The bill requires that the municipal clerk or board of election commissioners in
municipalities with multiple polling places to prominently post at each polling place a
map of the geographic area served by each polling place for that election. The map must
display the boundaries of the ward or wards served by the polling place for that election.
Lists of Felons Ineligible to Vote
Under current law, any person who is convicted of a felony is not eligible to vote.
However, if the person is pardoned or the person completes his or her sentence, the
person's voting rights are restored. A person who is on probation, parole, or extended
supervision has not completed his or her sentence. Under current law, there is no
procedure that election officials must use to identify felons who are ineligible to vote and
to prevent them from voting.
The bill directs the department of corrections (DOC) to transmit electronically to
the elections board, on a continuous basis, a list containing the names of each person who
has been convicted of a felony under the laws of this state and whose voting rights have
not been restored, together with the date on which DOC expects his or her voting rights
to be restored. The bill directs the board to enter the information received from DOC on
the statewide voter registration list and to maintain the information on that list so that
the information is kept current. Under the bill, the information is open to public
inspection.
The bill also directs the elections board to enter on the poll list prepared for each
election a notation after the name of any elector who is ineligible to vote on that date
because the person's name appears on the current list that DOC provides. In addition,
the bill directs the board to provide for each polling place at each election a list of persons
whose names do not appear on the registration list but whose names appear on the
current list that DOC provides and whose addresses are located within the area served
by the polling place. These lists are open to public inspection.
The bill requires poll workers to check the lists and to inform any person whose
name appears on the lists that they are ineligible to register to vote or to vote. A person
whose name appears on a list and who claims to be eligible to vote may still be allowed
to vote, but the person must vote by ballot. The ballot is marked for later examination
and it may be reviewed and discounted during a canvass or recount if the appropriate
board of canvassers determines that the person who cast the ballot is ineligible to vote.
The bill also requires every person who registers to vote to affirm specifically that
he or she has not been convicted of a felony for which he or she has not been pardoned and,
if so, whether the person is incarcerated or on probation, parole, or extended supervision
resulting from that conviction. Currently, the law requires a person who registers at a
polling place only to affirm that he or she is not disqualified on any ground from voting,
and does not require any similar affirmation from other late registrants.
In addition, the bill directs the elections board to conduct a postelection audit after
each election to determine whether any ineligible felons have been allowed to register and
vote after the close of registration. If so, the board is directed to enter a notation reflecting
this ineligibility on the registration list and to provide the names of these felons to the
district attorney.
Finally, the bill requires DOC to create a form for notifying individuals of their
ineligibility to vote. When an inmate who is disqualified from voting is released on parole
or extended supervision, the DOC must use the form to notify the person that he or she
may not vote until his or her civil rights are restored. The person and a witness must sign
the form. The same procedure must be followed for each probationer, and by the court
every time it imposes a sentence or places a defendant on probation for a conviction that
disqualifies him or her from voting.
Additional Poll Worker: Greeter
Under current law, there must be at least 3 inspectors (poll workers) at each polling
place. Municipalities may increase that number and may appoint special registration
deputies on a nonpartisan basis to register voters at polling places on election day.
Inspectors must be appointed from lists containing the names of eligible electors
submitted by party committeemen and committeewomen. If no names or insufficient
names are submitted, inspectors are appointed on a nonpartisan basis. Certain high
school pupils may also be appointed to serve as inspectors. The party whose candidate
for president or governor received the most votes in the area served by the polling place
at the most recent general election is entitled to one more appointment than the other
party. Alternate officials must also be appointed in a sufficient number to maintain
adequate staffing.
The bill provides that each municipality may appoint an additional inspector on a
nonpartisan basis who serves as a greeter and substitutes for other inspectors who must
leave the voting room temporarily. Under the bill, the additional inspector is not entitled
to participate in the canvassing process.
POST-ELECTION PROCEDURES
Time for Delivery of Election Material
Currently, by 2 p.m. on the day after an election, the municipal clerk must deliver
the ballots, statements, tally sheets, lists, and envelopes for the clerk's municipality
concerning any county, technical college district, state, or national election to the county
clerk. In addition, current law requires the municipal clerk to arrange for delivery of
these materials concerning a school district election to the school district clerk, but does
not specify a time by which that delivery must take place. The bill sets the deadline for
delivery of these materials at 4 p.m. on the day after an election.
Post-Election Inspectors' Statements
Under current law, after ballots have been counted and votes recorded at the
polling place on appropriate tally sheets, inspectors' statements must be completed in
duplicate, and all materials secured and routed to the appropriate clerk. The bill deletes
the requirement that inspectors' statements be completed in duplicate. Instead, under
the bill, the municipal clerk must make copies of the inspectors' statement for delivery
to the county or school district clerk, or both. The municipal clerk must retain the original
statement.
County and Municipal Clerk Serving on Board of Canvassers
Generally, under current law, the municipal and county board of canvassers is
composed of the municipal or county clerk and 2 appointed members. No person may
serve on the board if he or she is a candidate at an election to be canvassed. The bill allows
the county and municipal clerk to continue to serve on the respective board of canvassers
if the clerk is a candidate as long as he or she has no opponent on the ballot, or, in the event
of a recount, the office the clerk is seeking is not a subject of the recount.
Grounds for Recall of Certain Local Elective Offices
Under current law, a petition for the recall of a city, village, town, or school district
officer, in addition to other requirements, must state a reason for the recall that is related
to the official responsibilities of the officer. Current law also provides for the removal of
elective village, town, and school district officers and certain elective city officers, for
cause, after notice and a hearing. Under current law, inefficiency, neglect of duty, official
misconduct, or malfeasance in office constitute cause for removal from office.
The bill requires a petition for the recall of a city, village, town, or school district
officer to contain a statement of the grounds that constitute each cause for the recall.
Under the bill, "cause" means official misconduct or malfeasance in office.
Retention of Unused Ballots After an Election
The bill provides that unused ballots from an election may not be discarded or
destroyed until at least the day after the latest day for the filing of a recount petition for
any office on the ballots. In addition, the bill authorizes the county clerk to store any such
unused ballots upon request of a municipal clerk of a municipality within the county and
authorizes the county clerk to destroy the ballots pursuant to provisions of the bill.
Recount Procedures
Under current law, the state elections board is required to prescribe standard
forms and procedures for the making of recounts. Additionally, when a recount is being
conducted, if the ballots are in readable form such that automatic tabulating equipment
may be used to count the ballots, the board of canvassers conducting the recount may
choose to recount the ballots without the aid of automatic tabulating equipment. If
automatic tabulating equipment is to be used, the equipment must be tested prior to the
recount.
The bill requires the procedures developed by the elections board to require boards
of canvassers in recounts involving more than one board of canvassers to consult with the
elections board staff prior to beginning any recount to ensure that uniform procedures are
used, to the extent practicable, in conducting such recounts.
In addition, the bill requires boards of canvassers to use automatic tabulating
equipment to recount ballots that are in machine-readable form. The bill provides,
however, that a candidate, or elector if the recount is for a referendum question, may
petition the circuit court for an order requiring ballots in readable form to be counted by
hand or by another method approved by the court. The petition must be filed by the close
of business on the next business day after the last day for filing a petition for a recount.
To prevail, the petitioner must establish by clear and convincing evidence that due to an
irregularity, defect, or mistake committed during the voting or canvassing process the
results of a recount using automatic tabulating equipment will produce incorrect recount
results and that there is a substantial probability that recounting the ballots by hand or
another method will produce a more correct result and change the outcome of the election.
The court with whom the petition is filed must hear the matter as expeditiously as
possible, without a jury. Only if the court determines that the petitioner has made the
required showing may the court order a recount of the ballots by hand or other method.
The procedure created by the bill does not affect the ability of an aggrieved candidate or
elector under current law to appeal the outcome of a recount to circuit court upon
completion of the recount.
Post-Election Audits
The bill requires the elections board, by no later than December 31, 2006, to
prepare recommendations with regard to random post-election audits of local election
practices to be conducted in the fall of odd-numbered years. The recommendations must
include recommendations on how election practices in a given municipality may be
reviewed by election officials of other, similar-sized municipalities and how such audits
may be funded by the state. The recommendations must be submitted to the legislature.
Effective date
All changes to the law proposed by the bill take effect on July 1, 2006, or on the day
after publication, whichever is later.
SB612, s. 1
1Section
1. 5.02 (6m) of the statutes is repealed.
SB612, s. 2
2Section
2. 5.02 (16g) of the statutes is created to read:
SB612,17,53
5.02
(16g) "Qualified circulator" means a qualified elector of this state or any
4U.S. citizen age 18 or older who, if he or she were a resident of this state, would not
5be disqualified from voting under s. 6.03.
SB612, s. 3
6Section
3. 5.35 (6) (a) 4a. of the statutes is amended to read:
SB612,18,3
15.35
(6) (a) 4a. Instructions prescribed by the board for electors for whom
2identification proof of residence under s. 6.34 is required under s.
6.36 (2) (c) 2 6.55
3(2).
SB612, s. 4
4Section
4. 5.35 (6) (c) of the statutes is created to read:
SB612,18,95
5.35
(6) (c) At each polling place located in a municipality that is served by more
6than one polling place for an election, the municipal clerk or board of election
7commissioners shall prominently post a map of the geographic area served by the
8polling place for that election. The posting shall clearly show the boundaries of the
9ward or wards served by the polling place for that election.
SB612, s. 5
10Section
5. 5.68 (3m) of the statutes is created to read:
SB612,18,1411
5.68
(3m) The election administration council shall provide guidance to local
12units of government concerning the procurement of election apparatus, ballots,
13ballot forms, materials, and supplies for use in elections in this state to help ensure
14that competitive prices are obtained by those units of government.
SB612,19,717
5.90
(1) Except as otherwise provided in this subchapter, recounts of votes cast
18on an electronic voting system shall be conducted in the manner prescribed in s. 9.01.
19If Except as provided in sub. (2), if the ballots are distributed to the electors, the board
20of canvassers
may elect to shall recount the ballots
without the aid of with automatic
21tabulating equipment.
If the board of canvassers elects to use automatic tabulating
22equipment, the The board of canvassers shall test the automatic tabulating
23equipment to be used prior to the recount as provided in s. 5.84, and then the official
24ballots or the record of the votes cast shall be recounted on the automatic tabulating
25equipment. In addition, the board of canvassers shall check the ballots for the
1presence or absence of the initials and other distinguishing marks, shall examine the
2ballots marked "Rejected", "Defective" and "Objected to" to determine the propriety
3of such labels, and shall compare the "Duplicate Overvoted Ballots" and "Duplicate
4Damaged Ballots" with their respective originals to determine the correctness of the
5duplicates. If electronic voting machines are used, the board of canvassers shall
6perform the recount using the permanent paper record of the votes cast by each
7elector, as generated by the machines.
SB612, s. 7
8Section
7. 5.90 (2) and (3) of the statutes are created to read:
SB612,19,189
5.90
(2) Any candidate, or any elector when for a referendum, may, by the close
10of business on the next business day after the last day for filing a petition for a
11recount under s. 9.01, petition the circuit court for an order requiring ballots in
12readable form under sub. (1) to be counted by hand or by another method approved
13by the court. The petitioner in such an action bears the burden of establishing by
14clear and convincing evidence that due to an irregularity, defect, or mistake
15committed during the voting or canvassing process the results of a recount using
16automatic tabulating equipment will produce incorrect recount results and that
17there is a substantial probability that recounting the ballots by hand or another
18method will produce a more correct result and change the outcome of the election.
SB612,20,3
19(3) A court with whom a petition under sub. (2) is filed shall hear the matter
20as expeditiously as possible, without a jury. The court may order a recount of the
21ballots by hand or another method only if it determines that the petitioner has
22established by clear and convincing evidence that due to an irregularity, defect, or
23mistake committed during the voting or canvassing process the results of a recount
24using automatic tabulating equipment will produce incorrect recount results and
25that there is a substantial probability that recounting the ballots by hand or another
1method will produce a more correct result and change the outcome of the election.
2Nothing in this section affects the right of a candidate or elector aggrieved by the
3recount to appeal to circuit court under s. 9.01 (6) upon completion of the recount.
SB612, s. 8
4Section
8. 6.15 (2) (d) 1r. of the statutes is amended to read:
SB612,20,145
6.15
(2) (d) 1r. Upon proper completion of the application and cancellation card,
6the municipal clerk shall require the elector to provide
acceptable proof of residence
7under s.
6.55 (7) 6.34. If the elector cannot provide
acceptable proof of residence, the
8elector may have his or her residence corroborated in a statement that is signed by
9another elector of the municipality and that contains the current street address of
10the corroborating elector. If the residence is corroborated by another elector, that
11elector shall then provide proof of residence under s.
6.55 (7) 6.34. The elector shall
12then mark the ballot in the clerk's presence in a manner that will not disclose his or
13her vote. The elector shall then fold the ballot so as to conceal his or her vote. The
14clerk or elector shall then place the ballot in an envelope furnished by the clerk.
SB612, s. 9
15Section
9. 6.15 (3) of the statutes is amended to read:
SB612,21,716
6.15
(3) Procedure at polling place. An eligible elector may appear at the
17polling place for the ward or election district where he or she resides and make
18application for a ballot under sub. (2). Except as otherwise provided in this
19subsection, an elector who casts a ballot under this subsection shall follow the same
20procedure required for casting a ballot at the municipal clerk's office under sub. (2).
21The inspectors shall perform the duties of the municipal clerk, except that the
22inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk
23and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon
24proper completion of the application and cancellation card and submittal of
25acceptable proof of residence under s.
6.55 (7) 6.34 or providing corroboration of
1residence, the inspectors shall permit the elector to cast his or her ballot for president
2and vice president. The elector shall mark the ballot and, unless the ballot is utilized
3with an electronic voting system, the elector shall fold the ballot, and deposit the
4ballot into the ballot box or give it to the inspector. The inspector shall deposit it
5directly into the ballot box. Voting machines or ballots utilized with electronic voting
6systems may only be used by electors voting under this section if they permit voting
7for president and vice president only.
SB612, s. 10
8Section
10. 6.15 (4) (a) to (d) of the statutes are amended to read:
SB612,21,139
6.15
(4) (a) Clerks holding new resident ballots shall deliver them to the
10election inspectors in the proper ward or election district where the new residents
11reside
or, in municipalities where absentee ballots are canvassed under s. 7.52, to the
12municipal board of absentee ballot canvassers when it convenes under s. 7.52 (1), as
13provided by s. 6.88 for absentee ballots.
SB612,21,1814
(b) During polling hours, the inspectors shall open each carrier envelope,
15announce the elector's name, check the affidavit for proper execution, and check the
16voting qualifications for the ward, if any.
In municipalities where absentee ballots
17are canvassed under s. 7.52, the municipal board of absentee ballot canvassers shall
18perform this function at a meeting of the board of absentee ballot canvassers.
SB612,21,2119
(c) The inspectors
or board of absentee ballot canvassers shall open the inner
20envelope without examination of the ballot other than is necessary to see that the
21issuing clerk has endorsed it.
SB612,22,222
(d) Upon satisfactory completion of the procedure under pars. (b) and (c) the
23inspectors
or board of absentee ballot canvassers shall deposit the ballot in the ballot
24box. The inspectors
or board of absentee ballot canvassers shall enter the name of
25each elector voting under this section on the poll list with an indication that the
1elector is voting under this section or on a separate list maintained for the purpose
2under s. 6.79 (2) (c).
SB612, s. 11
3Section
11. 6.15 (6) of the statutes is amended to read:
SB612,22,94
6.15
(6) Death of elector. When it appears by due proof to the inspectors
or,
5in municipalities where absentee ballots are canvassed under s. 7.52, when it
6appears by due proof to the board of absentee ballot canvassers that a person voting
7under this section at an election has died before the date of the election, the
8inspectors
or board of absentee ballot canvassers shall return the ballot with
9defective ballots to the issuing official.
SB612, s. 12
10Section
12. 6.21 of the statutes is amended to read:
SB612,22,17
116.21 Deceased electors. When by due proof it appears to the inspectors
or,
12in municipalities where absentee ballots are canvassed under s. 7.52, when by due
13proof it appears to the board of absentee ballot canvassers that a person
voting under
14this section casting an absentee ballot at an election has died before the date of the
15election,
they the inspectors or board of absentee ballot canvassers shall return the
16ballot with defective ballots to the issuing official. The casting of the ballot of a
17deceased elector does not invalidate the election.
SB612, s. 13
18Section
13. 6.22 (2) (b) of the statutes is amended to read:
SB612,22,2119
6.22
(2) (b)
Notwithstanding s. 6.87 (4), a A military elector shall make and
20subscribe to the certification under s. 6.87 (2) before a witness who is an adult U.S.
21citizen.
SB612, s. 14
22Section
14. 6.22 (4) of the statutes is renumbered 6.22 (4) (a) amended to read:
SB612,23,523
6.22
(4) (a)
An A request for an absentee ballot by an individual who qualifies
24as a military elector
may shall be treated as a request
for an absentee ballot
for any
25election, or for all elections
until the individual otherwise requests or until the
1individual no longer qualifies as a military elector.
Upon receiving a timely request
2for an absentee ballot under par. (b) by an individual who qualifies as a military
3elector, the municipal clerk shall send or transmit to the elector an absentee ballot
4for all elections that occur in the municipality or portion thereof where the elector
5resides beginning on the date that the clerk receives the request.
SB612,23,10
6(b) A military elector's application may be received at any time. The municipal
7clerk shall not send a ballot for an election if the application is received later than
85 p.m. on the Friday preceding that election
unless s. 6.87 (3) (d) applies. The
9municipal clerk shall send a ballot, as soon as available, to each military elector who
10requests a ballot.
SB612,23,18
11(d) The board shall prescribe the instructions for marking and returning ballots
12and the municipal clerk shall enclose instructions with each ballot and shall also
13enclose supplemental instructions for local elections. The envelope, return envelope
14and instructions may not contain the name of any candidate appearing on the
15enclosed ballots other than that of the municipal clerk affixed in the fulfillment of
16his or her duties.
Each certificate envelope that is mailed or transmitted to a military
17elector under this section shall be clearly labeled as "Cast by a military elector under
18s. 6.22, Wis. stats., and may be eligible to be counted after election day".
SB612,24,4
19(e) Whenever the material is mailed, the material shall be prepared and mailed
20to make use of the federal free postage laws.
If the material does not qualify for
21mailing without postage under federal free postage laws, the municipal clerk shall
22pay the postage required for mailing to the military elector. If the return envelope
23qualifies for mailing free of postage under federal free postage laws, the clerk shall
24affix the appropriate legend required by U.S. postal regulations. Otherwise the
25municipal clerk shall pay the postage required for return when the ballot is mailed
1from within the United States. If the ballot is not mailed by the military elector from
2within the United States the military elector shall provide return postage. The
3mailing list established under this subsection shall be kept current in the same
4manner as provided in s. 6.86 (2) (b).
SB612, s. 15
5Section
15. 6.22 (4) (c) of the statutes is created to read:
SB612,24,116
6.22
(4) (c) A military elector may indicate an alternate address on his or her
7absentee ballot application. If the elector's ballot is returned as undeliverable prior
8to the deadline for return of absentee ballots under s. 6.87 (6), and the elector remains
9eligible to receive absentee ballots under this section, the municipal clerk shall
10immediately send or transmit an absentee ballot to the elector at the alternate
11address.
SB612, s. 16
12Section
16. 6.22 (4) (f) to (h) of the statutes are created to read:
SB612,24,2513
6.22
(4) (f) If there occur 2 successive general elections at which a military
14elector fails to return an absentee ballot sent or transmitted to the elector under par.
15(a) and the elector has not cast an absentee ballot at any intervening election, if the
16municipal clerk is reliably informed that the elector is no longer a military elector
17or no longer resides in the municipality, or if the elector so requests, the clerk shall
18discontinue sending or transmitting absentee ballots to the elector under this
19subsection. If a military elector who has requested an absentee ballot changes his
20or her residence from the municipality where a request is filed to another
21municipality in this state, the municipal clerk of the municipality who received the
22request shall notify the clerk of the municipality to which the elector's residence is
23changed of the date of the request or the latest renewal under par. (g) and the date
24of the most recent absentee ballot received by the clerk. The municipal clerk who is
25so notified shall treat the request as having been made to him or her.
SB612,25,5
1(g) Prior to any discontinuance of the service provided to a military elector
2under this subsection solely for failure to return absentee ballots, the municipal clerk
3shall mail the elector a 1st class letter or postcard notifying the elector that an
4absentee ballot will no longer be sent to the elector unless the elector renews his or
5her request within 30 days of the date of the notification.
SB612,25,86
(h) The municipal clerk shall notify a military elector of any action under par.
7(f) that is not taken at the elector's request within 5 days of taking that action, if
8possible.
SB612, s. 17
9Section
17. 6.22 (5) of the statutes is amended to read:
SB612,25,1510
6.22
(5) Voting procedure. Except as authorized in
sub. (5m) and s. 6.25, the
11ballot shall be marked and returned, deposited and recorded in the same manner as
12other absentee ballots. In addition, the certification under s. 6.87 (2) shall have a
13statement of the elector's birth date. Failure to return any unused ballots in a
14primary election does not invalidate the ballot on which the elector casts his or her
15votes.
SB612, s. 18
16Section
18. 6.22 (5m) of the statutes is created to read:
SB612,25,2317
6.22
(5m) Treatment of ballots received after close of polls. (a) A vote cast
18on a ballot cast under this section that is received by the municipal clerk after the
19close of the polls but before the deadline for filing a petition for a recount under s. 9.01
20(1) (a) for the office for which the vote is cast shall be treated as valid if the envelope
21in which the ballot was received bears a postal service cancellation mark dated on
22or before the election day for which the ballot was cast, but may only be counted for
23purposes of a recount under s. 9.01.
SB612,26,424
(b) For purposes of par. (a), if a certificate envelope is not postmarked or has
25a postmark that is not legible to the municipal clerk, board of canvassers, or the board
1of absentee ballot canvassers in municipalities where absentee ballots are canvassed
2under s. 7.52, and the envelope was received by mail from the U.S. postal service, it
3is presumed that the envelope was placed in the mail on or before election day, unless
4established by a preponderance of the evidence to the contrary.
SB612,26,115
(c) No later than the closing hour of the polls, the municipal clerk of each
6municipality shall post at his or her office, at any alternate site under s. 6.855, and
7on the Internet at a site announced by the clerk before the polls open, and shall make
8available to any person upon request, a statement of the number of absentee ballots
9that the clerk has mailed or transmitted to military electors under this section and
10that have not been returned by the closing hour on election day. The posting shall
11not include the names or addresses of any military electors.
SB612,26,1812
(d) All ballots received by the municipal clerk under this subsection by the
13deadline specified in par. (a) shall be carefully preserved by the municipal clerk until
14destruction or other disposition is authorized under s. 7.23. If a petition for a recount
15is filed under s. 9.01, the clerk shall immediately notify the appropriate board of
16canvassers as to whether any absentee ballots that have been mailed or transmitted
17to military electors under this section have been received after the closing of the polls
18or have not been returned.
SB612,26,2419
(dm) If the clerk notifies the board of canvassers that any ballots that have been
20mailed or transmitted to military electors under this section have not been returned,
21the board of canvassers shall not proceed with the recount until all such ballots have
22been returned to the clerk and transmitted to the board of canvassers, or 9 a.m. on
23the day following the last day for filing of a petition for the recount, whichever occurs
24first.
SB612,27,4
1(e) The clerk shall transmit to the appropriate board of canvassers all ballots
2received under par. (a) by the clerk as soon as practicable after receiving the last
3ballot but in no case later than 9 a.m. on the day following the last day for filing a
4petition for the recount under s. 9.01.
SB612,27,105
(f) Whenever a board of canvassers conducting a recount receives absentee
6ballots cast by military electors as provided in par. (e), the board of canvassers shall
7first proceed to open and record the names of the military electors whose ballots have
8been received. If the ballot cast by a military elector is otherwise valid, the board of
9canvassers shall count the vote cast on the ballot for the office being recounted and
10shall adjust the original statements, certifications, and determinations accordingly.
SB612,27,1211
(g) The board of canvassers shall then proceed with the recount under s. 9.01
12(1) (b).
SB612, s. 19
13Section
19. 6.24 (4) (d) of the statutes is amended to read:
SB612,27,2114
6.24
(4) (d) An overseas elector who is not registered may request both a
15registration form and an absentee ballot at the same time, and the municipal clerk
16shall send the ballot automatically if the registration form is received within the time
17prescribed in s. 6.28 (1). The board shall prescribe a special certificate form for the
18envelope in which the absentee ballot for overseas electors is contained, which shall
19be substantially similar to that provided under s. 6.87 (2).
Notwithstanding s. 6.87
20(4), an An overseas elector shall make and subscribe to the special certificate form
21before a witness who is an adult U.S. citizen.
SB612, s. 20
22Section
20. 6.24 (6) of the statutes is amended to read:
SB612,28,1323
6.24
(6) Instructions and handling. The municipal clerk shall send a ballot,
24as soon as available, to each overseas elector by whom a request has been made. The
25board shall prescribe the instructions for marking and returning ballots and the
1municipal clerk shall enclose such instructions with each ballot. The envelope,
2return envelope and instructions may not contain the name of any candidate
3appearing on the enclosed ballots other than that of the municipal clerk affixed in
4the fulfillment of his or her duties. Except as authorized in s. 6.87 (3), the municipal
5clerk shall mail the material
postage prepaid to any place in the world. The, with
6sufficient postage to ensure that the elector receives the ballot, unless the material
7qualifies for mailing free of postage under federal free postage laws. If the return
8envelope qualifies for mailing free of postage under federal free postage laws, the
9clerk shall affix the appropriate legend required by U.S. postal regulations.
10Otherwise, the municipal clerk shall pay the postage required for return when the
11ballot is mailed from within the United States. If the ballot is not mailed by the
12overseas elector from within the United States, the overseas elector shall provide
13return postage.
SB612, s. 21
14Section
21. 6.25 (1) of the statutes is amended to read:
SB612,28,2315
6.25
(1) Any individual who qualifies as a military elector under s. 6.22 (1) (b)
16or an overseas elector under s. 6.24 (1) and who transmits an application for an
17official absentee ballot for a general election no later than 30 days before election day
18may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed
19under
42 USC 1973ff-2 for any candidate or for all of the candidates of any
20recognized political party for national office listed on the official ballot at the general
21election if the federal write-in absentee ballot is received by the appropriate
22municipal clerk no later than the time prescribed in s. 6.87 (6)
or, for purposes of a
23recount, within the period authorized in s. 6.22 (5m) (a).