LRBa2647/2
JK/SWB/MPG/MED:cjs
2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 1070
December 3, 2018 - Offered by Joint Committee on Finance.
AB1070-AA1,1,11 At the locations indicated, amend the bill as follows:
AB1070-AA1,1,2 21. Page 2, line 8: after “operations," insert “absentee ballots,".
AB1070-AA1,1,3 32. Page 12, line 8: after that line insert:
AB1070-AA1,1,4 4 Section 1b. 5.02 (12n) of the statutes is created to read:
AB1070-AA1,1,105 5.02 (12n) “Overseas elector" means a U.S. citizen who is residing outside of
6the United States, who is not disqualified from voting under s. 6.03, who has attained
7or will attain the age of 18 by the date of an election at which the citizen proposes to
8vote, who was last domiciled in this state or whose parent was last domiciled in this
9state immediately prior to the parent's departure from the United States, and who
10is not registered to vote or voting in any other state, territory, or possession.
AB1070-AA1,1c 11Section 1c. 5.05 (13) (c) of the statutes is amended to read:
AB1070-AA1,2,212 5.05 (13) (c) The commission shall maintain a freely accessible system under
13which a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined

1in s. 6.34 (1) (b),
who casts an absentee ballot may ascertain whether the ballot has
2been received by the appropriate municipal clerk.
AB1070-AA1,1d 3Section 1d. 5.05 (13) (d) 1. of the statutes is amended to read:
AB1070-AA1,2,74 5.05 (13) (d) 1. To permit a military elector, as defined in s. 6.34 (1) (a), or an
5overseas elector, as defined in s. 6.34 (1) (b), to request a voter registration
6application or an application for an absentee ballot at any election at which the
7elector is qualified to vote in this state.
AB1070-AA1,1e 8Section 1e. 6.22 (2) (b) of the statutes is amended to read:
AB1070-AA1,2,109 6.22 (2) (b) A military elector shall make and subscribe to the certification
10under s. 6.87 (2) before a witness who is an adult U.S. citizen.
AB1070-AA1,1f 11Section 1f. 6.22 (2) (e) of the statutes is amended to read:
AB1070-AA1,2,1812 6.22 (2) (e) A military elector may file an application for an absentee ballot by
13means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86
14(1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector
15an absentee ballot or, if the elector is a military elector, as defined in s. 6.34 (1) (a),
16and the elector so requests, shall transmit an absentee ballot to the elector by means
17of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3)
18(d).
AB1070-AA1,1fg 19Section 1fg. 6.22 (4) (a) of the statutes is amended to read:
AB1070-AA1,2,2520 6.22 (4) (a) Upon receiving a timely request for an absentee ballot under par.
21(b) by an individual who qualifies as a military elector, the municipal clerk shall send
22or, if the individual is a military elector as defined in s. 6.34 (1) (a), shall transmit
23to the elector upon the elector's request an absentee ballot for all elections that occur
24in the municipality or portion thereof where the elector resides in the same calendar
25year in which the request is received, unless the individual otherwise requests.
AB1070-AA1,1fm
1Section 1fm. 6.22 (4) (c) of the statutes is amended to read:
AB1070-AA1,3,72 6.22 (4) (c) A military elector may indicate an alternate address on his or her
3absentee ballot application. If the elector's ballot is returned as undeliverable prior
4to the deadline for return of absentee ballots under s. 6.87 (6), and the elector remains
5eligible to receive absentee ballots under this section, the municipal clerk shall
6immediately send or, if the elector is a military elector as defined in s. 6.34 (1) (a),
7transmit an absentee ballot to the elector at the alternate address.
AB1070-AA1,1g 8Section 1g. 6.24 (2) of the statutes is amended to read:
AB1070-AA1,3,159 6.24 (2) Eligibility. An overseas elector under sub. (1) may vote in any election
10for national office, including the partisan primary and presidential preference
11primary and any special primary or election. Such elector may not vote in an election
12for state or local office unless the elector qualifies as a resident of this state under
13s. 6.10
. An overseas elector shall vote in the ward or election district in which the
14elector was last domiciled or in which the elector's parent was last domiciled prior
15to departure from the United States.
AB1070-AA1,1gc 16Section 1gc. 6.24 (4) (c) of the statutes is amended to read:
AB1070-AA1,4,617 6.24 (4) (c) Upon receipt of a timely application from an individual who
18qualifies as an overseas elector and who has registered to vote in a municipality
19under sub. (3), the municipal clerk of the municipality shall send, or if the individual
20is an overseas elector, as defined in s. 6.34 (1) (b), shall transmit, an absentee ballot
21to the individual upon the individual's request for all subsequent elections for
22national office to be held during the year in which the ballot is requested, except as
23otherwise provided in this paragraph, unless the individual otherwise requests or
24until the individual no longer qualifies as an overseas elector of the municipality.
