AB899: Bill Text

AB899,134 Section 134. 6.36 (1) (a) (intro.) of the statutes is amended to read:

AB899,,304 6.36 (1) (a) (intro.) The commission secretary of state shall compile and maintain electronically an official registration list. The list shall contain all of the following:

AB899,135 Section 135. 6.36 (1) (a) 4. of the statutes is amended to read:

AB899,,306 6.36 (1) (a) 4. For each elector, a unique registration identification number assigned by the commission secretary of state.

AB899,136 Section 136. 6.36 (1) (a) 9. of the statutes is amended to read:

AB899,,308 6.36 (1) (a) 9. Any information relating to the elector that appears on the current list transmitted to the commission secretary of state by the department of corrections under s. 301.03 (20m) containing the name of each living person who has been convicted of a felony under the laws of this state and whose civil rights have not been restored.

AB899,137 Section 137. 6.36 (1) (am) of the statutes is amended to read:

AB899,,310 6.36 (1) (am) The list under par. (a) may contain such other information as may be determined by the commission secretary of state to facilitate administration of elector registration requirements.

AB899,138 Section 138. 6.36 (1) (b) 1. a. of the statutes is amended to read:

AB899,,312 6.36 (1) (b) 1. a. Except as provided in pars. (ae), (bm), and (bn), no person other than an employee of the commission secretary of state, a county clerk, a deputy county clerk, an executive director of a county board of election commissioners, a deputy designated by the executive director, a municipal clerk, a deputy municipal clerk, an executive director of a city board of election commissioners, or a deputy designated by the executive director may view the date of birth, operator’s license number, or social security account number of an elector, the address of an elector to whom an identification serial number is issued under s. 6.47 (3), or any indication of an accommodation required under s. 5.25 (4) (a) to permit voting by an elector.

AB899,139 Section 139. 6.36 (1) (b) 1. b. of the statutes is amended to read:

AB899,,314 6.36 (1) (b) 1. b. No person other than an employee of the commission secretary of state, a municipal clerk, or an election official who is authorized by a municipal clerk may make a change in the list.

AB899,140 Section 140. 6.36 (1) (bm) of the statutes is amended to read:

AB899,,316 6.36 (1) (bm) The commission secretary of state or any municipal clerk or board of election commissioners may transfer any information in the registration list to which access is restricted under par. (b) 1. a. to a law enforcement agency, as defined in s. 165.77 (1) (b), to be used for law enforcement purposes.

AB899,141 Section 141. 6.36 (1) (bn) of the statutes is amended to read:

AB899,,318 6.36 (1) (bn) The commission secretary of state may transfer any information in the registration list to which access is restricted under par. (b) 1. a. to a subunit of the state government of another state to be used for official purposes.

AB899,142 Section 142. 6.36 (1) (d) of the statutes is amended to read:

AB899,,320 6.36 (1) (d) Upon receipt of official notification by the appropriate election administrative authority of another state, territory, or possession that an elector whose name appears on the list has registered to vote in that state, territory, or possession, the commission secretary of state or the municipal clerk of the municipality where the elector formerly resided shall change the elector’s registration from eligible to ineligible status.

AB899,143 Section 143. 6.36 (1) (e) of the statutes is amended to read:

AB899,,322 6.36 (1) (e) If the commission secretary of state adds the name of any elector to the list, the commission secretary shall promptly notify the municipal clerk of the municipality where the elector resides. If the commission secretary changes the registration of any elector from eligible to ineligible status, the commission secretary shall promptly notify the municipal clerk of the municipality where the elector resides or, if the elector has changed his or her residence from one municipality to another municipality in this state, shall promptly notify the municipal clerk of the municipality where the elector resided prior to the change. Notification shall be made in writing or by electronic transmission. If the commission secretary changes the registration of any elector from eligible to ineligible status, the commission secretary shall make an entry on the list giving the date of and the reason for the change.

AB899,144 Section 144. 6.36 (1) (f) of the statutes is amended to read:

AB899,,324 6.36 (1) (f) The commission secretary of state shall make all reasonable efforts to ensure that the list is maintained in a manner that precludes unauthorized persons from making alterations to the list.

