ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 SENATE BILL 116
October 24, 2011 - Offered by Representative Tauchen.
SB116-ASA1,2,13 1An Act to repeal 6.22 (4) (g), 6.221 (1), 6.221 (3) (b), 6.25 (2), 6.25 (3), 6.865 (3),
26.865 (3m) (a), 6.865 (3m) (c) and 7.15 (1) (cs); to renumber 6.221 (4); to
3renumber and amend
5.02 (18), 6.221 (title), 6.221 (2), 6.221 (3) (a), 6.221 (5),
46.221 (6), 6.25 (1) and 6.865 (3m) (b); to consolidate, renumber and amend
56.25 (4) (intro.), (a) and (b); to amend 5.05 (13) (title), 5.15 (4) (a), 5.15 (6) (b),
65.25 (3), 5.62 (title), 5.62 (1) (a), 5.62 (1) (b), 5.62 (2), 5.62 (3), 6.22 (4) (a), 6.22
7(4) (c), 6.22 (4) (e), 6.22 (4) (f), 6.22 (5), 6.22 (6), 6.24 (1), 6.24 (2), 6.24 (4) (c), 6.36
8(1) (a), 6.50 (8), 6.86 (1) (a) (intro.), 6.86 (1) (a) 3., 6.86 (1) (ac), 6.86 (1) (b), 6.865
9(title), 6.869, 6.87 (3) (d), 6.87 (6), 6.875 (3), 6.88 (1), 6.88 (3) (b), 7.08 (2) (b), 7.10
10(3) (a), 7.15 (1) (cm), 7.15 (1) (j), 7.51 (5) (b), 7.52 (3) (b), 7.60 (5) (a), 7.70 (3) (a),
118.10 (1), 8.15 (title), 8.15 (1), 8.16 (7), 8.17 (1) (b), 8.17 (4), 8.17 (5) (b), 8.19 (3),
128.20 (8) (a), 8.20 (8) (am), 8.37, 8.50 (intro.), 8.50 (1) (d), 8.50 (2), 8.50 (3) (a), 8.50
13(3) (b), 8.50 (3) (c), 8.50 (4) (b), 8.50 (4) (fm), 9.01 (1) (a) 1., 9.01 (1) (ag) 1., 9.01

1(1) (ag) 1m., 9.01 (1) (ag) 2., 9.01 (1) (b) (intro.), 10.01 (2) (d), 10.01 (2) (e), 10.06
2(1) (f), 10.06 (1) (h), 10.06 (1) (i), 10.06 (2) (gm), 10.06 (2) (h), 10.06 (2) (j), 10.06
3(3) (cm), 11.06 (12) (a) 1., 11.26 (17) (d), 11.31 (7) (a), 13.123 (3) (b) 1. a., 38.16
4(3) (br) 1., 59.08 (7) (b), 59.10 (3) (cm) 2., 59.605 (3) (a) 1., 60.30 (1e) (b), 62.13
5(6) (b), 66.0217 (7) (a) 3., 66.0219 (4) (b), 66.0227 (3), 66.0305 (6) (b), 66.0307 (4)
6(e) 2., 66.0602 (4) (a), 66.0619 (2m) (b), 66.0921 (2), 66.1113 (2) (g), 66.1113 (2)
7(h), 67.05 (6m) (b), 67.12 (12) (e) 5., 86.21 (2) (a), 92.11 (4) (c), 117.22 (2) (e),
8120.02 (1), 120.02 (2) (a), 120.02 (4), 121.91 (3) (a), 125.05 (1) (b) 5., 197.04 (1)
9(b), 229.824 (15), 343.50 (5m), 343.50 (7) and 995.20; and to create 5.05 (13) (c)
10and (d), 6.22 (2) (e), 6.24 (4) (e), 6.25 (1) (b) and 6.25 (1) (c) of the statutes;
11relating to: the dates of the September primary and certain other election
12occurrences, absentee voting, and the fee for duplicate identification cards
13issued by the Department of Transportation.
