SB640: Bill Text

SB640, s. 49 Section 49. 6.36 (1) (bm) of the statutes is created to read:

SB640,34,6 6.36 (1) (bm) 1. In this paragraph, "state authority" has the meaning given in s. 19.62 (8).

SB640,34,9 2. Except as provided in s. 6.256 (11), the board may transfer any information in the official registration list to which access is restricted under par. (b) 1. a. to any state authority or to a subunit of the state government of another state.

SB640, s. 50 Section 50. 6.36 (2) (a) of the statutes is amended to read:

SB640,34,21 6.36 (2) (a) Except as provided in par. (b), each registration list prepared for use as a poll list at a polling place or for purposes of canvassing absentee ballots at an election shall contain the full name and address of each registered elector; a blank column for the entry of the serial number of the electors when they vote or the poll list number used by the municipal board of absentee ballot canvassers in canvassing absentee ballots; an indication whether the registration of an elector has been confirmed under s. 6.256 (7), if confirmation is required; an indication next to the name of each elector for whom proof of residence under s. 6.34 is required; and a form of certificate bearing the certification of the administrator of the elections division of the board stating that the list is a true and complete registration list of the municipality or the ward or wards for which the list is prepared.

SB640, s. 51 Section 51. 6.36 (2) (c) of the statutes is amended to read:

SB640,35,3 6.36 (2) (c) The list shall contain, next to the name of each elector, an indication of whether proof of residence under s. 6.34 is required for the elector to be permitted to vote. Proof of residence is required if the elector is not a military elector or an overseas elector and the elector registers by mail or has not confirmed his or her registration under s. 6.256 (7) and has not previously voted in an election in this state.

SB640, s. 52 Section 52. 6.54 of the statutes is amended to read:

SB640,35,9 6.54 Failure to register; rights. No name may be added to the registration list after the close of registration, but any person whose name is not on the registration list or whose registration has not been confirmed under s. 6.256 (7), if confirmation is required, but who is otherwise a qualified elector , is entitled to vote at the election upon compliance with s. 6.29 or 6.55.

SB640, s. 53 Section 53. 6.55 (title) of the statutes is amended to read:

SB640,35,12 6.55 (title) Polling place registration and registration confirmation; voting by certification.

SB640, s. 54 Section 54. 6.55 (2) (a) 1. of the statutes is amended to read:

SB640,35,24 6.55 (2) (a) 1. Except where the procedure under par. (c) or (cm) is employed, any person who qualifies as an elector in the ward or election district where he or she desires to vote, but has not previously filed a registration form, whose registration appears on the registration list but has not been confirmed under s. 6.256 (7) or who was registered at another location, may request permission to vote at the polling place for that ward or election district, or at an alternate polling place assigned under s. 5.25 (5) (b). When a proper request is made, the inspector shall require the person to execute a registration form or confirmation form prescribed by the board. The An original registration form shall be completed in the manner provided under s. 6.33 (2) and shall contain all information required under s. 6.33 (1), together with the following certification:

SB640,36,3 "I, ...., hereby certify that, to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 days immediately preceding this election, and I have not voted at this election."

SB640, s. 55 Section 55. 6.55 (2) (b) of the statutes is amended to read:

SB640,36,21 6.55 (2) (b) Upon executing the a registration form or confirmation form under par. (a), the elector shall provide proof of residence under s. 6.34. If the elector cannot provide proof of residence, the information contained in the elector's registration form or confirmation form shall be corroborated in a statement that is signed by any another elector who resides in the same municipality as the registering elector and that contains the current street address of the corroborating elector. The corroborator shall then provide proof of residence as provided in s. 6.34. If the elector is registering to vote or confirming his or her registration in the general election and the elector presents a valid driver's license issued by another state, the inspector or deputy 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. The signing by the elector executing the registration form or confirmation form and the signing by any corroborator shall be in the presence of the special registration deputy or inspector who shall then print his or her name on and sign the form, indicating that the deputy or inspector has accepted the form. Upon compliance with this procedure, the elector shall be permitted to cast his or her vote, if the elector complies with all other requirements for voting at the polling place.