AB899,145 Section 145. 6.36 (2) (a) of the statutes is amended to read:

AB899,,326 6.36 (2) (a) Except as provided in par. (b), each registration list prepared for use as a poll list at a polling place or for purposes of canvassing absentee ballots at an election shall contain the full name and address of each registered elector; a blank column for the entry of the serial number of the electors when they vote or the poll list number used by the municipal board of absentee ballot canvassers in canvassing absentee ballots; an indication next to the name of each elector for whom proof of residence under s. 6.34 is required; a space for entry of the type of and the name of the entity or institution that issued the identifying document submitted by the elector as proof of residence when proof of residence under s. 6.34 is required; a space for entry of the elector’s signature, or if another person signed the elector’s registration form for the elector by reason of the elector’s physical disability, the word “exempt”; and a form of certificate bearing the certification of the commission administrator secretary of state stating that the list is a true and complete registration list of the municipality or the ward or wards for which the list is prepared. The commission secretary of state shall, by rule, prescribe the space and location for entry of each elector’s signature on the poll list which shall provide for entry of the signature without changing the orientation of the poll list from the orientation used by the election officials.

AB899,146 Section 146. 6.36 (6) of the statutes is amended to read:

AB899,,328 6.36 (6) The commission secretary of state shall establish by rule the fee for obtaining a copy of the official registration list, or a portion of the list, including access to the subscription service established under s. 5.05 (14) (b). The amount of the fee shall be set, after consultation with county and municipal election officials, at an amount estimated to cover both the cost of reproduction and the cost of maintaining the list at the state and local level. The rules shall require that revenues from fees received be shared between the state and municipalities or their designees under s. 6.33 (5) (b), and shall specify a method for such allocation. The secretary of state shall make publicly available the amount and distribution of the fees received under this subsection and the method of allocation.

AB899,147 Section 147. 6.47 (1) (ag) of the statutes is amended to read:

AB899,,330 6.47 (1) (ag) “Domestic abuse victim service provider” means an organization that is certified by the department of children and families as eligible to receive grants under s. 49.165 (2) and whose name is included on the list provided by the commission secretary of state under s. 7.08 (10).

AB899,148 Section 148. 6.47 (1) (am) 2. of the statutes is amended to read:

AB899,,332 6.47 (1) (am) 2. An individual who files an affidavit with the municipal clerk of the municipality where the individual resides, on a form prescribed by the commission secretary of state, that is signed by a sheriff, the chief of a police department, or a district attorney or the authorized representative of a sheriff, chief, or district attorney and directed to the municipal clerk, and that verifies that a person has been charged with or convicted of an offense relating to domestic abuse, sexual assault, or stalking in which the individual was a victim and reasonably continues to be threatened by that person.

AB899,149 Section 149. 6.47 (1) (dm) of the statutes is amended to read:

AB899,,334 6.47 (1) (dm) “Sexual assault victim service provider” means an organization that is certified by the department of justice as eligible to receive grants under s. 165.93 (2) and whose name is included on the list provided by the commission secretary of state under s. 7.08 (10).

AB899,150 Section 150. 6.47 (2) of the statutes is amended to read:

AB899,,336 6.47 (2) Except as authorized in sub. (8), the commission secretary of state, each municipal clerk, each agent designated under s. 6.33 (5) (b), and each election official shall withhold from public inspection under s. 19.35 (1) the name and address of any eligible individual whose name appears on a poll list or registration list if the individual provides the municipal clerk with a valid written request to protect the individual’s confidentiality. To be valid, a request under this subsection must be accompanied by a copy of a protective order that is in effect, an affidavit under sub. (1) (am) 2. that is dated within 30 days of the date of the request, confirmation from the department of justice that the person is a program participant, as provided under s. 165.68 (4) (c), a statement signed by the operator or an authorized agent of the operator of a shelter that is dated within 30 days of the date of the request and that indicates that the operator operates the shelter and that the individual making the request resides in the shelter, or a statement signed by an authorized representative of a domestic abuse victim service provider or a sexual assault victim service provider under sub. (1) (am) 4. that is dated within 30 days of the date of the request. A physically disabled individual who appears personally at the office of the municipal clerk accompanied by another elector of this state may designate that elector to make a request under this subsection on his or her behalf.

AB899,151 Section 151. 6.47 (3) of the statutes is amended to read:

AB899,,338 6.47 (3) Upon receiving a valid written request from an elector under sub. (2), the municipal clerk shall issue to the elector a voting identification card on a form prescribed by the commission secretary of state that shall contain the name of the elector’s municipality of residence and, in the case of a town, the county in which the town is located, the elector’s name, the ward in which the elector resides, if any, and a unique identification serial number issued by the commission secretary. The number issued to an elector under this subsection shall not be changed for so long as the elector continues to qualify for a listing under sub. (2).

AB899,152 Section 152. 6.50 (1) (intro.) of the statutes is amended to read:

AB899,,340 6.50 (1) (intro.) No later than June 15 following each general election, the commission secretary of state shall examine the registration records for each municipality and identify each elector who has not voted within the previous 4 years if qualified to do so during that entire period and shall mail a notice to the elector in substantially the following form:

AB899,153 Section 153. 6.50 (2) of the statutes is amended to read:

AB899,,342 6.50 (2) If an elector to whom a notice of suspension was mailed under sub. (1) has not applied for continuation of registration within 30 days of the date of mailing, the commission secretary of state shall change the registration status of that elector from eligible to ineligible on the day that falls 30 days after the date of mailing.

AB899,154 Section 154. 6.50 (2g) of the statutes is amended to read:

AB899,,344 6.50 (2g) The commission secretary of state may delegate to a municipal clerk or board of election commissioners of a municipality the responsibility to change the registration status of electors when required under sub. (2).

AB899,155 Section 155. 6.50 (2r) (intro.) of the statutes is amended to read:

AB899,,346 6.50 (2r) (intro.) As soon as practicable, but no later than August 1 following the completion of the process under subs. (1) and (2), the commission secretary of state shall publish on its Internet site the website of the office of secretary of state the following information obtained through that process:

AB899,156 Section 156. 6.50 (2r) (b) of the statutes is amended to read:

AB899,,348 6.50 (2r) (b) The number of notices described under par. (a) that were returned to the commission secretary of state as undeliverable.

AB899,157 Section 157. 6.50 (2r) (h) of the statutes is amended to read:

AB899,,350 6.50 (2r) (h) Any other information requested by the legislature or that the commission secretary of state considers relevant.

AB899,158 Section 158. 6.50 (7) of the statutes is amended to read:

AB899,,352 6.50 (7) When an elector’s registration is changed from eligible to ineligible status, the commission secretary of state, municipal clerk, or board of election commissioners shall make an entry on the registration list, giving the date of and reason for the change.

AB899,159 Section 159. 6.55 (2) (a) (intro.) of the statutes is amended to read:

AB899,,354 6.55 (2) (a) (intro.) Except where the procedure under par. (c) or (cm) is employed, any person who qualifies as an elector in the ward or election district where he or she desires to vote, but has not previously filed a registration form, or was registered at another location, may request permission to vote at the polling place for that ward or election district, or at an alternate polling place assigned under s. 5.25 (5) (b). When a proper request is made, the inspector shall require the person to execute a registration form prescribed by the commission secretary of state. The registration form shall be completed in the manner provided under s. 6.33 (2) and shall contain all information required under s. 6.33 (1), together with the following certification:

AB899,160 Section 160. 6.55 (2) (cs) of the statutes is amended to read:

AB899,,356 6.55 (2) (cs) The commission secretary of state shall provide to each municipal clerk a list prepared for use at each polling place showing the name and address of each person whose name appears on the list provided by the department of corrections under s. 301.03 (20m) as ineligible to vote on the date of the election, whose address is located in the area served by that polling place, and whose name does not appear on the poll list for that polling place. Prior to permitting an elector to register to vote under this subsection or s. 6.86 (3) (a) 2., the inspectors or election registration officials shall review the list. If the name of an elector who wishes to register to vote appears on the list, the inspectors or election registration officials shall inform the elector or the elector’s agent that the elector is ineligible to register to vote. If the elector or the elector’s agent maintains that the elector is eligible to vote in the election, the inspectors or election registration officials shall permit the elector to register but shall mark the elector’s registration form as “ineligible to vote per Department of Corrections.” If the elector wishes to vote, the inspectors shall require the elector to vote by ballot and shall challenge the ballot as provided in s. 6.79 (2) (dm).

AB899,161 Section 161. 6.55 (3) (b) of the statutes is amended to read:

AB899,,358 6.55 (3) (b) Prior to permitting an elector to vote under this subsection, the inspectors shall review the list provided by the commission secretary of state under sub. (2) (cs). If the name of the elector appears on the list, the inspectors shall inform the elector that he or she is ineligible to vote at the election. If the elector maintains that he or she is eligible to vote in the election, the inspectors shall permit the elector to vote, but shall require the elector to vote by ballot, and shall challenge the ballot as provided in s. 6.79 (2) (dm).

