SB685,1737Section 17. 6.79 (2) (dm) of the statutes is amended to read:
SB685,,38386.79 (2) (dm) If the poll list indicates that the elector is ineligible to vote because the elector’s name appears on the current list provided by the department of corrections under s. 301.03 (20m) of ineligible electors, the inspectors shall inform the elector of this fact. If the elector maintains that he or she is eligible to vote in the election, the inspectors shall provide the elector with a ballot and, after the elector casts his or her vote, shall challenge the ballot as provided in s. 6.92 and treat the ballot in the manner provided in s. 6.95.
SB685,1839Section 18. 6.86 (1) (b) of the statutes is amended to read:
SB685,,40406.86 (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.
SB685,1941Section 19. 6.87 (6) of the statutes is amended to read:
SB685,,42426.87 (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.
SB685,2043Section 20. 6.88 (1) of the statutes is amended to read:
SB685,,44446.88 (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).
SB685,2145Section 21. 6.88 (2) of the statutes is amended to read:
SB685,,46466.88 (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.
SB685,2247Section 22. 6.88 (4) of the statutes is created to read:
SB685,,48486.88 (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,,49492. 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,,5050(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,,5151(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,,5252(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,,53532. 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,,5454(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,,55551. 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,,56562. Auditing the election equipment in the same manner as audits are conducted under s. 7.08 (6).
SB685,,5757(e) Votes on absentee ballots canvassed under this subsection may not be tallied until after the polls close on election day.
SB685,,5858(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,,5959(g) An ordinance under par. (a) may not take effect less than 60 days before an election.
SB685,2360Section 23. 7.03 (1) (c) of the statutes is repealed.
SB685,2461Section 24. 7.15 (1) (cm) of the statutes is amended to read:
SB685,,62627.15 (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.
SB685,2563Section 25. 7.15 (16) of the statutes is created to read:
SB685,,64647.15 (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,,6565(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.