AB126,9,10 225.055 Election assistance commission standards board. The executive
23director of the board
administrator shall, in consultation with the board, appoint an
24individual to represent this state as a member of the federal election assistance
25commission standards board. The executive director administrator shall also

1conduct and supervise a process for the selection of an election official by county and
2municipal clerks and boards of election commissioners to represent local election
3officials of this state as a member of the federal election assistance commission
4standards board. The executive director administrator shall ensure that the
5members of the federal election assistance commission standards board
6representing this state shall at no time be members of the same political party. Upon
7appointment or election of any new member of the federal election assistance
8commission standards board representing this state, the executive director
9administrator shall transmit a notice of that member's appointment or election to the
10officer or agency designated by federal law.
AB126, s. 6 11Section 6. 5.056 of the statutes is amended to read:
AB126,9,17 125.056 Matching program with secretary of transportation. The
13executive director of the board administrator shall enter into the agreement with the
14secretary of transportation specified under s. 85.61 (1) to match personally
15identifiable information on the official registration list maintained by the board
16division under s. 6.36 (1) with personally identifiable information maintained by the
17department of transportation.
AB126, s. 7 18Section 7. 5.06 (1) of the statutes is amended to read:
AB126,9,2519 5.06 (1) Whenever any elector of a jurisdiction or district served by an election
20official believes that a decision or action of the official or the failure of the official to
21act with respect to any matter concerning nominations, qualifications of candidates,
22voting qualifications, including residence, ward division and numbering, recall,
23ballot preparation, election administration or conduct of elections is contrary to law,
24or the official has abused the discretion vested in him or her by law with respect to
25any such matter, the elector may file a written sworn complaint with the board

1division requesting that the official be required to conform his or her conduct to the
2law, be restrained from taking any action inconsistent with the law or be required
3to correct any action or decision inconsistent with the law or any abuse of the
4discretion vested in him or her by law. The complaint shall set forth such facts as are
5within the knowledge of the complainant to show probable cause to believe that a
6violation of law or abuse of discretion has occurred or will occur. The complaint may
7be accompanied by relevant supporting documents. The board division may conduct
8a hearing on the matter in the manner prescribed for treatment of contested cases
9under ch. 227 if it believes such action to be appropriate.
AB126, s. 8 10Section 8. 5.06 (2) of the statutes is amended to read:
AB126,10,1911 5.06 (2) No person who is authorized to file a complaint under sub. (1), other
12than the attorney general or a district attorney, may commence an action or
13proceeding to test the validity of any decision, action or failure to act on the part of
14any election official with respect to any matter specified in sub. (1) without first filing
15a complaint under sub. (1), nor prior to disposition of the complaint by the board
16division. A complaint is deemed disposed of if the board division fails to transmit an
17acknowledgment of receipt of the complaint within 5 business days from the date of
18its receipt or if the board division concludes its investigation without a formal
19decision.
AB126, s. 9 20Section 9. 5.06 (4) of the statutes is amended to read:
AB126,11,221 5.06 (4) The board division may, on its own motion, investigate and determine
22whether any election official, with respect to any matter concerning nominations,
23qualifications of candidates, voting qualifications, including residence, ward
24division and numbering, recall, ballot preparation, election administration or

1conduct of elections, has failed to comply with the law or abused the discretion vested
2in him or her by law or proposes to do so.
AB126, s. 10 3Section 10. 5.06 (5) of the statutes is amended to read:
AB126,11,94 5.06 (5) Upon receipt of a complaint under sub. (1), or upon its own motion, the
5board division may order any election official to immediately transfer to its
6possession any original documents in the custody of the official which the board
7division
finds to be necessary and relevant to permit review of compliance with the
8laws concerning nominations, qualifications of candidates, ward division and
9numbering, recall or ballot preparation or the proper administration of such laws.
AB126, s. 11 10Section 11. 5.06 (6) of the statutes is amended to read:
AB126,11,1711 5.06 (6) The board division may, after such investigation as it deems
12appropriate, summarily decide the matter before it and, by order, require any
13election official to conform his or her conduct to the law, restrain an official from
14taking any action inconsistent with the law or require an official to correct any action
15or decision inconsistent with the law. The board division shall immediately transmit
16a copy of the order to the official. An order issued under this subsection is effective
17immediately or at such later time as may be specified in the order.
AB126, s. 12 18Section 12. 5.06 (7) of the statutes is amended to read:
AB126,11,2019 5.06 (7) The board division may withdraw, modify or correct an order issued
20under sub. (6) within a timely period if it finds such action to be appropriate.
AB126, s. 13 21Section 13. 5.06 (8) of the statutes is amended to read:
AB126,12,222 5.06 (8) Any election official or complainant who is aggrieved by an order issued
23under sub. (6) may appeal the decision of the board division to circuit court for the
24county where the official conducts business or the complainant resides no later than

