SB204: Bill Text

SB204,6 Section 6 . 6.86 (1) (ar) of the statutes is renumbered 6.86 (1) (ar) 1. and amended to read:

SB204,9,4 6.86 (1) (ar) 1. Except as authorized in s. 6.875 (6), the municipal clerk shall not issue an absentee ballot unless the clerk receives a written application therefor from a qualified elector of the municipality a completed application in the form prescribed by the commission under par. (as) that contains the elector's original written signature, or, if application is made under par. (ac), that contains the elector's electronic signature or a copy of the elector's original written signature, or the signature of a person the elector authorizes to sign on the elector's behalf under par. (ag) or sub. (3) (a). The clerk shall retain each absentee ballot application until destruction is authorized under s. 7.23 (1). A municipal clerk issuing an absentee ballot contrary to this subdivision is guilty of a Class I felony.

SB204,9,12 2. Except as authorized in s. 6.79 (6) and (7), if a qualified elector applies for an absentee ballot in person at the clerk's office, the clerk shall not issue the elector an absentee ballot unless the elector presents proof of identification. The clerk shall verify that the name on the proof of identification presented by the elector conforms to the name on the elector's application and shall verify that any photograph appearing on that document reasonably resembles the elector. The clerk shall then enter his or her initials on the certificate envelope indicating that the absentee elector presented proof of identification to the clerk.

SB204,7 Section 7 . 6.86 (1) (as) of the statutes is created to read:

SB204,9,19 6.86 (1) (as) The absentee ballot application form and instructions shall be prescribed by the commission and shall be separate and distinct from the certificate envelope prescribed in s. 6.87 (2). The application shall require the elector to certify facts establishing that he or she is qualified to vote in the election at the municipality of his or her legal voting residence and shall include at least all of the following information:

SB204,9,20 1. The elector's municipality and county of residence.

SB204,9,22 2. The elector's name, date of birth, and contact information, including as applicable the elector's telephone number, fax number, and electronic mail address.

SB204,9,23 3. The street address of the elector's legal voting residence.

SB204,9,24 4. The election at which the elector intends to vote absentee.

SB204,9,25 5. Whether the elector is a military or overseas elector.

SB204,10,2 6. The elector's confidential identification serial number if the elector has obtained a confidential listing under s. 6.47 (2).

SB204,10,3 7. The lawful method by which the elector prefers to receive the absentee ballot.

SB204,10,4 8. Whether the elector is hospitalized for purposes of sub. (3).

SB204,8 Section 8. 6.86 (1) (b) of the statutes is amended to read:

SB204,11,4 6.86 (1) (b) Except as provided in this section, if application is made by mail, the application shall be received no later than 5 p.m. on the 5th day immediately preceding the election. If application is made in person, the application shall be made no earlier than 14 days preceding the election and no later than the Sunday preceding the election. No application may be received on a legal holiday. A municipality shall specify the hours in the notice under s. 10.01 (2) (e). The municipal clerk or an election official shall witness the certificate for any in-person absentee ballot cast. Except as provided in par. (c), if the elector is making written application for an absentee ballot at the partisan primary, the general election, the presidential preference primary, or a special election for national office, and the application indicates that the elector is a military elector, as defined in s. 6.34 (1), the application shall be received by the municipal clerk no later than 5 p.m. on election day. If the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then witness the voting procedure as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk as required in s. 6.88. If application is made under sub. (2) or (2m), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

SB204,9 Section 9. 6.86 (2) (a) of the statutes is amended to read:

SB204,11,13 6.86 (2) (a) An elector who is indefinitely confined because of age, physical illness, or infirmity or is disabled for an indefinite period may by signing a statement to that effect require that an absentee ballot application be sent to the elector automatically for every election. The application form and instructions shall be prescribed by the commission, and furnished upon request to any elector by each municipality. The envelope containing the absentee ballot shall be clearly marked as not forwardable. If any elector is no longer indefinitely confined, the elector shall so notify the municipal clerk.

SB204,10 Section 10. 6.86 (2) (am) of the statutes is created to read:

SB204,11,18 6.86 (2) (am) An elector who receives an absentee ballot application under this subsection may return it as provided under sub. (1) and shall enclose a copy of his or her proof of identification or any authorized substitute document with the application.

SB204,11 Section 11. 6.86 (2) (b) of the statutes is amended to read:

SB204,12,5 6.86 (2) (b) The mailing list established under this subsection shall be kept current through all possible means. If an elector fails to cast and return an absentee ballot received for any election for which the elector applies for and receives an absentee ballot application under this subsection, the clerk shall notify the elector by 1st class letter or postcard that his or her name will be removed from the mailing list unless the clerk receives a renewal of the application within 30 days of the notification. The clerk shall remove from the list the name of each elector who does not apply for renewal within the 30-day period. The clerk shall remove the name of any other elector from the list upon request of the elector or upon receipt of reliable information that an elector no longer qualifies for the service. The clerk shall notify the elector of such action not taken at the elector's request within 5 days, if possible.

SB204,12 Section 12. 6.86 (2m) of the statutes is repealed.

SB204,13 Section 13. 6.86 (8) of the statutes is created to read:

SB204,12,12 6.86 (8) (a) No municipal or county clerk or municipal or county board of election commissioners, and no person acting on behalf of the commission, may send or transmit an absentee ballot application or an absentee ballot to an elector for voting in an election unless the elector applies for the application or ballot as provided by law.

SB204,12,13 (b) Whoever violates par. (a) is guilty of a Class I felony.

SB204,14 Section 14. 6.87 (1) of the statutes is amended to read:

SB204,13,2 6.87 (1) Upon proper request made within the period prescribed in s. 6.86, the municipal clerk or a deputy clerk authorized by the municipal clerk shall write on the official ballot, in the space for official endorsement, the clerk's initials, which may not be preprinted or stamped, and official title. Unless application is made in person under s. 6.86 (1) (ar), the absent elector is exempted from providing proof of identification under sub. (4) (b) 2. or 3., or the applicant is a military or overseas elector, the absent elector shall enclose a copy of his or her proof of identification or any authorized substitute document with his or her application. The municipal clerk shall verify that the name on the proof of identification conforms to the name on the application. The clerk shall not issue an absentee ballot to an elector who is required to enclose a copy of proof of identification or an authorized substitute document with his or her application unless the copy is enclosed and the proof is verified by the clerk.

SB204,15 Section 15. 6.87 (2) of the statutes is amended to read:

SB204,13,16 6.87 (2) Except as authorized under sub. (3) (d), the municipal clerk shall place the ballot in an unsealed envelope furnished by the clerk. The envelope shall have the name, official title and post-office address of the clerk upon its face. The other side of the envelope shall have a printed certificate which shall include a space for the municipal clerk or deputy clerk to enter write his or her initials indicating that if the absentee elector voted in person under s. 6.86 (1) (ar), the elector presented proof of identification to the clerk and the clerk verified the proof presented. The certificate shall also include a space for the municipal clerk or deputy clerk to enter write his or her initials indicating that the elector is exempt from providing proof of identification because the individual is a military elector or an overseas elector who does not qualify as a resident of this state under s. 6.10 or is exempted from providing proof of identification under sub. (4) (b) 2. or 3. The certificate shall be in substantially the following form:

SB204,13,17 [STATE OF ....

SB204,13,18 County of ....]

SB204,13,19 or

SB204,13,20 [(name of foreign country and city or other jurisdictional unit)]

SB204,14,8 I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of the .... aldermanic district in the city of ...., residing at ....* in said city, the county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at the election to be held on ....; that I am not voting at any other location in this election; that I am unable or unwilling to appear at the polling place in the (ward) (election district) on election day or have changed my residence within the state from one ward or election district to another later than 28 days before the election. I certify that I exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her) presence and in the presence of no other person marked the ballot and enclosed and sealed the same in this envelope in such a manner that no one but myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could know how I voted.

SB204,14,9 Signed ....

SB204,14,10 Identification serial number, if any: ....

SB204,14,11 The witness shall execute the following:

SB204,14,17 I, the undersigned witness, subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, certify that I am an adult U.S. citizen** and that the above statements are true and the voting procedure was executed as there stated. I am not a candidate for any office on the enclosed ballot (except in the case of an incumbent municipal clerk). I did not solicit or advise the elector to vote for or against any candidate or measure.

SB204,14,18 ....(Printed name)

SB204,14,19 ....(Address)***

SB204,14,20 Signed ....

SB204,14,22 * — An elector who provides an identification serial number issued under s. 6.47 (3), Wis. Stats., need not provide a street address.

SB204,15,2 ** — An individual who serves as a witness for a military elector or an overseas elector voting absentee, regardless of whether the elector qualifies as a resident of Wisconsin under s. 6.10, Wis. Stats., need not be a U.S. citizen but must be 18 years of age or older.

SB204,15,4 *** — If this form is executed before 2 special voting deputies under s. 6.875 (6), Wis. Stats., both deputies shall witness and sign.

SB204,16 Section 16. 6.87 (4) (b) 1. of the statutes is amended to read:

SB204,16,11 6.87 (4) (b) 1. Except as otherwise provided in s. 6.875, an elector voting absentee, other than a military elector or an overseas elector, shall make and subscribe to the certification before one witness who is an adult U.S. citizen. A military elector or an overseas elector voting absentee, regardless of whether the elector qualifies as a resident of this state under s. 6.10, shall make and subscribe to the certification before one witness who is an adult but who need not be a U.S. citizen. The absent elector, in the presence of the witness, shall mark the ballot in a manner that will not disclose how the elector's vote is cast. The elector shall then, still in the presence of the witness, fold the ballots so each is separate and so that the elector conceals the markings thereon and deposit them in the proper envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that the elector conceals the markings thereon and deposit the ballot in the proper envelope. If proof of residence under s. 6.34 is required and the document enclosed by the elector under this subdivision does not constitute proof of residence under s. 6.34, the elector shall also enclose proof of residence under s. 6.34 in the envelope. Except as provided in s. 6.34 (2m), proof of residence is required if the elector is not a military elector or an overseas elector and the elector registered by mail or by electronic application and has not voted in an election in this state. If the elector requested a ballot by means of facsimile transmission or electronic mail under s. 6.86 (1) (ac), the elector shall enclose in the envelope a copy of the request which bears an original written signature of the elector. The elector may receive assistance under sub. (5). The return envelope shall then be sealed. The witness may not be a candidate. The envelope shall be mailed by the elector, or delivered in person, to the municipal clerk issuing the ballot or ballots. If the envelope is mailed from a location outside the United States, the elector shall affix sufficient postage unless the ballot qualifies for delivery free of postage under federal law. Failure to return an unused ballot in a primary does not invalidate the ballot on which the elector's votes are cast. Return of more than one marked ballot in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an electronic voting system in a primary which is marked for candidates of more than one party invalidates all votes cast by the elector for candidates in the primary.

SB204,17 Section 17. 6.87 (4) (b) 2. of the statutes is repealed.

SB204,18 Section 18. 6.87 (4) (b) 3. of the statutes is repealed.

SB204,19 Section 19. 6.87 (4) (b) 5. of the statutes is amended to read:

SB204,16,25 6.87 (4) (b) 5. Unless subd. 3. or 4. applies, if the absentee elector resides in a qualified retirement home, as defined in s. 6.875 (1) (at), or a residential care facility, as defined in s. 6.875 (1) (bm), and the municipal clerk or board of election commissioners of the municipality where the facility or home is located does not send special voting deputies to visit the facility or home at the election under s. 6.875, the elector may, in lieu of providing proof of identification, submit with his or her absentee ballot a statement signed by the same individual who witnesses voting of the ballot that contains the certification of an authorized representative of the facility or home that the elector resides in the facility or home and the facility or home is certified or registered as required by law, that contains the name and address of the elector, and that verifies that the name and address are correct.

SB204,20 Section 20. 6.875 (3) (a) of the statutes is amended to read:

SB204,17,18 6.875 (3) (a) An occupant of a qualified retirement home or residential care facility who qualifies as an absent elector and desires to receive an absentee ballot shall make application under s. 6.86 (1), or (2), or (2m) with the municipal clerk or board of election commissioners of the municipality in which the elector is a resident. Except as provided in sub. (4) (ar), the clerk or board of election commissioners of a municipality receiving an application from an elector who is an occupant of a qualified retirement home or residential care facility located in a different municipality shall, as soon as possible, notify and send an absentee ballot for the elector to the clerk or board of election commissioners of the municipality in which the home or facility is located. Except as provided in sub. (4) (ar), the clerk or board of election commissioners of a municipality receiving an application from an elector who is an occupant of a qualified retirement home or residential care facility located in the municipality but who is a resident of a different municipality shall, as soon as possible, notify and request an absentee ballot from the clerk or board of election commissioners of the municipality in which the elector is a resident. The clerk or board of election commissioners shall make a record of all absentee ballots to be sent, delivered, and voted under this section.

SB204,21 Section 21. 6.875 (4) (a) of the statutes is amended to read:

SB204,18,10 6.875 (4) (a) For the purpose of absentee voting in qualified retirement homes and residential care facilities, the municipal clerk or board of election commissioners of each municipality in which one or more qualified retirement homes or residential care facilities are located shall appoint at least 2 special voting deputies for the municipality. Except as provided in par. (am), upon application under s. 6.86 (1), or (2), or (2m) by one or more qualified electors who are occupants of a home or facility, the municipal clerk or board of election commissioners of the municipality in which the home or facility is located shall dispatch 2 special voting deputies to visit the home or facility for the purpose of supervising absentee voting procedure by occupants of the home or facility. The clerk or board of election commissioners shall maintain a list, available to the public upon request, of each home or facility where special voting deputies are dispatched. The list shall include the date and time the deputies intend to visit each home or facility. The 2 deputies designated to visit each qualified retirement home and residential care facility shall be affiliated with different political parties whenever deputies representing different parties are available.

SB204,22 Section 22. 6.88 (4) of the statutes is created to read:

SB204,18,19 6.88 (4) At least hourly while ballots are being canvassed, including under s. 7.52, the municipal clerk or his or her designee shall post, at his or her office and on the Internet at a site announced by the clerk before canvassing begins, a statement that shows as of the time of posting the number of absentee ballots that the clerk has mailed or transmitted to electors, the number of absentee ballots that have been returned to the clerk, the number of absentee ballots counted, and the number of absentee ballots remaining to be counted. The posting may not include the names or addresses of any electors.

SB204,23 Section 23. 7.15 (1) (j) of the statutes is amended to read:

SB204,18,24 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), 6.24 (4), or 6.86 (2) or (2m).

SB204,24 Section 24. 7.15 (1) (jj) of the statutes is created to read:

SB204,19,2 7.15 (1) (jj) Send an absentee ballot application automatically to indefinitely confined electors subject to the requirements under s. 6.86 (2).

SB204,25 Section 25 . Initial applicability.

SB204,19,5 (1) Electronic registrations. The treatment of s. 6.30 (5) first applies to electronic registrations initiated or updated on the effective date of this subsection.

SB204,26 Section 26. Effective dates. This act takes effect on the day after publication, except as follows:

SB204,19,9 (1) Electronic registrations. The treatment of s. 6.30 (5) and Section 25 (1) of this act take effect on the first day of the 4th month beginning after publication.

SB204,19,10 (End)