Analysis by the Legislative Reference Bureau
This substitute amendment changes the date of the September primary from
the 2nd Tuesday in September to the 2nd Tuesday in August and renames it to be the
"Partisan Primary". The substitute amendment also changes the dates of related
election events to accommodate the change in the date of the primary. In elections
for national office or special elections that are held concurrently with the general
election, the substitute amendment provides for absentee ballots to be available to
electors for at least a 47-day period before the election. Currently, the length of this
period varies but it is generally a shorter period.
The substitute amendment also makes various changes in the laws pertaining
to absentee voting. Most of the changes relate to absentee voting by military and
overseas electors of this state. State law contains different definitions of the terms
"military elector" and "overseas elector." One set of definitions mirrors the
definitions found in federal law. Under federal law, a "military elector" includes: 1)
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; 2) a member of
the merchant marine who, by reason of service in the merchant marine, is absent
from the residence where the member is otherwise qualified to vote; and 3) 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 person is otherwise qualified to vote. The

federal definition of "overseas elector" includes an elector who resides outside the
United States and who is qualified under federal law to vote in elections for national
office in this state because the elector last resided in this state immediately prior to
the elector's departure from the United States. The other set of definitions applies
for certain state purposes and includes all the persons who are included in the federal
definitions but also includes other persons. The state definition of the term "military
elector" includes: 1) members of a uniformed service who are not on active duty or
who are not absent from their residences by reason of their service or both; 2)
members of the merchant marine who are not absent from their residences; 3)
civilian employees of the United States and civilians officially attached to a
uniformed service who are serving outside the United States; 4) Peace Corps
volunteers; and 5) spouses and dependents of these persons who are residing with
or accompanying them. The state definition of "overseas elector" includes children
of persons who qualify as overseas electors under federal law who are U.S. citizens
at least 18 years of age, who are not disqualified from voting in this state, and who
are not residents of this state. Significant provisions of the substitute amendment
include:
1. Current law permits a military or overseas elector, as defined in state law,
to cast a vote in any general election in which a federal office is to be filled by writing
in the name of a candidate on a blank absentee ballot form prescribed by the U.S.
government and returning the ballot to the appropriate municipal clerk or board of
election commissioners. This substitute amendment permits a military elector, as
defined by state law, to cast such a ballot at any election, including any primary
election, at which a federal, state, or local office is to be filled and permits an overseas
elector, as defined by state law, to cast such a ballot at any election, including any
primary election, at which a federal office is to be filled. The substitute amendment
also provides that a completed and signed federal write-in absentee ballot serves as
an application for an absentee ballot and need not be accompanied by a separate
application, as required currently.
2. The substitute amendment directs the Government Accountability Board
(GAB), with the assistance of county and municipal clerks and boards of election
commissioners, to designate at least one freely accessible means of electronic
communication which shall be used to: 1) permit a military or overseas elector, as
defined by federal law, to request a voter registration or absentee ballot application
and to indicate whether he or she wishes to receive the application electronically or
by mail; and 2) permit a municipal clerk or board of election commissioners to
transmit an application to a military or overseas elector, as defined by federal law,
electronically or by mail, as requested by the elector, together with related voting,
balloting and election information. The substitute amendment also directs GAB,
with the assistance of county and municipal clerks and boards of elections
commissioners, to maintain a freely accessible system whereby a military or
overseas elector, as defined by federal law, who casts an absentee ballot may
ascertain whether the ballot has been received by the appropriate municipal clerk
or board. No similar provisions exist currently.

3. Currently, an absentee ballot cast by an elector is void unless it is received
at the polling place for the elector's residence by 8 p.m. on election night. However,
state law provides that if an elector is a military elector, as defined by federal law,
the elector has an additional ten days after the general election and seven days after
the September primary for the elector's ballot to be received by his or her
municipality if the ballot is postmarked by election day. This substitute amendment
provides instead that all absentee electors except those voting in person have until
4 p.m. on the Friday after an election for their ballots to be received if the ballots are
postmarked by election day.
4. Currently, the municipal clerk or board of election commissioners of each
municipality must, upon request of any absentee elector, transmit an absentee ballot
to the elector by electronic mail or facsimile transmission. This bill authorizes and
requires a municipal clerk or board to transmit an absentee ballot electronically only
to a military or overseas elector, as defined in federal law, upon request of such an
elector.
