Amendment ASA1-SB42

SB42-ASA1,23,2 6.29 (1) No names may be added to a registration list for any election after the close of registration, except as authorized under this section or s. 6.28 (1), 6.285, 6.55 (2), or 6.86 (3) (a) 2. Any person whose name is not on the registration list but who is otherwise a qualified elector is entitled to vote at the election upon compliance with this section.

SB42-ASA1, s. 28 Section 28. 6.29 (2) (a) of the statutes is amended to read:

SB42-ASA1,23,21 6.29 (2) (a) Any qualified elector of a municipality who has not previously filed a registration form or whose name does not appear on the registration list of the municipality may register after the close of registration but not later than 5 p.m. or the close of business, whichever is later, on the day before an election at the office of the municipal clerk and at the office of the clerk's agent if the clerk delegates responsibility for electronic maintenance of the registration list to an agent under s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2), a registration form containing all information required under s. 6.33 (1). The registration form shall also contain the following certification: "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 days immediately preceding this election, and I have not voted at this election." The elector shall also provide acceptable proof of residence under s. 6.55 (7). Alternatively, if the elector is unable to provide acceptable proof of residence under s. 6.55 (7), the information contained in the registration form shall be corroborated in a statement that is signed by any other elector of the municipality and that contains the current street address of the corroborating elector. The corroborating elector shall then provide acceptable proof of residence under s. 6.55 (7).

SB42-ASA1, s. 29 Section 29. 6.29 (2) (am) of the statutes is created to read:

SB42-ASA1,24,11 6.29 (2) (am) The board shall provide to each municipal clerk a list prepared for use at each municipal clerk's office showing the name and address of each person whose name appears on the list provided by the department of corrections under s. 301.03 (20) as ineligible to vote on the date of the election, whose address is located in the municipality, and whose name does not appear on the registration list for that municipality. Prior to permitting an elector to register to vote under this subsection, the municipal clerk shall review the list. If the name of an elector who wishes to register to vote appears on the list, the municipal clerk shall inform the elector that the elector is ineligible to register to vote. If the elector maintains that he or she is eligible to vote in the election, the municipal clerk shall permit the elector to register to vote but shall mark the elector's registration form as "ineligible to vote per Department of Corrections." If the elector wishes to vote, the municipal clerk shall challenge the elector's ballot in the same manner as provided for inspectors who challenge ballots under s. 6.79 (2) (dm).

SB42-ASA1, s. 30 Section 30. 6.32 (3) of the statutes is amended to read:

SB42-ASA1,24,17 6.32 (3) If the form is submitted later than the close of registration, the clerk shall make a good faith effort to notify the elector that he or she may register at the clerk's office under s. 6.29 or, at the proper polling place or other location designated under s. 6.55 (2), or, if applicable, at a satellite absentee voting station designated under s. 6.873 (1).

SB42-ASA1, s. 31 Section 31. 6.33 (1) of the statutes, as affected by 2003 Wisconsin Act 265, section 49b, is amended to read:

SB42-ASA1,25,19 6.33 (1) The municipal clerk shall supply sufficient registration forms as prescribed by Except as provided in sub. (1m), the board shall prescribe the format, size, and shape of registration forms. All forms shall be printed on loose-leaf sheets or cards and each item of information shall be of uniform font size, as prescribed by the board. The municipal clerk shall supply sufficient forms to meet voter registration needs. The forms shall be designed to obtain from each applicant information as to name; date; residence location; citizenship; date of birth; age; the number of a valid operator's license issued to the elector under ch. 343 or the last 4 digits of the elector's social security account number; whether the applicant has resided within the ward or election district for at least 10 days; whether the applicant has lost his or her right to vote been convicted of a felony for which he or she has not been pardoned, and if so, whether the applicant is incarcerated, or on parole, probation, or extended supervision; whether the application is disqualified on any other ground from voting; and whether the applicant is currently registered to vote at any other location. The forms shall also provide a space for the applicant's signature and the ward and aldermanic district, if any, where the elector resides and any other information required to determine the offices and referenda for which the elector is certified to vote. The forms shall also include a space where the clerk may record an indication of whether the form is received by mail and a space where the clerk, for any applicant who possesses a valid voting identification card issued to the person under s. 6.47 (3), may record the identification serial number appearing on the voting identification card. Each register of deeds shall obtain sufficient registration forms at the expense of the unit of government by which he or she is employed for completion by any elector who desires to register to vote at the office of the register of deeds under s. 6.28 (3).

SB42-ASA1, s. 32 Section 32. 6.33 (1m) of the statutes is created to read:

SB42-ASA1,25,23 6.33 (1m) (a) The board, in consultation with the department of transportation, shall prescribe the registration form and update form for use at the offices of the department of transportation under s. 6.28 (4). The registration form shall include:

SB42-ASA1,25,25 1. A list of the qualifications for voting under s. 6.02 and the grounds for disqualification under s. 6.03.

SB42-ASA1,26,3 2. A statement to be signed by the applicant affirming that the applicant meets the qualifications for voting under s. 6.02 and is not disqualified from voting under s. 6.03.

SB42-ASA1,26,6 3. A notice indicating that the applicant may decide whether or not to register to vote at the time of filing the application and that the applicant's decision not to register will remain confidential.

SB42-ASA1,26,9 4. A notice indicating that, if the applicant registers to vote at the time of filing the application, the location of the office at which the applicant files the application will remain confidential.

SB42-ASA1,26,12 5. A notice indicating that, if the applicant wishes to obtain a confidential listing under s. 6.47 (2), the applicant must register at the office of the municipal clerk of the municipality where the elector resides.

SB42-ASA1,26,21 (b) Except as provided in par. (a) and this paragraph, the forms prescribed under this subsection may require the applicant or the special registration deputy who receives the completed form to provide any information that the board determines to be necessary to administer voter registration and the election process, to prevent duplicate voter registrations, and to enable the election officials of the applicant's municipality of residence to assess the applicant's eligibility to vote. The registration form may not require the applicant to provide any information that duplicates information required in the operator's license, identification card, or renewal portion of the application, other than the applicant's signature.

SB42-ASA1, s. 33 Section 33. 6.33 (2) (a) of the statutes, as affected by 2003 Wisconsin Act 265, section 49b, is amended to read:

SB42-ASA1,27,9 6.33 (2) (a) All information on any form prescribed under sub. (1) or (1m) may be recorded by any person, except as provided in sub. (1m) (b) and except that the ward and aldermanic district, if any, other geographic information under sub. (1), the indication of whether the registration is received by mail, and any information relating to an applicant's voting identification card shall be recorded by the clerk. Each applicant shall sign his or her own name unless the applicant is unable to sign his or her name due to physical disability. In such case, the applicant may authorize another elector to sign the form on his or her behalf. If the applicant so authorizes, the elector signing the form shall attest to a statement that the application is made upon request and by authorization of a named elector who is unable to sign the form due to physical disability.

SB42-ASA1, s. 34 Section 34. 6.33 (5) (a) of the statutes is amended to read:

SB42-ASA1,27,21 6.33 (5) (a) Except as provided in par. (b), whenever a municipal clerk receives a valid registration or valid change of a name or address under an existing registration and whenever a municipal clerk changes a registration from eligible to ineligible status, the municipal clerk shall promptly enter electronically on the list maintained by the board under s. 6.36 (1) the information required under that subsection, except that the municipal clerk may update any entries that change on the date of an election in the municipality within 30 days after that date, and the municipal clerk shall provide to the board information that is confidential under s. 6.47 (2) in such manner as the board prescribes. If an elector registers after the close of registration for an election, the municipal clerk shall enter a notation to that effect indicating the date of registration.

SB42-ASA1, s. 35 Section 35. 6.36 (1) (a) of the statutes is amended to read:

SB42-ASA1,28,12 6.36 (1) (a) The board shall compile and maintain electronically an official registration list. The list shall contain the name and address of each registered elector in the state, the date of birth of the elector, the ward and aldermanic district of the elector, if any, and, for each elector, a unique registration identification number assigned by the board, the number of a valid operator's license issued to the elector under ch. 343, if any, or the last 4 digits of the elector's social security account number, if any, any identification serial number issued to the elector under s. 6.47 (3), the date of any election in which the elector votes, an indication of whether the elector is an overseas elector, as defined in s. 6.24 (1), any information relating to the elector that appears on the current list transmitted to the board by the department of corrections under s. 301.03 (20), an indication of any accommodation required under s. 5.25 (4) (a) to permit voting by the elector, an indication of the method by which the elector's registration form was received, and such other information as may be determined by the board to facilitate administration of elector registration requirements.

SB42-ASA1, s. 36 Section 36. 6.36 (1) (b) 1. a. of the statutes is amended to read:

SB42-ASA1,28,21 6.36 (1) (b) 1. a. No person other than an employee of the board, a municipal clerk, a deputy clerk, an executive director of a city board of election commissioners, or a deputy designated by the executive director may view the date of birth, registration identification number, operator's license number, or social security account number of an elector, the date of birth of an elector except as provided in this subdivision, the address of an elector to whom an identification serial number is issued under s. 6.47 (3), or any indication of an accommodation required under s. 5.25 (4) (a) to permit voting by an elector.

SB42-ASA1, s. 37 Section 37. 6.36 (1) (b) 1. am. of the statutes is created to read:

SB42-ASA1,29,16 6.36 (1) (b) 1. am. Any individual who appears in person at the office of the municipal clerk or board of election commissioners of a municipality may examine information relating to the date of birth of any elector or former elector of the state as shown on the registration list, upon presentation of a current, valid identification card issued by a governmental unit or other acceptable proof of residence as provided in s. 6.55 (7). An individual making an examination under this subdivision may receive a copy of any information on the registration list to which access is permitted under this paragraph. Prior to permitting an individual to make an examination under this subdivision, the clerk or board of election commissioners shall record the name of the individual who requests to make the examination, as shown on the identifying document presented by the individual, the type of identifying document presented by the individual, and any unique number shown on the face of that document. No individual who obtains information under this subdivision may use the information for any commercial purpose or post the information on the Internet. Prior to permitting an individual to inspect or obtain a copy of any information under this subdivision, the municipal clerk or board of election commissioners shall require the individual to sign an affidavit, on a form prescribed by the board, agreeing that he or she will ensure that the information will not be used for any commercial purpose and will not be posted on the Internet.

SB42-ASA1, s. 38 Section 38. 6.36 (2) (a) of the statutes, as affected by 2003 Wisconsin Act 265, section 58b, is amended to read:

SB42-ASA1,30,5 6.36 (2) (a) Except as provided in pars. (b) and (c), each registration list prepared for use as a poll list at a polling place or for purposes of canvassing absentee ballots shall contain the full name and address of each registered elector; a blank column for the entry of the serial number of the electors when they vote; or the poll list number used by the municipal board of canvassers in canvassing absentee ballots; if the list is prepared for use at an election for national office, an indication next to the name of each elector for whom identification is required under par. (c) 2.; if the elector's name appears on the current list transmitted to the board by the department of corrections under s. 301.03 (20), a notation to that effect; and a form of certificate bearing the certification of the executive director of the board stating that the list is a true and complete registration list of the municipality or the ward or wards for which the list is prepared.

SB42-ASA1, s. 39 Section 39. 6.40 (1) (a) 1. of the statutes is amended to read:

SB42-ASA1,30,17 6.40 (1) (a) 1. Any Except as provided in s. 6.28 (4) (b) and except as otherwise provided in this paragraph, a registered elector shall transfer registration after a change of residence within the state by filing in person with at the office of the municipal clerk or by mailing to the municipal clerk a signed request stating his or her present address, affirming that this will be his or her residence for 10 days prior to the election and providing the address where he or she was last registered. Alternatively, the elector may transfer his or her registration at a satellite absentee voting station designated under s. 6.873 (1) or the proper polling place or other registration location under s. 6.02 (2) in accordance with s. 6.55 (2) (a). If an elector is voting in the ward or election district where the elector formerly resided, the change shall be effective for the next election.

SB42-ASA1, s. 40 Section 40. 6.40 (1) (c) of the statutes is amended to read:

SB42-ASA1,31,2 6.40 (1) (c) Name change. Whenever Except as provided in s. 6.28 (4) (b) and except as otherwise provided in this paragraph, whenever an elector's name is legally changed, including a change by marriage or divorce, the elector shall transfer his or her registration to his or her legal name by appearing in person at the office of the municipal clerk or mailing to the municipal clerk a signed request for a transfer of registration to such name. Alternatively, a registered elector may make notification of a name change at a satellite absentee voting station designated under s. 6.873 (1) or at his or her polling place under s. 6.55 (2) (d).

SB42-ASA1, s. 41 Section 41. 6.50 (3) of the statutes is amended to read:

SB42-ASA1,31,18 6.50 (3) Upon receipt of reliable information that a registered elector has changed his or her residence to a location outside of the municipality, the municipal clerk or board of election commissioners shall notify the elector by mailing a notice by 1st class mail to the elector's registration address stating the source of the information. All municipal departments and agencies receiving information that a registered elector has changed his or her residence shall notify the clerk or board of election commissioners. If the elector no longer resides in the municipality or fails to apply for continuation of registration within 30 days of the date the notice is mailed, the clerk or board of election commissioners shall change the elector's registration from eligible to ineligible status. Upon receipt of reliable information that a registered elector has changed his or her residence within the municipality, the municipal clerk or board of election commissioners shall transfer the elector's registration and mail the elector a notice of the transfer under s. 6.40 (2). This subsection does not restrict the right of an elector to challenge any registration under s. 6.325, 6.48, 6.925 or 6.93 7.52 (5).

SB42-ASA1, s. 42 Section 42. 6.55 (2) (a) 1. of the statutes is amended to read:

SB42-ASA1,32,3 6.55 (2) (a) 1. Except where the procedure under par. (c) or (cm) is employed, any person who qualifies as an elector in the ward or election district where he or she desires to vote, but has not previously filed a registration form, or was registered at another location, may request permission to vote at the polling place for that ward or election district, or at an alternate polling place assigned under s. 5.25 (5) (b). When a proper request is made, the inspector shall require the person to execute a registration form prescribed by the board. The registration form shall be completed in the manner provided under s. 6.33 (2) and shall contain all information required under s. 6.33 (1), together with the following certification:

SB42-ASA1,32,7 "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 days immediately preceding this election, and that I am not disqualified on any ground from voting, and I have not voted, at this election."

SB42-ASA1, s. 43 Section 43. 6.55 (2) (cs) of the statutes is created to read:

SB42-ASA1,32,23 6.55 (2) (cs) The board shall provide to each municipal clerk a list prepared for use at each polling place showing the name and address of each person whose name appears on the list provided by the department of corrections under s. 301.03 (20) as ineligible to vote on the date of the election, whose address is located in the area served by that polling place, and whose name does not appear on the poll list for that polling place. Prior to permitting an elector to register to vote under this subsection or s. 6.86 (3) (a) 2., the special registration deputies shall review the list. If the name of an elector who wishes to register to vote appears on the list, the special registration deputies shall inform the elector or the elector's agent that the elector is ineligible to register to vote. If the elector or the elector's agent maintains that the elector is eligible to vote in the election, the special registration deputies shall permit the elector to register but shall mark the elector's registration form as "ineligible to vote per Department of Corrections." If the elector wishes to vote, the inspectors shall require the elector to vote by ballot and shall challenge the ballot as provided in s. 6.79 (2) (dm).

SB42-ASA1, s. 44 Section 44. 6.55 (2) (d) of the statutes is amended to read:

SB42-ASA1,33,8 6.55 (2) (d) A registered elector who has changed his or her name but resides at the same address, and has not notified the municipal clerk transferred his or her registration to his or her legal name under s. 6.40 (1) (c) or filed a timely update of his or her registration under s. 6.28 (4) (b), shall notify the inspector of the change before voting. The inspector shall then notify the municipal clerk at the time when materials are returned under s. 6.56 (1). If an elector has changed both a name and address, the elector shall register at the polling place or other registration location under pars. (a) and (b).

SB42-ASA1, s. 45 Section 45. 6.55 (3) of the statutes is renumbered 6.55 (3) (a) and amended to read:

SB42-ASA1,34,7 6.55 (3) (a) Any qualified elector in the ward or election district where the elector desires to vote whose name does not appear on the registration list but who claims to be registered to vote in the election may request permission to vote at the polling place for that ward or election district. When the request is made, the inspector shall require the person to give his or her name and address. If the elector is not at the polling place which serves the ward or election district where the elector resides, the inspector shall provide the elector with directions to the correct polling place. If the elector is at the correct polling place, the elector shall then execute the following written statement: "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 days immediately preceding this election, and that I am not disqualified on any ground from voting, and I have not voted at this election and am properly registered to vote in this election." The person shall be required to provide acceptable proof of residence as provided under sub. (7) and shall then be given the right to vote. If the elector cannot provide acceptable proof of residence, the statement shall be certified by the elector and shall be corroborated in a statement that is signed by any other elector who resides in the municipality and that contains the current street address of the corroborating elector. The corroborator shall then provide acceptable proof of residence as provided in sub. (7). Whenever the question of identity or residence cannot be satisfactorily resolved and the elector cannot be permitted to vote, an inspector shall telephone the office of the municipal clerk to reconcile the records at the polling place with those at the office.

