2013 WISCONSIN ACT
147
An Act
to amend
7.30 (2) (a) and (b), 7.30 (4) (b) 1., 7.30 (4) (b) 2. and 7.30 (4) (c) of the statutes;
relating to:
residency of election officials.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
7.30 (2) (a) and (b) of the statutes are amended to read:
7.30
(2)
(a) Only election officials appointed under this section or s. 6.875 may conduct an election. Except as otherwise provided in this paragraph and in ss. 7.15 (1) (k) and 7.52 (1) (b), each election official shall be a qualified elector of
the ward or wards, or the election district, for
a county in
which the
polling place is established. A special registration deputy who is appointed under s. 6.55 (6) or an election official who is appointed under this section to fill a vacancy under par. (b) need not be a resident of the ward or wards, or the election district, but shall be a resident of the
municipality
, except that if
where the official serves is located, and each chief inspector shall be a qualified elector of the municipality in which the chief inspector serves. If no qualified candidate for chief inspector is available or if the chief inspector is appointed to fill a vacancy under par. (b), the person so appointed need not be a qualified elector of the municipality. If
a municipal clerk or deputy clerk serves as a registration deputy or is appointed to fill a vacancy under par. (b), the clerk or deputy clerk need not be a resident of the
municipality
county
, but shall be a resident of the state. No more than 2 individuals holding the office of clerk or deputy clerk may serve without regard to
municipal
county
residency in any municipality at any election. Special registration deputies who are appointed under s. 6.55 (6) may be appointed to serve more than one polling place. All officials appointed under this section shall be able to read and write the English language, be capable, and be of good understanding, and may not be a candidate for any office to be voted for at an election at which they serve. In 1st class cities, they may hold no public office other than notary public. Except as authorized under subs. (1) (b) and (4) (c), all inspectors shall be affiliated with one of the 2 recognized political parties which received the largest number of votes for president, or governor in nonpresidential general election years, in the ward or combination of wards served by the polling place at the last election. Excluding the inspector who may be appointed under sub. (1) (b), the party which received the largest number of votes is entitled to one more inspector than the party receiving the next largest number of votes at each polling place.
Election officials appointed under this section may serve the electors of more than one ward where wards are combined under s. 5.15 (6) (b). If a municipality is not divided into wards, the ward requirements in this paragraph apply to the municipality at large.
(b) When a vacancy occurs in an office under this section, the vacancy shall be filled by appointment of the municipal clerk. Unless the vacancy occurs in the position of an inspector appointed under sub. (1) (b), the vacancy shall be filled from the remaining names on the lists submitted under sub. (4) or from additional names submitted by the chairperson of the county party committee of the appropriate party under sub. (4) whenever names are submitted under sub. (4) (d). If the vacancy is due to candidacy, sickness or any other temporary cause, the appointment shall be a temporary appointment and effective only for the election at which the temporary vacancy occurs. The same qualifications that applied to original appointees shall be required of persons who fill vacancies except that
a vacancy may be filled in cases of emergency or because of time limitations by a person who resides in another aldermanic district or ward within the municipality, and
if a municipal clerk or deputy clerk fills the vacancy, the clerk or deputy, but not more than a total of 2 individuals in any municipality, may serve without regard to the clerk's or deputy's
municipality
county
of residence, if the clerk or deputy meets the other qualifications.
Section
1g
.
7.30 (4) (b) 1. of the statutes is amended to read:
7.30
(4)
(b) 1. In cities where there is a board of election commissioners,
the
aldermanic district committeemen or committeewomen
the county committee
under s. 8.17 of each of the 2
dominant
recognized political parties
described under sub. (2)
shall submit a certified list no later than November 30 of each odd-numbered year containing the names of
at least as many
nominees
as there are inspectors
from that party for each of the voting wards in the aldermanic district. For inspectors serving under s. 7.52 (1) (b), the
aldermanic district committeemen and committeewomen
county committees
under s. 8.17 of the 2
dominant
recognized political parties
described under sub. (2)
shall
jointly
submit a certified list
of nominees
containing
at least twice as many
the names of
nominees
as there are inspectors
from that party who are to be appointed under s. 7.52 (1) (b). The chairperson may designate any individual whose name is submitted as a first choice nominee.
The chairperson shall sign any list submitted under this subdivision.
The board of election commissioners shall appoint, no later than December 31 of odd-numbered years, at least 5 inspectors for each ward.
The
Unless nonappointment is authorized under par. (e), the
board of election commissioners shall appoint all first choice nominees for so long as positions are available
, unless nonappointment is authorized under par. (e), and
. The board of election commissioners
shall appoint other individuals in its discretion
. The board of election commissioners
and
may designate such alternates as it deems advisable.
Section
1k
.
7.30 (4) (b) 2. of the statutes is amended to read:
7.30
(4)
(b) 2. a. In
municipalities
a municipality
other than
cities and villages
a city or village
located in
counties
a county
having a population of more than 500,000, the committees organized under s. 8.17
from
for
each of the 2
dominant
recognized political
parties
described
under sub. (2) shall submit a list containing
at least as many
the
names
as there are needed appointees
of nominees
from that party. The
list shall be submitted by the
chairperson of each of the 2 committees
shall submit the list
to the mayor, president,
or
chairperson
, or clerk
of the municipality
, or to his or her agent, or shall deliver or mail the list to the office of the municipality. If the chairperson submits the list to the municipal clerk or his or her agent, the clerk shall immediately forward the list 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
shall submit the list
. If there is no municipal committee,
the list shall be submitted by
the chairperson of the county or legislative district committee
shall submit the list
. 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
of each committee under s. 8.17
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
shall sign the list
.
b. In
cities
a city
or
villages
village
located in
counties
a county
having a population of more than 500,000, other than
cities
a city
where there is a board of election commissioners,
the
if there is an
aldermanic district or village
committeeman or committeewoman
member of a committee under s. 8.17
for the ward or wards where
each
a
polling place is located,
if there is one, or for
the committee member shall submit a list containing the names of nominees from the recognized political party, described under sub. (2), represented by the committee member. For
inspectors
serving
to be appointed
under s. 7.52 (1) (b), the
committeemen and committeewomen for the municipality acting jointly,
committee members of the committees under s. 8.17 for the 2 recognized political parties described under sub. (2) for the municipality acting jointly
shall submit a list containing
at least as many
the
names
as there are needed appointees for inspector positions
of nominees
from the party represented by the
committeeman or committeewoman or by the committeemen and committeewomen
committee members of the committees for the municipality
acting jointly.
For appointments of
Nominations for
inspectors
to be appointed
in
cities and villages
a city or village
where there is no aldermanic district or village
committeeman or committeewoman, nominations
committee member
shall proceed in the same manner as in
municipalities
a municipality
located in
counties
a county
having a population of 500,000 or less. The
list
appropriate committee member, committee members, or chairperson
shall
be submitted
submit the list
to the mayor
or
,
president
, or clerk of the municipality, or to his or her agent, or shall deliver or mail the list to the office of the municipality. If the list is submitted to the municipal clerk or his or her agent, the clerk shall immediately forward the list to the mayor or president
. Except as provided in par. (c), only those persons whose names are submitted as provided in this paragraph may act as election officials. The
committeeman or committeewoman
appropriate committee member, committee members, or chairperson
may designate any individual whose name is submitted as a first choice nominee. The
list shall contain the signature of the
aldermanic district or village
committeeman or committeewoman
committee member
or the chairperson of the appropriate committee
shall sign the list
.
c.
Upon
Unless nonappointment is authorized under par. (e), upon
submission of
each nominee's name
the lists of names as provided under subd. 2. a. or b.
, the governing body shall appoint each first choice nominee for so long as positions
to be filled from that list
are available
, unless nonappointment is authorized under par. (e), and
. The governing body
shall appoint other nominees in its discretion. If any nominee is not appointed, the mayor, president, or chairperson of the municipality shall immediately nominate another person from the appropriate lists submitted and continue until the necessary number of election officials from each party is achieved at that meeting.
Section
1m
.
7.30 (4) (c) of the statutes is amended to read:
7.30
(4)
(c) Except with respect to inspectors who are appointed under sub. (1) (b), for so long as nominees are made available by the political parties under this section, appointments may be made only from the lists of
submitted
nominees
submitted under this subsection
. If the lists are not submitted by November 30 of the year in which appointments are to be made, the board of election commissioners shall appoint, or the mayor, president or chairperson of a municipality shall nominate
,
qualified persons whose names have not been submitted.
The board of election commissioners shall give priority to appointing, and the mayor, president, or chairperson of the municipality shall give priority to nominating, qualified electors of the municipality for which no list of nominees was submitted. If an insufficient number of qualified electors of the municipality can be identified, the board of election commissioners may appoint, and the mayor, president, or chairperson of the municipality may nominate, qualified electors of a county within which the municipality is located.
If an insufficient number of nominees appears on the lists as of November 30, the board of election commissioners shall similarly appoint, or the mayor, president or chairperson shall similarly nominate
,
sufficient individuals to fill the remaining vacancies. In addition, the mayor, president, or board chairperson of the municipality shall similarly nominate qualified persons to serve in the inspector positions authorized under sub. (1) (b). Any appointment
under this paragraph
which is made due to the lack of availability of names submitted under par. (b) may be made without regard to party affiliation.