SB640, s. 56 Section 56. 6.55 (2) (c) 1. and 2. of the statutes are amended to read:

SB640,37,24 6.55 (2) (c) 1. As an alternative to registration or confirmation of registration under par. (a) at the a polling place under pars. (a) and (b), the board of election commissioners, or the governing body of any municipality may by resolution require a person who qualifies as an elector and who is not registered or confirmed and desires to register or confirm his or her registration on the day of an election to do so at another readily accessible location in the same building as the polling place serving the elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b), instead of at the polling place serving the elector's residence. In such case, the municipal clerk shall prominently post a notice of the registration location at the polling place. The elector who desires to register or confirm his or her registration shall execute a registration form or confirmation form as prescribed under par. (a) and provide proof of residence as provided under s. 6.34. If the elector cannot provide proof of residence, the information contained in the registration form or confirmation form shall be corroborated in the manner provided in par. (b). If the elector is registering to vote or confirming his or her registration in the general election and the elector presents a valid driver's license issued by another state, the municipal clerk, deputy clerk, or special registration deputy 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. The signing by the elector executing the registration form or confirmation form and the signing by any corroborator shall be in the presence of the municipal clerk, deputy clerk or special registration deputy. The municipal clerk, the deputy clerk, or the special registration deputy shall then print his or her name and sign the form, indicating that the clerk, deputy clerk, or deputy has accepted the form. Upon proper completion of registration, the municipal clerk, deputy clerk or special registration deputy shall serially number the registration and give one copy to the elector for presentation at the polling place serving the elector's residence or an alternate polling place assigned under s. 5.25 (5) (b).

SB640,38,9 2. Upon compliance with the procedures under subd. 1., the municipal clerk or deputy clerk shall issue a certificate addressed to the inspectors of the proper polling place directing that the elector be permitted to cast his or her vote if the elector complies with all requirements for voting at the polling place. The clerk shall enter the name and address of the elector on the face of the certificate. If the elector's registration or confirmation is corroborated, the clerk shall also enter the name and address of the corroborator on the face of the certificate. The certificate shall be numbered serially and prepared in duplicate. The municipal clerk shall preserve one copy in his or her office.

SB640, s. 57 Section 57. 6.55 (2) (cs) of the statutes is amended to read:

SB640,39,2 6.55 (2) (cs) The board shall provide to each municipal clerk a list prepared for use at each polling place showing the name and address of each person whose name appears on the list provided by the department of corrections under s. 301.03 (20m) as ineligible to vote on the date of the election, whose address is located in the area served by that polling place, and whose name does not appear on the poll list for that polling place. Prior to permitting an elector to register to vote or to confirm a registration in accordance with s. 6.256 (7) under this subsection or s. 6.86 (3) (a) 2., the inspectors or special registration deputies shall review the list. If the name of an elector who wishes to register to vote appears on the list, the inspectors or special registration deputies shall inform the elector or the elector's agent that the elector is ineligible to register to vote. If the elector or the elector's agent maintains that the elector is eligible to vote in the election, the inspectors or special registration deputies shall permit the elector to register or to confirm his or her registration but shall mark the elector's registration form as "ineligible to vote per Department of Corrections." If the elector wishes to vote, the inspectors shall require the elector to vote by ballot and shall challenge the ballot as provided in s. 6.79 (2) (dm).

SB640, s. 58 Section 58. 6.55 (5) of the statutes is amended to read:

SB640,39,5 6.55 (5) Any person who violates falsifies a statement under this section may be punished as provided in ss. 12.13 (3) (g) and 12.60 (1) (b).

SB640, s. 59 Section 59. 6.79 (4) of the statutes is amended to read:

SB640,39,20 6.79 (4) Supplemental information. When any elector provides proof of residence under s. 6.15, 6.29 or 6.55 (2), the election officials shall enter the type of identifying document provided on the poll list, or separate list maintained under sub. (2) (c). If the document submitted as proof of identity or residence includes a number which applies only to the individual holding that document, the election officials shall also enter that number on the list. When any elector corroborates the registration identity or residence or confirmation of registration of any person offering to vote under s. 6.55 (2) (b) or (c), or the registration identity or residence or confirmation of any person registering on election day under s. 6.86 (3) (a) 2., the election officials shall also enter the name and address of the corroborator next to the name of the elector whose information is being corroborated on the poll list, or the separate list maintained under sub. (2) (c). When any person offering to vote has been challenged and taken the oath, following the person's name on the poll list, the officials shall enter the word "Sworn".

SB640, s. 60 Section 60. 6.855 (title) of the statutes is amended to read:

SB640,39,22 6.855 (title) Alternate absentee ballot site sites.

SB640, s. 61 Section 61. 6.855 (1) of the statutes is amended to read:

SB640,40,21 6.855 (1) The governing body of a municipality may elect to designate a site one or more sites other than the office of the municipal clerk or board of election commissioners as the a location from which electors of the municipality may request and vote absentee ballots and to which voted absentee ballots shall may be returned by electors for any election. The designated site shall be located as near as practicable to the office of the municipal clerk or board of election commissioners and no No alternate site may be designated that affords an advantage to any political party. An election by a governing body to designate an alternate site under this section shall be made no fewer than 14 days prior to the time that absentee ballots are available for the primary under s. 7.15 (1) (cm), if a primary is scheduled to be held, or at least no fewer than 14 days prior to the time that absentee ballots are available for the election under s. 7.15 (1) (cm), if a primary is not scheduled to be held, and shall remain in effect until at least the day after the election. If the governing body of a municipality makes an election under this section, no function related to voting and return of absentee ballots that is to be conducted at the alternate site may be conducted in the office of the municipal clerk or board of election commissioners. An alternate site may be used for absentee voting in addition to or in lieu of use of the office of the municipal clerk or board of election commissioners. No later than the latest time specified in this subsection for designation of an alternate site for absentee voting at an election, a municipality designating an alternate site shall provide written notice to the board of the designation of the site, the address of the site, and the election at which it will be in operation.

SB640, s. 62 Section 62. 6.855 (2) of the statutes is amended to read:

SB640,41,9 6.855 (2) The municipal clerk or board of election commissioners shall prominently display a notice of the designation of the each alternate site selected under sub. (1) in the office of the municipal clerk or board of election commissioners beginning on the date that the site is designated under sub. (1) and continuing through the period that absentee ballots are available for the election and for any primary under s. 7.15 (1) (cm). The notice shall specify the days and hours of operation of each alternate site and the days and hours of operation of the office of the municipal clerk or board of election commissioners. If the municipal clerk or board of election commissioners maintains a Web site on the Internet, the clerk or board of election commissioners shall post a notice of the designation of the each alternate site selected under sub. (1) on the Web site during the same period that notice is displayed in the office of the clerk or board of election commissioners.

SB640, s. 63 Section 63. 6.86 (1) (a) (intro.) of the statutes is amended to read:

SB640,41,14 6.86 (1) (a) (intro.) Any elector of a municipality who is registered to vote whenever required and who qualifies under ss. 6.20 and 6.85 as an absent elector may make written application to the municipal clerk of that municipality for an official ballot by one of the following methods:

SB640, s. 64 Section 64. 6.86 (1) (a) 3. of the statutes is amended to read:

SB640,41,16 6.86 (1) (a) 3. By signing submitting a statement under sub. (2) (a).

SB640, s. 65 Section 65 . 6.86 (1) (a) 3. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

SB640,41,20 6.86 (1) (a) 3. By filing a request to receive absentee ballots under sub. (2m) (a) or s. 6.22 (4) or 6.24 (4).

SB640, s. 66 Section 66. 6.86 (1) (ab) of the statutes is created to read:

SB640,41,23 6.86 (1) (ab) The application shall be signed by the elector except as authorized in par. (ag) and subs. (2m) (a) and (3) (a) 1.

SB640, s. 67 Section 67. 6.86 (1) (ac) of the statutes is amended to read:

SB640,42,6 6.86 (1) (ac) Any elector qualifying under par. (a) may make written application to the municipal clerk for an official ballot by means of facsimile transmission or electronic mail. Any application under this paragraph shall need not contain a copy of the applicant's original signature. An elector requesting a ballot under this paragraph shall return with the voted ballot a copy of the request bearing an original signature of the elector as provided in s. 6.87 (4).

SB640, s. 68 Section 68. 6.86 (1) (ad) of the statutes is created to read:

SB640,42,10 6.86 (1) (ad) The board shall prescribe the form of applications for absentee ballots by electors who vote in person at the office of the municipal clerk or an alternate site designated under s. 6.855.

