Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB567 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 567
5	5	October 26, 2023 - Introduced by Representatives TUSLER, MAXEY, ARMSTRONG,
6	6	DITTRICH, DONOVAN, KITCHENS, MICHALSKI, MURPHY, O'CONNOR, RETTINGER,
7	7	ROZAR, SCHRAA and STEFFEN, cosponsored by Senator CABRAL-GUEVARA.
8	8	Referred to Committee on Campaigns and Elections.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 5.85 (5), 5.86 and 7.03 (1) (c); to renumber and amend 7.52
11	11	(1) (a); to amend 5.05 (12), 5.056, 5.84 (1), 5.84 (2), 5.85 (1), 5.87 (1), 5.91 (17),
12	12	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
13	13	(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
14	14	(3) (a), 7.52 (4) (a), 7.52 (9) and 54.25 (2) (c) 1. g.; and to create 5.057, 6.88 (4),
15	15	7.15 (16), 7.52 (1) (d) to (h), 7.52 (10), 7.52 (11) and 66.0512 of the statutes;
16	16	relating to: transmitting and canvassing absentee ballots, use of central
17	17	counting locations, election night reporting, whistleblower protection for
18	18	municipal clerks, notifications and verifications concerning citizenship status,
19	19	court determinations of incompetency and ineligibility to vote, and providing
20	20	a penalty.
21	21	Analysis by the Legislative Reference Bureau
22	22	EARLY CANVASSING OF ABSENTEE BALLOTS
23	23	Under current law, absentee ballots may not be canvassed until election day.
24	24	Current law additionally provides that any municipality may provide by ordinance
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38	38	that, in lieu of canvassing absentee ballots at polling places, a municipal board of
39	39	absentee ballot canvassers established by the municipality is responsible for
40	40	canvassing all absentee ballots received by the municipal clerk by 8 p.m. on election
41	41	day. In such a municipality, the board of absentee ballot canvassers is required to
42	42	convene a meeting any time after the polls open and before 10 p.m. on election day
43	43	to canvass the absentee ballots cast in the municipality in the election. Among the
44	44	requirements governing such a meeting, any member of the public has the same right
45	45	of access to the meeting that the individual would have to observe the canvassing of
46	46	absentee ballots at a polling place.
47	47	This bill does all of the following:
48	48	1. Requires the municipal board of absentee ballot canvassers in a municipality
49	49	having an ordinance described above to begin canvassing absentee ballots on the day
50	50	before an election. Canvassing absentee ballots on the day before the election is
51	51	optional except for each spring and general election and each special election or recall
52	52	election if the special or recall election is for a state or national office.
53	53	2. Provides that the board of absentee ballot canvassers must publicly convene
54	54	at 7 a.m. on the day before the election to begin the canvass of absentee ballots for
55	55	the municipality and recess at 8 p.m. on that day.
56	56	3. Requires that at 7 a.m., noon, and 8 p.m. on the day before the election, and
57	57	at 7 a.m., noon, and 8 p.m. on election day, the municipal clerk or his or her designee
58	58	or the municipal board of election commissioners must provide to the county clerk
59	59	or county board of election commissioners of the county in which the municipality is
60	60	located a statement that shows the total number of absentee ballots returned to the
61	61	municipality and the total number of absentee ballots the municipal board of
62	62	absentee ballot canvassers has canvassed. The county clerk or county board of
63	63	election commissioners must promptly post each statement on the website on which
64	64	returns for the county are posted on election night. In a municipality having a
65	65	municipal board of election commissioners (currently, only the city of Milwaukee),
66	66	the municipal board of election commissioners must also post the statement on the
67	67	website maintained by the municipal board of election commissioners. The
68	68	statement may not include the names or addresses of any electors. An absentee
69	69	ballot is considered canvassed for purposes of this reporting requirement only after
70	70	all tasks have been completed in the canvassing process except for the tallying of
71	71	votes.
72	72	4. Requires that when the meeting of the board of absentee ballot canvassers
73	73	recesses on the day before the election, the board must secure the automatic
74	74	tabulating equipment, and the areas where the programmed media, memory
75	75	devices, and absentee ballots are housed, with tamper-evident security seals in a
76	76	double-lock location such as a locked cabinet inside a locked office. Before resuming
77	77	the canvassing of absentee ballots, the board must check and record the status of
78	78	each tamper-evident seal and must immediately notify the Elections Commission
79	79	of any evidence of tampering. If the board discovers evidence of tampering with
80	80	respect to automatic tabulating equipment, the canvass may not resume until the
81	81	equipment is replaced and the replacement equipment is tested. Also, if the board
82	82	discovers evidence of tampering, the Elections Commission must verify the accuracy - 3 -2023 - 2024 Legislature
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86	86	of the absentee ballot count by ordering the municipality to conduct a recount after
87	87	the election and conducting an audit of the election equipment.
88	88	5. Provides that votes on absentee ballots canvassed early under the bill may
89	89	not be tallied until after the polls close on election day.
90	90	6. Provides that no person may act in a manner that would give him or her the
91	91	ability to know or to provide information on the tallied results from the ballots
92	92	canvassed under the bill before the polls close on election day. Whoever intentionally
93	93	violates that prohibition is guilty of a Class I felony, the penalty for which is a fine
94	94	not to exceed $10,000 or imprisonment not to exceed three years and six months, or
95	95	both.
96	96	7. Authorizes municipalities not having a board of absentee ballot canvassers
97	97	to begin processing absentee ballots beginning at 7 a.m. on the day before the election
98	98	subject to some of the requirements described above. In order to canvass absentee
99	99	ballots early, such a municipality must provide by ordinance that absentee ballots
100	100	received by the municipal clerk may be canvassed on the day before the election.
101	101	Prior to enacting the ordinance, the municipal clerk must notify the Elections
102	102	Commission in writing of the proposed ordinance and must consult with the
103	103	Elections Commission concerning the early canvassing of absentee ballots.
104	104	Finally, under current law, criminal penalties are provided for election officials
105	105	who commit certain specified kinds of election fraud. Otherwise, the willful neglect
106	106	or refusal of an election official to perform a duty prescribed under the election laws
107	107	is punishable by disqualification to act as an election official for five years. Under
108	108	the bill, a member of the municipal board of absentee ballot canvassers or other
109	109	election official who willfully neglects or refuses to perform any of the duties
110	110	prescribed under the bill, and other duties prescribed under current law, with respect
111	111	to the canvassing of absentee ballots by a municipal board of absentee ballot
112	112	canvassers is guilty of a Class I felony.
113	113	USE OF CENTRAL COUNTING LOCATIONS
114	114	Under current law, votes are canvassed at the polling place after polls close on
115	115	election day, except that any municipality where an electronic voting system is used
116	116	may elect to adjourn the canvass to a central counting location where votes cast at
117	117	multiple polling places in the municipality may all be counted after the polls close
118	118	on election day. The bill eliminates the option for municipalities to use such central
119	119	counting locations.
120	120	ELECTION NIGHT REPORTING
121	121	Under the bill, at 9 p.m. on election night, and every hour thereafter until the
122	122	canvass is complete, each municipal clerk or his or her designee must provide to the
123	123	county clerk of the county in which the municipality is located a statement that
124	124	shows the total number of ballots, including absentee ballots, cast at the
125	125	municipality in the election, the total number of ballots, including absentee ballots,
126	126	that have been canvassed, and the total number of ballots, including absentee
127	127	ballots, that remain to be canvassed. The county clerk must promptly post each
128	128	statement on the website on which the county clerk posts returns on election night.
129	129	In a municipality having a municipal board of election commissioners (currently,
130	130	only the city of Milwaukee), the municipal board of election commissioners must also - 4 -2023 - 2024 Legislature LRB-4402/2
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133	133	post the statement on the website maintained by the municipal board of election
134	134	commissioners. The statement may not include the names or addresses of any
135	135	electors.
136	136	TIMELINE FOR SENDING OR TRANSMITTING ABSENTEE BALLOTS
137	137	Current law requires a municipal clerk to send an absentee ballot for each
138	138	partisan primary, presidential preference primary, and general election to all
139	139	electors requesting the ballot, including military and overseas electors, no later than
140	140	the 47th day before the partisan primary, presidential preference primary, or general
141	141	election or, if the request is not made before that day, within one business day after
142	142	the request is received. For all other primaries and elections, the municipal clerk
143	143	must send or transmit the absentee ballot no later than the 21st day before the
144	144	primary or election or, if the request is not made before that day, within one business
145	145	day after the request is received.
146	146	Under the bill, a municipal clerk must send or transmit an absentee ballot for
147	147	all primaries and elections, regardless of the type of primary or election, to electors
148	148	other than military and overseas electors no later than the 21st day before the
149	149	primary or election or, if the request is not made before that day, within one business
150	150	day after the request is received. Under the bill, a municipal clerk must send or
151	151	transmit an absentee ballot for all primaries and elections, regardless of the type of
152	152	primary or election, to military and overseas electors no later than the 45th day
153	153	before the primary or election or, if the request is not made before that day, within
154	154	one business day after the request is received. That 45th day timeline is consistent
155	155	with federal law.
156	156	WHISTLEBLOWER PROTECTIONS
157	157	The bill provides whistleblower protection for municipal clerks who witness
158	158	and report election fraud or irregularities. Under the bill, no municipal clerk may
159	159	be discriminated against in regard to employment, including by being discharged,
160	160	disciplined, or demoted, as a reprisal because the clerk lawfully reported, or is
161	161	believed to have reported, witnessing what the clerk reasonably believed to be
162	162	election fraud or irregularities.
163	163	COURT DETERMINATIONS OF INCOMPETENCY AND INELIGIBILITY TO VOTE
164	164	Under current law, no person who is incapable of understanding the objective
165	165	of the elective process or who is under a guardianship may vote unless a court has
166	166	determined that the person is competent to vote. Current law also allows any voter
167	167	in a municipality to petition the circuit court to determine whether a person residing
168	168	in the municipality is incapable of understanding the objective of the elective
169	169	process. If the court determines that the person is incapable of such understanding,
170	170	the person is not eligible to register to vote or to vote. Current law requires the clerk
171	171	of the circuit court to communicate the court's determinations, in writing, to the
172	172	election officials who are responsible for determining challenges to registration and
173	173	voting that may be brought against the person.
174	174	This bill requires the circuit court, no later than one business day after the date
175	175	of a determination by the court, to notify the Elections Commission of the court's
176	176	determination regarding incompetency and ineligibility to vote. Under the bill,
177	177	when the commission receives a determination of incompetency and ineligibility to - 5 -2023 - 2024 Legislature
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181	181	vote, the commission must, within one business day, change the status of the voter
182	182	subject to the determination to inactive on the official voter registration list, note on
183	183	the list that the voter is ineligible to vote, and notify the voter's municipal clerk of
184	184	the voter's change in status. The bill also provides that if a court reviews a
185	185	determination of ineligibility to vote and restores the voter's right the vote, upon
186	186	receipt of that determination, the commission must, within one business day, change
187	187	the voter's status on the official voter registration list to active, note on the list that
188	188	the voter is eligible to vote, and notify the municipal clerk of the voter's change in
189	189	status.
190	190	VERIFICATIONS OF VOTER CITIZENSHIP STATUS
191	191	Current law requires the administrator of the Elections Commission to enter
192	192	into an agreement with the secretary of transportation to match personally
193	193	identifiable information on the official voter registration list with the information
194	194	maintained by the Department of Transportation. Under this bill, the agreement
195	195	with the secretary of transportation must also provide the commission access to
196	196	personally identifiable information maintained by DOT in order to verify that
197	197	individuals on the official registration list are U.S. citizens. In addition, the bill
198	198	requires the commission to conduct the verifications as soon as practicable after the
199	199	effective date of the bill and immediately whenever an individual registers to vote
200	200	or modifies his or her registration.
201	201	For further information see the state and local fiscal estimate, which will be
202	202	printed as an appendix to this bill.
203	203	The people of the state of Wisconsin, represented in senate and assembly, do
204	204	enact as follows:
205	205	SECTION 1. 5.05 (12) of the statutes is amended to read:
206	206	5.05 (12) VOTER EDUCATION. The commission may conduct or prescribe
207	207	requirements for educational programs to inform electors about voting procedures,
208	208	voting rights, and voting technology. The commission shall conduct an educational
209	209	program for the purpose of educating electors who cast paper ballots, ballots that are
210	210	counted at a central counting location, and absentee ballots of the effect of casting
211	211	excess votes for a single office.
212	212	SECTION 2. 5.056 of the statutes is amended to read:
213	213	5.056 Matching program with secretary of transportation. The
214	214	commission administrator shall enter into the agreement with the secretary of
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226	226	SECTION 2 ASSEMBLY BILL 567
227	227	transportation specified under s. 85.61 (1) to match personally identifiable
228	228	information on the official registration list maintained by the commission under s.
229	229	6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable
230	230	information maintained by the department of transportation. The agreement shall
231	231	require the department of transportation to provide the commission access to
232	232	personally identifiable information maintained by the department of transportation
233	233	in order to verify that individuals on the official registration list are U.S. citizens.
234	234	The commission shall immediately verify the information on the list whenever an
235	235	individual registers to vote or modifies his or her registration.
236	236	SECTION 3. 5.057 of the statutes is created to read:
237	237	5.057 Determination of ineligibility to vote due to incompetency. (1)
238	238	(a) Upon receipt of a determination of ineligibility to vote under s. 54.25 (2) (c) 1. g.,
239	239	the commission shall, no later than one business day after receiving the
240	240	determination, change the status of the elector subject to the determination to
241	241	inactive on the official registration list under s. 6.36, note on the list that the elector
242	242	is ineligible to vote in accordance with s. 6.03 (3), and notify the elector's municipal
243	243	clerk of the elector's change in status.
244	244	(b) The commission shall include the elector determined to be ineligible to vote
245	245	under s. 54.25 (2) (c) 1. g. on the ineligible elector list. If the elector's right to vote
246	246	is restored, as provided under s. 54.64 (2) (c), after preparation of the ineligible
247	247	elector list, the elector may vote at the elector's polling place on election day if the
248	248	elector presents to the chief inspector documentation from the court under s. 54.64
249	249	(2) (c) showing that the court has restored the elector's right to vote. If the elector
250	250	presents such documentation to the chief inspector, the chief inspector shall note the
251	251	elector's change in status on the ineligible elector list. If the elector is unable to
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279	279	SECTION 3
280	280	ASSEMBLY BILL 567
281	281	present such documentation, the elector may cast a provisional ballot under s. 6.97,
282	282	but the ballot shall not be counted unless the elector provides the documentation
283	283	described under this paragraph to the polling place before the closing hour or to the
284	284	office of the municipal clerk or board of election commissioners no later than 4 p.m.
285	285	on the Friday after the election.
286	286	(2) If under s. 54.64 (2) (a) a court subsequently reviews a determination of
287	287	ineligibility to vote under s. 54.25 (2) (c) 1. g. and restores an elector's right to vote,
288	288	as provided under s. 54.64 (2) (c), upon receipt of the reviewing court's determination,
289	289	the commission shall, no later than one business day after receiving the
290	290	determination, change the status of the elector subject to the determination to active
291	291	on the official registration list under s. 6.36, note on the list that the elector is eligible
292	292	to vote in accordance with s. 6.03 (3), and notify the elector's municipal clerk of the
293	293	elector's change in status. The commission shall also remove the elector from the
294	294	ineligible elector list.
295	295	SECTION 4. 5.84 (1) of the statutes is amended to read:
296	296	5.84 (1) Where any municipality employs an electronic voting system which
297	297	that utilizes automatic tabulating equipment, either at the polling place or at a
298	298	central counting location, the municipal clerk shall, on any day not more than 10
299	299	days prior to the election day on which the equipment is to be utilized in an election,
300	300	have the equipment tested to ascertain that it will correctly count the votes cast for
301	301	all offices and on all measures. Public notice of the time and place of the test shall
302	302	be given by the clerk at least 48 hours prior to the test by posting notice on the
303	303	municipality's website if it has one and by publication of a class 1 notice under ch.
304	304	985 in one or more newspapers published within the municipality if a newspaper is
305	305	published therein, otherwise in a newspaper of general circulation therein. The test
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333	333	shall be open to the public. The test shall be conducted by processing a preaudited
334	334	group of ballots so marked as to record a predetermined number of valid votes for
335	335	each candidate and on each referendum. The test shall include for each office one
336	336	or more ballots which have votes in excess of the number allowed by law and, for a
337	337	partisan primary election, one or more ballots which have votes cast for candidates
338	338	of more than one recognized political party, in order to test the ability of the
339	339	automatic tabulating equipment to reject such votes. If any error is detected, the
340	340	municipal clerk shall ascertain the cause and correct the error. The clerk shall make
341	341	an errorless count before the automatic tabulating equipment is approved by the
342	342	clerk for use in the election.
343	343	SECTION 5. 5.84 (2) of the statutes is amended to read:
344	344	5.84 (2) Before beginning the ballot count at each polling place or at the central
345	345	counting location, the election officials shall witness a test of the automatic
346	346	tabulating equipment by engaging the printing mechanism and securing a printed
347	347	result showing a zero count for every candidate and referendum. After the
348	348	completion of the count, the ballots and programs used shall be sealed and retained
349	349	under the custody of the municipal clerk in a secure location.
350	350	SECTION 6. 5.85 (1) of the statutes is amended to read:
351	351	5.85 (1) At any polling place at which an electronic voting system is utilized,
352	352	the following procedures for receiving, counting, tallying, and return of the ballots
353	353	shall be used. Whenever paper ballots are utilized at a polling place in combination
354	354	with ballots employed in an electronic voting system, the paper ballots shall be
355	355	deposited in a separate ballot box or boxes, according to the types of ballots used. For
356	356	the purpose of transporting the ballots or the record of the votes cast, the municipal
357	357	clerk shall provide a secure container for each polling place. At each polling place,
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387	387	the applicable portions of the procedure prescribed for initiating the canvass under
388	388	s. 7.51 (1) and (2) shall be performed, except that no count of the ballots, except
389	389	write-in votes and paper ballots used for absentee voting and other purposes
390	390	authorized by law, may be performed at a polling place if a central counting location
391	391	is designated for the counting of ballots at that polling place by the municipality.
392	392	SECTION 7. 5.85 (5) of the statutes is repealed.
393	393	SECTION 8. 5.86 of the statutes is repealed.
394	394	SECTION 9. 5.87 (1) of the statutes is amended to read:
395	395	5.87 (1) If a central counting location is not utilized, the The procedure for
396	396	tabulating the votes by the automatic tabulating equipment shall be under the
397	397	direction of the chief inspector and shall conform to the requirements of the
398	398	automatic tabulating equipment. If any ballot is not accepted by the automatic
399	399	tabulating equipment, the election officials shall make a duplicate ballot to replace
400	400	that ballot in the manner prescribed in s. 5.85 (3). All proceedings at the polling place
401	401	and at any central counting location shall be open to the public, but no person, except
402	402	those employed and authorized for the purpose, may touch any ballot, container,
403	403	envelope, return, or equipment.
404	404	SECTION 10. 5.91 (17) of the statutes is amended to read:
405	405	5.91 (17) Unless the ballot is counted at a central counting location, it It
406	406	includes a mechanism for notifying an elector who attempts to cast an excess number
407	407	of votes for a single office that his or her votes for that office will not be counted, and
408	408	provides the elector with an opportunity to correct his or her ballot or to receive and
409	409	cast a replacement ballot.
410	410	SECTION 11. 6.15 (4) (a) of the statutes is amended to read:
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437	437	6.15 (4) (a) Clerks holding new resident ballots shall deliver them to the
438	438	election inspectors in the proper ward or election district where the new residents
439	439	reside or, in municipalities where absentee ballots are canvassed under s. 7.52, to the
440	440	municipal board of absentee ballot canvassers when it convenes at a meeting
441	441	convened under s. 7.52 (1), as provided by s. 6.88 for absentee ballots.
442	442	SECTION 12. 6.15 (4) (b) of the statutes is amended to read:
443	443	6.15 (4) (b) During polling hours, or on the day before the election under s. 6.88
444	444	(4), the inspectors shall open each carrier envelope, announce the elector's name,
445	445	check the affidavit for proper execution, and check the voting qualifications for the
446	446	ward, if any. In municipalities where absentee ballots are canvassed under s. 7.52,
447	447	the municipal board of absentee ballot canvassers shall perform this function at a
448	448	meeting of the board of absentee ballot canvassers.
449	449	SECTION 13. 6.29 (2) (am) of the statutes is amended to read:
450	450	6.29 (2) (am) The commission shall provide to each municipal clerk a list
451	451	prepared for use at each municipal clerk's office showing the name and address of
452	452	each person whose name appears on the list provided by the department of
453	453	corrections under s. 301.03 (20m) as ineligible to vote, or whose registration status
454	454	is inactive under s. 5.057 (1) (a), on the date of the election, whose address is located
455	455	in the municipality, and whose name does not appear on the registration list for that
456	456	municipality. Prior to permitting an elector to register to vote under this subsection,
457	457	the municipal clerk shall review the list. If the name of an elector who wishes to
458	458	register to vote appears on the list, the municipal clerk shall inform the elector that
459	459	the elector is ineligible to register to vote. If the elector maintains that he or she is
460	460	eligible to vote in the election, the municipal clerk shall permit the elector to register
461	461	to vote but shall mark the elector's registration form as “ineligible to vote per
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489	489	SECTION 13
490	490	ASSEMBLY BILL 567
491	491	Department of Corrections as a disqualified elector under s. 6.03." If the elector
492	492	wishes to vote, the municipal clerk shall challenge the elector's ballot in the same
493	493	manner as provided for inspectors who challenge ballots under s. 6.79 (2) (dm).
494	494	SECTION 14. 6.55 (2) (cs) of the statutes is amended to read:
495	495	6.55 (2) (cs) The commission shall provide to each municipal clerk a list
496	496	prepared for use at each polling place showing the name and address of each person
497	497	whose name appears on the list provided by the department of corrections under s.
498	498	301.03 (20m) as ineligible to vote, or whose registration status is inactive under s.
499	499	5.057 (1) (a), on the date of the election, whose address is located in the area served
500	500	by that polling place, and whose name does not appear on the poll list for that polling
501	501	place. Prior to permitting an elector to register to vote under this subsection or s. 6.86
502	502	(3) (a) 2., the inspectors or election registration officials shall review the list. If the
503	503	name of an elector who wishes to register to vote appears on the list, the inspectors
504	504	or election registration officials shall inform the elector or the elector's agent that the
505	505	elector is ineligible to register to vote. If the elector or the elector's agent maintains
506	506	that the elector is eligible to vote in the election, the inspectors or election
507	507	registration officials shall permit the elector to register but shall mark the elector's
508	508	registration form as “ineligible to vote per Department of Corrections as a
509	509	disqualified elector under s. 6.03." If the elector wishes to vote, the inspectors shall
510	510	require the elector to vote by ballot and shall challenge the ballot as provided in s.
511	511	6.79 (2) (dm).
512	512	SECTION 15. 6.56 (3m) of the statutes is amended to read:
513	513	6.56 (3m) As soon as possible after all information relating to registrations
514	514	after the close of registration for an election is entered on the registration list
515	515	following the election under s. 6.33 (5) (a), the commission shall compare the list of
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542	542	SECTION 15 ASSEMBLY BILL 567
543	543	new registrants whose names do not appear on the poll lists for the election because
544	544	the names were added after the commission certified the poll lists for use at the
545	545	election with the list containing the names transmitted to the commission by the
546	546	department of corrections under s. 301.03 (20m) as of election day and with the
547	547	names provided in the notices of ineligibility received under s. 54.25 (2) (c) 1. g. If
548	548	the commission finds that the name of any person whose name appears on the list
549	549	transmitted under s. 301.03 (20m), or in a notice of ineligibility received under s.
550	550	54.25 (2) (c) 1. g., has been added to the registration list, the commission shall enter
551	551	on the list the information transmitted to the commission under s. 301.03 (20m) or
552	552	received under s. 54.25 (2) (c) 1. g. and shall notify the district attorney for the county
553	553	where the polling place is located that the person appears to have voted illegally at
554	554	the election.
555	555	SECTION 16. 6.79 (2) (dm) of the statutes is amended to read:
556	556	6.79 (2) (dm) If the poll list indicates that the elector is ineligible to vote because
557	557	the elector's name appears on the current list provided by the department of
558	558	corrections under s. 301.03 (20m) of ineligible electors, the inspectors shall inform
559	559	the elector of this fact. If the elector maintains that he or she is eligible to vote in the
560	560	election, the inspectors shall provide the elector with a ballot and, after the elector
561	561	casts his or her vote, shall challenge the ballot as provided in s. 6.92 and treat the
562	562	ballot in the manner provided in s. 6.95.
563	563	SECTION 17. 6.86 (1) (b) of the statutes is amended to read:
564	564	6.86 (1) (b) Except as provided in this section, if application is made by mail,
565	565	the application shall be received no later than 5 p.m. on the 5th day immediately
566	566	preceding the election. If application is made in person, the application shall be
567	567	made no earlier than 14 days preceding the election and no later than the Sunday
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595	595	SECTION 17
596	596	ASSEMBLY BILL 567
597	597	preceding the election. No application may be received on a legal holiday. A
598	598	municipality shall specify the hours in the notice under s. 10.01 (2) (e). The
599	599	municipal clerk or an election official shall witness the certificate for any in-person
600	600	absentee ballot cast. Except as provided in par. (c), if the elector is making written
601	601	application for an absentee ballot at the partisan primary, the general election, the
602	602	presidential preference primary, or a special election for national office, and the
603	603	application indicates that the elector is a military elector, as defined in s. 6.34 (1), the
604	604	application shall be received by the municipal clerk no later than 5 p.m. on election
605	605	day. If the application indicates that the reason for requesting an absentee ballot is
606	606	that the elector is a sequestered juror, the application shall be received no later than
607	607	5 p.m. on election day. If the application is received after 5 p.m. on the Friday
608	608	immediately preceding the election, the municipal clerk or the clerk's agent shall
609	609	immediately take the ballot to the court in which the elector is serving as a juror and
610	610	deposit it with the judge. The judge shall recess court, as soon as convenient, and
611	611	give the elector the ballot. The judge shall then witness the voting procedure as
612	612	provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who
613	613	shall deliver it to the polling place election inspectors of the proper ward or election
614	614	district or, in municipalities where absentee ballots are canvassed under s. 7.52, to
615	615	the municipal clerk as required in s. 6.88. If application is made under sub. (2) or
616	616	(2m), the application may be received no later than 5 p.m. on the Friday immediately
617	617	preceding the election.
618	618	SECTION 18. 6.87 (6) of the statutes is amended to read:
619	619	6.87 (6) The ballot shall be returned so it is delivered to the polling place
620	620	election inspectors of the proper ward or election district no later than 8 p.m. on
621	621	election day. Except in municipalities where absentee ballots are canvassed under
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648	648	SECTION 18 ASSEMBLY BILL 567
649	649	s. 7.52, if the municipal clerk receives an absentee ballot on election day, the clerk
650	650	shall secure the ballot and cause the ballot to be delivered to the polling place serving
651	651	the elector's residence before 8 p.m. Any ballot not mailed or delivered as provided
652	652	in this subsection may not be counted.
653	653	SECTION 19. 6.88 (1) of the statutes is amended to read:
654	654	6.88 (1) When an absentee ballot arrives at the office of the municipal clerk,
655	655	or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it,
656	656	unopened, in a carrier envelope which shall be securely sealed and endorsed with the
657	657	name and official title of the clerk, and the words “This envelope contains the ballot
658	658	of an absent elector and must be opened in the same room where votes are being cast
659	659	at the polls during polling hours on election day or, in municipalities where absentee
660	660	ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of
661	661	absentee ballot canvassers under s. 7.52, stats only as provided by law." If the elector
662	662	is a military elector, as defined in s. 6.34 (1), or an overseas elector, regardless of
663	663	whether the elector qualifies as a resident of this state under s. 6.10, and the ballot
664	664	was received by the elector by facsimile transmission or electronic mail and is
665	665	accompanied by a separate certificate, the clerk shall enclose the ballot in a
666	666	certificate envelope and securely append the completed certificate to the outside of
667	667	the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep
668	668	the ballot in the clerk's office or at the alternate site, if applicable until delivered, as
669	669	required in sub. (2).
670	670	SECTION 20. 6.88 (2) of the statutes is amended to read:
671	671	6.88 (2) When an absentee ballot is received by the municipal clerk prior to the
672	672	delivery of the official ballots to the election officials of the ward in which the elector
673	673	resides or, where absentee ballots are canvassed under s. 7.52, to the municipal board
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701	701	SECTION 20
702	702	ASSEMBLY BILL 567
703	703	of absentee ballot canvassers, the municipal clerk shall seal the ballot envelope in
704	704	the carrier envelope as provided under sub. (1), and shall enclose the envelope in a
705	705	package and deliver the package to the election inspectors of the proper ward or
706	706	election district or, in municipalities where absentee ballots are canvassed under s.
707	707	7.52, to the municipal board of absentee ballot canvassers when it convenes at a
708	708	meeting convened under s. 7.52 (1). When the official ballots for the ward or election
709	709	district have been delivered to the election inspectors before the receipt of an
710	710	absentee ballot, the clerk shall immediately enclose the envelope containing the
711	711	absentee ballot in a carrier envelope as provided under sub. (1) and deliver it in
712	712	person to the proper election officials.
713	713	SECTION 21. 6.88 (4) of the statutes is created to read:
714	714	6.88 (4) (a) 1. The governing body of any municipality not specified in s. 7.52
715	715	(1) (a) may provide by ordinance that absentee ballots received by the municipal clerk
716	716	may be canvassed on the day before the election.
717	717	2. Prior to enacting an ordinance under subd. 1., the municipal clerk shall
718	718	notify the commission in writing of the proposed enactment and shall consult with
719	719	the commission concerning administration of this subsection.
720	720	(am) In any municipality having an ordinance under par. (a), subject to pars.
721	721	(b) to (f), the election inspectors may convene a meeting to begin canvassing absentee
722	722	ballots beginning at 7 a.m. on the day before the election.
723	723	(b) The municipal clerk shall give at least 60 days' notice of a meeting under
724	724	this subsection. Any member of the public has the same right of access to observe
725	725	the proceedings at a meeting under this subsection that the individual would have
726	726	under s. 7.41. The election inspectors may order the removal of any individual
727	727	exercising the right to observe the proceedings if the individual disrupts the meeting.
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754	754	SECTION 21 ASSEMBLY BILL 567
755	755	(c) 1. At 7 a.m., noon, and 8 p.m. on the day before the election, and at 7 a.m.,
756	756	noon, and 8 p.m. on election day, the municipal clerk or his or her designee or
757	757	municipal board of election commissioners shall provide to the county clerk of the
758	758	county in which the municipality is located or the county board of election
759	759	commissioners a statement that shows the total number of absentee ballots returned
760	760	to the municipality and the total number of absentee ballots the election inspectors
761	761	have canvassed under this subsection. The county clerk or county board of election
762	762	commissioners shall promptly post each statement on the website on which returns
763	763	for the county are posted on election night under s. 7.60. In a municipality having
764	764	a municipal board of election commissioners, the statement required under this
765	765	paragraph shall also be posted on the website maintained by the municipal board of
766	766	election commissioners. The statement may not include the names or addresses of
767	767	any electors.
768	768	2. An absentee ballot shall be considered canvassed for purposes of subd. 1. only
769	769	after all tasks have been completed in the canvassing process except for the tallying
770	770	of votes.
771	771	(d) When the meeting of the election inspectors recesses on the day before the
772	772	election, the election inspectors shall secure the automatic tabulating equipment,
773	773	and the areas where the programmed media, memory devices, and absentee ballots
774	774	are housed, with tamper-evident security seals in a double-lock location such as a
775	775	locked cabinet inside a locked office. Before resuming the canvassing of absentee
776	776	ballots on election day, the election inspectors shall check and record the status of
777	777	each tamper-evident seal. The election inspectors shall immediately notify the
778	778	commission of any evidence of tampering. If the election inspectors discover evidence
779	779	of tampering with respect to automatic tabulating equipment, the canvass may not
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807	807	SECTION 21
808	808	ASSEMBLY BILL 567
809	809	resume until the equipment is replaced and the replacement equipment is tested as
810	810	provided in s. 5.84, except that public notice need not be provided 48 hours prior to
811	811	the test. If the election inspectors discover evidence of tampering under this
812	812	paragraph, the commission shall verify the accuracy of the absentee ballot count in
813	813	the municipality in the election by doing all of the following:
814	814	1. Ordering the municipality to conduct a recount after the election of all
815	815	absentee ballots cast in the municipality in the election. The commission's order
816	816	shall establish procedures for the recount consistent with s. 9.01.
817	817	2. Auditing the election equipment in the same manner as audits are conducted
818	818	under s. 7.08 (6).
819	819	(e) Votes on absentee ballots canvassed under this subsection may not be tallied
820	820	until after the polls close on election day.
821	821	(f) No person may intentionally act in a manner that would give him or her the
822	822	ability to know or to provide information on the tallied results from the ballots
823	823	canvassed under this subsection before the polls close on election day. Whoever
824	824	intentionally violates this paragraph is guilty of a Class I felony.
825	825	(g) An ordinance under par. (a) may not take effect less than 60 days before an
826	826	election.
827	827	SECTION 22. 7.03 (1) (c) of the statutes is repealed.
828	828	SECTION 23. 7.15 (1) (cm) of the statutes is amended to read:
829	829	7.15 (1) (cm) Prepare official absentee ballots for delivery to electors requesting
830	830	them, and except as provided in this paragraph, send an official absentee ballot to
831	831	each elector who has requested a ballot by mail, and to each military elector, as
832	832	defined in s. 6.34 (1), and overseas elector who has requested a ballot by mail,
833	833	electronic mail, or facsimile transmission, no later than the 47th 45th day before
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860	860	SECTION 23 ASSEMBLY BILL 567
861	861	each partisan primary, presidential preference primary, special primary or election,
862	862	and general election and no later than the 21st day before each other primary and
863	863	election if the request is made before that day; otherwise, the municipal clerk shall
864	864	send or transmit an official absentee ballot within one business day of the time the
865	865	military or overseas elector's request for such a ballot is received. The clerk shall
866	866	send or transmit an absentee ballot for the presidential preference primary to each
867	867	elector who has requested that to all other electors requesting a ballot no later than
868	868	the 47th 21st day before the presidential preference primary or election if the request
869	869	is made before that day, or, if the request is not made before that day, within one
870	870	business day of the time the request is received. For purposes of this paragraph,
871	871	“business day" means any day from Monday to Friday, not including a legal holiday
872	872	under s. 995.20.
873	873	SECTION 24. 7.15 (16) of the statutes is created to read:
874	874	7.15 (16) ELECTION NIGHT REPORTING. (a) At 9 p.m. on election night, and every
875	875	hour thereafter until the canvass is complete, the municipal clerk or his or her
876	876	designee or municipal board of election commissioners shall provide to the county
877	877	clerk of the county in which the municipality is located or the county board of election
878	878	commissioners a statement that shows the total number of ballots, including
879	879	absentee ballots, cast at the municipality in the election, the total number of ballots,
880	880	including absentee ballots, that have been canvassed, and the total number of
881	881	ballots, including absentee ballots, that remain to be canvassed. The county clerk
882	882	or county board of election commissioners shall promptly post each statement on the
883	883	website on which the county posts returns on election night under s. 7.60. In a
884	884	municipality having a municipal board of election commissioners, the statement
885	885	required under this subsection shall also be posted on the website maintained by the
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913	913	SECTION 24
914	914	ASSEMBLY BILL 567
915	915	municipal board of election commissioners. The statement may not include the
916	916	names or addresses of any electors.
917	917	(b) An absentee ballot may be considered canvassed for purposes of par. (a) only
918	918	after all tasks have been completed in the canvassing process except for the tallying
919	919	of votes.
920	920	SECTION 25. 7.37 (12) of the statutes is amended to read:
921	921	7.37 (12) CANVASSERS. The election inspectors shall constitute the board of
922	922	canvassers of their polling place and in that capacity shall perform the duties under
923	923	s. 7.51, except as otherwise designated by the municipal clerk under ss. s. 5.85 and
924	924	5.86.
925	925	SECTION 26. 7.51 (1) of the statutes is amended to read:
926	926	7.51 (1) CANVASS PROCEDURE. Immediately after the polls close the inspectors
927	927	except any inspector appointed under s. 7.30 (1) (b) shall proceed to canvass publicly
928	928	all votes received at the polling place. In any municipality where an electronic voting
929	929	system is used, the municipal governing body or board of election commissioners may
930	930	provide or authorize the municipal clerk or executive director of the board of election
931	931	commissioners to provide for the adjournment of the canvass to one or more central
932	932	counting locations for specified polling places in the manner prescribed in subch. III
933	933	of ch. 5. No central counting location may be used to count votes at a polling place
934	934	where an electronic voting system is not employed. The canvass, whether conducted
935	935	at the polling place or at a central counting location, shall continue without
936	936	adjournment until the canvass of all ballots cast and received on or before election
937	937	day is completed and the return statement is made or, in municipalities where
938	938	absentee ballots are canvassed under s. 7.52, until the canvass of all absentee ballots
939	939	cast and received on or before election day is completed and the return statement for
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966	966	SECTION 26 ASSEMBLY BILL 567
967	967	those ballots is made. The inspectors shall not permit access to the name of any
968	968	elector who has obtained a confidential listing under s. 6.47 (2) during the canvass,
969	969	except as authorized in s. 6.47 (8).
970	970	SECTION 27. 7.52 (1) (a) of the statutes is renumbered 7.52 (1) (a) 1. and
971	971	amended to read:
972	972	7.52 (1) (a) 1. The governing body of any municipality may provide by ordinance
973	973	that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
974	974	municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,
975	975	at each election held in the municipality, canvass all absentee ballots received by the
976	976	municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this
977	977	subsection subdivision, the municipal clerk or board of election commissioners of the
978	978	municipality shall notify the elections commission in writing of the proposed
979	979	enactment and shall consult with the elections commission concerning
980	980	administration of this section. At Except as provided under par. (h), at every election
981	981	held in the municipality following enactment of an ordinance under this subsection
982	982	subdivision, the board of absentee ballot canvassers shall, any time after the opening
983	983	of the polls and before 10 p.m. on election day, publicly convene at 7 a.m. on the day
984	984	before the election to count the begin the canvass of absentee ballots for the
985	985	municipality and may not recess until 8 p.m. on that day, or at such time when there
986	986	are no further absentee ballots to be processed on that day, whichever is earlier, at
987	987	which time the meeting shall recess; the meeting shall reconvene at 7 a.m. on election
988	988	day and continue until all absentee ballots received by the municipal clerk by 8 p.m.
989	989	on election day have been canvassed.
990	990	2. The municipal clerk shall give at least 48 hours' 60 days' notice of any the
991	991	meeting under this subsection. Any member of the public has the same right of
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1019	1019	SECTION 27
1020	1020	ASSEMBLY BILL 567
1021	1021	access to a meeting of the municipal board of absentee ballot canvassers under this
1022	1022	subsection that the individual would have under s. 7.41 to observe the proceedings
1023	1023	at a polling place. The board of absentee ballot canvassers may order the removal
1024	1024	of any individual exercising the right to observe the proceedings if the individual
1025	1025	disrupts the meeting.
1026	1026	SECTION 28. 7.52 (1) (d) to (h) of the statutes are created to read:
1027	1027	7.52 (1) (d) 1. At 7 a.m., noon, and 8 p.m. on the day before the election, and
1028	1028	at 7 a.m., noon, and 8 p.m. on election day, the municipal clerk or his or her designee
1029	1029	or municipal board of election commissioners shall provide to the county clerk of the
1030	1030	county in which the municipality is located or the county board of election
1031	1031	commissioners a statement that shows the total number of absentee ballots returned
1032	1032	to the municipality and the total number of absentee ballots the municipal board of
1033	1033	absentee ballot canvassers has canvassed under this subsection. The county clerk
1034	1034	or county board of election commissioners shall promptly post each statement on the
1035	1035	website on which returns for the county are posted on election night under s. 7.60.
1036	1036	In a municipality having a municipal board of election commissioners, the statement
1037	1037	required under this paragraph shall also be posted on the website maintained by the
1038	1038	municipal board of election commissioners. The statement may not include the
1039	1039	names or addresses of any electors.
1040	1040	2. An absentee ballot shall be considered canvassed for purposes of subd. 1. only
1041	1041	after all tasks have been completed in the canvassing process except for the tallying
1042	1042	of votes.
1043	1043	(e) When the meeting of the board of absentee ballot canvassers recesses on the
1044	1044	day before the election, the board of absentee ballot canvassers shall secure the
1045	1045	automatic tabulating equipment, and the areas where the programmed media,
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1071	1071	MPG/SWB/JK:cdc
1072	1072	SECTION 28 ASSEMBLY BILL 567
1073	1073	memory devices, and absentee ballots are housed, with tamper-evident security
1074	1074	seals in a double-lock location such as a locked cabinet inside a locked office. Before
1075	1075	resuming the canvassing of ballots on election day, the board of absentee ballot
1076	1076	canvassers shall check and record the status of each tamper-evident seal. The board
1077	1077	of absentee ballot canvassers shall immediately notify the commission of any
1078	1078	evidence of tampering. If the board of absentee ballot canvassers discovers evidence
1079	1079	of tampering with respect to automatic tabulating equipment, the canvass may not
1080	1080	resume until the equipment is replaced and the replacement equipment is tested as
1081	1081	provided in s. 5.84, except that public notice need not be provided 48 hours prior to
1082	1082	the test. If the board of absentee ballot canvassers discovers evidence of tampering
1083	1083	under this paragraph, the commission shall verify the accuracy of the absentee ballot
1084	1084	count in the municipality in the election by doing all of the following:
1085	1085	1. Ordering the municipality to conduct a recount after the election of all
1086	1086	absentee ballots cast in the municipality in the election. The commission's order
1087	1087	shall establish procedures for the recount consistent with s. 9.01.
1088	1088	2. Auditing the election equipment in the same manner as audits are conducted
1089	1089	under s. 7.08 (6).
1090	1090	(f) Votes on absentee ballots canvassed under this section may not be tallied
1091	1091	until after the polls close on election day.
1092	1092	(g) No person may intentionally act in a manner that would give him or her the
1093	1093	ability to know or to provide information on the tallied results from the ballots
1094	1094	canvassed under this section before the polls close on election day. Whoever
1095	1095	intentionally violates this paragraph is guilty of a Class I felony.
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1121	1121	SECTION 28
1122	1122	ASSEMBLY BILL 567
1123	1123	(h) Canvassing absentee ballots on the day before the election under this
1124	1124	section is optional except for each spring and general election and each special
1125	1125	election or recall election if the special or recall election is for a state or national office.
1126	1126	SECTION 29. 7.52 (2) of the statutes is amended to read:
1127	1127	7.52 (2) In counting the absentee ballots, the board of absentee ballot
1128	1128	canvassers shall use 2 duplicate copies of a single poll list for the entire municipality
1129	1129	prepared in accordance with s. 6.36 (2). Upon accepting reviewing each absentee
1130	1130	ballot certificate envelope to ensure that it satisfies all applicable legal
1131	1131	requirements, the board of absentee ballot canvassers shall enter a poll list
1132	1132	sequential count number on the poll list next to the name of the elector who voted
1133	1133	the ballot, beginning with the number one. If the elector's name does not appear on
1134	1134	the poll list, the board of absentee ballot canvassers shall enter the number on a
1135	1135	separate list maintained under this subsection. The board of absentee ballot
1136	1136	canvassers shall record each elector's sequential count number on the face of the
1137	1137	elector's certificate envelope.
1138	1138	SECTION 30. 7.52 (3) (a) of the statutes is amended to read:
1139	1139	7.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier
1140	1140	envelope only, and, in such a manner that a member of the public, if he or she desired,
1141	1141	could hear, announce the name of the absent elector or the identification serial
1142	1142	number of the absent elector if the elector has a confidential listing under s. 6.47 (2).
1143	1143	When the board of absentee ballot canvassers finds that the certification has been
1144	1144	properly executed and the applicant is a qualified elector of the ward or election
1145	1145	district, the board of absentee ballot canvassers shall enter an indication, including
1146	1146	the elector's sequential count number as provided under sub. (2), on the poll list next
1147	1147	to the applicant's name indicating an absentee ballot is cast by the elector. The board
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1174	1174	SECTION 30 ASSEMBLY BILL 567
1175	1175	of absentee ballot canvassers shall then open the envelope containing the ballot in
1176	1176	a manner so as not to deface or destroy the certification thereon. The board of
1177	1177	absentee ballot canvassers shall take out the ballot without unfolding it or
1178	1178	permitting it to be unfolded or examined and shall remove the ballot from the
1179	1179	certificate envelope without viewing who the elector voted for. Unless the ballot is
1180	1180	cast under s. 6.95, the board of absentee ballot canvassers shall verify that the ballot
1181	1181	has been endorsed by the issuing clerk. If the poll list indicates that proof of
1182	1182	residence is required and no proof of residence is enclosed or the name or address on
1183	1183	the document that is provided is not the same as the name and address shown on the
1184	1184	poll list, the board of absentee ballot canvassers shall proceed as provided under s.
1185	1185	6.97 (2). The board of absentee ballot canvassers shall mark the poll list number of
1186	1186	each elector who casts an absentee ballot on the back of the elector's ballot. The board
1187	1187	of absentee ballot canvassers shall then deposit the ballot into the proper ballot box
1188	1188	and enter the absent elector's name or poll list number after his or her name on the
1189	1189	poll list or automatic tabulating equipment.
1190	1190	SECTION 31. 7.52 (4) (a) of the statutes is amended to read:
1191	1191	7.52 (4) (a) The board of absentee ballot canvassers shall then open the ballot
1192	1192	box and remove and count the number of ballots therein without examination except
1193	1193	as is necessary to ascertain that each is a single ballot. If 2 or more ballots are folded
1194	1194	together so as to appear as a single ballot, the board of absentee ballot canvassers
1195	1195	shall lay them aside until the count is completed; and if, after a comparison of the
1196	1196	count and the appearance of the ballots it appears to the board of absentee ballot
1197	1197	canvassers that the ballots folded together were voted by the same person they shall
1198	1198	not be counted but the board of absentee ballot canvassers shall mark them as to the
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1225	1225	SECTION 31
1226	1226	ASSEMBLY BILL 567
1227	1227	reason for removal, set them aside, and carefully preserve them. The board of
1228	1228	absentee ballot canvassers shall then proceed under par. (b).
1229	1229	SECTION 32. 7.52 (9) of the statutes is amended to read:
1230	1230	7.52 (9) The governing body of any municipality that has provided by ordinance
1231	1231	enacted under sub. (1) (a) 1. for the canvassing of absentee ballots at all elections held
1232	1232	in the municipality under this section may by similar action rescind that decision.
1233	1233	Thereafter, the absentee ballots at all elections held in the municipality shall be
1234	1234	canvassed as provided in s. 6.88.
1235	1235	SECTION 33. 7.52 (10) of the statutes is created to read:
1236	1236	7.52 (10) A member of the board of absentee ballot canvassers or other election
1237	1237	official who willfully neglects or refuses to perform any of the duties prescribed under
1238	1238	this section is guilty of a Class I felony.
1239	1239	SECTION 34. 7.52 (11) of the statutes is created to read:
1240	1240	7.52 (11) An ordinance under sub. (1) may not take effect less than 60 days
1241	1241	before an election.
1242	1242	SECTION 35. 54.25 (2) (c) 1. g. of the statutes is amended to read:
1243	1243	54.25 (2) (c) 1. g. The right to register to vote or to vote in an election, if the court
1244	1244	finds that the individual is incapable of understanding the objective of the elective
1245	1245	process. Also, in accordance with s. 6.03 (3), any elector of a municipality may
1246	1246	petition the circuit court for a determination that an individual residing in the
1247	1247	municipality is incapable of understanding the objective of the elective process and
1248	1248	thereby ineligible to register to vote or to vote in an election. This determination
1249	1249	shall be made by the court in accordance with the procedures specified in this
1250	1250	paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall
1251	1251	be limited to a determination as to voting eligibility. The appointment of a guardian
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1278	1278	SECTION 35 ASSEMBLY BILL 567
1279	1279	is not required for an individual whose sole limitation is ineligibility to vote. The No
1280	1280	later than one business day after the date of a determination, the court shall notify
1281	1281	the elections commission by electronic means of the determination of the court. In
1282	1282	addition, the determination of the court shall be communicated in writing by the
1283	1283	clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, 6.93,
1284	1284	or 7.52 (5) with the responsibility for determining challenges to registration and
1285	1285	voting that may be directed against that elector. The determination may be reviewed
1286	1286	as provided in s. 54.64 (2) and. The court shall notify election official or agency
1287	1287	charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for
1288	1288	determining challenges to registration and voting that may be directed against that
1289	1289	elector of any subsequent determination of the court shall be likewise communicated
1290	1290	by the clerk of court no later than one business day after the determination. All
1291	1291	notices provided under this subd. 1. g. shall include the full name; address, including
1292	1292	city, state, and zip code; and date of birth of the individual subject to the
1293	1293	determination. If the court appoints a guardian for an individual who is ineligible
1294	1294	to vote, the guardian shall report an address change for the individual to the court
1295	1295	within 10 business days of the change and the court shall notify the elections
1296	1296	commission by electronic means of that address change using the methods described
1297	1297	in this subd. 1. g. no later than one business day after receiving the information.
1298	1298	SECTION 36. 66.0512 of the statutes is created to read:
1299	1299	66.0512 Whistleblower protection for certain disclosures made by
1300	1300	municipal clerks. No municipal clerk may be discharged, disciplined, demoted, or
1301	1301	otherwise discriminated against in regard to employment, or threatened with any
1302	1302	such treatment, as a reprisal because the clerk lawfully reported, or is believed to
1303	1303	have reported, witnessing what the clerk reasonably believed to be election fraud or
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1331	1331	SECTION 36
1332	1332	ASSEMBLY BILL 567
1333	1333	irregularities. For purposes of this section, “lawfully reported” means a report of
1334	1334	information the disclosure of which is not expressly prohibited by state or federal law,
1335	1335	rule, or regulation.
1336	1336	SECTION 37.0Nonstatutory provisions.
1337	1337	(1) CITIZENSHIP VERIFICATION. The elections commission shall verify the
1338	1338	citizenship of all electors on the official registration list as soon as practicable after
1339	1339	the effective date of this subsection using the information provided by the
1340	1340	department of transportation under s. 5.056.
1341	1341	(END)
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