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SB685,5 10Section 5 . 5.84 (1) of the statutes is amended to read:
SB685,9,511 5.84 (1) Where any municipality employs an electronic voting system which
12that utilizes automatic tabulating equipment, either at the polling place or at a
13central counting location,
the municipal clerk shall, on any day not more than 10
14days prior to the election day on which the equipment is to be utilized in an election,
15have the equipment tested to ascertain that it will correctly count the votes cast for
16all offices and on all measures. Public notice of the time and place of the test shall
17be given by the clerk at least 48 hours prior to the test by posting notice on the
18municipality's website if it has one and
by publication of a class 1 notice under ch.
19985 in one or more newspapers published within the municipality if a newspaper is
20published therein, otherwise in a newspaper of general circulation therein. The test
21shall be open to the public. The test shall be conducted by processing a preaudited
22group of ballots so marked as to record a predetermined number of valid votes for
23each candidate and on each referendum. The test shall include for each office one
24or more ballots which have votes in excess of the number allowed by law and, for a
25partisan primary election, one or more ballots which have votes cast for candidates

1of more than one recognized political party, in order to test the ability of the
2automatic tabulating equipment to reject such votes. If any error is detected, the
3municipal clerk shall ascertain the cause and correct the error. The clerk shall make
4an errorless count before the automatic tabulating equipment is approved by the
5clerk for use in the election.
SB685,6 6Section 6 . 5.84 (2) of the statutes is amended to read:
SB685,9,127 5.84 (2) Before beginning the ballot count at each polling place or at the central
8counting location
, the election officials shall witness a test of the automatic
9tabulating equipment by engaging the printing mechanism and securing a printed
10result showing a zero count for every candidate and referendum. After the
11completion of the count, the ballots and programs used shall be sealed and retained
12under the custody of the municipal clerk in a secure location.
SB685,7 13Section 7 . 5.85 (1) of the statutes is amended to read:
SB685,9,2514 5.85 (1) At any polling place at which an electronic voting system is utilized,
15the following procedures for receiving, counting, tallying, and return of the ballots
16shall be used. Whenever paper ballots are utilized at a polling place in combination
17with ballots employed in an electronic voting system, the paper ballots shall be
18deposited in a separate ballot box or boxes, according to the types of ballots used. For
19the purpose of transporting the ballots or the record of the votes cast, the municipal
20clerk shall provide a secure container for each polling place. At each polling place,
21the applicable portions of the procedure prescribed for initiating the canvass under
22s. 7.51 (1) and (2) shall be performed, except that no count of the ballots, except
23write-in votes and paper ballots used for absentee voting and other purposes
24authorized by law, may be performed at a polling place if a central counting location
25is designated for the counting of ballots at that polling place by the municipality
.
SB685,8
1Section 8. 5.85 (5) of the statutes is repealed.
SB685,9 2Section 9 . 5.86 of the statutes is repealed.
SB685,10 3Section 10 . 5.87 (1) of the statutes is amended to read:
SB685,10,124 5.87 (1) If a central counting location is not utilized, the The procedure for
5tabulating the votes by the automatic tabulating equipment shall be under the
6direction of the chief inspector and shall conform to the requirements of the
7automatic tabulating equipment. If any ballot is not accepted by the automatic
8tabulating equipment, the election officials shall make a duplicate ballot to replace
9that ballot in the manner prescribed in s. 5.85 (3). All proceedings at the polling place
10and at any central counting location shall be open to the public, but no person, except
11those employed and authorized for the purpose, may touch any ballot, container,
12envelope, return, or equipment.
SB685,11 13Section 11 . 5.91 (17) of the statutes is amended to read:
SB685,10,1814 5.91 (17) Unless the ballot is counted at a central counting location, it It
15includes a mechanism for notifying an elector who attempts to cast an excess number
16of votes for a single office that his or her votes for that office will not be counted, and
17provides the elector with an opportunity to correct his or her ballot or to receive and
18cast a replacement ballot.
SB685,12 19Section 12 . 6.15 (4) (a) of the statutes is amended to read:
SB685,10,2420 6.15 (4) (a) Clerks holding new resident ballots shall deliver them to the
21election inspectors in the proper ward or election district where the new residents
22reside or, in municipalities where absentee ballots are canvassed under s. 7.52, to the
23municipal board of absentee ballot canvassers when it convenes at a meeting
24convened
under s. 7.52 (1), as provided by s. 6.88 for absentee ballots.
SB685,13 25Section 13 . 6.15 (4) (b) of the statutes is amended to read:
SB685,11,6
16.15 (4) (b) During polling hours, or on the day before the election under s. 6.88
2(4),
the inspectors shall open each carrier envelope, announce the elector's name,
3check the affidavit for proper execution, and check the voting qualifications for the
4ward, if any. In municipalities where absentee ballots are canvassed under s. 7.52,
5the municipal board of absentee ballot canvassers shall perform this function at a
6meeting of the board of absentee ballot canvassers.
SB685,14 7Section 14 . 6.29 (2) (am) of the statutes is amended to read:
SB685,11,228 6.29 (2) (am) The commission shall provide to each municipal clerk a list
9prepared for use at each municipal clerk's office showing the name and address of
10each person whose name appears on the list provided by the department of
11corrections under s. 301.03 (20m) as ineligible to vote, or whose registration status
12is inactive under s. 5.057 (1) (a),
on the date of the election, whose address is located
13in the municipality, and whose name does not appear on the registration list for that
14municipality. Prior to permitting an elector to register to vote under this subsection,
15the municipal clerk shall review the list. If the name of an elector who wishes to
16register to vote appears on the list, the municipal clerk shall inform the elector that
17the elector is ineligible to register to vote. If the elector maintains that he or she is
18eligible to vote in the election, the municipal clerk shall permit the elector to register
19to vote but shall mark the elector's registration form as “ineligible to vote per
20Department of Corrections
as a disqualified elector under s. 6.03." If the elector
21wishes to vote, the municipal clerk shall challenge the elector's ballot in the same
22manner as provided for inspectors who challenge ballots under s. 6.79 (2) (dm).
SB685,15 23Section 15 . 6.55 (2) (cs) of the statutes is amended to read:
SB685,12,1524 6.55 (2) (cs) The commission shall provide to each municipal clerk a list
25prepared for use at each polling place showing the name and address of each person