AB899,162 Section 162. 6.56 (3) of the statutes is amended to read:

AB899,,360 6.56 (3) Upon receipt of the list under sub. (1), the municipal clerk or board of election commissioners shall make an audit of all electors registering to vote at the polling place or other registration location under s. 6.55 (2) and all electors registering by agent on election day under s. 6.86 (3) (a) 2. unless the clerk or board of election commissioners receives notice from the elections commission secretary of state under sub. (7) that the elections commission office of the secretary of state will perform the audit. The audit shall be made by 1st class postcard. The postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the clerk, board of election commissioners, or elections commission secretary of state if the elector does not reside at the address given on the postcard. If any postcard is returned undelivered, or if the clerk, board of election commissioners, or elections commission secretary of state is informed of a different address than the one specified by the elector which was apparently improper on the day of the election, the clerk, board of election commissioners, or elections commission secretary of state shall change the status of the elector from eligible to ineligible on the registration list, mail the elector a notice of the change in status, and provide the name of the elector to the district attorney for the county where the polling place is located and the elections commission secretary of state.

AB899,163 Section 163. 6.56 (3m) of the statutes is amended to read:

AB899,,362 6.56 (3m) As soon as possible after all information relating to registrations after the close of registration for an election is entered on the registration list following the election under s. 6.33 (5) (a), the commission secretary of state shall compare the list of new registrants whose names do not appear on the poll lists for the election because the names were added after the commission secretary certified the poll lists for use at the election with the list containing the names transmitted to the commission secretary by the department of corrections under s. 301.03 (20m) as of election day. If the commission secretary finds that the name of any person whose name appears on the list transmitted under s. 301.03 (20m) has been added to the registration list, the commission secretary shall enter on the list the information transmitted to the commission secretary under s. 301.03 (20m) and shall notify the district attorney for the county where the polling place is located that the person appears to have voted illegally at the election.

AB899,164 Section 164. 6.56 (4) of the statutes is amended to read:

AB899,,364 6.56 (4) After each election, the municipal clerk shall perform an audit to assure that no person has been allowed to vote more than once. Whenever the municipal clerk has good reason to believe that a person has voted more than once in an election, the clerk shall send the person a 1st class letter marked in accordance with postal regulations to ensure that it will be returned to the clerk if the elector does not reside at the address given on the letter. The letter shall inform the person that all registrations relating to that person may be changed from eligible to ineligible status within 7 days unless the person contacts the office of the clerk to clarify the matter. A copy of the letter and of any subsequent information received from or about the addressee shall be sent to the district attorney for the county where the person resides and the commission secretary of state.

AB899,165 Section 165. 6.56 (7) of the statutes is amended to read:

AB899,,366 6.56 (7) The commission secretary of state may elect to perform the duties of municipal clerks to conduct the audits required under subs. (3) and (4) for any election on behalf of all municipalities in the state. If the commission secretary so elects, the commission secretary shall, no later than the date of the election for which the audits will be performed, notify the municipal clerk of each municipality that the commission secretary will perform the audits.

AB899,166 Section 166. 6.57 of the statutes is amended to read:

AB899,,368 6.57 Registration list for special elections. The municipal clerk of each municipality where a special election is held nonconcurrently with a regularly scheduled election shall obtain a copies of the current registration list from the commission secretary of state for use in the special election.

AB899,167 Section 167. 6.79 (1m) of the statutes is amended to read:

AB899,,370 6.79 (1m) Separate poll lists. The municipal clerk may elect to maintain the information on the poll list manually or electronically. If the clerk elects to maintain the list electronically, an election official at each election ward shall be in charge of and shall maintain the poll list. The system employed to maintain the list electronically is subject to the approval of the commission secretary of state. If the clerk elects to maintain the information manually, 2 election officials at each election ward shall be in charge of and shall maintain 2 separate poll lists.

AB899,168 Section 168. 6.86 (2) (a) of the statutes is amended to read:

AB899,,372 6.86 (2) (a) An elector who is indefinitely confined because of age, physical illness or infirmity or is disabled for an indefinite period may by signing a statement to that effect require that an absentee ballot be sent to the elector automatically for every election. The application form and instructions shall be prescribed by the commission secretary of state, and furnished upon request to any elector by each municipality. The envelope containing the absentee ballot shall be clearly marked as not forwardable. If any elector is no longer indefinitely confined, the elector shall so notify the municipal clerk.

AB899,169 Section 169. 6.86 (2m) (a) of the statutes is amended to read:

AB899,,374 6.86 (2m) (a) Except as provided in this subsection, any elector other than an elector who receives an absentee ballot under sub. (2) or s. 6.22 (4) or 6.24 (4) (c) may by written application filed with the municipal clerk of the municipality where the elector resides require that an absentee ballot be sent to the elector automatically for every election that is held within the same calendar year in which the application is filed. The application form and instructions shall be prescribed by the commission secretary of state, and furnished upon request to any elector by each municipal clerk. The municipal clerk shall thereupon mail an absentee ballot to the elector for all elections that are held in the municipality during the same calendar year that the application is filed, except that the clerk shall not send an absentee ballot for an election if the elector’s name appeared on the registration list in eligible status for a previous election following the date of the application but no longer appears on the list in eligible status. The municipal clerk shall ensure that any envelope containing the absentee ballot is clearly marked as not forwardable. If an elector who files an application under this subsection no longer resides at the same address that is indicated on the application form, the elector shall so notify the municipal clerk. The municipal clerk shall discontinue mailing absentee ballots to an elector under this subsection upon receipt of reliable information that the elector no longer qualifies as an elector of the municipality. In addition, the municipal clerk shall discontinue mailing absentee ballots to an elector under this subsection if the elector fails to return any absentee ballot mailed to the elector. The municipal clerk shall notify the elector of any such action not taken at the elector’s request within 5 days, if possible. An elector who fails to cast an absentee ballot but who remains qualified to receive absentee ballots under this subsection may then receive absentee ballots for subsequent elections by notifying the municipal clerk that the elector wishes to continue receiving absentee ballots for subsequent elections.

AB899,170 Section 170. 6.86 (3) (a) 1. of the statutes is amended to read:

AB899,,376 6.86 (3) (a) 1. Any elector who is registered and who is hospitalized, may apply for and obtain an official ballot by agent. The agent may apply for and obtain a ballot for the hospitalized absent elector by presenting a form prescribed by the commission secretary of state and containing the required information supplied by the hospitalized elector and signed by that elector, unless the elector is unable to sign due to physical disability. In this case, the elector may authorize another elector to sign on his or her behalf. Any elector signing an application on another elector’s behalf shall attest to a statement that the application is made on request and by authorization of the named elector, who is unable to sign the application due to physical disability. The agent shall present this statement along with all other information required under this subdivision. Except as authorized for an elector who has a confidential listing under s. 6.47 (2) or as authorized under s. 6.87 (4) (b) 4., the agent shall present any proof of identification required under sub. (1) (ar). The form shall include a space for the municipal clerk or deputy clerk to enter his or her initials indicating that the agent presented proof of identification to the clerk on behalf of the elector.

AB899,171 Section 171. 6.869 of the statutes is amended to read:

AB899,,378 6.869 Uniform instructions. The commission secretary of state shall prescribe uniform instructions for municipalities to provide to absentee electors. The instructions shall include the specific means of electronic communication that an absentee elector may use to file an application for an absentee ballot and, if the absentee elector is required to register, to request a registration form or change his or her registration. The instructions shall include information concerning whether proof of identification is required to be presented or enclosed. The instructions shall also include information concerning the procedure for correcting errors in marking a ballot and obtaining a replacement for a spoiled ballot. The procedure shall, to the extent possible, respect the privacy of each elector and preserve the confidentiality of each elector’s vote.

AB899,172 Section 172. 6.87 (3) (d) of the statutes is amended to read:

AB899,,380 6.87 (3) (d) A municipal clerk shall, if the clerk is reliably informed by 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, of a facsimile transmission number or electronic mail address where the elector can receive an absentee ballot, transmit a facsimile or electronic copy of the elector’s ballot to that elector in lieu of mailing under this subsection. An elector may receive an absentee ballot only if the elector is a military elector or an overseas elector and has filed a valid application for the ballot as provided in s. 6.86 (1). If the clerk transmits an absentee ballot to a military or overseas elector electronically, the clerk shall also transmit a facsimile or electronic copy of the text of the material that appears on the certificate envelope prescribed in sub. (2), together with instructions prescribed by the commission secretary of state. The instructions shall require the military or overseas elector to make and subscribe to the certification as required under sub. (4) (b) and to enclose the absentee ballot in a separate envelope contained within a larger envelope, that shall include the completed certificate. The elector shall then affix sufficient postage unless the absentee ballot qualifies for mailing free of postage under federal free postage laws and shall mail the absentee ballot to the municipal clerk. Except as authorized in s. 6.97 (2), an absentee ballot received from a military or overseas elector who receives the ballot electronically shall not be counted unless it is cast in the manner prescribed in this paragraph and sub. (4) and in accordance with the instructions provided by the commission secretary of state.

