AB201,12,128
6.86
(8) (a) No municipal or county clerk or municipal or county board of
9election commissioners, and no person acting on behalf of the commission, may send
10or transmit an absentee ballot application or an absentee ballot to an elector for
11voting in an election unless the elector applies for the application or ballot as
12provided by law.
AB201,12,1313
(b) Whoever violates par. (a) is guilty of a Class I felony.
AB201,14
14Section
14. 6.87 (1) of the statutes is amended to read:
AB201,13,215
6.87
(1) Upon proper request made within the period prescribed in s. 6.86, the
16municipal clerk or a deputy clerk authorized by the municipal clerk shall write on
17the official ballot, in the space for official endorsement, the clerk's initials
, which may
18not be preprinted or stamped, and official title. Unless application is made in person
19under s. 6.86 (1) (ar)
, the absent elector is exempted from providing proof of
20identification under sub. (4) (b) 2. or 3., or the applicant is a military
or overseas 21elector, the absent elector shall enclose a copy of his or her proof of identification or
22any authorized substitute document with his or her application. The municipal clerk
23shall verify that the name on the proof of identification conforms to the name on the
24application. The clerk shall not issue an absentee ballot to an elector who is required
1to enclose a copy of proof of identification or an authorized substitute document with
2his or her application unless the copy is enclosed and the proof is verified by the clerk.
AB201,15
3Section
15. 6.87 (2) of the statutes is amended to read:
AB201,13,164
6.87
(2) Except as authorized under sub. (3) (d), the municipal clerk shall place
5the ballot in an unsealed envelope furnished by the clerk. The envelope shall have
6the name, official title and post-office address of the clerk upon its face. The other
7side of the envelope shall have a printed certificate which shall include a space for
8the municipal clerk or deputy clerk to
enter
write his or her initials indicating that
9if the absentee elector voted in person under s. 6.86 (1) (ar), the elector presented
10proof of identification to the clerk and the clerk verified the proof presented. The
11certificate shall also include a space for the municipal clerk or deputy clerk to
enter 12write his or her initials indicating that the elector is exempt from providing proof of
13identification because the individual is a military elector
or an overseas elector who
14does not qualify as a resident of this state under s. 6.10 or is exempted from providing
15proof of identification under sub. (4) (b) 2. or 3. The certificate shall be in
16substantially the following form:
AB201,13,1717
[STATE OF ....
AB201,13,1818
County of ....]
AB201,13,2020
[(name of foreign country and city or other jurisdictional unit)]
AB201,14,821
I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false
22statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of
23the .... aldermanic district in the city of ...., residing at ....* in said city, the county
24of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at
25the election to be held on ....; that I am not voting at any other location in this election;
1that I am unable or unwilling to appear at the polling place in the (ward) (election
2district) on election day or have changed my residence within the state from one ward
3or election district to another later than 28 days before the election. I certify that I
4exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her)
5presence and in the presence of no other person marked the ballot and enclosed and
6sealed the same in this envelope in such a manner that no one but myself and any
7person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance,
8could know how I voted.
AB201,14,1010
Identification serial number, if any: ....
AB201,14,1111
The witness shall execute the following:
AB201,14,1712
I, the undersigned witness, subject to the penalties of s. 12.60 (1) (b), Wis.
13Stats., for false statements, certify that I am an adult U.S. citizen** and that the
14above statements are true and the voting procedure was executed as there stated.
15I am not a candidate for any office on the enclosed ballot (except in the case of an
16incumbent municipal clerk). I did not solicit or advise the elector to vote for or against
17any candidate or measure.
AB201,14,1818
....(Printed name)
AB201,14,1919
....(Address)***
AB201,14,2020
Signed ....
AB201,14,2221
* — An elector who provides an identification serial number issued under s.
226.47 (3), Wis. Stats., need not provide a street address.
AB201,15,223
** — An individual who serves as a witness for a military elector or an overseas
24elector voting absentee, regardless of whether the elector qualifies as a resident of
1Wisconsin under s. 6.10, Wis. Stats., need not be a U.S. citizen but must be 18 years
2of age or older.
AB201,15,43
*** — If this form is executed before 2 special voting deputies under s. 6.875 (6),
4Wis. Stats., both deputies shall witness and sign.
AB201,16
5Section
16. 6.87 (4) (b) 1. of the statutes is amended to read:
AB201,16,116
6.87
(4) (b) 1. Except as otherwise provided in s. 6.875, an elector voting
7absentee, other than a military elector or an overseas elector, shall make and
8subscribe to the certification before one witness who is an adult U.S. citizen. A
9military elector or an overseas elector voting absentee, regardless of whether the
10elector qualifies as a resident of this state under s. 6.10, shall make and subscribe
11to the certification before one witness who is an adult but who need not be a U.S.
12citizen. The absent elector, in the presence of the witness, shall mark the ballot in
13a manner that will not disclose how the elector's vote is cast. The elector shall then,
14still in the presence of the witness, fold the ballots so each is separate and so that the
15elector conceals the markings thereon and deposit them in the proper envelope. If
16a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that
17the elector conceals the markings thereon and deposit the ballot in the proper
18envelope. If proof of residence under s. 6.34 is required and the document enclosed
19by the elector under this subdivision does not constitute proof of residence under s.
206.34, the elector shall also enclose proof of residence under s. 6.34 in the envelope.
21Except as provided in s. 6.34 (2m), proof of residence is required if the elector is not
22a military elector or an overseas elector and the elector registered by mail or by
23electronic application and has not voted in an election in this state. If the elector
24requested a ballot by means of facsimile transmission or electronic mail under s. 6.86
25(1) (ac), the elector shall enclose in the envelope a copy of the request which bears an
1original
written signature of the elector. The elector may receive assistance under
2sub. (5). The return envelope shall then be sealed. The witness may not be a
3candidate. The envelope shall be mailed by the elector, or delivered in person, to the
4municipal clerk issuing the ballot or ballots. If the envelope is mailed from a location
5outside the United States, the elector shall affix sufficient postage unless the ballot
6qualifies for delivery free of postage under federal law. Failure to return an unused
7ballot in a primary does not invalidate the ballot on which the elector's votes are cast.
8Return of more than one marked ballot in a primary or return of a ballot prepared
9under s. 5.655 or a ballot used with an electronic voting system in a primary which
10is marked for candidates of more than one party invalidates all votes cast by the
11elector for candidates in the primary.
AB201,17
12Section
17. 6.87 (4) (b) 2. of the statutes is repealed.
AB201,18
13Section
18. 6.87 (4) (b) 3. of the statutes is repealed.
AB201,19
14Section
19. 6.87 (4) (b) 5. of the statutes is amended to read:
AB201,16,2515
6.87
(4) (b) 5. Unless subd.
3. or 4. applies, if the absentee elector resides in a
16qualified retirement home, as defined in s. 6.875 (1) (at), or a residential care facility,
17as defined in s. 6.875 (1) (bm), and the municipal clerk or board of election
18commissioners of the municipality where the facility or home is located does not send
19special voting deputies to visit the facility or home at the election under s. 6.875, the
20elector may, in lieu of providing proof of identification, submit with his or her
21absentee ballot a statement signed by the same individual who witnesses voting of
22the ballot that contains the certification of an authorized representative of the
23facility or home that the elector resides in the facility or home and the facility or home
24is certified or registered as required by law, that contains the name and address of
25the elector, and that verifies that the name and address are correct.
AB201,20
1Section
20. 6.875 (3) (a) of the statutes is amended to read:
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6.875
(3) (a) An occupant of a qualified retirement home or residential care
3facility who qualifies as an absent elector and desires to receive an absentee ballot
4shall make application under s. 6.86 (1)
, or (2)
, or (2m) with the municipal clerk or
5board of election commissioners of the municipality in which the elector is a resident.
6Except as provided in sub. (4) (ar), the clerk or board of election commissioners of a
7municipality receiving an application from an elector who is an occupant of a
8qualified retirement home or residential care facility located in a different
9municipality shall, as soon as possible, notify and send an absentee ballot for the
10elector to the clerk or board of election commissioners of the municipality in which
11the home or facility is located. Except as provided in sub. (4) (ar), the clerk or board
12of election commissioners of a municipality receiving an application from an elector
13who is an occupant of a qualified retirement home or residential care facility located
14in the municipality but who is a resident of a different municipality shall, as soon as
15possible, notify and request an absentee ballot from the clerk or board of election
16commissioners of the municipality in which the elector is a resident. The clerk or
17board of election commissioners shall make a record of all absentee ballots to be sent,
18delivered, and voted under this section.
AB201,21
19Section
21. 6.875 (4) (a) of the statutes is amended to read:
AB201,18,1020
6.875
(4) (a) For the purpose of absentee voting in qualified retirement homes
21and residential care facilities, the municipal clerk or board of election commissioners
22of each municipality in which one or more qualified retirement homes or residential
23care facilities are located shall appoint at least 2 special voting deputies for the
24municipality. Except as provided in par. (am), upon application under s. 6.86 (1)
, or 25(2)
, or (2m) by one or more qualified electors who are occupants of a home or facility,
1the municipal clerk or board of election commissioners of the municipality in which
2the home or facility is located shall dispatch 2 special voting deputies to visit the
3home or facility for the purpose of supervising absentee voting procedure by
4occupants of the home or facility. The clerk or board of election commissioners shall
5maintain a list, available to the public upon request, of each home or facility where
6special voting deputies are dispatched. The list shall include the date and time the
7deputies intend to visit each home or facility. The 2 deputies designated to visit each
8qualified retirement home and residential care facility shall be affiliated with
9different political parties whenever deputies representing different parties are
10available.
AB201,22
11Section
22. 6.88 (4) of the statutes is created to read:
AB201,18,1912
6.88
(4) At least hourly while ballots are being canvassed, including under s.
137.52, the municipal clerk or his or her designee shall post, at his or her office and on
14the Internet at a site announced by the clerk before canvassing begins, a statement
15that shows as of the time of posting the number of absentee ballots that the clerk has
16mailed or transmitted to electors, the number of absentee ballots that have been
17returned to the clerk, the number of absentee ballots counted, and the number of
18absentee ballots remaining to be counted. The posting may not include the names
19or addresses of any electors.
AB201,23
20Section
23. 7.15 (1) (j) of the statutes is amended to read:
AB201,18,2421
7.15
(1) (j) Send an absentee ballot automatically to each
elector and send or
22transmit an absentee ballot to each military elector, as defined in s. 6.34 (1),
and each
23overseas elector making an authorized request therefor in accordance with s. 6.22
24(4)
, 6.24 (4), or 6.86 (2) or (2m).
AB201,24
25Section
24. 7.15 (1) (jj) of the statutes is created to read:
AB201,19,2
17.15
(1) (jj) Send an absentee ballot application automatically to indefinitely
2confined electors subject to the requirements under s. 6.86 (2).
AB201,25
3Section
25
.
Initial applicability.
AB201,19,54
(1)
Electronic registrations. The treatment of s. 6.30 (5) first applies to
5electronic registrations initiated or updated on the effective date of this subsection.
AB201,26
6Section
26.
Effective dates. This act takes effect on the day after publication,
7except as follows:
AB201,19,98
(1)
Electronic registrations. The treatment of s. 6.30 (5) and
Section 25 (1)
9of this act take effect on the first day of the 4th month beginning after publication.