1whose name appears on the list provided by the department of corrections under s.
2301.03 (20m) as ineligible to vote, or whose registration status is inactive under s.
35.057 (1) (a),
on the date of the election, whose address is located in the area served
4by that polling place, and whose name does not appear on the poll list for that polling
5place. Prior to permitting an elector to register to vote under this subsection or s. 6.86
6(3) (a) 2., the inspectors or election registration officials shall review the list. If the
7name of an elector who wishes to register to vote appears on the list, the inspectors
8or election registration officials shall inform the elector or the elector's agent that the
9elector is ineligible to register to vote. If the elector or the elector's agent maintains
10that the elector is eligible to vote in the election, the inspectors or election
11registration officials shall permit the elector to register but shall mark the elector's
12registration form as “ineligible to vote per Department of Corrections as a
13disqualified elector under s. 6.03
." If the elector wishes to vote, the inspectors shall
14require the elector to vote by ballot and shall challenge the ballot as provided in s.
156.79 (2) (dm).
SB685,16 16Section 16 . 6.56 (3m) of the statutes is amended to read:
SB685,13,617 6.56 (3m) As soon as possible after all information relating to registrations
18after the close of registration for an election is entered on the registration list
19following the election under s. 6.33 (5) (a), the commission shall compare the list of
20new registrants whose names do not appear on the poll lists for the election because
21the names were added after the commission certified the poll lists for use at the
22election with the list containing the names transmitted to the commission by the
23department of corrections under s. 301.03 (20m) as of election day and with the
24names provided in the notices of ineligibility received under s. 54.25 (2) (c) 1. g
. If
25the commission finds that the name of any person whose name appears on the list

1transmitted under s. 301.03 (20m), or in a notice of ineligibility received under s.
254.25 (2) (c) 1. g.,
has been added to the registration list, the commission shall enter
3on the list the information transmitted to the commission under s. 301.03 (20m) or
4received under s. 54.25 (2) (c) 1. g.
and shall notify the district attorney for the county
5where the polling place is located that the person appears to have voted illegally at
6the election.
SB685,17 7Section 17 . 6.79 (2) (dm) of the statutes is amended to read:
SB685,13,148 6.79 (2) (dm) If the poll list indicates that the elector is ineligible to vote because
9the elector's name appears on the current list provided by the department of
10corrections under s. 301.03 (20m)
of ineligible electors, the inspectors shall inform
11the elector of this fact. If the elector maintains that he or she is eligible to vote in the
12election, the inspectors shall provide the elector with a ballot and, after the elector
13casts his or her vote, shall challenge the ballot as provided in s. 6.92 and treat the
14ballot in the manner provided in s. 6.95.
SB685,18 15Section 18 . 6.86 (1) (b) of the statutes is amended to read:
SB685,14,1516 6.86 (1) (b) Except as provided in this section, if application is made by mail,
17the application shall be received no later than 5 p.m. on the 5th day immediately
18preceding the election. If application is made in person, the application shall be
19made no earlier than 14 days preceding the election and no later than the Sunday
20preceding the election. No application may be received on a legal holiday. A
21municipality shall specify the hours in the notice under s. 10.01 (2) (e). The
22municipal clerk or an election official shall witness the certificate for any in-person
23absentee ballot cast. Except as provided in par. (c), if the elector is making written
24application for an absentee ballot at the partisan primary, the general election, the
25presidential preference primary, or a special election for national office, and the

1application indicates that the elector is a military elector, as defined in s. 6.34 (1), the
2application shall be received by the municipal clerk no later than 5 p.m. on election
3day. If the application indicates that the reason for requesting an absentee ballot is
4that the elector is a sequestered juror, the application shall be received no later than
55 p.m. on election day. If the application is received after 5 p.m. on the Friday
6immediately preceding the election, the municipal clerk or the clerk's agent shall
7immediately take the ballot to the court in which the elector is serving as a juror and
8deposit it with the judge. The judge shall recess court, as soon as convenient, and
9give the elector the ballot. The judge shall then witness the voting procedure as
10provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who
11shall deliver it to the polling place election inspectors of the proper ward or election
12district
or, in municipalities where absentee ballots are canvassed under s. 7.52, to
13the municipal clerk as required in s. 6.88. If application is made under sub. (2) or
14(2m), the application may be received no later than 5 p.m. on the Friday immediately
15preceding the election.
SB685,19 16Section 19 . 6.87 (6) of the statutes is amended to read:
SB685,14,2317 6.87 (6) The ballot shall be returned so it is delivered to the polling place
18election inspectors of the proper ward or election district no later than 8 p.m. on
19election day. Except in municipalities where absentee ballots are canvassed under
20s. 7.52, if the municipal clerk receives an absentee ballot on election day, the clerk
21shall secure the ballot and cause the ballot to be delivered to the polling place serving
22the elector's residence before 8 p.m. Any ballot not mailed or delivered as provided
23in this subsection may not be counted.
SB685,20 24Section 20 . 6.88 (1) of the statutes is amended to read:
SB685,15,16
16.88 (1) When an absentee ballot arrives at the office of the municipal clerk,
2or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it,
3unopened, in a carrier envelope which shall be securely sealed and endorsed with the
4name and official title of the clerk, and the words “This envelope contains the ballot
5of an absent elector and must be opened in the same room where votes are being cast
6at the polls during polling hours on election day or, in municipalities where absentee
7ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of
8absentee ballot canvassers under s. 7.52, stats
only as provided by law." If the elector
9is a military elector, as defined in s. 6.34 (1), or an overseas elector, regardless of
10whether the elector qualifies as a resident of this state under s. 6.10, and the ballot
11was received by the elector by facsimile transmission or electronic mail and is
12accompanied by a separate certificate, the clerk shall enclose the ballot in a
13certificate envelope and securely append the completed certificate to the outside of
14the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep
15the ballot in the clerk's office or at the alternate site, if applicable until delivered, as
16required in sub. (2).
SB685,21 17Section 21 . 6.88 (2) of the statutes is amended to read:
SB685,16,518 6.88 (2) When an absentee ballot is received by the municipal clerk prior to the
19delivery of the official ballots to the election officials of the ward in which the elector
20resides or, where absentee ballots are canvassed under s. 7.52, to the municipal board
21of absentee ballot canvassers, the municipal clerk shall seal the ballot envelope in
22the carrier envelope as provided under sub. (1), and shall enclose the envelope in a
23package and deliver the package to the election inspectors of the proper ward or
24election district or, in municipalities where absentee ballots are canvassed under s.
257.52, to the municipal board of absentee ballot canvassers when it convenes at a

1meeting convened
under s. 7.52 (1). When the official ballots for the ward or election
2district have been delivered to the election inspectors before the receipt of an
3absentee ballot, the clerk shall immediately enclose the envelope containing the
4absentee ballot in a carrier envelope as provided under sub. (1) and deliver it in
5person to the proper election officials.
SB685,22 6Section 22. 6.88 (4) of the statutes is created to read:
SB685,16,97 6.88 (4) (a) 1. The governing body of any municipality not specified in s. 7.52
8(1) (a) may provide by ordinance that absentee ballots received by the municipal clerk
9may be canvassed on the day before the election.
SB685,16,1210 2. Prior to enacting an ordinance under subd. 1., the municipal clerk shall
11notify the commission in writing of the proposed enactment and shall consult with
12the commission concerning administration of this subsection.
SB685,16,1513 (am) In any municipality having an ordinance under par. (a), subject to pars.
14(b) to (f), the election inspectors may convene a meeting to begin canvassing absentee
15ballots beginning at 7 a.m. on the day before the election.
SB685,16,2016 (b) The municipal clerk shall give at least 60 days' notice of a meeting under
17this subsection. Any member of the public has the same right of access to observe
18the proceedings at a meeting under this subsection that the individual would have
19under s. 7.41. The election inspectors may order the removal of any individual
20exercising the right to observe the proceedings if the individual disrupts the meeting.
SB685,17,721 (c) 1. At 7 a.m., noon, and 8 p.m. on the day before the election, and at 7 a.m.,
22noon, and 8 p.m. on election day, the municipal clerk or his or her designee or
23municipal board of election inspectors shall provide to the county clerk of the county
24in which the municipality is located or the county board of election inspectors a
25statement that shows the total number of absentee ballots returned to the

1municipality and the total number of absentee ballots the election inspectors have
2canvassed under this subsection. The county clerk or county board of election
3inspectors shall promptly post each statement on the website on which returns for
4the county are posted on election night under s. 7.60. In a municipality having a
5municipal board of election inspectors, the statement required under this paragraph
6shall also be posted on the website maintained by the municipal board of election
7inspectors. The statement may not include the names or addresses of any electors.
SB685,17,108 2. An absentee ballot shall be considered canvassed for purposes of subd. 1. only
9after all tasks have been completed in the canvassing process except for the tallying
10of votes.
SB685,17,2411 (d) When the meeting of the election inspectors recesses on the day before the
12election, the election inspectors shall secure the automatic tabulating equipment,
13and the areas where the programmed media, memory devices, and absentee ballots
14are housed, with tamper-evident security seals in a double-lock location such as a
15locked cabinet inside a locked office. Before resuming the canvassing of absentee
16ballots on election day, the election inspectors shall check and record the status of
17each tamper-evident seal. The election inspectors shall immediately notify the
18commission of any evidence of tampering. If the election inspectors discover evidence
19of tampering with respect to automatic tabulating equipment, the canvass may not
20resume until the equipment is replaced and the replacement equipment is tested as
21provided in s. 5.84, except that public notice need not be provided 48 hours prior to
22the test. If the election inspectors discover evidence of tampering under this
23paragraph, the commission shall verify the accuracy of the absentee ballot count in
24the municipality in the election by doing all of the following:
SB685,18,3
11. Ordering the municipality to conduct a recount after the election of all
2absentee ballots cast in the municipality in the election. The commission's order
3shall establish procedures for the recount consistent with s. 9.01.
SB685,18,54 2. Auditing the election equipment in the same manner as audits are conducted
5under s. 7.08 (6).
SB685,18,76 (e) Votes on absentee ballots canvassed under this subsection may not be tallied
7until after the polls close on election day.
SB685,18,118 (f) No person may intentionally act in a manner that would give him or her the
9ability to know or to provide information on the tallied results from the ballots
10canvassed under this subsection before the polls close on election day. Whoever
11intentionally violates this paragraph is guilty of a Class I felony.
SB685,18,1312 (g) An ordinance under par. (a) may not take effect less than 60 days before an
13election.
SB685,23 14Section 23 . 7.03 (1) (c) of the statutes is repealed.
SB685,24 15Section 24 . 7.15 (1) (cm) of the statutes is amended to read:
SB685,19,716 7.15 (1) (cm) Prepare official absentee ballots for delivery to electors requesting
17them, and except as provided in this paragraph, send an official absentee ballot to
18each elector who has requested a ballot by mail, and
to each military elector, as
19defined in s. 6.34 (1), and overseas elector who has requested a ballot by mail,
20electronic mail, or facsimile transmission, no later than the 47th 45th day before
21each partisan primary, presidential preference primary, special primary or election,
22and general election and no later than the 21st day before each other primary and
23election if the request is made before that day
; otherwise, the municipal clerk shall
24send or transmit an official absentee ballot within one business day of the time the
25military or overseas elector's request for such a ballot is received. The clerk shall

