Under current law, an election inspector may challenge for cause any person offering to vote whom the inspector knows or suspects is not a qualified elector. Another elector may also make such a challenge for cause. When a voter's qualifications are challenged, the inspector must administer an oath to the challenged elector to affirm that he or she will fully and truly answer the inspector's questions regarding the person's residence and qualifications. The bill allows the chief clerk, the deputy clerk, or an inspector to challenge for cause any person offering to vote and to administer the oath and ask the relevant questions regarding the person's residence and qualifications.

The bill also repeals the current law provision regarding the treatment of absentee ballots cast by a person who dies before election day.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB203,1 Section 1 . 5.84 (1) of the statutes is renumbered 5.84 (1) (a) and amended to read:

AB203,3,11 5.84 (1) (a) Where Except as provided in par. (b), where any municipality employs an electronic voting system which utilizes automatic tabulating equipment, either at the polling place or at a central counting location, the municipal clerk shall, on any day not more than 10 days prior to the election day on which the equipment is to be utilized, have the equipment tested to ascertain that it will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given by the clerk at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in one or more newspapers published within the municipality if a newspaper is published therein, otherwise in a newspaper of general circulation therein. The test shall be open to the public. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each referendum. The test shall include for each office one or more ballots which have votes in excess of the number allowed by law and, for a partisan primary election, one or more ballots which have votes cast for candidates of more than one recognized political party, in order to test the ability of the automatic tabulating equipment to reject such votes. If any error is detected, the municipal clerk shall ascertain the cause and correct the error. The clerk shall make an errorless count before the automatic tabulating equipment is approved by the clerk for use in the election.

AB203,2 Section 2 . 5.84 (1) (b) of the statutes is created to read:

AB203,3,17 5.84 (1) (b) For a municipality that authorizes the absentee voting efficiency option under subch. VI of ch. 6, the municipal clerk shall have the automatic tabulating equipment tested, as provided under par. (a), on any day not more than 10 days prior to the first day on which such voting is available in the municipality pursuant to s. 6.981.

AB203,3 Section 3 . 5.85 (2) (a) of the statutes is amended to read:

AB203,4,5 5.85 (2) (a) The Except when using a report function capable of reporting write-in votes by scanning the ballots and electronically capturing the write-in votes, the election officials shall examine the ballots or record of votes cast for write-in votes and shall count and tabulate the write-in votes. The election officials shall count write-in votes as provided in s. 7.50 (2) (d). When an electronic voting system is used in which ballots are distributed to electors, before separating the remaining ballots from their respective covering envelopes, the election officials shall examine the ballots for write-in votes. When an elector has cast a write-in vote, the election officials shall compare the write-in vote with the votes on the ballot to determine whether the write-in vote results in an overvote for any office. In case of an overvote for any office, the election officials shall follow the procedure in par. (b).

AB203,4 Section 4. 6.15 (6) of the statutes is repealed.

AB203,5 Section 5 . 6.21 of the statutes is repealed.

AB203,6 Section 6. 6.84 (2) of the statutes is amended to read:

AB203,4,14 6.84 (2) Interpretation. Notwithstanding s. 5.01 (1), with respect to matters relating to the absentee ballot process, ss. 6.86, 6.87 (3) to (7) and 9.01 (1) (b) 2. and 4. and subch. VI shall be construed as mandatory. Ballots cast in contravention of the procedures specified in those provisions may not be counted. Ballots counted in contravention of the procedures specified in those provisions may not be included in the certified result of any election.

AB203,7 Section 7 . 6.86 (1) (ar) of the statutes is amended to read:

AB203,5,2 6.86 (1) (ar) Except as authorized in s. 6.875 (6), the municipal clerk shall not issue an absentee ballot unless the clerk receives a written application therefor from a qualified elector of the municipality. The clerk shall retain each absentee ballot application until destruction is authorized under s. 7.23 (1). Except as authorized in s. 6.79 (6) and (7), if a qualified elector applies for an absentee ballot in person at the clerk's office, the clerk shall not issue the elector an absentee ballot unless the elector states aloud his or her name and address and presents proof of identification. The clerk shall verify that the name on the proof of identification presented by the elector conforms to the name on the elector's application and shall verify that any photograph appearing on that document reasonably resembles the elector. The clerk shall then enter his or her initials on the certificate envelope indicating that the absentee elector presented proof of identification to the clerk.

AB203,8 Section 8. 6.88 (3) (b) of the statutes is amended to read:

AB203,5,19 6.88 (3) (b) When the inspectors find that a certification is insufficient, that the applicant is not a qualified elector in the ward or election district, that the ballot envelope is open or has been opened and resealed, that the ballot envelope contains more than one ballot of any one kind or, except in municipalities where absentee ballots are canvassed under s. 7.52, that the certificate of a military or overseas elector who received an absentee ballot by facsimile transmission or electronic mail is missing, or if proof is submitted to the inspectors that an elector voting an absentee ballot has since died, the inspectors shall not count the ballot. The inspectors shall endorse every ballot not counted on the back, “rejected (giving the reason)". The inspectors shall reinsert each rejected ballot into the certificate envelope in which it was delivered and enclose the certificate envelopes and ballots, and securely seal the ballots and envelopes in an envelope marked for rejected absentee ballots. The inspectors shall endorse the envelope, “rejected ballots" with a statement of the ward or election district and date of the election, signed by the chief inspector and one of the inspectors representing each of the 2 major political parties and returned to the municipal clerk in the same manner as official ballots voted at the election.

AB203,9 Section 9 . 6.91 of the statutes is created to read:

AB203,6,2 6.91 Place for challenging an elector. The vote of any voter, including an absent voter, may be challenged as provided under this subchapter at the polling place, at the municipal clerk's office, at an in-person absentee voting location during the period for making an in-person application for an absentee ballot under s. 6.86 (1) (b), at the municipal clerk's office during the period for using the voting procedure under s. 6.981, or at a central count location.

AB203,10 Section 10 . 6.92 (1) of the statutes is amended to read:

AB203,6,13 6.92 (1) Except as provided in sub. (2), each the clerk or deputy clerk or an inspector shall challenge for cause any person offering to vote whom the clerk, deputy clerk, or inspector knows or suspects is not a qualified elector or who does not adhere to any voting requirement under this chapter. If a person is challenged as unqualified by the clerk or deputy clerk or an inspector, one of the inspectors the clerk or deputy clerk or an inspector shall administer the following oath or affirmation to the person: “You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding your place of residence and qualifications as an elector of this election"; and shall then ask questions which are appropriate as determined by the commission, by rule, to test the person's qualifications.

AB203,11 Section 11 . 6.925 of the statutes is amended to read:

AB203,7,2 6.925 Elector making challenge in person. Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an elector, one of the inspectors the clerk or deputy clerk or an inspector may administer the oath or affirmation to the challenged elector under s. 6.92 and ask the challenged elector the questions under that section which are appropriate to test the elector's qualifications. In addition, one of the inspectors the clerk or deputy clerk or an inspector shall administer the following oath or affirmation to the challenging elector: “You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding the challenged person's place of residence and qualifications as an elector of this election"; and shall then ask questions which are appropriate as determined by the commission, by rule, to test the qualifications of the challenged elector.

AB203,12 Section 12 . 6.94 of the statutes is amended to read:

AB203,7,20 6.94 Challenged elector oath. If the person challenged refuses to answer fully any relevant questions put to him or her by the clerk, deputy clerk, or inspector under s. 6.92, the clerk, deputy clerk, or inspectors shall reject the elector's vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the inspectors the clerk or deputy clerk or an inspector shall administer to the person the following oath or affirmation: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 28 consecutive days have been a resident of this ward except under s. 6.02 (2); you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election". If the person challenged refuses to take the oath or affirmation, the person's vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the clerk, deputy clerk, or inspector under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person's vote shall be received.

AB203,13 Section 13 . 6.95 of the statutes is amended to read: