AB981,96
14Section
96. 5.62 (4) (b) of the statutes is amended to read:
AB981,42,1915
5.62
(4) (b) The county board of election commissioners in counties having a
16population of more than 750,000 shall prepare the official primary ballot. The
17commissioners shall arrange the names of all candidates for each office whose
18nomination papers are filed at the county level, using the same method as that used
19by the
elections commission secretary of state under s. 5.60 (1) (b).
AB981,97
20Section
97. 5.64 (1) (ag) of the statutes is amended to read:
AB981,42,2421
5.64
(1) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
22giving the names of all candidates for president and vice president and for statewide,
23congressional, legislative, and county offices in the same form as prescribed by the
24commission secretary of state under s. 7.08 (1) (a).
AB981,98
25Section
98. 5.64 (1) (b) of the statutes is amended to read:
AB981,43,15
15.64
(1) (b) The names of the candidates for the offices of president and vice
2president that are certified under s. 8.16 (7) or that are contained in nomination
3papers filed under s. 8.20 shall appear on the ballot in the form prescribed in s. 7.08
4(2) (a). The names of the candidates on the regular party tickets nominated at the
5primary or replacements appointed under s. 8.35 (2) shall appear in a separate
6column under the party designation. The columns shall be arranged from left to right
7according to rank, based on the number of votes received by each party's candidate
8for president or governor at the last general election beginning with the party that
9received the most votes. To the right of the columns for parties qualifying under s.
105.62 (1) (b) shall be placed the columns for parties qualifying under s. 5.62 (2) in the
11same order in which the parties filed petitions with the
commission secretary of
12state. Any column required under par. (e) 2. shall be placed next in order. To the right
13of the party columns shall be a column for the names of independent candidates for
14each office, or more than one column if the first column does not provide sufficient
15space for the names of all such candidates.
AB981,99
16Section
99. 5.64 (1) (es) of the statutes is amended to read:
AB981,44,217
5.64
(1) (es) The party candidates shall be arranged consecutively from top to
18bottom based on the number of votes received by their party's candidate for governor
19at the last election beginning with the party that received the most votes. The
20independent president-vice president candidates shall be listed together in an order
21drawn by lot by or under supervision of the
commission secretary of state, following
22under the party candidates. Along with the names of the independent candidates
23shall appear the party or principle of the candidates, if any, in 5 words or less, as
24shown on their nomination papers. Following under the independent candidates, a
1space shall be left for writing in the names of a candidate for president and vice
2president.
AB981,100
3Section
100. 5.64 (2) of the statutes is amended to read:
AB981,44,124
5.64
(2) Referendum ballot. (am) There shall be a separate ballot when any
5proposed constitutional amendment or any other measure or question is submitted
6to a vote of the people, except as authorized in s. 5.655. The ballot shall give a concise
7statement of each question in accordance with the act or resolution directing
8submission in the same form as prescribed by the
commission secretary of state 9under s. 7.08 (1) (a). The question may not be worded in such a manner as to require
10a negative vote to approve a proposition or an affirmative vote to disapprove a
11proposition. Unless otherwise expressly provided, this ballot form shall be used at
12all elections when questions are submitted to a vote of the people.
AB981,45,213
(c) The official referendum ballot prescribed under this subsection shall be
14utilized at every election, except that the format shall be altered to the extent
15provided or required by other laws establishing or authorizing referenda to be
16conducted. Except as authorized in s. 5.655, all referenda shall appear on a separate
17ballot, but more than one referendum question may appear on the same referendum
18ballot whenever the questions are numbered and all electors voting the ballot are
19entitled to vote upon all questions appearing thereon. When more than one state
20referendum is placed on the same ballot, the
commission secretary of state shall
21number the questions in chronological sequence. If the legislature submits questions
22on different dates, the
commission secretary of state shall number the questions
23sequentially based on the date on which the questions are submitted by the
24legislature. Except as authorized in s. 5.655, state and county referenda shall appear
25on a separate ballot from municipal or special district referenda. The form of all
1referendum ballots shall be substantially the same as that prescribed by the
2commission secretary of state under s. 7.08 (1) (a).
AB981,101
3Section
101. 5.655 (3) of the statutes is amended to read:
AB981,45,74
5.655
(3) The
commission
secretary of state shall prescribe notices and
5instructions to be given to electors who use a ballot that is authorized under sub. (2)
6in lieu of any notices and instructions that are applicable only to municipalities
7employing separate paper ballots.
AB981,102
8Section
102. 5.72 of the statutes is amended to read:
AB981,45,21
95.72 Correcting ballot errors.
(1) As soon as possible after ballots are
10delivered to the county clerk or to the municipal clerk if the municipality is preparing
11ballots under s. 7.15 (2), but not later than 3 weeks before any election relating to a
12state or national office or statewide referendum, the county or municipal clerk
13preparing the ballots shall submit one copy of each ballot to the
commission secretary
14of state for review of possible errors. If the contractor preparing the ballots supplies
15proofs in advance of ballot preparation, the clerk shall submit one copy of the proofs
16in lieu of actual ballots. If a voting machine ballot or other ballot combining local
17candidates or referenda with state or national candidates or referenda is used, the
18entire ballot shall be submitted, but if ballots intended for distribution to electors are
19used, only those ballots relating to state or national offices and statewide referenda
20need be submitted. This subsection does not require delay of ballot distribution or
21mailing of absentee ballots.
AB981,46,2
22(2) The
commission secretary of state shall review ballots and proof copies
23submitted under sub. (1) and shall notify the county and municipal clerk of any error
24as soon as possible but in no event later than 7 days after submission. The clerk is
1not required to correct a ballot error upon receipt of notice of the error, unless ordered
2to do so under sub. (3) or s. 5.06 (6).
AB981,46,8
3(3) Whenever an affidavit is filed by the
commission secretary of state or any
4elector alleging an error or omission in the preparation of a ballot, the circuit court
5for the county where the ballot is proposed to be used or its presiding judge, by order,
6may summarily require a county or municipal clerk to correct the error, or show
7cause why it should not be corrected and, by order, after the hearing, have the
8correction made.
AB981,103
9Section
103. 5.83 of the statutes is amended to read:
AB981,46,16
105.83 Preparation for use of voting devices; comparison of ballots. 11Where voting devices are used at a polling place, the municipal clerk shall cause the
12voting devices to be put in order, set, adjusted
, and made ready for voting when
13delivered to the polling place. Before the opening of the polls the inspectors shall
14compare the ballots used in the voting devices with the sample ballots furnished and
15see that the names, numbers
, and letters thereon agree and shall certify thereto on
16forms provided by the
commission secretary of state.
AB981,104
17Section
104. 5.87 (2) of the statutes is amended to read:
AB981,46,2318
5.87
(2) The
commission shall, by rule, secretary of state shall prescribe
19uniform standards for determining the validity of votes cast or attempted to be cast
20with each electronic voting system approved for use in this state under s. 5.91. The
21rules standards shall apply only to situations that may arise in which the validity
22of a vote or attempted vote cast by an elector utilizing a particular system cannot be
23determined under s. 7.50.
AB981,105
24Section
105. 5.905 (2) of the statutes is amended to read:
AB981,47,12
15.905
(2) The
commission secretary of state shall determine which software
2components of an electronic voting system
it
he or she considers to be necessary to
3enable review and verification of the accuracy of the automatic tabulating equipment
4used to record and tally the votes cast with the system. The
commission secretary 5shall require each vendor of an electronic voting system that is approved under s.
65.91 to place those software components in escrow with the
commission secretary 7within 90 days of the date of approval of the system and within 10 days of the date
8of any subsequent change in the components. The
commission secretary shall secure
9and maintain those software components in strict confidence except as authorized
10in this section. Unless authorized under this section, the
commission secretary shall
11withhold access to those software components from any person who requests access
12under s. 19.35 (1).
AB981,106
13Section
106. 5.905 (3) of the statutes is amended to read:
AB981,47,1914
5.905
(3) The
commission shall promulgate rules secretary of state shall
15prescribe standards to ensure the security, review
, and verification of software
16components used with each electronic voting system approved by the
commission 17secretary. The verification procedure shall include a determination that the software
18components correspond to the instructions actually used by the system to count
19votes.
AB981,107
20Section
107. 5.905 (4) of the statutes is amended to read:
AB981,48,521
5.905
(4) If a valid petition for a recount is filed under s. 9.01 in an election at
22which an electronic voting system was used to record and tally the votes cast, each
23party to the recount may designate one or more persons who are authorized to receive
24access to the software components that were used to record and tally the votes in the
25election. The
commission secretary of state shall grant access to the software
1components to each designated person if, before receiving access, the person enters
2into a written agreement with the
commission
secretary that obligates the person to
3exercise the highest degree of reasonable care to maintain the confidentially of all
4proprietary information to which the person is provided access, unless otherwise
5permitted in a contract entered into under sub. (5).
AB981,108
6Section
108. 5.91 (intro.) of the statutes is amended to read:
AB981,48,17
75.91 Requisites for approval of ballots, devices and equipment. (intro.)
8No ballot, voting device, automatic tabulating equipment, or related equipment and
9materials to be used in an electronic voting system may be utilized in this state
10unless it is certified by the
commission secretary of state. The
commission secretary 11may revoke
its his or her certification of any ballot, device, equipment, or materials
12at any time for cause. The
commission secretary may certify any such voting device,
13automatic tabulating equipment, or related equipment or materials regardless of
14whether any such item is approved by the federal election assistance commission,
15but the
commission secretary of state may not certify any ballot, device, equipment,
16or material to be used in an electronic voting system unless it fulfills the following
17requirements: