6. Provides that no person may 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 the bill before the polls close on election day. Whoever intentionally violates that prohibition is guilty of a Class I felony, the penalty for which is a fine not to exceed $10,000 or imprisonment not to exceed three years and six months, or both.

7. Authorizes municipalities not having a board of absentee ballot canvassers to begin processing absentee ballots beginning no earlier than 7 a.m. on the day before the election subject to some of the requirements described above. In order to canvass absentee ballots early, such a municipality must provide by ordinance that absentee ballots received by the municipal clerk may be canvassed on the day before the election. Prior to enacting the ordinance, the municipal clerk must notify the Elections Commission in writing of the proposed ordinance and must consult with the Elections Commission concerning the early canvassing of absentee ballots.

Finally, under current law, criminal penalties are provided for election officials who commit certain specified kinds of election fraud. Otherwise, the willful neglect or refusal of an election official to perform a duty prescribed under the election laws is punishable by disqualification to act as an election official for five years. Under the bill, a member of the municipal board of absentee ballot canvassers or other election official who willfully neglects or refuses to perform any of the duties prescribed under the bill, and other duties prescribed under current law, with respect to the canvassing of absentee ballots by a municipal board of absentee ballot canvassers is guilty of a Class I felony.

Use of central counting locations

Under current law, votes are canvassed at the polling place after polls close on election day, except that any municipality where an electronic voting system is used may elect to adjourn the canvass to a central counting location where votes cast at multiple polling places in the municipality may all be counted after the polls close on election day. The bill eliminates the option for municipalities to use such central counting locations.

Election night reporting

Under the bill, at 10 p.m. on election night, and every hour thereafter until the canvass is complete, each municipal clerk or his or her designee must 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 must promptly post each statement on the website on which the county clerk posts returns on election night. In a municipality having a municipal board of election commissioners (currently, only the city of Milwaukee), the municipal board of election commissioners must also post the statement on the website maintained by the municipal board of election commissioners. The statement may not include the names or addresses of any electors.

Court determinations of incompetency and ineligibility to vote

Under current law, no person who is incapable of understanding the objective of the elective process or who is under a guardianship may vote unless a court has determined that the person is competent to vote. Current law also allows any voter in a municipality to petition a circuit court to determine whether a person residing in the municipality is incapable of understanding the objective of the elective process. If the court determines that the person is incapable of such understanding, the person is not eligible to register to vote or to vote. Current law requires the clerk of the circuit court to communicate the court's determinations, in writing, to the election officials who are responsible for determining challenges to registration and voting that may be brought against the person.

This bill requires the circuit court to notify the Elections Commission, by email, of the court's determination regarding incompetency and ineligibility to register to vote or to vote. Under the bill, when the commission receives a determination of incompetency and ineligibility to register to vote or to vote, the commission must, within three business days, change the status of the voter subject to the determination to inactive on the official voter registration list, note on the list that the voter is ineligible to register to vote or to vote, and notify the voter and the voter's municipal clerk of the voter's change in status. The bill also provides that if a court reviews a determination of incompetency and ineligibility to vote and restores the voter's right to vote, upon receipt of that determination by email, the commission must, within three business days, notify the voter that the voter is eligible to vote and that the voter is required to complete a new registration to vote if the voter intends to vote. Under the bill, the clerk must examine the registration list before issuing a ballot to any voter.

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

SB685-SSA1,1 Section 1 . 5.05 (12) of the statutes is amended to read:

SB685-SSA1,4,7 5.05 (12) Voter education. The commission may conduct or prescribe requirements for educational programs to inform electors about voting procedures, voting rights, and voting technology. The commission shall conduct an educational program for the purpose of educating electors who cast paper ballots, ballots that are counted at a central counting location, and absentee ballots of the effect of casting excess votes for a single office.

