AB43: Bill Text

AB43,,144 6.55 (2) (a) (form) “I, ...., hereby certify that, to the best of my knowledge, I am a qualified elector, having resided at .... for at least 28 10 consecutive days immediately preceding this election, and I have not voted at this election.”

AB43,28 Section 28. 6.85 (2) of the statutes is amended to read:

AB43,,146 6.85 (2) Any otherwise qualified elector who changes residence within this state by moving to a different ward or municipality later than 28 10 days prior to an election may vote an absentee ballot in the ward or municipality where he or she was qualified to vote before moving.

AB43,29 Section 29. 6.86 (1) (b) of the statutes is amended to read:

AB43,,148 6.86 (1) (b) Except as provided in this section, if application is made by mail, the application shall be received no later than 5 p.m. on the 5th day immediately preceding the election. If application is made in person, the application shall be made no earlier than 14 days preceding the election and no later than the Sunday preceding the election. No application may be received on a legal holiday. A municipality shall specify the hours in the notice under s. 10.01 (2) (e). The municipal clerk or an election official shall witness the certificate for any in-person absentee ballot cast. Except as provided in par. (c), if the elector is making written application for an absentee ballot at the partisan primary, the general election, the presidential preference primary, or a special election for national office, and the application indicates that the elector is a military elector, as defined in s. 6.34 (1), the application shall be received by the municipal clerk no later than 5 p.m. on election day. If the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk’s agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then witness the voting procedure as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place election inspectors of the proper ward or election district or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk as required in s. 6.88. If application is made under sub. (2) or (2m), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

AB43,30 Section 30. 6.86 (3) (c) of the statutes is amended to read:

AB43,,150 6.86 (3) (c) An application under par. (a) 1. may be made and a registration form under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier than 7 days before an election and not later than 5 p.m. on the day of the election. A list of hospitalized electors applying for ballots under par. (a) 1. shall be made by the municipal clerk and used to check that the electors vote only once, and by absentee ballot. If Except as provided in s. 6.34 (2m), if the elector is registering for the election after the close of registration or if the elector registered by mail and has not voted in an election in this state, the municipal clerk shall inform the agent that proof of residence under s. 6.34 is required and the elector shall enclose proof of residence under s. 6.34 in the envelope with the ballot. The clerk shall verify that the name on any required proof of identification presented by the agent conforms to the name on the elector’s application. The clerk shall then enter his or her initials on the carrier envelope indicating that the agent presented proof of identification to the clerk. The agent is not required to enter a signature on the registration list. The ballot shall be sealed by the elector and returned to the municipal clerk either by mail or by personal delivery of the agent; but if the ballot is returned on the day of the election, the agent shall make personal delivery to the polling place serving the hospitalized elector’s residence before the closing hour or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk no later than 8 p.m. on election day.

AB43,31 Section 31. 6.87 (2) (form) of the statutes is amended to read:

AB43,,152 6.87 (2) (form)

AB43,,153 [STATE OF ....

AB43,,154 County of ....]

AB43,,155 or

AB43,,156 [(name of foreign country and city or other jurisdictional unit)]

AB43,,157 I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of the .... aldermanic district in the city of ...., residing at ....* in said city, the county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at the election to be held on ....; that I am not voting at any other location in this election; that I am unable or unwilling to appear at the polling place in the (ward) (election district) on election day or have changed my residence within the state from one ward or election district to another later than 28 10 days before the election. I certify that I exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her) presence and in the presence of no other person marked the ballot and enclosed and sealed the same in this envelope in such a manner that no one but myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could know how I voted.

AB43,,158 Signed ....

AB43,,159 Identification serial number, if any: ....

AB43,,160 The witness shall execute the following:

AB43,,161 I, the undersigned witness, subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, certify that I am an adult U.S. citizen** and that the above statements are true and the voting procedure was executed as there stated. I am not a candidate for any office on the enclosed ballot (except in the case of an incumbent municipal clerk). I did not solicit or advise the elector to vote for or against any candidate or measure.

AB43,,162 ....(Printed name)

AB43,,163 ....(Address)***

AB43,,164 Signed ....

AB43,,165 * — An elector who provides an identification serial number issued under s. 6.47 (3), Wis. Stats., need not provide a street address.

AB43,,166 ** — An individual who serves as a witness for a military elector or an overseas elector voting absentee, regardless of whether the elector qualifies as a resident of Wisconsin under s. 6.10, Wis. Stats., need not be a U.S. citizen but must be 18 years of age or older.

AB43,,167 *** — If this form is executed before 2 special voting deputies under s. 6.875 (6), Wis. Stats., both deputies shall witness and sign.

AB43,32 Section 32. 6.87 (6) of the statutes is amended to read:

AB43,,169 6.87 (6) The ballot shall be returned so it is delivered to the polling place election inspectors of the proper ward or election district no later than 8 p.m. on election day. Except in municipalities where absentee ballots are canvassed under s. 7.52, if the municipal clerk receives an absentee ballot on election day, the clerk shall secure the ballot and cause the ballot to be delivered to the polling place serving the elector’s residence before 8 p.m. Any ballot not mailed or delivered as provided in this subsection may not be counted.

AB43,33 Section 33. 6.88 (1) of the statutes is amended to read:

AB43,,171 6.88 (1) When an absentee ballot arrives at the office of the municipal clerk, or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it, unopened, in a carrier envelope which shall be securely sealed and endorsed with the name and official title of the clerk, and the words “This envelope contains the ballot of an absent elector and must be opened in the same room where votes are being cast at the polls during polling hours on election day or, in municipalities where absentee ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of absentee ballot canvassers under s. 7.52, stats only as provided by law.” If the elector is a military elector, as defined in s. 6.34 (1), or an overseas elector, regardless of whether the elector qualifies as a resident of this state under s. 6.10, and the ballot was received by the elector by facsimile transmission or electronic mail and is accompanied by a separate certificate, the clerk shall enclose the ballot in a certificate envelope and securely append the completed certificate to the outside of the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep the ballot in the clerk’s office or at the alternate site, if applicable until delivered, as required in sub. (2).

AB43,34 Section 34. 6.88 (3) (a) of the statutes is amended to read:

AB43,,173 6.88 (3) (a) Except in municipalities where absentee ballots are canvassed under s. 7.52, at any time between the opening and closing of the polls on election day, or between 7 a.m. and 8 p.m. on the day before the election if authorized for that election under s. 7.525, the inspectors shall, in the same room where votes are being cast, or in the place where absentee ballots begin being canvassed early under s. 7.525, in such a manner that members of the public can hear and see the procedures, open the carrier envelope only, and announce the name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47 (2). When the inspectors find that the certification has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, they shall enter an indication on the poll list next to the applicant’s name indicating an absentee ballot is cast by the elector. They shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The inspectors shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If the poll list indicates that proof of residence under s. 6.34 is required and proof of residence is enclosed, the inspectors shall enter both the type of identifying document submitted by the absent elector and the name of the entity or institution that issued the identifying document on the poll list in the space provided. If the poll list indicates that proof of residence under s. 6.34 is required and no proof of residence is enclosed or the name or address on the document that is provided is not the same as the name and address shown on the poll list, the inspectors shall proceed as provided under s. 6.97 (2). The inspectors shall then deposit the ballot into the proper ballot box and enter the absent elector’s name or voting number after his or her name on the poll list in the same manner as if the elector had been present and voted in person.

AB43,35 Section 35. 6.94 of the statutes is amended to read:

AB43,,175 6.94 Challenged elector oath. If the person challenged refuses to answer fully any relevant questions put to him or her by the inspector under s. 6.92, the inspectors shall reject the elector’s vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the inspectors shall administer to the person the following oath or affirmation: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 28 10 consecutive days have been a resident of this ward except under s. 6.02 (2); you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election”. If the person challenged refuses to take the oath or affirmation, the person’s vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the inspector under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person’s vote shall be received.

AB43,36 Section 36. 7.52 (1) (a) of the statutes is amended to read:

AB43,,177 7.52 (1) (a) The governing body of any municipality may provide by ordinance that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall, at each election held in the municipality, canvass all absentee ballots received by the municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this subsection, the municipal clerk or board of election commissioners of the municipality shall notify the elections commission in writing of the proposed enactment and shall consult with the elections commission concerning administration of this section. At every election held in the municipality following enactment of an ordinance under this subsection, the board of absentee ballot canvassers shall, between 7 a.m. and 8 p.m. on the day before the election if authorized for that election under s. 7.525 or any time after the opening of the polls and before 10 p.m. on election day, publicly convene to count the absentee ballots for the municipality. The municipal clerk shall give at least 48 hours’ notice of any meeting under this subsection. Any member of the public has the same right of access to a meeting of the municipal board of absentee ballot canvassers under this subsection that the individual would have under s. 7.41 to observe the proceedings at a polling place. The board of absentee ballot canvassers may order the removal of any individual exercising the right to observe the proceedings if the individual disrupts the meeting.

AB43,37 Section 37. 7.52 (5) (b) of the statutes is amended to read:

AB43,,179 7.52 (5) (b) For the purpose of deciding upon ballots that are challenged for any reason, the board of absentee ballot canvassers may call before it any person whose absentee ballot is challenged if the person is available to be called. If the person challenged refuses to answer fully any relevant questions put to him or her by the board of absentee ballot canvassers under s. 6.92, the board of absentee ballot canvassers shall reject the person’s vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the members of the board of absentee ballot canvassers shall administer to the person the following oath or affirmation: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 28 10 consecutive days have been a resident of this ward except under s. 6.02 (2), stats.; you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election.” If the person challenged refuses to take the oath or affirmation, the person’s vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the board of absentee ballot canvassers under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person’s vote shall be received.

AB43,38 Section 38. 7.52 (10) of the statutes is created to read:

AB43,,181 7.52 (10) If, subject to s. 7.525, absentee ballots begin being canvassed under this section on the day before the election, no action under subs. (4) to (8) may be performed before election day.

AB43,39 Section 39. 7.525 of the statutes is created to read:

AB43,,183 7.525 Early canvassing of absentee ballots. (1) Authorizing early canvassing; requirements. (a) 1. The municipal clerk or municipal board of election commissioners may elect to begin the canvassing of absentee ballots received by the municipal clerk on the day before any election.

AB43,,184 2. Prior to the canvass under subd. 1., the municipal clerk or municipal board of election commissioners shall notify the elections commission in writing and shall consult with the elections commission concerning administration of this section.

AB43,,185 (b) Ballots may be canvassed early under this section only between 7 a.m. and 8 p.m. on the day before the election and may not be tallied until after the polls close on election day.

AB43,,186 (c) Any member of the public has the same right of access to a place where absentee ballots are being canvassed early under this section that the individual would have under s. 7.41 to observe the proceedings at a polling place.

AB43,,187 (d) When not in use, automatic tabulating equipment used for purposes of this section and the areas where the programmed media, memory devices, and ballots are housed shall be secured with tamper-evident security seals in a double-lock location such as a locked cabinet inside a locked office.

AB43,,188 (e) No person may act 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 canvassed early under this section before the close of the polls on election day. A person who violates this paragraph is guilty of a Class I felony.

AB43,,189 (2) Notice requirements. Absentee ballots may not begin being canvassed early under this section for any election unless all of the following apply:

AB43,,190 (a) At least 70 days before the election the municipal clerk or executive director of the municipal board of election commissioners notifies in writing the county clerk or executive director of the county board of election commissioners that early canvassing of absentee ballots will take place in the election.

AB43,,191 (b) The notice under s. 10.01 (2) (e) specifies the date and time during which, and each location where, the early canvassing of absentee ballots will be conducted.

AB43,40 Section 40. 8.50 (intro.) of the statutes is amended to read:

AB43,,193 8.50 Special elections. (intro.) Unless otherwise provided, this section applies to filling vacancies in the U.S. senate and house of representatives, executive state offices except the offices of governor, lieutenant governor, and district attorney, judicial and legislative state offices, county, city, village, and town offices, and the offices of municipal judge and member of the board of school directors in school districts organized under ch. 119. State legislative offices may be filled in anticipation of the occurrence of a vacancy whenever authorized in sub. (4) (e). No Except as provided in sub. (4m), no special election may be held after February 1 preceding the spring election unless it is held on the same day as the spring election, nor after August 1 preceding the general election unless it is held on the same day as the general election, until the day after that election. If the special election is held on the day of the general election, the primary for the special election, if any, shall be held on the day of the partisan primary. If the special election is held on the day of the spring election, the primary for the special election, if any, shall be held on the day of the spring primary.

AB43,41 Section 41. 8.50 (2) (a) and (b) of the statutes are amended to read:

AB43,,195 8.50 (2) (a) The Except as provided in sub. (4m), the date for the special election shall be not less than 62 nor more than 77 days from the date of the order except when the special election is held to fill a vacancy in a national office or the special election is held on the day of the general election or spring election. If a special election is held concurrently with the spring election, the special election may be ordered not earlier than 92 days prior to the spring primary and not later than 49 days prior to that primary. If a special election is held concurrently with the general election or a special election is held to fill a national office, the special election may be ordered not earlier than 122 days prior to the partisan primary or special primary, respectively, and not later than 92 days prior to that primary.

AB43,,196 (b) If Except as provided in sub. (4m), if a primary is required, the primary shall be on the day 4 weeks before the day of the special election except when the special election is held on the same day as the general election the special primary shall be held on the same day as the partisan primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary, and except when the special election is held on the Tuesday after the first Monday in November of an odd-numbered year, the primary shall be held on the 2nd Tuesday of August in that year.

AB43,42 Section 42. 8.50 (3) (a) of the statutes is amended to read:

AB43,,198 8.50 (3) (a) Nomination Except as provided in sub. (4m), nomination papers may be circulated no sooner than the day the order for the special election is filed and shall be filed not later than 5 p.m. 28 days before the day that the special primary will or would be held, if required, except when a special election is held concurrently with the spring election or general election, the deadline for filing nomination papers shall be specified in the order and the date shall be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no later than 35 days prior to the date of the spring primary or no later than June 1 preceding the partisan primary. Nomination papers may be filed in the manner specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of candidacy in the manner provided in s. 8.21 no later than the latest time provided in the order for filing nomination papers. If a candidate for state or local office has not filed a registration statement under s. 11.0202 (1) (a) at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics commission no later than the end of the 3rd day following the last day for filing nomination papers specified in the order.

AB43,43 Section 43. 8.50 (4) (b) of the statutes is repealed.

AB43,44 Section 44. 8.50 (4m) of the statutes is created to read:

AB43,,201 8.50 (4m) Special elections for national office. (a) Except as provided in par. (b), a vacancy in the office of U.S. senator or representative in congress shall be filled as soon as practicable in the following manner:

AB43,,202 1. At a special election to be held on the 3rd Tuesday in May following the first day of the vacancy. The special primary shall be held concurrently with the spring primary on the 3rd Tuesday in February. The first day for circulating nomination papers shall be November 1 and the papers shall be filed no later 5 p.m. on the first Tuesday in December preceding the primary.

AB43,,203 2. At a special election to be held on the 2nd Tuesday in August following the first day of the vacancy. The special primary shall be held on the 3rd Tuesday in May in that year. The first day for circulating nomination papers shall be February 1 and the papers shall be filed no later than 5 p.m. on the first Tuesday in March.

AB43,,204 3. At a special election to be held on the Tuesday after the first Monday in November following the first day of the vacancy. The special primary shall be held on the 2nd Tuesday in August in that year. Nomination papers shall be circulated and filed as provided under s. 8.15.

AB43,,205 (b) A special election shall not be held under par. (a) 3. in any year in which the general election is held for that office, but, instead, the vacancy shall be filled at the partisan primary and general election.

AB43,,206 (c) A vacancy filled under par. (a) shall be for the residue of the unexpired term.

AB43,45 Section 45. 13.09 (7) of the statutes is created to read:

AB43,,208 13.09 (7) If a member of the committee objects to a proposed action or item during a period of passive review required by law for the purpose of reviewing the proposed action or item, the name of each objecting member, as well as the reason for each objection, shall be recorded and made publicly available.

AB43,46 Section 46. 13.121 (4) of the statutes is amended to read:

AB43,,210 13.121 (4) Insurance. For the purpose of premium determinations under s. 40.05 (4) and (5) each member of the legislature shall accrue sick leave at a rate equivalent to a percentage of time worked recommended for such positions by the administrator of the division of personnel management in the department of administration and approved by the joint committee on employment relations in the same manner as compensation for such positions is determined under s. 20.923. This percentage of time worked shall be applied to the sick leave accrual rate established under s. 230.35 (2). The approved percentage shall be incorporated into the compensation plan under s. 230.12 (1).

AB43,47 Section 47. 13.124 of the statutes is repealed.

AB43,48 Section 48. 13.127 of the statutes is repealed.

AB43,49 Section 49. 13.365 of the statutes is repealed.

AB43,50 Section 50. 13.48 (26m) of the statutes is created to read:

AB43,,215 13.48 (26m) Lead service line replacement. The legislature finds and determines that the prevalence of lead service lines in connections to public water systems poses a public health hazard and that processes for reducing lead entering drinking water from such pipes requires additional treatment of wastewater. It is therefore in the public interest, and it is the public policy of this state, to assist private users of public water systems in replacing lead service lines.

AB43,51 Section 51. 13.48 (30) (a) (intro.) and 2. of the statutes are consolidated, renumbered 13.48 (30) (a) and amended to read:

AB43,,217 13.48 (30) (a) In this section: 2. “Unserved, “unserved area” has the meaning given in s. 196.504 (1) (c).

AB43,52 Section 52. 13.48 (30) (a) 1. of the statutes is repealed.

AB43,53 Section 53. 13.48 (30) (b) of the statutes is amended to read:

AB43,,220 13.48 (30) (b) The legislature finds and determines that the provision of broadband Internet access is essential to the welfare of the citizens of this state and to economic development in this state, and therefore the provision of broadband Internet access is a government function and a statewide responsibility of statewide dimension. The legislature further determines that sufficient private capital has been and continues to be unavailable to fulfill the need for the development of broadband Internet access in underserved and unserved areas in this state. It is therefore in the public interest, and it is the public policy of this state, to assist the public service commission in making broadband expansion grants under s. 196.504 (2) (a) for the purpose of constructing broadband infrastructure in underserved and unserved areas of this state.

AB43,54 Section 54. 13.525 (5) (a) of the statutes is amended to read:

AB43,,222 13.525 (5) (a) If any Any bill that is introduced in either house of the legislature that proposes to create a new crime or revise a penalty for an existing crime and the bill is referred to a standing committee of the house in which it is introduced, the chairperson may request shall be referred to the joint review committee to prepare a report on the bill under par. (b). If the bill is not referred to a standing committee, the speaker of the assembly, if the bill is introduced in the assembly, or the presiding officer of the senate, if the bill is introduced in the senate, may request the joint review committee to prepare a report on the bill under par. (b).

AB43,55 Section 55. 13.525 (5) (b) (intro.) of the statutes is amended to read:

AB43,,224 13.525 (5) (b) (intro.) If the joint review committee receives a request under par. (a) for a report on is referred a bill that proposes to create a new crime or revise a penalty for an existing crime, under par. (a), neither house may further consider the bill until the committee shall prepare prepares a report concerning all of the following:

AB43,56 Section 56. 13.525 (5) (d) of the statutes is repealed.

AB43,57 Section 57. 13.56 (2) of the statutes is amended to read:

AB43,,227 13.56 (2) Participation in certain proceedings. The cochairpersons of the joint committee for review of administrative rules or their designated agents shall accept service made under ss. 227.40 (5) and 806.04 (11). If the committee determines that the legislature should be represented in the proceeding, it shall request the joint committee on legislative organization to intervene in designate the legislature’s representative for the proceeding as provided under s. 806.04 (11). The costs of participation in the proceeding shall be paid equally from the appropriations under s. 20.765 (1) (a) and (b), except that such costs incurred by the department of justice shall be paid from the appropriation under s. 20.455 (1) (d).

AB43,58 Section 58. 13.90 (1) (intro.) of the statutes is amended to read:

AB43,,229 13.90 (1) (intro.) The joint committee on legislative organization shall be the policy-making board for the legislative reference bureau, the legislative fiscal bureau, the legislative audit bureau, the legislative human resources office, and the legislative technology services bureau. The committee shall:

AB43,59 Section 59. 13.90 (1m) (a) of the statutes is amended to read:

AB43,,231 13.90 (1m) (a) In this subsection, “legislative service agency” means the legislative council staff, the legislative audit bureau, the legislative fiscal bureau, the legislative reference bureau, the legislative human resources office, and the legislative technology services bureau.

AB43,60 Section 60. 13.90 (2) of the statutes is amended to read: