AB899: Bill Text

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:

AB899,,392 6.97 (1) Whenever any individual who is required to provide proof of residence under s. 6.34 in order to be permitted to vote appears to vote at a polling place and cannot provide the required proof of residence, the inspectors shall offer the opportunity for the individual to vote under this section. Whenever any individual, other than a military elector, as defined in s. 6.34 (1), an overseas elector, or an elector who has a confidential listing under s. 6.47 (2), appears to vote at a polling place and does not present proof of identification under s. 6.79 (2), whenever required, the inspectors or the municipal clerk shall similarly offer the opportunity for the individual to vote under this section. If the individual wishes to vote, the inspectors shall provide the elector with an envelope marked “Ballot under s. 6.97, stats.” on which the serial number of the elector is entered and shall require the individual to execute on the envelope a written affirmation stating that the individual is a qualified elector of the ward or election district where he or she offers to vote and is eligible to vote in the election. The inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation “s. 6.97”. If voting machines are used in the municipality where the individual is voting, the individual’s vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding number from the poll list or other list maintained under s. 6.79 and the notation “s. 6.97” written on the back of the ballot by the inspectors before the ballot is given to the elector. When receiving the individual’s ballot, the inspectors shall provide the individual with 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 individual is required to provide proof of residence or proof of identification under s. 6.79 (2) but did not do so. The inspectors shall notify the individual that he or she may provide proof of residence or proof of identification to the municipal clerk or executive director of the municipal board of election commissioners. The inspectors shall also promptly notify the municipal clerk or executive director of the name, address, and serial number of the individual. The inspectors shall then place the ballot inside the envelope and place the envelope in a separate carrier envelope.

AB899,179 Section 179. 7.03 (1) (a) of the statutes is amended to read:

AB899,,394 7.03 (1) (a) Except as authorized under this paragraph, a reasonable daily compensation shall be paid to each inspector, voting machine custodian, automatic tabulating equipment technician, member of a board of canvassers, messenger, and tabulator who is employed and performing duties under chs. 5 to 12. Daily compensation shall also be provided to inspectors and inspector trainees for attendance at training programs conducted by the commission secretary of state and municipal clerks under ss. 7.31 and 7.315. Alternatively, such election officials and trainees may be paid by the hour at a proportionate rate for each hour actually worked. Any election official or trainee may choose to volunteer his or her services by filing with the municipal clerk of the municipality in which he or she serves a written declination to accept compensation. The volunteer status of the election official or trainee remains effective until the official or trainee files a written revocation with the municipal clerk.

AB899,180 Section 180. 7.03 (1) (b) of the statutes is amended to read:

AB899,,396 7.03 (1) (b) Except as provided in par. (bm), any compensation owed shall be paid by the municipality in which the election is held, except that any compensation payable to a technician, messenger, tabulator, or member of the board of canvassers who is employed to perform services for the county shall be paid by the county and compensation payable to any messenger or tabulator who is employed to perform services for the state shall be paid by the commission secretary of state.

AB899,181 Section 181. 7.03 (2) of the statutes is amended to read:

AB899,,398 7.03 (2) The amount of compensation of election officials, when authorized or required, shall be fixed by the appropriate county board of supervisors, municipal governing body, or municipal board of election commissioners in cities over 500,000 population. The commission secretary of state shall fix the amount to be paid any person employed to perform duties for the state. If the commission secretary of state employs an individual to perform duties which are the responsibility of a county or municipality, the commission secretary shall charge the expense to the county or municipality.

AB899,182 Section 182. 7.08 (intro.) of the statutes is amended to read:

AB899,,400 7.08 Elections commission Secretary of state. (intro.) In addition to its the duties for ballot arrangement under ch. 5 and date and notice requirements under ch. 10, the commission secretary of state shall:

AB899,183 Section 183. 7.08 (1) of the statutes is amended to read:

AB899,,402 7.08 (1) Election forms, voting apparatus. (a) Prescribe all official ballot forms necessary under chs. 5 to 10 and 12 and revise the official ballot forms to harmonize with legislation and the current official status of the political parties whenever necessary. The commission secretary of state shall include on each ballot form, in the space for official endorsement, markings or spaces for identifying a ballot as an overvoted ballot, a duplicate overvoted ballot, a damaged ballot, or a duplicate damaged ballot, and for writing an identifying serial number. The commission secretary shall provide one copy of each ballot form without charge to each county and municipal clerk and board of election commissioners. The commission secretary shall distribute or arrange for distribution of additional copies. The prescribed forms shall be substantially followed in all elections under chs. 5 to 10 and 12.

AB899,,403 (b) Prescribe the necessary standard sample forms and ballot containers to make the canvass, returns, statements and tally sheet statements for all elections the results of which are reportable to the commission secretary of state under s. 7.60 (4) (a), and all other materials as it deems necessary to conduct the elections. The sample forms shall contain the necessary certificates of the inspectors and canvassers with notes explaining their use and statutory basis.

AB899,,404 (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4) and (5), 6.33 (1), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the commission secretary of state.

AB899,,405 (d) Promulgate rules for the administration of the statutory requirements for voting machines and electronic voting systems and any other voting apparatus which may be introduced in this state for use at elections. Pursuant to such responsibility, the commission secretary of state may obtain assistance from competent persons to check the machines, systems and apparatus and approve for use those types meeting the statutory requirements and shall establish reasonable compensation for persons performing duties under this paragraph.

AB899,184 Section 184. 7.08 (2) (a) of the statutes is amended to read:

AB899,,407 7.08 (2) (a) As soon as possible after the closing date for filing nomination papers or after the canvass of the primary vote, but no later than the deadlines established in s. 10.06, transmit to each county clerk a certified list of all candidates on file in its office for which electors in that county may vote. The list shall designate the order of arrangement and contain each candidate’s first name, middle initial or initials and last name, unless the candidate on his or her nomination papers or declaration of candidacy specifies that the middle initial be deleted, that a full middle name or former legal surname be substituted for the middle initial, that an initial be substituted for the candidate’s first name or that a nickname be substituted for a first or middle name or for a first initial or middle initial or initials, but no other abbreviations or titles are permitted. The list shall also include each candidate’s residence and post-office address; the office for which the person is a candidate; and, the party or principle the candidate represents, if any, in 5 words or less. Names of candidates nominated under s. 7.38 or 8.35 shall be certified by the commission secretary of state upon filing of the necessary papers with it. At any time prior to an election, the commission secretary may transmit an amended certification if a candidate dies or is determined not to qualify for ballot placement.

AB899,185 Section 185. 7.08 (2) (d) of the statutes is amended to read:

AB899,,409 7.08 (2) (d) As soon as possible after the last Tuesday in January of each year in which there is a presidential election, the commission secretary of state shall transmit to each county clerk a certified list of candidates for president who have qualified to have their names appear on the presidential preference primary ballot.

AB899,186 Section 186. 7.08 (3) (intro.) of the statutes is amended to read:

AB899,,411 7.08 (3) Election manual. (intro.) Prepare and publish separate from the election laws an election manual written so as to be easily understood by the general public explaining the duties of the election officials, together with notes and references to the statutes as the commission secretary of state considers advisable. The election manual shall:

AB899,187 Section 187. 7.08 (3) (a) of the statutes is amended to read:

AB899,,413 7.08 (3) (a) Be compiled by the commission secretary of state.

AB899,188 Section 188. 7.08 (4) of the statutes is amended to read:

AB899,,415 7.08 (4) Election laws. Publish the election laws. The commission secretary of state shall sell or distribute or arrange for the sale or distribution of copies of the election laws to county and municipal clerks and boards of election commissioners and members of the public.

AB899,189 Section 189. 7.08 (6) of the statutes is amended to read:

AB899,,417 7.08 (6) Enforcement of federal voting system standards. Following each general election, audit the performance of each voting system used in this state to determine the error rate of the system in counting ballots that are validly cast by electors. If the error rate exceeds the rate permitted under standards of the federal election commission in effect on October 29, 2002, the commission secretary of state shall take remedial action and order remedial action to be taken by affected counties and municipalities to ensure compliance with the standards. Each county and municipality shall comply with any order received under this subsection.