SB640, s. 69 Section 69. 6.86 (1) (b) of the statutes is amended to read:

SB640,43,8 6.86 (1) (b) Except as provided in this section, if application is made by mail, facsimile transmission, or electronic mail, the application, signed by the elector, shall be received no later than 5 p.m. on the 5th day immediately preceding the election. If application is made in person, the application shall be made no later than 5 p.m. on the day preceding the election. If Except as provided in par. (c), if the elector is making written application for an absentee ballot at the September primary or, the general election, the presidential preference primary, or a special election for national office, and the application indicates that the elector is a military elector, as defined in s. 6.36 (2) (c), the application shall be received by the municipal clerk no later than 5 p.m. on election day. If the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then witness the voting procedure as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk as required in s. 6.88. If application is made under sub. (2) or (2m), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

SB640, s. 70 Section 70 . 6.86 (1) (b) of the statutes, as affected by 2009 Wisconsin Act ....(this act), is amended to read:

SB640,44,6 6.86 (1) (b) Except as provided in this section, if application is made by mail, facsimile transmission, or electronic mail, the application shall be received no later than 5 p.m. on the 5th day immediately preceding the election. If application is made in person, the application shall be made no later than 5 p.m. on the day preceding the election. Except as provided in par. (c), if the elector is making written application for an absentee ballot at the September primary, the general election, the presidential preference primary, or a special election for national office, and the application indicates that the elector is a military elector, as defined in s. 6.36 (2) (c) 6.34 (1), the application shall be received by the municipal clerk no later than 5 p.m. on election day. If the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then witness the voting procedure as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk as required in s. 6.88. If application is made under sub. (2) or (2m), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

SB640, s. 71 Section 71. 6.86 (1) (c) of the statutes is amended to read:

SB640,44,11 6.86 (1) (c) If an application is made by mail by a military elector, as defined in s. 6.22 (1) (b), by mail, facsimile transmission, or electronic mail, the application shall be received no later than 5 p.m. on the Friday immediately preceding the election.

SB640, s. 72 Section 72. 6.86 (2) of the statutes is repealed.

SB640, s. 73 Section 73. 6.86 (2m) of the statutes is renumbered 6.86 (2m) (a) and amended to read:

SB640,45,19 6.86 (2m) (a) An Except as provided in this subsection, any elector other than an elector who is eligible to receive absentee ballots under sub. (2) receives an absentee ballot under s. 6.22 (4) or 6.24 (4) (c) may by written application filed with the municipal clerk of the municipality where the elector resides require that an absentee ballot be sent to the elector automatically for every succeeding election that is held within the same calendar year in which the application is filed until the elector is no longer an elector of the municipality or the elector otherwise requests. If an elector is unable to sign the application and has designated an agent with the power of attorney and the agent has authority to act on the elector's behalf, the agent may file the application. The application form and instructions shall be prescribed by the board, and furnished upon request to any elector by each municipal clerk. The municipal clerk shall thereupon mail an absentee ballot to the elector for all succeeding elections that are held in the municipality during the same calendar year that the application is filed, except that the clerk shall not send an absentee ballot for an election if the elector's name appeared on the registration list in eligible status for a previous election following the date of the application but no longer appears on the list in eligible status. The municipal clerk shall ensure that the envelope containing the absentee ballot is clearly marked as not forwardable. If an elector who files an application under this subsection no longer resides at the same address that is indicated on the application form, the elector shall so notify the municipal clerk. The municipal clerk shall discontinue mailing absentee ballots to an elector under this subsection upon receipt of reliable information that the elector no longer qualifies for the service as an elector of the municipality. In addition, the municipal clerk shall discontinue mailing absentee ballots to an elector under this subsection if the elector fails to return any absentee ballot mailed to the elector. The municipal clerk shall notify the elector of any such action not taken at the elector's request within 5 days, if possible. An elector who fails to cast an absentee ballot but who remains qualified to receive absentee ballots under this subsection may then receive absentee ballots for subsequent elections by notifying the municipal clerk that the elector wishes to continue receiving absentee ballots for subsequent elections.

SB640,46,2 (b) If a municipal clerk is notified by an elector that the elector's residence is changed to another municipality within this state, the municipal clerk shall forward the request to the municipal clerk of that municipality and that. The municipal clerk shall honor the request, except as provided in this subsection of that municipality shall thereupon send an absentee ballot to the elector for each succeeding election held in the municipality until the elector is no longer an elector of the municipality or the elector otherwise requests, except as otherwise provided in this subsection.

SB640, s. 74 Section 74. 6.86 (3) (a) of the statutes is amended to read:

SB640,46,14 6.86 (3) (a) 1. Any elector who is registered and whose registration is confirmed, whenever confirmation is required, 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. Notwithstanding sub. (2m) (a), if the hospitalized elector has designated the agent with the power of attorney and the agent has authority to act on the elector's behalf, the agent may sign the application form on behalf of the elector.

SB640,47,16 2. If a hospitalized elector is not registered, the elector may register or confirm his or her registration 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 To confirm a registration under this subdivision, the agent shall present a completed registration confirmation form under s. 6.256 (7). If the elector is unable to sign either form due to physical disability, 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 or confirmation 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 agent shall in every case provide proof of the elector's residence under s. 6.34. If the elector has designated the agent with the power of attorney and the agent has authority to act on the elector's behalf, the agent may sign the registration form on behalf of the elector. If the elector is registering to vote for or confirming an elector's registration for voting in the general election and the elector's 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 or confirmation 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 elector's agent shall then present proof of the corroborating elector's residence under s. 6.34.

SB640, s. 75 Section 75. 6.86 (3) (c) of the statutes is amended to read:

SB640,48,8 6.86 (3) (c) An application under par. (a) 1. may be made and a registration form or confirmation form under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier than 7 days before an election and not later than 5 p.m. on the day of the election. A list of hospitalized electors applying for ballots under par. (a) 1. shall be made by the municipal clerk and used to check that the electors vote only once, and by absentee ballot. If the elector is registering for the election after the close of registration or if the elector registered by mail or the elector confirmed his or her registration after the close of registration and has not voted in an election in this state, the municipal clerk shall inform the agent that proof of residence under s. 6.34 is required and the elector shall enclose proof of residence under s. 6.34 in the envelope with the ballot. The ballot shall be sealed by the elector and returned to the municipal clerk either by mail or by personal delivery of the agent; but if the ballot is returned on the day of the election, the agent shall make personal delivery to the polling place serving the hospitalized elector's residence before the closing hour or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk no later than 8 p.m. on election day.

SB640, s. 76 Section 76. 6.86 (3) (d) of the statutes is created to read:

SB640,48,14 6.86 (3) (d) A power of attorney agent is not permitted to cast an absentee ballot on behalf of a hospitalized elector, but if a hospitalized elector has difficulty reading, writing, or understanding English or due to disability is unable to mark a ballot, the elector may request assistance in marking his or her ballot from the power of attorney agent or another individual specified in s. 6.82 (2) (a).

SB640, s. 77 Section 77. 6.865 (title) of the statutes is amended to read:

SB640,48,16 6.865 (title) Federal absentee ballot requests ballots.

SB640, s. 78 Section 78. 6.865 (3) of the statutes is repealed.

SB640, s. 79 Section 79. 6.865 (3m) (a) of the statutes is amended to read:

SB640,49,6 6.865 (3m) (a) Except as provided in par. (c), if any elector who certifies If an individual who will be a military elector on election day applies for an absentee ballot, the individual may certify that he or she will be a military elector on election day requests an absentee ballot, the municipal clerk shall send or transmit to the elector an absentee ballot for all elections that occur in the municipality or portion thereof where the elector resides beginning on the date that the clerk receives the request and ending on the day after the 3rd successive general election that follows receipt of the request, unless the elector otherwise requests. In addition, the municipal clerk shall continue to send or transmit to the elector an absentee ballot for all elections ending on the day after the 3rd successive general election that follows any election at which the elector returns an absentee ballot under this section or renews his or her request under par. (c) and the municipal clerk shall treat the ballot as provided under s. 6.221.

SB640, s. 80 Section 80. 6.865 (3m) (b) of the statutes is amended to read:

SB640,49,13 6.865 (3m) (b) A military elector may indicate an alternate address on his or her absentee ballot application. If the elector's ballot is returned as undeliverable prior to the deadline for receipt and return of absentee ballots under sub. (3) s. 6.87 (6) and the elector remains eligible to receive absentee ballots under this subsection, the municipal clerk shall immediately send or transmit an absentee ballot to the elector at the alternate address.

SB640, s. 81 Section 81. 6.865 (3m) (c) of the statutes is repealed.

SB640, s. 82 Section 82. 6.868 of the statutes is created to read:

SB640,49,19 6.868 Period for absentee voting in person. The period for absentee voting in person at the office of the municipal clerk or an alternate site designated under s. 6.855 begins on the 21st day before each election and ends on the day before each election.

SB640, s. 83 Section 83. 6.869 of the statutes is amended to read:

SB640,50,4 6.869 Uniform instructions. The board shall prescribe uniform instructions for municipalities to provide to absentee voters. The instructions shall include the specific means of electronic communication that an absentee elector may use to file an application for an absentee ballot and, if the absentee elector is required to register, to request a registration form or change his or her registration. The instructions also shall include 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.

