Analysis by the Legislative Reference Bureau
This bill modifies current law regarding the voting procedures for military and
overseas electors so that the law is in substantial compliance with the federal
Uniformed and Overseas Citizens Absentee Voting Act. The bill also modifies
current law so that an individual signing the witness certification for an absentee
ballot cast by a military elector or overseas elector need not be a United States
citizen.
The bill allows all overseas electors to receive absentee ballots electronically,
regardless of whether such electors are considered permanently or temporarily
overseas. Under the bill, an overseas elector is a U.S. citizen who is residing outside
of the United States, who is not disqualified from voting, who has attained or will
attain the age of 18 by the date of an election at which the citizen proposes to vote,

who was last domiciled in this state or whose parent was last domiciled in this state
immediately prior to the parent's departure from the United States, and who is not
registered to vote or voting in any other state, territory, or possession.
For further information see the state and 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:
AB947,1 1Section 1 . 5.02 (12n) of the statutes is created to read:
AB947,2,72 5.02 (12n) “Overseas elector" means a U.S. citizen who is residing outside of
3the United States, who is not disqualified from voting under s. 6.03, who has attained
4or will attain the age of 18 by the date of an election at which the citizen proposes to
5vote, who was last domiciled in this state or whose parent was last domiciled in this
6state immediately prior to the parent's departure from the United States, and who
7is not registered to vote or voting in any other state, territory, or possession.
AB947,2 8Section 2 . 5.05 (13) (c) of the statutes is amended to read:
AB947,2,129 5.05 (13) (c) The commission shall maintain a freely accessible system under
10which a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined
11in s. 6.34 (1) (b),
who casts an absentee ballot may ascertain whether the ballot has
12been received by the appropriate municipal clerk.
AB947,3 13Section 3 . 5.05 (13) (d) 1. of the statutes is amended to read:
AB947,2,1714 5.05 (13) (d) 1. To permit a military elector, as defined in s. 6.34 (1) (a), or an
15overseas elector, as defined in s. 6.34 (1) (b), to request a voter registration
16application or an application for an absentee ballot at any election at which the
17elector is qualified to vote in this state.
AB947,4 18Section 4 . 6.22 (2) (b) of the statutes is amended to read:
AB947,3,2
16.22 (2) (b) A military elector shall make and subscribe to the certification
2under s. 6.87 (2) before a witness who is an adult U.S. citizen.
AB947,5 3Section 5 . 6.22 (2) (e) of the statutes is amended to read:
AB947,3,104 6.22 (2) (e) A military elector may file an application for an absentee ballot by
5means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86
6(1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector
7an absentee ballot or, if the elector is a military elector, as defined in s. 6.34 (1) (a),
8and the elector so requests, shall transmit an absentee ballot to the elector by means
9of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3)
10(d).
AB947,6 11Section 6 . 6.22 (4) (a) of the statutes is amended to read:
AB947,3,1712 6.22 (4) (a) Upon receiving a timely request for an absentee ballot under par.
13(b) by an individual who qualifies as a military elector, the municipal clerk shall send
14or, if the individual is a military elector as defined in s. 6.34 (1) (a), shall transmit
15to the elector upon the elector's request an absentee ballot for all elections that occur
16in the municipality or portion thereof where the elector resides in the same calendar
17year in which the request is received, unless the individual otherwise requests.
AB947,7 18Section 7 . 6.22 (4) (c) of the statutes is amended to read:
AB947,3,2419 6.22 (4) (c) A military elector may indicate an alternate address on his or her
20absentee ballot application. If the elector's ballot is returned as undeliverable prior
21to the deadline for return of absentee ballots under s. 6.87 (6), and the elector remains
22eligible to receive absentee ballots under this section, the municipal clerk shall
23immediately send or, if the elector is a military elector as defined in s. 6.34 (1) (a),
24transmit an absentee ballot to the elector at the alternate address.
AB947,8 25Section 8 . 6.24 (2) of the statutes is amended to read:
AB947,4,7
16.24 (2) Eligibility. An overseas elector under sub. (1) may vote in any election
2for national office, including the partisan primary and presidential preference
3primary and any special primary or election. Such elector may not vote in an election
4for state or local office unless the elector qualifies as a resident of this state under
5s. 6.10
. An overseas elector shall vote in the ward or election district in which the
6elector was last domiciled or in which the elector's parent was last domiciled prior
7to departure from the United States.
AB947,9 8Section 9 . 6.24 (4) (c) of the statutes is amended to read:
AB947,4,239 6.24 (4) (c) Upon receipt of a timely application from an individual who
10qualifies as an overseas elector and who has registered to vote in a municipality
11under sub. (3), the municipal clerk of the municipality shall send, or if the individual
12is an overseas elector, as defined in s. 6.34 (1) (b), shall transmit an absentee ballot
13to the individual upon the individual's request for all subsequent elections for
14national office to be held during the year in which the ballot is requested, except as
15otherwise provided in this paragraph, unless the individual otherwise requests or
16until the individual no longer qualifies as an overseas elector of the municipality.
17The clerk shall not send an absentee ballot for an election if the overseas elector's
18name appeared on the registration list in eligible status for a previous election
19following the date of the application but no longer appears on the list in eligible
20status. The municipal clerk shall ensure that the envelope containing the absentee
21ballot is clearly marked as not forwardable. If an overseas elector who files an
22application under this subsection no longer resides at the same address that is
23indicated on the application form, the elector shall so notify the municipal clerk.
AB947,10 24Section 10 . 6.24 (4) (d) of the statutes is amended to read:
AB947,5,9
16.24 (4) (d) An overseas elector, regardless of whether the elector qualifies as
2a resident of this state under s. 6.10,
who is not registered may request both a
3registration form and an absentee ballot at the same time, and the municipal clerk
4shall send or transmit the ballot automatically if the registration form is received
5within the time prescribed in s. 6.28 (1). The commission shall prescribe a special
6certificate form for the envelope in which the absentee ballot for such overseas
7electors is contained, which shall be substantially similar to that provided under s.
86.87 (2). An The overseas elector shall make and subscribe to the special certificate
9form before a witness who is an adult U.S. citizen.
AB947,11 10Section 11 . 6.24 (4) (e) of the statutes is amended to read:
AB947,5,1811 6.24 (4) (e) An overseas elector, regardless of whether the elector qualifies as
12a resident of this state under s. 6.10,
may file an application for an absentee ballot
13by means of electronic mail or facsimile transmission in the manner prescribed in s.
146.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the
15elector an absentee ballot or, if the elector is an overseas elector, as defined in s. 6.34
16(1) (b) and the elector
so requests, shall transmit an absentee ballot to the elector by
17means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87
18(3) (d).
AB947,12 19Section 12 . 6.25 (1) (b) of the statutes is amended to read:
AB947,6,420 6.25 (1) (b) Any individual who qualifies as an overseas elector under s. 6.24
21(1)
, regardless of whether the elector qualifies as a resident of this state under s. 6.10,
22and who transmits an application for an official absentee ballot for an election for
23national office
, including a primary election, no later than the latest time specified
24for an elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in
25absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all

1candidates of any recognized political party for national office listed on the official
2ballot at that election, if the federal write-in absentee ballot is received by the
3appropriate municipal clerk no later than the applicable time prescribed in s. 6.87
4(6).
AB947,13 5Section 13 . 6.276 (1) of the statutes is amended to read:
AB947,6,76 6.276 (1) In this section, “military elector" and “overseas elector" have has the
7meanings meaning given in s. 6.34 (1).
AB947,14 8Section 14 . 6.34 (1) (intro.) and (a) of the statutes are consolidated,
9renumbered 6.34 (1) and amended to read:
AB947,6,1710 6.34 (1) In this section: (a) “Military, “military elector" means a member of a
11uniformed service on active duty who, by reason of that duty, is absent from the
12residence where the member is otherwise qualified to vote; a member of the
13merchant marine, as defined in s. 6.22 (1) (a), who by reason of service in the
14merchant marine, is absent from the residence where the member is otherwise
15qualified to vote; or the spouse or dependent of any such member who, by reason of
16the duty or service of the member, is absent from the residence where the spouse or
17dependent is otherwise qualified to vote.
AB947,15 18Section 15 . 6.34 (1) (b) of the statutes is repealed.
AB947,16 19Section 16 . 6.865 (1) of the statutes is amended to read:
AB947,6,2120 6.865 (1) In this section, “military elector" and "overseas elector" have has the
21meanings meaning given under s. 6.34 (1).
AB947,17 22Section 17 . 6.87 (2) of the statutes is amended to read:
AB947,7,1023 6.87 (2) Except as authorized under sub. (3) (d), the municipal clerk shall place
24the ballot in an unsealed envelope furnished by the clerk. The envelope shall have
25the name, official title and post-office address of the clerk upon its face. The other

1side of the envelope shall have a printed certificate which shall include a space for
2the municipal clerk or deputy clerk to enter his or her initials indicating that if the
3absentee elector voted in person under s. 6.86 (1) (ar), the elector presented proof of
4identification to the clerk and the clerk verified the proof presented. The certificate
5shall also include a space for the municipal clerk or deputy clerk to enter his or her
6initials indicating that the elector is exempt from providing proof of identification
7because the individual is a military elector or an overseas elector who does not
8qualify as a resident of this state under s. 6.10
or is exempted from providing proof
9of identification under sub. (4) (b) 2. or 3. The certificate shall be in substantially the
10following form:
AB947,7,1111 [STATE OF ....
AB947,7,1212 County of ....]
AB947,7,1414 [(name of foreign country and city or other jurisdictional unit)]
AB947,8,215 I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false
16statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of
17the .... aldermanic district in the city of ...., residing at ....* in said city, the county
18of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at
19the election to be held on ....; that I am not voting at any other location in this election;
20that I am unable or unwilling to appear at the polling place in the (ward) (election
21district) on election day or have changed my residence within the state from one ward
22or election district to another later than 28 days before the election. I certify that I
23exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her)
24presence and in the presence of no other person marked the ballot and enclosed and
25sealed the same in this envelope in such a manner that no one but myself and any

1person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance,
2could know how I voted.
AB947,8,33 Signed ....
AB947,8,44 Identification serial number, if any: ....
AB947,8,55 The witness shall execute the following:
AB947,8,116 I, the undersigned witness, subject to the penalties of s. 12.60 (1) (b), Wis.
7Stats., for false statements, certify that I am an adult U.S. citizen ** and that the
8above statements are true and the voting procedure was executed as there stated.
9I am not a candidate for any office on the enclosed ballot (except in the case of an
10incumbent municipal clerk). I did not solicit or advise the elector to vote for or against
11any candidate or measure.
AB947,8,1212 ....(Name Printed name)
AB947,8,1313 ....(Address)***
AB947,8,14 14Signed ....
AB947,8,1615 * — An elector who provides an identification serial number issued under s.
166.47 (3), Wis. Stats., need not provide a street address.
AB947,8,20 17** — An individual who serves as a witness for a military elector or an overseas
18elector voting absentee, regardless of whether the elector qualifies as a resident of
19this state under s. 6.10, Wis. Stats., need not be a U.S. citizen but must be 18 years
20of age or older.
AB947,8,2221 *** — If this form is executed before 2 special voting deputies under s. 6.875 (6),
22Wis. Stats., both deputies shall witness and sign.
AB947,18 23Section 18 . 6.87 (3) (d) of the statutes is amended to read:
AB947,9,1924 6.87 (3) (d) A municipal clerk shall, if the clerk is reliably informed by a military
25elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s. 6.34 (1) (b)

1regardless of whether the elector qualifies as a resident of this state under s. 6.10,
2of a facsimile transmission number or electronic mail address where the elector can
3receive an absentee ballot, transmit a facsimile or electronic copy of the elector's
4ballot to that elector in lieu of mailing under this subsection. An elector may receive
5an absentee ballot only if the elector is a military elector or an overseas elector under
6s. 6.34 (1)
and has filed a valid application for the ballot as provided in s. 6.86 (1).
7If the clerk transmits an absentee ballot to a military or overseas elector
8electronically, the clerk shall also transmit a facsimile or electronic copy of the text
9of the material that appears on the certificate envelope prescribed in sub. (2),
10together with instructions prescribed by the commission. The instructions shall
11require the military or overseas elector to make and subscribe to the certification as
12required under sub. (4) (b) and to enclose the absentee ballot in a separate envelope
13contained within a larger envelope, that shall include the completed certificate. The
14elector shall then affix sufficient postage unless the absentee ballot qualifies for
15mailing free of postage under federal free postage laws and shall mail the absentee
16ballot to the municipal clerk. Except as authorized in s. 6.97 (2), an absentee ballot
17received from a military or overseas elector who receives the ballot electronically
18shall not be counted unless it is cast in the manner prescribed in this paragraph and
19sub. (4) and in accordance with the instructions provided by the commission.
AB947,19 20Section 19 . 6.87 (4) (a) (intro.) and 1. of the statutes are consolidated,
21renumbered 6.87 (4) (a) and amended to read:
AB947,9,2322 6.87 (4) (a) In this subsection: 1. “Military, “military elector" has the meaning
23given in s. 6.34 (1) (a).
AB947,20 24Section 20 . 6.87 (4) (a) 2. of the statutes is repealed.
AB947,21 25Section 21 . 6.87 (4) (b) 1. of the statutes is amended to read:
AB947,11,6
16.87 (4) (b) 1. Except as otherwise provided in s. 6.875, the an elector voting
2absentee, other than a military elector or an overseas elector, shall make and
3subscribe to the certification before one witness who is an adult U.S. citizen. A
4military elector or an overseas elector, regardless of whether the elector qualifies as
5a resident of this state under s. 6.10, voting absentee shall make and subscribe to the
6certification before one witness who is an adult but who need not be a U.S. citizen.

7The absent elector, in the presence of the witness, shall mark the ballot in a manner
8that will not disclose how the elector's vote is cast. The elector shall then, still in the
9presence of the witness, fold the ballots so each is separate and so that the elector
10conceals the markings thereon and deposit them in the proper envelope. If a
11consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that the
12elector conceals the markings thereon and deposit the ballot in the proper envelope.
13If proof of residence under s. 6.34 is required and the document enclosed by the
14elector under this subdivision does not constitute proof of residence under s. 6.34, the
15elector shall also enclose proof of residence under s. 6.34 in the envelope. Except as
16provided in s. 6.34 (2m), proof of residence is required if the elector is not a military
17elector or an overseas elector and the elector registered by mail or by electronic
18application and has not voted in an election in this state. If the elector requested a
19ballot by means of facsimile transmission or electronic mail under s. 6.86 (1) (ac), the
20elector shall enclose in the envelope a copy of the request which bears an original
21signature of the elector. The elector may receive assistance under sub. (5). The
22return envelope shall then be sealed. The witness may not be a candidate. The
23envelope shall be mailed by the elector, or delivered in person, to the municipal clerk
24issuing the ballot or ballots. If the envelope is mailed from a location outside the
25United States, the elector shall affix sufficient postage unless the ballot qualifies for

1delivery free of postage under federal law. Failure to return an unused ballot in a
2primary does not invalidate the ballot on which the elector's votes are cast. Return
3of more than one marked ballot in a primary or return of a ballot prepared under s.
45.655 or a ballot used with an electronic voting system in a primary which is marked
5for candidates of more than one party invalidates all votes cast by the elector for
6candidates in the primary.
AB947,22 7Section 22 . 6.88 (1) of the statutes is amended to read:
AB947,11,238 6.88 (1) When an absentee ballot arrives at the office of the municipal clerk,
9or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it,
10unopened, in a carrier envelope which shall be securely sealed and endorsed with the
11name and official title of the clerk, and the words “This envelope contains the ballot
12of an absent elector and must be opened in the same room where votes are being cast
13at the polls during polling hours on election day or, in municipalities where absentee
14ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of
15absentee ballot canvassers under s. 7.52, stats.". If the elector is a military elector,
16as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s. 6.34 (1) (b)
17regardless of whether the elector qualifies as a resident of this state under s. 6.10,
18and the ballot was received by the elector by facsimile transmission or electronic mail
19and is accompanied by a separate certificate, the clerk shall enclose the ballot in a
20certificate envelope and securely append the completed certificate to the outside of
21the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep
22the ballot in the clerk's office or at the alternate site, if applicable until delivered, as
23required in sub. (2).
AB947,23 24Section 23 . 6.97 (1) of the statutes is amended to read:
AB947,13,6
16.97 (1) Whenever any individual who is required to provide proof of residence
2under s. 6.34 in order to be permitted to vote appears to vote at a polling place and
3cannot provide the required proof of residence, the inspectors shall offer the
4opportunity for the individual to vote under this section. Whenever any individual,
5other than a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as
6defined in s. 6.34 (1) (b),
or an elector who has a confidential listing under s. 6.47 (2),
7appears to vote at a polling place and does not present proof of identification under
8s. 6.79 (2), whenever required, the inspectors or the municipal clerk shall similarly
9offer the opportunity for the individual to vote under this section. If the individual
10wishes to vote, the inspectors shall provide the elector with an envelope marked
11“Ballot under s. 6.97, stats." on which the serial number of the elector is entered and
12shall require the individual to execute on the envelope a written affirmation stating
13that the individual is a qualified elector of the ward or election district where he or
14she offers to vote and is eligible to vote in the election. The inspectors shall, before
15giving the elector a ballot, write on the back of the ballot the serial number of the
16individual corresponding to the number kept at the election on the poll list or other
17list maintained under s. 6.79 and the notation “s. 6.97". If voting machines are used
18in the municipality where the individual is voting, the individual's vote may be
19received only upon an absentee ballot furnished by the municipal clerk which shall
20have the corresponding number from the poll list or other list maintained under s.
216.79 and the notation “s. 6.97" written on the back of the ballot by the inspectors
22before the ballot is given to the elector. When receiving the individual's ballot, the
23inspectors shall provide the individual with written voting information prescribed
24by the commission under s. 7.08 (8). The inspectors shall indicate on the list the fact
25that the individual is required to provide proof of residence or proof of identification

1under s. 6.79 (2) but did not do so. The inspectors shall notify the individual that he
2or she may provide proof of residence or proof of identification to the municipal clerk
3or executive director of the municipal board of election commissioners. The
4inspectors shall also promptly notify the municipal clerk or executive director of the
5name, address, and serial number of the individual. The inspectors shall then place
6the ballot inside the envelope and place the envelope in a separate carrier envelope.
AB947,24 7Section 24 . 7.15 (1) (cm) of the statutes is amended to read:
AB947,13,228 7.15 (1) (cm) Prepare official absentee ballots for delivery to electors requesting
9them, and except as provided in this paragraph, send an official absentee ballot to
10each elector who has requested a ballot by mail, and to each military elector, as
11defined in s. 6.34 (1) (a), and overseas elector, as defined in s. 6.34 (1) (b), who has
12requested a ballot by mail, electronic mail, or facsimile transmission no later than
13the 47th day before each partisan primary and general election and no later than the
1421st day before each other primary and election if the request is made before that
15day; otherwise, the municipal clerk shall send or transmit an official absentee ballot
16within one business day of the time the elector's request for such a ballot is received.
17The clerk shall send or transmit an absentee ballot for the presidential preference
18primary to each elector who has requested that ballot no later than the 47th day
19before the presidential preference primary if the request is made before that day, or,
20if the request is not made before that day, within one business day of the time the
21request is received. For purposes of this paragraph, “business day" means any day
22from Monday to Friday, not including a legal holiday under s. 995.20.
AB947,25 23Section 25 . 7.15 (1) (j) of the statutes is amended to read:
AB947,14,224 7.15 (1) (j) Send an absentee ballot automatically to each elector and send or
25transmit an absentee ballot to each military elector, as defined in s. 6.34 (1) (a), and

1each overseas elector, as defined in s. 6.34 (1) (b), making an authorized request
2therefor in accordance with s. 6.22 (4), 6.24 (4) (c), or 6.86 (2) or (2m).
AB947,14,33 (End)
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