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2021 - 2022 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE BILL 939
February 22, 2022 - Offered by Senators Carpenter, Smith, Bewley, Agard and
Ringhand.
SB939-SA1,1,11 At the locations indicated, amend the bill as follows:
SB939-SA1,1,3 21. Page 1, line 8: before “and providing a penalty" insert “early canvassing of
3absentee ballots,".
SB939-SA1,1,4 42. Page 4, line 1: before that line insert:
SB939-SA1,1,5 5 Section 1f. 5.84 (1) of the statutes is amended to read:
SB939-SA1,2,116 5.84 (1) Where any municipality employs an electronic voting system which
7utilizes automatic tabulating equipment, either at the polling place or at a central
8counting location,
the municipal clerk shall, on any day not more than 10 days prior
9to the election day on which the equipment is to be utilized in an election, have the
10equipment tested to ascertain that it will correctly count the votes cast for all offices
11and on all measures. Public notice of the time and place of the test shall be given by
12the clerk at least 48 hours prior to the test by publication of a class 1 notice under
13ch. 985 in one or more newspapers published within the municipality if a newspaper

1is published therein, otherwise in a newspaper of general circulation therein. The
2test shall be open to the public. The test shall be conducted by processing a
3preaudited group of ballots so marked as to record a predetermined number of valid
4votes for each candidate and on each referendum. The test shall include for each
5office one or more ballots which have votes in excess of the number allowed by law
6and, for a partisan primary election, one or more ballots which have votes cast for
7candidates of more than one recognized political party, in order to test the ability of
8the automatic tabulating equipment to reject such votes. If any error is detected, the
9municipal clerk shall ascertain the cause and correct the error. The clerk shall make
10an errorless count before the automatic tabulating equipment is approved by the
11clerk for use in the election.
SB939-SA1,1k 12Section 1k. 5.86 (1) of the statutes is amended to read:
SB939-SA1,3,313 5.86 (1) All proceedings at each central counting location shall be under the
14direction of the municipal clerk or an election official designated by the clerk unless
15the central counting location is at the county seat and the municipal clerk delegates
16the responsibility to supervise the location to the county clerk
, in which case the
17proceedings shall be under the direction of the county clerk or an election official
18designated by the county clerk. If for any municipality the central counting location
19is at the county seat and the municipality authorizes or elects the early canvassing
20of absentee ballots under s. 7.525, the county clerk or the county clerk's designee
21shall begin the proceedings for that municipality on the day before the election
22consistent with that section.
Unless election officials are selected under s. 7.30 (4)
23(c) without regard to party affiliation, the employees at each central counting
24location, other than any specially trained technicians who are required for the
25operation of the automatic tabulating equipment, shall be equally divided between

1members of the 2 major political parties under s. 7.30 (2) (a) and all duties performed
2by the employees shall be by teams consisting of an equal number of members of each
3political party whenever sufficient persons from each party are available.
SB939-SA1,1q 4Section 1q. 6.15 (4) (b) of the statutes is amended to read:
SB939-SA1,3,115 6.15 (4) (b) During polling hours, or between 7 a.m. and 8 p.m. on the day before
6the election if authorized or elected for that election under s. 7.525,
the inspectors
7shall open each carrier envelope, announce the elector's name, check the affidavit for
8proper execution, and check the voting qualifications for the ward, if any. In
9municipalities where absentee ballots are canvassed under s. 7.52, the municipal
10board of absentee ballot canvassers shall perform this function at a meeting of the
11board of absentee ballot canvassers.”.
SB939-SA1,3,12 123. Page 5, line 11: delete lines 11 to 17.
SB939-SA1,3,14 134. Page 9, line 14: delete the material beginning with “A" and ending with
14felony." on line 15.
SB939-SA1,3,15 155. Page 10, line 16: after that line insert:
SB939-SA1,3,16 16 Section 9c. 6.86 (1) (b) of the statutes is amended to read:
SB939-SA1,4,1717 6.86 (1) (b) Except as provided in this section, if application is made by mail,
18the application shall be received no later than 5 p.m. on the 5th day immediately
19preceding the election. If application is made in person, the application shall be
20made no earlier than 14 days preceding the election and no later than the Sunday
21preceding the election. No application may be received on a legal holiday. A
22municipality shall specify the hours in the notice under s. 10.01 (2) (e). The
23municipal clerk or an election official shall witness the certificate for any in-person
24absentee ballot cast. Except as provided in par. (c), if the elector is making written

1application for an absentee ballot at the partisan primary, the general election, the
2presidential preference primary, or a special election for national office, and the
3application indicates that the elector is a military elector, as defined in s. 6.34 (1), the
4application shall be received by the municipal clerk no later than 5 p.m. on election
5day. If the application indicates that the reason for requesting an absentee ballot is
6that the elector is a sequestered juror, the application shall be received no later than
75 p.m. on election day. If the application is received after 5 p.m. on the Friday
8immediately preceding the election, the municipal clerk or the clerk's agent shall
9immediately take the ballot to the court in which the elector is serving as a juror and
10deposit it with the judge. The judge shall recess court, as soon as convenient, and
11give the elector the ballot. The judge shall then witness the voting procedure as
12provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who
13shall deliver it to the polling place election inspectors of the proper ward or election
14district
or, in municipalities where absentee ballots are canvassed under s. 7.52, to
15the municipal clerk as required in s. 6.88. If application is made under sub. (2) or
16(2m), the application may be received no later than 5 p.m. on the Friday immediately
17preceding the election.”.
SB939-SA1,4,18 186. Page 16, line 1: delete lines 1 to 10 and substitute:
SB939-SA1,4,19 19 Section 17b. 6.87 (6) of the statutes is amended to read:
SB939-SA1,5,220 6.87 (6) The ballot shall be returned so it is delivered to the polling place
21election inspectors of the proper ward or election district no later than 8 p.m. on
22election day. Except in municipalities where absentee ballots are canvassed under
23s. 7.52, if the municipal clerk receives an absentee ballot on election day, the clerk
24shall secure the ballot and cause the ballot to be delivered to the polling place serving

1the elector's residence before 8 p.m. Any ballot not mailed or delivered as provided
2in this subsection may not be counted.
SB939-SA1,17e 3Section 17e. 6.88 (1) of the statutes is amended to read:
SB939-SA1,5,194 6.88 (1) When an absentee ballot arrives at the office of the municipal clerk,
5or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it,
6unopened, in a carrier envelope which shall be securely sealed and endorsed with the
7name and official title of the clerk, and the words “This envelope contains the ballot
8of an absent elector and must be opened in the same room where votes are being cast
9at the polls during polling hours on election day or, in municipalities where absentee
10ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of
11absentee ballot canvassers under s. 7.52, stats
only as provided by law." If the elector
12is a military elector, as defined in s. 6.34 (1), or an overseas elector, regardless of
13whether the elector qualifies as a resident of this state under s. 6.10, and the ballot
14was received by the elector by facsimile transmission or electronic mail and is
15accompanied by a separate certificate, the clerk shall enclose the ballot in a
16certificate envelope and securely append the completed certificate to the outside of
17the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep
18the ballot in the clerk's office or at the alternate site, if applicable until delivered, as
19required in sub. (2).
SB939-SA1,17g 20Section 17g. 6.88 (3) (a) of the statutes is amended to read:
SB939-SA1,6,2221 6.88 (3) (a) Except in municipalities where absentee ballots are canvassed
22under s. 7.52, at any time between the opening and closing of the polls on election day,
23or between 7 a.m. and 8 p.m. on the day before the election if authorized or elected
24for that election under s. 7.525,
the inspectors shall, in the same room where votes
25are being cast, or in the place where absentee ballots begin being canvassed early

1under s. 7.525
, in such a manner that members of the public can hear and see the
2procedures, open the carrier envelope only, and announce the name of the absent
3elector or the identification serial number of the absent elector if the elector has a
4confidential listing under s. 6.47 (2). When the inspectors find that the certification
5has been properly executed, the applicant is a qualified elector of the ward or election
6district, and the applicant has not voted in the election, they shall enter an indication
7on the poll list next to the applicant's name indicating an absentee ballot is cast by
8the elector. They shall then open the envelope containing the ballot in a manner so
9as not to deface or destroy the certification thereon. The inspectors shall take out the
10ballot without unfolding it or permitting it to be unfolded or examined. Unless the
11ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been
12endorsed by the issuing clerk. If the poll list indicates that proof of residence under
13s. 6.34 is required and proof of residence is enclosed, the inspectors shall enter both
14the type of identifying document submitted by the absent elector and the name of the
15entity or institution that issued the identifying document on the poll list in the space
16provided. If the poll list indicates that proof of residence under s. 6.34 is required and
17no proof of residence is enclosed or the name or address on the document that is
18provided is not the same as the name and address shown on the poll list, the
19inspectors shall proceed as provided under s. 6.97 (2). The inspectors shall then
20deposit the ballot into the proper ballot box and enter the absent elector's name or
21voting number after his or her name on the poll list in the same manner as if the
22elector had been present and voted in person.
SB939-SA1,17k 23Section 17k. 6.91 of the statutes is created to read:
SB939-SA1,7,4 246.91 Place for challenging an elector. The vote of any voter, including an
25absent voter, may be challenged as provided under this subchapter at the polling

1place, at the municipal clerk's office, at an in-person absentee voting location during
2the period for making an in-person application for an absentee ballot under s. 6.86
3(1) (b), at a location where the early canvassing of absentee ballots is being conducted
4under s. 7.525, or at a central count location.
SB939-SA1,17n 5Section 17n. 7.52 (1) (a) of the statutes is amended to read:
SB939-SA1,7,256 7.52 (1) (a) The governing body of any municipality may provide by ordinance
7that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
8municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,
9at each election held in the municipality, canvass all absentee ballots received by the
10municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this
11subsection, the municipal clerk or board of election commissioners of the
12municipality shall notify the elections commission in writing of the proposed
13enactment and shall consult with the elections commission concerning
14administration of this section. At every election held in the municipality following
15enactment of an ordinance under this subsection, the board of absentee ballot
16canvassers shall, any time after the opening of the polls, or between 7 a.m. and 8 p.m.
17on the day before the election if authorized or elected for that election under s. 7.525,

18and before 10 p.m. on election day, publicly convene to count the absentee ballots for
19the municipality. The municipal clerk shall give at least 48 hours' notice of any
20meeting under this subsection. Any member of the public has the same right of
21access to a meeting of the municipal board of absentee ballot canvassers under this
22subsection that the individual would have under s. 7.41 to observe the proceedings
23at a polling place. The board of absentee ballot canvassers may order the removal
24of any individual exercising the right to observe the proceedings if the individual
25disrupts the meeting.
SB939-SA1,17q
1Section 17q. 7.52 (10) of the statutes is created to read:
SB939-SA1,8,42 7.52 (10) If, subject to s. 7.525, absentee ballots begin being canvassed under
3this section on the day before the election, no action under subs. (4) to (8) may be
4performed before election day.
SB939-SA1,17t 5Section 17t. 7.525 of the statutes is created to read:
SB939-SA1,8,12 67.525 Early canvassing of absentee ballots. (1) Ordinance authorizing
7early canvassing; requirements.
(a) 1. The governing body of any municipality that
8uses automatic tabulating equipment to process absentee ballots may provide by
9ordinance that absentee ballots received by the municipal clerk may begin being
10canvassed on the day before the election. Unless the ordinance provides otherwise,
11the municipal clerk or municipal board of election commissioners may elect to begin
12canvassing ballots early under this section in any election.
SB939-SA1,8,1613 2. Prior to enacting an ordinance under subd. 1., the municipal clerk or
14municipal board of election commissioners shall notify the elections commission in
15writing of the proposed enactment and shall consult with the elections commission
16concerning administration of this section.
SB939-SA1,8,1917 (b) Ballots may be canvassed early under this section only between 7 a.m. and
188 p.m. on the day before the election and may not be tallied until after the polls close
19on election day.
SB939-SA1,8,2220 (c) Any member of the public has the same right of access to a place where
21absentee ballots are being canvassed early under this section that the individual
22would have under s. 7.41 to observe the proceedings at a polling place.
SB939-SA1,9,223 (d) When not in use, automatic tabulating equipment used for purposes of this
24section and the areas where the programmed media, memory devices, and ballots are

1housed shall be secured with tamper-evident security seals in a double-lock location
2such as a locked cabinet inside a locked office.
SB939-SA1,9,63 (e) No person may act in any manner that would give him or her the ability to
4know or to provide information on the accumulating or final results from the ballots
5canvassed early under this section before the close of the polls on election day. A
6person who violates this paragraph is guilty of a Class I felony.
SB939-SA1,9,8 7(2) Notice requirements. Absentee ballots may not begin being canvassed
8early under this section for any election unless all of the following apply:
SB939-SA1,9,129 (a) At least 70 days before the election the municipal clerk or executive director
10of the municipal board of election commissioners notifies in writing the county clerk
11or executive director of the county board of election commissioners that early
12canvassing of absentee ballots will take place in the election.
SB939-SA1,9,1413 (b) The notice under s. 10.01 (2) (e) specifies the date and time during which,
14and each location where, the early canvassing of absentee ballots will be conducted.”.
SB939-SA1,9,15 157. Page 16, line 13: after that line insert:
SB939-SA1,9,18 16“(2) Early canvassing of absentee ballots. The treatment of ss. 5.84 (1), 5.86
17(1), 6.15 (4) (b), 6.86 (1) (b), 6.87 (6), 6.88 (1) and (3) (a), 6.91, 7.52 (1) (a) and (10), and
187.525 first applies to the August 9, 2022, primary election.”.
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