LRB-0495/1
BEM:cjs:pg
2007 - 2008 LEGISLATURE
November 2, 2007 - Introduced by Law Revision Committee. Referred to
Committee on Ethics Reform and Government Operations.
SB300,1,5 1An Act relating to: repealing, consolidating, renumbering, amending, and
2revising various provisions of the statutes for the purpose of correcting errors,
3supplying omissions, correcting and clarifying references, eliminating defects,
4anachronisms, conflicts, ambiguities, and obsolete provisions, reconciling
5conflicts, and repelling unintended repeals (Revisor's Correction Bill).
Analysis by the Legislative Reference Bureau
This revisor's correction bill is explained in the Notes provided by the revisor
of statutes in the body of the bill. In accordance with current drafting style, commas
before the last item in a series are added throughout this bill. "Which" is replaced
by "that" where grammatically correct. This bill is not intended to make any
substantive changes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB300, s. 1 6Section 1. 5.90 (1) of the statutes, as affected by 2005 Wisconsin Act 451, is
7amended to read:
SB300,2,15
15.90 (1) Except as otherwise provided in this subchapter, recounts of votes cast
2on an electronic voting system shall be conducted in the manner prescribed in s. 9.01.
3Except as provided in sub. (2) and s. 9.01 (1) (b) 8s., if the ballots are distributed to
4the electors, the board of canvassers shall recount the ballots with automatic
5tabulating equipment. The board of canvassers shall test the automatic tabulating
6equipment to be used prior to the recount as provided in s. 5.84, and then the official
7ballots or the record of the votes cast shall be recounted on the automatic tabulating
8equipment. In addition, the board of canvassers shall check the ballots for the
9presence or absence of the initials and other distinguishing marks, shall examine the
10ballots marked "Rejected", "Defective" and "Objected to" to determine the propriety
11of such labels, and shall compare the "Duplicate Overvoted Ballots" and "Duplicate
12Damaged Ballots" with their respective originals to determine the correctness of the
13duplicates. If electronic voting machines are used, the board of canvassers shall
14perform the recount using the permanent paper record of the votes cast by each
15elector, as generated by the machines.
Note: Inserts missing "s."
SB300, s. 2 16Section 2. 6.29 (2) (am) of the statutes, as created by 2005 Wisconsin Act 451,
17is amended to read:
SB300,3,718 6.29 (2) (am) The board shall provide to each municipal clerk a list prepared
19for use at each municipal clerk's office showing the name and address of each person
20whose name appears on the list provided by the department of corrections under s.
21301.03 (20) (20m) as ineligible to vote on the date of the election, whose address is
22located in the municipality, and whose name does not appear on the registration list
23for that municipality. Prior to permitting an elector to register to vote under this
24subsection, the municipal clerk shall review the list. If the name of an elector who

1wishes to register to vote appears on the list, the municipal clerk shall inform the
2elector that the elector is ineligible to register to vote. If the elector maintains that
3he or she is eligible to vote in the election, the municipal clerk shall permit the elector
4to register to vote but shall mark the elector's registration form as "ineligible to vote
5per Department of Corrections." If the elector wishes to vote, the municipal clerk
6shall challenge the elector's ballot in the same manner as provided for inspectors who
7challenge ballots under s. 6.79 (2) (dm).
Note: Section 301.03 (20), as created by 2005 Wis. Act 451, is renumbered s. 301.03
(20m) by this bill.
SB300, s. 3 8Section 3. 6.33 (1) of the statutes, as affected by 2005 Wisconsin Act 451, is
9amended to read:
SB300,4,1510 6.33 (1) The board shall prescribe the format, size, and shape of registration
11forms. All forms shall be printed on cards and each item of information shall be of
12uniform font size, as prescribed by the board. The municipal clerk shall supply
13sufficient form forms to meet voter registration needs. The forms shall be designed
14to obtain from each applicant information as to name; date; residence location;
15citizenship; date of birth; age; the number of a valid operator's license issued to the
16elector under ch. 343 or the last 4 digits of the elector's social security account
17number; whether the applicant has resided within the ward or election district for
18at least 10 days; whether the applicant has been convicted of a felony for which he
19or she has not been pardoned, and if so, whether the applicant is incarcerated, or on
20parole, probation, or extended supervision; whether the applicant is disqualified on
21any other ground from voting; and whether the applicant is currently registered to
22vote at any other location. The form shall include a space for the applicant's
23signature and the signature of any corroborating elector. The form shall include a

1space to enter the name of any special registration deputy under s. 6.26 or 6.55 (6)
2or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form
3and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name,
4affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form.
5The form shall include a space for entry of the ward and aldermanic district, if any,
6where the elector resides and any other information required to determine the offices
7and referenda for which the elector is certified to vote. The form shall also include
8a space where the clerk may record an indication of whether the form is received by
9mail, a space where the clerk may record an indication of the type of identifying
10document submitted by the elector as proof of residence under s. 6.34, whenever
11required, and a space where the clerk, for any applicant who possesses a valid voting
12identification card issued to the person under s. 6.47 (3), may record the
13identification serial number appearing on the voting identification card. Each
14county clerk shall obtain sufficient registration forms for completion by an elector
15who desires to register to vote at the office of the county clerk under s. 6.28 (4).
