AB808: Bill Text

AB808, s. 38 Section 38. 6.869 of the statutes, as created by 2003 Wisconsin Act 265, is amended to read:

AB808,23,17 6.869 Uniform instructions. The board shall prescribe uniform instructions for absentee voters. The instructions shall include information concerning whether identification is required under s. 6.87 (4) or an identifying document is required under s. 6.86 (1) (ar) and information concerning whether a copy of identification is required to be submitted and, if so, the form of identification that is required.

AB808, s. 39 Section 39. 6.87 (3) (d) of the statutes is amended to read:

AB808,24,12 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) (b) 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.

AB808, s. 40 Section 40. 6.87 (4) of the statutes, as affected by 2003 Wisconsin Act 265, section 112a, is renumbered 6.87 (4) (b) 1. and amended to read:

AB808,25,16 6.87 (4) (b) 1. 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 4. and s. 6.875 (6) and this subdivision and notwithstanding s. 343.43 (1) (f), the elector shall enclose a copy of the identifying document 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.

AB808, s. 41 Section 41. 6.87 (4) (a) of the statutes is created to read:

AB808,25,18 6.87 (4) (a) In this subsection:

AB808,25,25 1. "Military elector" means a member of a U.S. uniformed service on active duty who, by reason of that duty, is absent from the residence where the member is otherwise qualified to vote; a member of the merchant marine, as defined in s. 6.22 (1) (a), who, by reason of service in the merchant marine, is absent from the residence where the member is otherwise qualified to vote; or the spouse or dependent of any such member who, by reason of the duty or service of the member, is absent from the residence where the spouse or dependent is otherwise qualified to vote.

AB808,26,4 2. "Overseas elector" means an elector who resides outside the United States and who is qualified under federal law to vote in elections for national office in this state because the elector was last domiciled in this state immediately prior to the elector's departure from the United States.

AB808, s. 42 Section 42. 6.87 (4) (b) 2. to 4. of the statutes are created to read:

AB808,26,11 6.87 (4) (b) 2. Unless subd. 3. applies, if the absentee elector has applied for and qualified to receive absentee ballots automatically under s. 6.86 (2) (a), the elector may, in lieu of providing the identifying document required under s. 6.86 (1) (ar), submit with his or her absentee ballot a statement signed by the same individual who witnesses voting of the ballot which contains the name and address of the elector and verifies that the name and address are correct.

AB808,26,16 3. If the absentee elector has received an absentee ballot from the municipal clerk by mail for a previous election, has provided an identifying document required under s. 6.86 (1) (ar) with that ballot, and has not changed his or her name or address since providing that identification, the elector is not required to provide the identifying document required under s. 6.86 (1) (ar).

AB808,27,2 4. Unless subd. 3. applies, if the absentee elector resides in a residential care apartment complex that is certified or registered under s. 50.034 (1) or an adult family home that is certified under s. 50.032 and the municipal clerk or board of election commissioners of the municipality where the complex or home is located does not send special voting deputies to visit the complex or home at the election under s. 6.875, the elector may, in lieu of providing the identifying document required under s. 6.86 (1) (ar), submit with his or her absentee ballot a statement signed by the same individual who witnesses voting of the ballot that contains the certification of the manager that the elector resides in the complex or home and the complex or home is certified or registered as required by law, that contains the name and address of the elector, and that verifies that the name and address are correct.

AB808, s. 43 Section 43. 6.875 (title) of the statutes is amended to read:

AB808,27,5 6.875 (title) Absentee voting in nursing and retirement certain homes and certain community-based residential, facilities, and complexes.

AB808, s. 44 Section 44. 6.875 (1) (ap) and (asm) of the statutes are created to read:

AB808,27,9 6.875 (1) (ap) "Qualified adult family home" means a facility that is certified to operate as an adult family home under s. 50.032 that qualifies under sub. (2) (d) to utilize the procedures under this section.

AB808,27,12 (asm) "Qualified residential care apartment complex" means a facility that is certified or registered to operate as a residential care apartment complex under s. 50.034 (1) that qualifies under sub. (2) (d) to utilize the procedures under this section.

AB808, s. 45 Section 45. 6.875 (2) (a) of the statutes is amended to read:

AB808,27,17 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, qualified residential care apartment complexes, and qualified adult family homes.

AB808, s. 46 Section 46. 6.875 (2) (d) of the statutes is created to read:

AB808,28,4 6.875 (2) (d) The municipal clerk or board of election commissioners of any municipality where a residential care apartment complex certified or registered under s. 50.034 (1) or an adult family home certified under s. 50.032 is located may adopt the procedures under this section for absentee voting in any residential care apartment complex or adult family home located in the municipality if the municipal clerk or board of election commissioners finds that there are a significant number of the occupants of the complex or home who lack adequate transportation to the appropriate polling place, a significant number of the occupants of the complex or home may need assistance in voting, there are a significant number of the occupants of the complex or home aged 60 or over, or there are a significant number of indefinitely confined electors who are occupants of the complex or home.

AB808, s. 47 Section 47. 6.875 (3) and (4) of the statutes are amended to read:

AB808,29,2 6.875 (3) An occupant of a nursing home or a qualified retirement home or, qualified community-based residential facility, qualified residential care apartment complex, or qualified adult family home 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, qualified residential care apartment complex, or qualified adult family home 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, or complex 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, qualified residential care apartment complex, or qualified adult family home 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.

AB808,30,6 (4) For the purpose of absentee voting in nursing homes and, qualified retirement homes and, qualified community-based residential facilities, qualified residential care apartment complexes, and qualified adult family homes 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, qualified residential care apartment complexes, and qualified adult family homes 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, or complex the clerk or board of election commissioners shall dispatch 2 special voting deputies to visit the home or qualified community-based residential, facility or complex for the purpose of supervising absentee voting procedure by occupants of the home or qualified community-based residential facility or complex. The 2 deputies designated to visit each nursing home or, qualified retirement home and, qualified community-based residential facility, qualified residential care apartment complex, and qualified adult family home 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, qualified residential care apartment complex, and qualified adult family home 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.

AB808, s. 48 Section 48. 6.875 (6) of the statutes is amended to read:

AB808,32,9 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, qualified residential care apartment complex, and qualified adult family home 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 retirement home, qualified community-based residential facility , qualified residential care apartment complex, or qualified adult family home, 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, or complex, 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, or complex. 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. In lieu of providing an identifying document under s. 6.87 (4) (b) 1. with his or her absentee ballot, the elector may submit with his or her ballot a statement signed by both deputies that contains the name and address of the elector and verifies that the name and address are correct. The deputies shall enclose the statement in the certificate envelope. If an elector presents an identifying document under s. 6.87 (4) (b) 1., the deputies shall make a copy of the document presented by the elector and shall enclose a copy of the document in the certificate envelope. 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, the elector presents an identifying document, whenever required, or submits a statement containing his or her name and address under this subsection, and the application is proper. The deputies shall advise the elector that if the elector is required to submit an identifying document and fails to do so, the elector's ballot will be challenged under s. 6.92 (1m). 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, or complex, 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.

AB808, s. 49 Section 49. 6.92 (1m) of the statutes is created to read:

AB808,32,14 6.92 (1m) The inspectors at each polling place shall challenge under sub. (1) the ballot of any elector who fails to provide an identifying document whenever required under ch. 5 or this chapter and shall treat the ballot in the manner provided in s. 6.95.

AB808, s. 50 Section 50. 7.08 (8) (title) of the statutes is amended to read:

AB808,32,17 7.08 (8) (title) Electors voting without identification proof of identity or pursuant to court order.

AB808, s. 51 Section 51. 7.15 (1) (L) of the statutes is created to read:

AB808,32,21 7.15 (1) (L) Designate one inspector at each polling place who shall be authorized to administer oaths for purposes of affidavits submitted under s. 5.02 (6s) (a) 3.

AB808, s. 52 Section 52. 10.02 (3) (a) of the statutes is amended to read:

AB808,33,7 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 , shall provide identification if required by federal law, and shall present an identifying document authorized by law, unless the elector is exempted from this requirement. 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.

AB808, s. 53 Section 53. 12.13 (2) (b) 6m. of the statutes is amended to read:

AB808,33,12 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, qualified residential care apartment complex, or adult family home under s. 6.875 (6) and fail to return the ballot to the issuing officer.

AB808, s. 54 Section 54. 12.13 (3) (v) of the statutes is repealed.

