1 | | - | Date of enactment: |
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2 | | - | 2023 Assembly Bill 570 Date of publication*: |
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3 | | - | 2023 WISCONSIN ACT |
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4 | | - | AN ACT to renumber 6.875 (4) (b) and 6.875 (6) (e); to renumber and amend 6.87 (6d), 6.87 (9) and 7.51 (1); to |
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5 | | - | amend 6.87 (2) (intro.), 6.875 (4) (a), 6.875 (6) (a), 7.03 (1) (d), 7.30 (3) (a), 7.315 (1) (a), 7.53 (2) (cm) and 12.60 |
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6 | | - | (1) (a); and to create 5.51 (9), 6.87 (6d) (a) to (L), 6.87 (9) (b), 6.875 (4) (b) 2., 6.875 (6) (e) 2., 6.875 (8), 7.30 (7), |
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7 | | - | 7.51 (1) (b), 12.13 (2) (b) 9., 12.13 (2) (b) 10., 12.13 (2) (b) 11., 12.13 (3) (zp) and 12.13 (3m) of the statutes; relating |
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8 | | - | to: certain kinds of election fraud, defects on absentee ballot certificates, returning absentee ballots to the office of |
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9 | | - | the municipal clerk, appointment of election officials, allowing an employee of a residential care facility or qualified |
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10 | | - | retirement home to serve as a personal care voting assistant during a public health emergency or an incident of infec- |
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11 | | - | tious disease, and providing a penalty. |
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12 | | - | The people of the state of Wisconsin, represented in |
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13 | | - | senate and assembly, do enact as follows: |
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14 | | - | SECTION 1b. 5.51 (9) of the statutes is created to read: |
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15 | | - | 5.51 (9) Each absentee ballot certificate shall be |
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16 | | - | printed with blank spaces to accommodate inclusion of |
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17 | | - | the information required under s. 6.87 (6d) (a) to (L). |
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18 | | - | Each absentee ballot certificate shall also be printed with |
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19 | | - | blank spaces to accommodate the optional inclusion of |
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20 | | - | the state and zip code of the elector and the witness. |
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21 | | - | SECTION 1r. 6.87 (2) (intro.) of the statutes is |
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| 1 | + | LRB-4383/1 |
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| 2 | + | MPG&JK:emw |
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| 3 | + | 2023 - 2024 LEGISLATURE |
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| 4 | + | 2023 ASSEMBLY BILL 570 |
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| 5 | + | October 26, 2023 - Introduced by Representatives MAXEY, MACCO, ARMSTRONG, |
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| 6 | + | EDMING, MICHALSKI, MURPHY, RETTINGER, STEFFEN and VANDERMEER, |
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| 7 | + | cosponsored by Senator JACQUE. Referred to Committee on Campaigns and |
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| 8 | + | Elections. |
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| 9 | + | ***AUTHORS SUBJECT TO CHANGE*** |
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| 10 | + | AN ACT to renumber 6.875 (4) (b) and 6.875 (6) (e); to renumber and amend |
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| 11 | + | 6.87 (6d), 6.87 (9) and 7.51 (1); to amend 6.87 (2) (intro.), 6.875 (4) (a), 6.875 |
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| 12 | + | (6) (a), 7.03 (1) (d), 7.30 (3) (a), 7.315 (1) (a), 7.53 (2) (cm) and 12.60 (1) (a); and |
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| 13 | + | to create 6.87 (6d) (a) to (L), 6.87 (9) (b), 6.875 (4) (b) 2., 6.875 (6) (e) 2., 6.875 |
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| 14 | + | (8), 7.30 (7), 7.51 (1) (b), 12.13 (2) (b) 9., 12.13 (2) (b) 10., 12.13 (2) (b) 11., 12.13 |
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| 15 | + | (3) (zp) and 12.13 (3m) of the statutes; relating to: certain kinds of election |
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| 16 | + | fraud, defects on absentee ballot certificates, returning absentee ballots to the |
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| 17 | + | office of the municipal clerk, appointment of election officials, allowing an |
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| 18 | + | employee of a residential care facility or qualified retirement home to serve as |
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| 19 | + | a personal care voting assistant during a public health emergency or an |
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| 20 | + | incident of infectious disease, and providing a penalty. |
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| 21 | + | Analysis by the Legislative Reference Bureau |
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| 22 | + | RETIREMENT HOMES AND RESIDENTIAL CARE FACILITIES |
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| 23 | + | Personal care voting assistants |
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| 24 | + | Under current law, absentee voting in person inside residential care facilities |
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| 25 | + | and qualified retirement homes may be conducted only if the municipal clerk or |
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| 36 | + | 11 - 2 -2023 - 2024 Legislature LRB-4383/1 |
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| 37 | + | MPG&JK:emw |
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| 38 | + | ASSEMBLY BILL 570 |
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| 39 | + | board of election commissioners adopts procedures allowing voters residing in such |
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| 40 | + | a facility or home to apply for, receive, and complete an absentee ballot by means of |
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| 41 | + | special voting deputies dispatched to the facility or home for that purpose. A |
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| 42 | + | municipality that appoints special voting deputies must appoint at least two special |
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| 43 | + | voting deputies for the municipality, and the deputies must be eligible voters of the |
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| 44 | + | county where the municipality is located. In addition, the two deputies designated |
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| 45 | + | to visit each qualified retirement home and residential care facility must be affiliated |
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| 46 | + | with different political parties whenever deputies representing different parties are |
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| 47 | + | available. Current law prohibits individuals employed at a residential care facility |
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| 48 | + | or qualified retirement home in the municipality, or any member of the individual's |
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| 49 | + | immediate family, from serving as a special voting deputy. |
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| 50 | + | Under this bill, during a public health emergency or an incident of infectious |
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| 51 | + | disease that results in restricting entry to a residential care facility or qualified |
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| 52 | + | retirement home, the municipal clerk or board of election commissioners may |
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| 53 | + | appoint any individual who is employed at a residential care facility or qualified |
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| 54 | + | retirement home in the municipality to serve as a personal care voting assistant. A |
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| 55 | + | personal care voting assistant need not be an eligible voter of the county but must |
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| 56 | + | be an eligible voter of this state. A personal care voting assistant must complete a |
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| 57 | + | two-hour online training prescribed by the Elections Commission and take the same |
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| 58 | + | oath of office as a special voting deputy appointed under current law. In addition, |
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| 59 | + | the two personal care voting assistants appointed to each facility or home must be |
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| 60 | + | affiliated with different political parties whenever assistants representing different |
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| 61 | + | parties are available. The bill also prohibits a personal care voting assistant from |
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| 62 | + | assisting in or facilitating the registration of any resident of a residential care facility |
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| 63 | + | or qualified retirement home. |
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| 64 | + | Under the bill, an employee of the facility or home acting as a personal care |
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| 65 | + | voting assistant must complete documentation, on a form prescribed by the Elections |
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| 66 | + | Commission, that provides the assistant's name, the name of the voter, and the type |
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| 67 | + | of assistance provided to the voter. The form must be separate from the absentee |
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| 68 | + | ballot certificate, but the information contained on the form must also be included |
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| 69 | + | on the absentee ballot return envelope. The administrator of the home or facility |
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| 70 | + | must deliver the forms to the municipal clerk or board of election commissioners and |
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| 71 | + | may arrange for an election official, other than a personal care voting assistant, to |
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| 72 | + | collect and return the absentee ballots to the clerk or board. Otherwise, all absentee |
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| 73 | + | ballots completed with the assistance of a personal care voting assistant must be |
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| 74 | + | mailed to the clerk or board. |
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| 75 | + | Entry to a facility |
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| 76 | + | The bill prohibits residential care facilities and qualified retirement homes |
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| 77 | + | from denying entry to special voting deputies appointed under current law, except |
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| 78 | + | when the facility or home is closed to the public during a public health emergency or |
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| 79 | + | an incident of infectious disease. Under the bill, if a home or facility is closed to the |
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| 80 | + | public during such an emergency or incident, the home or facility must allow |
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| 81 | + | personal care voting assistants to supervise the absentee voting procedure used by |
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| 82 | + | occupants of the home or facility. - 3 -2023 - 2024 Legislature |
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| 83 | + | LRB-4383/1 |
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| 84 | + | MPG&JK:emw |
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| 85 | + | ASSEMBLY BILL 570 |
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| 86 | + | In addition, under the bill, no administrator of a qualified retirement home or |
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| 87 | + | residential care facility may deny a special voting deputy from entering the home or |
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| 88 | + | facility unless the governor declares a public health emergency. |
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| 89 | + | Visits to facilities |
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| 90 | + | Under current law, the special voting deputies must, not later than 5 p.m. on |
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| 91 | + | the sixth working day preceding an election, arrange with the administrator of the |
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| 92 | + | qualified retirement home or residential care facility one or more convenient times |
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| 93 | + | to visit the home or facility. Current law also requires that the visits be no earlier |
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| 94 | + | than the fourth Monday preceding the election and no later than 5 p.m. on the |
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| 95 | + | Monday preceding the election. |
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| 96 | + | Under the bill, the special voting deputies must make arrangements to visit the |
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| 97 | + | qualified retirement homes or residential care facilities no later than 5 p.m. on the |
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| 98 | + | 11th working day preceding the election, and the visits may be no earlier than the |
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| 99 | + | fourth Monday preceding the election and no later than 5 p.m. on the sixth working |
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| 100 | + | day preceding the election. |
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| 101 | + | Under current law, if an eligible voter at a residential care facility or qualified |
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| 102 | + | retirement home is not able to cast his or her ballot on two separate visits by special |
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| 103 | + | voting deputies to the home or facility, the deputies must notify the municipal clerk |
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| 104 | + | or board of election commissioners. The clerk or board may then send the voter an |
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| 105 | + | absentee ballot no later than the Friday before the election. Under the bill, if an |
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| 106 | + | eligible voter of a facility or home is not able to cast his or her ballot on two separate |
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| 107 | + | visits by the special voting deputies because access to the home or facility is restricted |
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| 108 | + | due to a public health emergency or incident of infectious disease, the deputies must |
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| 109 | + | notify the municipal clerk or board of election commissioners. The clerk or board may |
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| 110 | + | then send the voter an absentee ballot as provided under current law. |
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| 111 | + | Penalty |
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| 112 | + | Finally, the bill provides that an employee of a qualified retirement home or |
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| 113 | + | residential care facility who coerces an occupant of the home or facility to apply for |
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| 114 | + | or not apply for an absentee ballot or to cast or refrain from casting a ballot or who |
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| 115 | + | coerces an occupant to cast a ballot for or against a particular candidate or ballot |
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| 116 | + | question is guilty of a Class I felony. In addition, an employee of a qualified |
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| 117 | + | retirement home or residential care facility who coerces an occupant of the home or |
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| 118 | + | facility to register or not register to vote is guilty of a Class I felony. |
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| 119 | + | ELECTION FRAUD |
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| 120 | + | Current law prohibits election officials from committing certain kinds of |
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| 121 | + | election fraud, including permitting a person to register to vote or vote when the |
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| 122 | + | election official knows the person is not qualified to do so. The bill provides further |
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| 123 | + | that no election official may do any of the following: |
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| 124 | + | 1. Intentionally assist or cause the casting or counting of a vote or the receipt |
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| 125 | + | of a registration that the election official knows is invalid. |
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| 126 | + | 2. Intentionally assist or cause a vote or registration to be rejected when the |
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| 127 | + | election official knows the vote or registration is valid. |
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| 128 | + | 3. Intentionally fail to promptly report election fraud committed by another |
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| 129 | + | election official. - 4 -2023 - 2024 Legislature LRB-4383/1 |
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| 130 | + | MPG&JK:emw |
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| 131 | + | ASSEMBLY BILL 570 |
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| 132 | + | Under the bill, election officials violating the prohibitions described above are |
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| 133 | + | guilty of a Class I felony. |
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| 134 | + | ABSENTEE BALLOT CERTIFICATES |
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| 135 | + | Under current law, absentee ballot envelopes include a printed certificate that |
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| 136 | + | must be completed, signed by the voter and a qualified witness, and returned to the |
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| 137 | + | municipal clerk with the completed ballot so that it is delivered to the polling place |
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| 138 | + | no later than 8 p.m. on election day. By completing and signing the certificate, the |
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| 139 | + | voter certifies that he or she is entitled to vote in the election and that the voter |
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| 140 | + | completed his or her absentee ballot in the presence of the witness. The witness |
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| 141 | + | certificate includes the witness's printed name and address in addition to his or her |
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| 142 | + | signature. If a municipal clerk receives an absentee ballot with an improperly |
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| 143 | + | completed certificate or with no certificate, the clerk may, but is not required to, |
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| 144 | + | return the ballot to the voter whenever time permits so that the voter may correct |
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| 145 | + | the defect. If a certificate is missing the address of the witness, the ballot may not |
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| 146 | + | be counted. |
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| 147 | + | Under the bill, if a municipal clerk receives an absentee ballot with an |
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| 148 | + | improperly completed certificate or with no certificate, in addition to being |
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| 149 | + | authorized to return the ballot to the elector, the clerk is required to post a |
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| 150 | + | notification of the defect on the voter's voter information page on the website that is |
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| 151 | + | used by voters for original registration, currently titled MyVote Wisconsin. |
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| 152 | + | Additionally, under the bill, the clerk may attempt to notify the voter of the defect |
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| 153 | + | by other means. |
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| 154 | + | Additionally, under the bill, an absentee ballot with no certificate or with a |
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| 155 | + | certificate that does not include all of the following may not be counted: |
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| 156 | + | 1. The voter 's printed first name. |
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| 157 | + | 2. The voter's printed last name. |
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| 158 | + | 3. The voter's house or apartment number. |
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| 159 | + | 4. The voter's street name. |
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| 160 | + | 5. The voter's municipality. |
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| 161 | + | 6. The voter's signature. |
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| 162 | + | 7. The witness's printed first name. |
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| 163 | + | 8. The witness's printed last name. |
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| 164 | + | 9. The witness's house or apartment number. |
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| 165 | + | 10. The witness's street name. |
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| 166 | + | 11. The witness's municipality. |
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| 167 | + | 12. The witness's signature. |
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| 168 | + | Finally, the bill prohibits any person other than the voter, or the witness with |
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| 169 | + | respect to the witness certificate, from correcting a defect in the voter's absentee |
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| 170 | + | ballot certificate. Whoever violates that prohibition is subject to a fine not to exceed |
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| 171 | + | $500 or imprisonment not to exceed 30 days, or both. |
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| 172 | + | APPOINTMENT OF POLL WORKERS |
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| 173 | + | The bill prohibits the appointment of any poll worker who is an employee of any |
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| 174 | + | of the following: - 5 -2023 - 2024 Legislature |
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| 175 | + | LRB-4383/1 |
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| 176 | + | MPG&JK:emw |
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| 177 | + | ASSEMBLY BILL 570 |
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| 178 | + | 1. A candidate committee, legislative campaign committee, political action |
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| 179 | + | committee, independent expenditure committee, political party, recall committee, or |
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| 180 | + | referendum committee, as those terms are defined by law. |
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| 181 | + | 2. A political organization required to register with the Federal Election |
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| 182 | + | Commission. |
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| 183 | + | 3. An issue advocacy group. |
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| 184 | + | MUNICIPAL BOARD OF CANVASSERS |
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| 185 | + | Current law requires that the municipal board of canvassers of each |
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| 186 | + | municipality convene immediately following the close of the polls on election day to |
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| 187 | + | publicly canvass the ballots cast. The board may not adjourn until the canvass is |
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| 188 | + | completed, except that the board may adjourn and reconvene at a central count |
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| 189 | + | location to complete the canvass. Current law also requires the municipal clerk to |
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| 190 | + | appoint an individual to serve as a member of the board of canvassers if there are one |
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| 191 | + | or more temporary vacancies on the board and the number of available members to |
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| 192 | + | canvass the ballots is less than three. |
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| 193 | + | The bill allows a municipal board of canvassers to recess as the result of a |
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| 194 | + | natural disaster, if a board member is ill or otherwise incapacitated, or if the physical |
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| 195 | + | condition of the canvass location is unsuitable for continuing the canvass. However, |
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| 196 | + | the bill requires that the board reconvene as soon as possible. In addition, if the |
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| 197 | + | board recesses because a member is ill or otherwise incapacitated, the bill requires |
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| 198 | + | the municipal clerk to immediately appoint an individual to fill the vacancy on the |
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| 199 | + | board to temporarily replace that member. |
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| 200 | + | Because this bill creates a new crime or revises a penalty for an existing crime, |
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| 201 | + | the Joint Review Committee on Criminal Penalties may be requested to prepare a |
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| 202 | + | report. |
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| 203 | + | For further information see the state and local fiscal estimate, which will be |
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| 204 | + | printed as an appendix to this bill. |
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| 205 | + | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 206 | + | enact as follows: |
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| 207 | + | SECTION 1. 6.87 (2) (intro.) of the statutes is amended to read: |
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| 208 | + | 6.87 (2) (intro.) Except as authorized under sub. (3) (d), the municipal clerk |
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| 209 | + | shall place the ballot in an unsealed envelope furnished by the clerk. The envelope |
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| 210 | + | shall have the name, official title and post-office address of the clerk upon its face. |
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| 211 | + | The other side of the envelope shall have a printed certificate which shall include a |
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| 212 | + | space for the municipal clerk or deputy clerk to enter his or her initials indicating |
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| 213 | + | that if the absentee elector voted in person under s. 6.86 (1) (ar), the elector presented |
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| 220 | + | 7 - 6 -2023 - 2024 Legislature LRB-4383/1 |
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| 221 | + | MPG&JK:emw |
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| 222 | + | SECTION 1 ASSEMBLY BILL 570 |
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| 223 | + | proof of identification to the clerk and the clerk verified the proof presented. The |
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| 224 | + | certificate shall also include a space for the municipal clerk or deputy clerk to enter |
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| 225 | + | his or her initials indicating that the elector is exempt from providing proof of |
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| 226 | + | identification because the individual is a military elector or an overseas elector who |
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| 227 | + | does not qualify as a resident of this state under s. 6.10 or is exempted from providing |
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| 228 | + | proof of identification under sub. (4) (b) 2. or 3. The certificate shall include a distinct |
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| 229 | + | field for each item required to be entered under sub. (6d) and shall be in substantially |
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| 230 | + | the following form: |
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| 231 | + | SECTION 2. 6.87 (6d) of the statutes is renumbered 6.87 (6d) (intro.) and |
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23 | | - | 6.87 (2) (intro.) Except as authorized under sub. (3) |
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24 | | - | (d), the municipal clerk shall place the ballot in an |
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25 | | - | unsealed envelope furnished by the clerk. The envelope |
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26 | | - | shall have the name, official title and post−office address |
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27 | | - | of the clerk upon its face. The other side of the envelope |
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28 | | - | shall have a printed certificate which shall include a space |
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29 | | - | for the municipal clerk or deputy clerk to enter his or her |
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30 | | - | initials indicating that if the absentee elector voted in per- |
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31 | | - | son under s. 6.86 (1) (ar), the elector presented proof of |
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32 | | - | identification to the clerk and the clerk verified the proof |
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33 | | - | presented. The certificate shall also include a space for |
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34 | | - | the municipal clerk or deputy clerk to enter his or her ini- |
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35 | | - | tials indicating that the elector is exempt from providing |
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36 | | - | proof of identification because the individual is a military |
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37 | | - | elector or an overseas elector who does not qualify as a |
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38 | | - | resident of this state under s. 6.10 or is exempted from |
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39 | | - | providing proof of identification under sub. (4) (b) 2. or |
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40 | | - | 3. The certificate shall include a distinct field for each |
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41 | | - | item required to be entered under sub. (6d) and shall be |
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42 | | - | in substantially the following form: |
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43 | | - | SECTION 2. 6.87 (6d) of the statutes is renumbered |
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44 | | - | 6.87 (6d) (intro.) and amended to read: |
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45 | | - | 6.87 (6d) (intro.) If a certificate is missing the address |
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46 | | - | of a witness, the ballot An absentee ballot with no certifi- |
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47 | | - | cate or with a certificate that does not include all of the |
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48 | | - | following may not be counted.: |
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49 | | - | SECTION 3. 6.87 (6d) (a) to (L) of the statutes are cre- |
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50 | | - | ated to read: |
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51 | | - | 6.87 (6d) (a) The elector’s printed first name. |
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52 | | - | (b) The elector’s printed last name. |
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53 | | - | (c) The elector’s house or apartment number. |
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54 | | - | * Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s |
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55 | | - | partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 570 |
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56 | | - | (d) The elector’s street name. |
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57 | | - | (e) The elector’s municipality. |
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58 | | - | (f) The elector’s signature. |
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59 | | - | (g) The witness’s printed first name. |
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60 | | - | (h) The witness’s printed last name. |
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61 | | - | (i) The witness’s house or apartment number. |
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62 | | - | (j) The witness’s street name. |
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63 | | - | (k) The witness’s municipality. |
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64 | | - | (L) The witness’s signature. |
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65 | | - | SECTION 4. 6.87 (9) of the statutes is renumbered |
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66 | | - | 6.87 (9) (a) and amended to read: |
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67 | | - | 6.87 (9) (a) If a municipal clerk receives an absentee |
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68 | | - | ballot with an improperly completed certificate or with |
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69 | | - | no certificate, the clerk may return the ballot to the elec- |
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70 | | - | tor, inside the sealed envelope when an envelope is |
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71 | | - | received, together with a new envelope if necessary, |
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72 | | - | whenever time permits the elector to correct the defect |
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73 | | - | and return the ballot within the period authorized under |
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74 | | - | sub. (6), and the clerk shall post a notification of the |
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75 | | - | defect on the elector’s voter information page on the web- |
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76 | | - | site that is used by electors for original registration under |
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77 | | - | s. 6.30 (5). The clerk may also attempt to notify the elec- |
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78 | | - | tor of the defect by other means. |
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79 | | - | SECTION 5. 6.87 (9) (b) of the statutes is created to |
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| 233 | + | 6.87 (6d) (intro.) If a certificate is missing the address of a witness, the ballot |
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| 234 | + | An absentee ballot with no certificate or with a certificate that does not include all |
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| 235 | + | of the following may not be counted.: |
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| 236 | + | SECTION 3. 6.87 (6d) (a) to (L) of the statutes are created to read: |
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| 237 | + | 6.87 (6d) (a) The elector's printed first name. |
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| 238 | + | (b) The elector's printed last name. |
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| 239 | + | (c) The elector's house or apartment number. |
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| 240 | + | (d) The elector's street name. |
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| 241 | + | (e) The elector's municipality. |
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| 242 | + | (f) The elector's signature. |
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| 243 | + | (g) The witness's printed first name. |
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| 244 | + | (h) The witness's printed last name. |
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| 245 | + | (i) The witness's house or apartment number. |
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| 246 | + | (j) The witness's street name. |
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| 247 | + | (k) The witness's municipality. |
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| 272 | + | 25 - 7 -2023 - 2024 Legislature |
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| 273 | + | LRB-4383/1 |
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| 274 | + | MPG&JK:emw |
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| 275 | + | SECTION 3 |
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| 276 | + | ASSEMBLY BILL 570 |
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| 277 | + | (L) The witness's signature. |
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| 278 | + | SECTION 4. 6.87 (9) of the statutes is renumbered 6.87 (9) (a) and amended to |
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81 | | - | 6.87 (9) (b) No person other than the elector, or the |
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82 | | - | witness with respect to the witness certificate, may cor- |
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83 | | - | rect a defect in the elector’s absentee ballot certificate. |
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84 | | - | Whoever violates this paragraph is guilty of a misde- |
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85 | | - | meanor punishable by a fine not to exceed $500 or |
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86 | | - | imprisonment not to exceed 30 days, or both. |
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87 | | - | SECTION 6. 6.875 (4) (a) of the statutes is amended |
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88 | | - | to read: |
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89 | | - | 6.875 (4) (a) For the purpose of absentee voting in |
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90 | | - | qualified retirement homes and residential care facilities, |
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91 | | - | the municipal clerk or board of election commissioners |
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92 | | - | of each municipality in which one or more qualified |
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93 | | - | retirement homes or residential care facilities are located |
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94 | | - | shall appoint at least 2 special voting deputies for the |
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95 | | - | municipality. Except as provided in par. (am), upon |
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96 | | - | application under s. 6.86 (1), (2), or (2m) by one or more |
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97 | | - | qualified electors who are occupants of a home or facility, |
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98 | | - | the municipal clerk or board of election commissioners |
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99 | | - | of the municipality in which the home or facility is |