1send or transmit an absentee ballot for the presidential preference primary to each
2elector who has requested that
to all other electors requesting a ballot no later than
3the 47th 21st day before the presidential preference primary or election if the request
4is made before that day, or, if the request is not made before that day, within one
5business day of the time the request is received. For purposes of this paragraph,
6“business day" means any day from Monday to Friday, not including a legal holiday
7under s. 995.20.
SB685,25 8Section 25. 7.15 (16) of the statutes is created to read:
SB685,19,199 7.15 (16) Election night reporting. (a) At 9 p.m. on election night, and every
10hour thereafter until the canvass is complete, the municipal clerk or his or her
11designee shall provide to the county clerk of the county in which the municipality is
12located a statement that shows the total number of ballots, including absentee
13ballots, cast at the municipality in the election, the total number of ballots, including
14absentee ballots, that have been canvassed, and the total number of ballots,
15including absentee ballots, that remain to be canvassed. The county clerk shall
16promptly post each statement on the website on which the county posts returns on
17election night under s. 7.60. In a 1st class city, the municipal clerk shall post the
18statement required under this subsection on the clerk's website. The statement may
19not include the names or addresses of any electors.
SB685,19,2220 (b) An absentee ballot may be considered canvassed for purposes of par. (a) only
21after all tasks have been completed in the canvassing process except for the tallying
22of votes.
SB685,26 23Section 26 . 7.37 (12) of the statutes is amended to read:
SB685,20,224 7.37 (12) Canvassers. The election inspectors shall constitute the board of
25canvassers of their polling place and in that capacity shall perform the duties under

1s. 7.51, except as otherwise designated by the municipal clerk under ss. s. 5.85 and
25.86
.
SB685,27 3Section 27 . 7.51 (1) of the statutes is amended to read:
SB685,20,204 7.51 (1) Canvass procedure. Immediately after the polls close the inspectors
5except any inspector appointed under s. 7.30 (1) (b) shall proceed to canvass publicly
6all votes received at the polling place. In any municipality where an electronic voting
7system is used, the municipal governing body or board of election commissioners may
8provide or authorize the municipal clerk or executive director of the board of election
9commissioners to provide for the adjournment of the canvass to one or more central
10counting locations for specified polling places in the manner prescribed in subch. III
11of ch. 5. No central counting location may be used to count votes at a polling place
12where an electronic voting system is not employed.
The canvass , whether conducted
13at the polling place or at a central counting location,
shall continue without
14adjournment until the canvass of all ballots cast and received on or before election
15day is completed and the return statement is made or, in municipalities where
16absentee ballots are canvassed under s. 7.52, until the canvass of all absentee ballots
17cast and received on or before election day is completed and the return statement for
18those ballots is made. The inspectors shall not permit access to the name of any
19elector who has obtained a confidential listing under s. 6.47 (2) during the canvass,
20except as authorized in s. 6.47 (8).
SB685,28 21Section 28 . 7.52 (1) (a) of the statutes is renumbered 7.52 (1) (a) 1. and
22amended to read:
SB685,21,1523 7.52 (1) (a) 1. The governing body of any municipality may provide by ordinance
24that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
25municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,