Note: Replaces the singular with the plural to correct grammar.
SB300, s. 4 16Section 4. 6.36 (1) (a) of the statutes, as affected by 2005 Wisconsin Act 451,
17is amended to read:
SB300,5,918 6.36 (1) (a) The board shall compile and maintain electronically an official
19registration list. The list shall contain the name and address of each registered
20elector in the state, the date of birth of the elector, the ward and aldermanic district
21of the elector, if any, and, for each elector, a unique registration identification number
22assigned by the board, the number of a valid operator's license issued to the elector
23under ch. 343, if any, or the last 4 digits of the elector's social security account
24number, if any, any identification serial number issued to the elector under s. 6.47

1(3), the date of any election in which the elector votes, an indication of whether the
2elector is a military elector, as defined in sub. (2) (c), who has so certified under s.
36.865 (3m), an indication of whether the elector is an overseas elector, as defined in
4s. 6.24 (1), any information relating to the elector that appears on the current list
5transmitted to the board by the department of corrections under s. 301.03 (20) (20m),
6an indication of any accommodation required under s. 5.25 (4) (a) to permit voting
7by the elector, an indication of the method by which the elector's registration form
8was received, and such other information as may be determined by the board to
9facilitate administration of elector registration requirements.
Note: Section 301.03 (20), as created by 2005 Wis. Act 451, is renumbered s. 301.03
(20m) by this bill.
SB300, s. 5 10Section 5. 6.55 (2) (cs) of the statutes, as created by 2005 Wisconsin Act 451,
11is amended to read:
SB300,6,312 6.55 (2) (cs) The board shall provide to each municipal clerk a list prepared for
13use at each polling place showing the name and address of each person whose name
14appears on the list provided by the department of corrections under s. 301.03 (20)
15(20m) as ineligible to vote on the date of the election, whose address is located in the
16area served by that polling place, and whose name does not appear on the poll list
17for that polling place. Prior to permitting an elector to register to vote under this
18subsection or s. 6.86 (3) (a) 2., the inspectors or special registration deputies shall
19review the list. If the name of an elector who wishes to register to vote appears on
20the list, the inspectors or special registration deputies shall inform the elector or the
21elector's agent that the elector is ineligible to register to vote. If the elector or the
22elector's agent maintains that the elector is eligible to vote in the election, the
23inspectors or special registration deputies shall permit the elector to register but

1shall mark the elector's registration form as "ineligible to vote per Department of
2Corrections." If the elector wishes to vote, the inspectors shall require the elector to
3vote by ballot and shall challenge the ballot as provided in s. 6.79 (2) (dm).
Note: Section 301.03 (20), as created by 2005 Wis. Act 451, is renumbered s. 301.03
(20m) by this bill.
SB300, s. 6 4Section 6. 6.79 (2) (d) of the statutes, as affected by 2005 Wisconsin Act 451,
5is amended to read:
SB300,6,126 6.79 (2) (d) The If the poll list indicates that proof of residence under s. 6.34 is
7required, the officials shall require the elector to provide proof of residence. If proof
8of residence is provided, the officials shall verify that the name and address on the
9identification document submitted as proof of residence provided is the same as the
10name and address shown on the registration list. If proof of residence is required and
11not provided, the officials shall offer the opportunity for the elector to vote under s.
126.97.
Note: "If" was deleted by 2005 Wis. Act 451 without being shown as stricken. No
change was intended.
SB300, s. 7 13Section 7. 6.79 (2) (dm) of the statutes, as created by 2005 Wisconsin Act 451,
14is amended to read:
SB300,6,2115 6.79 (2) (dm) If the poll list indicates that the elector is ineligible to vote because
16the elector's name appears on the current list provided by the department of
17corrections under s. 301.03 (20) (20m), the inspectors shall inform the elector of this
18fact. If the elector maintains that he or she is eligible to vote in the election, the
19inspectors shall provide the elector with a ballot and, after the elector casts his or her
20vote, shall challenge the ballot as provided in s. 6.92 and treat the ballot in the
21manner provided in s. 6.95.
Note: Section 301.03 (20), as created by 2005 Wis. Act 451, is renumbered s. 301.03
(20m) by this bill.
SB300, s. 8
1Section 8. The treatment of 6.875 (4) of the statutes by 2005 Wisconsin Act 149
2is not repealed by 2005 Wisconsin Act 451. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 6.875 (4) reads:
(4) (a) For the purpose of absentee voting in nursing homes and qualified
retirement homes and qualified community-based residential facilities, the municipal
clerk or board of election commissioners of each municipality in which one or more
nursing homes or qualified retirement homes or qualified community-based residential
facilities are located shall appoint at least 2 special voting deputies for the municipality.
Upon application under s. 6.86 (1), (2), or (2m) by one or more qualified electors who are
occupants of a nursing home or qualified retirement home or qualified community-based
residential facility, the municipal clerk or board of election commissioners of the
municipality in which the home or facility is located shall dispatch 2 special voting
deputies to visit the home or qualified community-based residential facility for the
purpose of supervising absentee voting procedure by occupants of the home or qualified
community-based residential facility. The clerk shall maintain a list, available to the
public upon request, of each nursing home or qualified retirement home or qualified
community-based residential facility where an elector has requested an absentee ballot.
The list shall include the date and time the deputies intend to visit each home or facility.
The 2 deputies designated to visit each nursing home or qualified retirement home and
qualified community-based residential facility shall be affiliated with different political
parties whenever deputies representing different parties are available.
(b) Nominations for the special voting deputy positions described in par. (a) may
be submitted by the 2 recognized political parties whose candidates for governor or
president received the greatest numbers of votes in the municipality at the most recent
general election. The deputies shall be specially appointed to carry out the duties under
par. (a) for the period specified in s. 7.30 (6) (a). The clerk or board of election
commissioners may revoke an appointment at any time. No individual who is employed
or retained, or within the 2 years preceding appointment has been employed or retained,
at a nursing home or qualified retirement home or qualified community-based
residential facility in the municipality, or any member of the individual's immediate
family, as defined in s. 19.42 (7), may be appointed to serve as a deputy.
SB300, s. 9 3Section 9. The treatment of 6.875 (6) (a) of the statutes by 2005 Wisconsin Act
4149
, section 24, is not repealed by 2005 Wisconsin Act 451, section 86. Both
5treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 6.875 (6) (a)
reads:
(a) Special voting deputies in each municipality shall, not later than 5 p.m. on the
Friday preceding an election, arrange one or more convenient times with the
administrator of each nursing home, qualified retirement home, and qualified
community-based residential facility in the municipality from which one or more
occupants have filed an application under s. 6.86 to conduct absentee voting for the
election. The time may be no earlier than the 4th Monday preceding the election and no
later than 5 p.m. on the Monday preceding the election. The municipal clerk shall post
a notice at the home or facility indicating the date and time that absentee voting will take
place at that home or facility. The notice shall be posted as soon as practicable after
arranging the visit but in no case less than 24 hours before the visit. At the designated
time, 2 deputies appointed under sub. (4) shall visit the home or facility.
SB300, s. 10
1Section 10. 6.875 (6) (b) of the statutes, as affected by 2005 Wisconsin Act 149,
2section 24, and 2005 Wisconsin Act 451, section 86, is amended to read:
SB300,8,113 6.875 (6) (b) The municipal clerk or executive director of the board of election
4commissioners shall issue a supply of absentee ballots to the deputies sufficient to
5provide for the number of valid applications for an absentee ballot received by the
6clerk, and a reasonable additional number of ballots. The deputies may exercise the
7authority granted to the chief inspector under s. 7.41 to regulate the conduct of
8observers for. For purposes of the application of s. 7.41, the home or facility shall be
9treated as a polling place. The municipal clerk or executive director shall keep a
10careful record of all ballots issued to the deputies and shall require the deputies to
11return every ballot issued to them.
Note: Corrects punctuation error that results in an incomplete sentence. Drafting
records for 2005 Wis. Act 451 show that 2 sentences were intended.
SB300, s. 11 12Section 11. The treatment of 7.08 (1) (c) of the statutes by 2005 Wisconsin Act
13278
is not repealed by 2005 Wisconsin Act 451. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 7.08 (1) (c)
reads:
(c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1), 6.40 (1) (a),
6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms shall contain a
statement of the penalty applicable to false or fraudulent registration or voting through
use of the form. Forms are not required to be furnished by the board.
SB300, s. 12 14Section 12. The treatment of 7.30 (4) (b) (intro.) of the statutes by 2005
15Wisconsin Act 149
is not repealed by 2005 Wisconsin Act 451. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 7.30 (4) (b)
(intro.) reads:
(b) The 2 dominant parties, under sub. (2), are each responsible for submitting a
list of names from which all appointees to inspector positions, other than appointees to
inspector positions authorized under sub. (1) (b), shall be chosen as follows:
SB300, s. 13 16Section 13. The treatment of 7.30 (4) (b) 2. of the statutes by 2005 Wisconsin
17Act 149
is not repealed by 2005 Wisconsin Act 451. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 7.30 (4) (b) 2.
reads:
2. a. In municipalities other than cities and villages located in counties having a
population of more than 500,000, the committees organized under s. 8.17 from each of the
2 dominant parties under sub. (2) shall submit a list containing at least as many names
as there are needed appointees from that party. The list shall be submitted by the
chairperson of each of the 2 committees to the mayor, president, or chairperson of the
municipality. If committees are organized in subdivisions of a city, the list shall be
submitted through the chairperson of the city committee. If there is no municipal
committee, the list shall be submitted by the chairperson of the county or legislative
district committee. Except as provided in par. (c), only those persons submitted by the
chairperson of each committee under s. 8.17 may act as election officials. The chairperson
may designate any individual whose name is submitted as a first choice nominee. The
list shall contain the signature of the chairperson and secretary of the submitting
committee.
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