AB11,3,22 126.85 Absent elector; definition. An absent elector is any otherwise qualified
13elector who for any reason is unable or unwilling to, for any reason, is or expects to
14be absent from the municipality in which the absent elector is a qualified elector on
15election day, or who, because of age, sickness, handicap, physical disability, jury duty,
16service as an election official, or religious reasons cannot
appear at the polling place
17in his or her ward or election district. No person under the age of 70 qualifies as an
18absent elector solely because of age
. Any otherwise qualified elector who changes
19residence within this state by moving to a different ward or municipality later than
2010 days prior to an election may vote an absentee ballot in the ward or municipality
21where he or she was qualified to vote before moving. An elector qualifying under this
22section may vote by absentee ballot under ss. 6.86 to 6.89.
AB11, s. 6 23Section 6. 6.86 (1) (b) of the statutes is amended to read:
AB11,4,1424 6.86 (1) (b) Except as provided in this section, if application is made in writing,
25the application, signed by the elector, shall be received no later than 5 p.m. on the

1Friday immediately preceding the election. If application is made in person, the
2application shall be made no later than 5 p.m. on the day preceding the election. If
3the elector is making written application and the application indicates that the
4reason for requesting an absentee ballot is that the elector is a sequestered juror, the
5application shall be received no later than 5 p.m. on election day. If the application
6is received after 5 p.m. on the Friday immediately preceding the election, the
7municipal clerk or the clerk's agent shall immediately take the ballot to the court in
8which the elector is serving as a juror and deposit it with the judge. The judge shall
9recess court, as soon as convenient, and give the elector the ballot. The judge shall
10then witness the voting procedure notarize the affidavit as provided in s. 6.87 and
11shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the
12polling place as required in s. 6.88. If application is made under sub. (2), the
13application may be received no later than 5 p.m. on the Friday immediately
14preceding the election.
AB11, s. 7 15Section 7. 6.87 (2) of the statutes is amended to read:
AB11,4,2016 6.87 (2) Except as authorized under sub. (3) (d), the municipal clerk shall place
17the ballot in an unsealed envelope furnished by the clerk. The envelope shall have
18the name, official title and post-office address of the clerk upon its face. The other
19side of the envelope shall have a printed certificate certificate-affidavit in
20substantially the following form:
AB11,4,2121 [STATE OF ....
AB11,4,2222 County of ....]
AB11,4,2323 or
AB11,4,2424 [(name of foreign country and city or other jurisdictional unit)]
AB11,5,18
1I, ...., (certify) (do solemnly swear) subject to the penalties of s. 12.60 (1) (b), Wis.
2Stats., for false statements, that I am a resident of the [.... ward of the] (town) (village)
3of ...., or of the .... aldermanic district in the city of ...., residing at .... in said city, the
4county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election
5district) at the election to be held on ....; that I am not voting at any other location
6in this election; that I am unable or unwilling to cannot appear at the polling place
7in the (ward) (election district) on election day because I expect to be absent from the
8municipality or because of age, sickness, handicap, physical disability, religious
9reasons, jury duty, or service as an election official,
or because I have changed my
10residence within the state from one ward or election district to another within 10
11days before the election. An elector who provides an identification serial number
12issued under s. 6.47 (3) need not provide a street address. I (certify) (swear) that I
13exhibited the enclosed ballot unmarked to the witness (2 witnesses) (person
14administering the oath)
, that I then in (their) (his) (her) presence and in the presence
15of no other person marked the ballot and enclosed and sealed the same in this
16envelope in such a manner that no one but myself and any person rendering
17assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could know how I
18voted.
AB11,5,1919 Signed ....
AB11,5,2020 Identification serial number, if any: ....
AB11,5,2221 The witness (2 witnesses) (person administering the oath) shall execute either
22of
the following, as appropriate:
AB11,6,3 23I We, the undersigned witness witnesses, subject to the penalties of s. 12.60 (1)
24(b), Wis. Stats., for false statements, certify that the above statements are true and
25the voting procedure was executed as there stated. I am not Neither of us is a

1candidate for any office on the enclosed ballot (except in the case of an incumbent
2municipal clerk). I We did not solicit or advise the elector to vote for or against any
3candidate or measure.
AB11,6,44 ....(Name)
AB11,6,55 ....(Address)
AB11,6,6 6....(Name)
AB11,6,7 7....(Address)
AB11,6,12 8Subscribed and sworn to before me this .... day of ...., A.D., ...., and I hereby
9certify that I am not a candidate on the ballot upon which the affiant voted (unless
10I am an incumbent municipal clerk), that the voting procedure above was executed
11as therein stated, and that I did not solicit or advise the affiant to vote for or against
12any candidate or measure.
AB11,6,13 13....(Name)
AB11,6,14 14....(Title)
AB11,6,15 15....(State or nation)
AB11, s. 8 16Section 8. 6.87 (3) (d) of the statutes is amended to read:
AB11,7,1217 6.87 (3) (d) Unless a municipality uses an electronic voting system that
18requires an elector to punch a ballot in order to record the elector's votes, a municipal
19clerk of a municipality may, if the clerk is reliably informed by an absent elector of
20a facsimile transmission number or electronic mail address where the elector can
21receive an absentee ballot, transmit a facsimile or electronic copy of the absent
22elector's ballot to that elector in lieu of mailing under this subsection if, in the
23judgment of the clerk, the time required to send the ballot through the mail may not
24be sufficient to enable return of the ballot by the time provided under sub. (6). An
25elector may receive an absentee ballot under this subsection only if the elector has

1filed a valid application for the ballot under sub. (1). If the clerk transmits an
2absentee ballot under this paragraph, the clerk shall also transmit a facsimile or
3electronic copy of the text of the material that appears on the certificate
4certificate-affidavit envelope prescribed in sub. (2), together with instructions
5prescribed by the board. The instructions shall require the absent elector to make
6and subscribe to the affidavit or the certification as required under sub. (4) and to
7enclose the absentee ballot in a separate envelope contained within a larger
8envelope, that shall include the completed certificate certificate-affidavit. The
9elector shall then mail the absentee ballot with postage prepaid to the municipal
10clerk. An absentee ballot received under this paragraph shall not be counted unless
11it is cast in the manner prescribed in this paragraph and in accordance with the
12instructions provided by the board.
AB11, s. 9 13Section 9. 6.87 (4) of the statutes is amended to read:
AB11,8,814 6.87 (4) Except as otherwise provided in s. 6.875, the elector voting absentee
15shall make and subscribe to the affidavit before a person authorized to administer
16oaths or make and subscribe to the
certification before one witness 2 witnesses. The
17absent elector, in the presence of the witness administrator of the oath or the 2
18witnesses
, shall mark or punch the ballot in a manner that will not disclose how the
19elector's vote is cast. The elector shall then, still in the presence of the witness
20administrator of the oath or the 2 witnesses, fold the ballots if they are paper ballots
21so each is separate and so that the elector conceals the markings thereon and deposit
22them in the proper envelope. If a consolidated ballot under s. 5.655 is used, the
23elector shall fold the ballot if it is a paper ballot so that the elector conceals the
24markings thereon and deposit the ballot in the proper envelope. The elector may
25receive assistance under sub. (5). The return envelope shall then be sealed. The

1witness administrator of the oath or the 2 witnesses may not be a candidate. The
2envelope shall be mailed by the elector, postage prepaid, or delivered in person, to the
3municipal clerk issuing the ballot or ballots. Failure to return an unused ballot in
4a primary does not invalidate the ballot on which the elector's votes are cast. Return
5of more than one marked or punched ballot in a primary or return of a ballot prepared
6under s. 5.655 or a ballot used with an electronic voting system in a primary which
7is marked or punched for candidates of more than one party invalidates all votes cast
8by the elector for candidates in the primary.
AB11, s. 10 9Section 10. 6.875 (6) of the statutes is amended to read:
AB11,9,2410 6.875 (6) Special voting deputies in each municipality shall, not later than 5
11p.m. on the Friday preceding an election, arrange one or more convenient times with
12the administrator of each nursing home or qualified retirement home and qualified
13community-based residential facility in the municipality from which one or more
14occupants have filed an application under s. 6.86 to conduct absentee voting for the
15election. The time may be no earlier than the 4th Monday preceding the election and
16no later than 5 p.m. on the Monday preceding the election. Upon request of a relative
17of an occupant of a nursing home or qualified retirement home or qualified
18community-based residential facility, the administrator may notify the relative of
19the time or times at which special voting deputies will conduct absentee voting at the
20home or facility, and permit the relative to be present in the room where the voting
21is conducted. At the designated time, 2 deputies appointed under sub. (4) shall visit
22the nursing home or qualified retirement home or qualified community-based
23residential facility. The municipal clerk or executive director of the board of election
24commissioners shall issue a supply of absentee ballots to the deputies sufficient to
25provide for the number of valid applications received by the clerk, and a reasonable

1additional number of ballots. The municipal clerk or executive director shall keep
2a careful record of all ballots issued to the deputies and shall require the deputies to
3return every ballot issued to them. The deputies shall personally offer each elector
4who has filed a proper application the opportunity to cast his or her absentee ballot.
5If an elector is present who has not filed a proper application, the 2 deputies may
6accept an application from the elector and shall issue a ballot to the elector if the
7elector is qualified and the application is proper. The deputies shall administer the
8oath and may, upon request of the elector, assist the elector in marking or punching
9the elector's ballot. Upon request of the elector, a relative of the elector who is present
10in the room may assist the elector in marking or punching the elector's ballot. All
11voting shall be conducted in the presence of the deputies. No individual other than
12a deputy may administer the oath and no individual other than a deputy or relative
13of an elector may render voting assistance to the elector. Upon completion of the
14voting, the deputies shall promptly deliver, either personally or by 1st class mail, any
15absentee ballot applications and the sealed certificate certificate-affidavit envelope
16containing each ballot to the clerk or board of election commissioners of the
17municipality in which the elector casting the ballot resides, within such time as will
18permit delivery to the polling place serving the elector's residence on election day.
19Personal delivery may be made by the deputies no later than noon on election day.
20If a qualified elector is not able to cast his or her ballot on 2 separate visits by the
21deputies to the nursing home or qualified retirement home, they shall so inform the
22municipal clerk or executive director of the board of election commissioners, who may
23then send the ballot to the elector no later than 5 p.m. on the Friday preceding the
24election.
AB11, s. 11 25Section 11. 6.88 (1) of the statutes is amended to read:
AB11,10,10
16.88 (1) When an absentee ballot arrives at the office of the municipal clerk,
2the clerk shall enclose it, unopened, in a carrier envelope which shall be securely
3sealed and endorsed with the name and official title of the clerk, and the words "This
4envelope contains the ballot of an absent elector and must be opened at the polls
5during polling hours on election day"." If the ballot was received by facsimile
6transmission or electronic mail and is accompanied by a separate certificate or
7affidavit
, the clerk shall enclose the ballot in a certificate certificate-affidavit
8envelope and securely append the completed certificate or affidavit to the outside of
9the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep
10the ballot in the clerk's office until delivered, as required in sub. (2).
AB11, s. 12 11Section 12. 6.88 (3) (a) of the statutes is amended to read:
AB11,11,212 6.88 (3) (a) Any time between the opening and closing of the polls on election
13day, the inspectors shall open the carrier envelope only, and announce the name of
14the absent elector or the identification serial number of the absent elector if the
15elector has a confidential listing under s. 6.47 (2). When the inspectors find that the
16certification or affidavit has been properly executed, the applicant is a qualified
17elector of the ward or election district, and the applicant has not voted in the election,
18they shall enter an indication on the poll or registration list next to the applicant's
19name indicating an absentee ballot is cast by the elector. They shall then open the
20envelope containing the ballot in a manner so as not to deface or destroy the affidavit
21or
certification thereon. The inspectors shall take out the ballot without unfolding
22it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95,
23the inspectors shall verify that the ballot has been endorsed by the issuing clerk. The
24inspectors shall deposit the ballot into the proper ballot box and enter the absent

1elector's name or voting number after his or her name on the poll or registration list
2the same as if the elector had been present and voted in person.
AB11, s. 13 3Section 13. 6.88 (3) (b) of the statutes is amended to read:
AB11,11,194 6.88 (3) (b) When the inspectors find that a an affidavit or certification is
5insufficient, that the applicant is not a qualified elector in the ward or election
6district, that the ballot envelope is open or has been opened and resealed, that the
7ballot envelope contains more than one ballot of any one kind or that the certificate
8or affidavit of an elector who received an absentee ballot by facsimile transmission
9or electronic mail is missing, or if proof is submitted to the inspectors that an elector
10voting an absentee ballot has since died, the inspectors shall not count the ballot.
11The inspectors shall endorse every ballot not counted on the back, "rejected (giving
12the reason)". The inspectors shall reinsert each rejected ballot into the certificate
13envelope in which it was delivered and enclose the certificate envelopes and ballots,
14and securely seal the ballots and envelopes in an envelope marked for rejected
15absentee ballots. The inspectors shall endorse the envelope, "rejected ballots" with
16a statement of the ward or election district and date of the election, signed by the chief
17inspector and one of the inspectors representing each of the 2 major political parties
18and returned to the municipal clerk in the same manner as official ballots voted at
19the election.
AB11, s. 14 20Section 14. 7.51 (3) (d) of the statutes is amended to read:
AB11,12,221 7.51 (3) (d) All absentee certificate certificate-affidavit envelopes which have
22been opened shall be returned by the inspectors to the municipal clerk in a securely
23sealed carrier envelope which is clearly marked "used absentee certificate
24certificate-affidavit envelopes". The envelopes shall be signed by the chief inspector
25and 2 other inspectors. Except when the ballots are used in a municipal or school

1district election only, the municipal clerk shall transmit the used envelopes to the
2county clerk.
AB11, s. 15 3Section 15. 9.01 (1) (b) 2. of the statutes is amended to read:
AB11,12,124 9.01 (1) (b) 2. The board of canvassers shall then examine the absentee ballot
5envelopes. Any defective absentee ballot envelopes shall be laid aside, properly
6marked and carefully preserved. The number of voters shall be reduced by the
7number of ballot envelopes set aside under this subdivision. An absentee ballot
8envelope is defective only if it is not properly sworn or witnessed or, if it is not signed
9by the voter, if the affidavit supporting the absentee ballot envelope has such a
10number of technical errors that the board of canvassers is doubtful of the legal effect
11of the affidavit,
or if the certificate or affidavit accompanying an absentee ballot that
12the voter received by facsimile transmission or electronic mail is missing.
AB11, s. 16 13Section 16. Initial applicability.
AB11,12,1514 (1) This act first applies to absentee ballots distributed to electors for the 2002
15September primary election.
AB11,12,1616 (End)
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