130 days after issuance of the order. Pendency of an appeal does not stay the effect
2of an order unless the court so orders.
AB126, s. 14 3Section 14. 5.06 (9) of the statutes is amended to read:
AB126,12,124 5.06 (9) The court may not conduct a de novo proceeding with respect to any
5findings of fact or factual matters upon which the board division has made a
6determination, or could have made a determination if the parties had properly
7presented the disputed matters to the board division for its consideration. The court
8shall summarily hear and determine all contested issues of law and shall affirm,
9reverse or modify the determination of the board division, according due weight to
10the experience, technical competence and specialized knowledge of the board
11division, pursuant to the applicable standards for review of agency decisions under
12s. 227.57.
AB126, s. 15 13Section 15. 5.061 of the statutes is amended to read:
AB126,12,17 145.061 Compliance with federal Help America Vote Act. (1) Whenever
15any person believes that a violation of Title III of P.L. 107-252 has occurred, is
16occurring, or is proposed to occur with respect to an election for national office in this
17state, that person may file a written, verified complaint with the board division.
AB126,12,20 18(2) If the board division receives more than one complaint under sub. (1)
19relating to the same subject matter, the board division may consolidate the
20complaints for purposes of this section.
AB126,13,2 21(3) A complainant under sub. (1) or any of the complainants in a consolidated
22complaint under sub. (2) may request a hearing and the matter shall then be treated
23as a contested case under ch. 227, except that the board division shall make a final
24determination with respect to the merits of the complaint and issue a decision within
2589 days of the time that the complaint or the earliest of any complaints was filed,

1unless the complainant, or each of any complainants whose complaints are
2consolidated, consents to a specified longer period.
AB126,13,8 3(4) If the board division finds the complaint to be without merit, it shall issue
4a decision dismissing the complaint. If the board division finds that the violation
5alleged in the complaint has occurred, is occurring, or is proposed to occur, the board
6division shall order appropriate relief, except that the board division shall not issue
7any order under this subsection affecting the right of any person to hold an elective
8office or affecting the canvass of an election on or after the date of that election.
AB126, s. 16 9Section 16. 5.09 of the statutes is amended to read:
AB126,13,16 105.09 Certification of documents. Whenever the board division is authorized
11or required to make a certification of any document in the its custody of the board,
12and the authority to make the certification is lawfully delegated to the executive
13director
, the executive director administrator may, personally or through an
14employee authorized by the director administrator, affix his or her signature by
15means of a stamp, machine impression, reproduction print or similar process. This
16section does not apply to certificates of election.
AB126, s. 17 17Section 17. 5.25 (4) of the statutes is amended to read:
AB126,13,2318 5.25 (4) (a) Each polling place shall be accessible to all individuals with
19disabilities. The board division shall ensure that the voting system used at each
20polling place will permit all individuals with disabilities to vote without the need for
21assistance and with the same degree of privacy that is accorded to nondisabled
22electors voting at the same polling place. This paragraph does not apply to any
23individual who is disqualified from voting under s. 6.03 (1) (a).
AB126,14,224(b) In any jurisdiction that is subject to the requirement under 42 USC
251973aa-1a
to provide voting materials in any language other than English, the board

1division shall ensure that the voting system used at each polling place in that
2jurisdiction is in compliance with 42 USC 1973aa-1a.
AB126,14,83 (d) No later than June 30 of each odd-numbered year, the board division shall
4submit a report on impediments to voting faced by elderly and handicapped
5individuals to the appropriate standing committees of the legislature under s. 13.172
6(3). In preparing its report under this paragraph, the board division shall consult
7with appropriate advocacy groups representing the elderly and handicapped
8populations.
AB126, s. 18 9Section 18. 5.35 (6) (a) 2m. of the statutes is amended to read:
AB126,14,1110 5.35 (6) (a) 2m. General information prescribed by the board division on federal
11laws relating to election fraud and misrepresentation in federal elections.
AB126, s. 19 12Section 19. 5.35 (6) (a) 4a. of the statutes is amended to read:
AB126,14,1413 5.35 (6) (a) 4a. Instructions prescribed by the board division for electors for
14whom proof of residence under s. 6.34 is required under s. 6.55 (2).
AB126, s. 20 15Section 20. 5.35 (6) (a) 4b. of the statutes is amended to read:
AB126,14,1816 5.35 (6) (a) 4b. General information prescribed by the board division
17concerning voting rights under applicable state and federal laws, including the
18method of redress for any alleged violations of those rights.
AB126, s. 21 19Section 21. 5.35 (6) (a) 5. of the statutes is amended to read:
AB126,14,2120 5.35 (6) (a) 5. Any other voting information directed to be posted by the board
21division.
AB126, s. 22 22Section 22. 5.35 (6) (b) of the statutes is amended to read:
AB126,15,923 5.35 (6) (b) At each polling place in the state where a consolidated ballot under
24s. 5.655 is used or an electronic voting system is utilized at a partisan primary
25election incorporating a ballot upon which electors may mark votes for candidates

1of more than one recognized political party or for candidates of a recognized political
2party and independent candidates, the municipal clerk or board of election
3commissioners shall prominently post a sign in the form prescribed by the board
4division warning electors in substance that on any ballot with votes cast for
5candidates of more than one recognized political party or any ballot with votes cast
6for candidates of a recognized political party and independent candidates, no votes
7cast for any candidates for partisan office will be counted unless a preference for a
8party or for the independent candidates is made. If the elector designates a
9preference, only votes cast for candidates of that preference will be counted.
AB126, s. 23 10Section 23. 5.40 (5m) and (7) of the statutes are amended to read:
AB126,15,1411 5.40 (5m) Notwithstanding sub. (1), the governing body of a municipality
12which uses voting machines or an electronic voting system may petition the board
13division for permission to use paper ballots and voting booths for a specific election,
14and the board division may grant such a request.
AB126,15,20 15(7) Whenever a municipality adopts and purchases voting machines or an
16electronic voting system, or adopts and purchases a different type of voting machine
17or electronic voting system from the type it was previously using, the municipal clerk
18or executive director of the municipal board of election commissioners shall promptly
19notify the county clerk or executive director of the county board of election
20commissioners and the executive director of the elections board division in writing.
AB126, s. 24 21Section 24. 5.51 (6) and (8) of the statutes are amended to read:
AB126,15,2522 5.51 (6) All candidates' names for the same office shall be placed, projected or
23composed on the ballot in the same size, style and color of type. The style and size
24of type shall conform substantially to the official ballot forms prescribed by the board
25division under s. 7.08 (1) (a).
AB126,16,2
1(8) Unless otherwise specifically provided, the form of all ballots shall conform
2to the ballot forms prescribed by the board division under s. 7.08 (1) (a).
AB126, s. 25 3Section 25. 5.58 (1b) (bm) of the statutes is amended to read:
AB126,16,64 5.58 (1b) (bm) For all cities the official spring primary ballot shall be arranged
5by the municipal clerk, using the same method as that used by the board division
6under s. 5.60 (1) (b).
AB126, s. 26 7Section 26. 5.58 (1b) (cm) of the statutes is amended to read:
AB126,16,118 5.58 (1b) (cm) Towns and villages holding a primary under s. 8.05 shall arrange
9the ballot in accordance with the form prescribed by the board division under s. 7.08
10(1) (a), which shall be the same form as provided in s. 5.60 (5) and (6), insofar as
11possible.
AB126, s. 27 12Section 27. 5.58 (2), (2m) and (2r) (am) of the statutes are amended to read:
AB126,16,2313 5.58 (2) State superintendent of public instruction; judiciary; county
14executive; and county supervisors.
There shall be one separate ballot for state
15superintendent, judicial officers, county executive under s. 59.17 and county
16supervisor, except as authorized in s. 5.655. In counties having a population of
17500,000 or more, the ballot also shall include those offices under s. 8.11 (2) and (2m).
18The arrangement of names of candidates for state superintendent, justice, court of
19appeals judge and circuit court judge shall be determined by the board division in the
20manner specified in s. 5.60 (1) (b). Arrangement of the names of candidates for
21county executive and county supervisor shall be determined by the county clerk or
22by the executive director of the county board of election commissioners in the manner
23specified in s. 5.60 (1) (b).
AB126,17,4 24(2m) Metropolitan sewerage commission. Except as authorized in s. 5.655,
25there shall be a separate ballot for members of the metropolitan sewerage

1commission if commissioners are elected under s. 200.09 (11) (am), with candidates
2for different seats listed in separate columns or rows if more than one seat is
3contested at any election. Arrangement of the names on the ballot shall be
4determined by the board division.
AB126,17,13 5(2r) (am) Except as authorized in s. 5.655, there shall be a separate ballot for
6each recognized political party filing a certification under s. 8.12 (1), listing the
7names of all potential candidates of that party determined under s. 8.12 and
8affording, in addition, an opportunity to the voter to nominate another potential
9candidate by write-in vote or to vote for an uninstructed delegation to the party
10convention. The order of presidential candidates on the ballot shall be determined
11by lot by or under the supervision of the board division. Each voter shall be given
12the ballots of all the parties participating in the presidential preference vote, but may
13vote on one ballot only.
AB126, s. 28 14Section 28. 5.60 (1) (b), (3) (ag), (5) (ar) and (6) (a) of the statutes are amended
15to read:
AB126,18,216 5.60 (1) (b) The board division shall certify the candidates' names and
17designate the official ballot arrangement for candidates for state superintendent,
18justice, court of appeals judge, circuit judge and, if commissioners are elected under
19s. 200.09 (11) (am), the metropolitan sewerage commission. The arrangement of
20names of all candidates on the ballot whose nomination papers are filed with the
21board division shall be determined by the board division by the drawing of lots not
22later than the 2nd Tuesday in January, or the next day if the first Tuesday is a
23holiday. Whenever a primary is held for an office, a 2nd drawing of all candidates
24for that office shall be held by or under the supervision of the board division not later

1than the 3rd day following the completion of the primary canvass to determine the
2arrangement of candidates on the election ballot.
AB126,18,6 3(3) (ag) Except as authorized in s. 5.655, there shall be a separate ballot giving
4the names of all candidates for city offices, printed in the same form as prescribed
5by the board division under s. 7.08 (1) (a). City election ballots may vary in form to
6conform to the law under which an election is held.
AB126,18,10 7(5) (ar) The offices to be filled shall be arranged on the official ballot in the order
8they are named in the statutes creating them. The names of the candidates shall be
9arranged by using the same method as that used by the board division under sub. (1)
10(b). Sufficient space shall be left under each office for write-in candidates.
AB126,18,23 11(6) (a) Except as authorized in s. 5.655, there shall be a separate ballot giving
12the names of all candidates for elective town offices in the form prescribed by the
13board division under s. 7.08 (1) (a). There shall be 2 ballot forms. One ballot form
14shall be used for the election of supervisors to numbered seats and one ballot form
15shall be used for the election of supervisors to unnumbered seats. On the ballot used
16for the election of supervisors to unnumbered seats, all supervisor candidates shall
17be listed together and the voting instructions shall state "Vote for not more than....
18[insert number of supervisors to be elected] candidates". All towns shall elect their
19supervisors to unnumbered seats unless the annual town meeting adopts a plan to
20elect supervisors to numbered seats. The names of candidates for town office shall
21be arranged by using the same method as that used by the board division under sub.
22(1) (b). A space shall be provided under each office on the ballot for a write-in
23candidate.
AB126, s. 29 24Section 29. 5.62 (1) (a) and (b) 1., (2) (a), (3) and (4) (ar) and (b) of the statutes
25are amended to read:
AB126,19,21
15.62 (1) (a) At September primaries, the following ballot shall be provided for
2the nomination of candidates of recognized political parties for national, state and
3county offices and independent candidates for state office in each ward, in the same
4form as prescribed by the board division under s. 7.08 (1) (a), except as authorized
5in s. 5.655. The ballots shall be made up of the several party tickets with each party
6entitled to participate in the primary under par. (b) or sub. (2) having its own ballot,
7except as authorized in s. 5.655. The independent candidates for state office other
8than district attorney shall have a separate ballot for all such candidates as under
9s. 5.64 (1) (e), except as authorized in s. 5.655. The ballots shall be secured together
10at the bottom. The party ballot of the party receiving the most votes for president
11or governor at the last general election shall be on top with the other parties arranged
12in descending order based on their vote for president or governor at the last general
13election. The ballots of parties qualifying under sub. (2) shall be placed after the
14parties qualifying under par. (b), in the same order in which the parties filed petitions
15with the board division. Any ballot required under par. (b) 2. shall be placed next in
16order. The ballot listing the independent candidates shall be placed at the bottom.
17At polling places where voting machines are used, each party and the independent
18candidates shall be represented in one or more separate columns or rows on the
19ballot. At polling places where an electronic voting system is used other than an
20electronic voting machine, each party and the independent candidates may be
21represented in separate columns or rows on the ballot.
AB126,20,1122 (b) 1. Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every recognized
23political party listed on the official ballot at the last gubernatorial election whose
24candidate for any statewide office received at least 1% of the total votes cast for that
25office and, if the last general election was also a presidential election, every

1recognized political party listed on the ballot at that election whose candidate for
2president received at least 1% of the total vote cast for that office shall have a
3separate primary ballot or one or more separate columns or rows on the primary
4ballot as prescribed in par. (a) and a separate column on the general election ballot
5in every ward and election district. An organization which was listed as
6"independent" at the last general election and whose candidate meets the same
7qualification shall receive the same ballot status upon petition of the chairperson
8and secretary of the organization to the board division requesting such status and
9specifying their party name, which may not duplicate the name of an existing party.
10A petition under this subdivision may be filed no later than 5 p.m. on June 1 in the
11year of each general election.
AB126,20,25 12(2) (a) Except as provided in par. (b) and s. 5.64 (1) (e) 2., any political
13organization may be represented on a separate primary ballot or in one or more
14separate columns or rows on the primary ballot as prescribed in sub. (1) (a) and in
15a separate column on the general election ballot in every ward and election district.
16To qualify for a separate ballot under this paragraph, the political organization shall,
17not later than 5 p.m. on June 1 in the year of the September primary, file with the
18board division a petition requesting separate ballot status. The petition shall be
19signed by at least 10,000 electors, including at least 1,000 electors residing in each
20of at least 3 separate congressional districts. The petition shall conform to the
21requirements of s. 8.40. No signature obtained before January 1 in the year of filing
22is valid. When the candidates of a political organization filing a valid petition fulfill
23the requirements prescribed by law, they shall appear on a separate ballot or one or
24more separate columns or rows on the ballot for the period ending with the following
25general election.
AB126,21,10
1(3) The board division shall designate the official primary ballot arrangement
2for statewide offices and district attorney within each prosecutorial district by using
3the same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate
4column or row on the ballot, the candidates for office shall be listed together with the
5offices which they seek in the following order whenever these offices appear on the
6September primary ballot: governor, lieutenant governor, attorney general,
7secretary of state, state treasurer, U.S. senator, U.S. representative in congress,
8state senator, representative to the assembly, district attorney and the county offices.
9Below the names of the independent candidates shall appear the party or principle
10of the candidates, if any, in 5 words or less, as shown on their nomination papers.
AB126,21,13 11(4) (ar) Within a county the county clerk shall arrange the names of all
12candidates filing nomination papers with the clerk's office using the same method as
13that used by the board division under s. 5.60 (1) (b).
AB126,21,1814 (b) The county board of election commissioners in counties having a population
15of more than 500,000 shall prepare the official primary ballot. The commissioners
16shall arrange the names of all candidates for each office whose nomination papers
17are filed at the county level, using the same method as that used by the elections
18board division under s. 5.60 (1) (b).
AB126, s. 30 19Section 30. 5.64 (1) (ag), (b), (e) 1. and (es) and (2) (am) and (c) of the statutes
20are amended to read:
AB126,21,2421 5.64 (1) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
22giving the names of all candidates for president and vice president and for statewide,
23congressional, legislative, and county offices in the same form as prescribed by the
24board division under s. 7.08 (1) (a).
AB126,22,12
1(b) The names of the candidates on the regular party tickets nominated at the
2primary or replacements appointed under s. 8.35 (2) shall appear in a separate
3column under the party designation. The columns shall be arranged from left to right
4according to rank, based on the number of votes received by each party's candidate
5for president or governor at the last general election beginning with the party that
6received the most votes. To the right of the columns for parties qualifying under s.
75.62 (1) (b) shall be placed the columns for parties qualifying under s. 5.62 (2) in the
8same order in which the parties filed petitions with the board division. Any column
9required under par. (e) 2. shall be placed next in order. To the right of the party
10columns shall be a column for the names of independent candidates for each office,
11or more than one column if the first column does not provide sufficient space for the
12names of all such candidates.
AB126,23,213 (e) 1. Except as provided in subd. 2., each candidate's name shall be placed in
14the column of the party by which nominated or if independent, in a column
15designated independent and all candidates for the same office shall appear within
16the same rows on the ballot. If a separate column is provided to write in the names
17of any party candidates under subd. 2., the column shall appear before the column
18designated independent with the spaces provided to write in the names of the
19candidates for each such party appearing in the same order in which the columns of
20their parties would appear under par. (b). Along with the names of the independent
21candidates shall appear the party or principle of the candidates, if any, in 5 words
22or less, as shown on their nomination papers. Independent candidates for the same
23county office shall be listed in the same manner in an order drawn by lot by or under
24supervision of the county clerk or board of election commissioners. The board
25division shall conduct a redrawing for purposes of determining the arrangement of

1independent candidates for state office who appeared on the primary ballot in the
2manner provided in s. 5.60 (1) (b).
AB126,23,113 (es) The party candidates shall be arranged consecutively from top to bottom
4based on the number of votes received by their party's candidate for governor at the
5last election beginning with the party that received the most votes. The independent
6president-vice president candidates shall be listed together in an order drawn by lot
7by or under supervision of the board division, following under the party candidates.
8Along with the names of the independent candidates shall appear the party or
9principle of the candidates, if any, in 5 words or less, as shown on their nomination
10papers. Following under the independent candidates, a space shall be left for writing
11in the names of a candidate for president and vice president.
AB126,23,20 12(2) (am) There shall be a separate ballot when any proposed constitutional
13amendment or any other measure or question is submitted to a vote of the people,
14except as authorized in s. 5.655. The ballot shall give a concise statement of each
15question in accordance with the act or resolution directing submission in the same
16form as prescribed by the board division under s. 7.08 (1) (a). The question may not
17be worded in such a manner as to require a negative vote to approve a proposition
18or an affirmative vote to disapprove a proposition. Unless otherwise expressly
19provided, this ballot form shall be used at all elections when questions are submitted
20to a vote of the people.
AB126,24,921 (c) The official referendum ballot prescribed under this subsection shall be
22utilized at every election, except that the format shall be altered to the extent
23provided or required by other laws establishing or authorizing referenda to be
24conducted. Except as authorized in s. 5.655, all referenda shall appear on a separate
25ballot, but more than one referendum question may appear on the same referendum

1ballot whenever the questions are numbered and all electors voting the ballot are
2entitled to vote upon all questions appearing thereon. When more than one state
3referendum is placed on the same ballot, the board division shall number the
4questions in chronological sequence. If the legislature submits questions on different
5dates, the board division shall number the questions sequentially based on the date
6on which the questions are submitted by the legislature. Except as authorized in s.
75.655, state and county referenda shall appear on a separate ballot from municipal
8or special district referenda. The form of all referendum ballots shall be
9substantially the same as that prescribed by the board division under s. 7.08 (1) (a).
AB126, s. 31 10Section 31. 5.655 (3) of the statutes is amended to read:
AB126,24,1411 5.655 (3) The board division shall prescribe notices and instructions to be given
12to electors who use a ballot that is authorized under sub. (2) in lieu of any notices and
13instructions that are applicable only to municipalities employing separate paper
14ballots.
AB126, s. 32 15Section 32. 5.68 (7) of the statutes is amended to read:
AB126,25,216 5.68 (7) Any municipality that maintained polling hours beginning later than
177 a.m. prior to April 29, 2006, and that incurs additional costs to adjust its polling
18hours to begin at 7 a.m. at any election held after April 29, 2006, may file a claim with
19the board division for reimbursement of those costs. The claim shall be accompanied
20by appropriate substantiation of all costs incurred. The board division shall audit
21the claim and, if the board division finds that the costs have been incurred by the
22municipality, and the costs would not have been incurred but for the requirement to
23open polling places at 7 a.m., the board division shall reimburse the municipality for
24those costs. No claim is payable under this subsection unless the claim is filed with

