LRB-4310/1
JK:emw
2017 - 2018 LEGISLATURE
February 13, 2018 - Introduced by Representatives Horlacher and Bernier.
Referred to Committee on Campaigns and Elections.
AB947,1,7 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 5.05
3(13) (c), 5.05 (13) (d) 1., 6.22 (2) (b), 6.22 (2) (e), 6.22 (4) (a), 6.22 (4) (c), 6.24 (2),
46.24 (4) (c), 6.24 (4) (d), 6.24 (4) (e), 6.25 (1) (b), 6.276 (1), 6.865 (1), 6.87 (2), 6.87
5(3) (d), 6.87 (4) (b) 1., 6.88 (1), 6.97 (1), 7.15 (1) (cm) and 7.15 (1) (j); and to create
65.02 (12n) of the statutes; relating to: absentee ballots cast by overseas and
7military voters.
Analysis by the Legislative Reference Bureau
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:
AB947,1 1Section 1. 5.02 (12n) of the statutes is created to read:
AB947,2,72 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.
AB947,2 8Section 2. 5.05 (13) (c) of the statutes is amended to read:
AB947,2,129 5.05 (13) (c) The commission shall maintain a freely accessible system under
10which a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined
11in s. 6.34 (1) (b),
who casts an absentee ballot may ascertain whether the ballot has
12been received by the appropriate municipal clerk.
AB947,3 13Section 3. 5.05 (13) (d) 1. of the statutes is amended to read:
AB947,2,1714 5.05 (13) (d) 1. To permit a military elector, as defined in s. 6.34 (1) (a), or an
15overseas elector, as defined in s. 6.34 (1) (b), to request a voter registration
16application or an application for an absentee ballot at any election at which the
17elector is qualified to vote in this state.
AB947,4 18Section 4. 6.22 (2) (b) of the statutes is amended to read:
AB947,3,2
16.22 (2) (b) A military elector shall make and subscribe to the certification
2under s. 6.87 (2) before a witness who is an adult U.S. citizen.
AB947,5 3Section 5. 6.22 (2) (e) of the statutes is amended to read:
AB947,3,104 6.22 (2) (e) A military elector may file an application for an absentee ballot by
5means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86
6(1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector
7an absentee ballot or, if the elector is a military elector, as defined in s. 6.34 (1) (a),
8and the elector so requests, shall transmit an absentee ballot to the elector by means
9of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3)
10(d).
AB947,6 11Section 6. 6.22 (4) (a) of the statutes is amended to read:
AB947,3,1712 6.22 (4) (a) Upon receiving a timely request for an absentee ballot under par.
13(b) by an individual who qualifies as a military elector, the municipal clerk shall send
14or, if the individual is a military elector as defined in s. 6.34 (1) (a), shall transmit
15to the elector upon the elector's request an absentee ballot for all elections that occur
16in the municipality or portion thereof where the elector resides in the same calendar
17year in which the request is received, unless the individual otherwise requests.
AB947,7 18Section 7. 6.22 (4) (c) of the statutes is amended to read:
AB947,3,2419 6.22 (4) (c) A military elector may indicate an alternate address on his or her
20absentee ballot application. If the elector's ballot is returned as undeliverable prior
21to the deadline for return of absentee ballots under s. 6.87 (6), and the elector remains
22eligible to receive absentee ballots under this section, the municipal clerk shall
23immediately send or, if the elector is a military elector as defined in s. 6.34 (1) (a),
24transmit an absentee ballot to the elector at the alternate address.
AB947,8 25Section 8. 6.24 (2) of the statutes is amended to read:
AB947,4,7
16.24 (2) Eligibility. An overseas elector under sub. (1) may vote in any election
2for national office, including the partisan primary and presidential preference
3primary and any special primary or election. Such elector may not vote in an election
4for state or local office unless the elector qualifies as a resident of this state under
5s. 6.10
. An overseas elector shall vote in the ward or election district in which the
6elector was last domiciled or in which the elector's parent was last domiciled prior
7to departure from the United States.
AB947,9 8Section 9. 6.24 (4) (c) of the statutes is amended to read:
AB947,4,239 6.24 (4) (c) Upon receipt of a timely application from an individual who
10qualifies as an overseas elector and who has registered to vote in a municipality
11under sub. (3), the municipal clerk of the municipality shall send, or if the individual
12is an overseas elector, as defined in s. 6.34 (1) (b), shall transmit an absentee ballot
13to the individual upon the individual's request for all subsequent elections for
14national office to be held during the year in which the ballot is requested, except as
15otherwise provided in this paragraph, unless the individual otherwise requests or
16until the individual no longer qualifies as an overseas elector of the municipality.
17The clerk shall not send an absentee ballot for an election if the overseas elector's
18name appeared on the registration list in eligible status for a previous election
19following the date of the application but no longer appears on the list in eligible
20status. The municipal clerk shall ensure that the envelope containing the absentee
21ballot is clearly marked as not forwardable. If an overseas elector who files an
22application under this subsection no longer resides at the same address that is
23indicated on the application form, the elector shall so notify the municipal clerk.
AB947,10 24Section 10. 6.24 (4) (d) of the statutes is amended to read:
AB947,5,9
16.24 (4) (d) An overseas elector, regardless of whether the elector qualifies as
2a resident of this state under s. 6.10,
who is not registered may request both a
3registration form and an absentee ballot at the same time, and the municipal clerk
4shall send or transmit the ballot automatically if the registration form is received
5within the time prescribed in s. 6.28 (1). The commission shall prescribe a special
6certificate form for the envelope in which the absentee ballot for such overseas
7electors is contained, which shall be substantially similar to that provided under s.
86.87 (2). An The overseas elector shall make and subscribe to the special certificate
9form before a witness who is an adult U.S. citizen.
AB947,11 10Section 11. 6.24 (4) (e) of the statutes is amended to read:
AB947,5,1811 6.24 (4) (e) An overseas elector, regardless of whether the elector qualifies as
12a resident of this state under s. 6.10,
may file an application for an absentee ballot
13by means of electronic mail or facsimile transmission in the manner prescribed in s.
146.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the
15elector an absentee ballot or, if the elector is an overseas elector, as defined in s. 6.34
16(1) (b) and the elector
so requests, shall transmit an absentee ballot to the elector by
17means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87
18(3) (d).
AB947,12 19Section 12. 6.25 (1) (b) of the statutes is amended to read:
AB947,6,420 6.25 (1) (b) Any individual who qualifies as an overseas elector under s. 6.24
21(1)
, regardless of whether the elector qualifies as a resident of this state under s. 6.10,
22and who transmits an application for an official absentee ballot for an election for
23national office
, including a primary election, no later than the latest time specified
24for an elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in
25absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all

1candidates of any recognized political party for national office listed on the official
2ballot at that election, if the federal write-in absentee ballot is received by the
3appropriate municipal clerk no later than the applicable time prescribed in s. 6.87
4(6).
AB947,13 5Section 13. 6.276 (1) of the statutes is amended to read:
AB947,6,76 6.276 (1) In this section, “military elector" and “overseas elector" have has the
7meanings meaning given in s. 6.34 (1).
AB947,14 8Section 14. 6.34 (1) (intro.) and (a) of the statutes are consolidated,
9renumbered 6.34 (1) and amended to read:
AB947,6,1710 6.34 (1) In this section: (a) “Military, “military elector" means a member of a
11uniformed service on active duty who, by reason of that duty, is absent from the
12residence where the member is otherwise qualified to vote; a member of the
13merchant marine, as defined in s. 6.22 (1) (a), who by reason of service in the
14merchant marine, is absent from the residence where the member is otherwise
15qualified to vote; or the spouse or dependent of any such member who, by reason of
16the duty or service of the member, is absent from the residence where the spouse or
17dependent is otherwise qualified to vote.
AB947,15 18Section 15. 6.34 (1) (b) of the statutes is repealed.
AB947,16 19Section 16. 6.865 (1) of the statutes is amended to read:
AB947,6,2120 6.865 (1) In this section, “military elector" and "overseas elector" have has the
21meanings meaning given under s. 6.34 (1).
AB947,17 22Section 17. 6.87 (2) of the statutes is amended to read:
AB947,7,1023 6.87 (2) Except as authorized under sub. (3) (d), the municipal clerk shall place
24the ballot in an unsealed envelope furnished by the clerk. The envelope shall have
25the name, official title and post-office address of the clerk upon its face. The other

1side of the envelope shall have a printed certificate which shall include a space for
2the municipal clerk or deputy clerk to enter his or her initials indicating that if the
3absentee elector voted in person under s. 6.86 (1) (ar), the elector presented proof of
4identification to the clerk and the clerk verified the proof presented. The certificate
5shall also include a space for the municipal clerk or deputy clerk to enter his or her
6initials indicating that the elector is exempt from providing proof of identification
7because the individual is a military elector or an overseas elector who does not
8qualify as a resident of this state under s. 6.10
or is exempted from providing proof
9of identification under sub. (4) (b) 2. or 3. The certificate shall be in substantially the
10following form:
AB947,7,1111 [STATE OF ....
AB947,7,1212 County of ....]
AB947,7,1414 [(name of foreign country and city or other jurisdictional unit)]
AB947,8,215 I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false
16statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of
17the .... aldermanic district in the city of ...., residing at ....* in said city, the county
18of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at
19the election to be held on ....; that I am not voting at any other location in this election;
20that I am unable or unwilling to appear at the polling place in the (ward) (election
21district) on election day or have changed my residence within the state from one ward
22or election district to another later than 28 days before the election. I certify that I
23exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her)
24presence and in the presence of no other person marked the ballot and enclosed and
25sealed the same in this envelope in such a manner that no one but myself and any

1person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance,
2could know how I voted.
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