SB42: Bill Text

LRB-0369/1

JTK:cmh&jlg:jf

1999 - 2000 LEGISLATURE

1999 Senate BILL 42

February 16, 1999 - Introduced by Senators Risser, Robson, Burke, Rude, George, Plache, Welch, A. Lasee, Shibilski, Jauch and Clausing, cosponsored by Representatives M. Lehman, Krug, Bock, Grothman, Urban, Ziegelbauer, Spillner, Black, Cullen, Schooff, Plouff, Plale, J. Lehman, Musser, Meyer, Turner, Colon, Travis, Hasenohrl, Wasserman, Olsen and Duff. Referred to Committee on Economic Development, Housing and Government Operations.

SB42,1,4 An Act to repeal 6.865 (2); to renumber and amend 6.85; to consolidate, renumber and amend 6.865 (intro.) and (1); to amend 6.85 (title), 6.86 (1) (a) (intro.), 6.86 (1) (b), 6.86 (3) (a), 6.87 (2) and 6.88 (1); and to create 6.85 (2) of the statutes; relating to: qualifications for absentee voting.

Analysis by the Legislative Reference Bureau

Currently, any elector who is or expects to be absent from the municipality where the elector resides on election day or who, because of age, sickness, handicap, physical disability, jury duty, service as an election official or religious reasons, cannot appear at the polling place serving his or her residence may obtain and cast an absentee ballot for any election by making application to the municipality where the elector resides.

Under this bill, any elector who wishes to cast his or her vote for any election at a location other than the polling place serving his or her residence may obtain and cast an absentee ballot at that election by making application to the municipality where the elector resides. The elector does not need to give a reason to obtain or cast an absentee ballot.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB42, s. 1 Section 1. 6.85 (title) of the statutes is amended to read:

SB42,2,2 6.85 (title) Absent elector; definition qualification.

SB42, s. 2 Section 2. 6.85 of the statutes is renumbered 6.85 (1) and amended to read:

SB42,2,11 6.85 (1) An absent elector is any otherwise qualified elector who is or expects to be absent from the municipality in which the absent elector is a qualified elector on election day whether by reason of active service in the U.S. armed forces or for any other reason, or who because of age, sickness, handicap, physical disability, jury duty, service as an election official or religious reasons cannot appear at wishes to cast his or her vote at a location other than the polling place in his or her ward. No person under the age of 70 qualifies as an absent elector solely because of age for the ward or election district where the elector resides.

SB42,2,15 (3) Any otherwise qualified elector who changes residence within this state by moving to a different ward or municipality later than 10 days prior to an election may vote an by absentee ballot in the ward or municipality where he or she was qualified to vote before moving changing his or her residence.

SB42,2,17 (4) An elector qualifying under this section may vote by absentee ballot under ss. 6.86 to 6.89.

SB42, s. 3 Section 3. 6.85 (2) of the statutes is created to read:

SB42,2,21 6.85 (2) Except as provided in sub. (3), an absent elector shall apply for an absentee ballot with the municipal clerk of the municipality where the elector resides.

SB42, s. 4 Section 4. 6.86 (1) (a) (intro.) of the statutes is amended to read:

SB42,2,25 6.86 (1) (a) (intro.) Any elector, qualifying under ss. 6.20 and 6.85 as an absent elector, may make written application to the appropriate municipal clerk under s. 6.85 for an official ballot by one of the following methods:

SB42, s. 5 Section 5. 6.86 (1) (b) of the statutes is amended to read:

SB42,3,16 6.86 (1) (b) Except as provided in this section, if application is made in writing, the application, signed by the elector, shall be received no later than 5 p.m. on the Friday immediately preceding the election. If application is made in person, the application shall be made no later than 5 p.m. on the day preceding the election. If the elector is making written application and the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then notarize the affidavit as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place as required in s. 6.88. If application is made under sub. (2), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

SB42, s. 6 Section 6. 6.86 (3) (a) of the statutes is amended to read:

SB42,4,2 6.86 (3) (a) Any elector who is registered, or otherwise qualified where registration is not required, and who qualifies under ss. 6.20 and 6.85 as an absent elector because the elector is hospitalized, may apply for and obtain an official ballot by agent. The agent may apply for and obtain a ballot for the hospitalized absent elector by presenting a form prescribed by the board and containing the required information supplied by the hospitalized elector and signed by that elector and any other elector residing in the same municipality as the hospitalized elector, corroborating the information contained therein. The corroborating elector shall state on the form his or her full name and address.

SB42, s. 7 Section 7. 6.865 (intro.) and (1) of the statutes are consolidated, renumbered 6.865 and amended to read:

SB42,4,10 6.865 Federal postcard request form. A federal postcard registration and absentee ballot request form may be used to apply for an absentee ballot under s. 6.86 (1) if the form is completed in such manner that the municipal clerk or board of election commissioners with whom it is filed is able to determine all of the following: (1) That that the applicant is an elector of this state and of the ward or election district where the elector seeks to vote.

SB42, s. 8 Section 8. 6.865 (2) of the statutes is repealed.

SB42, s. 9 Section 9. 6.87 (2) of the statutes is amended to read:

SB42,4,16 6.87 (2) The municipal clerk shall place the ballot in an unsealed envelope furnished by the clerk. The envelope shall have the name, official title and post-office address of the clerk upon its face. The other side of the envelope shall have a printed certificate-affidavit in substantially the following form:

SB42,4,17 [STATE OF ....

SB42,4,18 County of ....]

SB42,4,19 or

SB42,4,20 [(name of foreign country and city or other jurisdictional unit)]

SB42,5,11 I, ...., (certify) (do solemnly swear) subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements that I am a resident of the [.... ward of the] (town) (village) of ...., or of the .... aldermanic district in the city of ...., residing at .... in said city, the county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at the election to be held on ....; that I am not voting at any other location in this election; that I cannot appear at wish to vote in this election at a location other than the polling place in the for that (ward) (election district) on election day because I expect to be absent from the municipality or because of age, sickness, handicap, physical disability, religious reasons, jury duty, service as an election official, or because I have changed my residence within the state from one ward or election district to another within 10 days before the election. I (certify) (swear) that I exhibited the enclosed ballot unmarked to the (2 witnesses) (person administering the oath), that I then in (their) (his) (her) presence and in the presence of no other person marked the ballot and enclosed and sealed the same in this envelope in such a manner that no one but myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could know how I voted.

SB42,5,12 Signed ....

SB42,5,14 The (2 witnesses) (person administering the oath) shall execute either of the following as appropriate:

SB42,5,20 We, the undersigned witnesses, subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, certify that the above statements are true and the voting procedure was executed as there stated. Neither of us is a candidate for any office on the enclosed ballot (except in the case of an incumbent municipal clerk). The elector was not solicited or advised by us to vote for or against any candidate or measure.

SB42,5,21 ....(Name)

SB42,5,22 ....(Address)

SB42,5,23 ....(Name)

SB42,5,24 ....(Address)

SB42,6,5 Subscribed and sworn to before me this .... day of ...., A.D., ...., and I hereby certify that I am not a candidate on the ballot upon which the affiant voted (unless I am an incumbent municipal clerk), that the voting procedure above was executed as therein stated, and that the affiant was not solicited or advised by me to vote for or against any candidate or measure.

SB42,6,6 ....(Name)

SB42,6,7 ....(Title)

SB42,6,8 ....(State or nation)

SB42, s. 10 Section 10. 6.88 (1) of the statutes is amended to read:

SB42,6,16 6.88 (1) When an absentee ballot arrives at the office of the municipal clerk, the clerk shall enclose it, unopened, in a carrier envelope which shall be securely sealed and endorsed with the name and official title of the clerk, and the words "This envelope contains the ballot of an absent, aged, sick, handicapped or disabled elector or the ballot of an election official and must be opened at the polls during polling hours on election day". The clerk shall keep the ballot in the clerk's office until delivered, as required in sub. (2).

SB42, s. 11 Section 11. Initial applicability.