LRBs0016/2
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2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 54
March 21, 2013 - Offered by Representative Stroebel.
AB54-ASA1,1,2 1An Act to amend 6.86 (1) (b); and to create 6.86 (1) (bb) of the statutes; relating
2to:
limiting the times for voting by absentee ballots in person.
Analysis by the Legislative Reference Bureau
Under current law, a person may apply to the municipal clerk in person to vote
using an absentee ballot. In-person applications to vote using an absentee ballot
may be made beginning on the third Monday preceding the election and ending on
the later of 5 p.m. or the close of business on the Friday preceding the election.
Under this substitute amendment, in-person applications to vote using
absentee ballots may only be received Monday to Friday between the hours of 7:30
a.m. and 6 p.m., except that an individual may make an appointment with the actual
city, town, or village clerk, as appropriate, so that the clerk, not a member of the
clerk's staff or a designated agent, may receive the individual's application made in
person after 6 p.m. or anytime on Saturday or Sunday, not including the Saturday
and Sunday after the Friday preceding the election.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB54-ASA1,1 3Section 1. 6.86 (1) (b) of the statutes is amended to read:
AB54-ASA1,2,23
16.86 (1) (b) Except as provided in this section, if application is made by mail,
2the application shall be received no later than 5 p.m. on the 5th day immediately
3preceding the election. If Except as provided in par. (bb), if application is made in
4person, the application shall be made no earlier than the opening of business on the
53rd Monday preceding the election and no later than 5 p.m. or the close of business,
6whichever is later,
6 p.m. on the Friday preceding the election. Except as provided
7in par. (c), if the elector is making written application for an absentee ballot at the
8partisan primary, the general election, the presidential preference primary, or a
9special election for national office, and the application indicates that the elector is
10a military elector, as defined in s. 6.34 (1), the application shall be received by the
11municipal clerk no later than 5 p.m. on election day. If the application indicates that
12the reason for requesting an absentee ballot is that the elector is a sequestered juror,
13the application shall be received no later than 5 p.m. on election day. If the
14application is received after 5 p.m. on the Friday immediately preceding the election,
15the municipal clerk or the clerk's agent shall immediately take the ballot to the court
16in which the elector is serving as a juror and deposit it with the judge. The judge shall
17recess court, as soon as convenient, and give the elector the ballot. The judge shall
18then witness the voting procedure as provided in s. 6.87 and shall deliver the ballot
19to the clerk or agent of the clerk who shall deliver it to the polling place or, in
20municipalities where absentee ballots are canvassed under s. 7.52, to the municipal
21clerk as required in s. 6.88. If application is made under sub. (2) or (2m), the
22application may be received no later than 5 p.m. on the Friday immediately
23preceding the election.
AB54-ASA1,2 24Section 2. 6.86 (1) (bb) of the statutes is created to read:
AB54-ASA1,3,7
16.86 (1) (bb) An application made in person may only be received Monday to
2Friday between the hours of 7:30 a.m. and 6 p.m, except that an individual may make
3an appointment with the actual city, town, or village clerk, as appropriate, so that,
4notwithstanding s. 7.21 (1), the clerk, not a member of the clerk's staff or a designated
5agent, may receive the individual's application made in person after 6 p.m. or
6anytime on Saturday or Sunday, not including the Saturday and Sunday after the
7Friday preceding the election.
AB54-ASA1,3 8Section 3. Initial applicability.
AB54-ASA1,3,109 (1) This act first applies to elections held no earlier than 60 days after the
10effective date of this subsection.
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