1at each election held in the municipality, canvass all absentee ballots received by the
2municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this
3subsection subdivision, the municipal clerk or board of election commissioners of the
4municipality shall notify the elections commission in writing of the proposed
5enactment and shall consult with the elections commission concerning
6administration of this section. At Except as provided under par. (h), at every election
7held in the municipality following enactment of an ordinance under this subsection
8subdivision, the board of absentee ballot canvassers shall, any time after the opening
9of the polls and before 10 p.m. on election day,
publicly convene at 7 a.m. on the day
10before the election
to count the begin the canvass of absentee ballots for the
11municipality and may not recess until 8 p.m. on that day, or at such time when there
12are no further absentee ballots to be processed on that day, whichever is earlier, at
13which time the meeting shall recess; the meeting shall reconvene at 7 a.m. on election
14day and continue until all absentee ballots received by the municipal clerk by 8 p.m.
15on election day have been canvassed
.
SB685,21,22 162. The municipal clerk shall give at least 48 hours' 60 days' notice of any the
17meeting under this subsection. Any member of the public has the same right of
18access to a meeting of the municipal board of absentee ballot canvassers under this
19subsection that the individual would have under s. 7.41 to observe the proceedings
20at a polling place. The board of absentee ballot canvassers may order the removal
21of any individual exercising the right to observe the proceedings if the individual
22disrupts the meeting.
SB685,29 23Section 29 . 7.52 (1) (d) to (h) of the statutes are created to read:
SB685,22,1124 7.52 (1) (d) 1. At 7 a.m., noon, and 8 p.m. on the day before the election, and
25at 7 a.m., noon, and 8 p.m. on election day, the municipal clerk or his or her designee

1or municipal board of election inspectors shall provide to the county clerk of the
2county in which the municipality is located or the county board of election inspectors
3a statement that shows the total number of absentee ballots returned to the
4municipality and the total number of absentee ballots the municipal board of
5absentee ballot canvassers has canvassed under this subsection. The county clerk
6or county board of election inspectors shall promptly post each statement on the
7website on which returns for the county are posted on election night under s. 7.60.
8In a municipality having a municipal board of election inspectors, the statement
9required under this paragraph shall also be posted on the website maintained by the
10municipal board of election inspectors. The statement may not include the names
11or addresses of any electors.
SB685,22,1412 2. An absentee ballot shall be considered canvassed for purposes of subd. 1. only
13after all tasks have been completed in the canvassing process except for the tallying
14of votes.
SB685,23,415 (e) When the meeting of the board of absentee ballot canvassers recesses on the
16day before the election, the board of absentee ballot canvassers shall secure the
17automatic tabulating equipment, and the areas where the programmed media,
18memory devices, and absentee ballots are housed, with tamper-evident security
19seals in a double-lock location such as a locked cabinet inside a locked office. Before
20resuming the canvassing of ballots on election day, the board of absentee ballot
21canvassers shall check and record the status of each tamper-evident seal. The board
22of absentee ballot canvassers shall immediately notify the commission of any
23evidence of tampering. If the board of absentee ballot canvassers discovers evidence
24of tampering with respect to automatic tabulating equipment, the canvass may not
25resume until the equipment is replaced and the replacement equipment is tested as

