LRB-0121/1
JTK:eev:rs
2013 - 2014 LEGISLATURE
August 21, 2013 - Introduced by Senators Lazich,
Leibham, Vukmir, Grothman and
Darling, cosponsored by Representatives Bernier,
T. Larson, Sanfelippo,
Tittl, Murphy and Pridemore. Referred to Elections and Urban Affairs.
SB263,1,2
1An Act to amend 9.01 (1) (b) (intro.) and 9.01 (1) (b) 1. of the statutes;
relating
2to: challenging an elector's registration during recount proceedings.
Analysis by the Legislative Reference Bureau
Currently, any person may object to the validity of an elector's registration by
filing an objection with the municipal clerk or board of election commissioners before
election day or with the inspectors at a polling place on election day. If a challenge
is made to an elector's registration on election day, the elector's ballot is marked for
review of the challenge during any recount that may be held. Currently, during the
recount of an election, the board of canvassers conducting the recount compares the
number of voted ballots to the number of voting electors as indicated on the poll lists
or supplemental lists. If, after certain other defective ballots are set aside, the
number of voted ballots still exceeds the number of voting electors, the board draws
down, at random, a number of voted ballots equal to the excess number before
recounting the voted ballots and these ballots are not counted during the recount.
This bill provides that, in determining the number of voting electors, the board
of canvassers must hear and decide any objection to the validity of the registration
of an elector who registered on election day. Under the bill, if the board of canvassers
determines that the registration of an elector who registered on election day is
invalid, the board reduces the number of voting electors by one in performing the
drawdown of voted ballots, whenever a drawdown is required.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB263,1
1Section
1. 9.01 (1) (b) (intro.) of the statutes is amended to read:
SB263,2,102
9.01
(1) (b) (intro.) The proper board of canvassers shall reconvene no earlier
3than 9 a.m. on the day following delivery of notice to all candidates under sub. (2) and
4no later than 9 a.m. on the day following the last day for filing of a petition.
The
5municipal clerk shall provide the board of canvassers with all ballots, registrations
6under s. 6.55 (2), and other voting materials relating to the election except
7information to which access is restricted under s. 6.36 (1) (b). The board of canvassers
8shall then proceed to recount the ballots in the wards or municipalities specified and
9to review the allegations of fact contained in the petition or petitions. The recount
10shall proceed for each ward or municipality as follows:
SB263,2
11Section
2. 9.01 (1) (b) 1. of the statutes is amended to read:
SB263,2,1712
9.01
(1) (b) 1. The board of canvassers shall first compare the poll lists and
13determine the number of voting electors.
In determining the number of voting
14electors, the board of canvassers shall hear and decide any objection to the validity
15of a voting elector's registration under s. 6.55 (2). If the board of canvassers
16determines that the registration of the voting elector is invalid, the board of
17canvassers shall reduce the number of voting electors accordingly.
SB263,3
18Section
3.
Initial applicability.
SB263,2,2019
(1) This act first applies with respect to elections held after the effective date
20of this subsection.