AB899,190 Section 190. 7.10 (1) (a) of the statutes is amended to read:

AB899,,419 7.10 (1) (a) Each county clerk shall provide ballots for every election in the county for all national, state and county offices, including metropolitan sewerage commission elections under s. 200.09 (11) (am), for municipal judges elected under s. 755.01 (4) and for state and county referenda. The official and sample ballots shall be prepared in substantially the same form as those prescribed by the commission secretary of state under s. 7.08 (1) (a).

AB899,191 Section 191. 7.10 (2) of the statutes is amended to read:

AB899,,421 7.10 (2) Preparing ballots. The county clerk shall prepare copy for the official ballots immediately upon receipt of the certified list of candidates’ names from the commission secretary of state. Names certified by the commission secretary shall be arranged in the order certified. The county clerk shall place the names of all candidates filed in the clerk’s office or certified to the clerk by the commission secretary on the proper ballot or ballots under the appropriate office and party titles. The county clerk shall prepare a special ballot under s. 5.60 (8) showing only the candidates in the presidential preference primary.

AB899,192 Section 192. 7.10 (3) (a) of the statutes is amended to read:

AB899,,423 7.10 (3) (a) The county clerk shall distribute the ballots to the municipal clerks no later than 48 days before each partisan primary and general election and no later than 22 days before each other primary and election, except that the clerk shall distribute the ballots under sub. (2) for the presidential preference primary no later 48 days before the presidential preference primary. Election forms prepared by the commission secretary of state shall be distributed at the same time. If the commission secretary transmits an amended certification under s. 7.08 (2) (a) or if the commission secretary or a court orders a ballot error to be corrected under s. 5.06 (6) or 5.72 (3) after ballots have been distributed, the county clerk shall distribute corrected ballots to the municipal clerks as soon as possible.

AB899,193 Section 193. 7.10 (4) of the statutes is amended to read:

AB899,,425 7.10 (4) Resolving notice doubts. When in doubt as to compliance with the statutory requirements for election notices or the correct fees to be paid for them, the county clerk may consult the commission secretary of state.

AB899,194 Section 194. 7.10 (7) of the statutes is amended to read:

AB899,,427 7.10 (7) Voter education. Each county clerk shall assist the commission secretary of state in conducting educational programs under s. 5.05 (12) to inform electors about the voting process.

AB899,195 Section 195. 7.10 (8) of the statutes is amended to read:

AB899,,429 7.10 (8) Free election information exchange. Each county clerk shall assist the commission secretary of state and municipal clerks in maintaining toll-free telephone lines and other free access systems under s. 5.05 (13) for exchange of voting information.

AB899,196 Section 196. 7.10 (9) of the statutes is amended to read:

AB899,,431 7.10 (9) Training of election officials. Each county clerk shall assist the commission secretary of state in the training of election officials under s. 5.05 (7).

AB899,197 Section 197. 7.10 (10) of the statutes is amended to read:

AB899,,433 7.10 (10) Information to commission secretary of state. Each county clerk shall provide to the commission secretary of state any information requested under s. 5.05 (14).

AB899,198 Section 198. 7.15 (1) (e) of the statutes is amended to read:

AB899,,435 7.15 (1) (e) Train election officials in their duties, calling them together whenever advisable, advise them of changes in laws, rules and procedures affecting the performance of their duties, and administer examinations as authorized under s. 7.30 (2) (c). The training shall conform with the requirements prescribed in rules promulgated by the commission secretary of state under ss. 7.31 and 7.315. The clerk shall assure that officials who serve at polling places where an electronic voting system is used are familiar with the system and competent to instruct electors in its proper use. The clerk shall inspect systematically and thoroughly the conduct of elections in the municipality so that elections are honestly, efficiently and uniformly conducted.

AB899,199 Section 199. 7.15 (1) (g) of the statutes is amended to read:

AB899,,437 7.15 (1) (g) In the manner prescribed by the commission secretary of state, report suspected election frauds, irregularities, or violations of which the clerk has knowledge to the district attorney for the county where the suspected activity occurs and to the commission secretary. The commission secretary shall annually report the information obtained under this paragraph to the legislature under s. 13.172 (2).

AB899,200 Section 200. 7.15 (1m) of the statutes is amended to read:

AB899,,439 7.15 (1m) Attend training. Each municipal clerk shall, at least once every 2 years during the period beginning on January 1 of each even-numbered year and ending on December 31 of the following year, attend a training program sponsored by the commission secretary of state under ss. 7.31 and 7.315.

AB899,201 Section 201. 7.15 (8) of the statutes is amended to read:

AB899,,441 7.15 (8) Resolving notice doubts. When in doubt as to compliance with the statutory requirements for election notices or the correct fees to be paid for them, the municipal clerk may consult the commission secretary of state.

AB899,202 Section 202. 7.15 (9) of the statutes is amended to read:

AB899,,443 7.15 (9) Voter education. Each municipal clerk shall assist the commission secretary of state in conducting educational programs under s. 5.05 (12) to inform electors about the voting process.

AB899,203 Section 203. 7.15 (10) of the statutes is amended to read:

AB899,,445 7.15 (10) Free election information exchange. Each municipal clerk shall assist the commission secretary of state in maintaining toll-free telephone lines and any other free access systems under s. 5.05 (13) for exchange of voting information.

AB899,204 Section 204. 7.15 (13) of the statutes is amended to read:

AB899,,447 7.15 (13) Information to commission secretary of state. Each municipal clerk shall provide to the commission secretary of state any information requested under s. 5.05 (14).

AB899,205 Section 205. 7.30 (2) (c) of the statutes is amended to read:

AB899,,449 7.30 (2) (c) The governing body of any municipality may require all persons serving as election officials to prove their ability to read and write English and to have a general knowledge of the election laws. Examinations may be given to prove the qualifications can be met. The municipal clerk shall ensure that all training meets the training requirements prescribed in rules promulgated by the commission secretary of state under ss. 7.31 and 7.315.

AB899,206 Section 206. 7.30 (4) (e) of the statutes is amended to read:

AB899,,451 7.30 (4) (e) If an appointing authority believes that, for good cause, it should not appoint an individual whose name is submitted as a first choice nominee under par. (b), it may request the commission secretary of state to authorize nonappointment. The commission secretary may permit nonappointment of an individual for cause demonstrated by an appointing authority.

AB899,207 Section 207. 7.30 (6) (b) of the statutes is amended to read:

AB899,,453 7.30 (6) (b) Prior to the first election following the appointment of the inspectors, the municipal clerk shall appoint one of the inspectors at each polling place, other than an inspector who is appointed under sub. (1) (b), to serve as chief inspector. No person may serve as chief inspector at any election who is not certified by the commission secretary of state under s. 7.31 at the time of the election. The chief inspector shall hold the position for the remainder of the term unless the inspector is removed by the clerk or the inspector ceases to be certified under s. 7.31, except that whenever wards are combined or separated under s. 5.15 (6) (b), the municipal clerk shall appoint another inspector who is certified under s. 7.31 to serve as chief inspector at each polling place designated under s. 5.15 (6) (b). If a vacancy occurs in the position of chief inspector at any polling place, the municipal clerk shall appoint one of the other inspectors who is certified under s. 7.31 to fill the vacancy.

AB899,208 Section 208. 7.31 of the statutes is amended to read:

AB899,,455 7.31 Training and certification of chief inspectors. (1) The commission secretary of state shall establish requirements for certification of individuals to serve as chief inspectors. The requirements shall include a requirement to attend at least one training session held under sub. (5) before beginning service.

AB899,,456 (2) No individual may serve as a chief inspector at a polling place in an election unless the individual is certified by the commission secretary of state to hold that office on the date of the election at which the individual serves.

AB899,,457 (3) The commission secretary of state shall, upon application, issue certificates to qualified individuals who meet the requirements to be certified as chief inspectors. Each certificate shall carry an expiration date.

AB899,,458 (4) The commission secretary of state shall require each individual to whom a certificate is issued under this section to meet requirements to maintain that certification. The requirements shall include a requirement to attend at least one training session held under sub. (5) every 2 years during the period beginning on January 1 of each even-numbered year and ending on December 31 of the following year. The commission secretary shall renew the certificate of any individual who requests renewal and who meets the requirements prescribed under this subsection.

