Amendment SSA1-AB947

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2017 - 2018 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 947

March 26, 2018 - Offered by Committee on Senate Organization.

AB947-SSA1,1,8 An Act to repeal 6.34 (1) (b) and 6.87 (4) (a) 2.; to consolidate, renumber and amend 6.34 (1) (intro.) and (a) and 6.87 (4) (a) (intro.) and 1.; to amend 5.02 (20), 5.05 (13) (c), 5.05 (13) (d) 1., 6.22 (2) (b), 6.22 (2) (e), 6.22 (4) (a), 6.22 (4) (c), 6.24 (2), 6.24 (4) (c), 6.24 (4) (d), 6.24 (4) (e), 6.25 (1) (b), 6.276 (1), 6.865 (1), 6.87 (2), 6.87 (3) (d), 6.87 (4) (b) 1., 6.88 (1), 6.97 (1), 7.15 (1) (cm), 7.15 (1) (j), 8.50 (2) and 11.0101 (30) (intro.); to repeal and recreate 8.50 (4) (d); and to create 5.02 (12n) of the statutes; relating to: absentee ballots cast by overseas and military voters and the timing for holding special elections.

Analysis by the Legislative Reference Bureau

Voting procedures for military and overseas voters

This substitute amendment modifies current law regarding the voting procedures for military and overseas electors so that the law is in substantial compliance with the federal Uniformed and Overseas Citizens Absentee Voting Act. The substitute amendment also modifies current law so that an individual signing the witness certification for an absentee ballot cast by a military elector or overseas elector need not be a United States citizen.

The substitute amendment allows all overseas electors to receive absentee ballots electronically, regardless of whether such electors are considered permanently or temporarily overseas. Under the substitute amendment, an overseas elector is a U.S. citizen who is residing outside of the United States, who is not disqualified from voting, who has attained or will attain the age of 18 by the date of an election at which the citizen proposes to vote, who was last domiciled in this state or whose parent was last domiciled in this state immediately prior to the parent's departure from the United States, and who is not registered to vote or voting in any other state, territory, or possession.

Timing for holding special elections

Under this substitute amendment, no special election for the office of state senator or representative to the assembly may be held after the spring election in the year in which a regular election is held to fill that seat. Under current law, any vacancy in the office of state senator or representative to the assembly occurring before the second Tuesday in May in the year in which a regular election is held to fill that seat must be filled as promptly as possible by special election.

The substitute amendment also provides that the date for a special election may not be less than 124 nor more than 154 days from the date of the governor's order calling for the special election and that the primary must be held on the day that is eight weeks before the day of the special election. Current law provides that the date for a special election may not be less than 62 nor more than 77 days from the date of the governor's order calling for the special election and that the primary must be held on the day that is four weeks before the day of the special election.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB947-SSA1,1 Section 1 . 5.02 (12n) of the statutes is created to read:

AB947-SSA1,2,7 5.02 (12n) “Overseas elector" means a U.S. citizen who is residing outside of the United States, who is not disqualified from voting under s. 6.03, who has attained or will attain the age of 18 by the date of an election at which the citizen proposes to vote, who was last domiciled in this state or whose parent was last domiciled in this state immediately prior to the parent's departure from the United States, and who is not registered to vote or voting in any other state, territory, or possession.

AB947-SSA1,2 Section 2 . 5.02 (20) of the statutes is amended to read:

AB947-SSA1,3,5 5.02 (20) “Special primary" means the primary held 4 8 weeks before the special election except when the special election is held on the same day as the general election the special primary shall be held on the same day as the general primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary.

AB947-SSA1,3 Section 3 . 5.05 (13) (c) of the statutes is amended to read:

AB947-SSA1,3,10 5.05 (13) (c) The commission shall maintain a freely accessible system under which a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s. 6.34 (1) (b), who casts an absentee ballot may ascertain whether the ballot has been received by the appropriate municipal clerk.

AB947-SSA1,4 Section 4 . 5.05 (13) (d) 1. of the statutes is amended to read:

AB947-SSA1,3,15 5.05 (13) (d) 1. To permit a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s. 6.34 (1) (b), to request a voter registration application or an application for an absentee ballot at any election at which the elector is qualified to vote in this state.

AB947-SSA1,5 Section 5 . 6.22 (2) (b) of the statutes is amended to read:

AB947-SSA1,3,18 6.22 (2) (b) A military elector shall make and subscribe to the certification under s. 6.87 (2) before a witness who is an adult U.S. citizen.

AB947-SSA1,6 Section 6 . 6.22 (2) (e) of the statutes is amended to read:

AB947-SSA1,4,2 6.22 (2) (e) A military elector may file an application for an absentee ballot by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector an absentee ballot or, if the elector is a military elector, as defined in s. 6.34 (1) (a), and the elector so requests, shall transmit an absentee ballot to the elector by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3) (d).

AB947-SSA1,7 Section 7 . 6.22 (4) (a) of the statutes is amended to read:

AB947-SSA1,4,9 6.22 (4) (a) Upon receiving a timely request for an absentee ballot under par. (b) by an individual who qualifies as a military elector, the municipal clerk shall send or, if the individual is a military elector as defined in s. 6.34 (1) (a), shall transmit to the elector upon the elector's request an absentee ballot for all elections that occur in the municipality or portion thereof where the elector resides in the same calendar year in which the request is received, unless the individual otherwise requests.

