AB947: Bill Text

AB947, s. 38 Section 38. 6.86 (1) (ar) of the statutes is amended to read:

AB947,23,24 6.86 (1) (ar) Except as authorized in s. 6.875 (6), the municipal clerk shall not issue an absentee ballot unless the clerk receives a written application therefor from a qualified elector of the municipality. The clerk shall retain each absentee ballot application until destruction is authorized under s. 7.23 (1). Except as authorized in s. 6.79 (6) and (7), if an elector applies for an absentee ballot in person at the clerk's office, the clerk shall not issue the elector an absentee ballot unless the elector presents a valid operator's license issued to the elector under ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed service, or a valid identification card issued to the elector under s. 343.50. The clerk shall make a copy of the document presented by the elector and shall enclose the copy in the certificate envelope.

AB947, s. 39 Section 39 . 6.86 (1) (ar) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB947,24,14 6.86 (1) (ar) Except as authorized in s. 6.875 (6), the municipal clerk shall not issue an absentee ballot unless the clerk receives a written application therefor from a qualified elector of the municipality. The clerk shall retain each absentee ballot application until destruction is authorized under s. 7.23 (1). Except as authorized in s. 6.79 (6) and (7), if an elector applies for an absentee ballot in person at the clerk's office, the clerk shall not issue the elector an absentee ballot unless the elector presents a valid operator's license issued to the elector under ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed service, or a valid identification card issued to the elector under s. 343.50, or a valid identification certificate issued to the elector under s. 343.505. The clerk shall make a copy of the document presented by the elector and shall enclose the copy in the certificate envelope.

AB947, s. 40 Section 40. 6.86 (3) (a) 1. of the statutes is amended to read:

AB947,25,2 6.86 (3) (a) 1. Any elector who is registered and who is hospitalized, may apply for and obtain an official ballot by agent. The agent may apply for and obtain a ballot for the hospitalized absent elector by presenting a form prescribed by the board and containing the required information supplied by the hospitalized elector and signed by that elector and any other elector residing in the same municipality as the hospitalized elector, corroborating the information contained therein. The corroborating elector shall state on the form his or her full name and address. Except as authorized for an elector who has a confidential listing under s. 6.47 (2) or as authorized in s. 6.87 (4) (b) 4., the agent shall present the license or identification card required under sub. (1) (ar). The clerk shall make a copy of the document presented by the agent and shall enclose the copy in the certificate envelope.

AB947, s. 41 Section 41 . 6.86 (3) (a) 1. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB947,25,13 6.86 (3) (a) 1. Any elector who is registered and who is hospitalized, may apply for and obtain an official ballot by agent. The agent may apply for and obtain a ballot for the hospitalized absent elector by presenting a form prescribed by the board and containing the required information supplied by the hospitalized elector and signed by that elector. Except as authorized for an elector who has a confidential listing under s. 6.47 (2) or as authorized in s. 6.87 (4) (b) 4., the agent shall present the license or, identification card, or identification certificate required under sub. (1) (ar). The clerk shall make a copy of the document presented by the agent and shall enclose the copy in the certificate envelope.

AB947, s. 42 Section 42. 6.86 (3) (a) 2. of the statutes is amended to read:

AB947,26,10 6.86 (3) (a) 2. If a hospitalized elector is not registered, the elector may register by agent under this subdivision at the same time that the elector applies for an official ballot by agent under subd. 1. To register the elector under this subdivision, the agent shall present a completed registration form that contains the required information supplied by the elector and the elector's signature, unless the elector is unable to sign due to physical disability. In this case, the elector may authorize another elector to sign on his or her behalf. Any elector signing a form on another elector's behalf shall attest to a statement that the application is made on request and by authorization of the named elector, who is unable to sign the form due to physical disability. The agent shall present this statement along with all other information required under this subdivision. Except as otherwise provided in this subdivision, the The agent shall in every case provide proof of the elector's residence under s. 6.34. If the elector is registering to vote in the general election and the agent presents a valid driver's license issued to the elector by another state, the municipal clerk shall record on a separate list the name and address of the elector, the name of the state, and the license number and expiration date of the license. If the agent cannot present proof of residence, the registration form shall be signed and substantiated by another elector residing in the elector's municipality of residence, corroborating the information in the form. The form shall contain the full name and address of the corroborating elector. The agent shall then present proof of the corroborating elector's residence under s. 6.34.

