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LRB-0344/1
JK:amn&ahe
2019 - 2020 LEGISLATURE
May 10, 2019 - Introduced by Representatives Brandtjen, L. Myers, Allen,
Brooks, Considine, Dittrich, Duchow, Edming, Fields, Horlacher, Hutton,
Knodl, Krug, Kuglitsch, Kulp, Macco, Pronschinske, Quinn, Ramthun,
Riemer, Sinicki, Skowronski, Tittl, Wichgers and Ohnstad, cosponsored by
Senators Craig, L. Taylor, Carpenter, Jacque, Johnson, Kapenga,
Kooyenga, Larson, Nass, Stroebel, Wanggaard and Wirch. Referred to
Committee on Campaigns and Elections.
AB203,1,6 1An Act to repeal 6.15 (6) and 6.21; to renumber and amend 5.84 (1); to amend
25.85 (2) (a), 6.84 (2), 6.86 (1) (ar), 6.88 (3) (b), 6.92 (1), 6.925, 6.94, 6.95, 7.50 (2)
3(em) and 7.52 (3) (b); and to create 5.84 (1) (b), 6.91 and subchapter VI of
4chapter 6 [precedes 6.981] of the statutes; relating to: using an electronic
5voting machine to cast a vote with an in-person absentee ballot and providing
6a penalty.
Analysis by the Legislative Reference Bureau
This bill authorizes a municipality to allow its electors to vote before election
day by using an electronic voting machine to cast an in-person absentee ballot (the
efficiency option). If a municipality adopts a resolution to implement this option, and
the Elections Commission certifies that the municipality is capable of
implementation, an elector may vote before election day at the municipal clerk's
office by completing his or her ballot and casting the ballot using an electronic voting
system. Using the efficiency option may occur simultaneously or in conjunction with
making an application in person using absentee ballot envelopes, but the periods for
voting using the efficiency option and for making an application in person by using
absentee ballot envelopes need not be the same. The votes are not tabulated before
election day, but the municipal clerk publishes the daily tally of the total number of
ballots cast before election day on the municipality's Internet site. The bill requires
the municipality to publish a notice specifying the locations, dates, and hours for

voting using the efficiency option and the location where results will be tallied on
election night. Under the bill, a person who acts in any manner that would give him
or her the ability to know or to provide information on the accumulating or final
results from the ballots cast using the efficiency option is guilty of a Class I felony.
The current law that applies to voting on election day with regard to election
observers, assisting electors, the availability of accessible systems, and the privilege
of absentee voting also applies to voting as provided under the bill.
Under current law, an election inspector may challenge for cause any person
offering to vote whom the inspector knows or suspects is not a qualified elector.
Another elector may also make such a challenge for cause. When a voter's
qualifications are challenged, the inspector must administer an oath to the
challenged elector to affirm that he or she will fully and truly answer the inspector's
questions regarding the person's residence and qualifications. The bill allows the
chief clerk, the deputy clerk, or an inspector to challenge for cause any person
offering to vote and to administer the oath and ask the relevant questions regarding
the person's residence and qualifications.
The bill also repeals the current law provision regarding the treatment of
absentee ballots cast by a person who dies before election day.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB203,1 1Section 1 . 5.84 (1) of the statutes is renumbered 5.84 (1) (a) and amended to
2read:
AB203,3,113 5.84 (1) (a) Where Except as provided in par. (b), where any municipality
4employs an electronic voting system which utilizes automatic tabulating equipment,
5either at the polling place or at a central counting location, the municipal clerk shall,
6on any day not more than 10 days prior to the election day on which the equipment
7is to be utilized, have the equipment tested to ascertain that it will correctly count
8the votes cast for all offices and on all measures. Public notice of the time and place
9of the test shall be given by the clerk at least 48 hours prior to the test by publication
10of a class 1 notice under ch. 985 in one or more newspapers published within the

1municipality if a newspaper is published therein, otherwise in a newspaper of
2general circulation therein. The test shall be open to the public. The test shall be
3conducted by processing a preaudited group of ballots so marked as to record a
4predetermined number of valid votes for each candidate and on each referendum.
5The test shall include for each office one or more ballots which have votes in excess
6of the number allowed by law and, for a partisan primary election, one or more ballots
7which have votes cast for candidates of more than one recognized political party, in
8order to test the ability of the automatic tabulating equipment to reject such votes.
9If any error is detected, the municipal clerk shall ascertain the cause and correct the
10error. The clerk shall make an errorless count before the automatic tabulating
11equipment is approved by the clerk for use in the election.
AB203,2 12Section 2 . 5.84 (1) (b) of the statutes is created to read:
AB203,3,1713 5.84 (1) (b) For a municipality that authorizes the absentee voting efficiency
14option under subch. VI of ch. 6, the municipal clerk shall have the automatic
15tabulating equipment tested, as provided under par. (a), on any day not more than
1610 days prior to the first day on which such voting is available in the municipality
17pursuant to s. 6.981.
AB203,3 18Section 3 . 5.85 (2) (a) of the statutes is amended to read:
AB203,4,519 5.85 (2) (a) The Except when using a report function capable of reporting
20write-in votes by scanning the ballots and electronically capturing the write-in
21votes, the
election officials shall examine the ballots or record of votes cast for
22write-in votes and shall count and tabulate the write-in votes. The election officials
23shall count write-in votes as provided in s. 7.50 (2) (d). When an electronic voting
24system is used in which ballots are distributed to electors, before separating the
25remaining ballots from their respective covering envelopes, the election officials

1shall examine the ballots for write-in votes. When an elector has cast a write-in
2vote, the election officials shall compare the write-in vote with the votes on the ballot
3to determine whether the write-in vote results in an overvote for any office. In case
4of an overvote for any office, the election officials shall follow the procedure in par.
5(b).
AB203,4 6Section 4. 6.15 (6) of the statutes is repealed.
AB203,5 7Section 5 . 6.21 of the statutes is repealed.
AB203,6 8Section 6. 6.84 (2) of the statutes is amended to read:
AB203,4,149 6.84 (2) Interpretation. Notwithstanding s. 5.01 (1), with respect to matters
10relating to the absentee ballot process, ss. 6.86, 6.87 (3) to (7) and 9.01 (1) (b) 2. and
114. and subch. VI shall be construed as mandatory. Ballots cast in contravention of
12the procedures specified in those provisions may not be counted. Ballots counted in
13contravention of the procedures specified in those provisions may not be included in
14the certified result of any election.
AB203,7 15Section 7 . 6.86 (1) (ar) of the statutes is amended to read:
AB203,5,216 6.86 (1) (ar) Except as authorized in s. 6.875 (6), the municipal clerk shall not
17issue an absentee ballot unless the clerk receives a written application therefor from
18a qualified elector of the municipality. The clerk shall retain each absentee ballot
19application until destruction is authorized under s. 7.23 (1). Except as authorized
20in s. 6.79 (6) and (7), if a qualified elector applies for an absentee ballot in person at
21the clerk's office, the clerk shall not issue the elector an absentee ballot unless the
22elector states aloud his or her name and address and presents proof of identification.
23The clerk shall verify that the name on the proof of identification presented by the
24elector conforms to the name on the elector's application and shall verify that any
25photograph appearing on that document reasonably resembles the elector. The clerk

1shall then enter his or her initials on the certificate envelope indicating that the
2absentee elector presented proof of identification to the clerk.
AB203,8 3Section 8. 6.88 (3) (b) of the statutes is amended to read:
AB203,5,194 6.88 (3) (b) When the inspectors find that a certification is insufficient, that the
5applicant is not a qualified elector in the ward or election district, that the ballot
6envelope is open or has been opened and resealed, that the ballot envelope contains
7more than one ballot of any one kind or, except in municipalities where absentee
8ballots are canvassed under s. 7.52, that the certificate of a military or overseas
9elector who received an absentee ballot by facsimile transmission or electronic mail
10is missing, or if proof is submitted to the inspectors that an elector voting an absentee
11ballot has since died,
the inspectors shall not count the ballot. The inspectors shall
12endorse every ballot not counted on the back, “rejected (giving the reason)". The
13inspectors shall reinsert each rejected ballot into the certificate envelope in which
14it was delivered and enclose the certificate envelopes and ballots, and securely seal
15the ballots and envelopes in an envelope marked for rejected absentee ballots. The
16inspectors shall endorse the envelope, “rejected ballots" with a statement of the ward
17or election district and date of the election, signed by the chief inspector and one of
18the inspectors representing each of the 2 major political parties and returned to the
19municipal clerk in the same manner as official ballots voted at the election.
AB203,9 20Section 9 . 6.91 of the statutes is created to read:
AB203,6,2 216.91 Place for challenging an elector. The vote of any voter, including an
22absent voter, may be challenged as provided under this subchapter at the polling
23place, at the municipal clerk's office, at an in-person absentee voting location during
24the period for making an in-person application for an absentee ballot under s. 6.86

1(1) (b), at the municipal clerk's office during the period for using the voting procedure
2under s. 6.981, or at a central count location.
AB203,10 3Section 10 . 6.92 (1) of the statutes is amended to read:
AB203,6,134 6.92 (1) Except as provided in sub. (2), each the clerk or deputy clerk or an
5inspector shall challenge for cause any person offering to vote whom the clerk, deputy
6clerk, or
inspector knows or suspects is not a qualified elector or who does not adhere
7to any voting requirement under this chapter. If a person is challenged as
8unqualified by the clerk or deputy clerk or an inspector, one of the inspectors the clerk
9or deputy clerk or an inspector
shall administer the following oath or affirmation to
10the person: “You do solemnly swear (or affirm) that you will fully and truly answer
11all questions put to you regarding your place of residence and qualifications as an
12elector of this election"; and shall then ask questions which are appropriate as
13determined by the commission, by rule, to test the person's qualifications.
AB203,11 14Section 11 . 6.925 of the statutes is amended to read:
AB203,7,2 156.925 Elector making challenge in person. Any elector may challenge for
16cause any person offering to vote whom the elector knows or suspects is not a
17qualified elector. If a person is challenged as unqualified by an elector, one of the
18inspectors
the clerk or deputy clerk or an inspector may administer the oath or
19affirmation to the challenged elector under s. 6.92 and ask the challenged elector the
20questions under that section which are appropriate to test the elector's
21qualifications. In addition, one of the inspectors the clerk or deputy clerk or an
22inspector
shall administer the following oath or affirmation to the challenging
23elector: “You do solemnly swear (or affirm) that you will fully and truly answer all
24questions put to you regarding the challenged person's place of residence and
25qualifications as an elector of this election"; and shall then ask questions which are

1appropriate as determined by the commission, by rule, to test the qualifications of
2the challenged elector.
AB203,12 3Section 12 . 6.94 of the statutes is amended to read:
AB203,7,20 46.94 Challenged elector oath. If the person challenged refuses to answer
5fully any relevant questions put to him or her by the clerk, deputy clerk, or inspector
6under s. 6.92, the clerk, deputy clerk, or inspectors shall reject the elector's vote. If
7the challenge is not withdrawn after the person offering to vote has answered the
8questions, one of the inspectors the clerk or deputy clerk or an inspector shall
9administer to the person the following oath or affirmation: “You do solemnly swear
10(or affirm) that: you are 18 years of age; you are a citizen of the United States; you
11are now and for 28 consecutive days have been a resident of this ward except under
12s. 6.02 (2); you have not voted at this election; you have not made any bet or wager
13or become directly or indirectly interested in any bet or wager depending upon the
14result of this election; you are not on any other ground disqualified to vote at this
15election". If the person challenged refuses to take the oath or affirmation, the
16person's vote shall be rejected. If the person challenged answers fully all relevant
17questions put to the elector by the clerk, deputy clerk, or inspector under s. 6.92,
18takes the oath or affirmation, and fulfills the applicable registration requirements,
19and if the answers to the questions given by the person indicate that the person meets
20the voting qualification requirements, the person's vote shall be received.
AB203,13 21Section 13 . 6.95 of the statutes is amended to read:
AB203,8,17 226.95 Voting procedure for challenged electors. Whenever the clerk,
23deputy clerk, or
inspectors under ss. 6.92 to 6.94 receive the vote of a person offering
24to vote who has been challenged, the clerk, deputy clerk, or inspectors shall, before
25giving the elector a ballot, write on the back of the ballot the serial number of the

1challenged person corresponding to the number kept at the election on the poll list,
2or other list maintained under s. 6.79, and the notation “s. 6.95". If voting machines
3are used in the municipality where the person is voting, the person's vote may be
4received only upon an absentee ballot furnished by the municipal clerk which shall
5have the corresponding serial number from the poll list or other list maintained
6under s. 6.79 and the notation “s. 6.95" written on the back of the ballot by the clerk,
7deputy clerk, or
inspectors before the ballot is given to the elector. The clerk, deputy
8clerk, or
inspectors shall indicate on the list the reason for the challenge. The clerk,
9deputy clerk, or
inspectors shall then deposit the ballot. The challenged ballots shall
10be counted under s. 5.85 or 7.51. The municipal board of canvassers may decide any
11challenge when making its canvass under s. 7.53. If the returns are reported under
12s. 7.60, a challenge may be reviewed by the county board of canvassers. If the returns
13are reported under s. 7.70, a challenge may be reviewed by the chairperson of the
14commission or the chairperson's designee. The decision of any board of canvassers
15or of the chairperson or chairperson's designee may be appealed under s. 9.01. The
16standard for disqualification specified in s. 6.325 shall be used to determine the
17validity of challenged ballots.
AB203,14 18Section 14 . Subchapter VI of chapter 6 [precedes 6.981] of the statutes is
19created to read:
AB203,8,2020 chapter 6
AB203,8,2121 subchapter VI
AB203,8,2322 absentee voting
23 efficiency option
AB203,9,14 246.981 Efficiency option. (1) (a) The municipal clerk shall complete the
25application as provided under s. 6.87 (1) and allow an elector to cast a ballot prior to

1election day by casting a ballot into an electronic voting system as provided under
2s. 6.80 at the municipal clerk's office, if the governing body of the municipality has
3adopted a resolution to allow such voting and the commission has certified the
4municipality under s. 6.982 (8) (a) to conduct such voting. An elector may vote under
5this subchapter during the time prescribed for an application made in person
6pursuant to s. 6.86 (1) (b), but only after the municipality has completed a successful
7public test of the programmed media necessary to vote under this subchapter and the
8test occurs no more than 10 days prior to the use of the media for voting under this
9subchapter. A municipality shall specify the locations, dates, and hours for voting
10and the location where results will be tallied on election night in the notice under s.
1110.01 (2) (e). The municipal clerk, or his or her designee, shall send the notice to the
122 major political parties, as defined in s. 13.46 (5), at the state level and, if applicable,
13at the county and local levels, on the same date as the notice is posted for the general
14public.
AB203,9,1815 (b) After the governing body of the municipality has adopted a resolution to
16allow the voting procedure under par. (a), the municipality shall use that procedure
17for all elections specified in the resolution. The municipal clerk or deputy municipal
18clerk shall supervise the voting procedure under par. (a).
AB203,9,2419 (c) This subchapter does not preclude the clerk from using absentee envelopes
20when the clerk or the elector determines that such use is necessary. Voting as
21provided under this subchapter may occur simultaneously or in conjunction with
22making an application in person using absentee envelopes, but the periods for voting
23as provided under this subchapter and for making an application in person using
24absentee envelopes need not be the same.
AB203,10,4
16.982 Administration. (1) (a) Votes cast under s. 6.981 may not be tabulated
2until the closing of the polls on election day, but the municipal clerk shall publish on
3the municipality's Internet site a daily tally of the total number of ballots cast under
4s. 6.981 in the municipality.
AB203,10,85 (b) No person may act in any manner that would give him or her the ability to
6know or to provide information on the accumulating or final results from the ballots
7cast under s. 6.981 before the close of the polls on election day. A person who violates
8this paragraph is guilty of a Class I felony.
AB203,10,119 (c) An elector who casts a ballot under s. 6.981 that is accepted by automatic
10tabulating equipment may not request that the ballot be returned to him or her as
11defective in order to cast a new ballot, as provided under s. 6.80 (2) (c).
AB203,10,2412 (d) The clerk or deputy clerk shall reconcile the ballots cast each day to ensure
13that the number of ballots cast equals the number issued. The reconciliation may
14include performing checks that do not involve examining the ballots cast, including
15checking data entry and verifying mathematical computations. If the clerk or deputy
16clerk is unable to reconcile the ballots, the incident log shall include the date and any
17other information necessary to clearly identify the reconciliation issue. The
18municipality shall post the daily reconciliation incident report on the municipality's
19Internet site at the close of each day during the period for voting under this
20subchapter. If the clerk or deputy clerk is unable to reconcile the ballots, the clerk
21or deputy clerk shall deliver all ballot bags of unreconciled ballots, along with the
22daily reconciliation incident reports, to the appropriate board of canvassers as
23provided under s. 7.53 and the board of canvassers shall complete the reconciliation
24using the methods provided under s. 7.51.
AB203,11,19
1(2) At all times when the process for voting under this subchapter is in use the
2municipality shall have at least 2 individuals present, not including a candidate on
3the ballot and not including an elector who is present only to vote. The tabulation
4equipment shall be in a location that is visible to the clerk or the clerk's designee and
5to at least one other person. Automatic tabulating equipment used for purposes of
6this subchapter shall be secured with a tamper-evident security seal and the clerk
7or the clerk's designee, in the presence of at least one witness, shall check the seals
8for tampering at the beginning and ending of each day designated for voting under
9s. 6.981. The areas where the programmed media and the ballots cast are housed
10shall be secured with tamper-evident security seals. At least 2 persons shall be
11present for any administrative process that requires access to a sealed area and the
12breaking of a tamper-evident security seal, including clearing a jammed ballot or
13emptying a full ballot bin. The clerk or clerk's designee shall daily document all
14checks and record any such activity and reason in which a seal is broken and replaced
15under this subsection. The clerk or clerk's designee shall obtain the signature of any
16witness who was present when any such activity is performed. When not in use the
17tabulation equipment and the cast ballots sealed inside tamper-evident security
18seal ballot bags shall be secured in a double-lock location such as a locked cabinet
19inside a locked office.
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