AB947-SSA1,8 Section 8 . 6.22 (4) (c) of the statutes is amended to read:

AB947-SSA1,4,16 6.22 (4) (c) A military elector may indicate an alternate address on his or her absentee ballot application. If the elector's ballot is returned as undeliverable prior to the deadline for return of absentee ballots under s. 6.87 (6), and the elector remains eligible to receive absentee ballots under this section, the municipal clerk shall immediately send or, if the elector is a military elector as defined in s. 6.34 (1) (a), transmit an absentee ballot to the elector at the alternate address.

AB947-SSA1,9 Section 9 . 6.24 (2) of the statutes is amended to read:

AB947-SSA1,4,24 6.24 (2) Eligibility. An overseas elector under sub. (1) may vote in any election for national office, including the partisan primary and presidential preference primary and any special primary or election. Such elector may not vote in an election for state or local office unless the elector qualifies as a resident of this state under s. 6.10. An overseas elector shall vote in the ward or election district in which the elector was last domiciled or in which the elector's parent was last domiciled prior to departure from the United States.

AB947-SSA1,10 Section 10 . 6.24 (4) (c) of the statutes is amended to read:

AB947-SSA1,5,15 6.24 (4) (c) Upon receipt of a timely application from an individual who qualifies as an overseas elector and who has registered to vote in a municipality under sub. (3), the municipal clerk of the municipality shall send, or if the individual is an overseas elector, as defined in s. 6.34 (1) (b), shall transmit an absentee ballot to the individual upon the individual's request for all subsequent elections for national office to be held during the year in which the ballot is requested, except as otherwise provided in this paragraph, unless the individual otherwise requests or until the individual no longer qualifies as an overseas elector of the municipality. The clerk shall not send an absentee ballot for an election if the overseas elector's name appeared on the registration list in eligible status for a previous election following the date of the application but no longer appears on the list in eligible status. The municipal clerk shall ensure that the envelope containing the absentee ballot is clearly marked as not forwardable. If an overseas elector who files an application under this subsection no longer resides at the same address that is indicated on the application form, the elector shall so notify the municipal clerk.

AB947-SSA1,11 Section 11 . 6.24 (4) (d) of the statutes is amended to read:

AB947-SSA1,5,25 6.24 (4) (d) An overseas elector, regardless of whether the elector qualifies as a resident of this state under s. 6.10, who is not registered may request both a registration form and an absentee ballot at the same time, and the municipal clerk shall send or transmit the ballot automatically if the registration form is received within the time prescribed in s. 6.28 (1). The commission shall prescribe a special certificate form for the envelope in which the absentee ballot for such overseas electors is contained, which shall be substantially similar to that provided under s. 6.87 (2). An The overseas elector shall make and subscribe to the special certificate form before a witness who is an adult U.S. citizen.

AB947-SSA1,12 Section 12. 6.24 (4) (e) of the statutes is amended to read:

AB947-SSA1,6,9 6.24 (4) (e) An overseas elector, regardless of whether the elector qualifies as a resident of this state under s. 6.10, may file an application for an absentee ballot by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector an absentee ballot or, if the elector is an overseas elector, as defined in s. 6.34 (1) (b) and the elector so requests, shall transmit an absentee ballot to the elector by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3) (d).

AB947-SSA1,13 Section 13 . 6.25 (1) (b) of the statutes is amended to read:

AB947-SSA1,6,20 6.25 (1) (b) Any individual who qualifies as an overseas elector under s. 6.24 (1), regardless of whether the elector qualifies as a resident of this state under s. 6.10, and who transmits an application for an official absentee ballot for an election for national office, including a primary election, no later than the latest time specified for an elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all candidates of any recognized political party for national office listed on the official ballot at that election, if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the applicable time prescribed in s. 6.87 (6).

AB947-SSA1,14 Section 14 . 6.276 (1) of the statutes is amended to read:

AB947-SSA1,6,23 6.276 (1) In this section, “military elector" and “overseas elector" have has the meanings meaning given in s. 6.34 (1).

AB947-SSA1,15 Section 15 . 6.34 (1) (intro.) and (a) of the statutes are consolidated, renumbered 6.34 (1) and amended to read:

AB947-SSA1,7,8 6.34 (1) In this section: (a) “Military, “military elector" means a member of a uniformed service on active duty who, by reason of that duty, is absent from the residence where the member is otherwise qualified to vote; a member of the merchant marine, as defined in s. 6.22 (1) (a), who by reason of service in the merchant marine, is absent from the residence where the member is otherwise qualified to vote; or the spouse or dependent of any such member who, by reason of the duty or service of the member, is absent from the residence where the spouse or dependent is otherwise qualified to vote.

AB947-SSA1,16 Section 16 . 6.34 (1) (b) of the statutes is repealed.

AB947-SSA1,17 Section 17 . 6.865 (1) of the statutes is amended to read:

AB947-SSA1,7,12 6.865 (1) In this section, “military elector" and "overseas elector" have has the meanings meaning given under s. 6.34 (1).

AB947-SSA1,18 Section 18 . 6.87 (2) of the statutes is amended to read:

AB947-SSA1,8,2 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 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 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: