AB981,71,126
6.79
(1m) Separate poll lists. The municipal clerk may elect to maintain the
7information on the poll list manually or electronically. If the clerk elects to maintain
8the list electronically, an election official at each election ward shall be in charge of
9and shall maintain the poll list. The system employed to maintain the list
10electronically is subject to the approval of the
commission secretary of state. If the
11clerk elects to maintain the information manually, 2 election officials at each election
12ward shall be in charge of and shall maintain 2 separate poll lists.
AB981,167
13Section
167. 6.86 (2) (a) of the statutes is amended to read:
AB981,71,2114
6.86
(2) (a) An elector who is indefinitely confined because of age, physical
15illness or infirmity or is disabled for an indefinite period may by signing a statement
16to that effect require that an absentee ballot be sent to the elector automatically for
17every election. The application form and instructions shall be prescribed by the
18commission secretary of state, and furnished upon request to any elector by each
19municipality. The envelope containing the absentee ballot shall be clearly marked
20as not forwardable. If any elector is no longer indefinitely confined, the elector shall
21so notify the municipal clerk.
AB981,168
22Section
168. 6.86 (2m) (a) of the statutes is amended to read:
AB981,72,2323
6.86
(2m) (a) Except as provided in this subsection, any elector other than an
24elector who receives an absentee ballot under sub. (2) or s. 6.22 (4) or 6.24 (4) (c) may
25by written application filed with the municipal clerk of the municipality where the
1elector resides require that an absentee ballot be sent to the elector automatically for
2every election that is held within the same calendar year in which the application is
3filed. The application form and instructions shall be prescribed by the
commission 4secretary of state, and furnished upon request to any elector by each municipal clerk.
5The municipal clerk shall thereupon mail an absentee ballot to the elector for all
6elections that are held in the municipality during the same calendar year that the
7application is filed, except that the clerk shall not send an absentee ballot for an
8election if the elector's name appeared on the registration list in eligible status for
9a previous election following the date of the application but no longer appears on the
10list in eligible status. The municipal clerk shall ensure that any envelope containing
11the absentee ballot is clearly marked as not forwardable. If an elector who files an
12application under this subsection no longer resides at the same address that is
13indicated on the application form, the elector shall so notify the municipal clerk. The
14municipal clerk shall discontinue mailing absentee ballots to an elector under this
15subsection upon receipt of reliable information that the elector no longer qualifies as
16an elector of the municipality. In addition, the municipal clerk shall discontinue
17mailing absentee ballots to an elector under this subsection if the elector fails to
18return any absentee ballot mailed to the elector. The municipal clerk shall notify the
19elector of any such action not taken at the elector's request within 5 days, if possible.
20An elector who fails to cast an absentee ballot but who remains qualified to receive
21absentee ballots under this subsection may then receive absentee ballots for
22subsequent elections by notifying the municipal clerk that the elector wishes to
23continue receiving absentee ballots for subsequent elections.
AB981,169
24Section
169. 6.86 (3) (a) 1. of the statutes is amended to read:
AB981,73,16
16.86
(3) (a) 1. Any elector who is registered and who is hospitalized, may apply
2for and obtain an official ballot by agent. The agent may apply for and obtain a ballot
3for the hospitalized absent elector by presenting a form prescribed by the
commission 4secretary of state and containing the required information supplied by the
5hospitalized elector and signed by that elector, unless the elector is unable to sign due
6to physical disability. In this case, the elector may authorize another elector to sign
7on his or her behalf. Any elector signing an application on another elector's behalf
8shall attest to a statement that the application is made on request and by
9authorization of the named elector, who is unable to sign the application due to
10physical disability. The agent shall present this statement along with all other
11information required under this subdivision. Except as authorized for an elector who
12has a confidential listing under s. 6.47 (2) or as authorized under s. 6.87 (4) (b) 4., the
13agent shall present any proof of identification required under sub. (1) (ar). The form
14shall include a space for the municipal clerk or deputy clerk to enter his or her initials
15indicating that the agent presented proof of identification to the clerk on behalf of the
16elector.
AB981,170
17Section
170. 6.869 of the statutes is amended to read:
AB981,74,3
186.869 Uniform instructions. The
commission secretary of state shall
19prescribe uniform instructions for municipalities to provide to absentee electors. The
20instructions shall include the specific means of electronic communication that an
21absentee elector may use to file an application for an absentee ballot and, if the
22absentee elector is required to register, to request a registration form or change his
23or her registration. The instructions shall include information concerning whether
24proof of identification is required to be presented or enclosed. The instructions shall
25also include information concerning the procedure for correcting errors in marking
1a ballot and obtaining a replacement for a spoiled ballot. The procedure shall, to the
2extent possible, respect the privacy of each elector and preserve the confidentiality
3of each elector's vote.
AB981,171
4Section
171. 6.87 (3) (d) of the statutes is amended to read:
AB981,74,255
6.87
(3) (d) A municipal clerk shall, if the clerk is reliably informed by a military
6elector, as defined in s. 6.34 (1), or an overseas elector, regardless of whether the
7elector qualifies as a resident of this state under s. 6.10, of a facsimile transmission
8number or electronic mail address where the elector can receive an absentee ballot,
9transmit a facsimile or electronic copy of the elector's ballot to that elector in lieu of
10mailing under this subsection. An elector may receive an absentee ballot only if the
11elector is a military elector or an overseas elector and has filed a valid application
12for the ballot as provided in s. 6.86 (1). If the clerk transmits an absentee ballot to
13a military or overseas elector electronically, the clerk shall also transmit a facsimile
14or electronic copy of the text of the material that appears on the certificate envelope
15prescribed in sub. (2), together with instructions prescribed by the
commission 16secretary of state. The instructions shall require the military or overseas elector to
17make and subscribe to the certification as required under sub. (4) (b) and to enclose
18the absentee ballot in a separate envelope contained within a larger envelope, that
19shall include the completed certificate. The elector shall then affix sufficient postage
20unless the absentee ballot qualifies for mailing free of postage under federal free
21postage laws and shall mail the absentee ballot to the municipal clerk. Except as
22authorized in s. 6.97 (2), an absentee ballot received from a military or overseas
23elector who receives the ballot electronically shall not be counted unless it is cast in
24the manner prescribed in this paragraph and sub. (4) and in accordance with the
25instructions provided by the
commission secretary of state.
AB981,172
1Section
172. 6.875 (5) of the statutes is amended to read:
AB981,75,132
6.875
(5) Prior to entering upon his or her duties, each individual appointed
3to serve as a deputy under this section shall file the oath required by s. 7.30 (5). In
4the oath, the individual shall swear that he or she is qualified to act as a deputy under
5this section, that he or she has read the statutes governing absentee voting, that he
6or she understands the proper absentee voting procedure, that he or she understands
7the penalties for noncompliance with the procedure under s. 12.13, that his or her
8sacred obligation will be to fully and fairly implement the absentee voting law and
9seek to have the intent of the electors ascertained. In addition, the oath shall state
10that the individual realizes that any error in conducting the voting procedure may
11result in invalidation of an elector's vote under s. 7.51 (2) (e) and that the individual
12realizes that absentee voting is a privilege and not a constitutional right. The form
13of the oath shall be prescribed by the
commission
secretary of state.
AB981,173
14Section
173. 6.92 (1) of the statutes is amended to read:
AB981,75,2315
6.92
(1) Except as provided in sub. (2), each inspector shall challenge for cause
16any person offering to vote whom the inspector knows or suspects is not a qualified
17elector or who does not adhere to any voting requirement under this chapter. If a
18person is challenged as unqualified by an inspector, one of the inspectors shall
19administer the following oath or affirmation to the person: “You do solemnly swear
20(or affirm) that you will fully and truly answer all questions put to you regarding your
21place of residence and qualifications as an elector of this election"; and shall then ask
22questions which are appropriate as determined by the
commission, by rule, secretary
23of state to test the person's qualifications.
AB981,174
24Section
174. 6.925 of the statutes is amended to read:
AB981,76,12
16.925 Elector making challenge in person. Any elector may challenge for
2cause any person offering to vote whom the elector knows or suspects is not a
3qualified elector. If a person is challenged as unqualified by an elector, one of the
4inspectors may administer the oath or affirmation to the challenged elector under s.
56.92 and ask the challenged elector the questions under that section which are
6appropriate to test the elector's qualifications. In addition, one of the inspectors shall
7administer the following oath or affirmation to the challenging elector: “
You do
8solemnly swear (or affirm) that you will fully and truly answer all questions put to
9you regarding the challenged person's place of residence and qualifications as an
10elector of this election"; and shall then ask questions which are appropriate as
11determined by the
commission, by rule, secretary of state to test the qualifications
12of the challenged elector.
AB981,175
13Section
175. 6.95 of the statutes is amended to read:
AB981,77,8
146.95 Voting procedure for challenged electors. Whenever the inspectors
15under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been
16challenged, the inspectors shall, before giving the elector a ballot, write on the back
17of the ballot the serial number of the challenged person corresponding to the number
18kept at the election on the poll list, or other list maintained under s. 6.79, and the
19notation “s. 6.95". If voting machines are used in the municipality where the person
20is voting, the person's vote may be received only upon an absentee ballot furnished
21by the municipal clerk which shall have the corresponding serial number from the
22poll list or other list maintained under s. 6.79 and the notation “s. 6.95" written on
23the back of the ballot by the inspectors before the ballot is given to the elector. The
24inspectors shall indicate on the list the reason for the challenge. The inspectors shall
25then deposit the ballot. The challenged ballots shall be counted under s. 5.85 or 7.51.
1The municipal board of canvassers may decide any challenge when making its
2canvass under s. 7.53. If the returns are reported under s. 7.60, a challenge may be
3reviewed by the county board of canvassers. If the returns are reported under s. 7.70,
4a challenge may be reviewed by the
chairperson of the commission secretary of state 5or the
chairperson's secretary's designee. The decision of any board of canvassers or
6of the
chairperson or chairperson's secretary or secretary's designee may be appealed
7under s. 9.01. The standard for disqualification specified in s. 6.325 shall be used to
8determine the validity of challenged ballots.
AB981,176
9Section
176. 6.96 of the statutes is amended to read:
AB981,78,2
106.96 Voting procedure for electors voting pursuant to federal court
11order. Whenever any elector is allowed to vote at a polling place pursuant to a
12federal court order after the closing time provided under s. 6.78, the inspectors shall,
13before giving the elector a ballot, write on the back of the ballot the notation “s. 6.96".
14If voting machines are used in the municipality where the elector is voting, the
15elector's vote may be received only upon an absentee ballot furnished by the
16municipal clerk which shall have the notation “s. 6.96" written on the back of the
17ballot by the inspectors before the ballot is given to the elector. When receiving the
18elector's ballot, the inspectors shall provide the elector with the written voting
19information prescribed by the
commission secretary of state under s. 7.08 (8). The
20inspectors shall indicate on the list the fact that the elector is voting pursuant to a
21federal court order. The inspectors shall then deposit the ballot. The ballot shall be
22counted under s. 5.85 or 7.51 unless the order is vacated. If the order is vacated after
23the ballot is counted, the appropriate board or boards of canvassers or the
24chairperson of the commission secretary of state or his or her designee shall reopen
1the canvass to discount any ballots that were counted pursuant to the vacated order
2and adjust the statements, certifications, and determinations accordingly.
AB981,177
3Section
177. 6.97 (1) of the statutes is amended to read:
AB981,79,94
6.97
(1) Whenever any individual who is required to provide proof of residence
5under s. 6.34 in order to be permitted to vote appears to vote at a polling place and
6cannot provide the required proof of residence, the inspectors shall offer the
7opportunity for the individual to vote under this section. Whenever any individual,
8other than a military elector, as defined in s. 6.34 (1), an overseas elector, or an elector
9who has a confidential listing under s. 6.47 (2), appears to vote at a polling place and
10does not present proof of identification under s. 6.79 (2), whenever required, the
11inspectors or the municipal clerk shall similarly offer the opportunity for the
12individual to vote under this section. If the individual wishes to vote, the inspectors
13shall provide the elector with an envelope marked “Ballot under s. 6.97, stats." on
14which the serial number of the elector is entered and shall require the individual to
15execute on the envelope a written affirmation stating that the individual is a
16qualified elector of the ward or election district where he or she offers to vote and is
17eligible to vote in the election. The inspectors shall, before giving the elector a ballot,
18write on the back of the ballot the serial number of the individual corresponding to
19the number kept at the election on the poll list or other list maintained under s. 6.79
20and the notation “s. 6.97". If voting machines are used in the municipality where the
21individual is voting, the individual's vote may be received only upon an absentee
22ballot furnished by the municipal clerk which shall have the corresponding number
23from the poll list or other list maintained under s. 6.79 and the notation “s. 6.97"
24written on the back of the ballot by the inspectors before the ballot is given to the
25elector. When receiving the individual's ballot, the inspectors shall provide the
1individual with written voting information prescribed by the
commission secretary
2of state under s. 7.08 (8). The inspectors shall indicate on the list the fact that the
3individual is required to provide proof of residence or proof of identification under s.
46.79 (2) but did not do so. The inspectors shall notify the individual that he or she
5may provide proof of residence or proof of identification to the municipal clerk or
6executive director of the municipal board of election commissioners. The inspectors
7shall also promptly notify the municipal clerk or executive director of the name,
8address, and serial number of the individual. The inspectors shall then place the
9ballot inside the envelope and place the envelope in a separate carrier envelope.
AB981,178
10Section
178. 7.03 (1) (a) of the statutes is amended to read:
AB981,79,2311
7.03
(1) (a) Except as authorized under this paragraph, a reasonable daily
12compensation shall be paid to each inspector, voting machine custodian, automatic
13tabulating equipment technician, member of a board of canvassers, messenger, and
14tabulator who is employed and performing duties under chs. 5 to 12. Daily
15compensation shall also be provided to inspectors and inspector trainees for
16attendance at training programs conducted by the
commission secretary of state and
17municipal clerks under ss. 7.31 and 7.315. Alternatively, such election officials and
18trainees may be paid by the hour at a proportionate rate for each hour actually
19worked. Any election official or trainee may choose to volunteer his or her services
20by filing with the municipal clerk of the municipality in which he or she serves a
21written declination to accept compensation. The volunteer status of the election
22official or trainee remains effective until the official or trainee files a written
23revocation with the municipal clerk.
AB981,179
24Section
179. 7.03 (1) (b) of the statutes is amended to read:
AB981,80,6
17.03
(1) (b) Except as provided in par. (bm), any compensation owed shall be
2paid by the municipality in which the election is held, except that any compensation
3payable to a technician, messenger, tabulator, or member of the board of canvassers
4who is employed to perform services for the county shall be paid by the county and
5compensation payable to any messenger or tabulator who is employed to perform
6services for the state shall be paid by the
commission secretary of state.
AB981,180
7Section
180. 7.03 (2) of the statutes is amended to read:
AB981,80,158
7.03
(2) The amount of compensation of election officials, when authorized or
9required, shall be fixed by the appropriate county board of supervisors, municipal
10governing body, or municipal board of election commissioners in cities over 500,000
11population. The
commission secretary of state shall fix the amount to be paid any
12person employed to perform duties for the state. If the
commission secretary of state 13employs an individual to perform duties which are the responsibility of a county or
14municipality, the
commission secretary shall charge the expense to the county or
15municipality.