LRBs0447/1
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2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 946
February 24, 2022 - Offered by Representatives Petersen and Tauchen.
SB946-ASA1,1,7
1An Act to repeal 8.20 (8) (am);
to renumber and amend 7.52 (1) (a);
to amend
25.84 (1), 6.15 (4) (a), 6.15 (4) (b), 6.86 (1) (b), 6.87 (6), 6.88 (1), 6.88 (2), 7.15 (1)
3(cm), 7.52 (2), 7.52 (3) (a), 7.52 (4) (a), 7.52 (9) and 8.20 (8) (a); and
to create 6.19,
46.88 (4), 7.15 (16), 7.52 (1) (a) 2., 7.52 (1) (d) to (h), 7.52 (10) and 66.0512 of the
5statutes;
relating to: transmitting and canvassing absentee ballots,
6presidential ballots, nomination papers for certain independent candidates,
7whistleblower protection for municipal clerks, and providing a penalty.
Analysis by the Legislative Reference Bureau
Early canvassing of absentee ballots
Under current law, absentee ballots may not be canvassed until election day.
Current law additionally provides that any municipality may provide by ordinance
that, in lieu of canvassing absentee ballots at polling places, a municipal board of
absentee ballot canvassers established by the municipality is responsible for
canvassing all absentee ballots received by the municipal clerk by 8 p.m. on election
day. In such a municipality, the board of absentee ballot canvassers is required to
convene a meeting any time after the polls open and before 10 p.m. on election day
to canvass the absentee ballots cast in the municipality in the election. Among the
requirements governing such a meeting, any member of the public has the same right
of access to the meeting that the individual would have to observe the canvassing of
absentee ballots at a polling place.
Also under current law, other than as described above, votes, including votes
cast by absentee ballot, are canvassed at the polling place after polls close on election
day. However, in a municipality that uses an electronic voting system, the municipal
clerk or municipal board of election commissioners may adjourn the vote canvass to
a central counting location where votes cast at multiple polling places in the
municipality and absentee ballots may all be counted after the polls close on election
day.
This bill does all of the following:
1. Requires the municipal board of absentee ballot canvassers in a municipality
having an ordinance described above to begin canvassing absentee ballots on the day
before an election. Canvassing absentee ballots on the day before the election 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.