SB685: Bill Text

SB685,,40 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.

SB685,19 Section 19. 6.87 (6) of the statutes is amended to read:

SB685,,42 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.

SB685,20 Section 20. 6.88 (1) of the statutes is amended to read:

SB685,,44 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).

SB685,21 Section 21. 6.88 (2) of the statutes is amended to read:

SB685,,46 6.88 (2) When an absentee ballot is received by the municipal clerk prior to the delivery of the official ballots to the election officials of the ward in which the elector resides or, where absentee ballots are canvassed under s. 7.52, to the municipal board of absentee ballot canvassers, the municipal clerk shall seal the ballot envelope in the carrier envelope as provided under sub. (1), and shall enclose the envelope in a package and deliver the package to the election inspectors of the proper ward or election district or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal board of absentee ballot canvassers when it convenes at a meeting convened under s. 7.52 (1). When the official ballots for the ward or election district have been delivered to the election inspectors before the receipt of an absentee ballot, the clerk shall immediately enclose the envelope containing the absentee ballot in a carrier envelope as provided under sub. (1) and deliver it in person to the proper election officials.

SB685,22 Section 22. 6.88 (4) of the statutes is created to read:

SB685,,48 6.88 (4) (a) 1. The governing body of any municipality not specified in s. 7.52 (1) (a) may provide by ordinance that absentee ballots received by the municipal clerk may be canvassed on the day before the election.

SB685,,49 2. Prior to enacting an ordinance under subd. 1., the municipal clerk shall notify the commission in writing of the proposed enactment and shall consult with the commission concerning administration of this subsection.

SB685,,50 (am) In any municipality having an ordinance under par. (a), subject to pars. (b) to (f), the election inspectors may convene a meeting to begin canvassing absentee ballots beginning at 7 a.m. on the day before the election.

SB685,,51 (b) The municipal clerk shall give at least 60 days’ notice of a meeting under this subsection. Any member of the public has the same right of access to observe the proceedings at a meeting under this subsection that the individual would have under s. 7.41. The election inspectors may order the removal of any individual exercising the right to observe the proceedings if the individual disrupts the meeting.

SB685,,52 (c) 1. At 7 a.m., noon, and 8 p.m. on the day before the election, and at 7 a.m., noon, and 8 p.m. on election day, the municipal clerk or his or her designee or municipal board of election inspectors shall provide to the county clerk of the county in which the municipality is located or the county board of election inspectors a statement that shows the total number of absentee ballots returned to the municipality and the total number of absentee ballots the election inspectors have canvassed under this subsection. The county clerk or county board of election inspectors shall promptly post each statement on the website on which returns for the county are posted on election night under s. 7.60. In a municipality having a municipal board of election inspectors, the statement required under this paragraph shall also be posted on the website maintained by the municipal board of election inspectors. The statement may not include the names or addresses of any electors.

SB685,,53 2. An absentee ballot shall be considered canvassed for purposes of subd. 1. only after all tasks have been completed in the canvassing process except for the tallying of votes.

SB685,,54 (d) When the meeting of the election inspectors recesses on the day before the election, the election inspectors shall secure the automatic tabulating equipment, and the areas where the programmed media, memory devices, and absentee ballots are housed, with tamper-evident security seals in a double-lock location such as a locked cabinet inside a locked office. Before resuming the canvassing of absentee ballots on election day, the election inspectors shall check and record the status of each tamper-evident seal. The election inspectors shall immediately notify the commission of any evidence of tampering. If the election inspectors discover evidence of tampering with respect to automatic tabulating equipment, the canvass may not resume until the equipment is replaced and the replacement equipment is tested as provided in s. 5.84, except that public notice need not be provided 48 hours prior to the test. If the election inspectors discover evidence of tampering under this paragraph, the commission shall verify the accuracy of the absentee ballot count in the municipality in the election by doing all of the following:

SB685,,55 1. Ordering the municipality to conduct a recount after the election of all absentee ballots cast in the municipality in the election. The commission’s order shall establish procedures for the recount consistent with s. 9.01.

SB685,,56 2. Auditing the election equipment in the same manner as audits are conducted under s. 7.08 (6).

SB685,,57 (e) Votes on absentee ballots canvassed under this subsection may not be tallied until after the polls close on election day.

SB685,,58 (f) No person may intentionally act in a manner that would give him or her the ability to know or to provide information on the tallied results from the ballots canvassed under this subsection before the polls close on election day. Whoever intentionally violates this paragraph is guilty of a Class I felony.

SB685,,59 (g) An ordinance under par. (a) may not take effect less than 60 days before an election.

SB685,23 Section 23. 7.03 (1) (c) of the statutes is repealed.

SB685,24 Section 24. 7.15 (1) (cm) of the statutes is amended to read:

SB685,,62 7.15 (1) (cm) Prepare official absentee ballots for delivery to electors requesting them, and except as provided in this paragraph, send an official absentee ballot to each elector who has requested a ballot by mail, and to each military elector, as defined in s. 6.34 (1), and overseas elector who has requested a ballot by mail, electronic mail, or facsimile transmission, no later than the 47th 45th day before each partisan primary, presidential preference primary, special primary or election, and general election and no later than the 21st day before each other primary and election if the request is made before that day; otherwise, the municipal clerk shall send or transmit an official absentee ballot within one business day of the time the military or overseas elector’s request for such a ballot is received. The clerk shall send or transmit an absentee ballot for the presidential preference primary to each elector who has requested that to all other electors requesting a ballot no later than the 47th 21st day before the presidential preference primary or election if the request is made before that day, or, if the request is not made before that day, within one business day of the time the request is received. For purposes of this paragraph, “business day” means any day from Monday to Friday, not including a legal holiday under s. 995.20.

SB685,25 Section 25. 7.15 (16) of the statutes is created to read:

SB685,,64 7.15 (16) Election night reporting. (a) At 9 p.m. on election night, and every hour thereafter until the canvass is complete, the municipal clerk or his or her designee shall provide to the county clerk of the county in which the municipality is located a statement that shows the total number of ballots, including absentee ballots, cast at the municipality in the election, the total number of ballots, including absentee ballots, that have been canvassed, and the total number of ballots, including absentee ballots, that remain to be canvassed. The county clerk shall promptly post each statement on the website on which the county posts returns on election night under s. 7.60. In a 1st class city, the municipal clerk shall post the statement required under this subsection on the clerk’s website. The statement may not include the names or addresses of any electors.

SB685,,65 (b) An absentee ballot may be considered canvassed for purposes of par. (a) only after all tasks have been completed in the canvassing process except for the tallying of votes.

SB685,26 Section 26. 7.37 (12) of the statutes is amended to read:

SB685,,67 7.37 (12) Canvassers. The election inspectors shall constitute the board of canvassers of their polling place and in that capacity shall perform the duties under s. 7.51, except as otherwise designated by the municipal clerk under ss. s. 5.85 and 5.86.

SB685,27 Section 27. 7.51 (1) of the statutes is amended to read:

SB685,,69 7.51 (1) Canvass procedure. Immediately after the polls close the inspectors except any inspector appointed under s. 7.30 (1) (b) shall proceed to canvass publicly all votes received at the polling place. In any municipality where an electronic voting system is used, the municipal governing body or board of election commissioners may provide or authorize the municipal clerk or executive director of the board of election commissioners to provide for the adjournment of the canvass to one or more central counting locations for specified polling places in the manner prescribed in subch. III of ch. 5. No central counting location may be used to count votes at a polling place where an electronic voting system is not employed. The canvass, whether conducted at the polling place or at a central counting location, shall continue without adjournment until the canvass of all ballots cast and received on or before election day is completed and the return statement is made or, in municipalities where absentee ballots are canvassed under s. 7.52, until the canvass of all absentee ballots cast and received on or before election day is completed and the return statement for those ballots is made. The inspectors shall not permit access to the name of any elector who has obtained a confidential listing under s. 6.47 (2) during the canvass, except as authorized in s. 6.47 (8).

SB685,28 Section 28. 7.52 (1) (a) of the statutes is renumbered 7.52 (1) (a) 1. and amended to read:

SB685,,71 7.52 (1) (a) 1. 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 subdivision, 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 Except as provided under par. (h), at every election held in the municipality following enactment of an ordinance under this subsection subdivision, 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 at 7 a.m. on the day before the election to count the begin the canvass of absentee ballots for the municipality and may not recess until 8 p.m. on that day, or at such time when there are no further absentee ballots to be processed on that day, whichever is earlier, at which time the meeting shall recess; the meeting shall reconvene at 7 a.m. on election day and continue until all absentee ballots received by the municipal clerk by 8 p.m. on election day have been canvassed.

SB685,,72 2. The municipal clerk shall give at least 48 hours’ 60 days’ notice of any the 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.

SB685,29 Section 29. 7.52 (1) (d) to (h) of the statutes are created to read:

SB685,,74 7.52 (1) (d) 1. At 7 a.m., noon, and 8 p.m. on the day before the election, and at 7 a.m., noon, and 8 p.m. on election day, the municipal clerk or his or her designee or municipal board of election inspectors shall provide to the county clerk of the county in which the municipality is located or the county board of election inspectors a statement that shows the total number of absentee ballots returned to the municipality and the total number of absentee ballots the municipal board of absentee ballot canvassers has canvassed under this subsection. The county clerk or county board of election inspectors shall promptly post each statement on the website on which returns for the county are posted on election night under s. 7.60. In a municipality having a municipal board of election inspectors, the statement required under this paragraph shall also be posted on the website maintained by the municipal board of election inspectors. The statement may not include the names or addresses of any electors.

SB685,,75 2. An absentee ballot shall be considered canvassed for purposes of subd. 1. only after all tasks have been completed in the canvassing process except for the tallying of votes.

SB685,,76 (e) When the meeting of the board of absentee ballot canvassers recesses on the day before the election, the board of absentee ballot canvassers shall secure the automatic tabulating equipment, and the areas where the programmed media, memory devices, and absentee ballots are housed, with tamper-evident security seals in a double-lock location such as a locked cabinet inside a locked office. Before resuming the canvassing of ballots on election day, the board of absentee ballot canvassers shall check and record the status of each tamper-evident seal. The board of absentee ballot canvassers shall immediately notify the commission of any evidence of tampering. If the board of absentee ballot canvassers discovers evidence of tampering with respect to automatic tabulating equipment, the canvass may not resume until the equipment is replaced and the replacement equipment is tested as provided in s. 5.84, except that public notice need not be provided 48 hours prior to the test. If the board of absentee ballot canvassers discovers evidence of tampering under this paragraph, the commission shall verify the accuracy of the absentee ballot count in the municipality in the election by doing all of the following:

SB685,,77 1. Ordering the municipality to conduct a recount after the election of all absentee ballots cast in the municipality in the election. The commission’s order shall establish procedures for the recount consistent with s. 9.01.

SB685,,78 2. Auditing the election equipment in the same manner as audits are conducted under s. 7.08 (6).

SB685,,79 (f) Votes on absentee ballots canvassed under this section may not be tallied until after the polls close on election day.

SB685,,80 (g) No person may intentionally act in a manner that would give him or her the ability to know or to provide information on the tallied results from the ballots canvassed under this section before the polls close on election day. Whoever intentionally violates this paragraph is guilty of a Class I felony.

SB685,,81 (h) Canvassing absentee ballots on the day before the election under this section is optional except for each spring and general election and each special election or recall election if the special or recall election is for a state or national office.

SB685,30 Section 30. 7.52 (2) of the statutes is amended to read:

SB685,,83 7.52 (2) In counting the absentee ballots, the board of absentee ballot canvassers shall use 2 duplicate copies of a single poll list for the entire municipality prepared in accordance with s. 6.36 (2). Upon accepting reviewing each absentee ballot certificate envelope to ensure that it satisfies all applicable legal requirements, the board of absentee ballot canvassers shall enter a poll list sequential count number on the poll list next to the name of the elector who voted the ballot, beginning with the number one. If the elector’s name does not appear on the poll list, the board of absentee ballot canvassers shall enter the number on a separate list maintained under this subsection. The board of absentee ballot canvassers shall record each elector’s sequential count number on the face of the elector’s certificate envelope.

SB685,31 Section 31. 7.52 (3) (a) of the statutes is amended to read:

SB685,,85 7.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier envelope only, and, in such a manner that a member of the public, if he or she desired, could hear, 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 board of absentee ballot canvassers finds that the certification has been properly executed and the applicant is a qualified elector of the ward or election district, the board of absentee ballot canvassers shall enter an indication, including the elector’s sequential count number as provided under sub. (2), on the poll list next to the applicant’s name indicating an absentee ballot is cast by the elector. The board of absentee ballot canvassers shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The board of absentee ballot canvassers shall take out the ballot without unfolding it or permitting it to be unfolded or examined and shall remove the ballot from the certificate envelope without viewing who the elector voted for. Unless the ballot is cast under s. 6.95, the board of absentee ballot canvassers shall verify that the ballot has been endorsed by the issuing clerk. If the poll list indicates that proof of residence 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 board of absentee ballot canvassers shall proceed as provided under s. 6.97 (2). The board of absentee ballot canvassers shall mark the poll list number of each elector who casts an absentee ballot on the back of the elector’s ballot. The board of absentee ballot canvassers shall then deposit the ballot into the proper ballot box and enter the absent elector’s name or poll list number after his or her name on the poll list or automatic tabulating equipment.

SB685,32 Section 32. 7.52 (4) (a) of the statutes is amended to read:

SB685,,87 7.52 (4) (a) The board of absentee ballot canvassers shall then open the ballot box and remove and count the number of ballots therein without examination except as is necessary to ascertain that each is a single ballot. If 2 or more ballots are folded together so as to appear as a single ballot, the board of absentee ballot canvassers shall lay them aside until the count is completed; and if, after a comparison of the count and the appearance of the ballots it appears to the board of absentee ballot canvassers that the ballots folded together were voted by the same person they shall not be counted but the board of absentee ballot canvassers shall mark them as to the reason for removal, set them aside, and carefully preserve them. The board of absentee ballot canvassers shall then proceed under par. (b).

SB685,33 Section 33. 7.52 (9) of the statutes is amended to read:

SB685,,89 7.52 (9) The governing body of any municipality that has provided by ordinance enacted under sub. (1) (a) 1. for the canvassing of absentee ballots at all elections held in the municipality under this section may by similar action rescind that decision. Thereafter, the absentee ballots at all elections held in the municipality shall be canvassed as provided in s. 6.88.

SB685,34 Section 34. 7.52 (10) of the statutes is created to read:

SB685,,91 7.52 (10) A member of the board of absentee ballot canvassers or other election official who willfully neglects or refuses to perform any of the duties prescribed under this section is guilty of a Class I felony.

SB685,35 Section 35. 7.52 (11) of the statutes is created to read:

SB685,,93 7.52 (11) An ordinance under sub. (1) may not take effect less than 60 days before an election.

SB685,36 Section 36. 54.25 (2) (c) 1. g. of the statutes is amended to read:

SB685,,95 54.25 (2) (c) 1. g. The right to register to vote or to vote in an election, if the court finds that the individual is incapable of understanding the objective of the elective process. Also, in accordance with s. 6.03 (3), any elector of a municipality may petition the circuit court for a determination that an individual residing in the municipality is incapable of understanding the objective of the elective process and thereby ineligible to register to vote or to vote in an election. This determination shall be made by the court in accordance with the procedures specified in this paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall be limited to a determination as to voting eligibility. The appointment of a guardian is not required for an individual whose sole limitation is ineligibility to vote. The No later than one business day after the date of a determination, the court shall notify the elections commission by electronic means of the determination of the court. In addition, the determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for determining challenges to registration and voting that may be directed against that elector. The determination may be reviewed as provided in s. 54.64 (2) and. The court shall notify election official or agency charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for determining challenges to registration and voting that may be directed against that elector of any subsequent determination of the court shall be likewise communicated by the clerk of court no later than one business day after the determination. All notices provided under this subd. 1. g. shall include the full name; address, including city, state, and zip code; and date of birth of the individual subject to the determination. If the court appoints a guardian for an individual who is ineligible to vote, the guardian shall report an address change for the individual to the court within 10 business days of the change and the court shall notify the elections commission by electronic means of that address change using the methods described in this subd. 1. g. no later than one business day after receiving the information.

SB685,37 Section 37. 66.0512 of the statutes is created to read:

SB685,,97 66.0512 Whistleblower protection for certain disclosures made by municipal clerks. No municipal clerk may be discharged, disciplined, demoted, or otherwise discriminated against in regard to employment, or threatened with any such treatment, as a reprisal because the clerk lawfully reported, or is believed to have reported, witnessing what the clerk reasonably believed to be election fraud or irregularities. For purposes of this section, “lawfully reported” means a report of information the disclosure of which is not expressly prohibited by state or federal law, rule, or regulation.

SB685,38 Section 38. 756.04 (11) (am) of the statutes is created to read:

SB685,,99 756.04 (11) (am) Notwithstanding par. (a), each clerk of circuit court shall notify the appropriate county clerk or board of election commissioners and the elections commission of any prospective juror included on the list of prospective jurors received by the clerk of circuit court under sub. (3m) whose returned juror qualification form shows that the person is not qualified for jury service in that circuit under s. 756.02 because the person either is not a U.S. citizen or does not live in the circuit for which he or she was called for jury duty. The clerk of circuit court shall determine the appropriate county clerk or board of election commissioners for notification under this paragraph on the basis of the address information used for mailing the juror qualification forms. Unless otherwise ordered by a court upon a showing of good cause, notifications provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).

SB685,39 Section 39. Nonstatutory provisions.

SB685,,101 (1) Citizenship verification. The elections commission shall verify the citizenship of all electors on the official registration list as soon as practicable after the effective date of this subsection using the information provided by the department of transportation under s. 5.056.

SB685,,102 (end)