Amendment SA5-AB63

AB63-SA5,14,2 " Section 25a. 6.869 of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

AB63-SA5,14,6 6.869 Uniform instructions. The board shall prescribe uniform instructions for absentee voters. The instructions shall include information concerning whether a copy of identification is required to be submitted and, if so, the form of identification that is required.".

AB63-SA5,14,7 29. Page 17, line 13: after that line insert:

AB63-SA5,14,9 " Section 26a. 6.87 (3) (d) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

AB63-SA5,15,4 6.87 (3) (d) A municipal clerk of a municipality may, if the clerk is reliably informed by an absent elector of a facsimile transmission number or electronic mail address where the elector can receive an absentee ballot, transmit a facsimile or electronic copy of the absent elector's ballot to that elector in lieu of mailing under this subsection if, in the judgment of the clerk, the time required to send the ballot through the mail may not be sufficient to enable return of the ballot by the time provided under sub. (6). An elector may receive an absentee ballot under this subsection only if the elector has filed a valid application for the ballot under sub. (1). If the clerk transmits an absentee ballot under this paragraph, the clerk shall also transmit a facsimile or electronic copy of the text of the material that appears on the certificate envelope prescribed in sub. (2), together with instructions prescribed by the board. The instructions shall require the absent elector to make and subscribe to the certification as required under sub. (4) and to enclose the absentee ballot in a separate envelope contained within a larger envelope, that shall include the completed certificate. The elector shall then mail the absentee ballot with postage prepaid to the municipal clerk. Except as authorized in s. 6.97 (2), an absentee ballot received under this paragraph shall not be counted unless it is cast in the manner prescribed in this paragraph and in accordance with the instructions provided by the board.".

AB63-SA5,15,5 30. Page 19, line 6: after that line insert:

AB63-SA5,15,7 " Section 28a. 6.87 (4) (a) of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed.

AB63-SA5, s. 28b Section 28b. 6.87 (4) (b) 1. of the statutes, as affected by 2005 Wisconsin Act .... (this act), is renumbered 6.87 (4) and amended to read:

AB63-SA5,16,12 6.87 (4) Except as otherwise provided in s. 6.875, the elector voting absentee shall make and subscribe to the certification before one witness. The absent elector, in the presence of the witness, shall mark the ballot in a manner that will not disclose how the elector's vote is cast. The elector shall then, still in the presence of the witness, fold the ballots so each is separate and so that the elector conceals the markings thereon and deposit them in the proper envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that the elector conceals the markings thereon and deposit the ballot in the proper envelope. Except as authorized in subds. 2. to 5. and s. 6.875 (6) notwithstanding s. 343.43 (1) (f), the elector shall enclose a copy of the license or identification card required under s. 6.86 (1) (ar) in the envelope, unless the elector is a military elector or an overseas elector or the elector has a confidential listing under s. 6.47 (2). If the elector has registered by mail and has not, or is not certain whether the elector has, previously voted in an election for national office in this state identification is required and the document enclosed by the elector under this subdivision does not constitute identification, the elector shall also enclose identification in the envelope. Identification is required if the elector is not a military elector or an overseas elector, as defined in s. 6.36 (2) (c), and the elector registered by mail and has not voted in an election for national office in this state. The elector may receive assistance under sub. (5). The return envelope shall then be sealed. The witness may not be a candidate. The envelope shall be mailed by the elector, postage prepaid, or delivered in person, to the municipal clerk issuing the ballot or ballots. Failure to return an unused ballot in a primary does not invalidate the ballot on which the elector's votes are cast. Return of more than one marked ballot in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an electronic voting system in a primary which is marked for candidates of more than one party invalidates all votes cast by the elector for candidates in the primary.".

AB63-SA5,16,13 31. Page 20, line 14: after that line insert:

AB63-SA5,16,15 " Section 29a. 6.87 (4) (b) 2. to 5. of the statutes, as created by 2005 Wisconsin Act .... (this act), are repealed.".

AB63-SA5,16,16 32. Page 20, line 17: after that line insert:

AB63-SA5,16,18 " Section 29d. 6.875 (title) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

AB63-SA5,16,20 6.875 (title) Absentee voting in nursing and retirement homes and certain community-based residential facilities.".

