2013 - 2014 LEGISLATURE
ASSEMBLY AMENDMENT 14,
TO ASSEMBLY BILL 493
November 14, 2013 - Offered by Representative Mason.
AB493-AA14,1,11 At the locations indicated, amend the bill as follows:
AB493-AA14,1,2 21. Page 2, line 3: after that line insert:
AB493-AA14,1,4 4" Section 1c. 6.18 of the statutes is amended to read:
AB493-AA14,2,6 56.18 Former residents. If ineligible to qualify as an elector in the state to
6which the elector has moved, any former qualified Wisconsin elector may vote an
7absentee ballot in the ward of the elector's prior residence in any presidential election
8occurring within 24 months after leaving Wisconsin by requesting an application
9form and returning it, properly executed, to the municipal clerk of the elector's prior
10Wisconsin residence. When requesting an application form for an absentee ballot,
11the applicant shall specify the applicant's eligibility for only the presidential ballot.
12Unless the applicant is exempted from providing proof of identification under s. 6.87
13(4) (b) 2. or 3., or the applicant is a military or overseas elector, the elector shall
14enclose a copy of his or her proof of identification or any authorized substitute

1document with his or her application. The municipal clerk shall verify that the name
2on the proof of identification conforms to the name on the application. The clerk shall
3not issue a ballot to an elector who is required to enclose a copy of proof of
4identification or an authorized substitute document with his or her application
5unless the copy is enclosed and the proof is verified by the clerk.
The application form
6shall require the following information and be in substantially the following form:
AB493-AA14,2,107 This form shall be returned to the municipal clerk's office. Application must be
8received in sufficient time for ballots to be mailed and returned prior to any
9presidential election at which applicant wishes to vote. Complete all statements in
10full.
AB493-AA14,2,1111 APPLICATION FOR PRESIDENTIAL
AB493-AA14,2,1212 ELECTOR'S ABSENTEE BALLOT
AB493-AA14,2,1313 (To be voted at the Presidential Election
AB493-AA14,2,1414 on November ...., .... (year)
AB493-AA14,2,2315 I, .... hereby swear or affirm that I am a citizen of the United States, formerly
16residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County
17of .... for 28 consecutive days prior to leaving the State of Wisconsin. I, .... do solemnly
18swear or affirm that I do not qualify to register or vote under the laws of the State
19of ....(State you now reside in) where I am presently residing. A citizen must be a
20resident of: State ....(Insert time) County ....(Insert time) City, Town or Village
21....(Insert time), in order to be eligible to register or vote therein. I further swear or
22affirm that my legal residence was established in the State of ....(the State where you
23now reside) on .... Month .... Day .... Year.
AB493-AA14,2,2424 Signed ....
AB493-AA14,2,2525 Address ....(Present address)
AB493-AA14,3,1
1....(City) ....(State)
AB493-AA14,3,22 Subscribed and sworn to before me this .... day of .... .... (year)
AB493-AA14,3,33 ....(Notary Public, or other officer authorized to administer oaths.)
AB493-AA14,3,44 ....(County)
AB493-AA14,3,55 My Commission expires
AB493-AA14,3,66 MAIL BALLOT TO:
AB493-AA14,3,77 NAME ....
AB493-AA14,3,88 ADDRESS ....
AB493-AA14,3,99 CITY .... STATE .... ZIP CODE ....
AB493-AA14,3,14 10Penalties for Violations. Whoever swears falsely to any absent elector affidavit
11under this section may be fined not more than $1,000 or imprisoned for not more than
126 months or both. Whoever intentionally votes more than once in an election may
13be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months
14or both.
AB493-AA14,3,1515 ....(Municipal Clerk)
AB493-AA14,3,1616 ....(Municipality)".
AB493-AA14,3,17 172. Page 4, line 25: after that line insert:
AB493-AA14,3,18 18" Section 4c. 6.86 (3) (a) 1. of the statutes is amended to read:
AB493-AA14,4,919 6.86 (3) (a) 1. Any elector who is registered and who is hospitalized, may apply
20for and obtain an official ballot by agent. The agent may apply for and obtain a ballot
21for the hospitalized absent elector by presenting a form prescribed by the board and
22containing the required information supplied by the hospitalized elector and signed
23by that elector, unless the elector is unable to sign due to physical disability. In this
24case, the elector may authorize another elector to sign on his or her behalf. Any

1elector signing an application on another elector's behalf shall attest to a statement
2that the application is made on request and by authorization of the named elector,
3who is unable to sign the application due to physical disability. The agent shall
4present this statement along with all other information required under this
5subdivision. Except as authorized for an elector who has a confidential listing under
6s. 6.47 (2) or as authorized under s. 6.87 (4) (b) 4., the agent shall present any proof
7of identification required under sub. (1) (ar). The form shall include a space for the
8municipal clerk or deputy clerk to enter his or her initials indicating that the agent
9presented proof of identification to the clerk on behalf of the elector.
AB493-AA14,4d 14Section 4d. 6.869 of the statutes is amended to read:
AB493-AA14,4,24 156.869 Uniform instructions. The board shall prescribe uniform instructions
16for municipalities to provide to absentee electors. The instructions shall include the
17specific means of electronic communication that an absentee elector may use to file
18an application for an absentee ballot and, if the absentee elector is required to
19register, to request a registration form or change his or her registration. The
20instructions shall include information concerning whether proof of identification is
21required to be presented or enclosed.
The instructions shall also include information
22concerning the procedure for correcting errors in marking a ballot and obtaining a
23replacement for a spoiled ballot. The procedure shall, to the extent possible, respect
24the privacy of each elector and preserve the confidentiality of each elector's vote.
AB493-AA14,4e 27Section 4e. 6.87 (1) of the statutes is amended to read:
AB493-AA14,5,1028 6.87 (1) Upon proper request made within the period prescribed in s. 6.86, the
29municipal clerk or a deputy clerk authorized by the municipal clerk shall write on

1the official ballot, in the space for official endorsement, the clerk's initials and official
2title. Unless application is made in person under s. 6.86 (1) (ar), the absent elector
3is exempted from providing proof of identification under sub. (4) (b) 2. or 3., or the
4applicant is a military or overseas elector, the absent elector shall enclose a copy of
5his or her proof of identification or any authorized substitute document with his or
6her application. The municipal clerk shall verify that the name on the proof of
7identification conforms to the name on the application. The clerk shall not issue an
8absentee ballot to an elector who is required to enclose a copy of proof of identification
9or an authorized substitute document with his or her application unless the copy is
10enclosed and the proof is verified by the clerk.
AB493-AA14,4f 11Section 4f. 6.87 (2) of the statutes is amended to read:
AB493-AA14,5,2312 6.87 (2) Except as authorized under sub. (3) (d), the municipal clerk shall place
13the ballot in an unsealed envelope furnished by the clerk. The envelope shall have
14the name, official title and post-office address of the clerk upon its face. The other
15side of the envelope shall have a printed certificate which shall include a space for
16the municipal clerk or deputy clerk to enter his or her initials indicating that if the
17absentee elector voted in person under s. 6.86 (1) (ar), the elector presented proof of
18identification to the clerk and the clerk verified the proof presented. The certificate
19shall also include a space for the municipal clerk or deputy clerk to enter his or her
20initials indicating that the elector is exempt from providing proof of identification
21because the individual is a military or overseas elector or is exempted from providing
22proof of identification under sub. (4) (b) 2. or 3
. The certificate shall be in
23substantially the following form:
AB493-AA14,5,2424 [STATE OF ....
AB493-AA14,5,2525 County of ....]
AB493-AA14,6,22 [(name of foreign country and city or other jurisdictional unit)]
AB493-AA14,6,153 I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false
4statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of
5the .... aldermanic district in the city of ...., residing at ....* in said city, the county
6of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at
7the election to be held on ....; that I am not voting at any other location in this election;
8that I am unable or unwilling to appear at the polling place in the (ward) (election
9district) on election day or have changed my residence within the state from one ward
10or election district to another later than 28 days before the election. I certify that I
11exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her)
12presence and in the presence of no other person marked the ballot and enclosed and
13sealed the same in this envelope in such a manner that no one but myself and any
14person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance,
15could know how I voted.
AB493-AA14,6,1616 Signed ....
AB493-AA14,6,1717 Identification serial number, if any: ....
AB493-AA14,6,1818 The witness shall execute the following:
AB493-AA14,6,2419 I, the undersigned witness, subject to the penalties of s. 12.60 (1) (b), Wis.
20Stats., for false statements, certify that I am an adult U.S. citizen and that the above
21statements are true and the voting procedure was executed as there stated. I am not
22a candidate for any office on the enclosed ballot (except in the case of an incumbent
23municipal clerk). I did not solicit or advise the elector to vote for or against any
24candidate or measure.
AB493-AA14,6,2525 ....(Name)
AB493-AA14,7,1
1....(Address)**
AB493-AA14,7,32 * — An elector who provides an identification serial number issued under s.
36.47 (3), Wis. Stats., need not provide a street address.
AB493-AA14,7,54 ** — If this form is executed before 2 special voting deputies under s. 6.875 (6),
5Wis. Stats., both deputies shall witness and sign.
AB493-AA14,4g 8Section 4g. 6.87 (4) (a) of the statutes is repealed.
AB493-AA14,4i 9Section 4i. 6.87 (4) (b) 2. to 5. of the statutes are repealed.
AB493-AA14,4j 10Section 4j. 6.875 (6) (c) 1. of the statutes is amended to read:
AB493-AA14,8,611 6.875 (6) (c) 1. Upon their visit to the home, facility, or complex under par. (a),
12the deputies shall personally offer each elector who has filed a proper application for
13an absentee ballot the opportunity to cast his or her absentee ballot. In lieu of
14providing a copy of proof of identification under s. 6.87 (4) (b) 1. with his or her
15absentee ballot, the elector may submit with his or her ballot a statement signed by
16both deputies that contains the name and address of the elector and verifies that the
17name and address are correct. The deputies shall enclose the statement in the
18certificate envelope. If an elector presents proof of identification under s. 6.87 (4) (b)
191., the deputies shall make a copy of the document presented by the elector and shall
20enclose the copy in the certificate envelope.
No elector who votes at the home, facility,
21or complex with the assistance of the deputies is required to present proof of
22identification.
If an elector is present who has not filed a proper application for an
23absentee ballot, the 2 deputies may accept an application from the elector and shall
24issue a ballot to the elector if the elector is qualified, the elector presents proof of
25identification, whenever required, or submits a statement containing his or her
26name and address under this subdivision, and the application is proper. The

1deputies shall each witness the certification and may, upon request of the elector,
2assist the elector in marking the elector's ballot. All voting shall be conducted in the
3presence of the deputies. Upon request of the elector, a relative of the elector who
4is present in the room may assist the elector in marking the elector's ballot. No
5individual other than a deputy may witness the certification and no individual other
6than a deputy or relative of an elector may render voting assistance to the elector.
AB493-AA14,4L 8Section 4L. 6.965 of the statutes is amended to read:
AB493-AA14,9,4 96.965 Voting procedure for electors presenting citation or notice in
10lieu of license or receipt.
Whenever any elector is allowed to vote at a polling place
11under s. 6.79 (7) by presenting a citation or notice of intent to revoke or suspend an
12operator's license in lieu of an operator's license or driving receipt issued to the
13elector under ch. 343, the inspectors shall, before giving the elector a ballot, write on
14the back of the ballot the serial number of the elector corresponding to the number
15kept at the election on the poll list or other list maintained under s. 6.79 and the
16notation "s. 6.965." If voting machines are used in the municipality where the elector
17is voting, the elector's vote may be received only upon an absentee ballot furnished
18by the municipal clerk which shall have the notation "s. 6.965" written on the back
19of the ballot by the inspectors before the ballot is given to the elector. If the municipal
20clerk receives an absentee ballot from an elector who presents a citation or notice,
21or copy thereof, under s. 6.87 (4) (b) 4., the clerk shall enter a notation on the
22certificate envelope "Ballot under s. 6.965, stats." Upon receiving the envelope, the
23inspectors shall open and write on the back of the ballot the serial number of the
24elector corresponding to the number kept at the election on the poll list or other list
25maintained under s. 6.79 and the notation "s. 6.965."