SB640, s. 84 Section 84. 6.87 (2) (intro.) of the statutes is amended to read:

SB640,50,10 6.87 (2) (intro.) Except as authorized under sub. (3) (d), the municipal clerk shall place the ballot in an unsealed envelope furnished by the clerk. The Except as provided in sub. (2m) and s. 6.24 (4) (d), the envelope shall have the name, official title and post-office address of the clerk upon its face. The other side of the envelope shall have a printed certificate in substantially the following form:

SB640, s. 85 Section 85. 6.87 (2m) of the statutes is created to read:

SB640,50,17 6.87 (2m) The board shall prescribe the form of an absentee ballot envelope for use by electors voting absentee ballots in person at the office of the municipal clerk or an alternate site designated under s. 6.855. No certification and no witness is required on such envelopes. The form shall include a space for the name and residence of the absentee elector and the ward and aldermanic district where the elector resides, if any.

SB640, s. 86 Section 86. 6.87 (3) (d) of the statutes is amended to read:

SB640,51,14 6.87 (3) (d) A municipal clerk may shall, 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 to an absent elector electronically, the clerk shall also transmit a facsimile or electronic copy of the text of the material that appears on the certificate envelope prescribed in sub. (2), together with instructions prescribed by the board. The instructions shall require the absent elector to make and subscribe to the certification as required under sub. (4) and to enclose the absentee ballot in a separate envelope contained within a larger envelope, that shall include the completed certificate. The elector shall then 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 from an elector who receives the ballot electronically shall not be counted unless it is cast in the manner prescribed in this paragraph and sub. (4) and in accordance with the instructions provided by the board.

SB640, s. 87 Section 87. 6.87 (4) of the statutes is amended to read:

SB640,52,16 6.87 (4) Except as otherwise provided in sub. (2m) and 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, the elector shall 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 or confirmed his or her registration after the close of registration 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.

SB640, s. 88 Section 88. 6.87 (9) of the statutes is amended to read:

SB640,52,22 6.87 (9) If a municipal clerk receives an absentee ballot by mail with an improperly completed certificate or with no certificate, the clerk may return the ballot to the elector, inside the sealed envelope when an envelope is received, together with a new envelope if necessary, whenever time permits the elector to correct the defect and return the ballot within the period authorized under sub. (6).

SB640, s. 89 Section 89. 6.875 (3) of the statutes is amended to read:

SB640,53,17 6.875 (3) An occupant of a nursing home or qualified retirement home or qualified community-based residential facility who qualifies as an absent elector and desires to receive an absentee ballot shall make application under s. 6.86 (1), (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 located in a different municipality shall, as soon as possible, notify and transmit an absentee ballot for the elector to the clerk or board of election commissioners of the municipality in which the home or qualified community-based residential facility is located. The clerk or board of election commissioners of a municipality receiving an application from an elector who is an occupant of a nursing home or qualified retirement home or qualified community-based residential facility located in the municipality but who is a resident of a different municipality shall, as soon as possible, notify and request transmission of an absentee ballot from the clerk or board of election commissioners of the municipality in which the elector is a resident. The clerk or board of election commissioners shall make a record of all absentee ballots to be transmitted, delivered, and voted under this section.

SB640, s. 90 Section 90. 6.875 (4) (a) of the statutes is amended to read:

SB640,54,12 6.875 (4) (a) For the purpose of absentee voting in nursing homes and qualified retirement homes and qualified community-based residential facilities, the municipal clerk or board of election commissioners of each municipality in which one or more nursing homes or qualified retirement homes or qualified community-based residential facilities are located shall appoint at least 2 special voting deputies for the municipality. Upon application under s. 6.86 (1), (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, the municipal clerk or board of election commissioners of the municipality in which the home or facility is located shall dispatch 2 special voting deputies to visit the home or qualified community-based residential facility for the purpose of supervising absentee voting procedure by occupants of the home or qualified community-based residential facility. The 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 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 and qualified community-based residential facility shall be affiliated with different political parties whenever deputies representing different parties are available.

SB640, s. 91 Section 91. 6.875 (6) (c) 1. of the statutes is amended to read:

SB640,55,2 6.875 (6) (c) 1. Upon their visit to the home or facility 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. 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 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. The deputies shall then sign the certification as witnesses and, if they provide assistance, shall sign the back of the ballot indicating that they provided assistance. 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.

SB640, s. 92 Section 92. 6.88 (3) (b) of the statutes is amended to read: