Amendment ASA1-AB7

AB7-ASA1,23,9 6.10 (8) No person gains a residence in any ward or election district of this state while there for temporary purposes only without the intention of making that ward or election district the person's home but with the intention of leaving it when the person has accomplished the purpose that brought the person there.

AB7-ASA1, s. 28 Section 28. 6.10 (10) of the statutes is amended to read:

AB7-ASA1,23,14 6.10 (10) If a person who established residence in this state moves to another state with an intent to make a permanent residence there, or, if while there the person exercises the right to vote as a citizen of that state by voting, the person loses Wisconsin residence in this state.

AB7-ASA1, s. 29 Section 29. 6.15 (1) of the statutes is amended to read:

AB7-ASA1,23,21 6.15 (1) Qualifications. Any person who was or who is a qualified an eligible elector under ss. 6.02 and 6.03, except that he or she has been a resident of this state for less than 10 28 consecutive days prior to the date of the presidential election, is entitled to vote for the president and vice president but for no other offices. The fact that the person was not registered to vote in the state from which he or she moved does not prevent voting in this state if the elector is otherwise qualified.

AB7-ASA1, s. 30 Section 30. 6.15 (2) (a) of the statutes is amended to read:

AB7-ASA1,24,5 6.15 (2) (a) The elector's request for the application form may be made in person to the municipal clerk of the municipality where the person resides. Application may be made not sooner than 9 27 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in the ward or election district in which the elector resides. If an elector makes application before election day, the application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form:

AB7-ASA1,24,6 STATE OF WISCONSIN

AB7-ASA1,24,7 County of ....

AB7-ASA1,24,18 I, ...., do solemnly swear that I am a citizen of the United States; that prior to establishing Wisconsin residence, my legal residence was in the .... (town) (village) (city) of ...., state of ...., residing at .... (street address); that on the day of the next presidential election, I shall be at least 18 years of age and that I have been a legal resident of the state of Wisconsin since ...., .... (year), residing at .... (street address), in the [.... ward of the .... aldermanic district of] the (town) (village) (city) of ...., county of ....; that I have resided in the state less than 10 28 consecutive days, that I am qualified to vote for president and vice president at the election to be held November ...., .... (year), that I am not voting at any other place in this election and that I hereby make application for an official presidential ballot, in accordance with section 6.15 of the Wisconsin statutes.

AB7-ASA1,24,19 Signed ....

AB7-ASA1,24,20 P.O. Address ....

AB7-ASA1,24,21 Subscribed and sworn to before me this .... day of ...., .... (year)

AB7-ASA1,24,22 ....(Name)

AB7-ASA1,24,23 ....(Title)

AB7-ASA1, s. 31 Section 31 . 6.15 (2) (bm) of the statutes is created to read:

AB7-ASA1,25,7 6.15 (2) (bm) Except as authorized in s. 6.79 (7), when making application in person at the office of the municipal clerk, each applicant shall present proof of identification. If any document presented by the applicant is not proof of residence under s. 6.34, the applicant shall also present proof of residence under s. 6.34. The clerk shall verify that the name on the proof of identification presented by the elector conforms to the name on the elector's application and shall verify that any photograph appearing on that document reasonably resembles the elector.

AB7-ASA1, s. 32 Section 32. 6.15 (2) (d) 1r. of the statutes is amended to read:

AB7-ASA1,25,19 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card, the municipal clerk shall require the elector to provide proof of residence under s. 6.34. If the elector cannot provide proof of residence, the elector may have his or her residence corroborated in a statement that is signed by another elector of the municipality and that contains the current street address of the corroborating elector. If the residence is corroborated by another elector, that elector shall then provide proof of residence under s. 6.34 permit the elector to cast his or her ballot for president and vice president. The elector shall then mark the ballot in the clerk's presence in a manner that will not disclose his or her vote. The elector shall then fold the ballot so as to conceal his or her vote. The clerk or elector shall then place the ballot in an envelope furnished by the clerk.

AB7-ASA1, s. 33 Section 33. 6.15 (3) of the statutes is amended to read:

AB7-ASA1,26,13 6.15 (3) Procedure at polling place. An eligible elector may appear at the polling place for the ward or election district where he or she resides and make application for a ballot under sub. (2). Except as otherwise provided in this subsection, an elector who casts a ballot under this subsection shall follow the same procedure required for casting a ballot at the municipal clerk's office under sub. (2). The inspectors shall perform the duties of the municipal clerk, except that the inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon proper completion of the application and cancellation card and submittal of proof of residence under s. 6.34 or providing corroboration of residence verification of the proof of identification and proof of residence, whenever required, as provided in sub. (2) (bm), the inspectors shall permit the elector to cast his or her ballot for president and vice president. The elector shall mark the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and deposit the ballot into the ballot box or give it to the inspector. The inspector shall deposit it directly into the ballot box. Voting machines or ballots utilized with electronic voting systems may only be used by electors voting under this section if they permit voting for president and vice president only.

AB7-ASA1, s. 34 Section 34. 6.18 of the statutes is amended to read:

AB7-ASA1,27,6 6.18 Former residents. If ineligible to qualify as an elector in the state to which the elector has moved, any former qualified Wisconsin elector may vote an absentee ballot in the ward of the elector's prior residence in any presidential election occurring within 24 months after leaving Wisconsin by requesting an application form and returning it, properly executed, to the municipal clerk of the elector's prior Wisconsin residence. When requesting an application form for an absentee ballot, the applicant shall specify the applicant's eligibility for only the presidential ballot. Unless application is made under s. 6.86 (1) (ac), or the applicant is exempted from providing proof of identification under s. 6.87 (4) (b) 2. or 3., or the applicant is a military or overseas elector, the elector shall enclose a copy of his or her proof of identification or any authorized substitute document with his or her application. The municipal clerk shall verify that the name on the proof of identification conforms to the name on the application. The clerk shall not issue a ballot to an elector who is required to enclose a copy of proof of identification or an authorized substitute document with his or her application unless the copy is enclosed and the proof is verified by the clerk. The application form shall require the following information and be in substantially the following form:

AB7-ASA1,27,10 This form shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

AB7-ASA1,27,11 APPLICATION FOR PRESIDENTIAL

AB7-ASA1,27,12 ELECTOR'S ABSENTEE BALLOT.

AB7-ASA1,27,13 (To be voted at the Presidential Election

AB7-ASA1,27,14 on November ...., .... (year)

AB7-ASA1,27,23 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 10 28 consecutive days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

AB7-ASA1,27,24 Signed ....

AB7-ASA1,27,25 Address ....(Present address)

AB7-ASA1,28,1 ....(City) ....(State)

AB7-ASA1,28,2 Subscribed and sworn to before me this .... day of .... .... (year)

AB7-ASA1,28,3 ....(Notary Public, or other officer authorized to administer oaths.)

AB7-ASA1,28,4 ....(County)

AB7-ASA1,28,5 My Commission expires

AB7-ASA1,28,6 MAIL BALLOT TO:

AB7-ASA1,28,7 NAME ....

AB7-ASA1,28,8 ADDRESS ....

AB7-ASA1,28,9 CITY .... STATE .... ZIP CODE ....

AB7-ASA1,28,14 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for not more than 6 months or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months or both.

AB7-ASA1,28,15 ....(Municipal Clerk)

AB7-ASA1,28,16 ....(Municipality)

AB7-ASA1, s. 35 Section 35. 6.22 (2) (e) of the statutes is created to read:

AB7-ASA1,28,23 6.22 (2) (e) A military elector may file an application for an absentee ballot by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector an absentee ballot or, if the elector so requests, shall transmit an absentee ballot to the elector by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3) (d).

AB7-ASA1, s. 36 Section 36. 6.22 (4) (a) of the statutes is amended to read:

AB7-ASA1,29,7 6.22 (4) (a) A request for an absentee ballot by an individual who qualifies as a military elector shall be treated as a request for an absentee ballot for all elections unless the individual otherwise requests. Upon receiving a timely request for an absentee ballot under par. (b) by an individual who qualifies as a military elector, 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.

AB7-ASA1, s. 37 Section 37. 6.22 (4) (b) of the statutes is amended to read:

AB7-ASA1,29,13 6.22 (4) (b) A military elector's application may be received at any time. The municipal clerk shall not send or transmit a ballot for an election if the application is received later than 5 p.m. on the Friday preceding that election. The municipal clerk shall send or transmit a ballot, as soon as available, to each military elector who requests files a timely request for a ballot.

AB7-ASA1, s. 38 Section 38. 6.22 (4) (e) of the statutes is amended to read:

AB7-ASA1,29,25 6.22 (4) (e) Whenever the material is mailed, the material shall be prepared and mailed to make use of the federal free postage laws. If the material does not qualify for mailing without postage under federal free postage laws, the municipal clerk shall pay the postage required for mailing to the military elector. If the return envelope qualifies for mailing free of postage under federal free postage laws, the clerk shall affix the appropriate legend required by U.S. postal regulations. Otherwise the municipal clerk shall pay the postage required for return when the ballot is mailed from within the United States. If the ballot is not mailed by the military elector from within the United States the military elector shall provide return postage. The mailing list established under this subsection shall be kept current in the same manner as provided in s. 6.86 (2) (b).

AB7-ASA1, s. 39 Section 39. 6.22 (6) of the statutes is amended to read:

AB7-ASA1,30,13 6.22 (6) Military elector list. Each municipal clerk shall keep an up-to-date list of all eligible military electors who reside in the municipality ; city clerks shall keep the lists by wards in the format prescribed by the board. The list shall contain the name, latest-known military residence and military mailing address of each military elector. The list shall indicate whether each elector whose name appears on the list is a military elector, as defined in s. 6.36 (2) (c) 6.34 (1), and has so certified under s. 6.865 (3m). All persons over 18 years of age or who will be 18 years old prior to an election shall be listed and remain on the list for the duration of their tour of duty. The list shall be kept current through all possible means. Each clerk shall exercise reasonable care to avoid duplication of names or listing anyone who is not eligible to vote. Each clerk shall distribute 2 copies of one copy of the list to the appropriate ward each polling place in the municipality for use on election day.

AB7-ASA1, s. 40 Section 40. 6.22 (7) of the statutes is amended to read:

AB7-ASA1,30,17 6.22 (7) Extension of privilege. This section applies to all military electors for 10 28 days after the date of discharge from a uniformed service or termination of services or employment of individuals specified in sub. (1) (b) 1. to 4.

AB7-ASA1, s. 41 Section 41. 6.221 (title) of the statutes is amended to read:

AB7-ASA1,30,20 6.221 (title) Counting of absentee ballots for certain military electors; September partisan primary and general election.

AB7-ASA1, s. 42 Section 42. 6.221 (1) of the statutes is amended to read:

AB7-ASA1,30,23 6.221 (1) In this section, "military elector" has the meaning given in s. 6.36 (2) (c) 6.34 (1) and active duty status for any election is determined as of election day.

AB7-ASA1, s. 43 Section 43. 6.221 (3) of the statutes is amended to read:

AB7-ASA1,31,5 6.221 (3) (a) At the September partisan primary, a ballot that is cast under s. 6.22 by an elector who is a military elector, that is received by mail from the U. S. postal service, and that is postmarked no later than election day shall be counted as provided in this section if it is received by a municipal clerk no later than 5 p.m. on the 7th day after the election.

AB7-ASA1,31,11 (b) At the general election, the presidential preference primary, or a special election for national office, a ballot that is cast under s. 6.22 by an elector who is a military elector, that is received by mail from the U.S. postal service, and that is postmarked no later than election day shall be counted as provided in this section if it is received by a municipal clerk no later than 5 p.m. on the 10th day after the election.

AB7-ASA1, s. 44 Section 44. 6.221 (5) of the statutes is amended to read:

AB7-ASA1,31,20 6.221 (5) No later than the closing hour of the polls on the day of the September partisan primary and the day of the general election, the municipal clerk of each municipality shall post at his or her office and on the Internet at a site announced by the clerk before the polls open, and shall make available to any person upon request, a statement of the number of absentee ballots that the clerk has mailed or transmitted to military electors under this section and that have not been returned to the polling places where the electors reside by the closing hour on election day. The posting shall not include the names or addresses of any military electors.

AB7-ASA1, s. 45 Section 45. 6.24 (2) of the statutes is amended to read:

AB7-ASA1,32,2 6.24 (2) Eligibility. An overseas elector under sub. (1) may vote in any election for national office, including the September partisan primary and presidential preference primary and any special primary or election. Such elector may not vote in an election for state or local office. An overseas elector shall vote in the ward or election district in which the elector was last domiciled or in which the elector's parent was last domiciled prior to departure from the United States.

AB7-ASA1, s. 46 Section 46. 6.24 (4) (c) of the statutes is amended to read:

AB7-ASA1,32,17 6.24 (4) (c) Upon receipt of a timely application from an individual who qualifies as an overseas elector and who has registered to vote in a municipality under sub. (3), the municipal clerk of the municipality shall send or transmit an absentee ballot to the individual for all subsequent elections for national office to be held during the year in which the ballot is requested, except as otherwise provided in this paragraph, unless the individual otherwise requests or until the individual no longer qualifies as an overseas elector. of the municipality. The clerk shall not send or transmit an absentee ballot for an election if the overseas 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 any envelope containing the absentee ballot is clearly marked as not forwardable. If an overseas 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.

AB7-ASA1, s. 47 Section 47. 6.24 (4) (d) of the statutes is amended to read:

AB7-ASA1,33,2 6.24 (4) (d) An overseas elector who is not registered may request both a registration form and an absentee ballot at the same time, and the municipal clerk shall send or transmit the ballot automatically if the registration form is received within the time prescribed in s. 6.28 (1). The board shall prescribe a special certificate form for the envelope in which the absentee ballot for overseas electors is contained, which shall be substantially similar to that provided under s. 6.87 (2). An overseas elector shall make and subscribe to the special certificate form before a witness who is an adult U.S. citizen.

AB7-ASA1, s. 48 Section 48. 6.24 (4) (e) of the statutes is created to read:

AB7-ASA1,33,9 6.24 (4) (e) An overseas elector may file an application for an absentee ballot by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector an absentee ballot or, if the elector so requests, shall transmit an absentee ballot to the elector by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3) (d).

AB7-ASA1, s. 49 Section 49. 6.25 (1) of the statutes is is renumbered 6.25 (1) (a) and amended to read:

AB7-ASA1,33,21 6.25 (1) (a) Any individual who qualifies as a military elector under s. 6.22 (1) (b) or an overseas elector under s. 6.24 (1) and who transmits an application for an official absentee ballot for a general election any election, including a primary election, no later than 30 days before election day the latest time specified for the elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under 42 USC 1973ff-2 for any candidate for an office listed on the official ballot or for all of the candidates of any recognized political party for national office the offices listed on the official ballot at the general that election if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the applicable time prescribed in s. 6.221 (3) or 6.87 (6).

AB7-ASA1, s. 50 Section 50. 6.25 (1) (b) of the statutes is created to read:

AB7-ASA1,34,6 6.25 (1) (b) Any individual who qualifies as an overseas elector under s. 6.24 (1) and who transmits an application for an official absentee ballot for an election for national office, including a primary election, no later than the latest time specified for an elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all candidates of any recognized political party for national office listed on the official ballot at that election, if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the applicable time prescribed in s. 6.87 (6).

AB7-ASA1, s. 51 Section 51. 6.25 (4) (intro.), (a) and (b) of the statutes are consolidated, renumbered 6.25 (4) and amended to read:

AB7-ASA1,34,13 6.25 (4) A write-in absentee ballot issued under sub. (1), (2) or (3) is valid only if all of the following apply: (a) The ballot is submitted from a location outside the United States. (b) The the elector submitting the ballot does not submit an official ballot within the time prescribed in s. 6.87 (6) and, if the elector is an overseas elector, the elector resides outside the United States.

AB7-ASA1, s. 52 Section 52. 6.26 (2) (am) of the statutes is repealed.

AB7-ASA1, s. 53 Section 53. 6.26 (2) (b) of the statutes is amended to read:

AB7-ASA1,34,22 6.26 (2) (b) The municipal clerk, or board of election commissioners, or government accountability board may appoint any applicant who qualifies under this subsection, unless the applicant's appointment has been revoked by a municipality or by the board for cause. The municipal clerk, or board of election commissioners, or government accountability board may revoke an appointment made by the clerk, or board of election commissioners, or government accountability board for cause at any time.

AB7-ASA1, s. 54 Section 54. 6.26 (2) (c) of the statutes is amended to read:

AB7-ASA1,35,3 6.26 (2) (c) No individual may serve as a special registration deputy in a municipality unless the individual is appointed by the municipal clerk or board of election commissioners of the municipality or the individual is appointed by the government accountability board to serve all municipalities and the individual completes training required under s. 7.315.

AB7-ASA1, s. 55 Section 55. 6.26 (2) (cm) of the statutes is amended to read:

AB7-ASA1,35,9 6.26 (2) (cm) The board and each Each municipal clerk shall maintain a record of the names and addresses of each individual who is appointed by the board or the clerk to serve as a special registration deputy under this section and who has complied with the training requirements for service as a special registration deputy under s. 7.315 (1) (b) 1.

AB7-ASA1, s. 56 Section 56. 6.29 (1) of the statutes is amended to read:

AB7-ASA1,35,15 6.29 (1) No names may be added to a registration list for any election after the close of registration, except as authorized under this section or s. 6.55 (2) or 6.86 (3) (a) 2. Any person whose name is not on the registration list but who is otherwise a qualified elector is entitled to vote at the election upon compliance with this section, if the person complies with all other requirements for voting at the polling place.

AB7-ASA1, s. 57 Section 57. 6.29 (2) (a) of the statutes is amended to read:

AB7-ASA1,36,12 6.29 (2) (a) Any qualified elector of a municipality who has not previously filed a registration form or whose name does not appear on the registration list of the municipality may register after the close of registration but not later than 5 p.m. or the close of business, whichever is later, on the day Friday before an election at the office of the municipal clerk and at the office of the clerk's agent if the clerk delegates responsibility for electronic maintenance of the registration list to an agent under s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2), a registration form containing all information required under s. 6.33 (1). The registration form shall also contain the following certification: "I, ...., hereby certify that, to the best of my knowledge, I am a qualified elector, having resided at ... for at least 10 28 consecutive days immediately preceding this election, and I have not voted at this election". The elector shall also provide proof of residence under s. 6.34. Alternatively, if the elector is unable to provide proof of residence under s. 6.34, the information contained in the registration form shall be corroborated in a statement that is signed by any other elector of the municipality and that contains the current street address of the corroborating elector. The corroborating elector shall then provide proof of residence under s. 6.34. If the elector is registering after the close of registration for the general election and the elector presents a valid driver's license issued by another state, the municipal clerk or agent 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.