AB746,11,1411 5.68 (1) The cost of acquisition of ballot boxes and voting booths, voting
12machines
or electronic voting systems and regular maintenance thereof shall be
13borne by the municipalities in which the boxes, booths, machines or systems are
14used.
AB746, s. 30 15Section 30. 5.68 (3) of the statutes is amended to read:
AB746,11,2316 5.68 (3) If voting machines are used or if an electronic voting system is used
17in which all candidates and referenda appear on the same ballot, the ballots for all
18national, state and county offices and for county and state referenda shall be
19prepared and paid for by the county wherein they are used. If the voting machine
20or
electronic voting system ballot includes a municipal or school, technical college,
21sewerage or sanitary district ballot, the cost of that portion of the ballot shall be
22reimbursed to the county or paid for by the municipality or district, except as
23provided in a 1st class city school district under sub. (2).
AB746, s. 31 24Section 31. 5.72 (1) of the statutes is amended to read:
AB746,12,12
15.72 (1) As soon as possible after ballots are delivered to the county clerk or to
2the municipal clerk if the municipality is preparing ballots under s. 7.15 (2), but not
3later than 3 weeks before any election relating to a state or national office or
4statewide referendum, the county or municipal clerk preparing the ballots shall
5submit one copy of each ballot to the board for review of possible errors. If the
6contractor preparing the ballots supplies proofs in advance of ballot preparation, the
7clerk shall submit one copy of the proofs in lieu of actual ballots. If a voting machine
8ballot or other
ballot combining local candidates or referenda with state or national
9candidates or referenda is used, the entire ballot shall be submitted, but if ballots
10intended for distribution to electors are used,
otherwise only those ballots relating
11to state or national offices and statewide referenda need be submitted. This
12subsection does not require delay of ballot distribution or mailing of absentee ballots.
AB746, s. 32 13Section 32. 5.76 of the statutes is amended to read:
AB746,12,21 145.76 Adoption, experimentation or discontinuance of systems. The
15governing body or board of election commissioners of any municipality may by
16ordinance or resolution adopt, experiment with, or discontinue any electronic voting
17system authorized by this subchapter and approved under s. 5.91 for use in this state,
18and may purchase or lease materials or equipment for such system to be used in all
19or some of the wards within its jurisdiction, either exclusively or in combination with
20mechanical voting machines, or in combination with paper ballots where such ballots
21are authorized to be used.
AB746, s. 33 22Section 33. 5.77 (1) of the statutes is renumbered 5.77 and amended to read:
AB746,12,25 235.77 Applicable procedures. So far as applicable, the procedure provided
24for voting paper ballots applies when an electronic voting system employing the use
25of ballots distributed to electors
is used.
AB746, s. 34
1Section 34. 5.77 (2) of the statutes is repealed.
AB746, s. 35 2Section 35. 5.78 of the statutes is amended to read:
AB746,13,6 35.78 Voting booths. At polling places where an electronic voting system
4employing the use of ballots distributed to electors is used, the municipality shall
5supply a sufficient number of voting booths for the use of electors as provided in s.
65.35 (2).
AB746, s. 36 7Section 36. 5.81 (1) of the statutes is amended to read:
AB746,13,148 5.81 (1) Whenever the statutes provide for the use of separate ballots or
9columns or rows for offices, parties or referenda, and an electronic voting system in
10which ballots are distributed to electors
is used at a polling place, a single ballot may
11be used for all offices, referenda and parties. The ballot information, whether placed
12on the ballot or on the voting device, shall, as far as practicable, be grouped and
13ordered in the same manner as provided for other ballots under this chapter, except
14that the information on the ballot need not be in separate columns or rows.
AB746, s. 37 15Section 37. 5.81 (3) of the statutes is amended to read:
AB746,13,1916 5.81 (3) If a municipality utilizes an electronic voting system in which ballots
17distributed to electors are employed
, absentee ballots may consist of ballots utilized
18with the system or paper ballots and envelopes voted in person in the office of the
19municipal clerk or voted by mail.
AB746, s. 38 20Section 38. 5.85 (2) (a) of the statutes is amended to read:
AB746,14,1121 5.85 (2) (a) The election officials shall examine the ballots or record of votes cast
22for write-in votes and shall count and tabulate the write-in votes. When an
23electronic voting system is used in which ballots are distributed to electors, before
24separating the remaining ballots from their respective covering envelopes, the
25election officials shall examine the ballots for write-in votes. When an elector has

1cast a write-in vote, the election officials shall compare the write-in vote with the
2votes on the ballot to determine whether the write-in vote results in an overvote for
3any office. In case of an overvote for any office, the election officials shall make a true
4duplicate ballot of all votes on the ballot except for the office that is overvoted, by
5using an official ballot of that kind used by the elector who voted the original ballot,
6and one of the marking devices so as to transfer all votes of the elector except for the
7office overvoted, to an official ballot of that kind used in the ward at that election.
8Unless election officials are selected under s. 7.30 (4) (c) without regard to party
9affiliation, the election officials shall consist in each case of at least one election
10official of each of the 2 major political parties, whenever officials of both parties are
11present.
AB746, s. 39 12Section 39. 5.85 (5) of the statutes is amended to read:
AB746,15,613 5.85 (5) If the municipality has designated a central counting location to be
14used to count ballots under s. 7.51 (1), the inspectors shall count and deposit the
15paper ballots in the container. The inspectors shall then place the slip made out
16under sub. (4) in the container. The inspectors shall also place the tally sheet
17recording the write-in votes and other votes cast on paper ballots, and all other
18ballots, or the record of the votes cast on an electronic voting system where no ballots
19are distributed to electors
, in the container and shall thereupon immediately seal the
20container with an adhesive seal provided by the municipal clerk for the purpose in
21such manner that the seal completely covers the opening in the container, and each
22of the inspectors shall sign the seal. The "Defective Ballots" envelope, and "Original
23Ballots" envelope each shall be securely sealed and the flap or end thereof of each
24signed by the inspectors and returned to the central counting location with the box
25for return of the ballots, enclosed ballots and returns. Thereupon, the municipal

1clerk or 2 of the election officials shall forthwith and by the most direct route
2transport the container and envelopes to the central counting location designated by
3the municipal clerk. Unless election officials are selected under s. 7.30 (4) (c) without
4regard to party affiliation, the election officials shall consist in each case of at least
5one election official of each of the 2 major political parties, whenever officials of both
6parties are present.
AB746, s. 40 7Section 40. 5.90 (1) of the statutes is renumbered 5.90 and amended to read:
AB746,16,2 85.90 Recounts. Except as otherwise provided in this subchapter, recounts of
9votes cast on at an election in which an electronic voting system is used shall be
10conducted in the manner prescribed in s. 9.01. Except as provided in sub. (2) and s.
119.01 (1) (b) 8s., if the ballots are distributed to the electors, the board of canvassers
12shall recount the ballots with using automatic tabulating equipment. The unless the
13petitioner, a candidate at the election, or an elector who voted in a referendum that
14is the subject of a recount files a written demand for the board of canvassers to
15recount the ballots, or the ballots from a specified ward or polling place, by hand, in
16which case the board of canvassers shall recount those ballots by hand. If automatic
17tabulating equipment is used, the
board of canvassers shall test the automatic
18tabulating equipment to be used prior to the recount as provided in s. 5.84, and then
19the official ballots or the record of the votes cast shall be recounted on the automatic
20tabulating equipment. In addition, the board of canvassers shall check the ballots
21for the presence or absence of the initials and other distinguishing marks, shall
22examine the ballots marked "Rejected", "Defective" and "Objected to" to determine
23the propriety of such labels, and shall compare the "Duplicate Overvoted Ballots"
24and "Duplicate Damaged Ballots" with their respective originals to determine the
25correctness of the duplicates. If electronic voting machines are used, the board of

1canvassers shall perform the recount using the permanent paper record of the votes
2cast by each elector, as generated by the machines.
AB746, s. 41 3Section 41. 5.90 (2) and (3) of the statutes are repealed.
AB746, s. 42 4Section 42. 5.91 (6) of the statutes, as affected by 2011 Wisconsin Act 32, is
5amended to read:
AB746,16,116 5.91 (6) The voting device or machine permits an elector in a primary election
7to vote for the candidates of the recognized political party of his or her choice, and
8the automatic tabulating equipment or machine rejects any ballot on which votes are
9cast in the primary of more than one recognized political party, except where a party
10designation is made or where an elector casts write-in votes for candidates of more
11than one party on a ballot that is distributed to the elector.
AB746, s. 43 12Section 43. 5.91 (7) of the statutes is amended to read:
AB746,16,1913 5.91 (7) It permits an elector to vote at an election for all persons and offices
14for whom and for which the elector is lawfully entitled to vote; to vote for as many
15persons for an office as the elector is entitled to vote for; to vote for or against any
16question upon which the elector is entitled to vote; and it rejects all choices recorded
17on a ballot for an office or a measure if the number of choices exceeds the number
18which an elector is entitled to vote for on such office or on such measure, except where
19an elector casts excess write-in votes upon a ballot that is distributed to the elector.
AB746, s. 44 20Section 44. 5.91 (9) of the statutes is amended to read:
AB746,16,2321 5.91 (9) It prevents an elector from voting for the same person more than once
22for the same office, except where an elector casts excess write-in votes upon a ballot
23that is distributed to the elector
.
AB746, s. 45 24Section 45. 5.91 (18) of the statutes is repealed.
AB746, s. 46 25Section 46. 5.91 (19) of the statutes is created to read:
AB746,17,2
15.91 (19) It requires the use of an individual printed ballot that is distributed
2to the elector.
AB746, s. 47 3Section 47. 5.94 of the statutes is amended to read:
AB746,17,12 45.94 Sample ballots; publication. When an electronic voting system
5employing a ballot that is distributed to electors is used, the county and municipal
6clerk of the county and municipality in which the polling place designated for use of
7the system is located shall cause to be published, in the type B notices, a true
8actual-size copy of the ballot containing the names of offices and candidates and
9statements of measures to be voted on, as nearly as possible, in the form in which they
10will appear on the official ballot on election day. The notice may be published as a
11newspaper insert. Municipal clerks may post the notice if the remainder of the type
12B notice is posted.
AB746, s. 48 13Section 48. 6.15 (3) of the statutes, as affected by 2011 Wisconsin Act 23, is
14amended to read:
AB746,18,615 6.15 (3) Procedure at polling place. An eligible elector may appear at the
16polling place for the ward or election district where he or she resides and make
17application for a ballot under sub. (2). Except as otherwise provided in this
18subsection, an elector who casts a ballot under this subsection shall follow the same
19procedure required for casting a ballot at the municipal clerk's office under sub. (2).
20The inspectors shall perform the duties of the municipal clerk, except that the
21inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk
22and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon
23proper completion of the application and cancellation card and verification of the
24proof of identification and proof of residence, whenever required, as provided in sub.
25(2) (bm), the inspectors shall permit the elector to cast his or her ballot for president

1and vice president. The elector shall mark the ballot and, unless the ballot is utilized
2with an electronic voting system, the elector shall fold the ballot, and deposit the
3ballot into the ballot box or give it to the inspector. The inspector shall deposit it
4directly into the ballot box. Voting machines or ballots Ballots utilized with
5electronic voting systems may only be used by electors voting under this section if
6they permit voting for president and vice president only.
AB746, s. 49 7Section 49. 6.80 (1) of the statutes is amended to read:
AB746,18,128 6.80 (1) Voting booth or machine use. Only one individual at a time is
9permitted to occupy a voting booth or machine, except that an elector who is a parent
10or guardian may be accompanied by the elector's minor child or minor ward, and an
11elector who qualifies for assistance under s. 6.82 (2) may be assisted as provided in
12that subsection.
AB746, s. 50 13Section 50. 6.80 (2) (a) of the statutes is amended to read:
AB746,18,1914 6.80 (2) (a) Upon receiving his or her ballot and without leaving the polling
15place, the elector shall enter an unoccupied voting booth or machine alone to cast his
16or her vote, except as authorized in sub. (1). An elector may use or copy an unofficial
17sample ballot which may be marked in advance of entering the polling place, but an
18elector may not use or bring into the polling place any ballot printed upon paper of
19the type required or utilized for official ballots at that polling place.
AB746, s. 51 20Section 51. 6.80 (2) (am) of the statutes is amended to read:
AB746,19,221 6.80 (2) (am) In partisan primaries, an elector may vote for a person as the
22candidate of the party of the elector's choice, if that person's name does not appear
23on the official ballot of that party, by writing in the name of the person in the space
24provided on the ballot or the ballot provided for that purpose, or where voting

1machines are used, in the irregular ballot device,
designating the party for which the
2elector desires such person to be the nominee.
AB746, s. 52 3Section 52. 6.80 (2) (f) of the statutes is amended to read:
AB746,19,154 6.80 (2) (f) In the presidential preference primary and other partisan primary
5elections at polling places where ballots are distributed to electors, unless the ballots
6are prepared under s. 5.655 or are utilized with an electronic voting system in which
7all candidates appear on the same ballot, after the elector prepares his or her ballot
8the elector shall detach the remaining ballots, fold the ballots to be discarded and fold
9the completed ballot unless the ballot is intended for counting with automatic
10tabulating equipment. The elector shall then either personally deposit the ballots
11to be discarded into the separate ballot box marked "blank ballot box" and deposit
12the completed ballot into the ballot box indicated by the inspectors, or give the ballots
13to an inspector who shall deposit the ballots directly into the appropriate ballot
14boxes. The inspectors shall keep the blank ballot box locked until the canvass is
15completed and shall dispose of the blank ballots as prescribed by the municipal clerk.
AB746, s. 53 16Section 53. 6.80 (3) (title) of the statutes is amended to read:
AB746,19,1717 6.80 (3) (title) Time in booth or machine.
AB746, s. 54 18Section 54. 6.80 (3) (b) of the statutes is amended to read:
AB746,19,2119 6.80 (3) (b) If an elector refuses to leave the booth or machine after being
20notified by one of the inspectors that the time has expired, the elector shall be
21removed by the inspectors.
AB746, s. 55 22Section 55. 6.82 (2) (a) and (b) of the statutes are amended to read:
AB746,20,723 6.82 (2) (a) If an elector declares to the presiding election official that he or she
24cannot read or write, or has difficulty in reading, writing or understanding English
25or that due to disability is unable to mark a ballot or depress a button or lever on a

1voting machine
, the elector shall be informed by the officials that he or she may have
2assistance. When assistance is requested, the elector may select any individual to
3assist in casting his or her vote. The selected individual rendering assistance may
4not be the elector's employer or an agent of that employer or an officer or agent of a
5labor organization which represents the elector. The selected individual shall certify
6on the back of the ballot that it was marked with his or her assistance. Where voting
7machines are used, certification shall be made on the registration list.
AB746,20,128 (b) The individual chosen shall enter the voting booth or machine with the
9elector and shall read the names of all candidates on the ballot for each office, and
10ask, "For which one do you vote?". The ballot shall be marked or the lever or button
11depressed
according to the elector's expressed preference. The individual selected
12to assist may not disclose to anyone how the elector voted.
AB746, s. 56 13Section 56. 6.82 (3) of the statutes is repealed.
AB746, s. 57 14Section 57. 6.96 of the statutes is amended to read:
AB746,21,6 156.96 Voting procedure for electors voting pursuant to federal court
16order.
Whenever any elector is allowed to vote at a polling place pursuant to a
17federal court order after the closing time provided under s. 6.78, the inspectors shall,
18before giving the elector a ballot, write on the back of the ballot the notation "s. 6.96".
19If voting machines are used in the municipality where the elector is voting, the
20elector's vote may be received only upon an absentee ballot furnished by the
21municipal clerk which shall have the notation "s. 6.96" written on the back of the
22ballot by the inspectors before the ballot is given to the elector.
When receiving the
23elector's ballot, the inspectors shall provide the elector with the written voting
24information prescribed by the board under s. 7.08 (8). The inspectors shall indicate
25on the list the fact that the elector is voting pursuant to a federal court order. The

1inspectors shall then deposit the ballot. The ballot shall be counted under s. 5.85 or
27.51 unless the order is vacated. If the order is vacated after the ballot is counted, the
3appropriate board or boards of canvassers or the chairperson of the board or his or
4her designee shall reopen the canvass to discount any ballots that were counted
5pursuant to the vacated order and adjust the statements, certifications, and
6determinations accordingly.
AB746, s. 58 7Section 58. 6.965 of the statutes, as created by 2011 Wisconsin Act 23, is
8amended to read:
AB746,22,4 96.965 Voting procedure for electors presenting citation or notice in
10lieu of license or receipt.
Whenever any elector is allowed to vote at a polling place
11under s. 6.79 (7) by presenting a citation or notice of intent to revoke or suspend an
12operator's license in lieu of an operator's license or driving receipt issued to the
13elector under ch. 343, the inspectors shall, before giving the elector a ballot, write on
14the back of the ballot the serial number of the elector corresponding to the number
15kept at the election on the poll list or other list maintained under s. 6.79 and the
16notation "s. 6.965." If voting machines are used in the municipality where the elector
17is voting, the elector's vote may be received only upon an absentee ballot furnished
18by the municipal clerk which shall have the notation "s. 6.965" written on the back
19of the ballot by the inspectors before the ballot is given to the elector.
If the municipal
20clerk receives an absentee ballot from an elector who presents a citation or notice,
21or copy thereof, under s. 6.87 (4) (b) 4., the clerk shall enter a notation on the
22certificate envelope "Ballot under s. 6.965, stats." Upon receiving the envelope, the
23inspectors shall open and write on the back of the ballot the serial number of the
24elector corresponding to the number kept at the election on the poll list or other list
25maintained under s. 6.79 and the notation "s. 6.965." The inspectors shall indicate

1on the poll list or other list maintained under s. 6.79 the fact that the elector is voting
2by using a citation or notice in lieu of a license or driving receipt. The inspectors shall
3then deposit the ballot. The ballot shall then be counted under s. 5.85, or under s.
47.51 or 7.52.
AB746, s. 59 5Section 59. 6.97 (1) of the statutes, as affected by 2011 Wisconsin Act 23, is
6amended to read:
AB746,23,127 6.97 (1) Whenever any individual who is required to provide proof of residence
8under s. 6.34 in order to be permitted to vote appears to vote at a polling place and
9cannot provide the required proof of residence, the inspectors shall offer the
10opportunity for the individual to vote under this section. Whenever any individual,
11other than a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as
12defined in s. 6.34 (1) (b), or an elector who has a confidential listing under s. 6.47 (2),
13appears to vote at a polling place and does not present proof of identification under
14s. 6.79 (2), whenever required, the inspectors or the municipal clerk shall similarly
15offer the opportunity for the individual to vote under this section. If the individual
16wishes to vote, the inspectors shall provide the elector with an envelope marked
17"Ballot under s. 6.97, stats." on which the serial number of the elector is entered and
18shall require the individual to execute on the envelope a written affirmation stating
19that the individual is a qualified elector of the ward or election district where he or
20she offers to vote and is eligible to vote in the election. The inspectors shall, before
21giving the elector a ballot, write on the back of the ballot the serial number of the
22individual corresponding to the number kept at the election on the poll list or other
23list maintained under s. 6.79 and the notation "s. 6.97". If voting machines are used
24in the municipality where the individual is voting, the individual's vote may be
25received only upon an absentee ballot furnished by the municipal clerk which shall

1have the corresponding number from the poll list or other list maintained under s.
26.79 and the notation "s. 6.97" written on the back of the ballot by the inspectors
3before the ballot is given to the elector.
When receiving the individual's ballot, the
4inspectors shall provide the individual with written voting information prescribed
5by the board under s. 7.08 (8). The inspectors shall indicate on the list the fact that
6the individual is required to provide proof of residence or proof of identification under
7s. 6.79 (2) but did not do so. The inspectors shall notify the individual that he or she
8may provide proof of residence or proof of identification to the municipal clerk or
9executive director of the municipal board of election commissioners. The inspectors
10shall also promptly notify the municipal clerk or executive director of the name,
11address, and serial number of the individual. The inspectors shall then place the
12ballot inside the envelope and place the envelope in a separate carrier envelope.
AB746, s. 60 13Section 60. 7.03 (1) (a) and (d) of the statutes are amended to read:
AB746,24,214 7.03 (1) (a) Except as authorized under this paragraph, a reasonable daily
15compensation shall be paid to each inspector, voting machine custodian, automatic
16tabulating equipment technician, member of a board of canvassers, messenger, and
17tabulator who is employed and performing duties under chs. 5 to 12. Daily
18compensation shall also be provided to inspectors and inspector trainees for
19attendance at training programs conducted by the board and municipal clerks under
20ss. 7.31 and 7.315. Alternatively, such election officials and trainees may be paid by
21the hour at a proportionate rate for each hour actually worked. Any election official
22or trainee may choose to volunteer his or her services by filing with the municipal
23clerk of the municipality in which he or she serves a written declination to accept
24compensation. The volunteer status of the election official or trainee remains

1effective until the official or trainee files a written revocation with the municipal
2clerk.
AB746,24,73 (d) Except as otherwise provided in par. (a), special registration deputies
4appointed under s. 6.55 (6), special voting deputies appointed under s. 6.875 (4) and
5officials and trainees who attend training sessions under s. 7.15 (1) (e) or 7.25 (5) may
6also be compensated by the municipality where they serve at the option of the
7municipality.
AB746, s. 61 8Section 61. 7.08 (1) (d) of the statutes is amended to read:
AB746,24,159 7.08 (1) (d) Promulgate rules for the administration of the statutory
10requirements for voting machines and electronic voting systems and any other
11voting apparatus which may be introduced in this state for use at elections.
12Pursuant to such responsibility, the board may obtain assistance from competent
13persons to check the machines, systems and apparatus and approve for use those
14types meeting the statutory requirements and shall establish reasonable
15compensation for persons performing duties under this paragraph.
AB746, s. 62 16Section 62. 7.10 (6) of the statutes is amended to read:
AB746,24,2317 7.10 (6) Municipal judge; certified list. If candidates for the office of a
18municipal judge who is elected under s. 755.01 (4) file nomination papers in the office
19of the county clerk and any municipality served by the judge prepares its own ballots
20for voting machines or an electronic voting system, the county clerk shall certify to
21the municipal clerk of that municipality the names of the candidates for judge as soon
22as possible after the last day for filing nomination papers and after certification by
23the county board of canvassers of the results of any primary election.
AB746, s. 63 24Section 63. 7.15 (2) (c) of the statutes is amended to read:
AB746,25,5
17.15 (2) (c) With the consent of the county clerk, municipalities may prepare
2their own ballots whenever voting machines or an electronic voting systems are
3system is used in elections where candidates for both local offices and national, state
4or county offices appear on the ballot. This paragraph does not apply to cities under
5par. (b).
AB746, s. 64 6Section 64. 7.15 (3) of the statutes is amended to read:
AB746,25,117 7.15 (3) Ballot supply; sample ballots. (a) Where voting machines are used
8or where
electronic voting systems are employed, the municipal clerk shall provide
9at least 2 duplicate sample ballots for each ward in diagram form showing the board
10or screen inside each voting machine or the front of each ballot as it will appear in
11the voting machines or booths on election day.
AB746,25,1312 (b) Sample ballots and voting machine ballots shall be furnished to the officials
13in the ward or election district at least one day before each election.
AB746, s. 65 14Section 65. 7.15 (6) of the statutes is amended to read:
AB746,25,2315 7.15 (6) Substitute ballots. (a) The municipal clerk shall provide substitute
16paper ballots in substantially the form of the original ballots whenever the necessary
17original ballots are not delivered to the municipality, are destroyed, are lost or stolen
18after delivery, are not ready for distribution or the supply is exhausted during polling
19hours. The municipal clerk may also provide substitute paper ballots, together with
20ballot boxes and voting booths, whenever a voting machine or an electronic voting
21system is rendered inoperable by a malfunction which occurs within 24 hours of the
22time set for opening of the polls. Paper ballots may be cast only in accordance with
23the procedures prescribed in ss. 6.80 (2) and 7.37 (4).
AB746,26,524 (b) Upon receiving the substitute paper ballots accompanied by a statement
25made under oath by the municipal clerk that the ballots have been prepared and

1furnished by the clerk to replace the original ballots which are not available, or to
2substitute for a voting machine or an electronic voting system which has been
3rendered inoperable by a malfunction which occurred within 72 hours of the time set
4for opening of the polls, the election officials shall use the substitute ballots in the
5same manner as if they had been original ballots.
AB746, s. 66 6Section 66. 7.23 (1) (h) of the statutes is amended to read:
AB746,26,97 7.23 (1) (h) Except as provided in par. (f), ballots at an election may be destroyed
8no earlier than 14 days before the next regularly scheduled election but in no case
9earlier than
30 days after any election.
