is held no later than 90 days after the day on
21which the governor issues an executive order declaring a state of emergency under
22s. 323.10.
No application may be received on a legal holiday. A municipality shall
23specify the hours in the notice under s. 10.01 (2) (e). The municipal clerk or an
24election official shall witness the certificate for any in-person absentee ballot cast.
25Except as provided in par. (c), if the elector is making written application for an

1absentee ballot at the partisan primary, the general election, the presidential
2preference primary, or a special election for national office, and the application
3indicates that the elector is a military elector, as defined in s. 6.34 (1), the application
4shall be received by the municipal clerk no later than 5 p.m. on election day. If the
5application indicates that the reason for requesting an absentee ballot is that the
6elector is a sequestered juror, the application shall be received no later than 5 p.m.
7on election day. If the application is received after 5 p.m. on the Friday immediately
8preceding the election, the municipal clerk or the clerk's agent shall immediately
9take the ballot to the court in which the elector is serving as a juror and deposit it
10with the judge. The judge shall recess court, as soon as convenient, and give the
11elector the ballot. The judge shall then witness the voting procedure as provided in
12s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver
13it to the polling place election inspectors of the proper ward or election district or, in
14municipalities where absentee ballots are canvassed under s. 7.52, to the municipal
15clerk as required in s. 6.88. If application is made under sub. (2) or (2m), the
16application may be received no later than 5 p.m. on the Friday immediately
17preceding the election.
AB1038-SA1,1g 18Section 1g. 6.86 (3m) of the statutes is created to read:
AB1038-SA1,4,2219 6.86 (3m) Any elector who is quarantined or in isolation as the result of a state
20of emergency declared under s. 323.10 may register and apply for and obtain an
21official ballot by agent in the same manner as a hospitalized elector may register and
22apply for and obtain an official ballot by agent under sub. (3).
AB1038-SA1,1h 23Section 1h. 6.87 (6) of the statutes is renumbered 6.87 (6) (a) and amended
24to read:
AB1038-SA1,5,7
16.87 (6) (a) The Except as provided in par. (b), the ballot shall be returned so
2it is delivered to the polling place election inspectors of the proper ward or election
3district
no later than 8 p.m. on election day. Except in municipalities where absentee
4ballots are canvassed under s. 7.52, if the municipal clerk receives an absentee ballot
5on election day, the clerk shall secure the ballot and cause the ballot to be delivered
6to the polling place serving the elector's residence before 8 p.m. Any ballot not mailed
7or delivered as provided in this subsection paragraph or par. (b) may not be counted.
AB1038-SA1,1i 8Section 1i. 6.87 (6) (b) of the statutes is created to read:
AB1038-SA1,5,149 6.87 (6) (b) If the governor issues an executive order declaring a state of
10emergency under s. 323.10, an absentee ballot being returned by mail for any
11primary or election occurring no later than 90 days after the day on which the order
12is issued shall be returned to the municipal clerk no later than 3 days after the day
13of the primary or election and postmarked no later than the day of the primary or
14election.
AB1038-SA1,1j 15Section 1j. 6.88 (1) of the statutes is amended to read:
AB1038-SA1,6,616 6.88 (1) When an absentee ballot arrives at the office of the municipal clerk,
17or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it,
18unopened, in a carrier envelope which shall be securely sealed and endorsed with the
19name and official title of the clerk, and the words “This envelope contains the ballot
20of an absent elector and must be opened in the same room where votes are being cast
21at the polls during polling hours on election day or, in municipalities where absentee
22ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of
23absentee ballot canvassers under s. 7.52, stats
only as provided by law." If the elector
24is a military elector, as defined in s. 6.34 (1), or an overseas elector, regardless of
25whether the elector qualifies as a resident of this state under s. 6.10, and the ballot

1was received by the elector by facsimile transmission or electronic mail and is
2accompanied by a separate certificate, the clerk shall enclose the ballot in a
3certificate envelope and securely append the completed certificate to the outside of
4the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep
5the ballot in the clerk's office or at the alternate site, if applicable until delivered, as
6required in sub. (2).
AB1038-SA1,1k 7Section 1k. 6.885 of the statutes is created to read:
AB1038-SA1,6,14 86.885 Early canvassing of absentee ballots during a state of emergency.
9(1) Ordinance authorizing early canvassing; requirements. (a) 1. The governing
10body of any municipality that uses automatic tabulating equipment to process
11absentee ballots may provide by ordinance that absentee ballots received by the
12municipal clerk may be canvassed on the Sunday before any election occurring no
13later than 90 days after the governor issues an executive order declaring a state of
14emergency under s. 323.10.
AB1038-SA1,6,1815 2. Prior to enacting an ordinance under subd. 1., the municipal clerk or
16municipal board of election commissioners shall notify the elections commission in
17writing of the proposed enactment and shall consult with the elections commission
18concerning administration of this section.
AB1038-SA1,6,2119 (b) Early canvassing of absentee ballots under this section shall satisfy the
20procedures required for canvassing absentee ballots during polling hours at a polling
21place under s. 6.88 (3) or, if applicable, 7.52.
AB1038-SA1,6,2422 (c) Any member of the public has the same right of access to a place where
23absentee ballots are being canvassed early under this section that the individual
24would have under s. 7.41 to observe the proceedings at a polling place.
AB1038-SA1,7,4
1(d) When not in use, automatic tabulating equipment used for purposes of this
2section and the areas where the programmed media and the absentee ballots are
3housed shall be secured with tamper-evident security seals in a double-lock location
4such as a locked cabinet inside a locked office.
AB1038-SA1,7,65 (e) Ballots canvassed early under this section may not be tabulated until the
6closing of the polls on election day.
AB1038-SA1,7,107 (f) No person may act in any manner that would give him or her the ability to
8know or to provide information on the accumulating or final results from the ballots
9canvassed early under this section before the close of the polls on election day. A
10person who violates this paragraph is guilty of a Class I felony.
AB1038-SA1,7,12 11(2) Notice requirements. Absentee ballots may not be canvassed early under
12this section for any election unless all of the following apply:
AB1038-SA1,7,1613 (a) As soon as practicable before the election the municipal clerk or executive
14director of the municipal board of election commissioners notifies in writing the
15county clerk or executive director of the county board of election commissioners that
16early canvassing of absentee ballots will take place in the election.
AB1038-SA1,7,1817 (b) The notice under s. 10.01 (2) (e) specifies the date and time during which,
18and each location where, the early canvassing of absentee ballots will be conducted.
AB1038-SA1,1L 19Section 1L. 6.895 of the statutes is created to read:
AB1038-SA1,8,2 206.895 Voting by absentee ballot during an emergency. Notwithstanding
21any provision to the contrary, if the governor issues an executive order declaring a
22state of emergency under s. 323.10, absentee ballots shall be sent to all registered
23voters no later than 7 days prior to any primary or election held during the period
24covered by the order, including any extension under s. 323.10. No witness

1certification is required for any absentee ballot returned during the period covered
2by a state of emergency declared under s. 323.10.
AB1038-SA1,1m 3Section 1m. 6.91 of the statutes is created to read:
AB1038-SA1,8,9 46.91 Place for challenging an elector. The vote of any voter, including an
5absent voter, may be challenged as provided under this subchapter at the polling
6place, at the municipal clerk's office, at an in-person absentee voting location during
7the period for making an in-person application for an absentee ballot under s. 6.86
8(1) (b), at a location where the early canvassing of absentee ballots is being conducted
9under s. 6.885, or at a central count location.
AB1038-SA1,1n 10Section 1n. 7.52 (1) (a) of the statutes is amended to read:
AB1038-SA1,9,411 7.52 (1) (a) The governing body of any municipality may provide by ordinance
12that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
13municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,
14at each election held in the municipality, canvass all absentee ballots received by the
15municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this
16subsection, the municipal clerk or board of election commissioners of the
17municipality shall notify the elections commission in writing of the proposed
18enactment and shall consult with the elections commission concerning
19administration of this section. At every election held in the municipality following
20enactment of an ordinance under this subsection, the board of absentee ballot
21canvassers shall, any time after the opening of the polls, or on the Sunday before the
22election if authorized under s. 6.885,
and before 10 p.m. on election day, publicly
23convene to count the absentee ballots for the municipality. The municipal clerk shall
24give at least 48 hours' notice of any meeting under this subsection. Any member of
25the public has the same right of access to a meeting of the municipal board of

1absentee ballot canvassers under this subsection that the individual would have
2under s. 7.41 to observe the proceedings at a polling place. The board of absentee
3ballot canvassers may order the removal of any individual exercising the right to
4observe the proceedings if the individual disrupts the meeting.
AB1038-SA1,1p 5Section 1p. 8.41 of the statutes is created to read:
AB1038-SA1,9,10 68.41 Signature requirements during a public health emergency. If the
7governor issues an executive order declaring a public health emergency under s.
8323.10, the commission may modify any signature requirement under this chapter
9that it considers necessary for public safety or for the administration of any election
10held during the state of emergency.”.
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