AB899,173 Section 173. 6.875 (5) of the statutes is amended to read:

AB899,,382 6.875 (5) Prior to entering upon his or her duties, each individual appointed to serve as a deputy under this section shall file the oath required by s. 7.30 (5). In the oath, the individual shall swear that he or she is qualified to act as a deputy under this section, that he or she has read the statutes governing absentee voting, that he or she understands the proper absentee voting procedure, that he or she understands the penalties for noncompliance with the procedure under s. 12.13, that his or her sacred obligation will be to fully and fairly implement the absentee voting law and seek to have the intent of the electors ascertained. In addition, the oath shall state that the individual realizes that any error in conducting the voting procedure may result in invalidation of an elector’s vote under s. 7.51 (2) (e) and that the individual realizes that absentee voting is a privilege and not a constitutional right. The form of the oath shall be prescribed by the commission secretary of state.

AB899,174 Section 174. 6.92 (1) of the statutes is amended to read:

AB899,,384 6.92 (1) Except as provided in sub. (2), each inspector shall challenge for cause any person offering to vote whom the inspector knows or suspects is not a qualified elector or who does not adhere to any voting requirement under this chapter. If a person is challenged as unqualified by an inspector, one of the inspectors shall administer the following oath or affirmation to the person: “You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding your place of residence and qualifications as an elector of this election”; and shall then ask questions which are appropriate as determined by the commission secretary of state, by rule, to test the person’s qualifications.

AB899,175 Section 175. 6.925 of the statutes is amended to read:

AB899,,386 6.925 Elector making challenge in person. Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an elector, one of the inspectors may administer the oath or affirmation to the challenged elector under s. 6.92 and ask the challenged elector the questions under that section which are appropriate to test the elector’s qualifications. In addition, one of the inspectors shall administer the following oath or affirmation to the challenging elector: “You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding the challenged person’s place of residence and qualifications as an elector of this election”; and shall then ask questions which are appropriate as determined by the commission secretary of state, by rule, to test the qualifications of the challenged elector.

AB899,176 Section 176. 6.95 of the statutes is amended to read:

AB899,,388 6.95 Voting procedure for challenged electors. Whenever the inspectors under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been challenged, the inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the challenged person corresponding to the number kept at the election on the poll list, or other list maintained under s. 6.79, and the notation “s. 6.95”. If voting machines are used in the municipality where the person is voting, the person’s vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding serial number from the poll list or other list maintained under s. 6.79 and the notation “s. 6.95” written on the back of the ballot by the inspectors before the ballot is given to the elector. The inspectors shall indicate on the list the reason for the challenge. The inspectors shall then deposit the ballot. The challenged ballots shall be counted under s. 5.85 or 7.51. The municipal board of canvassers may decide any challenge when making its canvass under s. 7.53. If the returns are reported under s. 7.60, a challenge may be reviewed by the county board of canvassers. If the returns are reported under s. 7.70, a challenge may be reviewed by the chairperson of the commission secretary of state or the chairperson’s secretary’s designee. The decision of any board of canvassers or of the chairperson or chairperson’s secretary or secretary’s designee may be appealed under s. 9.01. The standard for disqualification specified in s. 6.325 shall be used to determine the validity of challenged ballots.

AB899,177 Section 177. 6.96 of the statutes is amended to read:

AB899,,390 6.96 Voting procedure for electors voting pursuant to federal court order. Whenever any elector is allowed to vote at a polling place pursuant to a federal court order after the closing time provided under s. 6.78, the inspectors shall, before giving the elector a ballot, write on the back of the ballot the notation “s. 6.96”. If voting machines are used in the municipality where the elector is voting, the elector’s vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the notation “s. 6.96” written on the back of the ballot by the inspectors before the ballot is given to the elector. When receiving the elector’s ballot, the inspectors shall provide the elector with the written voting information prescribed by the commission secretary of state under s. 7.08 (8). The inspectors shall indicate on the list the fact that the elector is voting pursuant to a federal court order. The inspectors shall then deposit the ballot. The ballot shall be counted under s. 5.85 or 7.51 unless the order is vacated. If the order is vacated after the ballot is counted, the appropriate board or boards of canvassers or the chairperson of the commission secretary of state or his or her designee shall reopen the canvass to discount any ballots that were counted pursuant to the vacated order and adjust the statements, certifications, and determinations accordingly.

AB899,178 Section 178. 6.97 (1) of the statutes is amended to read: