LRB-1542/1
JTK:nwn:rs
2011 - 2012 LEGISLATURE
May 31, 2011 - Introduced by Senator Lazich, cosponsored by Representative
Tauchen. Referred to Committee on Transportation and Elections.
SB116,2,6 1An Act to repeal 6.865 (3) and 6.865 (3m) (c); to renumber and amend 5.02
2(18), 6.25 (1) and 6.86 (2m); to consolidate, renumber and amend 6.25 (4)
3(intro.), (a) and (b); to amend 5.05 (13) (title), 5.15 (6) (b), 5.25 (3), 5.37 (4), 5.62
4(title), 5.62 (1), 5.62 (2), 5.62 (3), 5.62 (5), 6.22 (4) (a), 6.22 (4) (e), 6.22 (6), 6.221
5(title), 6.221 (1), 6.221 (3), 6.221 (5), 6.24 (2), 6.24 (4) (c), 6.36 (1) (a), 6.50 (8),
66.86 (1) (a) (intro.), 6.86 (1) (a) 3., 6.86 (1) (ac), 6.86 (1) (b), 6.86 (1) (b), 6.865
7(title), 6.865 (3m) (a), 6.865 (3m) (b), 6.869, 6.87 (3) (d), 6.87 (6), 7.08 (2) (b), 7.08
8(2) (c), 7.10 (3) (a), 7.15 (1) (cm), 7.15 (1) (j), 7.60 (5) (a), 7.70 (3) (a), 7.70 (3) (e)
91., 8.10 (1), 8.15 (title), 8.15 (1), 8.16 (1), 8.16 (7), 8.17 (1) (b), 8.17 (4), 8.17 (5)
10(b), 8.19 (3), 8.20 (8) (a), 8.20 (8) (am), 8.20 (9), 8.50 (intro.), 8.50 (2), 8.50 (3) (a),
118.50 (3) (b), 8.50 (3) (c), 8.50 (4) (b), 8.50 (4) (fm), 10.01 (2) (d), 10.01 (2) (e), 10.02
12(3) (b) 2m., 10.06 (1) (f), 10.06 (1) (h), 10.06 (1) (i), 10.06 (2) (gm), 10.06 (2) (h),
1310.06 (2) (j), 10.06 (3) (cm), 11.06 (12) (a) 1., 11.26 (17) (d), 11.31 (3m), 11.31 (7)
14(a), 11.50 (1) (a) 1., 11.50 (2) (b) 4., 11.50 (2) (b) 5., 11.50 (2) (c), 11.50 (2) (f), 11.50

1(2) (i), 13.123 (3) (b) 1. a., 59.605 (3) (a) 1., 66.0602 (4) (a), 66.0619 (2m) (b),
266.0921 (2), 66.1113 (2) (g), 66.1113 (2) (h), 67.05 (6m) (b), 67.12 (12) (e) 5.,
3117.22 (2) (e), 121.91 (3) (a), 229.824 (15) and 995.20; and to create 5.05 (13)
4(c) and (d), 6.22 (2) (e), 6.24 (4) (e) and 6.25 (1) (b) of the statutes; relating to:
5the dates of the September primary and certain other election occurrences and
6absentee voting.
Analysis by the Legislative Reference Bureau
This changes the date of the September primary from the 2nd Tuesday in
September to the 2nd Tuesday in August and renames it to be the "Partisan
Primary". The bill also changes the dates of related election events to accommodate
the change in the date of the primary.
The bill also makes various changes in the laws pertaining to absentee voting.
Most of the changes relate to absentee voting by military and overseas electors of this
state. State law contains different definitions of the terms "military elector" and
"overseas elector." One set of definitions mirrors the definitions found in federal law.
Under federal law, a "military elector" includes: 1) a member of a uniformed service
on active duty who, by reason of that duty, is absent from the residence where the
member is otherwise qualified to vote; 2) a member of the merchant marine who, by
reason of service in the merchant marine, is absent from the residence where the
member is otherwise qualified to vote; and 3) the spouse or dependent of any such
member who, by reason of the duty or service of the member, is absent from the
residence where the person is otherwise qualified to vote. The federal definition of
"overseas elector" includes an elector who resides outside the United States and who
is qualified under federal law to vote in elections for national office in this state
because the elector last resided in this state immediately prior to the elector's
departure from the United States. The other set of definitions applies for certain
state purposes and includes all the persons who are included in the federal
definitions but also includes other persons. The state definition of the term "military
elector" includes: 1) members of a uniformed service who are not on active duty or
who are not absent from their residences by reason of their service or both; 2)
members of the merchant marine who are not absent from their residences; 3)
civilian employees of the United States and civilians officially attached to a
uniformed service who are serving outside the United States; 4) Peace Corps
volunteers; and 5) spouses and dependents of these persons who are residing with
or accompanying them. The state definition of "overseas elector" includes children
of persons who qualify as overseas electors under federal law who are U.S. citizens
at least 18 years of age, who are not disqualified from voting in this state, and who
are not residents of this state. Significant provisions of the bill include:

1. Under current law, any qualified absentee elector may request an absentee
ballot by means of electronic mail or facsimile transmission. If an elector so requests,
the elector must mail with his or her voted absentee ballot a copy of an absentee ballot
application containing his or her original signature. In addition, an absentee elector
may request that his or her absentee ballot be transmitted to him or her by electronic
mail or facsimile transmission and a municipal clerk or board of election
commissioners may transmit the ballot as requested. This bill provides that the
municipal clerk or board of election commissioners must transmit the ballot if the
clerk or board receives a valid request.
2. Current law permits a military or overseas elector, as defined in state law,
to cast a vote in any general election in which a federal office is to be filled by writing
in the name of a candidate on a blank absentee ballot form prescribed by the U.S.
government and returning the ballot to the appropriate municipal clerk or board of
election commissioners. This bill permits a military elector, as defined by state law,
to cast such a ballot at any election, including any primary election, at which a
federal, state, or local office is to be filled and permits an overseas elector, as defined
by state law, to cast such a ballot at any election, including any primary election, at
which a federal office is to be filled.
3. This bill directs the Government Accountability Board (GAB), with the
assistance of county and municipal clerks and boards of election commissioners, to
designate at least one freely accessible means of electronic communication which
shall be used to: 1) permit a military or overseas elector, as defined by federal law,
to request a voter registration or absentee ballot application and to indicate whether
he or she wishes to receive the application electronically or by mail; and 2) permit
a municipal clerk or board of election commissioners to transmit an application to a
military or overseas elector, as defined by federal law, electronically or by mail, as
requested by the elector, together with related voting, balloting and election
information. The bill also directs GAB, with the assistance of county and municipal
clerks and boards of elections commissioners, to maintain a freely accessible system
whereby a military or overseas elector, as defined by federal law, who casts an
absentee ballot may ascertain whether the ballot has been received by the
appropriate municipal clerk or board. No similar provisions exist currently.
4. Currently, an absentee ballot cast by an elector is void unless it is received
at the polling place for the elector's residence by 8 p.m. on election night. However,
state law provides that if an elector is a military elector, as defined by federal law,
the elector has an additional ten days after the general election and seven days after
the September primary for the elector's ballot to be received by his or her
municipality if the ballot is postmarked by election day. This bill extends a similar
ten-day dispensation to military electors, as defined by federal law, who are voting
in the presidential preference primary or a special federal election.
5. Currently, an elector who is a military elector, as defined by state law, or an
overseas elector, as defined by state law, and who applies for an absentee ballot no
later than 30 days before an election may cast a blank write-in ballot at that election
in lieu of the official printed ballot, for any candidates for federal office whose offices
are contested at that election. The ballot is valid only if it is submitted from a location

outside the United States. This bill permits such an elector to cast a blank write-in
absentee ballot after official printed ballots become available if he or she applies for
an absentee ballot no later than the latest time permitted for application for an
absentee ballot under state law. The bill also permits a military elector to cast such
a ballot even if the ballot is submitted from a location inside the United States,
including the elector's permanent residence.
6. Currently, GAB must prescribe uniform instructions for absentee voters.
This bill provides that the instructions must include the specific means of electronic
communication that absentee voters may use to file an application for an absentee
ballot, to request a voter registration form, or to change their registrations.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB116, s. 1 1Section 1. 5.02 (18) of the statutes is renumbered 5.02 (12s) and amended to
2read:
SB116,4,63 5.02 (12s) "September Partisan primary" means the primary held on the 2nd
4Tuesday in September August to nominate candidates to be voted for at the general
5election, and to determine which candidates for state offices other than district
6attorney may participate in the Wisconsin election campaign fund.
SB116, s. 2 7Section 2. 5.05 (13) (title) of the statutes is amended to read:
SB116,4,88 5.05 (13) (title) Toll-free election information exchange and requests.
SB116, s. 3 9Section 3. 5.05 (13) (c) and (d) of the statutes are created to read:
SB116,4,1310 5.05 (13) (c) Maintain a freely accessible system under which a military elector,
11as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s. 6.34 (1) (b), who
12casts an absentee ballot may ascertain whether the ballot has been received by the
13appropriate municipal clerk.
SB116,4,1514 (d) Designate and maintain at least one freely accessible means of electronic
15communication which shall be used for the following purposes:
SB116,5,4
11. To permit a military elector, as defined in s. 6.34 (1) (a), or an overseas elector,
2as defined in s. 6.34 (1) (b), to request a voter registration application or an
3application for an absentee ballot at any election at which the elector is qualified to
4vote in this state.
SB116,5,75 2. To permit a military elector or an overseas elector under subd. 1. to designate
6whether the elector wishes to receive the applications under subd. 1. electronically
7or by mail.
SB116,5,118 3. To permit a municipal clerk to transmit to a military elector or an overseas
9elector under subd. 1. a registration application or absentee ballot application
10electronically or by mail, as directed by the elector under subd. 2., together with
11related voting, balloting, and election information.
SB116, s. 4 12Section 4. 5.15 (6) (b) of the statutes is amended to read:
SB116,6,413 5.15 (6) (b) No later than 60 days before each September partisan primary and
14general election, and no later than 30 days before each other election the governing
15body of any municipality may by resolution combine 2 or more wards for voting
16purposes to facilitate using a common polling place. Whenever wards are so
17combined, the original ward numbers shall continue to be utilized for all official
18purposes. Except as otherwise authorized under this paragraph, every municipality
19having a population of 35,000 or more shall maintain separate returns for each ward
20so combined. In municipalities having a population of less than 35,000, the
21governing body may provide in the resolution that returns shall be maintained only
22for each group of combined wards at any election. Whenever a governing body
23provides for common ballot boxes and ballots or voting machines, separate returns
24shall be maintained for each separate ballot required under ss. 5.62 and 5.64 at the
25September partisan primary and general election. The municipal clerk shall