1the board division, together with appropriate substantiation, within 60 days
2following the date on which the costs are incurred.
AB126, s. 33 3Section 33. 5.72 of the statutes is amended to read:
AB126,25,16 45.72 Correcting ballot errors. (1) As soon as possible after ballots are
5delivered to the county clerk or to the municipal clerk if the municipality is preparing
6ballots under s. 7.15 (2), but not later than 3 weeks before any election relating to a
7state or national office or statewide referendum, the county or municipal clerk
8preparing the ballots shall submit one copy of each ballot to the board division for
9review of possible errors. If the contractor preparing the ballots supplies proofs in
10advance of ballot preparation, the clerk shall submit one copy of the proofs in lieu of
11actual ballots. If a voting machine ballot or other ballot combining local candidates
12or referenda with state or national candidates or referenda is used, the entire ballot
13shall be submitted, but if ballots intended for distribution to electors are used, only
14those ballots relating to state or national offices and statewide referenda need be
15submitted. This subsection does not require delay of ballot distribution or mailing
16of absentee ballots.
AB126,25,21 17(2) The board division shall review ballots and proof copies submitted under
18sub. (1) and shall notify the county and municipal clerk of any error as soon as
19possible but in no event later than 7 days after submission. The clerk is not required
20to correct a ballot error upon receipt of notice of the error, unless ordered to do so
21under sub. (3) or s. 5.06 (6).
AB126,26,2 22(3) Whenever an affidavit is filed by the board division or any elector alleging
23an error or omission in the preparation of a ballot, the circuit court for the county
24where the ballot is proposed to be used or its presiding judge, by order, may

1summarily require a county or municipal clerk to correct the error, or show cause why
2it should not be corrected and, by order, after the hearing, have the correction made.
AB126, s. 34 3Section 34. 5.83 of the statutes is amended to read:
AB126,26,10 45.83 Preparation for use of voting devices; comparison of ballots.
5Where voting devices are used at a polling place, the municipal clerk shall cause the
6voting devices to be put in order, set, adjusted and made ready for voting when
7delivered to the polling place. Before the opening of the polls the inspectors shall
8compare the ballots used in the voting devices with the sample ballots furnished and
9see that the names, numbers and letters thereon agree and shall certify thereto on
10forms provided by the board division.
AB126, s. 35 11Section 35. 5.87 (2) of the statutes is amended to read:
AB126,26,1612 5.87 (2) The board division shall, by rule, prescribe uniform standards for
13determining the validity of votes cast or attempted to be cast with each electronic
14voting system approved for use in this state under s. 5.91. The rules shall apply only
15to situations that may arise in which the validity of a vote or attempted vote cast by
16an elector utilizing a particular system cannot be determined under s. 7.50.
AB126, s. 36 17Section 36. 5.905 (2), (3) and (4) of the statutes are amended to read:
AB126,27,318 5.905 (2) The board division shall determine which software components of an
19electronic voting system it considers to be necessary to enable review and verification
20of the accuracy of the automatic tabulating equipment used to record and tally the
21votes cast with the system. The board division shall require each vendor of an
22electronic voting system that is approved under s. 5.91 to place those software
23components in escrow with the board division within 90 days of the date of approval
24of the system and within 10 days of the date of any subsequent change in the
25components. The board division shall secure and maintain those software

1components in strict confidence except as authorized in this section. Unless
2authorized under this section, the board division shall withhold access to those
3software components from any person who requests access under s. 19.35 (1).
AB126,27,8 4(3) The board division shall promulgate rules to ensure the security, review and
5verification of software components used with each electronic voting system
6approved by the board division. The verification procedure shall include a
7determination that the software components correspond to the instructions actually
8used by the system to count votes.
AB126,27,18 9(4) If a valid petition for a recount is filed under s. 9.01 in an election at which
10an electronic voting system was used to record and tally the votes cast, each party
11to the recount may designate one or more persons who are authorized to receive
12access to the software components that were used to record and tally the votes in the
13election. The board division shall grant access to the software components to each
14designated person if, before receiving access, the person enters into a written
15agreement with the board division that obligates the person to exercise the highest
16degree of reasonable care to maintain the confidentially of all proprietary
17information to which the person is provided access, unless otherwise permitted in a
18contract entered into under sub. (5).
Loading...
Loading...