AB808, s. 55 Section 55. 12.13 (4) of the statutes is amended to read:

AB808,33,23 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, qualified residential care apartment complex, or adult family home 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 , or complex under s. 6.875 (6) to any person other than an occupant of the home or qualified community-based residential facility, or complex or a relative of an occupant, as defined in s. 6.875 (1), who requests to be so informed.

AB808, s. 56 Section 56. 301.03 (20) of the statutes is created to read:

AB808,34,5 301.03 (20) Transmit to the elections board, on a continuous basis, a list containing the name of each living person who has been convicted of a felony under the laws of this state and whose civil rights have not been restored, together with his or her residential address and the date on which the department expects his or her civil rights to be restored.

AB808, s. 57 Section 57. 343.50 (3) of the statutes is amended to read:

AB808,34,15 343.50 (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 Except as provided in sub. (4g), the card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.

AB808, s. 58 Section 58. 343.50 (4) of the statutes is amended to read:

AB808,34,25 343.50 (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 Except as provided in sub.(4g), the department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No Except as provided in sub.(4g), 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).

AB808, s. 59 Section 59. 343.50 (4g) of the statutes is created to read:

AB808,35,9 343.50 (4g) Photograph requirement; exception. An application may be processed and an original or renewal identification card issued under this section without a photograph being taken to comply with subs. (3) and (4) to an applicant who requests the identification card without charge under sub. (5) or (6) and who provides to the department an affidavit stating that the applicant has a sincerely held religious belief against being photographed; identifying the religion to which he or she belongs or the tenets of which he or she adheres to; and stating that the tenets of the religion prohibit him or her from being photographed.

AB808, s. 60 Section 60. 343.50 (5) of the statutes is amended to read:

AB808,35,15 343.50 (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 or, upon request of the applicant, without charge. The card shall be valid for the succeeding period of 4 years from the applicant's next birthday after the date of issuance.

AB808, s. 61 Section 61. 343.50 (6) of the statutes is amended to read:

AB808,35,24 343.50 (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 or, upon request of the identification card holder, without charge. The renewal identification card shall be valid for 4 years.

AB808, s. 62 Section 62. 887.01 (1) of the statutes is amended to read:

AB808,36,14 887.01 (1) Within the state. An oath or affidavit required or authorized by law, except oaths to jurors and witnesses on a trial and such other oaths as are required by law to be taken before particular officers, may be taken before any judge, court commissioner, resident U.S. commissioner who has complied with s. 706.07, clerk, deputy clerk or calendar clerk of a court of record, court reporter, notary public, municipal judge, town clerk, village clerk, city clerk, municipal judge, county clerk, or executive director of a board of election commissioners or the clerk's or executive director's deputy within the territory in which the officer is authorized to act, school district clerk with respect to any oath required by the elections laws, or election inspector designated under s. 7.15 (1) (L) with respect to any affidavit submitted under s. 5.02 (6s) (a) 3.; and, when certified by the officer to have been taken before him or her, may be read and used in any court and before any officer, board or commission. Oaths may be administered by any person mentioned in s. 885.01 (3) and (4) to any witness examined before him or her.

AB808, s. 63 Section 63. 887.02 of the statutes is amended to read:

AB808,36,21 887.02 Duty to administer official and election oaths; no fees. (1) Every person thereto authorized by law shall administer and certify, on demand, any official oath and any oath required on any nomination paper, petition or other instrument used in the nomination or election of any candidate for public office, or in the submission of any question to a vote of the people, or in the identification of electors.

AB808,36,24 (2) No fee shall be charged by any officer for administering or certifying any official oath, or any oath to any person relative to the person's right to vote or be registered or to vote.

AB808, s. 64 Section 64. Initial applicability.

AB808,37,4 (1) The treatment of sections 6.55 (2) (b) and (c) 1. and 2., 6.79 (2) (a) and (d), (4), and (6), and 6.86 (3) (a) 1. and 2. of the statutes, the renumbering and amendment of sections 6.55 (3) and 6.87 (4) of the statutes, and the creation of section 6.87 (4) (b) 2. to 4. of the statutes first apply with respect to the 2006 spring primary election.

AB808, s. 65 Section 65. Effective date.

AB808,37,7 (1) This act takes effect on January 1, 2006, or the day after publication, whichever is later.

AB808,37,8 (End)