1transmit a copy of the resolution to the county clerk of each county in which the
2municipality is contained. In municipalities having a population of less than 35,000,
3the resolution shall remain in effect for each election until modified or rescinded, or
4until a new division is made under this section.
SB116, s. 5 5Section 5. 5.25 (3) of the statutes is amended to read:
SB116,6,86 5.25 (3) Polling places shall be established for each September partisan
7primary and general election at least 60 days before the election, and for each other
8election at least 30 days before the election.
SB116, s. 6 9Section 6. 5.37 (4) of the statutes is amended to read:
SB116,6,1810 5.37 (4) Voting machines may be used at primary elections when they comply
11with subs. (1) and (2) and the following provisions: All candidates' names entitled to
12appear on the ballots at the primary shall appear on the machine; the elector cannot
13vote for candidates of more than one party, whenever the restriction applies, and an
14elector who votes for candidates of any party may not vote for independent
15candidates at the September partisan primary; the elector may secretly select the
16party for which he or she wishes to vote, or the independent candidates in the case
17of the September partisan primary; the elector may vote for as many candidates for
18each office as he or she is lawfully entitled to vote for, but no more.
SB116, s. 7 19Section 7. 5.62 (title) of the statutes is amended to read:
SB116,6,20 205.62 (title) September Partisan primary ballots.
SB116, s. 8 21Section 8. 5.62 (1) of the statutes is amended to read:
SB116,7,1722 5.62 (1) (a) At September primaries the partisan primary, the following ballot
23shall be provided for the nomination of candidates of recognized political parties for
24national, state and county offices and independent candidates for state office in each
25ward, in the same form as prescribed by the board under s. 7.08 (1) (a), except as

1authorized in s. 5.655. The ballots shall be made up of the several party tickets with
2each party entitled to participate in the primary under par. (b) or sub. (2) having its
3own ballot, except as authorized in s. 5.655. The independent candidates for state
4office other than district attorney shall have a separate ballot for all such candidates
5as under s. 5.64 (1) (e), except as authorized in s. 5.655. The ballots shall be secured
6together at the bottom. The party ballot of the party receiving the most votes for
7president or governor at the last general election shall be on top with the other
8parties arranged in descending order based on their vote for president or governor
9at the last general election. The ballots of parties qualifying under sub. (2) shall be
10placed after the parties qualifying under par. (b), in the same order in which the
11parties filed petitions with the board. Any ballot required under par. (b) 2. shall be
12placed next in order. The ballot listing the independent candidates shall be placed
13at the bottom. At polling places where voting machines are used, each party and the
14independent candidates shall be represented in one or more separate columns or
15rows on the ballot. At polling places where an electronic voting system is used other
16than an electronic voting machine, each party and the independent candidates may
17be represented in separate columns or rows on the ballot.
SB116,8,718 (b) 1. Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every recognized
19political party listed on the official ballot at the last gubernatorial election whose
20candidate for any statewide office received at least 1% of the total votes cast for that
21office and, if the last general election was also a presidential election, every
22recognized political party listed on the ballot at that election whose candidate for
23president received at least 1% of the total vote cast for that office shall have a
24separate primary ballot or one or more separate columns or rows on the primary
25ballot as prescribed in par. (a) and a separate column on the general election ballot

1in every ward and election district. An organization which was listed as
2"independent" at the last general election and whose candidate meets the same
3qualification shall receive the same ballot status upon petition of the chairperson
4and secretary of the organization to the board requesting such status and specifying
5their party name, which may not duplicate the name of an existing party. A petition
6under this subdivision may be filed no later than 5 p.m. on June May 1 in the year
7of each general election.
SB116,8,218 2. Subdivision 1. applies to a party within any assembly district or county at
9any September partisan primary election only if at least one candidate of the party
10for any national, state or county office qualifies to have his or her name appear on
11the ballot under the name of that party within that assembly district or county. The
12county clerk or county board of election commissioners shall provide a combined
13separate ballot or one or more separate columns or rows on the ballot that will permit
14an elector to cast a vote for a write-in candidate for the nomination of any such party
15for each national, state and county office whenever that party qualifies to be
16represented on a separate primary ballot or in one or more separate columns or rows
17under subd. 1. but does not qualify under this subdivision. The ballot shall include
18the name of each party qualifying for a separate ballot or one or more separate
19columns or rows on the ballot under each office, with the names of the candidates for
20each such party appearing in the same order in which the ballots of the parties would
21appear under par. (a).
SB116, s. 9 22Section 9. 5.62 (2) of the statutes is amended to read:
SB116,9,1123 5.62 (2) (a) Except as provided in par. (b) and s. 5.64 (1) (e) 2., any political
24organization may be represented on a separate primary ballot or in one or more
25separate columns or rows on the primary ballot as prescribed in sub. (1) (a) and in

1a separate column on the general election ballot in every ward and election district.
2To qualify for a separate ballot under this paragraph, the political organization shall,
3not later than 5 p.m. on June May 1 in the year of the September partisan primary,
4file with the board a petition requesting separate ballot status. The petition shall
5be signed by at least 10,000 electors, including at least 1,000 electors residing in each
6of at least 3 separate congressional districts. The petition shall conform to the
7requirements of s. 8.40. No signature obtained before January 1 in the year of filing
8is valid. When the candidates of a political organization filing a valid petition fulfill
9the requirements prescribed by law, they shall appear on a separate ballot or one or
10more separate columns or rows on the ballot for the period ending with the following
11general election.
SB116,9,2512 (b) Paragraph (a) applies to a party within any assembly district or county at
13any September partisan primary election only if at least one candidate of the party
14for any national, state or county office qualifies to have his or her name appear on
15the ballot under the name of that party within that assembly district or county. The
16county clerk or county board of election commissioners shall provide a combined
17separate ballot or one or more separate columns or rows on the ballot that will permit
18an elector to cast a vote for a write-in candidate for the nomination of any such party
19for each national, state and county office whenever that party qualifies to be
20represented on a separate primary ballot or in one or more separate columns or rows
21under par. (a) but does not qualify under this paragraph. The ballot shall include the
22name of each party qualifying for a separate ballot or one or more separate columns
23or rows on the ballot under each office, with the names of the candidates for each such
24party appearing in the same order in which the ballots of the parties would appear
25under sub. (1) (a).
SB116, s. 10
1Section 10. 5.62 (3) of the statutes is amended to read:
SB116,10,112 5.62 (3) The board shall designate the official primary ballot arrangement for
3statewide offices and district attorney within each prosecutorial district by using the
4same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate
5column or row on the ballot, the candidates for office shall be listed together with the
6offices which they seek in the following order whenever these offices appear on the
7September partisan primary ballot: governor, lieutenant governor, attorney general,
8secretary of state, state treasurer, U.S. senator, U.S. representative in congress,
9state senator, representative to the assembly, district attorney and the county offices.
10Below the names of the independent candidates shall appear the party or principle
11of the candidates, if any, in 5 words or less, as shown on their nomination papers.
SB116, s. 11 12Section 11. 5.62 (5) of the statutes is amended to read:
SB116,10,2013 5.62 (5) At the September partisan primary, an elector may vote for the
14candidates of only one party, or the elector may vote for any of the independent
15candidates for state office listed; but the elector may not vote for more than one
16candidate for a single office. A space shall be provided on the ballot for an elector to
17write in the name of his or her choice as a party candidate for any office, including
18a party candidate of a party whose name appears on the ballot, column or row
19designated for independent candidates, as provided in sub. (1) (b) or (2) (b), but no
20space shall be provided to write in the names of independent candidates.
SB116, s. 12 21Section 12. 6.22 (2) (e) of the statutes is created to read:
SB116,11,222 6.22 (2) (e) A military elector may file an application for an absentee ballot by
23means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86
24(1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector
25an absentee ballot or, if the elector so requests, shall transmit an absentee ballot to

1the elector by means of electronic mail or facsimile transmission in the manner
2prescribed in s. 6.87 (3) (d).
SB116, s. 13 3Section 13. 6.22 (4) (a) of the statutes is amended to read:
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