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2013 - 2014 LEGISLATURE
March 1, 2013 - Introduced by Representatives Stroebel, Bies, Strachota, Craig,
Ripp, LeMahieu, Spiros, Kleefisch, Sanfelippo, T. Larson, Weatherston,
Nass and A. Ott. Referred to Committee on Campaigns and Elections.
AB54,1,2 1An Act to amend 6.86 (1) (b) of the statutes; relating to: limiting the times for
2voting by absentee ballots in person.
Analysis by the Legislative Reference Bureau
Under current law, a person may apply to the municipal clerk in person to vote
using an absentee ballot. In-person applications to vote using an absentee ballot
may be made beginning on the third Monday preceding the election and ending on
the later of 5 p.m. or the close of business on the Friday preceding the election. Under
this bill, in-person applications to vote using an absentee ballot may only be received
Monday to Friday between the hours of 7:30 a.m. and 5 p.m. each day. In addition,
the clerk's office may not be open more than 40 hours a week beginning on the third
Monday preceding the election and ending on 5 p.m. on the Friday preceding the
election in order to receive applications made in person. The bill does not require that
the clerk's office be open 40 hours a week to receive applications made in person.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB54, s. 1 3Section 1. 6.86 (1) (b) of the statutes is amended to read:
AB54,2,254 6.86 (1) (b) Except as provided in this section, if application is made by mail,
5the application shall be received no later than 5 p.m. on the 5th day immediately

1preceding the election. If application is made in person, the application shall be
2made no earlier than the opening of business on the 3rd Monday preceding the
3election and no later than 5 p.m. or the close of business, whichever is later, on the
4Friday preceding the election. An application made in person may only be received
5Monday to Friday between the hours of 7:30 a.m. and 5 p.m. each day. The clerk's
6office, or an alternate site under s. 6.855, may not be open more than 40 hours a week
7beginning on the 3rd Monday preceding the election and ending on 5 p.m. on the
8Friday preceding the election in order to receive applications made in person.
Except
9as provided in par. (c), if the elector is making written application for an absentee
10ballot at the partisan primary, the general election, the presidential preference
11primary, or a special election for national office, and the application indicates that
12the elector is a military elector, as defined in s. 6.34 (1), the application shall be
13received by the municipal clerk no later than 5 p.m. on election day. If the application
14indicates that the reason for requesting an absentee ballot is that the elector is a
15sequestered juror, the application shall be received no later than 5 p.m. on election
16day. If the application is received after 5 p.m. on the Friday immediately preceding
17the election, the municipal clerk or the clerk's agent shall immediately take the ballot
18to the court in which the elector is serving as a juror and deposit it with the judge.
19The judge shall recess court, as soon as convenient, and give the elector the ballot.
20The judge shall then witness the voting procedure as provided in s. 6.87 and shall
21deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling
22place or, in municipalities where absentee ballots are canvassed under s. 7.52, to the
23municipal clerk as required in s. 6.88. If application is made under sub. (2) or (2m),
24the application may be received no later than 5 p.m. on the Friday immediately
25preceding the election.
AB54, s. 2
1Section 2. Initial applicability.
AB54,3,32 (1) This act first applies to elections held no earlier than 60 days after the
3effective date of this subsection.
AB54,3,44 (End)
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