Under the bill, election officials violating the prohibitions described above are guilty of a Class I felony.
Absentee ballot certificates
Under current law, absentee ballot envelopes include a printed certificate that must be completed, signed by the voter and a qualified witness, and returned to the municipal clerk with the completed ballot so that it is delivered to the polling place no later than 8 p.m. on election day. By completing and signing the certificate, the voter certifies that he or she is entitled to vote in the election and that the voter completed his or her absentee ballot in the presence of the witness. The witness certificate includes the witness’s printed name and address in addition to his or her signature. If a municipal clerk receives an absentee ballot with an improperly completed certificate or with no certificate, the clerk may, but is not required to, return the ballot to the voter whenever time permits so that the voter may correct the defect. If a certificate is missing the address of the witness, the ballot may not be counted.
Under the bill, if a municipal clerk receives an absentee ballot with an improperly completed certificate or with no certificate, in addition to being authorized to return the ballot to the elector, the clerk is required to post a notification of the defect on the voter’s voter information page on the website that is used by voters for original registration, currently titled MyVote Wisconsin. Additionally, under the bill, the clerk may attempt to notify the voter of the defect by other means.
Additionally, under the bill, an absentee ballot with no certificate or with a certificate that does not include all of the following may not be counted:
1. The voter ’s printed first name.
2. The voter’s printed last name.
3. The voter’s house or apartment number.
4. The voter’s street name.
5. The voter’s municipality.
6. The voter’s signature.
7. The witness’s printed first name.
8. The witness’s printed last name.
9. The witness’s house or apartment number.
10. The witness’s street name.
11. The witness’s municipality.
12. The witness’s signature.
Finally, the bill prohibits any person other than the voter, or the witness with respect to the witness certificate, from correcting a defect in the voter’s absentee ballot certificate. Whoever violates that prohibition is subject to a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.
Appointment of poll workers
The bill prohibits the appointment of any poll worker who is an employee of any of the following:
1. A candidate committee, legislative campaign committee, political action committee, independent expenditure committee, political party, recall committee, or referendum committee, as those terms are defined by law.
2. A political organization required to register with the Federal Election Commission.
3. An issue advocacy group.
Municipal board of canvassers
Current law requires that the municipal board of canvassers of each municipality convene immediately following the close of the polls on election day to publicly canvass the ballots cast. The board may not adjourn until the canvass is completed, except that the board may adjourn and reconvene at a central count location to complete the canvass. Current law also requires the municipal clerk to appoint an individual to serve as a member of the board of canvassers if there are one or more temporary vacancies on the board and the number of available members to canvass the ballots is less than three.
The bill allows a municipal board of canvassers to recess as the result of a natural disaster, if a board member is ill or otherwise incapacitated, or if the physical condition of the canvass location is unsuitable for continuing the canvass. However, the bill requires that the board reconvene as soon as possible. In addition, if the board recesses because a member is ill or otherwise incapacitated, the bill requires the municipal clerk to immediately appoint an individual to fill the vacancy on the board to temporarily replace that member.
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.