AB947, s. 43 Section 43. 6.869 of the statutes is amended to read:

AB947,26,18 6.869 Uniform instructions. The board shall prescribe uniform instructions for absentee voters. The instructions shall include information concerning whether a copy of a license or identification card is required under s. 6.86 (1) (ar) or 6.87 (4) (b) and information concerning the procedure for correcting errors in marking a ballot and obtaining a replacement for a spoiled ballot. The procedure shall, to the extent possible, respect the privacy of each elector and preserve the confidentiality of each elector's vote.

AB947, s. 44 Section 44 . 6.869 of the statutes, as affected by 2009 Wisconsin Act ....(this act), is amended to read:

AB947,27,2 6.869 Uniform instructions. The board shall prescribe uniform instructions for absentee voters. The instructions shall include information concerning whether a copy of a license or, identification card, or identification certificate is required under s. 6.86 (1) (ar) or 6.87 (4) (b) and information concerning the procedure for correcting errors in marking a ballot and obtaining a replacement for a spoiled ballot. The procedure shall, to the extent possible, respect the privacy of each elector and preserve the confidentiality of each elector's vote.

AB947, s. 45 Section 45. 6.87 (3) (d) of the statutes is amended to read:

AB947,27,23 6.87 (3) (d) A municipal clerk 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 s. 6.86 (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 affix sufficient postage unless the absentee ballot qualifies for mailing free of postage under federal free postage laws and shall mail the absentee ballot 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.

AB947, s. 46 Section 46. 6.87 (4) of the statutes is renumbered 6.87 (4) (b) 1. and amended to read:

AB947,29,6 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 who is an adult U.S. citizen. 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. If proof of residence is required Except as authorized in subds. 2. to 5. and s. 6.875 (6) and 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 proof of residence under s. 6.34 is required and the document enclosed by the elector under this subdivision does not constitute proof of residence under s. 6.34, the elector shall also enclose proof of residence under s. 6.34 in the envelope. Proof of residence is required if the elector is not a military elector or an overseas elector, as defined in s. 6.34 (1), and the elector registered by mail and has not voted in an election in this state. If the elector requested a ballot by means of facsimile transmission or electronic mail under s. 6.86 (1) (ac), the elector shall enclose in the envelope a copy of the request which bears an original signature of the elector. 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, or delivered in person, to the municipal clerk issuing the ballot or ballots. If the envelope is mailed from a location outside the United States, the elector shall affix sufficient postage unless the ballot qualifies for delivery free of postage under federal law. 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.

AB947, s. 47 Section 47. 6.87 (4) (a) of the statutes is created to read:

AB947,29,8 6.87 (4) (a) In this subsection:

AB947,29,9 1. "Military elector" has the meaning given in s. 6.34 (1) (a).

AB947,29,10 2. "Overseas elector" has the meaning given in s. 6.34 (1) (b).

AB947, s. 48 Section 48 . 6.87 (4) (b) 1. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB947,30,18 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 who is an adult U.S. citizen. 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) and notwithstanding s. 343.43 (1) (f), the elector shall enclose a copy of the license or, identification card, or identification certificate 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 proof of residence under s. 6.34 is required and the document enclosed by the elector under this subdivision does not constitute proof of residence under s. 6.34, the elector shall also enclose proof of residence under s. 6.34 in the envelope. Proof of residence is required if the elector is not a military elector or an overseas elector and the elector registered by mail and has not voted in an election in this state. If the elector requested a ballot by means of facsimile transmission or electronic mail under s. 6.86 (1) (ac), the elector shall enclose in the envelope a copy of the request which bears an original signature of the elector. 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, or delivered in person, to the municipal clerk issuing the ballot or ballots. If the envelope is mailed from a location outside the United States, the elector shall affix sufficient postage unless the ballot qualifies for delivery free of postage under federal law. 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.

