LRB-3792/2
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2011 - 2012 LEGISLATURE
February 3, 2012 - Introduced by Representatives J. Ott, Stone, A. Ott, Petersen,
Ziegelbauer, Pridemore, Van Roy, Marklein, Strachota, Brooks, LeMahieu,
Rivard, Endsley, Kestell
and Bies, cosponsored by Senators Lazich,
Grothman
and Vukmir. Referred to Committee on Election and Campaign
Reform.
AB525,1,6 1An Act to repeal 6.87 (9); to amend 6.18, 6.86 (1) (ac), 6.86 (3) (a) 1., 6.869, 6.87
2(1), 6.87 (4) (b) 1., 6.87 (4) (b) 2., 6.87 (4) (b) 3., 6.87 (4) (b) 5., 6.88 (3) (a), 6.97
3(2), 6.97 (3), 7.08 (12) and 7.52 (3) (a); and to create 6.86 (6) of the statutes;
4relating to: return of absentee ballots, submittal of proof of identification with
5absentee ballot applications, and voting in person by electors who have voted
6by absentee ballot in the same election.
Analysis by the Legislative Reference Bureau
Currently, if a qualified elector casts an absentee ballot, whether by mail or in
person, the municipal clerk or board of election commissioners of the municipality
where the elector resides delivers the ballot in an absentee ballot envelope to the
polling place serving the elector's residence. There is no authorization for a
municipality to return an absentee ballot to an elector once the ballot has been cast.
The election inspectors (poll workers), upon receiving the absentee ballot of a
qualified elector, mark the poll list to indicate that the elector has voted when they
count the ballot. No elector is permitted to vote more than once in the same election.
If a municipality elects to canvass its absentee ballots centrally using a board of
absentee ballot canvassers, the board of absentee ballot canvassers marks a separate
poll list containing the names of the qualified electors of the municipality to indicate
the electors who have cast absentee ballots. The municipal board of canvassers is
then required to reconcile the poll list marked at each polling place with the poll list

marked by the board of absentee ballot canvassers to ensure that no person is
permitted to vote more than once. If the municipal board of canvassers finds that an
elector who has voted in person has also cast an absentee ballot, the absentee ballot
is void.
This bill provides that if an elector mails or personally delivers an absentee
ballot to the municipal clerk or board of election commissioners, the clerk or board
shall not return the ballot to the elector. The bill also provides that an elector who
mails or personally delivers an absentee ballot to the municipal clerk or board of
election commissioners at an election is not permitted to vote in person at the same
election on election day.
Currently, if a municipal clerk or board of election commissioners receives an
absentee ballot with an improperly completed certificate or with no certificate, the
clerk or board may return the ballot to the elector, inside the sealed envelope when
an envelope is received, together with a new envelope if necessary, whenever time
permits the elector to correct the defect and mail the ballot back to the clerk or board
by election day. This bill deletes this provision.
Currently, with certain exceptions, an individual who votes in an election must
present proof of identification in order to vote. The proof may consist of a number
of documents specified by law and must contain certain information specified by law.
An individual who votes by absentee ballot to whom the requirement applies must
generally enclose a copy of his or her proof of identification with his or her absentee
ballot application. However, if the individual requests an absentee ballot by
electronic mail or facsimile transmission, the individual instead provides a copy of
his or her proof of identification with his or her absentee ballot. This bill deletes the
procedure under which a copy of an individual's proof of identification is provided
with the individual's absentee ballot rather than with the individual's absentee
ballot application, thus requiring every individual to whom the identification
requirement applies to enclose a copy of his or her proof of identification with the
individual's absentee ballot application.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB525, s. 1 1Section 1. 6.18 of the statutes, as affected by 2011 Wisconsin Act 23, is
2amended to read:
AB525,3,13 36.18 Former residents. If ineligible to qualify as an elector in the state to
4which the elector has moved, any former qualified Wisconsin elector may vote an
5absentee ballot in the ward of the elector's prior residence in any presidential election
6occurring within 24 months after leaving Wisconsin by requesting an application

1form and returning it, properly executed, to the municipal clerk of the elector's prior
2Wisconsin residence. When requesting an application form for an absentee ballot,
3the applicant shall specify the applicant's eligibility for only the presidential ballot.
4Unless application is made under s. 6.86 (1) (ac), or the applicant is exempted from
5providing proof of identification under s. 6.87 (4) (b) 2. or 3., or the applicant is a
6military or overseas elector, the elector shall enclose a copy of his or her proof of
7identification or any authorized substitute document with his or her application.
8The municipal clerk shall verify that the name on the proof of identification conforms
9to the name on the application. The clerk shall not issue a ballot to an elector who
10is required to enclose a copy of proof of identification or an authorized substitute
11document with his or her application unless the copy is enclosed and the proof is
12verified by the clerk. The application form shall require the following information
13and be in substantially the following form:
AB525,3,1714 This form shall be returned to the municipal clerk's office. Application must be
15received in sufficient time for ballots to be mailed and returned prior to any
16presidential election at which applicant wishes to vote. Complete all statements in
17full.
AB525,3,1818 APPLICATION FOR PRESIDENTIAL
AB525,3,1919 ELECTOR'S ABSENTEE BALLOT
AB525,3,2020 (To be voted at the Presidential Election
AB525,3,2121 on November ...., .... (year)
AB525,4,522 I, .... hereby swear or affirm that I am a citizen of the United States, formerly
23residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County
24of .... for 28 consecutive days prior to leaving the State of Wisconsin. I, .... do solemnly
25swear or affirm that I do not qualify to register or vote under the laws of the State

1of ....(State you now reside in) where I am presently residing. A citizen must be a
2resident of: State ....(Insert time) County ....(Insert time) City, Town or Village
3....(Insert time), in order to be eligible to register or vote therein. I further swear or
4affirm that my legal residence was established in the State of ....(the State where you
5now reside) on .... Month .... Day .... Year.
AB525,4,66 Signed ....
AB525,4,77 Address ....(Present address)
AB525,4,88 ....(City) ....(State)
AB525,4,99 Subscribed and sworn to before me this .... day of .... .... (year)
AB525,4,1010 ....(Notary Public, or other officer authorized to administer oaths.)
AB525,4,1111 ....(County)
AB525,4,1212 My Commission expires
AB525,4,1313 MAIL BALLOT TO:
AB525,4,1414 NAME ....
AB525,4,1515 ADDRESS ....
AB525,4,1616 CITY .... STATE .... ZIP CODE ....
AB525,4,21 17Penalties for Violations. Whoever swears falsely to any absent elector affidavit
18under this section may be fined not more than $1,000 or imprisoned for not more than
196 months or both. Whoever intentionally votes more than once in an election may
20be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months
21or both.
AB525,4,2222 ....(Municipal Clerk)
AB525,4,2323 ....(Municipality)
AB525, s. 2 24Section 2. 6.86 (1) (ac) of the statutes, as affected by 2011 Wisconsin Act 75,
25is amended to read:
AB525,5,10
16.86 (1) (ac) Any elector qualifying under par. (a) may make written application
2to the municipal clerk for an official ballot by means of facsimile transmission or
3electronic mail. Any application under this paragraph need not contain a copy of the
4applicant's original signature. An elector requesting a ballot under this paragraph
5shall return with the voted ballot a copy of the request bearing an original signature
6of the elector as provided in s. 6.87 (4). Except as authorized in ss. 6.87 (4) (b) 2. to
75. and 6.875 (6), and notwithstanding s. 343.43 (1) (f), the elector shall transmit a
8copy of his or her proof of identification in the manner provided in s. 6.87 (1) unless
9the elector is a military elector or an overseas elector or the elector has a confidential
10listing under s. 6.47 (2).
AB525, s. 3 11Section 3. 6.86 (3) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 23,
12is amended to read:
AB525,6,313 6.86 (3) (a) 1. Any elector who is registered and who is hospitalized, may apply
14for and obtain an official ballot by agent. The agent may apply for and obtain a ballot
15for the hospitalized absent elector by presenting a form prescribed by the board and
16containing the required information supplied by the hospitalized elector and signed
17by that elector, unless the elector is unable to sign due to physical disability. In this
18case, the elector may authorize another elector to sign on his or her behalf. Any
19elector signing an application on another elector's behalf shall attest to a statement
20that the application is made on request and by authorization of the named elector,
21who is unable to sign the application due to physical disability. The agent shall
22present this statement along with all other information required under this
23subdivision. Except as authorized for an elector who has a confidential listing under
24s. 6.47 (2) or as authorized under s. 6.87 (4) (b) 4., the agent shall present any proof
25of identification required under sub. (1) (ar) and s. 6.87 (4) (b) 1. The form shall

1include a space for the municipal clerk or deputy clerk to enter his or her initials
2indicating that the agent presented proof of identification to the clerk on behalf of the
3elector.
AB525, s. 4 4Section 4. 6.86 (6) of the statutes is created to read:
AB525,6,85 6.86 (6) If an elector mails or personally delivers an absentee ballot to the
6municipal clerk, the municipal clerk shall not return the ballot to the elector. An
7elector who mails or personally delivers an absentee ballot to the municipal clerk at
8an election is not permitted to vote in person at the same election on election day.
AB525, s. 5 9Section 5. 6.869 of the statutes, as affected by 2011 Wisconsin Act 23, is
10amended to read:
AB525,6,21 116.869 Uniform instructions. The board shall prescribe uniform instructions
12for municipalities to provide to absentee electors. The instructions shall include the
13specific means of electronic communication that an absentee elector may use to file
14an application for an absentee ballot and, if the absentee elector is required to
15register, to request a registration form or change his or her registration. The
16instructions shall include information concerning whether proof of identification is
17required to be presented or enclosed under s. 6.86 (1) (ar) or 6.87 (4) (b) 1. The
18instructions shall also include information concerning the procedure for correcting
19errors in marking a ballot and obtaining a replacement for a spoiled ballot. The
20procedure shall, to the extent possible, respect the privacy of each elector and
21preserve the confidentiality of each elector's vote.
AB525, s. 6 22Section 6. 6.87 (1) of the statutes, as affected by 2011 Wisconsin Act 23, is
23amended to read:
AB525,7,1024 6.87 (1) Upon proper request made within the period prescribed in s. 6.86, the
25municipal clerk or a deputy clerk authorized by the municipal clerk shall write on

1the official ballot, in the space for official endorsement, the clerk's initials and official
2title. Unless application is made under s. 6.86 (1) (ac) or in person under s. 6.86 (1)
3(ar), the absent elector is exempted from providing proof of identification under sub.
4(4) (b) 2. or 3., or the applicant is a military or overseas elector, the absent elector shall
5enclose a copy of his or her proof of identification or any authorized substitute
6document with his or her application. The municipal clerk shall verify that the name
7on the proof of identification conforms to the name on the application. The clerk shall
8not issue an absentee ballot to an elector who is required to enclose a copy of proof
9of identification or an authorized substitute document with his or her application
10unless the copy is enclosed and the proof is verified by the clerk.
AB525, s. 7 11Section 7. 6.87 (4) (b) 1. of the statutes, as affected by 2011 Wisconsin Act 23,
12is amended to read:
AB525,8,1813 6.87 (4) (b) 1. Except as otherwise provided in s. 6.875, the elector voting
14absentee shall make and subscribe to the certification before one witness who is an
15adult U.S. citizen. The absent elector, in the presence of the witness, shall mark the
16ballot in a manner that will not disclose how the elector's vote is cast. The elector
17shall then, still in the presence of the witness, fold the ballots so each is separate and
18so that the elector conceals the markings thereon and deposit them in the proper
19envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the
20ballot so that the elector conceals the markings thereon and deposit the ballot in the
21proper envelope. Except as authorized in subds. 2. and 5. and s. 6.875 (6) and
22notwithstanding s. 343.43 (1) (f), if the elector has not enclosed a copy of his or her
23proof of identification with his or her application, the elector shall enclose a copy of
24the proof of identification in the manner provided in sub. (1) in the envelope, unless
25the elector is a military elector or an overseas elector or the elector has a confidential

1listing under s. 6.47 (2).
If proof of residence under s. 6.34 is required and the
2document enclosed by the elector under this subdivision does not constitute proof of
3residence under s. 6.34, the elector shall also enclose proof of residence under s. 6.34
4in the envelope. Proof of residence is required if the elector is not a military elector
5or an overseas elector and the elector registered by mail and has not voted in an
6election in this state. If the elector requested a ballot by means of facsimile
7transmission or electronic mail under s. 6.86 (1) (ac), the elector shall enclose in the
8envelope a copy of the request which bears an original signature of the elector. The
9elector may receive assistance under sub. (5). The return envelope shall then be
10sealed. The witness may not be a candidate. The envelope shall be mailed by the
11elector, or delivered in person, to the municipal clerk issuing the ballot or ballots.
12If the envelope is mailed from a location outside the United States, the elector shall
13affix sufficient postage unless the ballot qualifies for delivery free of postage under
14federal law. Failure to return an unused ballot in a primary does not invalidate the
15ballot on which the elector's votes are cast. Return of more than one marked ballot
16in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an
17electronic voting system in a primary which is marked for candidates of more than
18one party invalidates all votes cast by the elector for candidates in the primary.
AB525, s. 8 19Section 8. 6.87 (4) (b) 2. of the statutes, as created by 2011 Wisconsin Act 23,
20is amended to read:
AB525,9,221 6.87 (4) (b) 2. Unless subd. 3. applies, if the absentee elector has applied for and
22qualified to receive absentee ballots automatically under s. 6.86 (2) (a), the elector
23may, in lieu of providing a copy of proof of identification as required under subd. 1.,
24submit with his or her absentee ballot a statement signed by the same individual who

1witnesses voting of the ballot which contains the name and address of the elector and
2verifies that the name and address are correct.
AB525, s. 9 3Section 9. 6.87 (4) (b) 3. of the statutes, as created by 2011 Wisconsin Act 23,
4is amended to read:
AB525,9,95 6.87 (4) (b) 3. If the absentee elector has received an absentee ballot from the
6municipal clerk by mail for a previous election, has provided a copy of proof of
7identification as required under subd. 1. with that ballot, and has not changed his
8or her name or address since providing that proof of identification, the elector is not
9required to provide a copy of the proof of identification required under subd. 1.
AB525, s. 10 10Section 10. 6.87 (4) (b) 5. of the statutes, as created by 2011 Wisconsin Act 23,
11is amended to read:
AB525,9,2412 6.87 (4) (b) 5. Unless subd. 3. or 4. applies, if the absentee elector resides in a
13qualified retirement home, as defined in s. 6.875 (1) (at), a qualified
14community-based residential facility, as defined in s. 6.875 (1) (as), a residential care
15apartment complex that is certified or registered under s. 50.034 (1), or an adult
16family home that is certified under s. 50.032 or licensed under s. 50.033 and the
17municipal clerk or board of election commissioners of the municipality where the
18complex, facility, or home is located does not send special voting deputies to visit the
19complex, facility, or home at the election under s. 6.875, the elector may, in lieu of
20providing proof of identification required under subd. 1., submit with his or her
21absentee ballot a statement signed by the same individual who witnesses voting of
22the ballot that contains the certification of an authorized representative of the
23complex, facility, or home that the elector resides in the complex, facility, or home and
24the complex, facility, or home is certified or registered as required by law, that

1contains the name and address of the elector, and that verifies that the name and
2address are correct.
AB525, s. 11 3Section 11. 6.87 (9) of the statutes is repealed.
AB525, s. 12 4Section 12. 6.88 (3) (a) of the statutes, as affected by 2011 Wisconsin Act 23,
5is amended to read:
AB525,11,56 6.88 (3) (a) Except in municipalities where absentee ballots are canvassed
7under s. 7.52, at any time between the opening and closing of the polls on election day,
8the inspectors shall, in the same room where votes are being cast, in such a manner
9that members of the public can hear and see the procedures, open the carrier
10envelope only, and announce the name of the absent elector or the identification
11serial number of the absent elector if the elector has a confidential listing under s.
126.47 (2). When the inspectors find that the certification has been properly executed,
13the applicant is a qualified elector of the ward or election district, and the applicant
14has not voted in the election, they shall enter an indication on the poll list next to the
15applicant's name indicating an absentee ballot is cast by the elector. They shall then
16open the envelope containing the ballot in a manner so as not to deface or destroy the
17certification thereon. The inspectors shall take out the ballot without unfolding it
18or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95,
19the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If
20the poll list indicates that proof of residence under s. 6.34 is required and no proof
21of residence is enclosed or the name or address on the document that is provided is
22not the same as the name and address shown on the poll list, or if the elector is not
23a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s.
246.34 (1) (b), and the elector is required to provide a copy of proof of identification
25under s. 6.87 (4) (b) 1. and no copy of the proof of identification is enclosed or the name

1on the document cannot be verified by the inspectors,
the inspectors shall proceed as
2provided under s. 6.97 (2). The inspectors shall then deposit the ballot into the proper
3ballot box and enter the absent elector's name or voting number after his or her name
4on the poll list in the same manner as if the elector had been present and voted in
5person.
AB525, s. 13 6Section 13. 6.97 (2) of the statutes, as affected by 2011 Wisconsin Act 23, is
7amended to read:
AB525,12,28 6.97 (2) Whenever any individual who votes by absentee ballot is required to
9provide proof of residence in order to be permitted to vote and does not provide the
10required proof of residence under s. 6.34, the inspectors shall treat the ballot as a
11provisional ballot under this section. Whenever any individual, other than a military
12elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s. 6.34 (1) (b),
13an individual who has a confidential listing under s. 6.47 (2), or an individual who
14is exempted under s. 6.87 (4) or s. 6.875 (6), votes by absentee ballot and does not
15enclose a copy of the proof of identification under s. 6.87 (4) (b) 1., the inspectors shall
16similarly treat the ballot as a provisional ballot under this section.
Upon removing
17the ballot from the envelope, the inspectors shall write on the back of the ballot the
18serial number of the individual corresponding to the number kept at the election on
19the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". The
20inspectors shall indicate on the list the fact that the individual is required to provide
21proof of residence or to provide, or provide a copy of, proof of identification as required
22under s. 6.87 (4) (b) 1. but did not do so. The inspectors shall promptly notify the
23municipal clerk or executive director of the municipal board of election
24commissioners of the name, address, and serial number of the individual. The
25inspectors shall then place the ballot inside an envelope on which the name and

1serial number of the elector is entered and shall place the envelope in a separate
2carrier envelope.
AB525, s. 14 3Section 14. 6.97 (3) of the statutes, as affected by 2011 Wisconsin Act 23, is
4amended to read:
AB525,12,155 6.97 (3) (a) Whenever an elector who votes by provisional ballot under sub. (1)
6or (2) because the elector does not provide proof of identification or a copy thereof
7under s. 6.79 (2), or 6.86 (1) (ar), or s. 6.87 (4) (b) 1. later appears at the polling place
8where the ballot is cast before the closing hour and provides the proof of identification
9or a copy thereof, the inspectors shall remove the elector's ballot from the separate
10carrier envelope, shall note on the poll list that the elector's provisional ballot is
11withdrawn, and shall deposit the elector's ballot in the ballot box. If the inspectors
12have notified the municipal clerk or executive director of the board of election
13commissioners that the elector's ballot was cast under this section, the inspectors
14shall notify the clerk or executive director that the elector's provisional ballot is
15withdrawn.
AB525,13,1016 (b) Whenever the municipal clerk or executive director of the municipal board
17of election commissioners is informed by the inspectors that a ballot has been cast
18under this section, the clerk or executive director shall promptly provide written
19notice to the board of canvassers of each municipality, special purpose district, and
20county that is responsible for canvassing the election of the number of ballots cast
21under this section in each ward or election district. The municipal clerk or executive
22director then shall determine whether each individual voting under this section is
23qualified to vote in the ward or election district where the individual's ballot is cast.
24If the elector is required to provide proof of identification or a copy thereof under s.
256.79 (2), or 6.86 (1) (ar), or 6.87 (4) (b) 1. and fails to do so, the elector bears the burden

1of correcting the omission by providing the proof of identification or copy thereof at
2the polling place before the closing hour or at the office of the municipal clerk or board
3of election commissioners no later than 4 p.m. on the Friday after the election. The
4municipal clerk or executive director shall make a record of the procedure used to
5determine the validity of each ballot cast under this section. If, prior to 4 p.m. on the
6Friday after the election, the municipal clerk or executive director determines that
7the individual is qualified to vote in the ward or election district where the
8individual's ballot is cast, the municipal clerk or executive director shall notify the
9board of canvassers for each municipality, special purpose district and county that
10is responsible for canvassing the election of that fact.
AB525,13,1511 (c) A ballot cast under this section by an elector for whom proof of identification
12or a copy thereof is required under s. 6.79 (2), or 6.86 (1) (ar), or 6.87 (4)(b) 1. shall
13not be counted unless the municipal clerk or executive director of the board of
14election commissioners provides timely notification that the elector has provided
15proof of identification or a copy thereof under this section.
AB525, s. 15 16Section 15. 7.08 (12) of the statutes, as created by 2011 Wisconsin Act 23, is
17amended to read:
AB525,13,2218 7.08 (12) Assistance in obtaining proof of identification. Engage in outreach
19to identify and contact groups of electors who may need assistance in obtaining or
20renewing a document that constitutes proof of identification for voting under s. 6.79
21(2) (a), 6.86 (1) (ar), or 6.87 (4) (b) 1., and provide assistance to the electors in
22obtaining or renewing that document.
AB525, s. 16 23Section 16. 7.52 (3) (a) of the statutes, as affected by 2011 Wisconsin Act 23,
24is amended to read:
AB525,14,25
17.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier
2envelope only, and, in such a manner that a member of the public, if he or she desired,
3could hear, announce the name of the absent elector or the identification serial
4number of the absent elector if the elector has a confidential listing under s. 6.47 (2).
5When the board of absentee ballot canvassers finds that the certification has been
6properly executed and the applicant is a qualified elector of the ward or election
7district, the board of absentee ballot canvassers shall enter an indication on the poll
8list next to the applicant's name indicating an absentee ballot is cast by the elector.
9The board of absentee ballot canvassers shall then open the envelope containing the
10ballot in a manner so as not to deface or destroy the certification thereon. The board
11of absentee ballot canvassers shall take out the ballot without unfolding it or
12permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the
13board of absentee ballot canvassers shall verify that the ballot has been endorsed by
14the issuing clerk. If the poll list indicates that proof of residence is required and no
15proof of residence is enclosed or the name or address on the document that is provided
16is not the same as the name and address shown on the poll list, or if the elector is not
17a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s.
186.34 (1) (b), and the elector is required to provide, or to provide a copy of, proof of
19identification under s. 6.87 (4) (b) 1. and no copy of the proof of identification is
20enclosed or the name on the document cannot be verified by the canvassers,
the board
21of absentee ballot canvassers shall proceed as provided under s. 6.97 (2). The board
22of absentee ballot canvassers shall mark the poll list number of each elector who
23casts an absentee ballot on the back of the elector's ballot. The board of absentee
24ballot canvassers shall then deposit the ballot into the proper ballot box and enter
25the absent elector's name or poll list number after his or her name on the poll list.
AB525, s. 17
1Section 17. Initial applicability.
AB525,15,5 2(1) The treatment of sections 6.18, 6.86 (1) (ac) and (3) (a) 1., 6.869, 6.87 (1) and
3(4) (b) 1., 2., 3., and 5., 6.88 (3) (a), 6.97 (2) and (3), 7.08 (12), and 7.52 (3) (a) of the
4statutes first applies with respect to absentee ballot applications filed on the effective
5date of this subsection.".
AB525,15,66 (End)
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