AB63-SA5,16,21 33. Page 20, line 24: after that line insert:

AB63-SA5,16,23 " Section 29n. 6.875 (1) (ap) and (asm) of the statutes, as created by 2005 Wisconsin Act .... (this act), are repealed.".

AB63-SA5,16,24 34. Page 21, line 4: after that line insert:

AB63-SA5,17,2 " Section 29q. 6.875 (2) (a) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

AB63-SA5,17,5 6.875 (2) (a) The procedures prescribed in this section are the exclusive means of absentee voting for electors who are occupants of nursing homes, qualified community-based residential facilities or qualified retirement homes.".

AB63-SA5,17,6 35. Page 21, line 16: after that line insert:

AB63-SA5,17,8 " Section 29s. 6.875 (2) (d) of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed.".

AB63-SA5,17,9 36. Page 23, line 17: after that line insert:

AB63-SA5,17,11 " Section 29v. 6.875 (3) and (4) of the statutes, as affected by 2005 Wisconsin Act .... (this act), are repealed and recreated to read:

AB63-SA5,18,5 6.875 (3) An occupant of a nursing home or qualified retirement home or qualified community-based residential facility who qualifies as an absent elector and desires to receive an absentee ballot shall make application under s. 6.86 (1) or (2) with the municipal clerk or board of election commissioners of the municipality in which the elector is a resident. The clerk or board of election commissioners of a municipality receiving an application from an elector who is an occupant of a nursing home or qualified retirement home or qualified community-based residential facility located in a different municipality shall, as soon as possible, notify and transmit an absentee ballot for the elector to the clerk or board of election commissioners of the municipality in which the home or qualified community-based residential facility is located. The clerk or board of election commissioners of a municipality receiving an application from an elector who is an occupant of a nursing home or qualified retirement home or qualified community-based residential facility located in the municipality but who is a resident of a different municipality shall, as soon as possible, notify and request transmission of an absentee ballot from the clerk or board of election commissioners of the municipality in which the elector is a resident. The clerk or board of election commissioners shall make a record of all absentee ballots to be transmitted, delivered and voted under this section.

AB63-SA5,19,4 (4) For the purpose of absentee voting in nursing homes and qualified retirement homes and qualified community-based residential facilities, the municipal clerk or board of election commissioners of each municipality in which one or more nursing homes or qualified retirement homes or qualified community-based residential facilities are located shall appoint at least 2 special voting deputies for the municipality. Upon application under s. 6.86 (1) or (2) by one or more qualified electors who are occupants of such a nursing home or qualified retirement home or qualified community-based residential facility, the clerk or board of election commissioners shall dispatch 2 special voting deputies to visit the home or qualified community-based residential facility for the purpose of supervising absentee voting procedure by occupants of the home or qualified community-based residential facility. The 2 deputies designated to visit each nursing home or qualified retirement home and qualified community-based residential facility shall be affiliated with different political parties whenever deputies representing different parties are available. Nominations for deputy positions may be submitted by the 2 recognized political parties whose candidates for governor or president received the greatest numbers of votes in the municipality at the most recent general election. The deputies shall be specially appointed to carry out duties under this section for the period specified in s. 7.30 (6) (a). The clerk or board of election commissioners may revoke an appointment at any time. No individual who is employed or retained, or within the 2 years preceding appointment has been employed or retained at a nursing home or qualified retirement home or qualified community-based residential facility in the municipality, or any member of the immediate family of such an individual as defined in s. 19.42 (7), may be appointed to serve as a deputy.".

AB63-SA5,19,5 37. Page 25, line 18: after that line insert:

AB63-SA5,19,7 " Section 30a. 6.875 (6) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

AB63-SA5,20,21 6.875 (6) Special voting deputies in each municipality shall, not later than 5 p.m. on the Friday preceding an election, arrange one or more convenient times with the administrator of each nursing home, qualified retirement home, and qualified community-based residential facility, in the municipality from which one or more occupants have filed an application under s. 6.86 to conduct absentee voting for the election. The time may be no earlier than the 4th Monday preceding the election and no later than 5 p.m. on the Monday preceding the election. Upon request of a relative of an occupant of a nursing home or qualified retirement home or qualified community-based residential facility, the administrator may notify the relative of the time or times at which special voting deputies will conduct absentee voting at the home or facility, and permit the relative to be present in the room where the voting is conducted. At the designated time, 2 deputies appointed under sub. (4) shall visit the home or facility. The municipal clerk or executive director of the board of election commissioners shall issue a supply of absentee ballots to the deputies sufficient to provide for the number of valid applications received by the clerk, and a reasonable additional number of ballots. The municipal clerk or executive director shall keep a careful record of all ballots issued to the deputies and shall require the deputies to return every ballot issued to them. The deputies shall personally offer each elector who has filed a proper application the opportunity to cast his or her absentee ballot. If an elector is present who has not filed a proper application, the 2 deputies may accept an application from the elector and shall issue a ballot to the elector if the elector is qualified and the application is proper. The deputies shall each witness the certification and may, upon request of the elector, assist the elector in marking the elector's ballot. Upon request of the elector, a relative of the elector who is present in the room may assist the elector in marking the elector's ballot. All voting shall be conducted in the presence of the deputies. No individual other than a deputy may witness the certification and no individual other than a deputy or relative of an elector may render voting assistance to the elector. Upon completion of the voting, the deputies shall promptly deliver, either personally or by 1st class mail, any absentee ballot applications and the sealed certificate envelope containing each ballot to the clerk or board of election commissioners of the municipality in which the elector casting the ballot resides, within such time as will permit delivery to the polling place serving the elector's residence on election day. Personal delivery may be made by the deputies no later than noon on election day. If a qualified elector is not able to cast his or her ballot on 2 separate visits by the deputies to the home or facility, they shall so inform the municipal clerk or executive director of the board of election commissioners, who may then send the ballot to the elector no later than 5 p.m. on the Friday preceding the election.".

AB63-SA5,20,22 38. Page 26, line 16: after that line insert:

AB63-SA5,20,24 " Section 31a. 6.88 (3) (a) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

AB63-SA5,21,18 6.88 (3) (a) Any time between the opening and closing of the polls on election day, the inspectors shall open the carrier envelope only, and announce the name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47 (2). When the inspectors find that the certification has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, they shall enter an indication on the poll list next to the applicant's name indicating an absentee ballot is cast by the elector. They shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The inspectors shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If the poll list indicates that identification is required and no identification is enclosed or the name or address on the document that is provided is not the same as the name and address shown on the poll list, the inspectors shall proceed as provided under s. 6.97 (2). The inspectors shall then deposit the ballot into the proper ballot box and enter the absent elector's name or voting number after his or her name on the poll list in the same manner as if the elector had been present and voted in person.".

AB63-SA5,21,19 39. Page 27, line 12: after that line insert:

AB63-SA5,21,21 " Section 32a. 6.965 of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed.".

AB63-SA5,21,22 40. Page 29, line 13: after that line insert:

AB63-SA5,21,24 " Section 33a. 6.97 (1) and (2) of the statutes, as affected by 2005 Wisconsin Act .... (this act), are repealed and recreated to read:

AB63-SA5,22,25 6.97 (1) Whenever any individual who is required to provide identification in order to be permitted to vote appears to vote at a polling place and cannot provide the required identification, the inspectors shall offer the opportunity for the individual to vote under this section. If the individual wishes to vote, the inspectors shall provide the elector with an envelope marked "Ballot under s. 6.97, stats." on which the serial number of the elector is entered and shall require the individual to execute on the envelope a written affirmation stating that the individual is a qualified elector of the ward or election district where he or she offers to vote and is eligible to vote in the election. The inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". If voting machines are used in the municipality where the individual is voting, the individual's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding number from the poll list or other list maintained under s. 6.79 and the notation "s. 6.97" written on the back of the ballot by the inspectors before the ballot is given to the elector. When receiving the individual's ballot, the inspectors shall provide the individual with written voting information prescribed by the board under s. 7.08 (8). The inspectors shall indicate on the list the fact that the individual is required to provide identification but did not do so. The inspectors shall notify the individual that he or she may provide identification to the municipal clerk or executive director of the municipal board of election commissioners. The inspectors shall also promptly notify the municipal clerk or executive director of the name, address, and serial number of the individual. The inspectors shall then place the ballot inside the envelope and place the envelope in a separate carrier envelope.

AB63-SA5,23,11 (2) Whenever any individual who votes by absentee ballot is required to provide identification in order to be permitted to vote and does not provide the required identification, the inspectors shall write on the back of the absentee ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". The inspectors shall indicate on the list the fact that the individual is required to provide identification but did not do so. The inspectors shall promptly notify the municipal clerk or executive director of the municipal board of election commissioners of the name, address, and serial number of the individual. The inspectors shall then place the ballot inside an envelope on which the name and serial number of the elector is entered and shall place the envelope in a separate carrier envelope.".

AB63-SA5,23,12 41. Page 31, line 2: after that line insert:

AB63-SA5,23,14 " Section 35a. 6.97 (3) (a) and (c) of the statutes, as created by 2005 Wisconsin Act .... (this act), are repealed.

AB63-SA5, s. 35b Section 35b. 6.97 (3) (b) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is renumbered 6.97 (3) and amended to read:

AB63-SA5,24,12 6.97 (3) Whenever the municipal clerk or executive director of the municipal board of election commissioners is informed by the inspectors that a ballot has been cast under this section, the clerk or executive director shall promptly provide written notice to the board of canvassers of each municipality, special purpose district, and county that is responsible for canvassing the election of the number of ballots cast under this section in each ward or election district. The municipal clerk or executive director then shall determine whether each individual voting under this section is qualified to vote in the ward or election district where the individual's ballot is cast. If the elector is required to provide a license or identification card or copy thereof under s. 6.79 (2) or 6.86 (1) (ar) and fails to do so, the elector bears the burden of correcting the omission by providing the license or identification card or copy thereof at the polling place before the closing hour or at the office of the municipal clerk or board of election commissioners no later than 4 p.m. on the day after the election. The municipal clerk or executive director shall make a record of the procedure used to determine the validity of each ballot cast under this section. If, prior to 4 p.m. on the day after the election, the municipal clerk or executive director determines that the individual is qualified to vote in the ward or election district where the individual's ballot is cast, the municipal clerk or executive director shall notify the board of canvassers for each municipality, special purpose district and county that is responsible for canvassing the election of that fact.".

AB63-SA5,24,13 42. Page 31, line 5: after that line insert:

AB63-SA5,24,15 " Section 36a. 7.08 (8) (title) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

AB63-SA5,24,17 7.08 (8) (title) Electors voting without identification or pursuant to court order.".

AB63-SA5,24,18 43. Page 31, line 18: after that line insert:

AB63-SA5,24,20 " Section 37a. 10.02 (3) (a) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

AB63-SA5,25,5 10.02 (3) (a) Upon entering the polling place and before being permitted to vote, an elector shall state his or her name and address and provide identification if required by federal law. Where ballots are distributed to electors, the initials of 2 inspectors must appear on the ballot. Upon being permitted to vote, the elector shall retire alone to a voting booth or machine and cast his or her ballot, except that an elector who is a parent or guardian may be accompanied by the elector's minor child or minor ward. An election official may inform the elector of the proper manner for casting a vote, but the official may not in any manner advise or indicate a particular voting choice.".

AB63-SA5,25,6 44. Page 31, line 23: after that line insert:

AB63-SA5,25,8 " Section 37h. 12.13 (2) (b) 6m. of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

AB63-SA5,25,11 12.13 (2) (b) 6m. Obtain an absentee ballot for voting in a nursing home or qualified retirement home or qualified community-based residential facility under s. 6.875 (6) and fail to return the ballot to the issuing officer.".

AB63-SA5,25,12 45. Page 31, line 24: after that line insert:

AB63-SA5,25,13 " Section 37n. 12.13 (3) (v) of the statutes is created to read:

AB63-SA5,25,16 12.13 (3) (v) Corroborate any information offered by a proposed elector for the purpose of permitting the person to register to vote or to vote, knowing such information to be false.".

AB63-SA5,25,17 46. Page 32, line 9: after that line insert:

AB63-SA5,25,19 " Section 37s. 12.13 (4) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

AB63-SA5,26,2 12.13 (4) Nursing and retirement home and community-based residential facility voting. No employee of a nursing home or qualified retirement home or qualified community-based residential facility, as defined in s. 6.875 (1) (as), may disclose the designated time arranged for absentee voting by occupants of the home or community-based residential facility under s. 6.875 (6) to any person other than an occupant of the home or qualified community-based residential facility or a relative of an occupant, as defined in s. 6.875 (1), who requests to be so informed.".

AB63-SA5,26,3 47. Page 32, line 19: after that line insert:

AB63-SA5,26,5 " Section 38a. 343.50 (3) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

AB63-SA5,26,14 343.50 (3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY". The information on the card shall be the same as specified under s. 343.17 (3). The card may serve as a document of gift under s. 157.06 (2) (b) and (c) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a document of refusal to make an anatomical gift under s. 157.06 (2) (i). The card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.".

AB63-SA5,26,15 48. Page 33, line 4: after that line insert:

AB63-SA5,26,17 " Section 39a. 343.50 (4) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

AB63-SA5,27,2 343.50 (4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), and (em), and such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card. The department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No application may be processed without the photograph being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).".

AB63-SA5,27,3 49. Page 33, line 13: after that line insert:

AB63-SA5,27,5 " Section 40a. 343.50 (4g) of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed.".

AB63-SA5,27,6 50. Page 33, line 19: after that line insert:

AB63-SA5,27,8 " Section 41a. 343.50 (5) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

AB63-SA5,27,12 343.50 (5) Valid period; fees. The fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $9. The card shall be valid for the succeeding period of 4 years from the applicant's next birthday after the date of issuance.".

AB63-SA5,27,13 51. Page 34, line 3: after that line insert:

AB63-SA5,27,15 " Section 42a. 343.50 (6) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

AB63-SA5,27,22 343.50 (6) Renewal. At least 30 days prior to the expiration of the card, the department shall mail a renewal application to the last-known address of each identification card holder. The department shall include with the application information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s. 343.175. The fee for a renewal identification card shall be $9, which card shall be valid for 4 years.".

AB63-SA5,27,23 52. Page 34, line 3: after that line insert:

AB63-SA5,27,24 " Section 42m. Nonstatutory provisions.

AB63-SA5,28,4 (1) The legislative council staff is directed to study the implementation of this act for the 2006 spring primary and election. The legislative council staff shall report its findings and recommendations, including recommendations for any legislative changes, to the 2007 legislature when it convenes.".

AB63-SA5,28,5 53. Page 34, line 9: delete lines 9 to 11 and substitute:

AB63-SA5,28,7 " Section 44. Effective dates. This act takes effect on January 1, 2006, or the day after publication, whichever is later, except as follows:".

AB63-SA5,28,8 54. Page 34, line 11: after that line insert:

AB63-SA5,28,19 "(1m) The repeal of sections 6.15 (2) (bm) and (d) 1g., 6.79 (3) (b) and (7), 6.87 (4) (a) and (b) 2. to 5., 6.875 (1) (ap) and (asm) and (2) (d), 6.965, 6.97 (3) (a) and (c), and 343.50 (4g) of the statutes, the renumbering of section 6.79 (3) (a) of the statutes, the renumbering and amendment of sections 6.87 (4) (b) 1. and 6.97 (3) (b) of the statutes, the repeal and recreation of sections 5.35 (6) (a) 2. and 4a., 6.15 (2) (d) 1r. and (3), 6.22 (2) (b), 6.24 (4) (d), 6.29 (1) and (2) (a), 6.33 (2) (b), 6.55 (2) (b) and (c) 1. and 2. and (3), 6.79 (2) (a) and (d), (3) (title), (4), and (6), 6.82 (1) (a), 6.86 (1) (ar) and (3) (a) 1. and 2., 6.869, 6.87 (3) (d), 6.875 (title), (2) (a), (3), (4), and (6), 6.88 (3) (a), 6.97 (1) and (2), 7.08 (8) (title), 10.02 (3) (a), 12.13 (2) (b) 6m. and (4), and 343.50 (3), (4), (5), and (6) of the statutes, and the creation of sections 6.56 (5) and 12.13 (3) (v) of the statutes take effect on May 1, 2006.".

AB63-SA5,28,20 (End)