LRBa1528/2
RJM:cmh:hmh
1999 - 2000 LEGISLATURE
SENATE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 700
March 3, 2000 - Offered by Committee on Agriculture, Environmental
Resources and Campaign Finance Reform.
AB700-SA1,1,3
3"
Section 65m. 6.22 (2) (b) of the statutes is repealed and recreated to read:
AB700-SA1,1,64
6.22
(2) (b) Notwithstanding s. 6.87 (4), a military elector shall make and
5subscribe to the certification under s. 6.87 (2) before a witness who is an adult U.S.
6citizen.".
AB700-SA1,1,10
93. Page 37, line 10: delete the material beginning with "
certificate" and ending
10with "
certificate-affidavit" on line 11 and substitute "certificate
affidavit".
AB700-SA1,2,4
114. Page 37, line 13: delete the material beginning with "Whenever" and ending
12with "citizens." on line 15 and substitute "
Whenever an application, affidavit or other
13act is required in ss. 6.86 to 6.89 an overseas elector may fulfill the requirements by
1subscribing or swearing before any person authorized to administer oaths or 2 adult
2U.S. citizens Notwithstanding s. 6.87 (4), an overseas elector shall make and
3subscribe to the special certificate form before a witness who is an adult U.S.
4citizen.".
AB700-SA1,2,6
6"
Section 75m. 6.24 (7) of the statutes is amended to read:
AB700-SA1,2,127
6.24
(7) Voting procedure. Except as authorized under s. 6.25, the ballot shall
8be marked or punched and returned, deposited and recorded in the same manner as
9other absentee ballots. In addition, the
certificate-affidavit certificate shall have a
10statement of the elector's birth date. Failure to return the unused ballots in a
11primary election does not invalidate the ballot on which the elector casts his or her
12votes.".
AB700-SA1,2,17
17"
Section 95p. 6.87 (2) of the statutes is amended to read:
AB700-SA1,2,2218
6.87
(2) The Except as authorized under sub. (3) (d), the municipal clerk shall
19place the ballot in an unsealed envelope furnished by the clerk. The envelope shall
20have the name, official title and post-office address of the clerk upon its face. The
21other side of the envelope shall have a printed
certificate-affidavit certificate in
22substantially the following form:
AB700-SA1,2,2323
[STATE OF ....
AB700-SA1,2,2424
County of ....]
AB700-SA1,3,22
[(name of foreign country and city or other jurisdictional unit)]
AB700-SA1,3,183
I, ....,
(certify
) (do solemnly swear) subject to the penalties of s. 12.60 (1) (b), Wis.
4Stats.
, for false statements
, that I am a resident of the [.... ward of the] (town) (village)
5of ...., or of the .... aldermanic district in the city of ...., residing at .... in said city, the
6county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election
7district) at the election to be held on ....; that I am not voting at any other location
8in this election; that I cannot appear at the polling place in the (ward) (election
9district) on election day because I expect to be absent from the municipality or
10because of age, sickness, handicap, physical disability, religious reasons, jury duty,
11service as an election official, or because I have changed my residence within the
12state from one ward or election district to another within 10 days before the election.
13I
(certify
) (swear) that I exhibited the enclosed ballot unmarked to the
(2 witnesses)
14(person administering the oath) witness, that I then in
(their) (his) (her) presence
15and in the presence of no other person marked the ballot and enclosed and sealed the
16same in this envelope in such a manner that no one but myself and any person
17rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could
18know how I voted.
AB700-SA1,3,1919
Signed ....
AB700-SA1,3,2120
The
(2 witnesses) (person administering the oath)
witness shall execute
either
21of the following
as appropriate:
AB700-SA1,4,2
22We I, the undersigned
witnesses witness, subject to the penalties of s. 12.60 (1)
23(b), Wis. Stats., for false statements, certify that the above statements are true and
24the voting procedure was executed as there stated.
Neither of us is I am not a
25candidate for any office on the enclosed ballot (except in the case of an incumbent
1municipal clerk).
The elector was not solicited or advised by us I did not solicit or
2advise the elector to vote for or against any candidate or measure.
AB700-SA1,4,44
....(Address)
AB700-SA1,4,6
6....(Address)
AB700-SA1,4,11
7Subscribed and sworn to before me this .... day of ...., A.D., ...., and I hereby
8certify that I am not a candidate on the ballot upon which the affiant voted (unless
9I am an incumbent municipal clerk), that the voting procedure above was executed
10as therein stated, and that the affiant was not solicited or advised by me to vote for
11or against any candidate or measure.
AB700-SA1,4,13
13....(Title)
AB700-SA1,4,14
14....(State or nation)".
AB700-SA1,4,20
20"
Section 98p. 6.87 (4) of the statutes is amended to read:
AB700-SA1,5,1621
6.87
(4) Except as otherwise provided in s. 6.875, the elector voting absentee
22shall
either make and subscribe to the affidavit before a person authorized to
23administer oaths or make and subscribe to the certification before
2 witnesses one
24witness. The absent elector, in the presence of the
administrator of the oath or
1witnesses witness, shall mark or punch the ballot in a manner that will not disclose
2how the elector's vote is cast. The elector shall then, still in the presence of the
3administrator of the oath or the 2 witnesses witness, fold the ballots if they are paper
4ballots so each is separate and
so that the elector conceals the markings
or punches 5thereon and deposit them in the proper envelope
, but. If a consolidated ballot under
6s. 5.655 is used, the elector shall fold the ballot if it is a paper ballot so that the elector
7conceals the markings thereon and deposit the ballot in the proper envelope. The
8elector may receive assistance under sub. (5). The return envelope shall then be
9sealed. The
witnesses or the official oath administrator witness may not be a
10candidate. The envelope shall be mailed by the elector, postage prepaid, or delivered
11in person, to the municipal clerk issuing the ballot
or ballots. Failure to return an
12unused ballot in a primary does not invalidate the ballot on which the elector's votes
13are cast. Return of more than one marked or punched ballot in a primary or return
14of a ballot
prepared under s. 5.655 or a ballot used with an electronic voting system
15in a primary which is marked or punched for candidates of more than one party
16invalidates all votes cast by the elector for candidates in the primary.
AB700-SA1,5,2218
6.87
(7) No individual who is a candidate at the election in which absentee
19ballots are cast may
administer the oath or serve as a witness. Any candidate who
20administers the oath or serves as a witness shall be penalized by the discounting of
21a number of votes for his or her candidacy equal to the number of
certificate-affidavit 22certificate envelopes bearing his or her signature.
AB700-SA1,6,3
16.87
(8) The provisions of this section which prohibit candidates from
assisting
2or administering the oath to serving as a witness for absentee electors shall not apply
3to the municipal clerk in the performance of the clerk's official duties.
AB700-SA1,6,105
6.87
(9) If a municipal clerk receives an absentee ballot with an improperly
6completed
certificate-affidavit certificate or with no
certificate-affidavit certificate,
7the clerk may return the ballot to the elector, inside the sealed envelope when an
8envelope is received, together with a new envelope if necessary, whenever time
9permits the elector to correct the defect and return the ballot within the period
10prescribed in sub. (6).".
