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2023 ASSEMBLY BILL 567
October 26, 2023 - Introduced by Representatives TUSLER, MAXEY, ARMSTRONG,
DITTRICH, DONOVAN, KITCHENS, MICHALSKI, MURPHY, O'CONNOR, RETTINGER,
ROZAR, SCHRAA and STEFFEN, cosponsored by Senator CABRAL-GUEVARA.
Referred to Committee on Campaigns and Elections.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 5.85 (5), 5.86 and 7.03 (1) (c); to renumber and amend 7.52
(1) (a); to amend 5.05 (12), 5.056, 5.84 (1), 5.84 (2), 5.85 (1), 5.87 (1), 5.91 (17),
6.15 (4) (a), 6.15 (4) (b), 6.29 (2) (am), 6.55 (2) (cs), 6.56 (3m), 6.79 (2) (dm), 6.86
(1) (b), 6.87 (6), 6.88 (1), 6.88 (2), 7.15 (1) (cm), 7.37 (12), 7.51 (1), 7.52 (2), 7.52
(3) (a), 7.52 (4) (a), 7.52 (9) and 54.25 (2) (c) 1. g.; and to create 5.057, 6.88 (4),
7.15 (16), 7.52 (1) (d) to (h), 7.52 (10), 7.52 (11) and 66.0512 of the statutes;
relating to: transmitting and canvassing absentee ballots, use of central
counting locations, election night reporting, whistleblower protection for
municipal clerks, notifications and verifications concerning citizenship status,
court determinations of incompetency and ineligibility to vote, 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
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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.
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.
2. Provides that the board of absentee ballot canvassers must publicly convene
at 7 a.m. on the day before the election to begin the canvass of absentee ballots for
the municipality and recess at 8 p.m. on that day.
3. Requires that at 7 a.m., noon, and 8 p.m. on the day before the election, and
at 7 a.m., noon, and 8 p.m. on election day, the municipal clerk or his or her designee
or the municipal board of election commissioners must provide to the county clerk
or county board of election commissioners of the county in which the municipality is
located a statement that shows the total number of absentee ballots returned to the
municipality and the total number of absentee ballots the municipal board of
absentee ballot canvassers has canvassed. The county clerk or county board of
election commissioners must promptly post each statement on the website on which
returns for the county are posted 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. An absentee
ballot is considered canvassed for purposes of this reporting requirement only after
all tasks have been completed in the canvassing process except for the tallying of
votes.
4. Requires that when the meeting of the board of absentee ballot canvassers
recesses on the day before the election, the board must secure the automatic
tabulating equipment, and the areas where the programmed media, memory
devices, and absentee ballots are housed, with tamper-evident security seals in a
double-lock location such as a locked cabinet inside a locked office. Before resuming
the canvassing of absentee ballots, the board must check and record the status of
each tamper-evident seal and must immediately notify the Elections Commission
of any evidence of tampering. If the board discovers evidence of tampering with
respect to automatic tabulating equipment, the canvass may not resume until the
equipment is replaced and the replacement equipment is tested. Also, if the board
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of the absentee ballot count by ordering the municipality to conduct a recount after
the election and conducting an audit of the election equipment.
5. Provides that votes on absentee ballots canvassed early under the bill may
not be tallied until after the polls close on election day.
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 at 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 9 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.
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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.
TIMELINE FOR SENDING OR TRANSMITTING ABSENTEE BALLOTS
Current law requires a municipal clerk to send an absentee ballot for each
partisan primary, presidential preference primary, and general election to all
electors requesting the ballot, including military and overseas electors, no later than
the 47th day before the partisan primary, presidential preference primary, or general
election or, if the request is not made before that day, within one business day after
the request is received. For all other primaries and elections, the municipal clerk
must send or transmit the absentee ballot no later than the 21st day before the
primary or election or, if the request is not made before that day, within one business
day after the request is received.
Under the bill, a municipal clerk must send or transmit an absentee ballot for
all primaries and elections, regardless of the type of primary or election, to electors
other than military and overseas electors no later than the 21st day before the
primary or election or, if the request is not made before that day, within one business
day after the request is received. Under the bill, a municipal clerk must send or
transmit an absentee ballot for all primaries and elections, regardless of the type of
primary or election, to military and overseas electors no later than the 45th day
before the primary or election or, if the request is not made before that day, within
one business day after the request is received. That 45th day timeline is consistent
with federal law.
WHISTLEBLOWER PROTECTIONS
The bill provides whistleblower protection for municipal clerks who witness
and report election fraud or irregularities. Under the bill, no municipal clerk may
be discriminated against in regard to employment, including by being discharged,
disciplined, or demoted, as a reprisal because the clerk lawfully reported, or is
believed to have reported, witnessing what the clerk reasonably believed to be
election fraud or irregularities.
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 the 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, no later than one business day after the date
of a determination by the court, to notify the Elections Commission of the court's
determination regarding incompetency and ineligibility to vote. Under the bill,
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vote, the commission must, within one business day, 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 vote, and notify the voter's municipal clerk of
the voter's change in status. The bill also provides that if a court reviews a
determination of ineligibility to vote and restores the voter's right the vote, upon
receipt of that determination, the commission must, within one business day, change
the voter's status on the official voter registration list to active, note on the list that
the voter is eligible to vote, and notify the municipal clerk of the voter's change in
status.
VERIFICATIONS OF VOTER CITIZENSHIP STATUS
Current law requires the administrator of the Elections Commission to enter
into an agreement with the secretary of transportation to match personally
identifiable information on the official voter registration list with the information
maintained by the Department of Transportation. Under this bill, the agreement
with the secretary of transportation must also provide the commission access to
personally identifiable information maintained by DOT in order to verify that
individuals on the official registration list are U.S. citizens. In addition, the bill
requires the commission to conduct the verifications as soon as practicable after the
effective date of the bill and immediately whenever an individual registers to vote
or modifies his or her registration.
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:
SECTION 1. 5.05 (12) of the statutes is amended to read:
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.
SECTION 2. 5.056 of the statutes is amended to read:
5.056 Matching program with secretary of transportation. The
commission administrator shall enter into the agreement with the secretary of
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transportation specified under s. 85.61 (1) to match personally identifiable
information on the official registration list maintained by the commission under s.
6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable
information maintained by the department of transportation. The agreement shall
require the department of transportation to provide the commission access to
personally identifiable information maintained by the department of transportation
in order to verify that individuals on the official registration list are U.S. citizens.
The commission shall immediately verify the information on the list whenever an
individual registers to vote or modifies his or her registration.
SECTION 3. 5.057 of the statutes is created to read:
5.057 Determination of ineligibility to vote due to incompetency. (1)
(a) Upon receipt of a determination of ineligibility to vote under s. 54.25 (2) (c) 1. g.,
the commission shall, no later than one business day 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 vote in accordance with s. 6.03 (3), and notify the elector's municipal
clerk of the elector's change in status.
(b) The commission shall include the elector determined to be ineligible to vote
under s. 54.25 (2) (c) 1. g. on the ineligible elector list. If the elector's right to vote
is restored, as provided under s. 54.64 (2) (c), after preparation of the ineligible
elector list, the elector may vote at the elector's polling place on election day if the
elector presents to the chief inspector documentation from the court under s. 54.64
(2) (c) showing that the court has restored the elector's right to vote. If the elector
presents such documentation to the chief inspector, the chief inspector shall note the
elector's change in status on the ineligible elector list. If the elector is unable to
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present such documentation, the elector may cast a provisional ballot under s. 6.97,
but the ballot shall not be counted unless the elector provides the documentation
described under this paragraph to the polling place before the closing hour or to the
office of the municipal clerk or board of election commissioners no later than 4 p.m.
on the Friday after the election.
(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 one business day after receiving the
determination, change the status of the elector subject to the determination to active
on the official registration list under s. 6.36, note on the list that the elector is eligible
to vote in accordance with s. 6.03 (3), and notify the elector's municipal clerk of the
elector's change in status. The commission shall also remove the elector from the
ineligible elector list.
SECTION 4. 5.84 (1) of the statutes is amended to read:
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
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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.
SECTION 5. 5.84 (2) of the statutes is amended to read:
5.84 (2) Before beginning the ballot count at each polling place or at the central
counting location, 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.
SECTION 6. 5.85 (1) of the statutes is amended to read:
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,
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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.
SECTION 7. 5.85 (5) of the statutes is repealed.
SECTION 8. 5.86 of the statutes is repealed.
SECTION 9. 5.87 (1) of the statutes is amended to read:
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.
SECTION 10. 5.91 (17) of the statutes is amended to read:
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.
SECTION 11. 6.15 (4) (a) of the statutes is amended to read:
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6.15 (4) (a) Clerks holding new resident ballots shall deliver them to the
election inspectors in the proper ward or election district where the new residents
reside or, in municipalities where absentee ballots are canvassed under s. 7.52, to the
municipal board of absentee ballot canvassers when it convenes at a meeting
convened under s. 7.52 (1), as provided by s. 6.88 for absentee ballots.
SECTION 12. 6.15 (4) (b) of the statutes is amended to read:
6.15 (4) (b) During polling hours, or on the day before the election under s. 6.88
(4), the inspectors shall open each carrier envelope, announce the elector's name,
check the affidavit for proper execution, and check the voting qualifications for the
ward, if any. In municipalities where absentee ballots are canvassed under s. 7.52,
the municipal board of absentee ballot canvassers shall perform this function at a
meeting of the board of absentee ballot canvassers.
SECTION 13. 6.29 (2) (am) of the statutes is amended to read:
6.29 (2) (am) The commission shall provide to each municipal clerk a list
prepared for use at each municipal clerk's office showing the name and address of
each person whose name appears on the list provided by the department of
corrections under s. 301.03 (20m) as ineligible to vote, or whose registration status
is inactive under s. 5.057 (1) (a), on the date of the election, whose address is located
in the municipality, and whose name does not appear on the registration list for that
municipality. Prior to permitting an elector to register to vote under this subsection,
the municipal clerk shall review the list. If the name of an elector who wishes to
register to vote appears on the list, the municipal clerk shall inform the elector that
the elector is ineligible to register to vote. If the elector maintains that he or she is
eligible to vote in the election, the municipal clerk shall permit the elector to register
to vote but shall mark the elector's registration form as “ineligible to vote per
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Department of Corrections as a disqualified elector under s. 6.03." If the elector
wishes to vote, the municipal clerk shall challenge the elector's ballot in the same
manner as provided for inspectors who challenge ballots under s. 6.79 (2) (dm).
SECTION 14. 6.55 (2) (cs) of the statutes is amended to read:
6.55 (2) (cs) The commission shall provide to each municipal clerk a list
prepared for use at each polling place showing the name and address of each person
whose name appears on the list provided by the department of corrections under s.
301.03 (20m) as ineligible to vote, or whose registration status is inactive under s.
5.057 (1) (a), on the date of the election, whose address is located in the area served
by that polling place, and whose name does not appear on the poll list for that polling
place. Prior to permitting an elector to register to vote under this subsection or s. 6.86
(3) (a) 2., the inspectors or election registration officials shall review the list. If the
name of an elector who wishes to register to vote appears on the list, the inspectors
or election registration officials shall inform the elector or the elector's agent that the
elector is ineligible to register to vote. If the elector or the elector's agent maintains
that the elector is eligible to vote in the election, the inspectors or election
registration officials shall permit the elector to register but shall mark the elector's
registration form as “ineligible to vote per Department of Corrections as a
disqualified elector under s. 6.03." If the elector wishes to vote, the inspectors shall
require the elector to vote by ballot and shall challenge the ballot as provided in s.
6.79 (2) (dm).
SECTION 15. 6.56 (3m) of the statutes is amended to read:
6.56 (3m) As soon as possible after all information relating to registrations
after the close of registration for an election is entered on the registration list
following the election under s. 6.33 (5) (a), the commission shall compare the list of
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new registrants whose names do not appear on the poll lists for the election because
the names were added after the commission certified the poll lists for use at the
election with the list containing the names transmitted to the commission by the
department of corrections under s. 301.03 (20m) as of election day and with the
names provided in the notices of ineligibility received under s. 54.25 (2) (c) 1. g. If
the commission finds that the name of any person whose name appears on the list
transmitted under s. 301.03 (20m), or in a notice of ineligibility received under s.
54.25 (2) (c) 1. g., has been added to the registration list, the commission shall enter
on the list the information transmitted to the commission under s. 301.03 (20m) or
received under s. 54.25 (2) (c) 1. g. and shall notify the district attorney for the county
where the polling place is located that the person appears to have voted illegally at
the election.
SECTION 16. 6.79 (2) (dm) of the statutes is amended to read:
6.79 (2) (dm) If the poll list indicates that the elector is ineligible to vote because
the elector's name appears on the current list provided by the department of
corrections under s. 301.03 (20m) of ineligible electors, the inspectors shall inform
the elector of this fact. If the elector maintains that he or she is eligible to vote in the
election, the inspectors shall provide the elector with a ballot and, after the elector
casts his or her vote, shall challenge the ballot as provided in s. 6.92 and treat the
ballot in the manner provided in s. 6.95.
SECTION 17. 6.86 (1) (b) of the statutes is amended to read:
6.86 (1) (b) Except as provided in this section, if application is made by mail,
the application shall be received no later than 5 p.m. on the 5th day immediately
preceding the election. If application is made in person, the application shall be
made no earlier than 14 days preceding the election and no later than the Sunday
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preceding the election. No application may be received on a legal holiday. A
municipality shall specify the hours in the notice under s. 10.01 (2) (e). The
municipal clerk or an election official shall witness the certificate for any in-person
absentee ballot cast. Except as provided in par. (c), if the elector is making written
application for an absentee ballot at the partisan primary, the general election, the
presidential preference primary, or a special election for national office, and the
application indicates that the elector is a military elector, as defined in s. 6.34 (1), the
application shall be received by the municipal clerk no later than 5 p.m. on election
day. If the application indicates that the reason for requesting an absentee ballot is
that the elector is a sequestered juror, the application shall be received no later than
5 p.m. on election day. If the application is received after 5 p.m. on the Friday
immediately preceding the election, the municipal clerk or the clerk's agent shall
immediately take the ballot to the court in which the elector is serving as a juror and
deposit it with the judge. The judge shall recess court, as soon as convenient, and
give the elector the ballot. The judge shall then witness the voting procedure as
provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who
shall deliver it to the polling place election inspectors of the proper ward or election
district or, in municipalities where absentee ballots are canvassed under s. 7.52, to
the municipal clerk as required in s. 6.88. If application is made under sub. (2) or
(2m), the application may be received no later than 5 p.m. on the Friday immediately
preceding the election.
SECTION 18. 6.87 (6) of the statutes is amended to read:
6.87 (6) The ballot shall be returned so it is delivered to the polling place
election inspectors of the proper ward or election district no later than 8 p.m. on
election day. Except in municipalities where absentee ballots are canvassed under
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s. 7.52, if the municipal clerk receives an absentee ballot on election day, the clerk
shall secure the ballot and cause the ballot to be delivered to the polling place serving
the elector's residence before 8 p.m. Any ballot not mailed or delivered as provided
in this subsection may not be counted.
SECTION 19. 6.88 (1) of the statutes is amended to read:
6.88 (1) When an absentee ballot arrives at the office of the municipal clerk,
or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it,
unopened, in a carrier envelope which shall be securely sealed and endorsed with the
name and official title of the clerk, and the words “This envelope contains the ballot
of an absent elector and must be opened in the same room where votes are being cast
at the polls during polling hours on election day or, in municipalities where absentee
ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of
absentee ballot canvassers under s. 7.52, stats only as provided by law." If the elector
is a military elector, as defined in s. 6.34 (1), or an overseas elector, regardless of
whether the elector qualifies as a resident of this state under s. 6.10, and the ballot
was received by the elector by facsimile transmission or electronic mail and is
accompanied by a separate certificate, the clerk shall enclose the ballot in a
certificate envelope and securely append the completed certificate to the outside of
the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep
the ballot in the clerk's office or at the alternate site, if applicable until delivered, as
required in sub. (2).
SECTION 20. 6.88 (2) of the statutes is amended to read:
6.88 (2) When an absentee ballot is received by the municipal clerk prior to the
delivery of the official ballots to the election officials of the ward in which the elector
resides or, where absentee ballots are canvassed under s. 7.52, to the municipal board
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of absentee ballot canvassers, the municipal clerk shall seal the ballot envelope in
the carrier envelope as provided under sub. (1), and shall enclose the envelope in a
package and deliver the package to the election inspectors of the proper ward or
election district or, in municipalities where absentee ballots are canvassed under s.
7.52, to the municipal board of absentee ballot canvassers when it convenes at a
meeting convened under s. 7.52 (1). When the official ballots for the ward or election
district have been delivered to the election inspectors before the receipt of an
absentee ballot, the clerk shall immediately enclose the envelope containing the
absentee ballot in a carrier envelope as provided under sub. (1) and deliver it in
person to the proper election officials.
SECTION 21. 6.88 (4) of the statutes is created to read:
6.88 (4) (a) 1. The governing body of any municipality not specified in s. 7.52
(1) (a) may provide by ordinance that absentee ballots received by the municipal clerk
may be canvassed on the day before the election.
2. Prior to enacting an ordinance under subd. 1., the municipal clerk shall
notify the commission in writing of the proposed enactment and shall consult with
the commission concerning administration of this subsection.
(am) In any municipality having an ordinance under par. (a), subject to pars.
(b) to (f), the election inspectors may convene a meeting to begin canvassing absentee
ballots beginning at 7 a.m. on the day before the election.
(b) The municipal clerk shall give at least 60 days' notice of a meeting under
this subsection. Any member of the public has the same right of access to observe
the proceedings at a meeting under this subsection that the individual would have
under s. 7.41. The election inspectors may order the removal of any individual
exercising the right to observe the proceedings if the individual disrupts the meeting.
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(c) 1. At 7 a.m., noon, and 8 p.m. on the day before the election, and at 7 a.m.,
noon, and 8 p.m. on election day, the municipal clerk or his or her designee or
municipal board of election commissioners shall provide to the county clerk of the
county in which the municipality is located or the county board of election
commissioners a statement that shows the total number of absentee ballots returned
to the municipality and the total number of absentee ballots the election inspectors
have canvassed under this subsection. The county clerk or county board of election
commissioners shall promptly post each statement on the website on which returns
for the county are posted on election night under s. 7.60. In a municipality having
a municipal board of election commissioners, the statement required under this
paragraph shall also be posted on the website maintained by the municipal board of
election commissioners. The statement may not include the names or addresses of
any electors.
2. An absentee ballot shall be considered canvassed for purposes of subd. 1. only
after all tasks have been completed in the canvassing process except for the tallying
of votes.
(d) When the meeting of the election inspectors recesses on the day before the
election, the election inspectors shall secure the automatic tabulating equipment,
and the areas where the programmed media, memory devices, and absentee ballots
are housed, with tamper-evident security seals in a double-lock location such as a
locked cabinet inside a locked office. Before resuming the canvassing of absentee
ballots on election day, the election inspectors shall check and record the status of
each tamper-evident seal. The election inspectors shall immediately notify the
commission of any evidence of tampering. If the election inspectors discover evidence
of tampering with respect to automatic tabulating equipment, the canvass may not
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resume until the equipment is replaced and the replacement equipment is tested as
provided in s. 5.84, except that public notice need not be provided 48 hours prior to
the test. If the election inspectors discover evidence of tampering under this
paragraph, the commission shall verify the accuracy of the absentee ballot count in
the municipality in the election by doing all of the following:
1. Ordering the municipality to conduct a recount after the election of all
absentee ballots cast in the municipality in the election. The commission's order
shall establish procedures for the recount consistent with s. 9.01.
2. Auditing the election equipment in the same manner as audits are conducted
under s. 7.08 (6).
(e) Votes on absentee ballots canvassed under this subsection may not be tallied
until after the polls close on election day.
(f) No person may intentionally 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 this subsection before the polls close on election day. Whoever
intentionally violates this paragraph is guilty of a Class I felony.
(g) An ordinance under par. (a) may not take effect less than 60 days before an
election.
SECTION 22. 7.03 (1) (c) of the statutes is repealed.
SECTION 23. 7.15 (1) (cm) of the statutes is amended to read:
7.15 (1) (cm) Prepare official absentee ballots for delivery to electors requesting
them, and except as provided in this paragraph, send an official absentee ballot to
each elector who has requested a ballot by mail, and to each military elector, as
defined in s. 6.34 (1), and overseas elector who has requested a ballot by mail,
electronic mail, or facsimile transmission, no later than the 47th 45th day before
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each partisan primary, presidential preference primary, special primary or election,
and general election and no later than the 21st day before each other primary and
election if the request is made before that day; otherwise, the municipal clerk shall
send or transmit an official absentee ballot within one business day of the time the
military or overseas elector's request for such a ballot is received. The clerk shall
send or transmit an absentee ballot for the presidential preference primary to each
elector who has requested that to all other electors requesting a ballot no later than
the 47th 21st day before the presidential preference primary or election if the request
is made before that day, or, if the request is not made before that day, within one
business day of the time the request is received. For purposes of this paragraph,
“business day" means any day from Monday to Friday, not including a legal holiday
under s. 995.20.
SECTION 24. 7.15 (16) of the statutes is created to read:
7.15 (16) ELECTION NIGHT REPORTING. (a) At 9 p.m. on election night, and every
hour thereafter until the canvass is complete, the municipal clerk or his or her
designee or municipal board of election commissioners shall provide to the county
clerk of the county in which the municipality is located or the county board of election
commissioners 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
or county board of election commissioners shall promptly post each statement on the
website on which the county posts returns on election night under s. 7.60. In a
municipality having a municipal board of election commissioners, the statement
required under this subsection shall also be posted on the website maintained by the
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municipal board of election commissioners. The statement may not include the
names or addresses of any electors.
(b) An absentee ballot may be considered canvassed for purposes of par. (a) only
after all tasks have been completed in the canvassing process except for the tallying
of votes.
SECTION 25. 7.37 (12) of the statutes is amended to read:
7.37 (12) CANVASSERS. The election inspectors shall constitute the board of
canvassers of their polling place and in that capacity shall perform the duties under
s. 7.51, except as otherwise designated by the municipal clerk under ss. s. 5.85 and
5.86.
SECTION 26. 7.51 (1) of the statutes is amended to read:
7.51 (1) CANVASS PROCEDURE. Immediately after the polls close the inspectors
except any inspector appointed under s. 7.30 (1) (b) shall proceed to canvass publicly
all votes received at the polling place. In any municipality where an electronic voting
system is used, the municipal governing body or board of election commissioners may
provide or authorize the municipal clerk or executive director of the board of election
commissioners to provide for the adjournment of the canvass to one or more central
counting locations for specified polling places in the manner prescribed in subch. III
of ch. 5. No central counting location may be used to count votes at a polling place
where an electronic voting system is not employed. The canvass, whether conducted
at the polling place or at a central counting location, shall continue without
adjournment until the canvass of all ballots cast and received on or before election
day is completed and the return statement is made or, in municipalities where
absentee ballots are canvassed under s. 7.52, until the canvass of all absentee ballots
cast and received on or before election day is completed and the return statement for
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those ballots is made. The inspectors shall not permit access to the name of any
elector who has obtained a confidential listing under s. 6.47 (2) during the canvass,
except as authorized in s. 6.47 (8).
SECTION 27. 7.52 (1) (a) of the statutes is renumbered 7.52 (1) (a) 1. and
amended to read:
7.52 (1) (a) 1. The governing body of any municipality may provide by ordinance
that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,
at each election held in the municipality, canvass all absentee ballots received by the
municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this
subsection subdivision, the municipal clerk or board of election commissioners of the
municipality shall notify the elections commission in writing of the proposed
enactment and shall consult with the elections commission concerning
administration of this section. At Except as provided under par. (h), at every election
held in the municipality following enactment of an ordinance under this subsection
subdivision, the board of absentee ballot canvassers shall, any time after the opening
of the polls and before 10 p.m. on election day, publicly convene at 7 a.m. on the day
before the election to count the begin the canvass of absentee ballots for the
municipality and may not recess until 8 p.m. on that day, or at such time when there
are no further absentee ballots to be processed on that day, whichever is earlier, at
which time the meeting shall recess; the meeting shall reconvene at 7 a.m. on election
day and continue until all absentee ballots received by the municipal clerk by 8 p.m.
on election day have been canvassed.
2. The municipal clerk shall give at least 48 hours' 60 days' notice of any the
meeting under this subsection. Any member of the public has the same right of
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access to a meeting of the municipal board of absentee ballot canvassers under this
subsection that the individual would have under s. 7.41 to observe the proceedings
at a polling place. The board of absentee ballot canvassers may order the removal
of any individual exercising the right to observe the proceedings if the individual
disrupts the meeting.
SECTION 28. 7.52 (1) (d) to (h) of the statutes are created to read:
7.52 (1) (d) 1. At 7 a.m., noon, and 8 p.m. on the day before the election, and
at 7 a.m., noon, and 8 p.m. on election day, the municipal clerk or his or her designee
or municipal board of election commissioners shall provide to the county clerk of the
county in which the municipality is located or the county board of election
commissioners a statement that shows the total number of absentee ballots returned
to the municipality and the total number of absentee ballots the municipal board of
absentee ballot canvassers has canvassed under this subsection. The county clerk
or county board of election commissioners shall promptly post each statement on the
website on which returns for the county are posted on election night under s. 7.60.
In a municipality having a municipal board of election commissioners, the statement
required under this paragraph shall also be posted on the website maintained by the
municipal board of election commissioners. The statement may not include the
names or addresses of any electors.
2. An absentee ballot shall be considered canvassed for purposes of subd. 1. only
after all tasks have been completed in the canvassing process except for the tallying
of votes.
(e) When the meeting of the board of absentee ballot canvassers recesses on the
day before the election, the board of absentee ballot canvassers shall secure the
automatic tabulating equipment, and the areas where the programmed media,
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memory devices, and absentee ballots are housed, with tamper-evident security
seals in a double-lock location such as a locked cabinet inside a locked office. Before
resuming the canvassing of ballots on election day, the board of absentee ballot
canvassers shall check and record the status of each tamper-evident seal. The board
of absentee ballot canvassers shall immediately notify the commission of any
evidence of tampering. If the board of absentee ballot canvassers discovers evidence
of tampering with respect to automatic tabulating equipment, the canvass may not
resume until the equipment is replaced and the replacement equipment is tested as
provided in s. 5.84, except that public notice need not be provided 48 hours prior to
the test. If the board of absentee ballot canvassers discovers evidence of tampering
under this paragraph, the commission shall verify the accuracy of the absentee ballot
count in the municipality in the election by doing all of the following:
1. Ordering the municipality to conduct a recount after the election of all
absentee ballots cast in the municipality in the election. The commission's order
shall establish procedures for the recount consistent with s. 9.01.
2. Auditing the election equipment in the same manner as audits are conducted
under s. 7.08 (6).
(f) Votes on absentee ballots canvassed under this section may not be tallied
until after the polls close on election day.
(g) No person may intentionally 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 this section before the polls close on election day. Whoever
intentionally violates this paragraph is guilty of a Class I felony.
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(h) Canvassing absentee ballots on the day before the election under this
section 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.
SECTION 29. 7.52 (2) of the statutes is amended to read:
7.52 (2) In counting the absentee ballots, the board of absentee ballot
canvassers shall use 2 duplicate copies of a single poll list for the entire municipality
prepared in accordance with s. 6.36 (2). Upon accepting reviewing each absentee
ballot certificate envelope to ensure that it satisfies all applicable legal
requirements, the board of absentee ballot canvassers shall enter a poll list
sequential count number on the poll list next to the name of the elector who voted
the ballot, beginning with the number one. If the elector's name does not appear on
the poll list, the board of absentee ballot canvassers shall enter the number on a
separate list maintained under this subsection. The board of absentee ballot
canvassers shall record each elector's sequential count number on the face of the
elector's certificate envelope.
SECTION 30. 7.52 (3) (a) of the statutes is amended to read:
7.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier
envelope only, and, in such a manner that a member of the public, if he or she desired,
could hear, announce the name of the absent elector or the identification serial
number of the absent elector if the elector has a confidential listing under s. 6.47 (2).
When the board of absentee ballot canvassers finds that the certification has been
properly executed and the applicant is a qualified elector of the ward or election
district, the board of absentee ballot canvassers shall enter an indication, including
the elector's sequential count number as provided under sub. (2), on the poll list next
to the applicant's name indicating an absentee ballot is cast by the elector. The board
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of absentee ballot canvassers shall then open the envelope containing the ballot in
a manner so as not to deface or destroy the certification thereon. The board of
absentee ballot canvassers shall take out the ballot without unfolding it or
permitting it to be unfolded or examined and shall remove the ballot from the
certificate envelope without viewing who the elector voted for. Unless the ballot is
cast under s. 6.95, the board of absentee ballot canvassers shall verify that the ballot
has been endorsed by the issuing clerk. If the poll list indicates that proof of
residence is required and no proof of residence is enclosed or the name or address on
the document that is provided is not the same as the name and address shown on the
poll list, the board of absentee ballot canvassers shall proceed as provided under s.
6.97 (2). The board of absentee ballot canvassers shall mark the poll list number of
each elector who casts an absentee ballot on the back of the elector's ballot. The board
of absentee ballot canvassers shall then deposit the ballot into the proper ballot box
and enter the absent elector's name or poll list number after his or her name on the
poll list or automatic tabulating equipment.
SECTION 31. 7.52 (4) (a) of the statutes is amended to read:
7.52 (4) (a) The board of absentee ballot canvassers shall then open the ballot
box and remove and count the number of ballots therein without examination except
as is necessary to ascertain that each is a single ballot. If 2 or more ballots are folded
together so as to appear as a single ballot, the board of absentee ballot canvassers
shall lay them aside until the count is completed; and if, after a comparison of the
count and the appearance of the ballots it appears to the board of absentee ballot
canvassers that the ballots folded together were voted by the same person they shall
not be counted but the board of absentee ballot canvassers shall mark them as to the
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reason for removal, set them aside, and carefully preserve them. The board of
absentee ballot canvassers shall then proceed under par. (b).
SECTION 32. 7.52 (9) of the statutes is amended to read:
7.52 (9) The governing body of any municipality that has provided by ordinance
enacted under sub. (1) (a) 1. for the canvassing of absentee ballots at all elections held
in the municipality under this section may by similar action rescind that decision.
Thereafter, the absentee ballots at all elections held in the municipality shall be
canvassed as provided in s. 6.88.
SECTION 33. 7.52 (10) of the statutes is created to read:
7.52 (10) A member of the board of absentee ballot canvassers or other election
official who willfully neglects or refuses to perform any of the duties prescribed under
this section is guilty of a Class I felony.
SECTION 34. 7.52 (11) of the statutes is created to read:
7.52 (11) An ordinance under sub. (1) may not take effect less than 60 days
before an election.
SECTION 35. 54.25 (2) (c) 1. g. of the statutes is amended to read:
54.25 (2) (c) 1. g. The right to register to vote or to vote in an election, if the court
finds that the individual is incapable of understanding the objective of the elective
process. Also, in accordance with s. 6.03 (3), any elector of a municipality may
petition the circuit court for a determination that an individual residing in the
municipality is incapable of understanding the objective of the elective process and
thereby ineligible to register to vote or to vote in an election. This determination
shall be made by the court in accordance with the procedures specified in this
paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall
be limited to a determination as to voting eligibility. The appointment of a guardian
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is not required for an individual whose sole limitation is ineligibility to vote. The No
later than one business day after the date of a determination, the court shall notify
the elections commission by electronic means of the determination of the court. In
addition, the determination of the court shall be communicated in writing by the
clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, 6.93,
or 7.52 (5) with the responsibility for determining challenges to registration and
voting that may be directed against that elector. The determination may be reviewed
as provided in s. 54.64 (2) and. The court shall notify election official or agency
charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for
determining challenges to registration and voting that may be directed against that
elector of any subsequent determination of the court shall be likewise communicated
by the clerk of court no later than one business day after the determination. All
notices provided under this subd. 1. g. shall include the full name; address, including
city, state, and zip code; and date of birth of the individual subject to the
determination. If the court appoints a guardian for an individual who is ineligible
to vote, the guardian shall report an address change for the individual to the court
within 10 business days of the change and the court shall notify the elections
commission by electronic means of that address change using the methods described
in this subd. 1. g. no later than one business day after receiving the information.
SECTION 36. 66.0512 of the statutes is created to read:
66.0512 Whistleblower protection for certain disclosures made by
municipal clerks. No municipal clerk may be discharged, disciplined, demoted, or
otherwise discriminated against in regard to employment, or threatened with any
such treatment, as a reprisal because the clerk lawfully reported, or is believed to
have reported, witnessing what the clerk reasonably believed to be election fraud or
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irregularities. For purposes of this section, “lawfully reported” means a report of
information the disclosure of which is not expressly prohibited by state or federal law,
rule, or regulation.
SECTION 37.0Nonstatutory provisions.
(1) CITIZENSHIP VERIFICATION. The elections commission shall verify the
citizenship of all electors on the official registration list as soon as practicable after
the effective date of this subsection using the information provided by the
department of transportation under s. 5.056.
(END)
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