1provided in s. 5.84, except that public notice need not be provided 48 hours prior to
2the test. If the board of absentee ballot canvassers discovers evidence of tampering
3under this paragraph, the commission shall verify the accuracy of the absentee ballot
4count in the municipality in the election by doing all of the following:
SB685,23,75 1. Ordering the municipality to conduct a recount after the election of all
6absentee ballots cast in the municipality in the election. The commission's order
7shall establish procedures for the recount consistent with s. 9.01.
SB685,23,98 2. Auditing the election equipment in the same manner as audits are conducted
9under s. 7.08 (6).
SB685,23,1110 (f) Votes on absentee ballots canvassed under this section may not be tallied
11until after the polls close on election day.
SB685,23,1512 (g) No person may intentionally act in a manner that would give him or her the
13ability to know or to provide information on the tallied results from the ballots
14canvassed under this section before the polls close on election day. Whoever
15intentionally violates this paragraph is guilty of a Class I felony.
SB685,23,1816 (h) Canvassing absentee ballots on the day before the election under this
17section is optional except for each spring and general election and each special
18election or recall election if the special or recall election is for a state or national office.
SB685,30 19Section 30 . 7.52 (2) of the statutes is amended to read:
SB685,24,520 7.52 (2) In counting the absentee ballots, the board of absentee ballot
21canvassers shall use 2 duplicate copies of a single poll list for the entire municipality
22prepared in accordance with s. 6.36 (2). Upon accepting reviewing each absentee
23ballot certificate envelope to ensure that it satisfies all applicable legal
24requirements
, the board of absentee ballot canvassers shall enter a poll list
25sequential count number on the poll list next to the name of the elector who voted

1the ballot, beginning with the number one. If the elector's name does not appear on
2the poll list, the board of absentee ballot canvassers shall enter the number on a
3separate list maintained under this subsection. The board of absentee ballot
4canvassers shall record each elector's sequential count number on the face of the
5elector's certificate envelope.
SB685,31 6Section 31 . 7.52 (3) (a) of the statutes is amended to read:
SB685,25,57 7.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier
8envelope only, and, in such a manner that a member of the public, if he or she desired,
9could hear, announce the name of the absent elector or the identification serial
10number of the absent elector if the elector has a confidential listing under s. 6.47 (2).
11When the board of absentee ballot canvassers finds that the certification has been
12properly executed and the applicant is a qualified elector of the ward or election
13district, the board of absentee ballot canvassers shall enter an indication, including
14the elector's sequential count number as provided under sub. (2),
on the poll list next
15to the applicant's name indicating an absentee ballot is cast by the elector. The board
16of absentee ballot canvassers shall then open the envelope containing the ballot in
17a manner so as not to deface or destroy the certification thereon . The board of
18absentee ballot canvassers shall take out the ballot without unfolding it or
19permitting it to be unfolded or examined
and shall remove the ballot from the
20certificate envelope without viewing who the elector voted for
. Unless the ballot is
21cast under s. 6.95, the board of absentee ballot canvassers shall verify that the ballot
22has been endorsed by the issuing clerk. If the poll list indicates that proof of
23residence is required and no proof of residence is enclosed or the name or address on
24the document that is provided is not the same as the name and address shown on the
25poll list, the board of absentee ballot canvassers shall proceed as provided under s.

16.97 (2). The board of absentee ballot canvassers shall mark the poll list number of
2each elector who casts an absentee ballot on the back of the elector's ballot.
The board
3of absentee ballot canvassers shall then deposit the ballot into the proper ballot box
4and enter the absent elector's name or poll list number after his or her name on the
5poll list
or automatic tabulating equipment.
SB685,32 6Section 32 . 7.52 (4) (a) of the statutes is amended to read:
SB685,25,167 7.52 (4) (a) The board of absentee ballot canvassers shall then open the ballot
8box and remove and
count the number of ballots therein without examination except
9as is necessary to ascertain that each is a single ballot. If 2 or more ballots are folded
10together so as to appear as a single ballot, the board of absentee ballot canvassers
11shall lay them aside until the count is completed; and if, after a comparison of the
12count and the appearance of the ballots it appears to the board of absentee ballot
13canvassers that the ballots folded together were voted by the same person they shall
14not be counted but the board of absentee ballot canvassers shall mark them as to the
15reason for removal, set them aside, and carefully preserve them. The board of
16absentee ballot canvassers shall then proceed under par. (b).
SB685,33 17Section 33 . 7.52 (9) of the statutes is amended to read:
SB685,25,2218 7.52 (9) The governing body of any municipality that has provided by ordinance
19enacted under sub. (1) (a) 1. for the canvassing of absentee ballots at all elections held
20in the municipality under this section may by similar action rescind that decision.
21Thereafter, the absentee ballots at all elections held in the municipality shall be
22canvassed as provided in s. 6.88.
SB685,34 23Section 34 . 7.52 (10) of the statutes is created to read:
SB685,26,3
17.52 (10) A member of the board of absentee ballot canvassers or other election
2official who willfully neglects or refuses to perform any of the duties prescribed under
3this section is guilty of a Class I felony.
SB685,35 4Section 35. 7.52 (11) of the statutes is created to read:
SB685,26,65 7.52 (11) An ordinance under sub. (1) may not take effect less than 60 days
6before an election.
SB685,36 7Section 36 . 54.25 (2) (c) 1. g. of the statutes is amended to read:
SB685,27,108 54.25 (2) (c) 1. g. The right to register to vote or to vote in an election, if the court
9finds that the individual is incapable of understanding the objective of the elective
10process. Also, in accordance with s. 6.03 (3), any elector of a municipality may
11petition the circuit court for a determination that an individual residing in the
12municipality is incapable of understanding the objective of the elective process and
13thereby ineligible to register to vote or to vote in an election. This determination
14shall be made by the court in accordance with the procedures specified in this
15paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall
16be limited to a determination as to voting eligibility. The appointment of a guardian
17is not required for an individual whose sole limitation is ineligibility to vote. The No
18later than one business day after the date of a determination, the court shall notify
19the elections commission by electronic means of the
determination of the court. In
20addition, the determination of the court
shall be communicated in writing by the
21clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, 6.93,
22or 7.52 (5) with the responsibility for determining challenges to registration and
23voting that may be directed against that elector. The determination may be reviewed
24as provided in s. 54.64 (2) and. The court shall notify election official or agency
25charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for

1determining challenges to registration and voting that may be directed against that
2elector of
any subsequent determination of the court shall be likewise communicated
3by the clerk of court
no later than one business day after the determination. All
4notices provided under this subd. 1. g. shall include the full name; address, including
5city, state, and zip code; and date of birth of the individual subject to the
6determination. If the court appoints a guardian for an individual who is ineligible
7to vote, the guardian shall report an address change for the individual to the court
8within 10 business days of the change and the court shall notify the elections
9commission by electronic means of that address change using the methods described
10in this subd. 1. g. no later than one business day after receiving the information
.
SB685,37 11Section 37 . 66.0512 of the statutes is created to read:
SB685,27,19 1266.0512 Whistleblower protection for certain disclosures made by
13municipal clerks.
No municipal clerk may be discharged, disciplined, demoted, or
14otherwise discriminated against in regard to employment, or threatened with any
15such treatment, as a reprisal because the clerk lawfully reported, or is believed to
16have reported, witnessing what the clerk reasonably believed to be election fraud or
17irregularities. For purposes of this section, “lawfully reported” means a report of
18information the disclosure of which is not expressly prohibited by state or federal law,
19rule, or regulation.
SB685,38 20Section 38 . 756.04 (11) (am) of the statutes is created to read:
SB685,28,821 756.04 (11) (am) Notwithstanding par. (a), each clerk of circuit court shall
22notify the appropriate county clerk or board of election commissioners and the
23elections commission of any prospective juror included on the list of prospective
24jurors received by the clerk of circuit court under sub. (3m) whose returned juror
25qualification form shows that the person is not qualified for jury service in that

1circuit under s. 756.02 because the person either is not a U.S. citizen or does not live
2in the circuit for which he or she was called for jury duty. The clerk of circuit court
3shall determine the appropriate county clerk or board of election commissioners for
4notification under this paragraph on the basis of the address information used for
5mailing the juror qualification forms. Unless otherwise ordered by a court upon a
6showing of good cause, notifications provided under this paragraph shall be kept
7confidential and are not subject to the right of inspection and copying under s. 19.35
8(1).
SB685,39 9Section 39 . Nonstatutory provisions.
SB685,28,1310 (1) Citizenship verification. The elections commission shall verify the
11citizenship of all electors on the official registration list as soon as practicable after
12the effective date of this subsection using the information provided by the
13department of transportation under s. 5.056.
SB685,28,1414 (End)
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