AB68-SSA1,20,2115
6.87
(6) The ballot shall be returned so it is delivered to the
polling place 16election inspectors of the proper ward or election district no later than 8 p.m. on
17election day. Except in municipalities where absentee ballots are canvassed under
18s. 7.52, if the municipal clerk receives an absentee ballot on election day, the clerk
19shall secure the ballot and cause the ballot to be delivered to the polling place serving
20the elector's residence before 8 p.m. Any ballot not mailed or delivered as provided
21in this subsection may not be counted.
AB68-SSA1,30
22Section 30
. 6.88 (1) of the statutes is amended to read:
AB68-SSA1,21,1323
6.88
(1) When an absentee ballot arrives at the office of the municipal clerk,
24or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it,
25unopened, in a carrier envelope which shall be securely sealed and endorsed with the
1name and official title of the clerk, and the words “This envelope contains the ballot
2of an absent elector and must be opened
in the same room where votes are being cast
3at the polls during polling hours on election day or, in municipalities where absentee
4ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of
5absentee ballot canvassers under s. 7.52, stats only as provided by law." If the elector
6is a military elector, as defined in s. 6.34 (1), or an overseas elector, regardless of
7whether the elector qualifies as a resident of this state under s. 6.10, and the ballot
8was received by the elector by facsimile transmission or electronic mail and is
9accompanied by a separate certificate, the clerk shall enclose the ballot in a
10certificate envelope and securely append the completed certificate to the outside of
11the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep
12the ballot in the clerk's office or at the alternate site, if applicable until delivered, as
13required in sub. (2).
AB68-SSA1,31
14Section 31
. 6.88 (3) (a) of the statutes is amended to read:
AB68-SSA1,22,1615
6.88
(3) (a) Except in municipalities where absentee ballots are canvassed
16under s. 7.52, at any time between the opening and closing of the polls on election day,
17or between 7 a.m. and 8 p.m. on the day before the election if authorized for that
18election under s. 7.525, the inspectors shall, in the same room where votes are being
19cast
, or in the place where absentee ballots begin being canvassed early under s.
207.525, in such a manner that members of the public can hear and see the procedures,
21open the carrier envelope only, and announce the name of the absent elector or the
22identification serial number of the absent elector if the elector has a confidential
23listing under s. 6.47 (2). When the inspectors find that the certification has been
24properly executed, the applicant is a qualified elector of the ward or election district,
25and the applicant has not voted in the election, they shall enter an indication on the
1poll list next to the applicant's name indicating an absentee ballot is cast by the
2elector. They shall then open the envelope containing the ballot in a manner so as
3not to deface or destroy the certification thereon. The inspectors shall take out the
4ballot without unfolding it or permitting it to be unfolded or examined. Unless the
5ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been
6endorsed by the issuing clerk. If the poll list indicates that proof of residence under
7s. 6.34 is required and proof of residence is enclosed, the inspectors shall enter both
8the type of identifying document submitted by the absent elector and the name of the
9entity or institution that issued the identifying document on the poll list in the space
10provided. If the poll list indicates that proof of residence under s. 6.34 is required and
11no proof of residence is enclosed or the name or address on the document that is
12provided is not the same as the name and address shown on the poll list, the
13inspectors shall proceed as provided under s. 6.97 (2). The inspectors shall then
14deposit the ballot into the proper ballot box and enter the absent elector's name or
15voting number after his or her name on the poll list in the same manner as if the
16elector had been present and voted in person.
AB68-SSA1,32
17Section
32. 6.94 of the statutes is amended to read:
AB68-SSA1,23,8
186.94 Challenged elector oath. If the person challenged refuses to answer
19fully any relevant questions put to him or her by the inspector under s. 6.92, the
20inspectors shall reject the elector's vote. If the challenge is not withdrawn after the
21person offering to vote has answered the questions, one of the inspectors shall
22administer to the person the following oath or affirmation: “You do solemnly swear
23(or affirm) that: you are 18 years of age; you are a citizen of the United States; you
24are now and for
28 10 consecutive days have been a resident of this ward except under
25s. 6.02 (2); you have not voted at this election; you have not made any bet or wager
1or become directly or indirectly interested in any bet or wager depending upon the
2result of this election; you are not on any other ground disqualified to vote at this
3election". If the person challenged refuses to take the oath or affirmation, the
4person's vote shall be rejected. If the person challenged answers fully all relevant
5questions put to the elector by the inspector under s. 6.92, takes the oath or
6affirmation, and fulfills the applicable registration requirements, and if the answers
7to the questions given by the person indicate that the person meets the voting
8qualification requirements, the person's vote shall be received.
AB68-SSA1,33
9Section 33
. 7.52 (1) (a) of the statutes is amended to read:
AB68-SSA1,24,410
7.52
(1) (a) The governing body of any municipality may provide by ordinance
11that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
12municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,
13at each election held in the municipality, canvass all absentee ballots received by the
14municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this
15subsection, the municipal clerk or board of election commissioners of the
16municipality shall notify the elections commission in writing of the proposed
17enactment and shall consult with the elections commission concerning
18administration of this section. At every election held in the municipality following
19enactment of an ordinance under this subsection, the board of absentee ballot
20canvassers shall,
between 7 a.m. and 8 p.m. on the day before the election if
21authorized for that election under s. 7.525 or any time after the opening of the polls
22and before 10 p.m. on election day, publicly convene to count the absentee ballots for
23the municipality. The municipal clerk shall give at least 48 hours' notice of any
24meeting under this subsection. Any member of the public has the same right of
25access to a meeting of the municipal board of absentee ballot canvassers under this
1subsection that the individual would have under s. 7.41 to observe the proceedings
2at a polling place. The board of absentee ballot canvassers may order the removal
3of any individual exercising the right to observe the proceedings if the individual
4disrupts the meeting.
AB68-SSA1,34
5Section
34. 7.52 (5) (b) of the statutes is amended to read:
AB68-SSA1,24,256
7.52
(5) (b) For the purpose of deciding upon ballots that are challenged for any
7reason, the board of absentee ballot canvassers may call before it any person whose
8absentee ballot is challenged if the person is available to be called. If the person
9challenged refuses to answer fully any relevant questions put to him or her by the
10board of absentee ballot canvassers under s. 6.92, the board of absentee ballot
11canvassers shall reject the person's vote. If the challenge is not withdrawn after the
12person offering to vote has answered the questions, one of the members of the board
13of absentee ballot canvassers shall administer to the person the following oath or
14affirmation: “You do solemnly swear (or affirm) that: you are 18 years of age; you are
15a citizen of the United States; you are now and for
28 10 consecutive days have been
16a resident of this ward except under s. 6.02 (2), stats.; you have not voted at this
17election; you have not made any bet or wager or become directly or indirectly
18interested in any bet or wager depending upon the result of this election; you are not
19on any other ground disqualified to vote at this election." If the person challenged
20refuses to take the oath or affirmation, the person's vote shall be rejected. If the
21person challenged answers fully all relevant questions put to the elector by the board
22of absentee ballot canvassers under s. 6.92, takes the oath or affirmation, and fulfills
23the applicable registration requirements, and if the answers to the questions given
24by the person indicate that the person meets the voting qualification requirements,
25the person's vote shall be received.
AB68-SSA1,35
1Section
35. 7.52 (10) of the statutes is created to read:
AB68-SSA1,25,42
7.52
(10) If, subject to s. 7.525, absentee ballots begin being canvassed under
3this section on the day before the election, no action under subs. (4) to (8) may be
4performed before election day.
AB68-SSA1,36
5Section 36
. 7.525 of the statutes is created to read:
AB68-SSA1,25,9
67.525 Early canvassing of absentee ballots. (1) Authorizing early
7canvassing; requirements. (a) 1. The municipal clerk or municipal board of election
8commissioners may elect to begin the canvassing of absentee ballots received by the
9municipal clerk on the day before any election.
AB68-SSA1,25,1210
2. Prior to the canvass under subd. 1., the municipal clerk or municipal board
11of election commissioners shall notify the elections commission in writing and shall
12consult with the elections commission concerning administration of this section.
AB68-SSA1,25,1513
(b) Ballots may be canvassed early under this section only between 7 a.m. and
148 p.m. on the day before the election and may not be tallied until after the polls close
15on election day.
AB68-SSA1,25,1816
(c) Any member of the public has the same right of access to a place where
17absentee ballots are being canvassed early under this section that the individual
18would have under s. 7.41 to observe the proceedings at a polling place.
AB68-SSA1,25,2219
(d) When not in use, automatic tabulating equipment used for purposes of this
20section and the areas where the programmed media, memory devices, and ballots are
21housed shall be secured with tamper-evident security seals in a double-lock location
22such as a locked cabinet inside a locked office.
AB68-SSA1,26,223
(e) No person may act in any manner that would give him or her the ability to
24know or to provide information on the accumulating or final results from the ballots
1canvassed early under this section before the close of the polls on election day. A
2person who violates this paragraph is guilty of a Class I felony.
AB68-SSA1,26,4
3(2) Notice requirements. Absentee ballots may not begin being canvassed
4early under this section for any election unless all of the following apply:
AB68-SSA1,26,85
(a) At least 70 days before the election the municipal clerk or executive director
6of the municipal board of election commissioners notifies in writing the county clerk
7or executive director of the county board of election commissioners that early
8canvassing of absentee ballots will take place in the election.
AB68-SSA1,26,109
(b) The notice under s. 10.01 (2) (e) specifies the date and time during which,
10and each location where, the early canvassing of absentee ballots will be conducted.
AB68-SSA1,37
11Section 37
. 8.50 (intro.) of the statutes is amended to read:
AB68-SSA1,27,2
128.50 Special elections. (intro.) Unless otherwise provided, this section
13applies to filling vacancies in the U.S. senate and house of representatives, executive
14state offices except the offices of governor, lieutenant governor, and district attorney,
15judicial and legislative state offices, county, city, village, and town offices, and the
16offices of municipal judge and member of the board of school directors in school
17districts organized under ch. 119. State legislative offices may be filled in
18anticipation of the occurrence of a vacancy whenever authorized in sub. (4) (e).
No 19Except as provided in sub. (4m), no special election may be held after February 1
20preceding the spring election unless it is held on the same day as the spring election,
21nor after August 1 preceding the general election unless it is held on the same day
22as the general election, until the day after that election. If the special election is held
23on the day of the general election, the primary for the special election, if any, shall
24be held on the day of the partisan primary. If the special election is held on the day
1of the spring election, the primary for the special election, if any, shall be held on the
2day of the spring primary.
AB68-SSA1,38
3Section 38
. 8.50 (2) of the statutes is amended to read:
AB68-SSA1,27,134
8.50
(2) Date of special election. (a)
The Except as provided in sub. (4m), the 5date for the special election shall be not less than 62 nor more than 77 days from the
6date of the order except when
the special election is held to fill a vacancy in a national
7office or the special election is held on the day of the general election or spring
8election. If a special election is held concurrently with the spring election, the special
9election may be ordered not earlier than 92 days prior to the spring primary and not
10later than 49 days prior to that primary. If a special election is held concurrently with
11the general election
or a special election is held to fill a national office, the special
12election may be ordered not earlier than 122 days prior to the partisan primary or
13special primary, respectively, and not later than 92 days prior to that primary.
AB68-SSA1,27,2114
(b)
If Except as provided in sub. (4m), if a primary is required, the primary shall
15be on the day 4 weeks before the day of the special election except when the special
16election is held on the same day as the general election the special primary shall be
17held on the same day as the partisan primary or if the special election is held
18concurrently with the spring election, the primary shall be held concurrently with
19the spring primary, and except when the special election is held on the Tuesday after
20the first Monday in November of an odd-numbered year, the primary shall be held
21on the 2nd Tuesday of August in that year.
AB68-SSA1,39
22Section 39
. 8.50 (3) (a) of the statutes is amended to read: