SB935: Bill Text

SB935,15 Section 15 . 7.30 (3) (a) of the statutes is amended to read:

SB935,13,23 7.30 (3) (a) Not less than 30 days before any election the governing body or board of election commissioners of any municipality, by resolution, may authorize the municipal clerk or executive director of the board of election commissioners to select and employ tabulators for any election. Such authorization applies to the elections specified in the resolution, and if not specified, applies until the authorization is modified or revoked. Each tabulator shall sign the official oath and return it to the municipal clerk before the election.

SB935,16 Section 16 . 7.30 (7) of the statutes is created to read:

SB935,13,25 7.30 (7) Prohibited employment. (a) In this subsection:

SB935,14,1 1. “Committee" has the meaning given in s. 11.0101 (6).

SB935,14,3 2. “Issue advocacy” means communication that provides information about political or social issues and is made to influence the outcome of an election.

SB935,14,5 3. “Issue advocacy group” means any organization whose sole or primary purpose is to engage in issue advocacy.

SB935,14,7 (b) No person who is an employee of any of the following may be appointed as an election official:

SB935,14,8 1. A committee.

SB935,14,10 2. A political organization required to register with the federal elections commission.

SB935,14,11 3. An issue advocacy group.

SB935,17 Section 17 . 7.315 (1) (a) of the statutes is amended to read:

SB935,14,16 7.315 (1) (a) The commission shall, by rule, prescribe the contents of the training that municipal clerks must provide to inspectors, other than chief inspectors, and to special voting deputies appointed under s. 6.875 (4), and to personal care voting assistants appointed under s. 6.875 (8).

SB935,18 Section 18 . 7.51 (1) of the statutes is renumbered 7.51 (1) (a) and amended to read:

SB935,15,10 7.51 (1) (a) Canvass procedure. Immediately after the polls close the inspectors except any inspector appointed under s. 7.30 (1) (b) shall proceed to canvass publicly all votes received at the polling place. In any municipality where an electronic voting system is used, the municipal governing body or board of election commissioners may provide or authorize the municipal clerk or executive director of the board of election commissioners to provide for the adjournment of the canvass to one or more central counting locations for specified polling places in the manner prescribed in subch. III of ch. 5. No central counting location may be used to count votes at a polling place where an electronic voting system is not employed. The Except as provided in par. (b), the canvass, whether conducted at the polling place or at a central counting location, shall continue without adjournment until the canvass of all ballots cast and received on or before election day is completed and the return statement is made or, in municipalities where absentee ballots are canvassed under s. 7.52, until the canvass of all absentee ballots cast and received on or before election day is completed and the return statement for those ballots is made. The inspectors shall not permit access to the name of any elector who has obtained a confidential listing under s. 6.47 (2) during the canvass, except as authorized in s. 6.47 (8).

SB935,19 Section 19 . 7.51 (1) (b) of the statutes is created to read:

SB935,15,17 7.51 (1) (b) The municipal board of canvassers may recess the canvass under par. (a) as the result of a natural disaster, if an inspector is ill or otherwise incapacitated, or if the physical condition of the canvass location is unsuitable for continuing the canvass. The board shall reconvene as soon as possible to complete the canvass of all ballots cast and received on or before election day and make the return statement.

SB935,20 Section 20 . 7.53 (2) (cm) of the statutes is amended to read:

SB935,16,3 7.53 (2) (cm) If one or more temporary vacancies on the municipal board of canvassers reduces the number of members to less than 3, the municipal clerk shall appoint a member to fill each vacancy, except in cities of more than 500,000 population. In cities of more than 500,000 population, the executive director of the board of election commissioners shall serve as a member of the board of canvassers to fill a temporary vacancy on that board. If the municipal board of canvassers recesses as provided under s. 7.51 (1) (b) because an inspector is ill or otherwise incapacitated, the municipal clerk or the executive director of the board of election commissioners shall immediately appoint an individual to temporarily serve as a member of the municipal board of canvassers.

SB935,21 Section 21 . 12.085 of the statutes is created to read:

SB935,16,6 12.085 Private resources for election administration. (1) Definitions. In this section:

SB935,16,8 (a) “Election administration” means preparing for, facilitating, conducting, or administering an election.

SB935,16,11 (b) “Private resources” means moneys, equipment, materials, or personnel provided by any individual or nongovernmental entity, but does not include employees receiving paid leave to act as tabulators or election officials.

SB935,16,14 (c) “State agency” means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law.

SB935,16,18 (2) Ban on private resources for election administration. (a) No official or agent of a state agency, county, or municipality may apply for or accept any donation or grant of private resources for purposes of election administration, except as expressly authorized under chs. 5 to 12.

SB935,16,20 (b) No official or agent of a state agency, county, or municipality may enter into a contract related to election administration that includes any of the following:

SB935,16,21 1. Any requirement governing election administration.

SB935,16,23 2. The transfer of any duty or power related to election administration to a person not having that duty or power under the laws of this state.

SB935,17,3 (c) No individual other than an election official or a vendor of an electronic voting system that is approved under s. 5.91 may perform any task in election administration.

SB935,22 Section 22 . 12.13 (2) (b) 9. of the statutes is created to read:

SB935,17,7 12.13 (2) (b) 9. Intentionally assist or cause the casting or counting of a vote or the receipt of a registration that is invalid for any reason in addition to those specified in subd. 3.

SB935,23 Section 23 . 12.13 (2) (b) 10. of the statutes is created to read:

SB935,17,10 12.13 (2) (b) 10. Intentionally assist or cause the rejection of or failure to otherwise count a valid vote or the rejection of a valid registration.

SB935,24 Section 24 . 12.13 (2) (b) 11. of the statutes is created to read:

SB935,17,14 12.13 (2) (b) 11. Intentionally fail to promptly report a violation under this subsection to the commission and to the district attorney for the county in which the violation occurred.

SB935,25 Section 25 . 12.13 (3) (zp) of the statutes is created to read:

SB935,17,19 12.13 (3) (zp) Assist in counting or tabulating votes at an election unless the person is a resident of this state, an election official who is trained to the extent provided by law, and has signed the official oath and returned it to the municipal clerk with respect to that election.

SB935,26 Section 26 . 12.13 (3m) of the statutes is created to read:

SB935,18,2 12.13 (3m) Absentee voting in certain residential care facilities and retirement homes. (a) No employee of a qualified retirement home, as defined in s. 6.875 (1) (at), or residential care facility, as defined in s. 6.875 (1) (bm), may coerce an occupant of the home or facility to apply for or not apply for an absentee ballot or to cast or refrain from casting a ballot or coerce an occupant to cast a ballot for or against a particular candidate or ballot question.

SB935,18,5 (b) No employee of a qualified retirement home, as defined in s. 6.875 (1) (at), or residential care facility, as defined in s. 6.875 (1) (bm), may coerce an occupant of the home or facility to register or not to register to vote.

SB935,27 Section 27 . 12.60 (1) (a) of the statutes is amended to read:

SB935,18,9 12.60 (1) (a) Whoever violates s. 12.085, 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or, 9., 10., or 11., or (3) (a), (e), (f), (j), (k), (L), (m), (y) or, (z), or (zp), or (3m) is guilty of a Class I felony.

SB935,18,10 (End)