5. Currently, an elector who is a military elector, as defined by state law, or an
overseas elector, as defined by state law, and who applies for an absentee ballot no
later than 30 days before an election may cast a blank write-in ballot at that election
in lieu of the official printed ballot, for any candidates for federal office whose offices
are contested at that election. The ballot is valid only if it is submitted from a location
outside the United States. This substitute amendment permits such an elector to
cast a blank write-in absentee ballot after official printed ballots become available
if he or she applies for an absentee ballot no later than the latest time permitted for
application for an absentee ballot under state law. The substitute amendment also
permits a military elector to cast such a ballot even if the ballot is submitted from
a location inside the United States, including the elector's permanent residence.
6. Currently, a military or overseas elector, as defined in state law, may cast a
blank write-in absentee ballot under state law. In the case of military electors, the
ballot may be used to vote for any candidate for state or local office. In the case of
overseas electors, the ballot may only be used to vote for candidates for national
office. This substitute amendment discontinues the state write-in absentee ballot for
both groups of electors.
7. Currently, with certain exceptions, a military elector who requests an
absentee ballot receives absentee ballots automatically for all elections unless the
elector fails to return any absentee ballot during the entire period encompassed by
two successive general elections. Under this substitute amendment, with certain
exceptions, a military elector who requests an absentee ballot receives absentee
ballots automatically for all elections held in the same calendar year in which the
request is made.
8. Currently, GAB must prescribe uniform instructions for absentee voters.
This substitute amendment provides that the instructions must include the specific
means of electronic communication that absentee voters may use to file an
application for an absentee ballot, to request a voter registration form, or to change
their registrations.

Under current law, as created in 2011 Wisconsin Act 23, the Department of
Transportation (DOT) may not charge a fee to an applicant for the initial issuance,
renewal, or reinstatement of an identification card if the applicant is a U.S. citizen
who will be at least 18 years of age on the date of the next election and the applicant
requests that the identification card be provided without charge for purposes of
voting.
This substitute amendment includes the issuance of a duplicate identification
card by DOT in this fee exception.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB116-ASA1, s. 1 1Section 1. 5.02 (18) of the statutes, as affected by 2011 Wisconsin Act 32, is
2renumbered 5.02 (12s) and amended to read:
SB116-ASA1,5,53 5.02 (12s) "September Partisan primary" means the primary held the 2nd
4Tuesday in September August to nominate candidates to be voted for at the general
5election.
SB116-ASA1, s. 2 6Section 2. 5.05 (13) (title) of the statutes is amended to read:
SB116-ASA1,5,77 5.05 (13) (title) Toll-free election information exchange and requests.
SB116-ASA1, s. 3 8Section 3. 5.05 (13) (c) and (d) of the statutes are created to read:
SB116-ASA1,5,129 5.05 (13) (c) The board shall maintain a freely accessible system under which
10a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s.
116.34 (1) (b), who casts an absentee ballot may ascertain whether the ballot has been
12received by the appropriate municipal clerk.
SB116-ASA1,5,1413 (d) The board shall designate and maintain at least one freely accessible means
14of electronic communication which shall be used for the following purposes:
SB116-ASA1,5,1815 1. To permit a military elector, as defined in s. 6.34 (1) (a), or an overseas elector,
16as defined in s. 6.34 (1) (b), to request a voter registration application or an
17application for an absentee ballot at any election at which the elector is qualified to
18vote in this state.
SB116-ASA1,6,3
12. To permit a military elector or an overseas elector under subd. 1. to designate
2whether the elector wishes to receive the applications under subd. 1. electronically
3or by mail.
SB116-ASA1,6,74 3. To permit a municipal clerk to transmit to a military elector or an overseas
5elector under subd. 1. a registration application or absentee ballot application
6electronically or by mail, as directed by the elector under subd. 2., together with
7related voting, balloting, and election information.
