LRB-6072/1
JK:all
2017 - 2018 LEGISLATURE
November 30, 2018 - Introduced by Committee on Assembly Organization.
Referred to Joint Committee on Finance.
AB1071,1,10 1An Act to repeal 6.34 (1) (b) and 6.87 (4) (a) 2.; to consolidate, renumber and
2amend
6.34 (1) (intro.) and (a) and 6.87 (4) (a) (intro.) and 1.; to amend 5.02
3(21), 5.05 (13) (c), 5.05 (13) (d) 1., 5.60 (8) (am), 6.22 (2) (b), 6.22 (2) (e), 6.22 (4)
4(a), 6.22 (4) (c), 6.24 (2), 6.24 (4) (c), 6.24 (4) (d), 6.24 (4) (e), 6.25 (1) (b), 6.276
5(1), 6.86 (1) (b), 6.865 (1), 6.87 (2), 6.87 (3) (d), 6.87 (4) (b) 1., 6.88 (1), 6.97 (1),
67.08 (2) (d), 7.15 (1) (cm), 7.15 (1) (j), 8.12 (1), 8.12 (3), 10.02 (3) (b) 3., 10.06 (2)
7(d), 10.06 (2) (g) and 11.0101 (32); and to create 5.02 (12n) and 5.02 (15m) of
8the statutes; relating to: holding the presidential preference primary on the
9second Tuesday in March; applying for an absentee ballot in-person; and
10absentee ballots cast by overseas and military voters.
Analysis by the Legislative Reference Bureau
1.
This bill requires the presidential preference primary to be held on the second
Tuesday in March rather than the first Tuesday in April.
2.
Under current law, a qualified elector may apply for an absentee ballot
in-person no earlier than the third Monday preceding the election and no later than

the Friday preceding the election. Under this bill, a qualified elector may apply for
an absentee ballot in-person no earlier than the third Saturday preceding the
election and no later than the Friday preceding the election.
3.
This bill modifies current law regarding the voting procedures for military and
overseas electors so that the law is in substantial compliance with the federal
Uniformed and Overseas Citizens Absentee Voting Act. The bill also modifies
current law so that an individual signing the witness certification for an absentee
ballot cast by a military elector or overseas elector need not be a United States
citizen.
The bill allows all overseas electors to receive absentee ballots electronically,
regardless of whether such electors are considered permanently or temporarily
overseas. Under the bill, an overseas elector is a U.S. citizen who is residing outside
of the United States, who is not disqualified from voting, who has attained or will
attain the age of 18 by the date of an election at which the citizen proposes to vote,
who was last domiciled in this state or whose parent was last domiciled in this state
immediately prior to the parent's departure from the United States, and who is not
registered to vote or voting in any other state, territory, or possession.
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:
AB1071,1 1Section 1. 5.02 (12n) of the statutes is created to read:
AB1071,2,72 5.02 (12n) “Overseas elector" means a U.S. citizen who is residing outside of
3the United States, who is not disqualified from voting under s. 6.03, who has attained
4or will attain the age of 18 by the date of an election at which the citizen proposes to
5vote, who was last domiciled in this state or whose parent was last domiciled in this
6state immediately prior to the parent's departure from the United States, and who
7is not registered to vote or voting in any other state, territory, or possession.
AB1071,2 8Section 2. 5.02 (15m) of the statutes is created to read:
AB1071,3,29 5.02 (15m) “Presidential preference primary” means the primary held on the
102nd Tuesday in March to express preferences for the person to be the presidential

1candidate for each party in a year in which electors for president and vice president
2are to be elected.
AB1071,3 3Section 3. 5.02 (21) of the statutes is amended to read:
AB1071,3,84 5.02 (21) “Spring election" means the election held on the first Tuesday in April
5to elect judicial, educational and municipal officers, and nonpartisan county officers
6and sewerage commissioners and to express preferences for the person to be the
7presidential candidate for each party in a year in which electors for president and
8vice president are to be elected
.
AB1071,4 9Section 4. 5.05 (13) (c) of the statutes is amended to read:
AB1071,3,1310 5.05 (13) (c) The commission shall maintain a freely accessible system under
11which a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined
12in s. 6.34 (1) (b),
who casts an absentee ballot may ascertain whether the ballot has
13been received by the appropriate municipal clerk.
AB1071,5 14Section 5. 5.05 (13) (d) 1. of the statutes is amended to read:
AB1071,3,1815 5.05 (13) (d) 1. To permit a military elector, as defined in s. 6.34 (1) (a), or an
16overseas elector, as defined in s. 6.34 (1) (b), to request a voter registration
17application or an application for an absentee ballot at any election at which the
18elector is qualified to vote in this state.
AB1071,6 19Section 6. 5.60 (8) (am) of the statutes is amended to read:
AB1071,4,320 5.60 (8) (am) Except as authorized in s. 5.655, there shall be a separate ballot
21for each recognized political party filing a certification under s. 8.12 (1), listing the
22names of all potential candidates of that party determined under s. 8.12 and
23affording, in addition, an opportunity to the voter to nominate another potential
24candidate by write-in vote or to vote for an uninstructed delegation to the party
25convention. The order of presidential candidates on the ballot shall be determined

1by lot by or under the supervision of the commission. Each voter shall be given the
2ballots of all the parties participating in the presidential preference vote primary, but
3may vote on one ballot only.
AB1071,7 4Section 7. 6.22 (2) (b) of the statutes is amended to read:
AB1071,4,65 6.22 (2) (b) A military elector shall make and subscribe to the certification
6under s. 6.87 (2) before a witness who is an adult U.S. citizen.
AB1071,8 7Section 8. 6.22 (2) (e) of the statutes is amended to read:
AB1071,4,148 6.22 (2) (e) A military elector may file an application for an absentee ballot by
9means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86
10(1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector
11an absentee ballot or, if the elector is a military elector, as defined in s. 6.34 (1) (a),
12and the elector so requests, shall transmit an absentee ballot to the elector by means
13of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3)
14(d).
AB1071,9 15Section 9. 6.22 (4) (a) of the statutes is amended to read:
AB1071,4,2116 6.22 (4) (a) Upon receiving a timely request for an absentee ballot under par.
17(b) by an individual who qualifies as a military elector, the municipal clerk shall send
18or, if the individual is a military elector as defined in s. 6.34 (1) (a), shall transmit
19to the elector upon the elector's request an absentee ballot for all elections that occur
20in the municipality or portion thereof where the elector resides in the same calendar
21year in which the request is received, unless the individual otherwise requests.
AB1071,10 22Section 10. 6.22 (4) (c) of the statutes is amended to read:
AB1071,5,323 6.22 (4) (c) A military elector may indicate an alternate address on his or her
24absentee ballot application. If the elector's ballot is returned as undeliverable prior
25to the deadline for return of absentee ballots under s. 6.87 (6), and the elector remains

1eligible to receive absentee ballots under this section, the municipal clerk shall
2immediately send or, if the elector is a military elector as defined in s. 6.34 (1) (a),
3transmit an absentee ballot to the elector at the alternate address.
AB1071,11 4Section 11. 6.24 (2) of the statutes is amended to read:
AB1071,5,115 6.24 (2) Eligibility. An overseas elector under sub. (1) may vote in any election
6for national office, including the partisan primary and presidential preference
7primary and any special primary or election. Such elector may not vote in an election
8for state or local office unless the elector qualifies as a resident of this state under
9s. 6.10
. An overseas elector shall vote in the ward or election district in which the
10elector was last domiciled or in which the elector's parent was last domiciled prior
11to departure from the United States.
AB1071,12 12Section 12. 6.24 (4) (c) of the statutes is amended to read:
AB1071,6,213 6.24 (4) (c) Upon receipt of a timely application from an individual who
14qualifies as an overseas elector and who has registered to vote in a municipality
15under sub. (3), the municipal clerk of the municipality shall send, or if the individual
16is an overseas elector, as defined in s. 6.34 (1) (b), shall transmit, an absentee ballot
17to the individual upon the individual's request for all subsequent elections for
18national office to be held during the year in which the ballot is requested, except as
19otherwise provided in this paragraph, unless the individual otherwise requests or
20until the individual no longer qualifies as an overseas elector of the municipality.
21The clerk shall not send an absentee ballot for an election if the overseas elector's
22name appeared on the registration list in eligible status for a previous election
23following the date of the application but no longer appears on the list in eligible
24status. The municipal clerk shall ensure that the envelope containing the absentee
25ballot is clearly marked as not forwardable. If an overseas elector who files an

1application under this subsection no longer resides at the same address that is
2indicated on the application form, the elector shall so notify the municipal clerk.
AB1071,13 3Section 13. 6.24 (4) (d) of the statutes is amended to read:
AB1071,6,124 6.24 (4) (d) An overseas elector, regardless of whether the elector qualifies as
5a resident of this state under s. 6.10,
who is not registered may request both a
6registration form and an absentee ballot at the same time, and the municipal clerk
7shall send or transmit the ballot automatically if the registration form is received
8within the time prescribed in s. 6.28 (1). The commission shall prescribe a special
9certificate form for the envelope in which the absentee ballot for such overseas
10electors is contained, which shall be substantially similar to that provided under s.
116.87 (2). An The overseas elector shall make and subscribe to the special certificate
12form before a witness who is an adult U.S. citizen.
AB1071,14 13Section 14. 6.24 (4) (e) of the statutes is amended to read:
AB1071,6,2114 6.24 (4) (e) An overseas elector, regardless of whether the elector qualifies as
15a resident of this state under s. 6.10,
may file an application for an absentee ballot
16by means of electronic mail or facsimile transmission in the manner prescribed in s.
176.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the
18elector an absentee ballot or, if the elector is an overseas elector, as defined in s. 6.34
19(1) (b) and the elector
so requests, shall transmit an absentee ballot to the elector by
20means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87
21(3) (d).
AB1071,15 22Section 15. 6.25 (1) (b) of the statutes is amended to read:
AB1071,7,723 6.25 (1) (b) Any individual who qualifies as an overseas elector under s. 6.24
24(1)
, regardless of whether the elector qualifies as a resident of this state under s. 6.10,
25and who transmits an application for an official absentee ballot for an election for

1national office
, including a primary election, no later than the latest time specified
2for an elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in
3absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all
4candidates of any recognized political party for national office listed on the official
5ballot at that election, if the federal write-in absentee ballot is received by the
6appropriate municipal clerk no later than the applicable time prescribed in s. 6.87
7(6).
AB1071,16 8Section 16. 6.276 (1) of the statutes is amended to read:
AB1071,7,109 6.276 (1) In this section, “military elector" and “overseas elector" have has the
10meanings meaning given in s. 6.34 (1).
AB1071,17 11Section 17. 6.34 (1) (intro.) and (a) of the statutes are consolidated,
12renumbered 6.34 (1) and amended to read:
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