2013 Wisconsin Statutes & Annotations
7. Election officials; boards; selection and duties; canvassing.
7.515 Counting of certain absentee ballots received after election day.
7.515 Counting of certain absentee ballots received after election day.
(2) Each certificate envelope that is mailed to an absentee elector and each certificate envelope that is transmitted to a military or overseas elector under s. 6.87 (3) (d) under this section shall be clearly labeled as "Cast by an absentee elector under s. 7.515, Wis. Stats., and may be eligible to be counted after election day."
(3) A ballot that is cast by an absentee elector, that is received by mail from the U. S. postal service, and that is postmarked no later than election day shall be counted as provided in this section if it is received by a municipal clerk no later than 4 p.m. on the Friday after the election.
(4) For purposes of sub. (3), if a certificate envelope is not postmarked or has a postmark that is not legible to the board of canvassers, and the envelope was received by mail from the U.S. postal service in the manner and within the period prescribed in sub. (3), it is presumed that the envelope was placed in the mail on or before election day, unless established by a preponderance of the evidence to the contrary.
(5) No later than the closing hour of the polls on the day of each election, the municipal clerk of each municipality shall post at his or her office and on the Internet at a site announced by the clerk before the polls open, and shall make available to any person upon request, a statement of the number of absentee ballots that the clerk has mailed or transmitted to absentee electors under this section and that have not been returned to the polling places where the electors reside by the closing hour on election day. The posting shall not include the names or addresses of any absentee electors.
(6)
(a) Whenever the municipal clerk of any municipality receives an absentee ballot cast by an absentee elector under this section and the ballot is not received in sufficient time for delivery to the polling place serving the residence of the elector on election day but is received within the time specified in sub. (3), the clerk shall promptly provide written notice to the board of canvassers of each municipality, special purpose district, and county that is responsible for canvassing the election of the number of such ballots that have been received by the clerk in each ward or election district.
(b) Whenever a board of canvassers receives notification from a municipal clerk under par. (a), the board of canvassers shall meet no later than 9 a.m. on the Monday after the election. The board of canvassers shall proceed to open and record the names of the absentee electors whose ballots have been received. If the ballot cast by an absentee elector is otherwise valid, the board of canvassers shall count the ballot and adjust the statements, certifications, and determinations accordingly. If the municipal clerk transmits returns of the election to the county clerk, the municipal clerk shall transmit to the county clerk a copy of the amended returns together with all additional ballots and envelopes reviewed by the board of canvassers and with amended tally sheets.
History: 2005 a. 451; 2011 a. 75 ss. 20, 22, 23, 25 to 27; Stats. 2011 s. 7.515; 2011 a. 115.
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