LRB-0580/1
JTK:kmg:jf
2003 - 2004 LEGISLATURE
April 8, 2003 - Introduced by Representatives Grothman, Kestell, Ainsworth,
Bies, Friske, Gottlieb, Gundrum, Hahn, Hines, Krawczyk, Ladwig,
McCormick, Owens, Stone, Suder, Ward and LeMahieu, cosponsored by
Senators Stepp, Lazich and Reynolds. Referred to Committee on Campaigns
and Elections.
AB249,1,1
1An Act to amend 6.85 and 6.87 (2) of the statutes;
relating to: absentee voting.
Analysis by the Legislative Reference Bureau
Under current law, any qualified elector who for any reason is unable or
unwilling to vote at a polling place may vote absentee.
This bill permits a qualified elector to obtain an absentee ballot only if the
elector will be absent from the municipality in which he or she is qualified to vote on
election day or cannot appear at the appropriate polling place because of age,
sickness, handicap, physical disability, jury duty, service as an election official, or
religious reasons. Under the bill, no elector under the age of 70 may qualify to obtain
an absentee ballot solely because of age.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB249, s. 1
2Section
1. 6.85 of the statutes is amended to read:
AB249,2,7
36.85 Absent elector; definition. An absent elector is any otherwise qualified
4elector who
for any reason is unable or unwilling to, for any reason, is or expects to
5be absent from the municipality in which the elector is a qualified elector on election
6day, or who, because of age, sickness, handicap, physical disability, jury duty, service
1as an election official, or religious reasons cannot appear at the polling place in his
2or her ward
or election district. No person under the age of 70 qualifies as an absent
3elector solely because of age. Any otherwise qualified elector who changes residence
4within this state by moving to a different ward or municipality later than 10 days
5prior to an election may vote an absentee ballot in the ward or municipality where
6he or she was qualified to vote before moving. An elector qualifying under this
7section may vote by absentee ballot under ss. 6.86 to 6.89.
AB249, s. 2
8Section
2. 6.87 (2) of the statutes is amended to read:
AB249,2,139
6.87
(2) Except as authorized under sub. (3) (d), the municipal clerk shall place
10the ballot in an unsealed envelope furnished by the clerk. The envelope shall have
11the name, official title
, and post-office address of the clerk upon its face. The other
12side of the envelope shall have a printed certificate in substantially the following
13form:
AB249,2,1414
[STATE OF ....
AB249,2,1515
County of ....]
AB249,2,1717
[(name of foreign country and city or other jurisdictional unit)]
AB249,3,718
I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false
19statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of
20the .... aldermanic district in the city of ...., residing at ....* in said city, the county
21of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at
22the election to be held on ....; that I am not voting at any other location in this election;
23that I
am unable or unwilling to cannot appear at the polling place in the (ward)
24(election district) on election day
because I expect to be absent from the municipality
25or because of age, sickness, handicap, physical disability, religious reasons, jury duty,
1or service as an election official, or
because I have changed my residence within the
2state from one ward or election district to another within 10 days before the election.
3I certify that I exhibited the enclosed ballot unmarked to the witness, that I then in
4(his) (her) presence and in the presence of no other person marked the ballot and
5enclosed and sealed the same in this envelope in such a manner that no one but
6myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I
7requested assistance, could know how I voted.
AB249,3,99
Identification serial number, if any: ....
AB249,3,1010
The witness shall execute the following:
AB249,3,1511
I, the undersigned witness, subject to the penalties of s. 12.60 (1) (b), Wis. Stats.,
12for false statements, certify that the above statements are true and the voting
13procedure was executed as there stated. I am not a candidate for any office on the
14enclosed ballot (except in the case of an incumbent municipal clerk). I did not solicit
15or advise the elector to vote for or against any candidate or measure.
AB249,3,1717
....(Address)**
AB249,3,1918
* — An elector who provides an identification serial number issued under s. 6.47
19(3), Wis. Stats., need not provide a street address.
AB249,3,2120
** — If this form is executed before 2 special voting deputies under s. 6.875 (6),
21Wis. Stats., both deputies shall witness and sign.
AB249,3,2423
(1) This act first applies to absentee ballots distributed to electors for the 2004
24September primary election.