25The clerk shall not send an absentee ballot for an election if the overseas elector's

1name appeared on the registration list in eligible status for a previous election
2following the date of the application but no longer appears on the list in eligible
3status. The municipal clerk shall ensure that the envelope containing the absentee
4ballot is clearly marked as not forwardable. If an overseas elector who files an
5application under this subsection no longer resides at the same address that is
6indicated on the application form, the elector shall so notify the municipal clerk.
AB1070-AA1,1gd 7Section 1gd. 6.24 (4) (d) of the statutes is amended to read:
AB1070-AA1,4,168 6.24 (4) (d) An overseas elector, regardless of whether the elector qualifies as
9a resident of this state under s. 6.10,
who is not registered may request both a
10registration form and an absentee ballot at the same time, and the municipal clerk
11shall send or transmit the ballot automatically if the registration form is received
12within the time prescribed in s. 6.28 (1). The commission shall prescribe a special
13certificate form for the envelope in which the absentee ballot for such overseas
14electors is contained, which shall be substantially similar to that provided under s.
156.87 (2). An The overseas elector shall make and subscribe to the special certificate
16form before a witness who is an adult U.S. citizen.
AB1070-AA1,1gf 17Section 1gf. 6.24 (4) (e) of the statutes is amended to read:
AB1070-AA1,4,2518 6.24 (4) (e) An overseas elector, regardless of whether the elector qualifies as
19a resident of this state under s. 6.10,
may file an application for an absentee ballot
20by means of electronic mail or facsimile transmission in the manner prescribed in s.
216.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the
22elector an absentee ballot or, if the elector is an overseas elector, as defined in s. 6.34
23(1) (b) and the elector
so requests, shall transmit an absentee ballot to the elector by
24means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87
25(3) (d).
AB1070-AA1,1h
1Section 1h. 6.25 (1) (b) of the statutes is amended to read:
AB1070-AA1,5,112 6.25 (1) (b) Any individual who qualifies as an overseas elector under s. 6.24
3(1)
, regardless of whether the elector qualifies as a resident of this state under s. 6.10,
4and who transmits an application for an official absentee ballot for an election for
5national office
, including a primary election, no later than the latest time specified
6for an elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in
7absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all
8candidates of any recognized political party for national office listed on the official
9ballot at that election, if the federal write-in absentee ballot is received by the
10appropriate municipal clerk no later than the applicable time prescribed in s. 6.87
11(6).
AB1070-AA1,1i 12Section 1i. 6.276 (1) of the statutes is amended to read:
AB1070-AA1,5,1413 6.276 (1) In this section, “military elector" and “overseas elector" have has the
14meanings meaning given in s. 6.34 (1).
AB1070-AA1,1j 15Section 1j. 6.34 (1) (intro.) and (a) of the statutes are consolidated,
16renumbered 6.34 (1) and amended to read:
AB1070-AA1,5,2417 6.34 (1) In this section: (a) “Military, “military elector" means a member of a
18uniformed service on active duty who, by reason of that duty, is absent from the
19residence where the member is otherwise qualified to vote; a member of the
20merchant marine, as defined in s. 6.22 (1) (a), who by reason of service in the
21merchant marine, is absent from the residence where the member is otherwise
22qualified to vote; or the spouse or dependent of any such member who, by reason of
23the duty or service of the member, is absent from the residence where the spouse or
24dependent is otherwise qualified to vote.
AB1070-AA1,1jb 25Section 1jb. 6.34 (1) (b) of the statutes is repealed.
AB1070-AA1,1js
1Section 1js. 6.855 (5) of the statutes is created to read:
AB1070-AA1,6,32 6.855 (5) A governing body may designate more than one alternate site under
3sub. (1).
AB1070-AA1,1k 4Section 1k. 6.86 (1) (b) of the statutes is amended to read:
AB1070-AA1,7,55 6.86 (1) (b) Except as provided in this section, if application is made by mail,
6the application shall be received no later than 5 p.m. on the 5th day immediately
7preceding the election. If application is made in person, the application shall be
8made no earlier than the opening of business on the 3rd Monday Saturday preceding
9the election and no later than 7 p.m. on the Friday Sunday preceding the election.
10No application may be received on a legal holiday. An application made in person
11may only be received Monday to Friday between the hours of 8 a.m. and 7 p.m. each
12day.
A municipality shall specify the hours in the notice under s. 10.01 (2) (e). The
13municipal clerk or an election official shall witness the certificate for any in-person
14absentee ballot cast. Except as provided in par. (c), if the elector is making written
15application for an absentee ballot at the partisan primary, the general election, the
16presidential preference primary, or a special election for national office, and the
17application indicates that the elector is a military elector, as defined in s. 6.34 (1), the
18application shall be received by the municipal clerk no later than 5 p.m. on election
19day. If the application indicates that the reason for requesting an absentee ballot is
20that the elector is a sequestered juror, the application shall be received no later than
215 p.m. on election day. If the application is received after 5 p.m. on the Friday
22immediately preceding the election, the municipal clerk or the clerk's agent shall
23immediately take the ballot to the court in which the elector is serving as a juror and
24deposit it with the judge. The judge shall recess court, as soon as convenient, and
25give the elector the ballot. The judge shall then witness the voting procedure as

1provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who
2shall deliver it to the polling place or, in municipalities where absentee ballots are
3canvassed under s. 7.52, to the municipal clerk as required in s. 6.88. If application
4is made under sub. (2) or (2m), the application may be received no later than 5 p.m.
5on the Friday immediately preceding the election.
AB1070-AA1,1L 6Section 1L. 6.865 (1) of the statutes is amended to read:
AB1070-AA1,7,87 6.865 (1) In this section, “military elector" and "overseas elector" have has the
8meanings meaning given under s. 6.34 (1).
AB1070-AA1,1m 9Section 1m. 6.87 (2) of the statutes is amended to read:
AB1070-AA1,7,2210 6.87 (2) Except as authorized under sub. (3) (d), the municipal clerk shall place
11the ballot in an unsealed envelope furnished by the clerk. The envelope shall have
12the name, official title and post-office address of the clerk upon its face. The other
13side of the envelope shall have a printed certificate which shall include a space for
14the municipal clerk or deputy clerk to enter his or her initials indicating that if the
15absentee elector voted in person under s. 6.86 (1) (ar), the elector presented proof of
16identification to the clerk and the clerk verified the proof presented. The certificate
17shall also include a space for the municipal clerk or deputy clerk to enter his or her
18initials indicating that the elector is exempt from providing proof of identification
19because the individual is a military elector or an overseas elector who does not
20qualify as a resident of this state under s. 6.10
or is exempted from providing proof
21of identification under sub. (4) (b) 2. or 3. The certificate shall be in substantially the
22following form:
AB1070-AA1,7,2323 [STATE OF ....
AB1070-AA1,7,2424 County of ....]
AB1070-AA1,8,1
1[(name of foreign country and city or other jurisdictional unit)]
AB1070-AA1,8,142 I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false
3statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of
4the .... aldermanic district in the city of ...., residing at ....* in said city, the county
5of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at
6the election to be held on ....; that I am not voting at any other location in this election;
7that I am unable or unwilling to appear at the polling place in the (ward) (election
8district) on election day or have changed my residence within the state from one ward
9or election district to another later than 28 days before the election. I certify that I
10exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her)
11presence and in the presence of no other person marked the ballot and enclosed and
12sealed the same in this envelope in such a manner that no one but myself and any
13person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance,
14could know how I voted.
AB1070-AA1,8,1515 Signed ....
AB1070-AA1,8,1616 Identification serial number, if any: ....
AB1070-AA1,8,1717 The witness shall execute the following:
AB1070-AA1,8,2318 I, the undersigned witness, subject to the penalties of s. 12.60 (1) (b), Wis.
19Stats., for false statements, certify that I am an adult U.S. citizen ** and that the
20above statements are true and the voting procedure was executed as there stated.
21I am not a candidate for any office on the enclosed ballot (except in the case of an
22incumbent municipal clerk). I did not solicit or advise the elector to vote for or against
23any candidate or measure.
AB1070-AA1,8,2424 ....(Name Printed name)
AB1070-AA1,8,2525 ....(Address)***
AB1070-AA1,9,1
1Signed ....
AB1070-AA1,9,32 * — An elector who provides an identification serial number issued under s.
36.47 (3), Wis. Stats., need not provide a street address.
AB1070-AA1,9,7 4** — An individual who serves as a witness for a military elector or an overseas
5elector voting absentee, regardless of whether the elector qualifies as a resident of
6Wisconsin under s. 6.10, Wis. Stats., need not be a U.S. citizen but must be 18 years
7of age or older.
AB1070-AA1,9,98 *** — If this form is executed before 2 special voting deputies under s. 6.875 (6),
9Wis. Stats., both deputies shall witness and sign.
AB1070-AA1,1mg 10Section 1mg. 6.87 (3) (d) of the statutes is amended to read:
AB1070-AA1,9,2511 6.87 (3) (d) A municipal clerk shall, if the clerk is reliably informed by a military
12elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s. 6.34 (1) (b)
13regardless of whether the elector qualifies as a resident of this state under s. 6.10,
14of a facsimile transmission number or electronic mail address where the elector can
15receive an absentee ballot, transmit a facsimile or electronic copy of the elector's
16ballot to that elector in lieu of mailing under this subsection. An elector may receive
17an absentee ballot only if the elector is a military elector or an overseas elector under
18s. 6.34 (1)
and has filed a valid application for the ballot as provided in s. 6.86 (1).
19If the clerk transmits an absentee ballot to a military or overseas elector
20electronically, the clerk shall also transmit a facsimile or electronic copy of the text
21of the material that appears on the certificate envelope prescribed in sub. (2),
22together with instructions prescribed by the commission. The instructions shall
23require the military or overseas elector to make and subscribe to the certification as
24required under sub. (4) (b) and to enclose the absentee ballot in a separate envelope
25contained within a larger envelope, that shall include the completed certificate. The

1elector shall then affix sufficient postage unless the absentee ballot qualifies for
2mailing free of postage under federal free postage laws and shall mail the absentee
3ballot to the municipal clerk. Except as authorized in s. 6.97 (2), an absentee ballot
4received from a military or overseas elector who receives the ballot electronically
5shall not be counted unless it is cast in the manner prescribed in this paragraph and
6sub. (4) and in accordance with the instructions provided by the commission.
AB1070-AA1,1mp 7Section 1mp. 6.87 (4) (a) (intro.) and 1. of the statutes are consolidated,
8renumbered 6.87 (4) (a) and amended to read:
AB1070-AA1,10,109 6.87 (4) (a) In this subsection: 1. “Military, “military elector" has the meaning
10given in s. 6.34 (1) (a).
AB1070-AA1,1mq 11Section 1mq. 6.87 (4) (a) 2. of the statutes is repealed.
AB1070-AA1,1ms 12Section 1ms. 6.87 (4) (b) 1. of the statutes is amended to read:
AB1070-AA1,11,1813 6.87 (4) (b) 1. Except as otherwise provided in s. 6.875, the an elector voting
14absentee, other than a military elector or an overseas elector, shall make and
15subscribe to the certification before one witness who is an adult U.S. citizen. A
16military elector or an overseas elector voting absentee, regardless of whether the
17elector qualifies as a resident of this state under s. 6.10, shall make and subscribe
18to the certification before one witness who is an adult but who need not be a U.S.
19citizen.
The absent elector, in the presence of the witness, shall mark the ballot in
20a manner that will not disclose how the elector's vote is cast. The elector shall then,
21still in the presence of the witness, fold the ballots so each is separate and so that the
22elector conceals the markings thereon and deposit them in the proper envelope. If
23a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that
24the elector conceals the markings thereon and deposit the ballot in the proper
25envelope. If proof of residence under s. 6.34 is required and the document enclosed

1by the elector under this subdivision does not constitute proof of residence under s.
26.34, the elector shall also enclose proof of residence under s. 6.34 in the envelope.
3Except as provided in s. 6.34 (2m), proof of residence is required if the elector is not
4a military elector or an overseas elector and the elector registered by mail or by
5electronic application and has not voted in an election in this state. If the elector
6requested a ballot by means of facsimile transmission or electronic mail under s. 6.86
7(1) (ac), the elector shall enclose in the envelope a copy of the request which bears an
8original signature of the elector. The elector may receive assistance under sub. (5).
9The return envelope shall then be sealed. The witness may not be a candidate. The
10envelope shall be mailed by the elector, or delivered in person, to the municipal clerk
11issuing the ballot or ballots. If the envelope is mailed from a location outside the
12United States, the elector shall affix sufficient postage unless the ballot qualifies for
13delivery free of postage under federal law. Failure to return an unused ballot in a
14primary does not invalidate the ballot on which the elector's votes are cast. Return
15of more than one marked ballot in a primary or return of a ballot prepared under s.
165.655 or a ballot used with an electronic voting system in a primary which is marked
17for candidates of more than one party invalidates all votes cast by the elector for
18candidates in the primary.
AB1070-AA1,1mt 19Section 1mt. 6.88 (1) of the statutes is amended to read:
AB1070-AA1,12,1020 6.88 (1) When an absentee ballot arrives at the office of the municipal clerk,
21or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it,
22unopened, in a carrier envelope which shall be securely sealed and endorsed with the
23name and official title of the clerk, and the words “This envelope contains the ballot
24of an absent elector and must be opened in the same room where votes are being cast
25at the polls during polling hours on election day or, in municipalities where absentee

1ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of
2absentee ballot canvassers under s. 7.52, stats.". If the elector is a military elector,
3as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s. 6.34 (1) (b)
4regardless of whether the elector qualifies as a resident of this state under s. 6.10,
5and the ballot was received by the elector by facsimile transmission or electronic mail
6and is accompanied by a separate certificate, the clerk shall enclose the ballot in a
7certificate envelope and securely append the completed certificate to the outside of
8the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep
9the ballot in the clerk's office or at the alternate site, if applicable until delivered, as
10required in sub. (2).
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