The inspectors shall indicate

1on the poll list or other list maintained under s. 6.79 the fact that the elector is voting
2by using a citation or notice in lieu of a license or driving receipt. The inspectors shall
3then deposit the ballot. The ballot shall then be counted under s. 5.85, or under s.
47.51 or 7.52.
AB493-AA14,4m 5Section 4m. 6.97 (2) of the statutes is amended to read:
AB493-AA14,9,186 6.97 (2) Whenever any individual who votes by absentee ballot is required to
7provide proof of residence in order to be permitted to vote and does not provide the
8required proof of residence under s. 6.34, the inspectors shall treat the ballot as a
9provisional ballot under this section. Upon removing the ballot from the envelope,
10the
inspectors shall write on the back of the ballot the serial number of the individual
11corresponding to the number kept at the election on the poll list or other list
12maintained under s. 6.79 and the notation "s. 6.97". The inspectors shall indicate on
13the list the fact that the individual is required to provide proof of residence but did
14not do so. The inspectors shall promptly notify the municipal clerk or executive
15director of the municipal board of election commissioners of the name, address, and
16serial number of the individual. The inspectors shall then place the ballot inside an
17envelope on which the name and serial number of the elector is entered and shall
18place the envelope in a separate carrier envelope.
AB493-AA14,4p 20Section 4p. 6.97 (3) (b) of the statutes is amended to read:
AB493-AA14,9,2521 6.97 (3) (b) Whenever the municipal clerk or executive director of the municipal
22board of election commissioners is informed by the inspectors that a ballot has been
23cast under this section, the clerk or executive director shall promptly provide written
24notice to the board of canvassers of each municipality, special purpose district, and
25county that is responsible for canvassing the election of the number of ballots cast

1under this section in each ward or election district. The municipal clerk or executive
2director then shall determine whether each individual voting under this section is
3qualified to vote in the ward or election district where the individual's ballot is cast.
4If the elector is required to provide proof of identification or a copy thereof under s.
56.79 (2), or 6.86 (1) (ar), or 6.87 (4) (b) 1. and fails to do so, the elector bears the burden
6of correcting the omission by providing the proof of identification or copy thereof at
7the polling place before the closing hour or at the office of the municipal clerk or board
8of election commissioners no later than 4 p.m. on the Friday after the election. The
9municipal clerk or executive director shall make a record of the procedure used to
10determine the validity of each ballot cast under this section. If, prior to 4 p.m. on the
11Friday after the election, the municipal clerk or executive director determines that
12the individual is qualified to vote in the ward or election district where the
13individual's ballot is cast, the municipal clerk or executive director shall notify the
14board of canvassers for each municipality, special purpose district and county that
15is responsible for canvassing the election of that fact.
AB493-AA14,4q 16Section 4q. 6.97 (3) (c) of the statutes is amended to read:
AB493-AA14,10,2117 6.97 (3) (c) A ballot cast under this section by an elector for whom proof of
18identification or a copy thereof is required under s. 6.79 (2), or 6.86 (1) (ar), or 6.87
19(4) (b) 1.
shall not be counted unless the municipal clerk or executive director of the
20board of election commissioners provides timely notification that the elector has
21provided proof of identification or a copy thereof under this section.".
AB493-AA14,10,22 223. Page 5, line 16: after "sections" insert "6.18,".
AB493-AA14,10,24 234. Page 5, line 16: after "(1) (a)," insert "6.86 (3) (a) 1., 6.869, 6.87 (1), (2), and
24(4) (a), (b) 1. to 5., 6.875 (6) (c) 1., 6.88 (3) (a), 6.965, 6.97 (2) and (3) (a) to (c),".
AB493-AA14,11,1
15. Page 5, line 16: delete "(c), and" and substitute "(c),".
AB493-AA14,11,2 26. Page 5, line 17: after "(cm)" insert ", and 7.52 (3) (a)".
Loading...
Loading...