LRBs0324/1
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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.
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