AB746, s. 67 10Section 67. 7.23 (2) of the statutes is amended to read:
AB746,26,2111 7.23 (2) If a recount is pending or if the time allowed for filing a recount petition
12at any election or an appeal or petition for review of any recount determination or
13decision at an election has not expired, no materials may be destroyed until after the
14recount is completed and the applicable time period has expired. In addition, if there
15is litigation pending with respect to a recount at an election, materials may be
16destroyed and recording units or compartments may be cleared or erased only by
17order of the court in which litigation is pending. Upon petition of the attorney
18general or a district attorney or U.S. attorney for the affected jurisdiction, a circuit
19judge for the affected jurisdiction may order that specified materials not be destroyed
20or that specified recorders, units or compartments not be cleared or erased as
21otherwise authorized under this subsection until the court so permits.
AB746, s. 68 22Section 68. 7.25 of the statutes is repealed.
AB746, s. 69 23Section 69. 7.30 (1) (a) of the statutes is amended to read:
AB746,27,1424 7.30 (1) (a) Except as authorized under par. (b), there shall be 7 inspectors for
25each polling place at each election. Except as authorized in par. (b), in municipalities

1where voting machines are used, the municipal governing body may reduce the
2number of inspectors to 5.
A municipal governing body may provide for the
3appointment of additional inspectors whenever more than one voting machine is
4used or
wards are combined under s. 5.15 (6) (b). A municipal governing body may
5provide by ordinance for the selection of alternate officials or the selection of 2 or
6more sets of officials to work at different times on election day, and may permit the
7municipal clerk or board of election commissioners to establish different working
8hours for different officials assigned to the same polling place. Alternate officials
9shall also be appointed in a number sufficient to maintain adequate staffing of
10polling places. Except for inspectors who are appointed under par. (b) and officials
11who are appointed without regard to party affiliation under sub. (4) (c), additional
12officials shall be appointed in such a manner that the total number of officials is an
13odd number and the predominant party under sub. (2) is represented by one more
14official than the other party.
AB746, s. 70 15Section 70. 7.37 (4) of the statutes is amended to read:
AB746,27,2516 7.37 (4) Balloting procedure. At polling places which utilize paper ballots or
17electronic voting systems in which ballots are distributed to electors, 2 inspectors
18shall be assigned to take charge of the official ballots. They shall write their initials
19on the back of each ballot and deliver to each elector as he or she enters the voting
20booth one ballot properly endorsed by each of them. Where paper ballots are used,
21the inspectors shall fold each ballot in the proper manner to be deposited before
22delivering it to the elector. If asked, inspectors may instruct any elector as to the
23proper manner of marking the ballot, but they may not give advice, suggestions,
24express any preferences or make any requests as to the person for whom, the
25question on which or the ballot on which the elector shall vote.
AB746, s. 71
1Section 71. 7.41 (4m) of the statutes is created to read:
AB746,28,52 7.41 (4m) Any individual may, with reasonable prior notice to a municipal
3clerk, inspect the area in which ballots relating to an election are stored after the date
4of that election. This subsection does not authorize an individual to inspect ballots
5or to require the breaking of seals on ballot bags or containers.
AB746, s. 72 6Section 72. 7.41 (5) of the statutes is amended to read:
AB746,28,107 7.41 (5) The board may promulgate rules that are consistent with the
8requirements of sub. (2) regarding the proper conduct of individuals exercising the
9right rights under sub. subs. (1) and (4m), including the interaction of those
10individuals with inspectors and other election officials.
AB746, s. 73 11Section 73. 7.50 (2) (hm) of the statutes is repealed.
AB746, s. 74 12Section 74. 7.51 (2) (a) of the statutes is amended to read:
AB746,28,2513 7.51 (2) (a) The inspectors shall first compare the poll lists, correcting any
14mistakes until the poll lists agree. The chief inspector and the inspectors who are
15responsible for recording electors under s. 6.79 shall verify the correctness of the poll
16lists after the polls close by each signing their name thereto. Where ballots are
17distributed to electors, the
The inspectors shall then open the ballot box and remove
18and count the number of ballots therein without examination except as is necessary
19to ascertain that each is a single ballot. If 2 or more ballots are folded together so as
20to appear as a single ballot, the inspectors shall lay them aside until the count is
21completed; and if, after a comparison of the count and the appearance of the ballots
22it appears to a majority of the inspectors that the ballots folded together were voted
23by the same person they may not be counted but the inspectors shall mark them as
24to the reason for removal, set them aside and carefully preserve them. The inspectors
25shall then proceed under par. (b).
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