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2011 - 2012 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2011 SENATE BILL 271
February 14, 2012 - Offered by Senator Lazich.
SB271-SSA1,1,6 1An Act to amend 6.18, 6.86 (1) (ac), 6.86 (3) (a) 1., 6.869, 6.87 (1), 6.87 (4) (b) 1.,
26.87 (4) (b) 2., 6.87 (4) (b) 3., 6.87 (4) (b) 5., 6.88 (3) (a), 6.97 (title), 6.97 (2), 6.97
3(3), 7.08 (12) and 7.52 (3) (a); and to create 6.86 (6) of the statutes; relating
4to:
return of absentee ballots, submittal of proof of identification with absentee
5ballot applications, and voting in person by electors who have voted by absentee
6ballot in the same election.
Analysis by the Legislative Reference Bureau
Currently, if a qualified elector casts an absentee ballot, whether by mail or in
person, the municipal clerk or board of election commissioners of the municipality
where the elector resides delivers the ballot in an absentee ballot envelope to the
polling place serving the elector's residence. There is no authorization for a
municipality to return an absentee ballot to an elector once the ballot has been voted
and accepted by a clerk or board. The election inspectors (poll workers), upon
receiving the absentee ballot of a qualified elector, mark the poll list to indicate that
the elector has voted when they count the ballot. No elector is permitted to vote more
than once in the same election. If a municipality elects to canvass its absentee ballots
centrally using a board of absentee ballot canvassers, the board of absentee ballot

canvassers marks a separate poll list containing the names of the qualified electors
of the municipality to indicate the electors who have cast absentee ballots. The
municipal board of canvassers is then required to reconcile the poll list marked at
each polling place with the poll list marked by the board of absentee ballot canvassers
to ensure that no person is permitted to vote more than once. If the municipal board
of canvassers finds that an elector who has voted in person has also cast an absentee
ballot, the absentee ballot is void.
This substitute amendment provides that if an elector mails or personally
delivers an absentee ballot to the municipal clerk or board of election commissioners,
the clerk or board shall not return the ballot to the elector, except as currently
authorized for defective or spoiled ballots or ballots with incomplete certificates. The
substitute amendment also provides that an elector who mails or personally delivers
an absentee ballot to the municipal clerk or board of election commissioners at an
election is not permitted to vote in person at the same election on election day.
Currently, with certain exceptions, an individual who votes in an election must
present proof of identification in order to vote. The proof may consist of a number
of documents specified by law and must contain certain information specified by law.
An individual who votes by absentee ballot to whom the requirement applies must
generally enclose a copy of his or her proof of identification with his or her absentee
ballot application. However, if the individual requests an absentee ballot by
electronic mail or facsimile transmission, the individual instead provides a copy of
his or her proof of identification with his or her absentee ballot. This substitute
amendment deletes the procedure under which a copy of an individual's proof of
identification is provided with the individual's absentee ballot rather than with the
individual's absentee ballot application, thus requiring every individual to whom the
identification requirement applies to enclose a copy of his or her proof of
identification with the individual's absentee ballot application.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB271-SSA1, s. 1 1Section 1. 6.18 of the statutes, as affected by 2011 Wisconsin Act 23, is
2amended to read:
SB271-SSA1,3,12 36.18 Former residents. If ineligible to qualify as an elector in the state to
4which the elector has moved, any former qualified Wisconsin elector may vote an
5absentee ballot in the ward of the elector's prior residence in any presidential election
6occurring within 24 months after leaving Wisconsin by requesting an application
7form and returning it, properly executed, to the municipal clerk of the elector's prior

1Wisconsin residence. When requesting an application form for an absentee ballot,
2the applicant shall specify the applicant's eligibility for only the presidential ballot.
3Unless application is made under s. 6.86 (1) (ac), or the applicant is exempted from
4providing proof of identification under s. 6.87 (4) (b) 2. or 3., or the applicant is a
5military or overseas elector, the elector shall enclose a copy of his or her proof of
6identification or any authorized substitute document with his or her application.
7The municipal clerk shall verify that the name on the proof of identification conforms
8to the name on the application. The clerk shall not issue a ballot to an elector who
9is required to enclose a copy of proof of identification or an authorized substitute
10document with his or her application unless the copy is enclosed and the proof is
11verified by the clerk. The application form shall require the following information
12and be in substantially the following form:
SB271-SSA1,3,1613 This form shall be returned to the municipal clerk's office. Application must be
14received in sufficient time for ballots to be mailed and returned prior to any
15presidential election at which applicant wishes to vote. Complete all statements in
16full.
SB271-SSA1,3,1717 APPLICATION FOR PRESIDENTIAL
SB271-SSA1,3,1818 ELECTOR'S ABSENTEE BALLOT
SB271-SSA1,3,1919 (To be voted at the Presidential Election
SB271-SSA1,3,2020 on November ...., .... (year)
SB271-SSA1,4,421 I, .... hereby swear or affirm that I am a citizen of the United States, formerly
22residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County
23of .... for 28 consecutive days prior to leaving the State of Wisconsin. I, .... do solemnly
24swear or affirm that I do not qualify to register or vote under the laws of the State
25of ....(State you now reside in) where I am presently residing. A citizen must be a

1resident of: State ....(Insert time) County ....(Insert time) City, Town or Village
2....(Insert time), in order to be eligible to register or vote therein. I further swear or
3affirm that my legal residence was established in the State of ....(the State where you
4now reside) on .... Month .... Day .... Year.
SB271-SSA1,4,55 Signed ....
SB271-SSA1,4,66 Address ....(Present address)
SB271-SSA1,4,77 ....(City) ....(State)
SB271-SSA1,4,88 Subscribed and sworn to before me this .... day of .... .... (year)
SB271-SSA1,4,99 ....(Notary Public, or other officer authorized to administer oaths.)
SB271-SSA1,4,1010 ....(County)
SB271-SSA1,4,1111 My Commission expires
SB271-SSA1,4,1212 MAIL BALLOT TO:
SB271-SSA1,4,1313 NAME ....
SB271-SSA1,4,1414 ADDRESS ....
SB271-SSA1,4,1515 CITY .... STATE .... ZIP CODE ....
SB271-SSA1,4,20 16Penalties for Violations. Whoever swears falsely to any absent elector affidavit
17under this section may be fined not more than $1,000 or imprisoned for not more than
186 months or both. Whoever intentionally votes more than once in an election may
19be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months
20or both.
SB271-SSA1,4,2121 ....(Municipal Clerk)
SB271-SSA1,4,2222 ....(Municipality)
SB271-SSA1, s. 2 23Section 2. 6.86 (1) (ac) of the statutes, as affected by 2011 Wisconsin Act 75,
24is amended to read:
SB271-SSA1,5,10
16.86 (1) (ac) Any elector qualifying under par. (a) may make written application
2to the municipal clerk for an official ballot by means of facsimile transmission or
3electronic mail. Any application under this paragraph need not contain a copy of the
4applicant's original signature. An elector requesting a ballot under this paragraph
5shall return with the voted ballot a copy of the request bearing an original signature
6of the elector as provided in s. 6.87 (4). Except as authorized in ss. 6.87 (4) (b) 2. to
75. and 6.875 (6), and notwithstanding s. 343.43 (1) (f), the elector shall transmit a
8copy of his or her proof of identification in the manner provided in s. 6.87 (1) unless
9the elector is a military elector or an overseas elector or the elector has a confidential
10listing under s. 6.47 (2).
SB271-SSA1, s. 3 11Section 3. 6.86 (3) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 23,
12is amended to read:
SB271-SSA1,6,313 6.86 (3) (a) 1. Any elector who is registered and who is hospitalized, may apply
14for and obtain an official ballot by agent. The agent may apply for and obtain a ballot
15for the hospitalized absent elector by presenting a form prescribed by the board and
16containing the required information supplied by the hospitalized elector and signed
17by that elector, unless the elector is unable to sign due to physical disability. In this
18case, the elector may authorize another elector to sign on his or her behalf. Any
19elector signing an application on another elector's behalf shall attest to a statement
20that the application is made on request and by authorization of the named elector,
21who is unable to sign the application due to physical disability. The agent shall
22present this statement along with all other information required under this
23subdivision. Except as authorized for an elector who has a confidential listing under
24s. 6.47 (2) or as authorized under s. 6.87 (4) (b) 4., the agent shall present any proof
25of identification required under sub. (1) (ar) and s. 6.87 (4) (b) 1. The form shall

1include a space for the municipal clerk or deputy clerk to enter his or her initials
2indicating that the agent presented proof of identification to the clerk on behalf of the
3elector.
SB271-SSA1, s. 4 4Section 4. 6.86 (6) of the statutes is created to read:
SB271-SSA1,6,95 6.86 (6) Except as authorized in sub. (5) and s. 6.87 (9), if an elector mails or
6personally delivers an absentee ballot to the municipal clerk, the municipal clerk
7shall not return the ballot to the elector. An elector who mails or personally delivers
8an absentee ballot to the municipal clerk at an election is not permitted to vote in
9person at the same election on election day.
SB271-SSA1, s. 5 10Section 5. 6.869 of the statutes, as affected by 2011 Wisconsin Act 23, is
11amended to read:
SB271-SSA1,6,22 126.869 Uniform instructions. The board shall prescribe uniform instructions
13for municipalities to provide to absentee electors. The instructions shall include the
14specific means of electronic communication that an absentee elector may use to file
15an application for an absentee ballot and, if the absentee elector is required to
16register, to request a registration form or change his or her registration. The
17instructions shall include information concerning whether proof of identification is
18required to be presented or enclosed under s. 6.86 (1) (ar) or 6.87 (4) (b) 1. The
19instructions shall also include information concerning the procedure for correcting
20errors in marking a ballot and obtaining a replacement for a spoiled ballot. The
21procedure shall, to the extent possible, respect the privacy of each elector and
22preserve the confidentiality of each elector's vote.
SB271-SSA1, s. 6 23Section 6. 6.87 (1) of the statutes, as affected by 2011 Wisconsin Act 23, is
24amended to read:
SB271-SSA1,7,12
16.87 (1) Upon proper request made within the period prescribed in s. 6.86, the
2municipal clerk or a deputy clerk authorized by the municipal clerk shall write on
3the official ballot, in the space for official endorsement, the clerk's initials and official
4title. Unless application is made under s. 6.86 (1) (ac) or in person under s. 6.86 (1)
5(ar), the absent elector is exempted from providing proof of identification under sub.
6(4) (b) 2. or 3., or the applicant is a military or overseas elector, the absent elector shall
7enclose a copy of his or her proof of identification or any authorized substitute
8document with his or her application. The municipal clerk shall verify that the name
9on the proof of identification conforms to the name on the application. The clerk shall
10not issue an absentee ballot to an elector who is required to enclose a copy of proof
11of identification or an authorized substitute document with his or her application
12unless the copy is enclosed and the proof is verified by the clerk.
SB271-SSA1, s. 7 13Section 7. 6.87 (4) (b) 1. of the statutes, as affected by 2011 Wisconsin Act 23,
14is amended to read:
SB271-SSA1,8,2015 6.87 (4) (b) 1. Except as otherwise provided in s. 6.875, the elector voting
16absentee shall make and subscribe to the certification before one witness who is an
17adult U.S. citizen. The absent elector, in the presence of the witness, shall mark the
18ballot in a manner that will not disclose how the elector's vote is cast. The elector
19shall then, still in the presence of the witness, fold the ballots so each is separate and
20so that the elector conceals the markings thereon and deposit them in the proper
21envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the
22ballot so that the elector conceals the markings thereon and deposit the ballot in the
23proper envelope. Except as authorized in subds. 2. and 5. and s. 6.875 (6) and
24notwithstanding s. 343.43 (1) (f), if the elector has not enclosed a copy of his or her
25proof of identification with his or her application, the elector shall enclose a copy of

1the proof of identification in the manner provided in sub. (1) in the envelope, unless
2the elector is a military elector or an overseas elector or the elector has a confidential
3listing under s. 6.47 (2).
If proof of residence under s. 6.34 is required and the
4document enclosed by the elector under this subdivision does not constitute proof of
5residence under s. 6.34, the elector shall also enclose proof of residence under s. 6.34
6in the envelope. Proof of residence is required if the elector is not a military elector
7or an overseas elector and the elector registered by mail and has not voted in an
8election in this state. If the elector requested a ballot by means of facsimile
9transmission or electronic mail under s. 6.86 (1) (ac), the elector shall enclose in the
10envelope a copy of the request which bears an original signature of the elector. The
11elector may receive assistance under sub. (5). The return envelope shall then be
12sealed. The witness may not be a candidate. The envelope shall be mailed by the
13elector, or delivered in person, to the municipal clerk issuing the ballot or ballots.
14If the envelope is mailed from a location outside the United States, the elector shall
15affix sufficient postage unless the ballot qualifies for delivery free of postage under
16federal law. Failure to return an unused ballot in a primary does not invalidate the
17ballot on which the elector's votes are cast. Return of more than one marked ballot
18in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an
19electronic voting system in a primary which is marked for candidates of more than
20one party invalidates all votes cast by the elector for candidates in the primary.
SB271-SSA1, s. 8 21Section 8. 6.87 (4) (b) 2. of the statutes, as created by 2011 Wisconsin Act 23,
22is amended to read:
SB271-SSA1,9,323 6.87 (4) (b) 2. Unless subd. 3. applies, if the absentee elector has applied for and
24qualified to receive absentee ballots automatically under s. 6.86 (2) (a), the elector
25may, in lieu of providing a copy of proof of identification as required under subd. 1.,

1submit with his or her absentee ballot a statement signed by the same individual who
2witnesses voting of the ballot which contains the name and address of the elector and
3verifies that the name and address are correct.
SB271-SSA1, s. 9 4Section 9. 6.87 (4) (b) 3. of the statutes, as created by 2011 Wisconsin Act 23,
5is amended to read:
SB271-SSA1,9,106 6.87 (4) (b) 3. If the absentee elector has received an absentee ballot from the
7municipal clerk by mail for a previous election, has provided a copy of proof of
8identification as required under subd. 1. with that ballot, and has not changed his
9or her name or address since providing that proof of identification, the elector is not
10required to provide a copy of the proof of identification required under subd. 1.
SB271-SSA1, s. 10 11Section 10. 6.87 (4) (b) 5. of the statutes, as created by 2011 Wisconsin Act 23,
12is amended to read:
SB271-SSA1,9,2513 6.87 (4) (b) 5. Unless subd. 3. or 4. applies, if the absentee elector resides in a
14qualified retirement home, as defined in s. 6.875 (1) (at), a qualified
15community-based residential facility, as defined in s. 6.875 (1) (as), a residential care
16apartment complex that is certified or registered under s. 50.034 (1), or an adult
17family home that is certified under s. 50.032 or licensed under s. 50.033 and the
18municipal clerk or board of election commissioners of the municipality where the
19complex, facility, or home is located does not send special voting deputies to visit the
20complex, facility, or home at the election under s. 6.875, the elector may, in lieu of
21providing proof of identification required under subd. 1., submit with his or her
22absentee ballot a statement signed by the same individual who witnesses voting of
23the ballot that contains the certification of an authorized representative of the
24complex, facility, or home that the elector resides in the complex, facility, or home and
25the complex, facility, or home is certified or registered as required by law, that

1contains the name and address of the elector, and that verifies that the name and
2address are correct.
SB271-SSA1, s. 11 3Section 11. 6.88 (3) (a) of the statutes, as affected by 2011 Wisconsin Act 23,
4is amended to read:
SB271-SSA1,11,45 6.88 (3) (a) Except in municipalities where absentee ballots are canvassed
6under s. 7.52, at any time between the opening and closing of the polls on election day,
7the inspectors shall, in the same room where votes are being cast, in such a manner
8that members of the public can hear and see the procedures, open the carrier
9envelope only, and announce the name of the absent elector or the identification
10serial number of the absent elector if the elector has a confidential listing under s.
116.47 (2). When the inspectors find that the certification has been properly executed,
12the applicant is a qualified elector of the ward or election district, and the applicant
13has not voted in the election, they shall enter an indication on the poll list next to the
14applicant's name indicating an absentee ballot is cast by the elector. They shall then
15open the envelope containing the ballot in a manner so as not to deface or destroy the
16certification thereon. The inspectors shall take out the ballot without unfolding it
17or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95,
18the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If
19the poll list indicates that proof of residence under s. 6.34 is required and no proof
20of residence is enclosed or the name or address on the document that is provided is
21not the same as the name and address shown on the poll list, or if the elector is not
22a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s.
236.34 (1) (b), and the elector is required to provide a copy of proof of identification
24under s. 6.87 (4) (b) 1. and no copy of the proof of identification is enclosed or the name
25on the document cannot be verified by the inspectors,
the inspectors shall proceed as

1provided under s. 6.97 (2). The inspectors shall then deposit the ballot into the proper
2ballot box and enter the absent elector's name or voting number after his or her name
3on the poll list in the same manner as if the elector had been present and voted in
4person.
SB271-SSA1, s. 12 5Section 12. 6.97 (title) of the statutes, as affected by 2011 Wisconsin Act 23,
6is amended to read:
SB271-SSA1,11,8 76.97 (title) Voting procedure for individuals not providing required
8proof of residence
or identification.
SB271-SSA1, s. 13 9Section 13. 6.97 (2) of the statutes, as affected by 2011 Wisconsin Act 23, is
10amended to read:
SB271-SSA1,12,511 6.97 (2) Whenever any individual who votes by absentee ballot is required to
12provide proof of residence in order to be permitted to vote and does not provide the
13required proof of residence under s. 6.34, the inspectors shall treat the ballot as a
14provisional ballot under this section. Whenever any individual, other than a military
15elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s. 6.34 (1) (b),
16an individual who has a confidential listing under s. 6.47 (2), or an individual who
17is exempted under s. 6.87 (4) or s. 6.875 (6), votes by absentee ballot and does not
18enclose a copy of the proof of identification under s. 6.87 (4) (b) 1., the inspectors shall
19similarly treat the ballot as a provisional ballot under this section.
Upon removing
20the ballot from the envelope, the inspectors shall write on the back of the ballot the
21serial number of the individual corresponding to the number kept at the election on
22the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". The
23inspectors shall indicate on the list the fact that the individual is required to provide
24proof of residence or to provide, or provide a copy of, proof of identification as required
25under s. 6.87 (4) (b) 1.
but did not do so. The inspectors shall promptly notify the

1municipal clerk or executive director of the municipal board of election
2commissioners of the name, address, and serial number of the individual. The
3inspectors shall then place the ballot inside an envelope on which the name and
4serial number of the elector is entered and shall place the envelope in a separate
5carrier envelope.
SB271-SSA1, s. 14 6Section 14. 6.97 (3) of the statutes, as affected by 2011 Wisconsin Act 23, is
7amended to read:
SB271-SSA1,12,188 6.97 (3) (a) Whenever an elector who votes by provisional ballot under sub. (1)
9or (2) because the elector does not provide proof of identification or a copy thereof
10under s. 6.79 (2), or 6.86 (1) (ar), or s. 6.87 (4) (b) 1. later appears at the polling place
11where the ballot is cast before the closing hour and provides the proof of identification
12or a copy thereof, the inspectors shall remove the elector's ballot from the separate
13carrier envelope, shall note on the poll list that the elector's provisional ballot is
14withdrawn, and shall deposit the elector's ballot in the ballot box. If the inspectors
15have notified the municipal clerk or executive director of the board of election
16commissioners that the elector's ballot was cast under this section, the inspectors
17shall notify the clerk or executive director that the elector's provisional ballot is
18withdrawn.
SB271-SSA1,13,1319 (b) Whenever the municipal clerk or executive director of the municipal board
20of election commissioners is informed by the inspectors that a ballot has been cast
21under this section, the clerk or executive director shall promptly provide written
22notice to the board of canvassers of each municipality, special purpose district, and
23county that is responsible for canvassing the election of the number of ballots cast
24under this section in each ward or election district. The municipal clerk or executive
25director then shall determine whether each individual voting under this section is

1qualified to vote in the ward or election district where the individual's ballot is cast.
2If the elector is required to provide proof of identification or a copy thereof under s.
36.79 (2), or 6.86 (1) (ar), or 6.87 (4) (b) 1. and fails to do so, the elector bears the burden
4of correcting the omission by providing the proof of identification or copy thereof at
5the polling place before the closing hour or at the office of the municipal clerk or board
6of election commissioners no later than 4 p.m. on the Friday after the election. The
7municipal clerk or executive director shall make a record of the procedure used to
8determine the validity of each ballot cast under this section. If, prior to 4 p.m. on the
9Friday after the election, the municipal clerk or executive director determines that
10the individual is qualified to vote in the ward or election district where the
11individual's ballot is cast, the municipal clerk or executive director shall notify the
12board of canvassers for each municipality, special purpose district and county that
13is responsible for canvassing the election of that fact.
SB271-SSA1,13,1814 (c) A ballot cast under this section by an elector for whom proof of identification
15or a copy thereof is required under s. 6.79 (2), or 6.86 (1) (ar), or 6.87 (4)(b) 1. shall
16not be counted unless the municipal clerk or executive director of the board of
17election commissioners provides timely notification that the elector has provided
18proof of identification or a copy thereof under this section.
SB271-SSA1, s. 15 19Section 15. 7.08 (12) of the statutes, as created by 2011 Wisconsin Act 23, is
20amended to read:
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