SB685-SSA1,2 Section 2 . 5.057 of the statutes is created to read:

SB685-SSA1,5,15 5.057 Determination of ineligibility to vote due to incompetency. (1) Upon receipt of a determination of ineligibility to register to vote or to vote under s. 54.25 (2) (c) 1. g., the commission shall, no later than 3 business days after receiving the determination, change the status of the elector subject to the determination to inactive on the official registration list under s. 6.36, note on the list that the elector is ineligible to register to vote or to vote in accordance with s. 6.03 (3), and notify the elector and the elector's municipal clerk of the elector's change in status. If the commission does not have a record of the elector upon receipt of a determination of ineligibility, the commission shall create a record listing the elector as ineligible to vote in accordance with s. 6.03 (3) and provide a copy of that record to the elector's municipal clerk. Upon receipt of a registration to vote, the municipal clerk shall examine the registration list to determine whether the elector is ineligible to register to vote or to vote in accordance with s. 6.03 (3) and shall notify the elector if the clerk determines that the elector is ineligible. The clerk shall examine the registration list before issuing a ballot to any elector.

SB685-SSA1,5,23 (2) If under s. 54.64 (2) (a) a court subsequently reviews a determination of ineligibility to vote under s. 54.25 (2) (c) 1. g. and restores an elector's right to vote, as provided under s. 54.64 (2) (c), upon receipt of the reviewing court's determination, the commission shall, no later than 3 business days after receiving the determination, notify the elector that the elector is eligible to vote, but that the elector is required to complete a new voter registration if the elector intends to vote. The commission shall submit with the notice a registration form for the elector to complete and return to the municipal clerk, if the elector intends to vote.

SB685-SSA1,3 Section 3 . 5.84 (1) of the statutes is amended to read:

SB685-SSA1,6,20 5.84 (1) Where any municipality employs an electronic voting system which that 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 in an election, 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 posting notice on the municipality's website if it has one and 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.

SB685-SSA1,4 Section 4 . 5.84 (2) of the statutes is amended to read:

SB685-SSA1,7,3 5.84 (2) Before beginning the ballot count at each polling place or at the central counting location or at a meeting convened under s. 6.88 (4) or 7.52 (1), the election officials shall witness a test of the automatic tabulating equipment by engaging the printing mechanism and securing a printed result showing a zero count for every candidate and referendum. After the completion of the count, the ballots and programs used shall be sealed and retained under the custody of the municipal clerk in a secure location.

SB685-SSA1,5 Section 5 . 5.85 (1) of the statutes is amended to read:

SB685-SSA1,7,16 5.85 (1) At any polling place at which an electronic voting system is utilized, the following procedures for receiving, counting, tallying, and return of the ballots shall be used. Whenever paper ballots are utilized at a polling place in combination with ballots employed in an electronic voting system, the paper ballots shall be deposited in a separate ballot box or boxes, according to the types of ballots used. For the purpose of transporting the ballots or the record of the votes cast, the municipal clerk shall provide a secure container for each polling place. At each polling place, the applicable portions of the procedure prescribed for initiating the canvass under s. 7.51 (1) and (2) shall be performed, except that no count of the ballots, except write-in votes and paper ballots used for absentee voting and other purposes authorized by law, may be performed at a polling place if a central counting location is designated for the counting of ballots at that polling place by the municipality.

SB685-SSA1,6 Section 6 . 5.85 (5) of the statutes is repealed.

SB685-SSA1,7 Section 7 . 5.86 of the statutes is repealed.

SB685-SSA1,8 Section 8 . 5.87 (1) of the statutes is amended to read:

SB685-SSA1,8,3 5.87 (1) If a central counting location is not utilized, the The procedure for tabulating the votes by the automatic tabulating equipment shall be under the direction of the chief inspector and shall conform to the requirements of the automatic tabulating equipment. If any ballot is not accepted by the automatic tabulating equipment, the election officials shall make a duplicate ballot to replace that ballot in the manner prescribed in s. 5.85 (3). All proceedings at the polling place and at any central counting location shall be open to the public, but no person, except those employed and authorized for the purpose, may touch any ballot, container, envelope, return, or equipment.

SB685-SSA1,9 Section 9 . 5.91 (17) of the statutes is amended to read:

SB685-SSA1,8,9 5.91 (17) Unless the ballot is counted at a central counting location, it It includes a mechanism for notifying an elector who attempts to cast an excess number of votes for a single office that his or her votes for that office will not be counted, and provides the elector with an opportunity to correct his or her ballot or to receive and cast a replacement ballot.