SB116-ASA1, s. 4 8Section 4. 5.15 (4) (a) of the statutes, as affected by 2011 Wisconsin Act 39, is
9amended to read:
SB116-ASA1,7,210 5.15 (4) (a) Except as provided in par. (c), the division ordinance or resolution
11shall number all wards in the municipality with unique whole numbers in
12consecutive order, beginning with the number one, shall designate the polling place
13for each ward, and shall describe the boundaries of each ward consistent with the
14conventions set forth in s. 4.003. The ordinance or resolution shall be accompanied
15by a list of the block numbers used by the U.S. bureau of the census that are wholly
16or partly contained within each ward, with any block numbers partly contained
17within a ward identified, and a map of the municipality which illustrates the revised
18ward boundaries. If the legislature, in an act redistricting legislative districts under
19article IV, section 3, of the constitution, or in redistricting congressional districts,
20establishes a district boundary within a municipality that does not coincide with the
21boundary of a ward established under the ordinance or resolution of the
22municipality, the municipal governing body shall, no later than May 15 April 10 of
23the 2nd year following the year of the federal decennial census on which the act is
24based, amend the ordinance or resolution to the extent required to effect the act. The
25amended ordinance or resolution shall designate the polling place for any ward that

1is created to effect the legislative act. Nothing in this paragraph shall be construed
2to compel a county or city to alter or redraw supervisory or aldermanic districts.
SB116-ASA1, s. 5 3Section 5. 5.15 (6) (b) of the statutes is amended to read:
SB116-ASA1,7,204 5.15 (6) (b) No later than 60 days before each September primary and general
5election, and no later than
30 days before each other election, the governing body of
6any municipality may by resolution combine 2 or more wards for voting purposes to
7facilitate using a common polling place. Whenever wards are so combined, the
8original ward numbers shall continue to be utilized for all official purposes. Except
9as otherwise authorized under this paragraph, every municipality having a
10population of 35,000 or more shall maintain separate returns for each ward so
11combined. In municipalities having a population of less than 35,000, the governing
12body may provide in the resolution that returns shall be maintained only for each
13group of combined wards at any election. Whenever a governing body provides for
14common ballot boxes and ballots or voting machines, separate returns shall be
15maintained for each separate ballot required under ss. 5.62 and 5.64 at the
16September partisan primary and general election. The municipal clerk shall
17transmit a copy of the resolution to the county clerk of each county in which the
18municipality is contained. In municipalities having a population of less than 35,000,
19the resolution shall remain in effect for each election until modified or rescinded, or
20until a new division is made under this section.
SB116-ASA1, s. 6 21Section 6. 5.25 (3) of the statutes is amended to read:
SB116-ASA1,7,2422 5.25 (3) Polling places shall be established for each September primary and
23general election at least 60 days before the election, and for each other
election at
24least 30 days before the election.
SB116-ASA1, s. 7 25Section 7. 5.62 (title) of the statutes is amended to read:
SB116-ASA1,8,1
15.62 (title) September Partisan primary ballots.
SB116-ASA1, s. 8 2Section 8. 5.62 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is
3amended to read:
SB116-ASA1,8,204 5.62 (1) (a) At September primaries the partisan primary, the following ballot
5shall be provided for the nomination of candidates of recognized political parties for
6national, state and county offices and independent candidates for state office in each
7ward, in the same form as prescribed by the board under s. 7.08 (1) (a), except as
8authorized in s. 5.655. The ballots shall be made up of the several party tickets with
9each party entitled to participate in the primary under par. (b) or sub. (2) having its
10own ballot, except as authorized in s. 5.655. The ballots shall be secured together at
11the bottom. The party ballot of the party receiving the most votes for president or
12governor at the last general election shall be on top with the other parties arranged
13in descending order based on their vote for president or governor at the last general
14election. The ballots of parties qualifying under sub. (2) shall be placed after the
15parties qualifying under par. (b), in the same order in which the parties filed petitions
16with the board. Any ballot required under par. (b) 2. shall be placed next in order.
17At polling places where voting machines are used, each party shall be represented
18in one or more separate columns or rows on the ballot. At polling places where an
19electronic voting system is used other than an electronic voting machine, each party
20may be represented in separate columns or rows on the ballot.
SB116-ASA1, s. 9 21Section 9. 5.62 (1) (b) of the statutes is amended to read:
SB116-ASA1,9,1122 5.62 (1) (b) 1. Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every
23recognized political party listed on the official ballot at the last gubernatorial election
24whose candidate for any statewide office received at least 1% of the total votes cast
25for that office and, if the last general election was also a presidential election, every

1recognized political party listed on the ballot at that election whose candidate for
2president received at least 1% of the total vote cast for that office shall have a
3separate primary ballot or one or more separate columns or rows on the primary
4ballot as prescribed in par. (a) and a separate column on the general election ballot
5in every ward and election district. An organization which was listed as
6"independent" at the last general election and whose candidate meets the same
7qualification shall receive the same ballot status upon petition of the chairperson
8and secretary of the organization to the board requesting such status and specifying
9their party name, which may not duplicate the name of an existing party. A petition
10under this subdivision may be filed no later than 5 p.m. on June April 1 in the year
11of each general election.
SB116-ASA1,9,2512 2. Subdivision 1. applies to a party within any assembly district or county at
13any September partisan primary election only if at least one candidate of the party
14for any national, state or county office qualifies to have his or her name appear on
15the ballot under the name of that party within that assembly district or county. The
16county clerk or county board of election commissioners shall provide a combined
17separate ballot or one or more separate columns or rows on the ballot that will permit
18an elector to cast a vote for a write-in candidate for the nomination of any such party
19for each national, state and county office whenever that party qualifies to be
20represented on a separate primary ballot or in one or more separate columns or rows
21under subd. 1. but does not qualify under this subdivision. The ballot shall include
22the name of each party qualifying for a separate ballot or one or more separate
23columns or rows on the ballot under each office, with the names of the candidates for
24each such party appearing in the same order in which the ballots of the parties would
25appear under par. (a).
SB116-ASA1, s. 10
1Section 10. 5.62 (2) of the statutes is amended to read:
SB116-ASA1,10,152 5.62 (2) (a) Except as provided in par. (b) and s. 5.64 (1) (e) 2., any political
3organization may be represented on a separate primary ballot or in one or more
4separate columns or rows on the primary ballot as prescribed in sub. (1) (a) and in
5a separate column on the general election ballot in every ward and election district.
6To qualify for a separate ballot under this paragraph, the political organization shall,
7not later than 5 p.m. on June April 1 in the year of the September partisan primary,
8file with the board a petition requesting separate ballot status. The petition shall
9be signed by at least 10,000 electors, including at least 1,000 electors residing in each
10of at least 3 separate congressional districts. The petition shall conform to the
11requirements of s. 8.40. No signature obtained before January 1 in the year of filing
12is valid. When the candidates of a political organization filing a valid petition fulfill
13the requirements prescribed by law, they shall appear on a separate ballot or one or
14more separate columns or rows on the ballot for the period ending with the following
15general election.
SB116-ASA1,11,416 (b) Paragraph (a) applies to a party within any assembly district or county at
17any September partisan primary election only if at least one candidate of the party
18for any national, state or county office qualifies to have his or her name appear on
19the ballot under the name of that party within that assembly district or county. The
20county clerk or county board of election commissioners shall provide a combined
21separate ballot or one or more separate columns or rows on the ballot that will permit
22an elector to cast a vote for a write-in candidate for the nomination of any such party
23for each national, state and county office whenever that party qualifies to be
24represented on a separate primary ballot or in one or more separate columns or rows
25under par. (a) but does not qualify under this paragraph. The ballot shall include the

1name of each party qualifying for a separate ballot or one or more separate columns
2or rows on the ballot under each office, with the names of the candidates for each such
3party appearing in the same order in which the ballots of the parties would appear
4under sub. (1) (a).
SB116-ASA1, s. 11 5Section 11. 5.62 (3) of the statutes, as affected by 2011 Wisconsin Act 32, is
6amended to read:
SB116-ASA1,11,147 5.62 (3) The board shall designate the official primary ballot arrangement for
8statewide offices and district attorney within each prosecutorial district by using the
9same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate
10column or row on the ballot, the candidates for office shall be listed together with the
11offices which they seek in the following order whenever these offices appear on the
12September partisan primary ballot: governor, lieutenant governor, attorney general,
13secretary of state, state treasurer, U.S. senator, U.S. representative in congress,
14state senator, representative to the assembly, district attorney and the county offices.
SB116-ASA1, s. 12 15Section 12. 6.22 (2) (e) of the statutes is created to read:
SB116-ASA1,11,2216 6.22 (2) (e) A military elector may file an application for an absentee ballot by
17means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86
18(1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector
19an absentee ballot or, if the elector is a military elector, as defined in s. 6.34 (1) (a),
20and the elector so requests, shall transmit an absentee ballot to the elector by means
21of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3)
22(d).
SB116-ASA1, s. 13 23Section 13. 6.22 (4) (a) of the statutes is amended to read:
SB116-ASA1,12,724 6.22 (4) (a) A request for an absentee ballot by an individual who qualifies as
25a military elector shall be treated as a request for an absentee ballot for all elections.


1Upon receiving a timely request for an absentee ballot under par. (b) by an individual
2who qualifies as a military elector, the municipal clerk shall send or, if the individual
3is a military elector as defined in s. 6.34 (1) (a), shall
transmit to the elector upon the
4elector's request
an absentee ballot for all elections that occur in the municipality or
5portion thereof where the elector resides beginning on the date that the clerk receives
6the request
in the same calendar year in which the request is received, unless the
7individual otherwise requests
.
SB116-ASA1, s. 14 8Section 14. 6.22 (4) (c) of the statutes is amended to read:
SB116-ASA1,12,149 6.22 (4) (c) A military elector may indicate an alternate address on his or her
10absentee ballot application. If the elector's ballot is returned as undeliverable prior
11to the deadline for return of absentee ballots under s. 6.87 (6), and the elector remains
12eligible to receive absentee ballots under this section, the municipal clerk shall
13immediately send or, if the elector is a military elector as defined in s. 6.34 (1) (a),
14transmit an absentee ballot to the elector at the alternate address.
SB116-ASA1, s. 15 15Section 15. 6.22 (4) (e) of the statutes is amended to read:
SB116-ASA1,13,216 6.22 (4) (e) Whenever the material is mailed, the material shall be prepared
17and mailed to make use of the federal free postage laws. If the material does not
18qualify for mailing without postage under federal free postage laws, the municipal
19clerk shall pay the postage required for mailing to the military elector. If the return
20envelope qualifies for mailing free of postage under federal free postage laws, the
21clerk shall affix the appropriate legend required by U.S. postal regulations.
22Otherwise the municipal clerk shall pay the postage required for return when the
23ballot is mailed from within the United States. If the ballot is not mailed by the
24military elector from within the United States the military elector shall provide

1return postage. The mailing list established under this subsection shall be kept
2current in the same manner as provided in s. 6.86 (2) (b).
SB116-ASA1, s. 16 3Section 16. 6.22 (4) (f) of the statutes is amended to read:
SB116-ASA1,13,174 6.22 (4) (f) If there occur 2 successive general elections at which a military
5elector fails to return an absentee ballot sent or transmitted to the elector under par.
6(a) and the elector has not cast an absentee ballot at any intervening election, if
the
7municipal clerk is reliably informed that the elector an individual who requests an
8absentee ballot under this section
is no longer a military elector or no longer resides
9in the municipality, or if the elector so requests, the clerk shall discontinue sending
10or transmitting absentee ballots to the elector under this subsection. If a military
11elector who has requested an absentee ballot changes his or her residence from the
12municipality where a request is filed to another municipality in this state, the
13municipal clerk of the municipality who received the request shall notify the clerk
14of the municipality to which the elector's residence is changed of the date of the
15request or the latest renewal under par. (g) and the date of the most recent absentee
16ballot received by the clerk
. The municipal clerk who is so notified shall treat the
17request as having been made to him or her.
SB116-ASA1, s. 17 18Section 17. 6.22 (4) (g) of the statutes is repealed.