AB899,,459 (5) The commission secretary of state shall conduct regular training programs to ensure that individuals who are certified by the commission secretary under this section are knowledgeable concerning their authority and responsibilities. The commission secretary shall pay all costs required to conduct the training programs from the appropriation under s. 20.510 (1) 20.575 (2) (bm).

AB899,209 Section 209. 7.315 (1) (a) of the statutes is amended to read:

AB899,,461 7.315 (1) (a) The commission secretary of state 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.

AB899,210 Section 210. 7.315 (2) of the statutes is amended to read:

AB899,,463 7.315 (2) The commission secretary of state shall, by rule, prescribe requirements for, and the content of, training required of municipal clerks under s. 7.15 (1m). The commission secretary may provide such training directly or arrange for such training to be provided by other organizations. The rules shall provide a method for notifying the relevant municipal governing body if a municipal clerk fails to attend required training.

AB899,211 Section 211. 7.315 (3) of the statutes is amended to read:

AB899,,465 7.315 (3) The commission secretary of state may produce and periodically reissue as necessary a video program for the purpose of training election officials, including special voting deputies and election registration officials. The commission secretary shall make any such program available for viewing electronically through an Internet-based system.

AB899,212 Section 212. 7.38 (5) of the statutes is amended to read:

AB899,,467 7.38 (5) In the event of failure to file the name of a current state chairperson, as required under s. 8.17 (12), the commission secretary of state may not recognize the state committee for the purpose of filling vacancies under sub. (1).

AB899,213 Section 213. 7.41 (5) of the statutes is repealed.

AB899,214 Section 214. 7.52 (1) (a) of the statutes is amended to read:

AB899,,470 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 secretary of state in writing of the proposed enactment and shall consult with the elections commission secretary 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, 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.

AB899,215 Section 215. 7.60 (4) (a) of the statutes is amended to read:

AB899,,472 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; court of appeals judge; circuit judges; district attorneys; and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected under s. 755.01 (4) serves a municipality that is located partially within the county and candidates for that judgeship file nomination papers in another county, the board of canvassers shall prepare a duplicate statement showing the numbers of votes cast for that judgeship in that county for transmittal to the other county. For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district, or statewide referendum. Each statement shall state the total number of votes cast in the county for each office; the names of all persons for whom the votes were cast, as returned; the number of votes cast for each person; and the number of votes cast for and against any question submitted at a referendum. The board of canvassers shall use one copy of each duplicate statement to report to the elections commission secretary of state, technical college district board, or board of canvassers of any other county and shall file the other statement in the office of the county clerk or board of election commissioners.

AB899,216 Section 216. 7.60 (5) of the statutes is amended to read:

AB899,,474 7.60 (5) Reporting. (a) Immediately following the canvass, the county clerk shall deliver or transmit to the elections commission secretary of state a certified copy of each statement of the county board of canvassers for president and vice president, state officials, senators and representatives in congress, state legislators, justice, court of appeals judge, circuit judge, district attorney, and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on forms prescribed by the elections commission secretary of state the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the elections commission secretary of state no later than 9 days after each primary except the partisan primary, no later than 10 days after the partisan primary and any other election except the general election, and no later than 14 days after the general election. The board of canvassers shall deliver or transmit a certified copy of each statement for any technical college district referendum to the secretary of the technical college district board.

AB899,,475 (b) If the board of canvassers becomes aware of a material mistake in the canvass of an election for state or national office or a statewide or technical college district referendum prior to the close of business on the day the elections commission secretary of state receives returns from the last county board of canvassers with respect to that canvass, the board of canvassers may petition the elections commission secretary of state to reopen and correct the canvass. The elections commission secretary of state shall direct the canvass to be reopened and corrected if it the secretary determines that the public interest so requires. If the elections commission secretary of state directs the canvass to be reopened, the board of canvassers shall reconvene and transmit a certified corrected copy of the canvass statement to the elections commission secretary of state or secretary of the technical college district board.

AB899,217 Section 217. 7.70 (1) of the statutes is amended to read:

AB899,,477 7.70 (1) Recording and preserving returns. (a) Upon receipt of the certified statements from the county clerks, the commission secretary of state shall record the election results by counties and file and carefully preserve the statements.