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100 | | - | located shall dispatch 2 special voting deputies to visit the |
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101 | | - | home or facility for the purpose of supervising absentee |
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102 | | - | voting procedure by occupants of the home or facility. |
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103 | | - | The clerk or board of election commissioners shall main- |
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104 | | - | tain a list, available to the public upon request, of each |
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105 | | - | home or facility where special voting deputies are dis- |
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106 | | - | patched. The list shall include the date and time the |
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107 | | - | deputies intend to visit each home or facility. The 2 |
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108 | | - | deputies designated to visit each qualified retirement |
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109 | | - | home and residential care facility shall be affiliated with |
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110 | | - | different political parties whenever deputies representing |
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111 | | - | different parties are available. No qualified retirement |
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112 | | - | home or residential care facility may deny entry to a spe- |
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113 | | - | cial voting deputy appointed under this paragraph except |
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114 | | - | if the qualified retirement home or residential care facil- |
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115 | | - | ity is closed to the public during a public health emer- |
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116 | | - | gency and except if the qualified retirement home or resi- |
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117 | | - | dential care facility is closed to the public during an |
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118 | | - | incident of infectious disease, if the administrator of the |
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119 | | - | qualified retirement home or residential care facility has |
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120 | | - | signed a verifiable statement documenting the incident |
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121 | | - | and filed the statement with the municipal clerk or board |
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122 | | - | of election commissioners. During a public health emer- |
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123 | | - | gency or an incident of infectious disease, if a qualified |
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124 | | - | retirement home or residential care facility is closed to |
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125 | | - | the public, the qualified retirement home or residential |
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126 | | - | care facility shall allow a personal care voting assistant |
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127 | | - | appointed under sub. (8) to supervise the absentee voting |
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128 | | - | procedure used by occupants of the qualified retirement |
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129 | | - | home or residential care facility. |
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130 | | - | SECTION 7. 6.875 (4) (b) of the statutes is renumbered |
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131 | | - | 6.875 (4) (b) 1. |
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132 | | - | SECTION 8. 6.875 (4) (b) 2. of the statutes is created |
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133 | | - | to read: |
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134 | | - | 6.875 (4) (b) 2. No individual who is employed or |
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135 | | - | retained at a qualified retirement home or residential care |
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136 | | - | facility in the municipality and who is not a personal care |
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137 | | - | voting assistant appointed under sub. (8) (a) 1. may assist |
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138 | | - | an occupant of the qualified retirement home or residen- |
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139 | | - | tial care facility in completing the occupant’s absentee |
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140 | | - | ballot, but such an individual may assist only in distribut- |
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141 | | - | ing the absentee ballots in their unopened envelopes to |
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142 | | - | the occupants who requested the ballots. |
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143 | | - | SECTION 9. 6.875 (6) (a) of the statutes is amended |
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144 | | - | to read: |
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145 | | - | 6.875 (6) (a) Special voting deputies in each munici- |
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146 | | - | pality shall, not later than 5 p.m. on the 6th 11th working |
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147 | | - | day preceding an election, arrange one or more conve- |
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148 | | - | nient times with the administrator of each qualified |
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149 | | - | retirement home and residential care facility in the |
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150 | | - | municipality that the deputies are scheduled to visit. The |
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151 | | - | time may be no earlier than the 4th Monday preceding the |
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152 | | - | election and no later than 5 p.m. on the Monday 6th work- |
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153 | | - | ing day preceding the election. The municipal clerk shall |
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154 | | - | give notice of each visit by special voting deputies to a |
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155 | | - | qualified retirement home or residential care facility in |
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156 | | - | the same manner that notices of public meetings are pro- |
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157 | | - | vided by presiding officers under s. 19.84 (1) (b) at least |
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158 | | - | 5 working days in advance of each visit, indicating the |
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159 | | - | date and time of the visit. The municipal clerk also shall |
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160 | | - | post a notice at the home or facility and on the Internet |
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161 | | - | indicating the date and time that absentee voting will take |
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162 | | - | place at that home or facility. The notice shall be posted |
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163 | | - | as soon as practicable after arranging the visit but in no |
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164 | | - | case less than 5 working days before the visit. A munici- |
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165 | | - | pal clerk whose municipality does not maintain an Inter- |
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166 | | - | net site need not comply with the Internet posting − 3 − 2023 Wisconsin Act 2023 Assembly Bill 570 |
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167 | | - | requirement. At the designated time, 2 deputies |
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168 | | - | appointed under sub. (4) shall visit the home or facility. |
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169 | | - | SECTION 10. 6.875 (6) (e) of the statutes is renum- |
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170 | | - | bered 6.875 (6) (e) 1. |
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171 | | - | SECTION 11. 6.875 (6) (e) 2. of the statutes is created |
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172 | | - | to read: |
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173 | | - | 6.875 (6) (e) 2. If a qualified elector is not able to cast |
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174 | | - | his or her ballot on 2 separate visits by the deputies to the |
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175 | | - | qualified retirement home or residential care facility |
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176 | | - | because access to the qualified retirement home or resi- |
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177 | | - | dential care facility is restricted due to a public health |
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178 | | - | emergency or an incident of infectious disease, the |
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179 | | - | deputies shall so inform the municipal clerk or executive |
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180 | | - | director of the board of election commissioners, who |
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181 | | - | may then send the ballot to the elector no later than 5 p.m. |
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182 | | - | on the Friday preceding the election. |
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183 | | - | SECTION 12. 6.875 (8) of the statutes is created to |
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| 280 | + | 6.87 (9) (a) If a municipal clerk receives an absentee ballot with an improperly |
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| 281 | + | completed certificate or with no certificate, the clerk may return the ballot to the |
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| 282 | + | elector, inside the sealed envelope when an envelope is received, together with a new |
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| 283 | + | envelope if necessary, whenever time permits the elector to correct the defect and |
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| 284 | + | return the ballot within the period authorized under sub. (6), and the clerk shall post |
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| 285 | + | a notification of the defect on the elector's voter information page on the website that |
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| 286 | + | is used by electors for original registration under s. 6.30 (5). The clerk may also |
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| 287 | + | attempt to notify the elector of the defect by other means. |
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| 288 | + | SECTION 5. 6.87 (9) (b) of the statutes is created to read: |
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| 289 | + | 6.87 (9) (b) No person other than the elector, or the witness with respect to the |
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| 290 | + | witness certificate, may correct a defect in the elector's absentee ballot certificate. |
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| 291 | + | Whoever violates this paragraph is guilty of a misdemeanor punishable by a fine not |
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| 292 | + | to exceed $500 or imprisonment not to exceed 30 days, or both. |
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| 293 | + | SECTION 6. 6.875 (4) (a) of the statutes is amended to read: |
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| 294 | + | 6.875 (4) (a) For the purpose of absentee voting in qualified retirement homes |
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| 295 | + | and residential care facilities, the municipal clerk or board of election commissioners |
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| 296 | + | of each municipality in which one or more qualified retirement homes or residential |
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| 297 | + | care facilities are located shall appoint at least 2 special voting deputies for the |
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| 298 | + | municipality. Except as provided in par. (am), upon application under s. 6.86 (1), (2), |
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| 299 | + | or (2m) by one or more qualified electors who are occupants of a home or facility, the |
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| 300 | + | municipal clerk or board of election commissioners of the municipality in which the |
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| 301 | + | home or facility is located shall dispatch 2 special voting deputies to visit the home |
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| 326 | + | 25 - 8 -2023 - 2024 Legislature LRB-4383/1 |
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| 327 | + | MPG&JK:emw |
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| 328 | + | SECTION 6 ASSEMBLY BILL 570 |
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| 329 | + | or facility for the purpose of supervising absentee voting procedure by occupants of |
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| 330 | + | the home or facility. The clerk or board of election commissioners shall maintain a |
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| 331 | + | list, available to the public upon request, of each home or facility where special voting |
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| 332 | + | deputies are dispatched. The list shall include the date and time the deputies intend |
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| 333 | + | to visit each home or facility. The 2 deputies designated to visit each qualified |
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| 334 | + | retirement home and residential care facility shall be affiliated with different |
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| 335 | + | political parties whenever deputies representing different parties are available. No |
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| 336 | + | qualified retirement home or residential care facility may deny entry to a special |
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| 337 | + | voting deputy appointed under this paragraph except if the qualified retirement |
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| 338 | + | home or residential care facility is closed to the public during a public health |
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| 339 | + | emergency and except if the qualified retirement home or residential care facility is |
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| 340 | + | closed to the public during an incident of infectious disease, if the administrator of |
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| 341 | + | the qualified retirement home or residential care facility has signed a verifiable |
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| 342 | + | statement documenting the incident and filed the statement with the municipal |
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| 343 | + | clerk or board of election commissioners. During a public health emergency or an |
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| 344 | + | incident of infectious disease, if a qualified retirement home or residential care |
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| 345 | + | facility is closed to the public, the qualified retirement home or residential care |
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| 346 | + | facility shall allow a personal care voting assistant appointed under sub. (8) to |
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| 347 | + | supervise the absentee voting procedure used by occupants of the qualified |
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| 348 | + | retirement home or residential care facility. |
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| 349 | + | SECTION 7. 6.875 (4) (b) of the statutes is renumbered 6.875 (4) (b) 1. |
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| 350 | + | SECTION 8. 6.875 (4) (b) 2. of the statutes is created to read: |
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| 351 | + | 6.875 (4) (b) 2. No individual who is employed or retained at a qualified |
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| 352 | + | retirement home or residential care facility in the municipality and who is not a |
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| 353 | + | personal care voting assistant appointed under sub. (8) (a) 1. may assist an occupant |
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| 378 | + | 25 - 9 -2023 - 2024 Legislature |
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| 379 | + | LRB-4383/1 |
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| 380 | + | MPG&JK:emw |
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| 381 | + | SECTION 8 |
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| 382 | + | ASSEMBLY BILL 570 |
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| 383 | + | of the qualified retirement home or residential care facility in completing the |
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| 384 | + | occupant's absentee ballot, but such an individual may assist only in distributing the |
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| 385 | + | absentee ballots in their unopened envelopes to the occupants who requested the |
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| 386 | + | ballots. |
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| 387 | + | SECTION 9. 6.875 (6) (a) of the statutes is amended to read: |
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| 388 | + | 6.875 (6) (a) Special voting deputies in each municipality shall, not later than |
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| 389 | + | 5 p.m. on the 6th 11th working day preceding an election, arrange one or more |
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| 390 | + | convenient times with the administrator of each qualified retirement home and |
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| 391 | + | residential care facility in the municipality that the deputies are scheduled to visit. |
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| 392 | + | The time may be no earlier than the 4th Monday preceding the election and no later |
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| 393 | + | than 5 p.m. on the Monday 6th working day preceding the election. The municipal |
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| 394 | + | clerk shall give notice of each visit by special voting deputies to a qualified retirement |
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| 395 | + | home or residential care facility in the same manner that notices of public meetings |
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| 396 | + | are provided by presiding officers under s. 19.84 (1) (b) at least 5 working days in |
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| 397 | + | advance of each visit, indicating the date and time of the visit. The municipal clerk |
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| 398 | + | also shall post a notice at the home or facility and on the Internet indicating the date |
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| 399 | + | and time that absentee voting will take place at that home or facility. The notice shall |
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| 400 | + | be posted as soon as practicable after arranging the visit but in no case less than 5 |
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| 401 | + | working days before the visit. A municipal clerk whose municipality does not |
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| 402 | + | maintain an Internet site need not comply with the Internet posting requirement. |
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| 403 | + | At the designated time, 2 deputies appointed under sub. (4) shall visit the home or |
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| 404 | + | facility. |
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| 405 | + | SECTION 10. 6.875 (6) (e) of the statutes is renumbered 6.875 (6) (e) 1. |
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| 406 | + | SECTION 11. 6.875 (6) (e) 2. of the statutes is created to read: |
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| 430 | + | 24 - 10 -2023 - 2024 Legislature LRB-4383/1 |
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| 431 | + | MPG&JK:emw |
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| 432 | + | SECTION 11 ASSEMBLY BILL 570 |
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| 433 | + | 6.875 (6) (e) 2. If a qualified elector is not able to cast his or her ballot on 2 |
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| 434 | + | separate visits by the deputies to the qualified retirement home or residential care |
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| 435 | + | facility because access to the qualified retirement home or residential care facility |
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| 436 | + | is restricted due to a public health emergency or an incident of infectious disease, the |
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| 437 | + | deputies shall so inform the municipal clerk or executive director of the board of |
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| 438 | + | election commissioners, who may then send the ballot to the elector no later than 5 |
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| 439 | + | p.m. on the Friday preceding the election. |
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| 440 | + | SECTION 12. 6.875 (8) of the statutes is created to read: |
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| 441 | + | 6.875 (8) (a) 1. For an election held during a public health emergency or an |
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| 442 | + | incident of infectious disease that results in restricting access to a qualified |
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| 443 | + | retirement home or residential care facility, the municipal clerk or board of election |
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| 444 | + | commissioners of each municipality in which one or more qualified retirement homes |
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| 445 | + | or residential care facilities are located may appoint any individual who is employed |
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| 446 | + | or retained at a qualified retirement home or residential care facility in the |
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| 447 | + | municipality to serve as a personal care voting assistant. |
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| 448 | + | 2. Personal care voting assistants appointed under subd. 1. shall comply with |
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| 449 | + | the duties for special voting deputies and complete a 2-hour online training, as |
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| 450 | + | prescribed by the commission under s. 7.315 (1) (a). A personal care voting assistant |
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| 451 | + | appointed under subd. 1. need not be a qualified elector of the county where the |
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| 452 | + | municipality is located but shall be a qualified elector in this state. No personal care |
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| 453 | + | voting assistant appointed under subd. 1. may assist with or facilitate the |
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| 454 | + | registration of any resident of a qualified retirement home or residential care facility. |
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| 455 | + | 3. Prior to entering upon his or her duties, each individual appointed to serve |
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| 456 | + | as a personal care voting assistant under subd. 1. shall file the oath required by s. |
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| 457 | + | 7.30 (5). In the oath, the individual shall swear that he or she is qualified to act as |
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| 482 | + | 25 - 11 -2023 - 2024 Legislature |
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| 483 | + | LRB-4383/1 |
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| 484 | + | MPG&JK:emw |
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| 485 | + | SECTION 12 |
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| 486 | + | ASSEMBLY BILL 570 |
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| 487 | + | a personal care voting assistant under this subsection, that he or she has read the |
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| 488 | + | statutes governing absentee voting, that he or she understands the proper absentee |
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| 489 | + | voting procedure, that he or she understands the penalties under s. 12.13 for |
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| 490 | + | noncompliance with the procedure, and that his or her sacred obligation will be to |
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| 491 | + | fully and fairly implement the absentee voting law and seek to have the intent of the |
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| 492 | + | electors ascertained. In addition, the oath shall state that the individual realizes |
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| 493 | + | that any error in conducting the voting procedure may result in invalidation of an |
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| 494 | + | elector's vote under s. 7.51 (2) (e) and that the individual realizes that absentee |
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| 495 | + | voting is a privilege and not a constitutional right. The form of the oath shall be |
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| 496 | + | prescribed by the commission. |
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| 497 | + | 4. The municipal clerk or board of election commissioners shall appoint at least |
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| 498 | + | 2 individuals employed or retained by the qualified retirement home or residential |
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| 499 | + | care facility to serve as personal care voting assistants under subd. 1. The 2 personal |
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| 500 | + | care voting assistants for each qualified retirement home or residential care facility |
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| 501 | + | shall be affiliated with different political parties whenever personal care voting |
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| 502 | + | assistants representing different parties are available. |
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| 503 | + | (b) A personal care voting assistant appointed under par. (a) 1. shall complete |
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| 504 | + | documentation, on a form prescribed by the commission, that provides the assistant's |
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| 505 | + | name, the name of each elector in the qualified retirement home or residential care |
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| 506 | + | facility for whom the personal care voting assistant provides assistance, and the type |
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| 507 | + | of assistance provided to the elector. The personal care voting assistant shall also |
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| 508 | + | include the information contained on the form on the return envelope. |
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| 509 | + | (c) The form prescribed under par. (b) shall be a document separate from the |
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| 510 | + | absentee ballot certificate and shall be delivered by the administrator of the qualified |
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| 511 | + | retirement home or residential care facility to the municipal clerk or board of election |
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| 536 | + | 25 - 12 -2023 - 2024 Legislature LRB-4383/1 |
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| 537 | + | MPG&JK:emw |
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| 538 | + | SECTION 12 ASSEMBLY BILL 570 |
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| 539 | + | commissioners. Absentee ballots completed with the assistance of personal care |
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| 540 | + | voting assistants shall be mailed to the municipal clerk or board of election |
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| 541 | + | commissioners, except that the municipal clerk or board of election commissioners |
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| 542 | + | may make arrangements with the administrator of the qualified retirement home or |
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| 543 | + | residential care facility to have an election official, other than a personal care voting |
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| 544 | + | assistant, collect the ballots at the qualified retirement home or residential care |
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| 545 | + | facility and return them to the clerk or board. |
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| 546 | + | SECTION 13. 7.03 (1) (d) of the statutes is amended to read: |
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| 547 | + | 7.03 (1) (d) Except as otherwise provided in par. (a), special voting deputies |
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| 548 | + | appointed under s. 6.875 (4), personal care voting assistants appointed under s. 6.875 |
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| 549 | + | (8), and other officials and trainees who attend training sessions under s. 6.875 (8) |
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| 550 | + | (a) 2., 7.15 (1) (e), or 7.25 (5) may also be compensated by the municipality where they |
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| 551 | + | serve at the option of the municipality. |
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| 552 | + | SECTION 14. 7.30 (3) (a) of the statutes is amended to read: |
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| 553 | + | 7.30 (3) (a) Not less than 30 days before any election the governing body or |
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| 554 | + | board of election commissioners of any municipality, by resolution, may authorize |
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| 555 | + | the municipal clerk or executive director of the board of election commissioners to |
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| 556 | + | select and employ tabulators for any election. Such authorization applies to the |
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| 557 | + | elections specified in the resolution, and if not specified, applies until the |
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| 558 | + | authorization is modified or revoked. Each tabulator shall sign the official oath and |
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| 559 | + | return it to the municipal clerk before the election. |
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| 560 | + | SECTION 15. 7.30 (7) of the statutes is created to read: |
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| 561 | + | 7.30 (7) PROHIBITED EMPLOYMENT. (a) In this subsection: |
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| 562 | + | 1. “Committee" has the meaning given in s. 11.0101 (6). |
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| 586 | + | 24 - 13 -2023 - 2024 Legislature |
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| 587 | + | LRB-4383/1 |
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| 588 | + | MPG&JK:emw |
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| 589 | + | SECTION 15 |
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| 590 | + | ASSEMBLY BILL 570 |
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| 591 | + | 2. “Issue advocacy” means communication that provides information about |
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| 592 | + | political or social issues and is made to influence the outcome of an election. |
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| 593 | + | 3. “Issue advocacy group” means any organization whose sole or primary |
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| 594 | + | purpose is to engage in issue advocacy. |
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| 595 | + | (b) No person who is an employee of any of the following may be appointed as |
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| 596 | + | an election official: |
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| 597 | + | 1. A committee. |
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| 598 | + | 2. A political organization required to register with the federal election |
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| 599 | + | commission. |
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| 600 | + | 3. An issue advocacy group. |
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| 601 | + | SECTION 16. 7.315 (1) (a) of the statutes is amended to read: |
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| 602 | + | 7.315 (1) (a) The commission shall, by rule, prescribe the contents of the |
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| 603 | + | training that municipal clerks must provide to inspectors, other than chief |
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| 604 | + | inspectors, and to special voting deputies appointed under s. 6.875 (4), and to |
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| 605 | + | personal care voting assistants appointed under s. 6.875 (8). |
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| 606 | + | SECTION 17. 7.51 (1) of the statutes is renumbered 7.51 (1) (a) and amended to |
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185 | | - | 6.875 (8) (a) 1. For an election held during a public |
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186 | | - | health emergency or an incident of infectious disease that |
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187 | | - | results in restricting access to a qualified retirement home |
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188 | | - | or residential care facility, the municipal clerk or board |
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189 | | - | of election commissioners of each municipality in which |
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190 | | - | one or more qualified retirement homes or residential |
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191 | | - | care facilities are located may appoint any individual |
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192 | | - | who is employed or retained at a qualified retirement |
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193 | | - | home or residential care facility in the municipality to |
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194 | | - | serve as a personal care voting assistant. |
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195 | | - | 2. Personal care voting assistants appointed under |
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196 | | - | subd. 1. shall comply with the duties for special voting |
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197 | | - | deputies and complete a 2−hour online training, as pre- |
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198 | | - | scribed by the commission under s. 7.315 (1) (a). A per- |
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199 | | - | sonal care voting assistant appointed under subd. 1. need |
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200 | | - | not be a qualified elector of the county where the munici- |
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201 | | - | pality is located but shall be a qualified elector in this |
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202 | | - | state. No personal care voting assistant appointed under |
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203 | | - | subd. 1. may assist with or facilitate the registration of |
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204 | | - | any resident of a qualified retirement home or residential |
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205 | | - | care facility. |
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206 | | - | 3. Prior to entering upon his or her duties, each indi- |
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207 | | - | vidual appointed to serve as a personal care voting assist- |
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208 | | - | ant under subd. 1. shall file the oath required by s. 7.30 |
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209 | | - | (5). In the oath, the individual shall swear that he or she |
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210 | | - | is qualified to act as a personal care voting assistant under |
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211 | | - | this subsection, that he or she has read the statutes gov- |
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212 | | - | erning absentee voting, that he or she understands the |
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213 | | - | proper absentee voting procedure, that he or she under- |
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214 | | - | stands the penalties under s. 12.13 for noncompliance |
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215 | | - | with the procedure, and that his or her sacred obligation |
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216 | | - | will be to fully and fairly implement the absentee voting |
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217 | | - | law and seek to have the intent of the electors ascertained. |
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218 | | - | In addition, the oath shall state that the individual realizes |
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219 | | - | that any error in conducting the voting procedure may |
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220 | | - | result in invalidation of an elector’s vote under s. 7.51 (2) |
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221 | | - | (e) and that the individual realizes that absentee voting is |
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222 | | - | a privilege and not a constitutional right. The form of the |
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223 | | - | oath shall be prescribed by the commission. |
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224 | | - | 4. The municipal clerk or board of election commis- |
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225 | | - | sioners shall appoint at least 2 individuals employed or |
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226 | | - | retained by the qualified retirement home or residential |
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227 | | - | care facility to serve as personal care voting assistants |
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228 | | - | under subd. 1. The 2 personal care voting assistants for |
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229 | | - | each qualified retirement home or residential care facility |
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230 | | - | shall be affiliated with different political parties when- |
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231 | | - | ever personal care voting assistants representing differ- |
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232 | | - | ent parties are available. |
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233 | | - | (b) A personal care voting assistant appointed under |
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234 | | - | par. (a) 1. shall complete documentation, on a form pre- |
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235 | | - | scribed by the commission, that provides the assistant’s |
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236 | | - | name, the name of each elector in the qualified retirement |
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237 | | - | home or residential care facility for whom the personal |
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238 | | - | care voting assistant provides assistance, and the type of |
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239 | | - | assistance provided to the elector. The personal care vot- |
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240 | | - | ing assistant shall also include the information contained |
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241 | | - | on the form on the return envelope. |
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242 | | - | (c) The form prescribed under par. (b) shall be a docu- |
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243 | | - | ment separate from the absentee ballot certificate and |
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244 | | - | shall be delivered by the administrator of the qualified |
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245 | | - | retirement home or residential care facility to the munici- |
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246 | | - | pal clerk or board of election commissioners. Absentee |
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247 | | - | ballots completed with the assistance of personal care |
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248 | | - | voting assistants shall be mailed to the municipal clerk or |
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249 | | - | board of election commissioners, except that the munici- |
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250 | | - | pal clerk or board of election commissioners may make |
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251 | | - | arrangements with the administrator of the qualified |
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252 | | - | retirement home or residential care facility to have an |
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253 | | - | election official, other than a personal care voting assist- |
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254 | | - | ant, collect the ballots at the qualified retirement home or |
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255 | | - | residential care facility and return them to the clerk or |
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256 | | - | board. |
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257 | | - | SECTION 13. 7.03 (1) (d) of the statutes is amended |
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258 | | - | to read: |
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259 | | - | 7.03 (1) (d) Except as otherwise provided in par. (a), |
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260 | | - | special voting deputies appointed under s. 6.875 (4), per- |
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261 | | - | sonal care voting assistants appointed under s. 6.875 (8), |
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262 | | - | and other officials and trainees who attend training ses- |
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263 | | - | sions under s. 6.875 (8) (a) 2., 7.15 (1) (e), or 7.25 (5) may |
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264 | | - | also be compensated by the municipality where they |
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265 | | - | serve at the option of the municipality. |
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266 | | - | SECTION 14. 7.30 (3) (a) of the statutes is amended |
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267 | | - | to read: |
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268 | | - | 7.30 (3) (a) Not less than 30 days before any election |
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269 | | - | the governing body or board of election commissioners |
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270 | | - | of any municipality, by resolution, may authorize the |
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271 | | - | municipal clerk or executive director of the board of elec- |
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272 | | - | tion commissioners to select and employ tabulators for |
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273 | | - | any election. Such authorization applies to the elections |
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274 | | - | specified in the resolution, and if not specified, applies |
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275 | | - | until the authorization is modified or revoked. Each tabu- − 4 −2023 Wisconsin Act 2023 Assembly Bill 570 |
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276 | | - | lator shall sign the official oath and return it to the munic- |
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277 | | - | ipal clerk before the election. |
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278 | | - | SECTION 15. 7.30 (7) of the statutes is created to read: |
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279 | | - | 7.30 (7) PROHIBITED EMPLOYMENT. (a) In this subsec- |
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280 | | - | tion: |
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281 | | - | 1. “Committee” has the meaning given in s. 11.0101 |
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282 | | - | (6). |
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283 | | - | 2. “Issue advocacy” means communication that pro- |
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284 | | - | vides information about political or social issues and is |
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285 | | - | made to influence the outcome of an election. |
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286 | | - | 3. “Issue advocacy group” means any organization |
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287 | | - | whose sole or primary purpose is to engage in issue advo- |
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288 | | - | cacy. |
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289 | | - | (b) No person who is an employee of any of the fol- |
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290 | | - | lowing may be appointed as an election official: |
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291 | | - | 1. A committee. |
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292 | | - | 2. A political organization required to register with |
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293 | | - | the federal election commission. |
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294 | | - | 3. An issue advocacy group. |
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295 | | - | SECTION 16. 7.315 (1) (a) of the statutes is amended |
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296 | | - | to read: |
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297 | | - | 7.315 (1) (a) The commission shall, by rule, prescribe |
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298 | | - | the contents of the training that municipal clerks must |
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299 | | - | provide to inspectors, other than chief inspectors, and to |
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300 | | - | special voting deputies appointed under s. 6.875 (4), and |
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301 | | - | to personal care voting assistants appointed under s. |
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302 | | - | 6.875 (8). |
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303 | | - | SECTION 17. 7.51 (1) of the statutes is renumbered |
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304 | | - | 7.51 (1) (a) and amended to read: |
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305 | | - | 7.51 (1) (a) Immediately after the polls close the |
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306 | | - | inspectors except any inspector appointed under s. 7.30 |
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307 | | - | (1) (b) shall proceed to canvass publicly all votes |
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308 | | - | received at the polling place. In any municipality where |
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309 | | - | an electronic voting system is used, the municipal gov- |
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310 | | - | erning body or board of election commissioners may pro- |
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311 | | - | vide or authorize the municipal clerk or executive direc- |
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312 | | - | tor of the board of election commissioners to provide for |
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313 | | - | the adjournment of the canvass to one or more central |
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314 | | - | counting locations for specified polling places in the |
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315 | | - | manner prescribed in subch. III of ch. 5. No central |
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316 | | - | counting location may be used to count votes at a polling |
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317 | | - | place where an electronic voting system is not employed. |
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318 | | - | The Except as provided in par. (b), the canvass, whether |
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319 | | - | conducted at the polling place or at a central counting |
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320 | | - | location, shall continue without adjournment until the |
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321 | | - | canvass of all ballots cast and received on or before elec- |
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322 | | - | tion day is completed and the return statement is made or, |
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323 | | - | in municipalities where absentee ballots are canvassed |
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324 | | - | under s. 7.52, until the canvass of all absentee ballots cast |
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325 | | - | and received on or before election day is completed and |
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326 | | - | the return statement for those ballots is made. The |
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327 | | - | inspectors shall not permit access to the name of any elec- |
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328 | | - | tor who has obtained a confidential listing under s. 6.47 |
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| 608 | + | 7.51 (1) (a) Immediately after the polls close the inspectors except any inspector |
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| 609 | + | appointed under s. 7.30 (1) (b) shall proceed to canvass publicly all votes received at |
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| 610 | + | the polling place. In any municipality where an electronic voting system is used, the |
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| 611 | + | municipal governing body or board of election commissioners may provide or |
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| 612 | + | authorize the municipal clerk or executive director of the board of election |
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| 613 | + | commissioners to provide for the adjournment of the canvass to one or more central |
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| 614 | + | counting locations for specified polling places in the manner prescribed in subch. III |
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| 615 | + | of ch. 5. No central counting location may be used to count votes at a polling place |
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| 640 | + | 25 - 14 -2023 - 2024 Legislature LRB-4383/1 |
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| 641 | + | MPG&JK:emw |
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| 642 | + | SECTION 17 ASSEMBLY BILL 570 |
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| 643 | + | where an electronic voting system is not employed. The Except as provided in par. |
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| 644 | + | (b), the canvass, whether conducted at the polling place or at a central counting |
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| 645 | + | location, shall continue without adjournment until the canvass of all ballots cast and |
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| 646 | + | received on or before election day is completed and the return statement is made or, |
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| 647 | + | in municipalities where absentee ballots are canvassed under s. 7.52, until the |
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| 648 | + | canvass of all absentee ballots cast and received on or before election day is completed |
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| 649 | + | and the return statement for those ballots is made. The inspectors shall not permit |
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| 650 | + | access to the name of any elector who has obtained a confidential listing under s. 6.47 |
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330 | | - | SECTION 18. 7.51 (1) (b) of the statutes is created to |
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331 | | - | read: |
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332 | | - | 7.51 (1) (b) The municipal board of canvassers may |
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333 | | - | recess the canvass under par. (a) as the result of a natural |
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334 | | - | disaster, if an inspector is ill or otherwise incapacitated, |
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335 | | - | or if the physical condition of the canvass location is |
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336 | | - | unsuitable for continuing the canvass. The board shall |
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337 | | - | reconvene as soon as possible to complete the canvass of |
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338 | | - | all ballots cast and received on or before election day and |
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339 | | - | make the return statement. |
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340 | | - | SECTION 19. 7.53 (2) (cm) of the statutes is amended |
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341 | | - | to read: |
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342 | | - | 7.53 (2) (cm) If one or more temporary vacancies on |
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343 | | - | the municipal board of canvassers reduces the number of |
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344 | | - | members to less than 3, the municipal clerk shall appoint |
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345 | | - | a member to fill each vacancy, except in cities of more |
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346 | | - | than 500,000 population. In cities of more than 500,000 |
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347 | | - | population, the executive director of the board of election |
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348 | | - | commissioners shall serve as a member of the board of |
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349 | | - | canvassers to fill a temporary vacancy on that board. If |
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350 | | - | the municipal board of canvassers recesses as provided |
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351 | | - | under s. 7.51 (1) (b) because an inspector is ill or other- |
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352 | | - | wise incapacitated, the municipal clerk or the executive |
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353 | | - | director of the board of election commissioners shall |
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354 | | - | immediately appoint an individual to temporarily serve |
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355 | | - | as a member of the municipal board of canvassers. |
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356 | | - | SECTION 20. 12.13 (2) (b) 9. of the statutes is created |
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357 | | - | to read: |
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358 | | - | 12.13 (2) (b) 9. Intentionally assist or cause the cast- |
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359 | | - | ing or counting of a vote or the receipt of a registration |
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360 | | - | that is invalid for any reason in addition to those specified |
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361 | | - | in subd. 3. |
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362 | | - | SECTION 21. 12.13 (2) (b) 10. of the statutes is created |
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363 | | - | to read: |
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364 | | - | 12.13 (2) (b) 10. Intentionally assist or cause the |
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365 | | - | rejection of or failure to otherwise count a valid vote or |
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366 | | - | the rejection of a valid registration. |
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367 | | - | SECTION 22. 12.13 (2) (b) 11. of the statutes is created |
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368 | | - | to read: |
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369 | | - | 12.13 (2) (b) 11. Intentionally fail to promptly report |
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370 | | - | a violation under this subsection to the commission and |
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371 | | - | to the district attorney for the county in which the viola- |
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372 | | - | tion occurred. |
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373 | | - | SECTION 23. 12.13 (3) (zp) of the statutes is created |
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374 | | - | to read: |
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375 | | - | 12.13 (3) (zp) Assist in counting or tabulating votes |
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376 | | - | at an election unless the person is a resident of this state, |
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377 | | - | is an election official who is trained to the extent provided |
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378 | | - | by law, and has signed the official oath and returned it to |
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379 | | - | the municipal clerk with respect to that election. |
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380 | | - | SECTION 24. 12.13 (3m) of the statutes is created to |
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381 | | - | read: |
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382 | | - | 12.13 (3m) ABSENTEE VOTING IN CERTAIN RESIDEN- |
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383 | | - | TIAL CARE FACILITIES AND RETIREMENT HOMES. (a) No |
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384 | | - | employee of a qualified retirement home, as defined in s. |
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385 | | - | 6.875 (1) (at), or residential care facility, as defined in s. |
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386 | | - | 6.875 (1) (bm), may coerce an occupant of the qualified |
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387 | | - | retirement home or residential care facility to apply for − 5 − 2023 Wisconsin Act 2023 Assembly Bill 570 |
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388 | | - | or not apply for an absentee ballot or to cast or refrain |
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389 | | - | from casting a ballot or coerce an occupant to cast a ballot |
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390 | | - | for or against a particular candidate or ballot question. |
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391 | | - | (b) No employee of a qualified retirement home, as |
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392 | | - | defined in s. 6.875 (1) (at), or residential care facility, as |
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393 | | - | defined in s. 6.875 (1) (bm), may coerce an occupant of |
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394 | | - | the qualified retirement home or residential care facility |
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395 | | - | to register or not to register to vote. |
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396 | | - | SECTION 25. 12.60 (1) (a) of the statutes is amended |
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397 | | - | to read: |
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398 | | - | 12.60 (1) (a) Whoever violates s. 12.09, 12.11, or |
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399 | | - | 12.13 (1), (2) (b) 1. to 7. or, 9., 10., or 11., (3) (a), (e), (f), |
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400 | | - | (j), (k), (L), (m), (y) or, (z), or (zp), or (3m) is guilty of a |
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401 | | - | Class I felony. |
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| 652 | + | SECTION 18. 7.51 (1) (b) of the statutes is created to read: |
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| 653 | + | 7.51 (1) (b) The municipal board of canvassers may recess the canvass under |
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| 654 | + | par. (a) as the result of a natural disaster, if an inspector is ill or otherwise |
---|
| 655 | + | incapacitated, or if the physical condition of the canvass location is unsuitable for |
---|
| 656 | + | continuing the canvass. The board shall reconvene as soon as possible to complete |
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| 657 | + | the canvass of all ballots cast and received on or before election day and make the |
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| 658 | + | return statement. |
---|
| 659 | + | SECTION 19. 7.53 (2) (cm) of the statutes is amended to read: |
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| 660 | + | 7.53 (2) (cm) If one or more temporary vacancies on the municipal board of |
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| 661 | + | canvassers reduces the number of members to less than 3, the municipal clerk shall |
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| 662 | + | appoint a member to fill each vacancy, except in cities of more than 500,000 |
---|
| 663 | + | population. In cities of more than 500,000 population, the executive director of the |
---|
| 664 | + | board of election commissioners shall serve as a member of the board of canvassers |
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| 665 | + | to fill a temporary vacancy on that board. If the municipal board of canvassers |
---|
| 666 | + | recesses as provided under s. 7.51 (1) (b) because an inspector is ill or otherwise |
---|
| 667 | + | incapacitated, the municipal clerk or the executive director of the board of election |
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| 692 | + | 25 - 15 -2023 - 2024 Legislature |
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| 693 | + | LRB-4383/1 |
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| 694 | + | MPG&JK:emw |
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| 695 | + | SECTION 19 |
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| 696 | + | ASSEMBLY BILL 570 |
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| 697 | + | commissioners shall immediately appoint an individual to temporarily serve as a |
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| 698 | + | member of the municipal board of canvassers. |
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| 699 | + | SECTION 20. 12.13 (2) (b) 9. of the statutes is created to read: |
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| 700 | + | 12.13 (2) (b) 9. Intentionally assist or cause the casting or counting of a vote |
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| 701 | + | or the receipt of a registration that is invalid for any reason in addition to those |
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| 702 | + | specified in subd. 3. |
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| 703 | + | SECTION 21. 12.13 (2) (b) 10. of the statutes is created to read: |
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| 704 | + | 12.13 (2) (b) 10. Intentionally assist or cause the rejection of or failure to |
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| 705 | + | otherwise count a valid vote or the rejection of a valid registration. |
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| 706 | + | SECTION 22. 12.13 (2) (b) 11. of the statutes is created to read: |
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| 707 | + | 12.13 (2) (b) 11. Intentionally fail to promptly report a violation under this |
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| 708 | + | subsection to the commission and to the district attorney for the county in which the |
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| 709 | + | violation occurred. |
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| 710 | + | SECTION 23. 12.13 (3) (zp) of the statutes is created to read: |
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| 711 | + | 12.13 (3) (zp) Assist in counting or tabulating votes at an election unless the |
---|
| 712 | + | person is a resident of this state, is an election official who is trained to the extent |
---|
| 713 | + | provided by law, and has signed the official oath and returned it to the municipal |
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| 714 | + | clerk with respect to that election. |
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| 715 | + | SECTION 24. 12.13 (3m) of the statutes is created to read: |
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| 716 | + | 12.13 (3m) ABSENTEE VOTING IN CERTAIN RESIDENTIAL CARE FACILITIES AND |
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| 717 | + | RETIREMENT HOMES. (a) No employee of a qualified retirement home, as defined in |
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| 718 | + | s. 6.875 (1) (at), or residential care facility, as defined in s. 6.875 (1) (bm), may coerce |
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| 719 | + | an occupant of the qualified retirement home or residential care facility to apply for |
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| 720 | + | or not apply for an absentee ballot or to cast or refrain from casting a ballot or coerce |
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| 721 | + | an occupant to cast a ballot for or against a particular candidate or ballot question. |
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| 746 | + | 25 - 16 -2023 - 2024 Legislature LRB-4383/1 |
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| 747 | + | MPG&JK:emw |
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| 748 | + | SECTION 24 ASSEMBLY BILL 570 |
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| 749 | + | (b) No employee of a qualified retirement home, as defined in s. 6.875 (1) (at), |
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| 750 | + | or residential care facility, as defined in s. 6.875 (1) (bm), may coerce an occupant of |
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| 751 | + | the qualified retirement home or residential care facility to register or not to register |
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| 752 | + | to vote. |
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| 753 | + | SECTION 25. 12.60 (1) (a) of the statutes is amended to read: |
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| 754 | + | 12.60 (1) (a) Whoever violates s. 12.09, 12.11, or 12.13 (1), (2) (b) 1. to 7. or, 9., |
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| 755 | + | 10., or 11., (3) (a), (e), (f), (j), (k), (L), (m), (y) or, (z), or (zp), or (3m) is guilty of a Class |
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| 756 | + | I felony. |
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| 757 | + | (END) |
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