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LRBa1363/1
MPG:wlj
2019 - 2020 LEGISLATURE
ASSEMBLY AMENDMENT 4,
TO ASSEMBLY BILL 203
February 20, 2020 - Offered by Representatives Spreitzer, Hebl, Hesselbein,
Subeck, Pope, Billings, Ohnstad, Doyle, Brostoff and Zamarripa.
AB203-AA4,1,11 At the locations indicated, amend the bill as follows:
AB203-AA4,1,3 21. Page 1, line 5: delete “ballot" and substitute “ballot, early canvassing of
3absentee ballots,".
AB203-AA4,1,6 42. Page 2, line 5: delete “either at the polling place or at a central counting
5location," and substitute “either at the polling place or at a central counting
6location,
".
AB203-AA4,1,7 73. Page 2, line 6: delete “election" and substitute “election".
AB203-AA4,1,8 84. Page 2, line 7: after “utilized" insert “in an election".
AB203-AA4,1,9 95. Page 4, line 5: after that line insert:
AB203-AA4,1,10 10 Section 3g. 5.86 (1) of the statutes is amended to read:
AB203-AA4,2,1411 5.86 (1) All proceedings at each central counting location shall be under the
12direction of the municipal clerk or an election official designated by the clerk unless

1the central counting location is at the county seat and the municipal clerk delegates
2the responsibility to supervise the location to the county clerk
, in which case the
3proceedings shall be under the direction of the county clerk or an election official
4designated by the county clerk. If for any municipality the central counting location
5is at the county seat and the municipality authorizes or elects the early canvassing
6of absentee ballots under s. 7.525, the county clerk or the county clerk's designee
7shall begin the proceedings for that municipality on the day before the election
8consistent with that section.
Unless election officials are selected under s. 7.30 (4)
9(c) without regard to party affiliation, the employees at each central counting
10location, other than any specially trained technicians who are required for the
11operation of the automatic tabulating equipment, shall be equally divided between
12members of the 2 major political parties under s. 7.30 (2) (a) and all duties performed
13by the employees shall be by teams consisting of an equal number of members of each
14political party whenever sufficient persons from each party are available.
AB203-AA4,3r 15Section 3r. 6.15 (4) (b) of the statutes is amended to read:
AB203-AA4,2,2216 6.15 (4) (b) During polling hours, or between 7 a.m. and 8 p.m. on the day before
17the election if authorized or elected for that election under s. 7.525,
the inspectors
18shall open each carrier envelope, announce the elector's name, check the affidavit for
19proper execution, and check the voting qualifications for the ward, if any. In
20municipalities where absentee ballots are canvassed under s. 7.52, the municipal
21board of absentee ballot canvassers shall perform this function at a meeting of the
22board of absentee ballot canvassers.”.
AB203-AA4,2,23 236. Page 5, line 2: after that line insert:
AB203-AA4,2,24 24 Section 7e. 6.86 (1) (b) of the statutes is amended to read:
AB203-AA4,3,25
16.86 (1) (b) Except as provided in this section, if application is made by mail,
2the application shall be received no later than 5 p.m. on the 5th day immediately
3preceding the election. If application is made in person, the application shall be
4made no earlier than 14 days preceding the election and no later than the Sunday
5preceding the election. No application may be received on a legal holiday. A
6municipality shall specify the hours in the notice under s. 10.01 (2) (e). The
7municipal clerk or an election official shall witness the certificate for any in-person
8absentee ballot cast. Except as provided in par. (c), if the elector is making written
9application for an absentee ballot at the partisan primary, the general election, the
10presidential preference primary, or a special election for national office, and the
11application indicates that the elector is a military elector, as defined in s. 6.34 (1), the
12application shall be received by the municipal clerk no later than 5 p.m. on election
13day. If the application indicates that the reason for requesting an absentee ballot is
14that the elector is a sequestered juror, the application shall be received no later than
155 p.m. on election day. If the application is received after 5 p.m. on the Friday
16immediately preceding the election, the municipal clerk or the clerk's agent shall
17immediately take the ballot to the court in which the elector is serving as a juror and
18deposit it with the judge. The judge shall recess court, as soon as convenient, and
19give the elector the ballot. The judge shall then witness the voting procedure as
20provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who
21shall deliver it to the polling place election inspectors of the proper ward or election
22district
or, in municipalities where absentee ballots are canvassed under s. 7.52, to
23the municipal clerk as required in s. 6.88. If application is made under sub. (2) or
24(2m), the application may be received no later than 5 p.m. on the Friday immediately
25preceding the election.
AB203-AA4,7m
1Section 7m. 6.87 (6) of the statutes is amended to read:
AB203-AA4,4,82 6.87 (6) The ballot shall be returned so it is delivered to the polling place
3election inspectors of the proper ward or election district no later than 8 p.m. on
4election day. Except in municipalities where absentee ballots are canvassed under
5s. 7.52, if the municipal clerk receives an absentee ballot on election day, the clerk
6shall secure the ballot and cause the ballot to be delivered to the polling place serving
7the elector's residence before 8 p.m. Any ballot not mailed or delivered as provided
8in this subsection may not be counted.
AB203-AA4,7s 9Section 7s. 6.88 (1) of the statutes is amended to read:
AB203-AA4,4,2510 6.88 (1) When an absentee ballot arrives at the office of the municipal clerk,
11or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it,
12unopened, in a carrier envelope which shall be securely sealed and endorsed with the
13name and official title of the clerk, and the words “This envelope contains the ballot
14of an absent elector and must be opened in the same room where votes are being cast
15at the polls during polling hours on election day or, in municipalities where absentee
16ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of
17absentee ballot canvassers under s. 7.52, stats
only as provided by law." If the elector
18is a military elector, as defined in s. 6.34 (1), or an overseas elector, regardless of
19whether the elector qualifies as a resident of this state under s. 6.10, and the ballot
20was received by the elector by facsimile transmission or electronic mail and is
21accompanied by a separate certificate, the clerk shall enclose the ballot in a
22certificate envelope and securely append the completed certificate to the outside of
23the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep
24the ballot in the clerk's office or at the alternate site, if applicable until delivered, as
25required in sub. (2).
AB203-AA4,7v
1Section 7v. 6.88 (3) (a) of the statutes is amended to read:
AB203-AA4,6,32 6.88 (3) (a) Except in municipalities where absentee ballots are canvassed
3under s. 7.52, at any time between the opening and closing of the polls on election day,
4or between 7 a.m. and 8 p.m. on the day before the election if authorized or elected
5for that election under s. 7.525,
the inspectors shall, in the same room where votes
6are being cast, or in the place where absentee ballots begin being canvassed early
7under s. 7.525
, in such a manner that members of the public can hear and see the
8procedures, open the carrier envelope only, and announce the name of the absent
9elector or the identification serial number of the absent elector if the elector has a
10confidential listing under s. 6.47 (2). When the inspectors find that the certification
11has been properly executed, the applicant is a qualified elector of the ward or election
12district, and the applicant has not voted in the election, they shall enter an indication
13on the poll list next to the applicant's name indicating an absentee ballot is cast by
14the elector. They shall then open the envelope containing the ballot in a manner so
15as not to deface or destroy the certification thereon. The inspectors shall take out the
16ballot without unfolding it or permitting it to be unfolded or examined. Unless the
17ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been
18endorsed by the issuing clerk. If the poll list indicates that proof of residence under
19s. 6.34 is required and proof of residence is enclosed, the inspectors shall enter both
20the type of identifying document submitted by the absent elector and the name of the
21entity or institution that issued the identifying document on the poll list in the space
22provided. If the poll list indicates that proof of residence under s. 6.34 is required and
23no proof of residence is enclosed or the name or address on the document that is
24provided is not the same as the name and address shown on the poll list, the
25inspectors shall proceed as provided under s. 6.97 (2). The inspectors shall then

1deposit the ballot into the proper ballot box and enter the absent elector's name or
2voting number after his or her name on the poll list in the same manner as if the
3elector had been present and voted in person.”.
AB203-AA4,6,5 47. Page 6, line 1: after “(b)," insert “at a location where the early canvassing
5of absentee ballots is being conducted under s. 7.525,".
AB203-AA4,6,6 68. Page 14, line 13: after that line insert:
AB203-AA4,6,7 7 Section 15m. 7.52 (1) (a) of the statutes is amended to read:
AB203-AA4,7,38 7.52 (1) (a) The governing body of any municipality may provide by ordinance
9that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
10municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,
11at each election held in the municipality, canvass all absentee ballots received by the
12municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this
13subsection, the municipal clerk or board of election commissioners of the
14municipality shall notify the elections commission in writing of the proposed
15enactment and shall consult with the elections commission concerning
16administration of this section. At every election held in the municipality following
17enactment of an ordinance under this subsection, the board of absentee ballot
18canvassers shall, any time after the opening of the polls, or between 7 a.m. and 8 p.m.
19on the day before the election if authorized or elected for that election under s. 7.525,

20and before 10 p.m. on election day, publicly convene to count the absentee ballots for
21the municipality. The municipal clerk shall give at least 48 hours' notice of any
22meeting under this subsection. Any member of the public has the same right of
23access to a meeting of the municipal board of absentee ballot canvassers under this
24subsection that the individual would have under s. 7.41 to observe the proceedings

1at a polling place. The board of absentee ballot canvassers may order the removal
2of any individual exercising the right to observe the proceedings if the individual
3disrupts the meeting.”.
AB203-AA4,7,4 49. Page 15, line 7: after that line insert:
AB203-AA4,7,5 5 Section 16e. 7.52 (10) of the statutes is created to read:
AB203-AA4,7,86 7.52 (10) If, subject to s. 7.525, absentee ballots begin being canvassed under
7this section on the day before the election, no action under subs. (4) to (8) may be
8performed before election day.
AB203-AA4,16m 9Section 16m. 7.525 of the statutes is created to read:
AB203-AA4,7,16 107.525 Early canvassing of absentee ballots. (1) Ordinance authorizing
11early canvassing; requirements.
(a) 1. The governing body of any municipality that
12uses automatic tabulating equipment to process absentee ballots may provide by
13ordinance that absentee ballots received by the municipal clerk may begin being
14canvassed on the day before the election. Unless the ordinance provides otherwise,
15the municipal clerk or municipal board of election commissioners may elect to begin
16canvassing ballots early under this section in any election.
AB203-AA4,7,2117 2. Prior to enacting an ordinance under subd. 1., the municipal clerk or
18municipal board of election commissioners shall notify the elections commission in
19writing of the proposed enactment and shall consult with the elections commission
20concerning administration of this section. No ordinance under subd. 1. may take
21effect unless approved by the elections commission.
AB203-AA4,7,2422 (b) Ballots may be canvassed early under this section only between 7 a.m. and
238 p.m. on the day before the election and may not be tallied until after the polls close
24on election day.
AB203-AA4,8,3
1(c) Any member of the public has the same right of access to a place where
2absentee ballots are being canvassed early under this section that the individual
3would have under s. 7.41 to observe the proceedings at a polling place.
AB203-AA4,8,74 (d) When not in use, automatic tabulating equipment used for purposes of this
5section and the areas where the programmed media, memory devices, and ballots are
6housed shall be secured with tamper-evident security seals in a double-lock location
7such as a locked cabinet inside a locked office.
AB203-AA4,8,118 (e) No person may act in any manner that would give him or her the ability to
9know or to provide information on the accumulating or final results from the ballots
10canvassed early under this section before the close of the polls on election day. A
11person who violates this paragraph is guilty of a Class I felony.
AB203-AA4,8,13 12(2) Notice requirements. Absentee ballots may not begin being canvassed
13early under this section for any election unless all of the following apply:
AB203-AA4,8,1714 (a) At least 70 days before the election the municipal clerk or executive director
15of the municipal board of election commissioners notifies in writing the county clerk
16or executive director of the county board of election commissioners that early
17canvassing of absentee ballots will take place in the election.
AB203-AA4,8,1918 (b) The notice under s. 10.01 (2) (e) specifies the date and time during which,
19and each location where, the early canvassing of absentee ballots will be conducted.
AB203-AA4,16p 20Section 16p. Initial applicability.
AB203-AA4,8,2121 (1) This act first applies to the August 11, 2020, primary election.”.
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