SB116-ASA1, s. 18 19Section 18. 6.22 (5) of the statutes is amended to read:
SB116-ASA1,13,2520 6.22 (5) Voting procedure. Except as provided in s. 6.221 7.515 and as
21authorized in s. 6.25, the ballot shall be marked and returned, deposited and
22recorded in the same manner as other absentee ballots. In addition, the certification
23under s. 6.87 (2) shall have a statement of the elector's birth date. Failure to return
24any unused ballots in a primary election does not invalidate the ballot on which the
25elector casts his or her votes.
SB116-ASA1, s. 19
1Section 19. 6.22 (6) of the statutes is amended to read:
SB116-ASA1,14,132 6.22 (6) Military elector list. Each municipal clerk shall keep an up-to-date
3list of all eligible military electors who reside in the municipality ; city clerks shall
4keep the lists by wards
in the format prescribed by the board. The list shall contain
5the name, latest-known military residence and military mailing address of each
6military elector. The list shall indicate whether each elector whose name appears on
7the list is a military elector, as defined in s. 6.36 (2) (c) 6.34 (1), and has so certified
8under s. 6.865 (3m). All persons over 18 years of age or who will be 18 years old prior
9to an election shall be listed and remain on the list for the duration of their tour of
10duty. The list shall be kept current through all possible means. Each clerk shall
11exercise reasonable care to avoid duplication of names or listing anyone who is not
12eligible to vote. Each clerk shall distribute 2 copies of one copy of the list to the
13appropriate ward each polling place in the municipality for use on election day.
SB116-ASA1, s. 20 14Section 20. 6.221 (title) of the statutes is renumbered 7.515 (title) and
15amended to read:
SB116-ASA1,14,18 167.515 (title) Counting of certain absentee ballots for certain military
17electors; September primary and general election
received after election
18day
.
SB116-ASA1, s. 21 19Section 21. 6.221 (1) of the statutes is repealed.
SB116-ASA1, s. 22 20Section 22. 6.221 (2) of the statutes is renumbered 7.515 (2) and amended to
21read:
SB116-ASA1,15,222 7.515 (2) Each certificate envelope that is mailed or transmitted to a military
23an absentee elector and each certificate envelope that is transmitted to a military or
24overseas elector under s. 6.87 (3) (d)
under this section shall be clearly labeled as

1"Cast by a military an absentee elector under s. 6.221 7.515, Wis. Stats., and may
2be eligible to be counted after election day."
SB116-ASA1, s. 23 3Section 23. 6.221 (3) (a) of the statutes is renumbered 7.515 (3) and amended
4to read:
SB116-ASA1,15,95 7.515 (3) At the September primary, a A ballot that is cast under s. 6.22 by an
6absentee elector who is a military elector, that is received by mail from the U. S.
7postal service, and that is postmarked no later than election day shall be counted as
8provided in this section if it is received by a municipal clerk no later than 5 4 p.m.
9on the 7th day Friday after the election.
SB116-ASA1, s. 24 10Section 24. 6.221 (3) (b) of the statutes is repealed.
SB116-ASA1, s. 25 11Section 25. 6.221 (4) of the statutes is renumbered 7.515 (4).
SB116-ASA1, s. 26 12Section 26. 6.221 (5) of the statutes is renumbered 7.515 (5) and amended to
13read:
SB116-ASA1,15,2214 7.515 (5) No later than the closing hour of the polls on the day of the September
15primary and the day of the general
each election, the municipal clerk of each
16municipality shall post at his or her office and on the Internet at a site announced
17by the clerk before the polls open, and shall make available to any person upon
18request, a statement of the number of absentee ballots that the clerk has mailed or
19transmitted to military absentee electors under this section and that have not been
20returned to the polling places where the electors reside by the closing hour on election
21day. The posting shall not include the names or addresses of any military absentee
22electors.
SB116-ASA1, s. 27 23Section 27. 6.221 (6) of the statutes is renumbered 7.515 (6) and amended to
24read:
SB116-ASA1,16,8
17.515 (6) (a) Whenever the municipal clerk of any municipality receives an
2absentee ballot cast by an absentee elector who is a military elector under this section
3and the ballot is not received in sufficient time for delivery to the polling place serving
4the residence of the elector on election day but is received within the time specified
5in sub. (3), the clerk shall promptly provide written notice to the board of canvassers
6of each municipality, special purpose district, and county that is responsible for
7canvassing the election of the number of such ballots that have been cast received
8by the clerk in each ward or election district.
SB116-ASA1,16,199 (b) Whenever a board of canvassers receives notification from a municipal clerk
10under par. (a), the board of canvassers shall reconvene no later than 9 a.m. on the
11day after the last day permitted for acceptance of absentee ballots under sub. (3) and
12shall proceed to open and record the names of the military absentee electors whose
13ballots have been received. If the ballot cast by a military an absentee elector is
14otherwise valid, the board of canvassers shall count the ballot and adjust the
15statements, certifications, and determinations accordingly. If the municipal clerk
16transmits returns of the election to the county clerk, the municipal clerk shall
17transmit to the county clerk a copy of the amended returns together with all
18additional ballots and envelopes reviewed by the board of canvassers and with
19amended tally sheets.
SB116-ASA1, s. 28 20Section 28. 6.24 (1) of the statutes is amended to read:
SB116-ASA1,17,221 6.24 (1) Definition. In this section, except as otherwise provided, "overseas
22elector" means a U.S. citizen who is not disqualified from voting under s. 6.03, who
23has attained or will attain the age of 18 by the date of an election at which the citizen
24proposes to vote and who does not qualify as a resident of this state under s. 6.10, but
25who was last domiciled in this state or whose parent was last domiciled in this state

1immediately prior to the parent's departure from the United States, and who is not
2registered to vote or voting in any other state, territory or possession.
SB116-ASA1, s. 29 3Section 29. 6.24 (2) of the statutes is amended to read:
SB116-ASA1,17,94 6.24 (2) Eligibility. An overseas elector under sub. (1) may vote in any election
5for national office, including the September partisan primary and presidential
6preference primary and any special primary or election. Such elector may not vote
7in an election for state or local office. An overseas elector shall vote in the ward or
8election district in which the elector was last domiciled or in which the elector's
9parent was last domiciled prior to departure from the United States.
SB116-ASA1, s. 30 10Section 30. 6.24 (4) (c) of the statutes, as affected by 2011 Wisconsin Act 23,
11is amended to read:
SB116-ASA1,18,212 6.24 (4) (c) Upon receipt of a timely application from an individual who
13qualifies as an overseas elector and who has registered to vote in a municipality
14under sub. (3), the municipal clerk of the municipality shall send or transmit, or if
15the individual is an overseas elector, as defined in s. 6.34 (1) (b), shall transmit
an
16absentee ballot to the individual upon the individual's request for all subsequent
17elections for national office to be held during the year in which the ballot is requested,
18except as otherwise provided in this paragraph, unless the individual otherwise
19requests or until the individual no longer qualifies as an overseas elector. of the
20municipality. The clerk shall not send an absentee ballot for an election if the
21overseas elector's name appeared on the registration list in eligible status for a
22previous election following the date of the application but no longer appears on the
23list in eligible status. The municipal clerk shall ensure that the envelope containing
24the absentee ballot is clearly marked as not forwardable. If an overseas elector who

1files an application under this subsection no longer resides at the same address that
2is indicated on the application form, the elector shall so notify the municipal clerk.
SB116-ASA1, s. 31 3Section 31. 6.24 (4) (e) of the statutes is created to read:
SB116-ASA1,18,104 6.24 (4) (e) An overseas elector may file an application for an absentee ballot
5by means of electronic mail or facsimile transmission in the manner prescribed in s.
66.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the
7elector an absentee ballot or, if the elector is an overseas elector, as defined in s. 6.34
8(1) (b) and the elector so requests, shall transmit an absentee ballot to the elector by
9means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87
10(3) (d).
SB116-ASA1, s. 32 11Section 32. 6.25 (1) of the statutes is renumbered 6.25 (1) (a) and amended to
12read:
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