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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 1An Act to repeal 6.34 (1) (b) and 6.87 (4) (a) 2.; to consolidate, renumber and
2amend
6.34 (1) (intro.) and (a) and 6.87 (4) (a) (intro.) and 1.; to amend 5.02
3(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)
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),
56.87 (2), 6.87 (3) (d), 6.87 (4) (b) 1., 6.88 (1), 6.97 (1), 7.15 (1) (cm), 7.15 (1) (j),
68.50 (2) and 11.0101 (30) (intro.); to repeal and recreate 8.50 (4) (d); and to
7create
5.02 (12n) of the statutes; relating to: absentee ballots cast by overseas
8and 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 1Section 1. 5.02 (12n) of the statutes is created to read:
AB947-SSA1,2,72 5.02 (12n) “Overseas elector" means a U.S. citizen who is residing outside of
3the United States, who is not disqualified from voting under s. 6.03, who has attained
4or will attain the age of 18 by the date of an election at which the citizen proposes to
5vote, who was last domiciled in this state or whose parent was last domiciled in this
6state immediately prior to the parent's departure from the United States, and who
7is not registered to vote or voting in any other state, territory, or possession.
AB947-SSA1,2 8Section 2. 5.02 (20) of the statutes is amended to read:
AB947-SSA1,3,5
15.02 (20) “Special primary" means the primary held 4 8 weeks before the
2special election except when the special election is held on the same day as the
3general election the special primary shall be held on the same day as the general
4primary or if the special election is held concurrently with the spring election, the
5primary shall be held concurrently with the spring primary.
AB947-SSA1,3 6Section 3. 5.05 (13) (c) of the statutes is amended to read:
AB947-SSA1,3,107 5.05 (13) (c) The commission shall maintain a freely accessible system under
8which a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined
9in s. 6.34 (1) (b),
who casts an absentee ballot may ascertain whether the ballot has
10been received by the appropriate municipal clerk.
AB947-SSA1,4 11Section 4. 5.05 (13) (d) 1. of the statutes is amended to read:
AB947-SSA1,3,1512 5.05 (13) (d) 1. To permit a military elector, as defined in s. 6.34 (1) (a), or an
13overseas elector, as defined in s. 6.34 (1) (b), to request a voter registration
14application or an application for an absentee ballot at any election at which the
15elector is qualified to vote in this state.
AB947-SSA1,5 16Section 5. 6.22 (2) (b) of the statutes is amended to read:
AB947-SSA1,3,1817 6.22 (2) (b) A military elector shall make and subscribe to the certification
18under s. 6.87 (2) before a witness who is an adult U.S. citizen.
AB947-SSA1,6 19Section 6. 6.22 (2) (e) of the statutes is amended to read:
AB947-SSA1,4,220 6.22 (2) (e) A military elector may file an application for an absentee ballot by
21means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86
22(1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector
23an absentee ballot or, if the elector is a military elector, as defined in s. 6.34 (1) (a),
24and the elector so requests, shall transmit an absentee ballot to the elector by means

1of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3)
2(d).
AB947-SSA1,7 3Section 7. 6.22 (4) (a) of the statutes is amended to read:
AB947-SSA1,4,94 6.22 (4) (a) Upon receiving a timely request for an absentee ballot under par.
5(b) by an individual who qualifies as a military elector, the municipal clerk shall send
6or, if the individual is a military elector as defined in s. 6.34 (1) (a), shall transmit
7to the elector upon the elector's request an absentee ballot for all elections that occur
8in the municipality or portion thereof where the elector resides in the same calendar
9year in which the request is received, unless the individual otherwise requests.
AB947-SSA1,8 10Section 8. 6.22 (4) (c) of the statutes is amended to read:
AB947-SSA1,4,1611 6.22 (4) (c) A military elector may indicate an alternate address on his or her
12absentee ballot application. If the elector's ballot is returned as undeliverable prior
13to the deadline for return of absentee ballots under s. 6.87 (6), and the elector remains
14eligible to receive absentee ballots under this section, the municipal clerk shall
15immediately send or, if the elector is a military elector as defined in s. 6.34 (1) (a),
16transmit an absentee ballot to the elector at the alternate address.
AB947-SSA1,9 17Section 9. 6.24 (2) of the statutes is amended to read:
AB947-SSA1,4,2418 6.24 (2) Eligibility. An overseas elector under sub. (1) may vote in any election
19for national office, including the partisan primary and presidential preference
20primary and any special primary or election. Such elector may not vote in an election
21for state or local office unless the elector qualifies as a resident of this state under
22s. 6.10
. An overseas elector shall vote in the ward or election district in which the
23elector was last domiciled or in which the elector's parent was last domiciled prior
24to departure from the United States.
AB947-SSA1,10 25Section 10. 6.24 (4) (c) of the statutes is amended to read:
AB947-SSA1,5,15
16.24 (4) (c) Upon receipt of a timely application from an individual who
2qualifies as an overseas elector and who has registered to vote in a municipality
3under sub. (3), the municipal clerk of the municipality shall send, or if the individual
4is an overseas elector, as defined in s. 6.34 (1) (b), shall transmit an absentee ballot
5to the individual upon the individual's request for all subsequent elections for
6national office to be held during the year in which the ballot is requested, except as
7otherwise provided in this paragraph, unless the individual otherwise requests or
8until the individual no longer qualifies as an overseas elector of the municipality.
9The clerk shall not send an absentee ballot for an election if the overseas elector's
10name appeared on the registration list in eligible status for a previous election
11following the date of the application but no longer appears on the list in eligible
12status. The municipal clerk shall ensure that the envelope containing the absentee
13ballot is clearly marked as not forwardable. If an overseas elector who files an
14application under this subsection no longer resides at the same address that is
15indicated on the application form, the elector shall so notify the municipal clerk.
AB947-SSA1,11 16Section 11. 6.24 (4) (d) of the statutes is amended to read:
AB947-SSA1,5,2517 6.24 (4) (d) An overseas elector, regardless of whether the elector qualifies as
18a resident of this state under s. 6.10,
who is not registered may request both a
19registration form and an absentee ballot at the same time, and the municipal clerk
20shall send or transmit the ballot automatically if the registration form is received
21within the time prescribed in s. 6.28 (1). The commission shall prescribe a special
22certificate form for the envelope in which the absentee ballot for such overseas
23electors is contained, which shall be substantially similar to that provided under s.
246.87 (2). An The overseas elector shall make and subscribe to the special certificate
25form before a witness who is an adult U.S. citizen.
AB947-SSA1,12
1Section 12. 6.24 (4) (e) of the statutes is amended to read:
AB947-SSA1,6,92 6.24 (4) (e) An overseas elector, regardless of whether the elector qualifies as
3a resident of this state under s. 6.10,
may file an application for an absentee ballot
4by means of electronic mail or facsimile transmission in the manner prescribed in s.
56.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the
6elector an absentee ballot or, if the elector is an overseas elector, as defined in s. 6.34
7(1) (b) and the elector
so requests, shall transmit an absentee ballot to the elector by
8means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87
9(3) (d).
AB947-SSA1,13 10Section 13. 6.25 (1) (b) of the statutes is amended to read:
AB947-SSA1,6,2011 6.25 (1) (b) Any individual who qualifies as an overseas elector under s. 6.24
12(1)
, regardless of whether the elector qualifies as a resident of this state under s. 6.10,
13and who transmits an application for an official absentee ballot for an election for
14national office
, including a primary election, no later than the latest time specified
15for an elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in
16absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all
17candidates of any recognized political party for national office listed on the official
18ballot at that election, if the federal write-in absentee ballot is received by the
19appropriate municipal clerk no later than the applicable time prescribed in s. 6.87
20(6).
AB947-SSA1,14 21Section 14. 6.276 (1) of the statutes is amended to read:
AB947-SSA1,6,2322 6.276 (1) In this section, “military elector" and “overseas elector" have has the
23meanings meaning given in s. 6.34 (1).
AB947-SSA1,15 24Section 15. 6.34 (1) (intro.) and (a) of the statutes are consolidated,
25renumbered 6.34 (1) and amended to read:
AB947-SSA1,7,8
16.34 (1) In this section: (a) “Military, “military elector" means a member of a
2uniformed service on active duty who, by reason of that duty, is absent from the
3residence where the member is otherwise qualified to vote; a member of the
4merchant marine, as defined in s. 6.22 (1) (a), who by reason of service in the
5merchant marine, is absent from the residence where the member is otherwise
6qualified to vote; or the spouse or dependent of any such member who, by reason of
7the duty or service of the member, is absent from the residence where the spouse or
8dependent is otherwise qualified to vote.
AB947-SSA1,16 9Section 16. 6.34 (1) (b) of the statutes is repealed.
AB947-SSA1,17 10Section 17. 6.865 (1) of the statutes is amended to read:
AB947-SSA1,7,1211 6.865 (1) In this section, “military elector" and "overseas elector" have has the
12meanings meaning given under s. 6.34 (1).
AB947-SSA1,18 13Section 18. 6.87 (2) of the statutes is amended to read:
AB947-SSA1,8,214 6.87 (2) Except as authorized under sub. (3) (d), the municipal clerk shall place
15the ballot in an unsealed envelope furnished by the clerk. The envelope shall have
16the name, official title and post-office address of the clerk upon its face. The other
17side of the envelope shall have a printed certificate which shall include a space for
18the municipal clerk or deputy clerk to enter his or her initials indicating that if the
19absentee elector voted in person under s. 6.86 (1) (ar), the elector presented proof of
20identification to the clerk and the clerk verified the proof presented. The certificate
21shall also include a space for the municipal clerk or deputy clerk to enter his or her
22initials indicating that the elector is exempt from providing proof of identification
23because the individual is a military elector or an overseas elector who does not
24qualify as a resident of this state under s. 6.10
or is exempted from providing proof

1of identification under sub. (4) (b) 2. or 3. The certificate shall be in substantially the
2following form:
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