Amendment AA2-AB64

LRBa0209/1

JTK:wj:pg

2005 - 2006 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO 2005 ASSEMBLY BILL 64

February 22, 2005 - Offered by Representatives Colon and Young.

AB64-AA2,1,1 At the locations indicated, amend the bill as follows:

AB64-AA2,1,2 1. Page 1, line 4: before that line insert:

AB64-AA2,1,3 " Section 1b. 5.02 (4b) of the statutes is created to read:

AB64-AA2,1,5 5.02 (4b) "Election day" means the day or days on which an election is authorized or required to be held.

AB64-AA2, s. 1c Section 1c. 5.02 (5) of the statutes is amended to read:

AB64-AA2,1,12 5.02 (5) "General election" means the election held in even-numbered years on the Tuesday after the first Monday in November and the 2 days preceding that day to elect United States senators, representatives in congress, presidential electors, state senators, representatives to the assembly, district attorneys, state officers other than the state superintendent and judicial officers, and county officers other than supervisors and county executives.

AB64-AA2, s. 1d Section 1d. 5.02 (18) of the statutes is amended to read:

AB64-AA2,2,4 5.02 (18) "September primary" means the primary held the 2nd Tuesday in September and the 2 days preceding that day to nominate candidates to be voted for at the general election, and to determine which candidates for state offices other than district attorney may participate in the Wisconsin election campaign fund.

AB64-AA2, s. 1e Section 1e. 5.02 (21) of the statutes is amended to read:

AB64-AA2,2,8 5.02 (21) "Spring election" means the election held on the first Tuesday in April and the 2 days preceding that day to elect judicial, educational and municipal officers, nonpartisan county officers and sewerage commissioners.

AB64-AA2, s. 1f Section 1f. 5.02 (22) of the statutes is amended to read:

AB64-AA2,2,14 5.02 (22) "Spring primary" means the primary held on the 3rd Tuesday in February and the 2 days preceding that day to nominate nonpartisan candidates to be voted for at the spring election and to express preferences for the person to be the presidential candidate for each party in a year in which electors for president and vice president are to be elected.

AB64-AA2, s. 1g Section 1g. 5.84 (1) of the statutes is amended to read:

AB64-AA2,3,10 5.84 (1) Where any municipality employs an electronic voting system which utilizes automatic tabulating equipment, either at the polling place or at a central counting location, the municipal clerk shall, on any day not more than 10 days prior to the election day on which the equipment is to be utilized, or if the election is held on more than one day, not more than 10 days prior to the last day of the election at which the equipment is to be utilized, have the equipment tested to ascertain that it will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given by the clerk at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in one or more newspapers published within the municipality if a newspaper is published therein, otherwise in a newspaper of general circulation therein. The test shall be open to the public. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each referendum. The test shall include for each office one or more ballots which have votes in excess of the number allowed by law and, for a partisan primary election, one or more ballots which have votes cast for candidates of more than one recognized political party, in order to test the ability of the automatic tabulating equipment to reject such votes. If any error is detected, the municipal clerk shall ascertain the cause and correct the error. The clerk shall make an errorless count before the automatic tabulating equipment is approved by the clerk for use in the election.

AB64-AA2, s. 1h Section 1h. 6.02 of the statutes is amended to read:

AB64-AA2,3,15 6.02 Qualifications, general. (1) Every U.S. citizen age 18 or older who has resided in an election district or ward for 10 days before any election where, or if an election is held on more one day, for at least 10 days before the last day that the election is held at which the citizen offers to vote is an eligible elector.

AB64-AA2,3,21 (2) Any U.S. citizen age 18 or older who moves within this state later than 10 days before an election, or, if an election is held on more than one day, later than 10 days before the last day that the election is held, shall vote at his or her previous ward or election district if the person is otherwise qualified. If the elector can comply with the 10-day residence requirement at the new address and is otherwise qualified, he or she may vote in the new ward or election district.

AB64-AA2, s. 1i Section 1i. 6.05 of the statutes is amended to read:

AB64-AA2,4,2 6.05 Election day age determines elector's rights. Any person who will be 18 years old on or before election day, or if an election is held on more than one day, on or before the last day that the election is held, is entitled to vote if the person complies with this chapter.

AB64-AA2, s. 1j Section 1j. 6.10 (3) of the statutes is amended to read:

AB64-AA2,4,14 6.10 (3) When an elector moves from one ward to another or from one municipality to another within the state after the last registration day but at least 10 days before the election, or 10 days before the last day that an election is held whenever an election is held on more than one day, the elector may vote in and be considered a resident of the new ward or municipality where residing upon transferring registration under s. 6.40 (1) or upon registering at the proper polling place or other registration location in the new ward or municipality under s. 6.55 (2) or 6.86 (3) (a) 2. If the elector moves within 10 days of an election , or within 10 days of the last day on which an election is held whenever an election is held on more than one day, the elector shall vote in the elector's old ward or municipality if otherwise qualified to vote there.

AB64-AA2, s. 1k Section 1k. 6.10 (4) of the statutes is amended to read:

AB64-AA2,5,3 6.10 (4) The residence of an unmarried person sleeping in one ward and boarding in another is the place where the person sleeps. The residence of an unmarried person in a transient vocation, a teacher or a student who boards at different places for part of the week, month or year, if one of the places is the residence of the person's parents, is the place of the parents' residence unless through registration or similar act the person elects to establish a residence elsewhere. If the person has no parents and if the person has not registered elsewhere, the person's residence shall be at the place which the person considered his or her residence in preference to any other for at least 10 days before an election, or if an election is held on more than one day, for at least 10 days before the last day that the election is held. If this place is within the municipality, the person is entitled to all the privileges and subject to all the duties of other citizens having their residence there, including voting.

AB64-AA2, s. 1L Section 1L. 6.15 (1) of the statutes is amended to read:

AB64-AA2,5,10 6.15 (1) Qualifications. Any person who was or who is a qualified elector under ss. 6.02 and 6.03, except that he or she has been a resident of this state for less than 10 days prior to the date of last day on which the presidential election is held, is entitled to vote for the president and vice president but for no other offices. The fact that the person was not registered to vote in the state from which he or she moved does not prevent voting in this state if the elector is otherwise qualified.

AB64-AA2, s. 1m Section 1m. 6.25 (1) of the statutes is amended to read:

AB64-AA2,5,20 6.25 (1) Any individual who qualifies as a military elector under s. 6.22 (1) (b) or an overseas elector under s. 6.24 (1) and who transmits an application for an official absentee ballot for a general election no later than 30 days before election day or, if an election is held on more than one day, no later than 30 days before the last day that an election is held, may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all of the candidates of any recognized political party for national office listed on the official ballot at the general election if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the time prescribed in s. 6.87 (6).

AB64-AA2, s. 1n Section 1n. 6.25 (2) of the statutes is amended to read:

AB64-AA2,6,9 6.25 (2) Any individual who qualifies as a military elector under s. 6.22 (1) (b) and who transmits an application for an official absentee ballot for any election no later than 30 days before election day or, if an election is held on more than one day, no later than 30 days before the last day that an election is held, may, in lieu of the official ballot, cast a write-in absentee ballot for any candidate or for all of the candidates of any recognized political party listed on the official ballot at the election if the write-in absentee ballot is received by the appropriate municipal clerk no later than the time prescribed in s. 6.87 (6). The ballot shall contain the information required under s. 5.55 whenever applicable and on the face shall indicate the type and date of election and shall list the offices to be filled and the number of votes that each elector may cast for each office. The ballot shall include a number of spaces under each office equal to the number of votes permitted to be cast for that office for the elector to write in the names of candidates.

AB64-AA2, s. 1o Section 1o. 6.25 (3) of the statutes is amended to read:

AB64-AA2,6,22 6.25 (3) Any individual who qualifies as an overseas elector under s. 6.24 (1) and who transmits an application for an official absentee ballot for any election no later than 30 days before election day or, if an election is held on more than one day, no later than 30 days before the last day that an election is held, may, at any election for national office in lieu of the official ballot, cast a write-in absentee ballot for any candidate for national office or for all of the candidates of any recognized political party for national office listed on the official ballot at the election if the write-in absentee ballot is received by the appropriate municipal clerk no later than the time prescribed in s. 6.87 (6). The ballot shall contain the information required under s. 5.55 whenever applicable and on the face shall indicate the type and date of election and shall list the offices to be filled. The ballot shall include a space under each office for the elector to write in the name of a candidate.

AB64-AA2, s. 1p Section 1p. 6.40 (1) (a) 1. of the statutes is amended to read:

AB64-AA2,7,8 6.40 (1) (a) 1. Any registered elector shall transfer registration after a change of residence within the state by filing in person with the municipal clerk or by mailing to the municipal clerk a signed request stating his or her present address, affirming that this will be his or her residence for at least 10 days prior to the election or, if the election is held on more than one day, for at least 10 days prior to the last day that the election is held, and providing the address where he or she was last registered. Alternatively, the elector may transfer his or her registration at the proper polling place or other registration location under s. 6.02 (2) in accordance with s. 6.55 (2) (a). If an elector is voting in the ward or election district where the elector formerly resided, the change shall be effective for the next election.

AB64-AA2, s. 1q Section 1q. 6.55 (2) (a) 1. of the statutes is amended to read:

AB64-AA2,7,18 6.55 (2) (a) 1. Except where the procedure under par. (c) or (cm) is employed, any person who qualifies as an elector in the ward or election district where he or she desires to vote, but has not previously filed a registration form, or was registered at another location, may request permission to vote at the polling place for that ward or election district, or at an alternate polling place assigned under s. 5.25 (5) (b). When a proper request is made, the inspector shall require the person to execute a registration form prescribed by the board. The registration form shall be completed in the manner provided under s. 6.33 (2) and shall contain all information required under s. 6.33 (1), together with the following certification:

AB64-AA2,7,23 "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 days immediately preceding this election, or if this election is held on more than one day, for at least 10 days immediately preceding the last day that this election is held, and that I am not disqualified on any ground from voting, and I have not voted, at this election."

AB64-AA2, s. 1r Section 1r. 6.55 (3) of the statutes is amended to read:

AB64-AA2,8,23 6.55 (3) Any qualified elector in the ward or election district where the elector desires to vote whose name does not appear on the registration list but who claims to be registered to vote in the election may request permission to vote at the polling place for that ward or election district. When the request is made, the inspector shall require the person to give his or her name and address. If the elector is not at the polling place which serves the ward or election district where the elector resides, the inspector shall provide the elector with directions to the correct polling place. If the elector is at the correct polling place, the elector shall then execute the following written statement: "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 days immediately preceding this election, or if this election is held on more than one day, for at least 10 days immediately preceding the last day that this election is held, and that I am not disqualified on any ground from voting, and I have not voted at this election and am properly registered to vote in this election." The person shall be required to provide acceptable proof of residence as provided under sub. (7) and shall then be given the right to vote. If the elector cannot provide acceptable proof of residence, the statement shall be certified by the elector and shall be corroborated in a statement that is signed by any other elector who resides in the municipality and that contains the current street address of the corroborating elector. The corroborator shall then provide acceptable proof of residence as provided in sub. (7). Whenever the question of identity or residence cannot be satisfactorily resolved and the elector cannot be permitted to vote, an inspector shall telephone the office of the municipal clerk to reconcile the records at the polling place with those at the office.".

AB64-AA2,8,24 2. Page 1, line 4: delete " Section 1" and substitute "Section 1w".

AB64-AA2,9,2 3. Page 2, line 1: delete " 8 p.m." and substitute "8 p.m. on each of the days that an election is held.".

AB64-AA2,9,3 4. Page 2, line 4: after that line insert:

AB64-AA2,9,4 " Section 4b. 6.85 of the statutes is amended to read:

AB64-AA2,9,12 6.85 Absent elector; definition. An absent elector is any otherwise qualified elector who for any reason is unable or unwilling to appear at the polling place in his or her ward. Any otherwise qualified elector who changes residence within this state by moving to a different ward or municipality later than 10 days prior to an election, or if an election is held on more than one day, later than 10 days prior to the last day that an election is held, may vote an absentee ballot in the ward or municipality where he or she was qualified to vote before moving. An elector qualifying under this section may vote by absentee ballot under ss. 6.86 to 6.89.

AB64-AA2, s. 4c Section 4c. 6.86 (1) (b) of the statutes is amended to read:

AB64-AA2,9,24 6.86 (1) (b) Except as provided in this section, if application is made in writing, the application, signed by the elector, shall be received no later than 5 p.m. on the Friday immediately preceding the election, or if the election is held on more than one day, no later than 5 p.m. on the last day that the election is held. If application is made in person, the application shall be made no later than 5 p.m. on the day preceding the election. If the elector is making written application and the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day, or if the election is held on more than one day, no later than 5 p.m. on the last day that the election is held. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then witness the voting procedure as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place as required in s. 6.88. If application is made under sub. (2), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

AB64-AA2, s. 4d Section 4d. 6.86 (3) (c) of the statutes is amended to read:

AB64-AA2,10,20 6.86 (3) (c) An application under par. (a) 1. may be made and a registration form under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier than 7 days before an election and not later than 5 p.m. on the day of the election, or if the election is held on more than one day, on the last day that the election is held. A list of hospitalized electors applying for ballots under par. (a) 1. shall be made by the municipal clerk and used to check that the electors vote only once, and by absentee ballot. If identification is required, the municipal clerk shall so inform the agent and the elector shall enclose identification in the envelope with the ballot. The ballot shall be sealed by the elector and returned to the municipal clerk either by mail or by personal delivery of the agent; but if the ballot is returned on the day of the election, the agent shall make personal delivery at the polling place serving the hospitalized elector's residence before the closing hour for the ballot to be counted.

AB64-AA2, s. 4e Section 4e. 6.87 (2) of the statutes is amended to read:

AB64-AA2,11,2 6.87 (2) Except as authorized under sub. (3) (d), the municipal clerk shall place the ballot in an unsealed envelope furnished by the clerk. The envelope shall have the name, official title and post-office address of the clerk upon its face. The other side of the envelope shall have a printed certificate in substantially the following form:

AB64-AA2,11,3 [STATE OF ....

AB64-AA2,11,4 County of ....]

AB64-AA2,11,5 or

AB64-AA2,11,6 [(name of foreign country and city or other jurisdictional unit)]

AB64-AA2,11,20 I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of the .... aldermanic district in the city of ...., residing at ....* in said city, the county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at the election to be held on ....; that I am not voting at any other location in this election; that I am unable or unwilling to appear at the polling place in the (ward) (election district) on election day or have changed my residence within the state from one ward or election district to another within 10 days before the election , or if the election is held on more than one day, within 10 days before the last day that the election is held. I certify that I exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her) presence and in the presence of no other person marked the ballot and enclosed and sealed the same in this envelope in such a manner that no one but myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could know how I voted.

AB64-AA2,11,21 Signed ....