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LRBs0166/1
MPG&JK:skw
2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 567
November 7, 2023 - Offered by Committee on Campaigns and Elections.
AB567-ASA2,1,8 1An Act to repeal 5.85 (5), 5.86 and 7.03 (1) (c); to renumber and amend 7.52
2(1) (a); to amend 5.05 (12), 5.84 (1), 5.84 (2), 5.85 (1), 5.87 (1), 5.91 (17), 6.15
3(4) (a), 6.15 (4) (b), 6.33 (1), 6.86 (1) (b), 6.87 (6), 6.88 (1), 6.88 (2), 7.37 (12), 7.51
4(1), 7.52 (2), 7.52 (3) (a), 7.52 (4) (a), 7.52 (9), 12.60 (1) (a) and 54.25 (2) (c) 1. g.;
5and to create 5.057, 6.88 (4), 7.15 (16), 7.52 (1) (d) to (h), 7.52 (10) and 7.52 (11)
6of the statutes; relating to: canvassing absentee ballots, use of central
7counting locations, election night reporting, court determinations of
8incompetency and ineligibility to vote, and providing a penalty.
Analysis by the Legislative Reference Bureau
Early canvassing of absentee ballots
Under current law, absentee ballots may not be canvassed until election day.
Current law additionally provides that any municipality may provide by ordinance
that, in lieu of canvassing absentee ballots at polling places, a municipal board of
absentee ballot canvassers established by the municipality is responsible for
canvassing all absentee ballots received by the municipal clerk by 8 p.m. on election

day. In such a municipality, the board of absentee ballot canvassers is required to
convene a meeting any time after the polls open and before 10 p.m. on election day
to canvass the absentee ballots cast in the municipality in the election. Among the
requirements governing such a meeting, any member of the public has the same right
of access to the meeting that the individual would have to observe the canvassing of
absentee ballots at a polling place.
This bill does all of the following:
1. Requires the municipal board of absentee ballot canvassers in a municipality
having an ordinance described above to begin canvassing absentee ballots on the day
before an election. Canvassing absentee ballots on the day before the election is
optional except for each spring and general election and each special election or recall
election if the special or recall election is for a state or national office.
2. Provides that the board of absentee ballot canvassers must publicly convene
no earlier than 7 a.m. on the day before the election to begin the canvass of absentee
ballots for the municipality and recess at 8 p.m. on that day.
3. Requires that at 8 p.m. on the day before the election, and at 7 a.m., noon,
and 8 p.m. on election day, the municipal clerk or his or her designee or the municipal
board of election commissioners must provide to the county clerk or county board of
election commissioners of the county in which the municipality is located a statement
that shows the total number of absentee ballots returned to the municipality and the
total number of absentee ballots the municipal board of absentee ballot canvassers
has canvassed. The county clerk or county board of election commissioners must
promptly post each statement on the website on which returns for the county are
posted on election night. In a municipality having a municipal board of election
commissioners (currently, only the city of Milwaukee), the municipal board of
election commissioners must also post the statement on the website maintained by
the municipal board of election commissioners. The statement may not include the
names or addresses of any electors. An absentee ballot is considered canvassed for
purposes of this reporting requirement only after all tasks have been completed in
the canvassing process except for the tallying of votes.
4. Requires that when the meeting of the board of absentee ballot canvassers
recesses on the day before the election, the board must secure the automatic
tabulating equipment, and the areas where the programmed media, memory
devices, and absentee ballots are housed, with tamper-evident security seals in a
double-lock location such as a locked cabinet inside a locked office. Before resuming
the canvassing of absentee ballots, the board must check and record the status of
each tamper-evident seal and must immediately notify the Elections Commission
of any evidence of tampering. If the board discovers evidence of tampering with
respect to automatic tabulating equipment, the canvass may not resume until the
equipment is replaced and the replacement equipment is tested. Also, if the board
discovers evidence of tampering, the Elections Commission must verify the accuracy
of the absentee ballot count by ordering the municipality to conduct a recount after
the election and conducting an audit of the election equipment.
5. Provides that votes on absentee ballots canvassed early under the bill may
not be tallied until after the polls close on election day.

6. Provides that no person may act in a manner that would give him or her the
ability to know or to provide information on the tallied results from the ballots
canvassed under the bill before the polls close on election day. Whoever intentionally
violates that prohibition is guilty of a Class I felony, the penalty for which is a fine
not to exceed $10,000 or imprisonment not to exceed three years and six months, or
both.
7. Authorizes municipalities not having a board of absentee ballot canvassers
to begin processing absentee ballots beginning no earlier than 7 a.m. on the day
before the election subject to some of the requirements described above. In order to
canvass absentee ballots early, such a municipality must provide by ordinance that
absentee ballots received by the municipal clerk may be canvassed on the day before
the election. Prior to enacting the ordinance, the municipal clerk must notify the
Elections Commission in writing of the proposed ordinance and must consult with
the Elections Commission concerning the early canvassing of absentee ballots.
Finally, under current law, criminal penalties are provided for election officials
who commit certain specified kinds of election fraud. Otherwise, the willful neglect
or refusal of an election official to perform a duty prescribed under the election laws
is punishable by disqualification to act as an election official for five years. Under
the bill, a member of the municipal board of absentee ballot canvassers or other
election official who willfully neglects or refuses to perform any of the duties
prescribed under the bill, and other duties prescribed under current law, with respect
to the canvassing of absentee ballots by a municipal board of absentee ballot
canvassers is guilty of a Class I felony.
Use of central counting locations
Under current law, votes are canvassed at the polling place after polls close on
election day, except that any municipality where an electronic voting system is used
may elect to adjourn the canvass to a central counting location where votes cast at
multiple polling places in the municipality may all be counted after the polls close
on election day. The bill eliminates the option for municipalities to use such central
counting locations.
Election night reporting
Under the bill, at 10 p.m. on election night, and every hour thereafter until the
canvass is complete, each municipal clerk or his or her designee must provide to the
county clerk of the county in which the municipality is located a statement that
shows the total number of ballots, including absentee ballots, cast at the
municipality in the election, the total number of ballots, including absentee ballots,
that have been canvassed, and the total number of ballots, including absentee
ballots, that remain to be canvassed. The county clerk must promptly post each
statement on the website on which the county clerk posts returns on election night.
In a municipality having a municipal board of election commissioners (currently,
only the city of Milwaukee), the municipal board of election commissioners must also
post the statement on the website maintained by the municipal board of election
commissioners. The statement may not include the names or addresses of any
electors.

Court determinations of incompetency and ineligibility to vote
Under current law, no person who is incapable of understanding the objective
of the elective process or who is under a guardianship may vote unless a court has
determined that the person is competent to vote. Current law also allows any voter
in a municipality to petition a circuit court to determine whether a person residing
in the municipality is incapable of understanding the objective of the elective
process. If the court determines that the person is incapable of such understanding,
the person is not eligible to register to vote or to vote. Current law requires the clerk
of the circuit court to communicate the court's determinations, in writing, to the
election officials who are responsible for determining challenges to registration and
voting that may be brought against the person.
This bill requires the circuit court to notify the Elections Commission, by email,
of the court's determination regarding incompetency and ineligibility to register to
vote or to vote. Under the bill, when the commission receives a determination of
incompetency and ineligibility to register to vote or to vote, the commission must,
within three business days, change the status of the voter subject to the
determination to inactive on the official voter registration list, note on the list that
the voter is ineligible to register to vote or to vote, and notify the voter and the voter's
municipal clerk of the voter's change in status. The bill also provides that if a court
reviews a determination of incompetency and ineligibility to vote and restores the
voter's right to vote, upon receipt of that determination by email, the commission
must, within three business days, notify the voter that the voter is eligible to vote and
that the voter is required to complete a new registration to vote if the voter intends
to vote. Under the bill, the clerk must examine the registration list before issuing
a ballot to any voter.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB567-ASA2,1 1Section 1 . 5.05 (12) of the statutes is amended to read:
AB567-ASA2,4,72 5.05 (12) Voter education. The commission may conduct or prescribe
3requirements for educational programs to inform electors about voting procedures,
4voting rights, and voting technology. The commission shall conduct an educational
5program for the purpose of educating electors who cast paper ballots, ballots that are
6counted at a central counting location, and absentee ballots
of the effect of casting
7excess votes for a single office.
AB567-ASA2,2 8Section 2 . 5.057 of the statutes is created to read:
AB567-ASA2,5,15
15.057 Determination of ineligibility to vote due to incompetency. (1)
2 Upon receipt of a determination of ineligibility to register to vote or to vote under
3s. 54.25 (2) (c) 1. g., the commission shall, no later than 3 business days after receiving
4the determination, change the status of the elector subject to the determination to
5inactive on the official registration list under s. 6.36, note on the list that the elector
6is ineligible to register to vote or to vote in accordance with s. 6.03 (3), and notify the
7elector and the elector's municipal clerk of the elector's change in status. If the
8commission does not have a record of the elector upon receipt of a determination of
9ineligibility, the commission shall create a record listing the elector as ineligible to
10vote in accordance with s. 6.03 (3) and provide a copy of that record to the elector's
11municipal clerk. Upon receipt of a registration to vote, the municipal clerk shall
12examine the registration list to determine whether the elector is ineligible to register
13to vote or to vote in accordance with s. 6.03 (3) and shall notify the elector if the clerk
14determines that the elector is ineligible. The clerk shall examine the registration list
15before issuing a ballot to any elector.
AB567-ASA2,5,23 16(2) If under s. 54.64 (2) (a) a court subsequently reviews a determination of
17ineligibility to vote under s. 54.25 (2) (c) 1. g. and restores an elector's right to vote,
18as provided under s. 54.64 (2) (c), upon receipt of the reviewing court's determination,
19the commission shall, no later than 3 business days after receiving the
20determination, notify the elector that the elector is eligible to vote, but that the
21elector is required to complete a new voter registration if the elector intends to vote.
22The commission shall submit with the notice a registration form for the elector to
23complete and return to the municipal clerk, if the elector intends to vote.
AB567-ASA2,3 24Section 3 . 5.84 (1) of the statutes is amended to read:
AB567-ASA2,6,20
15.84 (1) Where any municipality employs an electronic voting system which
2that utilizes automatic tabulating equipment, either at the polling place or at a
3central counting location,
the municipal clerk shall, on any day not more than 10
4days prior to the election day on which the equipment is to be utilized in an election,
5have the equipment tested to ascertain that it will correctly count the votes cast for
6all offices and on all measures. Public notice of the time and place of the test shall
7be given by the clerk at least 48 hours prior to the test by posting notice on the
8municipality's website if it has one and
by publication of a class 1 notice under ch.
9985 in one or more newspapers published within the municipality if a newspaper is
10published therein, otherwise in a newspaper of general circulation therein. The test
11shall be open to the public. The test shall be conducted by processing a preaudited
12group of ballots so marked as to record a predetermined number of valid votes for
13each candidate and on each referendum. The test shall include for each office one
14or more ballots which have votes in excess of the number allowed by law and, for a
15partisan primary election, one or more ballots which have votes cast for candidates
16of more than one recognized political party, in order to test the ability of the
17automatic tabulating equipment to reject such votes. If any error is detected, the
18municipal clerk shall ascertain the cause and correct the error. The clerk shall make
19an errorless count before the automatic tabulating equipment is approved by the
20clerk for use in the election.
AB567-ASA2,4 21Section 4 . 5.84 (2) of the statutes is amended to read:
AB567-ASA2,7,322 5.84 (2) Before beginning the ballot count at each polling place or at the central
23counting location
or at a meeting convened under s. 6.88 (4) or 7.52 (1), the election
24officials shall witness a test of the automatic tabulating equipment by engaging the
25printing mechanism and securing a printed result showing a zero count for every

1candidate and referendum. After the completion of the count, the ballots and
2programs used shall be sealed and retained under the custody of the municipal clerk
3in a secure location.
AB567-ASA2,5 4Section 5 . 5.85 (1) of the statutes is amended to read:
AB567-ASA2,7,165 5.85 (1) At any polling place at which an electronic voting system is utilized,
6the following procedures for receiving, counting, tallying, and return of the ballots
7shall be used. Whenever paper ballots are utilized at a polling place in combination
8with ballots employed in an electronic voting system, the paper ballots shall be
9deposited in a separate ballot box or boxes, according to the types of ballots used. For
10the purpose of transporting the ballots or the record of the votes cast, the municipal
11clerk shall provide a secure container for each polling place. At each polling place,
12the applicable portions of the procedure prescribed for initiating the canvass under
13s. 7.51 (1) and (2) shall be performed, except that no count of the ballots, except
14write-in votes and paper ballots used for absentee voting and other purposes
15authorized by law, may be performed at a polling place if a central counting location
16is designated for the counting of ballots at that polling place by the municipality
.
AB567-ASA2,6 17Section 6 . 5.85 (5) of the statutes is repealed.
AB567-ASA2,7 18Section 7 . 5.86 of the statutes is repealed.
AB567-ASA2,8 19Section 8 . 5.87 (1) of the statutes is amended to read:
AB567-ASA2,8,320 5.87 (1) If a central counting location is not utilized, the The procedure for
21tabulating the votes by the automatic tabulating equipment shall be under the
22direction of the chief inspector and shall conform to the requirements of the
23automatic tabulating equipment. If any ballot is not accepted by the automatic
24tabulating equipment, the election officials shall make a duplicate ballot to replace
25that ballot in the manner prescribed in s. 5.85 (3). All proceedings at the polling place

1and at any central counting location shall be open to the public, but no person, except
2those employed and authorized for the purpose, may touch any ballot, container,
3envelope, return, or equipment.
AB567-ASA2,9 4Section 9 . 5.91 (17) of the statutes is amended to read:
AB567-ASA2,8,95 5.91 (17) Unless the ballot is counted at a central counting location, it It
6includes a mechanism for notifying an elector who attempts to cast an excess number
7of votes for a single office that his or her votes for that office will not be counted, and
8provides the elector with an opportunity to correct his or her ballot or to receive and
9cast a replacement ballot.
AB567-ASA2,10 10Section 10 . 6.15 (4) (a) of the statutes is amended to read:
AB567-ASA2,8,1511 6.15 (4) (a) Clerks holding new resident ballots shall deliver them to the
12election inspectors in the proper ward or election district where the new residents
13reside or, in municipalities where absentee ballots are canvassed under s. 7.52, to the
14municipal board of absentee ballot canvassers when it convenes at a meeting
15convened
under s. 7.52 (1), as provided by s. 6.88 for absentee ballots.
AB567-ASA2,11 16Section 11 . 6.15 (4) (b) of the statutes is amended to read:
AB567-ASA2,8,2217 6.15 (4) (b) During polling hours, or on the day before the election under s. 6.88
18(4),
the inspectors shall open each carrier envelope, announce the elector's name,
19check the affidavit for proper execution, and check the voting qualifications for the
20ward, if any. In municipalities where absentee ballots are canvassed under s. 7.52,
21the municipal board of absentee ballot canvassers shall perform this function at a
22meeting of the board of absentee ballot canvassers.
AB567-ASA2,12 23Section 12 . 6.33 (1) of the statutes is amended to read:
AB567-ASA2,9,2524 6.33 (1) The commission shall prescribe the format, size, and shape of
25registration forms. All nonelectronic forms shall be printed and each item of

1information shall be of uniform font size, as prescribed by the commission. Except
2as otherwise provided in this subsection, electronic forms shall contain the same
3information as nonelectronic forms. The municipal clerk shall supply sufficient
4forms to meet voter registration needs. The commission shall design the form to
5obtain from each elector information as to name; date; residence location; location of
6previous residence immediately before moving to current residence location;
7citizenship; date of birth; age; the number of a current and valid operator's license
8issued to the elector under ch. 343 or the last 4 digits of the elector's social security
9account number; whether the elector has resided within the ward or election district
10for the number of consecutive days specified in s. 6.02 (1); whether the elector has
11been convicted of a felony for which he or she has not been pardoned, and if so,
12whether the elector is incarcerated, or on parole, probation, or extended supervision;
13whether the elector is disqualified on any other ground from voting , including being
14adjudicated incompetent to exercise the right to register to vote or to vote in an
15election
; and whether the elector is currently registered to vote at any other location.
16The forms shall provide check boxes for the elector to indicate whether he or she is
17disqualified to vote and, if disqualified to vote, the grounds for which the elector is
18so disqualified.
The commission shall include on the nonelectronic form a space for
19the elector's signature and on the electronic form the authorization specified under
20s. 6.30 (5). Below the space for the signature or authorization, respectively, the
21commission shall include the following statement: “Falsification of information on
22this form is punishable under Wisconsin law as a Class I felony." The commission
23shall include on the form a space to enter the name of any inspector, municipal clerk,
24or deputy clerk under s. 6.55 (2) who obtains the form and a space for the inspector,
25clerk, or deputy clerk to sign his or her name, affirming that the inspector, clerk, or

1deputy clerk has accepted the form. The commission shall include on the form a
2space for entry of the ward and aldermanic district, if any, where the elector resides
3and any other information required to determine the offices and referenda for which
4the elector is certified to vote. The commission shall also include on the form a space
5where the clerk may record an indication of whether the form is received by mail or
6by electronic application, a space where the clerk shall record an indication of the
7type of identifying document submitted by the elector as proof of residence under s.
86.34 or an indication that the elector's information in lieu of proof of residence was
9verified under s. 6.34 (2m), the name of the entity or institution that issued the
10identifying document, and, if the identifying document includes a number that
11applies only to the individual holding that document, that number. The commission
12shall also include on the form a space where the clerk, for any elector who possesses
13a valid voting identification card issued to the person under s. 6.47 (3), may record
14the identification serial number appearing on the voting identification card. Each
15county clerk shall obtain sufficient registration forms for completion by an elector
16who desires to register to vote at the office of the county clerk under s. 6.28 (4).
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