AB947, s. 49 Section 49. 6.87 (4) (b) 2. of the statutes is created to read:

AB947,30,25 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 a copy of a license or identification card 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.

AB947, s. 50 Section 50 . 6.87 (4) (b) 2. of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB947,31,9 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 a copy of a license or, identification card, or identification certificate 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.

AB947, s. 51 Section 51. 6.87 (4) (b) 3. of the statutes is created to read:

AB947,31,15 6.87 (4) (b) 3. If the absentee elector has received an absentee ballot from the municipal clerk by mail for a previous election, has provided a copy of a license or identification card 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 a copy of the identification required under s. 6.86 (1) (ar).

AB947, s. 52 Section 52 . 6.87 (4) (b) 3. of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB947,31,23 6.87 (4) (b) 3. If the absentee elector has received an absentee ballot from the municipal clerk by mail for a previous election, has provided a copy of a license or, identification card, or identification certificate 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 a copy of the identification required under s. 6.86 (1) (ar).

AB947, s. 53 Section 53. 6.87 (4) (b) 4. of the statutes is created to read:

AB947,32,9 6.87 (4) (b) 4. If the absentee elector has received a citation or notice of intent to revoke or suspend an operator's license from a law enforcement officer in any jurisdiction that is dated within 60 days of the date of the election and is required to surrender his or her operator's license issued to the elector under ch. 343 at the time the citation or notice is issued, the elector may enclose a copy of the citation or notice in lieu of a copy of an operator's license under ch. 343 if the elector is voting by mail, or may present an original copy of the citation or notice in lieu of an operator's license under ch. 343 if the elector is voting at the office of the municipal clerk.

AB947, s. 54 Section 54. 6.87 (4) (b) 5. of the statutes is created to read:

AB947,32,24 6.87 (4) (b) 5. Unless subd. 3. or 4. applies, if the absentee elector resides in a qualified retirement home, as defined in s. 6.875 (1) (at), a qualified community-based residential facility, as defined in s. 6.875 (1) (as), 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, facility, or home is located does not send special voting deputies to visit the complex, facility, or home at the election under s. 6.875, the elector may, in lieu of providing a copy of a license or identification card 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 of the complex, facility, or home that the elector resides in the complex, facility, or home and the complex, facility, 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.

AB947, s. 55 Section 55 . 6.87 (4) (b) 5. of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB947,33,14 6.87 (4) (b) 5. Unless subd. 3. or 4. 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 a copy of a license or, identification card, or identification certificate 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 of the complex or home 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.

AB947, s. 56 Section 56. 6.875 (title) of the statutes is amended to read:

AB947,33,17 6.875 (title) Absentee voting in nursing and retirement certain homes and certain community-based residential, facilities, and complexes.

AB947, s. 57 Section 57. 6.875 (1) (ap) and (asm) of the statutes are created to read:

AB947,33,21 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.

AB947,33,24 (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.

AB947, s. 58 Section 58. 6.875 (2) (a) of the statutes is amended to read:

AB947,34,4 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.

AB947, s. 59 Section 59. 6.875 (2) (d) of the statutes is created to read:

AB947,34,16 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 such 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.

AB947, s. 60 Section 60. 6.875 (3) and (4) of the statutes are amended to read:

AB947,35,13 6.875 (3) 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 who qualifies as an absent elector and desires to receive an absentee ballot shall make application under s. 6.86 (1), (2), or (2m) 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.

AB947,36,11 (4) (a) 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, or qualified adult family homes are located shall appoint at least 2 special voting deputies for the municipality. Upon application under s. 6.86 (1), (2), or (2m) by one or more qualified electors who are occupants of a nursing home or qualified retirement home or qualified community-based residential, facility, or complex, the municipal clerk or board of election commissioners of the municipality in which the home or, facility, or complex is located 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 clerk shall maintain a list, available to the public upon request, of each nursing home or qualified retirement home or qualified community-based residential , facility, or complex where an elector has requested an absentee ballot. The list shall include the date and time the deputies intend to visit each home or facility. The 2 deputies designated to visit each nursing home or, qualified retirement home or, 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.

AB947,36,22 (b) Nominations for the special voting deputy positions described in par. (a) 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 the duties under par. (a) 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, or qualified adult family home in the municipality, or any member of the individual's immediate family, as defined in s. 19.42 (7), may be appointed to serve as a deputy.

AB947, s. 61 Section 61. 6.875 (6) (a) and (b) of the statutes are amended to read:

AB947,37,11 6.875 (6) (a) 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. The municipal clerk shall post a notice at the home or, facility , or complex indicating the date and time that absentee voting will take place at that home or, facility, or complex. The notice shall be posted as soon as practicable after arranging the visit but in no case less than 24 hours before the visit. At the designated time, 2 deputies appointed under sub. (4) shall visit the home or, facility, or complex.

AB947,37,20 (b) 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 for an absentee ballot received by the clerk, and a reasonable additional number of ballots. The deputies may exercise the authority granted to the chief inspector under s. 7.41 to regulate the conduct of observers. For purposes of the application of s. 7.41, the home or, facility, or complex shall be treated as a polling place. 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.

AB947, s. 62 Section 62. 6.875 (6) (c) 1. of the statutes is amended to read:

AB947,38,17 6.875 (6) (c) 1. Upon their visit to the home or, facility, or complex under par. (a), the deputies shall personally offer each elector who has filed a proper application for an absentee ballot the opportunity to cast his or her absentee ballot. In lieu of providing a copy of a license or identification card 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 a license or identification card under s. 6.87 (4) (b) 1., the deputies shall make a copy of the document presented by the elector and shall enclose the copy in the certificate envelope. If an elector is present who has not filed a proper application for an absentee ballot, 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 a license or identification card, whenever required, or submits a statement containing his or her name and address under this subdivision, 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. All voting shall be conducted in the presence of the deputies. 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. 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.

AB947, s. 63 Section 63 . 6.875 (6) (c) 1. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB947,39,16 6.875 (6) (c) 1. Upon their visit to the home, facility, or complex under par. (a), the deputies shall personally offer each elector who has filed a proper application for an absentee ballot the opportunity to cast his or her absentee ballot. In lieu of providing a copy of a license or, identification card, or identification certificate 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 a license or, identification card, or identification certificate under s. 6.87 (4) (b) 1., the deputies shall make a copy of the document presented by the elector and shall enclose the copy in the certificate envelope. If an elector is present who has not filed a proper application for an absentee ballot, 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 a license or, identification card, or identification certificate, whenever required, or submits a statement containing his or her name and address under this subsection, 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. All voting shall be conducted in the presence of the deputies. 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. 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.

AB947, s. 64 Section 64. 6.875 (6) (c) 2. of the statutes is amended to read:

AB947,39,24 6.875 (6) (c) 2. Upon the request of a relative of 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, the administrator of the home or, facility , or complex 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.

AB947, s. 65 Section 65. 6.875 (6) (e) of the statutes is amended to read:

AB947,40,5 6.875 (6) (e) 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, the deputies 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.

AB947, s. 66 Section 66. 6.875 (7) of the statutes is amended to read:

AB947,40,15 6.875 (7) One observer from each of the 2 recognized political parties whose candidate for governor or president received the greatest number of votes in the municipality at the most recent general election may accompany the deputies to each home or, facility, or complex where absentee voting will take place under this section. The observers may observe the process of absentee ballot distribution in the common areas of the home or, facility, or complex. Each party wishing to have an observer present shall submit the name of the observer to the clerk or board of election commissioners no later than the close of business on the last business day prior to the visit.

AB947, s. 67 Section 67. 6.88 (3) (a) of the statutes is amended to read:

AB947,41,16 6.88 (3) (a) Except in municipalities where absentee ballots are canvassed under s. 7.52, at any time between the opening and closing of the polls on election day, the inspectors shall, in the same room where votes are being cast, in such a manner that members of the public can hear and see the procedures, 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 proof of residence under s. 6.34 is required and no proof of residence 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, or if the elector is not a military elector or an overseas elector, as defined in s. 6.34 (1), and the elector is required to provide, or to provide a copy of, a license or identification card under s. 6.86 (1) (ar) or 6.87 (4) (b) 1. and no copy of the license or identification card is enclosed or the name on the document cannot be verified by the inspectors, 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.

AB947, s. 68 Section 68 . 6.88 (3) (a) of the statutes, as affected by 2009 Wisconsin Act ....(this act), is amended to read:

AB947,42,19 6.88 (3) (a) Except in municipalities where absentee ballots are canvassed under s. 7.52, at any time between the opening and closing of the polls on election day, the inspectors shall, in the same room where votes are being cast, in such a manner that members of the public can hear and see the procedures, 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 proof of residence under s. 6.34 is required and no proof of residence 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, or if the elector is not a military elector or an overseas elector, as defined in s. 6.34 (1), and the elector is required to provide, or to provide a copy of, a license or , identification card, or identification certificate under s. 6.86 (1) (ar) or 6.87 (4) (b) 1. and no copy of the license or, identification card, or identification certificate is enclosed or the name on the document cannot be verified by the inspectors, 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.

AB947, s. 69 Section 69. 6.965 of the statutes is created to read:

AB947,43,15 6.965 Voting procedure for electors presenting citation or notice in lieu of license. Whenever any elector is allowed to vote at a polling place under s. 6.79 (7) by presenting a citation or notice of intent to revoke or suspend an operator's license in lieu of an operator's license issued to the elector under ch. 343, the inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the elector corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.965." If voting machines are used in the municipality where the elector is voting, the elector's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the notation "s. 6.965" written on the back of the ballot by the inspectors before the ballot is given to the elector. If the municipal clerk receives an absentee ballot from an elector who presents a citation or notice, or copy thereof, under s. 6.87 (4) (b) 4., the clerk shall enter a notation on the certificate envelope "Ballot under s. 6.965, stats." Upon receiving the envelope, the inspectors shall open and write on the back of the ballot the serial number of the elector corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.965." The inspectors shall indicate on the poll list or other list maintained under s. 6.79 the fact that the elector is voting by using a citation or notice in lieu of a license. The inspectors shall then deposit the ballot. The ballot shall then be counted under s. 5.85, or under s. 7.51 or 7.52.

AB947, s. 70 Section 70. 6.97 (title) of the statutes, as affected by 2009 Wisconsin Act 180, is amended to read:

AB947,43,19 6.97 (title) Voting procedure for individuals not providing required proof of residence or identification.

AB947, s. 71 Section 71. 6.97 (1) of the statutes is amended to read:

AB947,45,2 6.97 (1) Whenever any individual who is required to provide proof of residence under s. 6.34 in order to be permitted to vote appears to vote at a polling place and cannot provide the required proof of residence, the inspectors shall offer the opportunity for the individual to vote under this section. Whenever any individual, other than a military elector or an overseas elector, as defined in s. 6.34 (1), or an elector who has a confidential listing under s. 6.47 (2), appears to vote at a polling place and does not present a license or identification card under s. 6.79 (2), whenever required, the inspectors or the municipal clerk shall similarly 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 proof of residence or a license or identification card under s. 6.79 (2) but did not do so. The inspectors shall notify the individual that he or she may provide proof of residence or a license or identification card 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.

AB947, s. 72 Section 72 . 6.97 (1) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB947,46,12 6.97 (1) Whenever any individual who is required to provide proof of residence under s. 6.34 in order to be permitted to vote appears to vote at a polling place and cannot provide the required proof of residence, the inspectors shall offer the opportunity for the individual to vote under this section. Whenever any individual, other than a military elector or an overseas elector, as defined in s. 6.34 (1), or an elector who has a confidential listing under s. 6.47 (2), appears to vote at a polling place and does not present a license or, identification card, or identification certificate under s. 6.79 (2), whenever required, the inspectors or the municipal clerk shall similarly 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 proof of residence or a license or, identification card, or identification certificate under s. 6.79 (2) but did not do so. The inspectors shall notify the individual that he or she may provide proof of residence or a license or, identification card, or identification certificate 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.

AB947, s. 73 Section 73. 6.97 (2) of the statutes is amended to read:

AB947,47,8 6.97 (2) Whenever any individual who votes by absentee ballot is required to provide proof of residence in order to be permitted to vote and does not provide the required proof of residence under s. 6.34, the inspectors shall treat the ballot as a provisional ballot under this section. Whenever any individual, other than a military elector or an overseas elector, as defined in s. 6.34 (1), an individual who has a confidential listing under s. 6.47 (2), or an individual who is exempted under s. 6.87 (4) or s. 6.875 (6), votes by absentee ballot and does not enclose a copy of the license or identification card required under s. 6.86 (1) (ar), the inspectors shall similarly treat the ballot as a provisional ballot under this section. Upon removing the ballot from the envelope, 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 proof of residence or to provide, or provide a copy of, a license or identification card required under s. 6.86 (1) (ar) or 6.87 (4) (b) 1. 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.

AB947, s. 74 Section 74 . 6.97 (2) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB947,48,5 6.97 (2) Whenever any individual who votes by absentee ballot is required to provide proof of residence in order to be permitted to vote and does not provide the required proof of residence under s. 6.34, the inspectors shall treat the ballot as a provisional ballot under this section. Whenever any individual, other than a military elector or an overseas elector, as defined in s. 6.34 (1), an individual who has a confidential listing under s. 6.47 (2), or an individual who is exempted under s. 6.87 (4) or s. 6.875 (6), votes by absentee ballot and does not enclose a copy of the license or, identification card, or identification certificate required under s. 6.86 (1) (ar), the inspectors shall similarly treat the ballot as a provisional ballot under this section. Upon removing the ballot from the envelope, the inspectors shall 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". The inspectors shall indicate on the list the fact that the individual is required to provide proof of residence or to provide, or provide a copy of, a license or, identification card, or identification certificate required under s. 6.86 (1) (ar) or 6.87 (4) (b) 1. 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.

AB947, s. 75 Section 75. 6.97 (3) of the statutes is renumbered 6.97 (3) (b) and amended to read:

AB947,49,2 6.97 (3) (b) 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.

AB947, s. 76 Section 76. 6.97 (3) (a) of the statutes is created to read:

AB947,49,14 6.97 (3) (a) Whenever an elector who votes by provisional ballot under sub. (1) or (2) because the elector does not provide a license or identification card or copy thereof under s. 6.79 (2) or 6.86 (1) (ar) later appears at the polling place where the ballot is cast before the closing hour and provides the license or identification card or copy thereof, the inspectors shall remove the elector's ballot from the separate carrier envelope, shall note on the poll list that the elector's provisional ballot is withdrawn, and shall deposit the elector's ballot in the ballot box. If the inspectors have notified the municipal clerk or executive director of the board of election commissioners that the elector's ballot was cast under this section, the inspectors shall notify the clerk or executive director that the elector's provisional ballot is withdrawn.

AB947, s. 77 Section 77 . 6.97 (3) (a) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB947,50,2 6.97 (3) (a) Whenever an elector who votes by provisional ballot under sub. (1) or (2) because the elector does not provide a license or , identification card, or identification certificate or copy thereof under s. 6.79 (2) or 6.86 (1) (ar) later appears at the polling place where the ballot is cast before the closing hour and provides the license or, identification card, or identification certificate or copy thereof, the inspectors shall remove the elector's ballot from the separate carrier envelope, shall note on the poll list that the elector's provisional ballot is withdrawn, and shall deposit the elector's ballot in the ballot box. If the inspectors have notified the municipal clerk or executive director of the board of election commissioners that the elector's ballot was cast under this section, the inspectors shall notify the clerk or executive director that the elector's provisional ballot is withdrawn.

AB947, s. 78 Section 78 . 6.97 (3) (b) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB947,50,25 6.97 (3) (b) 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 identification certificate 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 identification certificate 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.

AB947, s. 79 Section 79. 6.97 (3) (c) of the statutes is created to read: