Amendment SA1-SB204

SENATE AMENDMENT 1, TO SENATE BILL 204

May 3, 2021 - Offered by Senator Stroebel.

SB204-SA1,1,1 At the locations indicated, amend the bill as follows:

SB204-SA1,1,3 1. Page 5, line 5: delete “or overseas elector," and substitute “or overseas elector, and except as authorized in s. 6.86 (2) (c),".

SB204-SA1,1,4 2. Page 6, line 23: delete that line.

SB204-SA1,1,5 3. Page 8, line 14: before “6.87 (4)" insert “6.86 (2) (c),".

SB204-SA1,1,6 4. Page 8, line 14: delete “5. and" and substitute “ 5., and".

SB204-SA1,1,8 5. Page 8, line 17: delete “an overseas elector or" and substitute “ an overseas elector or".

SB204-SA1,1,10 6. Page 11, line 5: delete the material beginning with that line and ending with “possible." on page 12, line 5, and substitute:

SB204-SA1,1,11 “ Section 9g. 6.86 (2) of the statutes is repealed and recreated to read:

SB204-SA1,2,8 6.86 (2) (a) The municipal clerk shall send an absentee ballot automatically to an elector who is 65 years of age or older for every election held within 60 months of the date the elector files a statement with the municipal clerk affirming that the elector is indefinitely confined because of his or her age or physical illness or infirmity or is disabled for an indefinite period. The existence anywhere in this state of a public health emergency, as defined in s. 323.02 (16), a disaster, as defined in s. 323.02 (6), or an epidemic of a communicable disease does not qualify an elector as indefinitely confined under this paragraph.

SB204-SA1,2,11 (b) The municipal clerk shall send an absentee ballot automatically to an elector who is under 65 years of age for every election held within 24 months of the date the elector files with the municipal clerk all of the following:

SB204-SA1,2,17 1. A statement from the elector affirming that he or she is indefinitely confined because of his or her physical illness or infirmity or because he or she is disabled for an indefinite period. The existence anywhere in this state of a public health emergency, as defined in s. 323.02 (16), a disaster, as defined in s. 323.02 (6), or an epidemic of a communicable disease does not qualify an elector as indefinitely confined under this subdivision.

SB204-SA1,2,21 2. A statement from another U.S. citizen who is 18 years of age or older that contains the citizen's name and address and affirms that the elector is indefinitely confined because of the elector's physical illness or infirmity or because the elector is disabled for an indefinite period.

SB204-SA1,3,3 (c) Every absentee ballot returned under this subsection shall be accompanied by a copy of the elector's proof of identification, except that if an elector does not possess proof of identification, the elector shall submit with his or her absentee ballot a sworn written statement signed by both the elector and the same individual who witnessed the voting of the ballot affirming the identity of the elector. Any ballot returned under this subsection without a copy of the elector's proof of identification or the signed sworn statement affirming the elector's identity shall not be counted.

SB204-SA1,3,9 (d) The commission shall prescribe the application forms and instructions for use under pars. (a) and (b), and each municipal clerk shall provide the form and instructions, upon request, to any elector. The forms for use under this subsection, including the application for indefinitely confined voting status and sworn statement attesting to the elector's identify, shall be unique to the procedures under this subsection.

SB204-SA1,3,11 (e) Any absentee ballot mailed under this subsection shall be clearly marked as not forwardable.

SB204-SA1,3,14 (f) An elector who is no longer indefinitely confined because of age, illness, infirmity, or disability shall immediately notify the clerk of the municipality where the elector resides.

SB204-SA1,3,18 (g) The municipal clerk shall maintain a list of the electors of the municipality who are indefinitely confined for purposes of this subsection. The clerk shall remove the name of an elector from the list, cease sending absentee ballots to the elector, and notify the elector of his or her removal from the list, if any of the following applies:

SB204-SA1,3,20 1. The elector notifies the clerk that the elector is no longer indefinitely confined as provided under par. (a) or (b).

SB204-SA1,3,25 2. The elector fails to cast and return an absentee ballot received under this subsection for any election and fails to renew the application for indefinitely confined voting status under par. (a) or (b) within 30 days after receiving notification from the clerk that the clerk will remove the elector's name from the mailing list unless the elector renews the elector's application.

SB204-SA1,4,3 3. The clerk receives reliable information that the elector no longer qualifies as indefinitely confined under par. (a) or (b) and verifies the accuracy of that information.

SB204-SA1,4,4 4. The elector requests to be removed from the list.”.

SB204-SA1,4,5 7. Page 12, line 20: delete “or overseas" and substitute “or overseas".

SB204-SA1,4,7 8. Page 12, line 21: after “elector," insert “and except as authorized in s. 6.86 (2) (c),".

SB204-SA1,4,10 9. Page 13, line 13: delete the material beginning with “or" and ending with “6.10" on line 14 and substitute “or an overseas elector who does not qualify as a resident of this state under s. 6.10”.

SB204-SA1,4,11 10. Page 18, line 21: delete lines 21 to 24 and substitute:

SB204-SA1,4,15 “7.15 (1) (j) Send an absentee ballot automatically to each elector and send or transmit an absentee ballot to each military elector, as defined in s. 6.34 (1), and each overseas elector making an authorized request therefor in accordance with s. 6.22 (4), or 6.24 (4), or 6.86 (2) or (2m).”.

SB204-SA1,4,16 11. Page 19, line 2: after that line insert:

SB204-SA1,4,17 “ Section 24e. 12.13 (3) (ig) of the statutes is created to read:

SB204-SA1,4,18 12.13 (3) (ig) Do any of the following:

SB204-SA1,4,20 1. Falsely make any statement for the purpose of qualifying as indefinitely confined under s. 6.86 (2) (a) or (b).

SB204-SA1,4,22 2. Falsely make any statement affirming that another person is indefinitely confined for purposes of s. 6.86 (2) (a) or (b).

SB204-SA1,4,24 3. Intentionally use the procedures under s. 6.86 (2) to avoid providing valid proof of identification, as defined under s. 5.02 (16c), that the person possesses.

SB204-SA1,5,1 4. Falsely affirming another person's identity for purposes of s. 6.86 (2) (c).

SB204-SA1,24m Section 24m. 12.60 (1) (a) of the statutes is amended to read:

SB204-SA1,5,4 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (ig), (k), (L), (m), (y) or (z) is guilty of a Class I felony.

SB204-SA1,24s Section 24s. Nonstatutory provisions.

SB204-SA1,5,10 (1m) The elections commission shall facilitate the removal, no later than the first day of the 3rd month beginning after the effective date of this subsection, from the mailing list maintained under s. 6.86 (2), 2019 stats., of each elector who applied for automatic receipt of absentee ballots under s. 6.86 (2) (a), 2019 stats., during the period beginning on March 12, 2020, and ending on November 3, 2020.

SB204-SA1,5,14 (2m) No elector who under sub. (1m) is removed from the mailing list under s. 6.86 (2), 2019 stats., may receive an absentee ballot under that subsection unless the elector reapplies for automatic receipt of absentee ballots as provided under this act.”.

SB204-SA1,5,15 (End)