SB42-ASA1, s. 46 Section 46. 6.55 (3) (b) of the statutes is created to read:

SB42-ASA1,34,15 6.55 (3) (b) Prior to permitting an elector to vote under this subsection, the inspectors shall review the list provided by the board under sub. (2) (cs). If the name of the elector appears on the list, the inspectors shall inform the elector that he or she is ineligible to vote at the election. If the elector maintains that he or she is eligible to vote in the election, the inspectors shall permit the elector to vote, but shall require the elector to vote by ballot, and shall challenge the ballot as provided in s. 6.79 (2) (dm).

SB42-ASA1, s. 47 Section 47. 6.56 (1) of the statutes is amended to read:

SB42-ASA1,34,20 6.56 (1) The list containing the names of persons voting under ss. 6.29 and s. 6.55 (2) and or (3) or persons voting after presenting a certificate issued under s. 6.285 (2) (b) 3. or 6.29 (2) (b) shall be returned together with all forms and certificates to the municipal clerk.

SB42-ASA1, s. 48 Section 48. 6.56 (3) of the statutes is amended to read:

SB42-ASA1,35,11 6.56 (3) Upon receipt of the list under sub. (1), the municipal clerk or board of election commissioners shall make an audit of all electors registering to vote at the polling place or other registration location under s. 6.55 (2) and, all electors registering by agent on election day under s. 6.86 (3) (a) 2. and all electors registering to vote after the close of registration under s. 6.285 (2) or 6.29 (2) (a). The audit shall be made by 1st class postcard. The postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the clerk or board of election commissioners if the elector does not reside at the address given on the postcard. If any postcard is returned undelivered, or if the clerk or board of election commissioners is informed of a different address than the one specified by the elector which was apparently improper on the day of the election, the clerk or board shall change the status of the elector from eligible to ineligible on the registration list and mail the elector a notice of the change in status and provide the name to the district attorney for the county where the polling place or satellite absentee voting station is located.

SB42-ASA1, s. 49 Section 49. 6.56 (3m) of the statutes is created to read:

SB42-ASA1,35,23 6.56 (3m) As soon as possible after all information relating to registrations after the close of registration for an election is entered on the registration list following the election under s. 6.33 (5) (a), the board shall compare the list of new registrants with the list containing the names transmitted to the board by the department of corrections under s. 301.03 (20) as of election day but whose names do not appear on the poll lists for the election because the names were added after the board certified the poll lists for use at the election. If the board finds that the name of any person whose name appears on the list transmitted under s. 301.03 (20) has been added to the registration list, the board shall enter on the list the information transmitted to the board under s. 301.03 (20) and shall notify the district attorney that the person appears to have voted illegally at the election.

SB42-ASA1, s. 50 Section 50. 6.77 (1) of the statutes is amended to read:

SB42-ASA1,36,7 6.77 (1) An elector may vote only at the polling place for his or her residence designated by the governing body or board of election commissioners of the municipality where the elector resides, at a satellite absentee voting station designated under s. 6.873 (1) by the municipality where the elector resides, or at a nursing home, qualified retirement home, or qualified community-based residential facility where absentee voting is conducted under s. 6.875 (6) in the municipality where the elector resides.

SB42-ASA1, s. 51 Section 51. 6.79 (2) (c) of the statutes, as affected by 2003 Wisconsin Act 265, section 96, is amended to read:

SB42-ASA1,36,17 6.79 (2) (c) The officials shall maintain separate lists for electors who are voting under s. 6.15, 6.29, or 6.55 (2) or (3), or 6.873 (4) and electors who are reassigned from another polling place under s. 5.25 (5) (b) and shall enter the full name, address, and serial number of each of these electors on the appropriate separate list. Alternatively, if the poll list at a polling place is maintained electronically, the officials may enter on the poll list the information that would otherwise appear on a separate list if the information that would be obtainable from a separate list is entered on the poll list.

SB42-ASA1, s. 52 Section 52. 6.79 (2) (dm) of the statutes is created to read:

SB42-ASA1,36,25 6.79 (2) (dm) If the poll list indicates that the elector is ineligible to vote because the elector's name appears on the current list provided by the department of corrections under s. 301.03 (20), the inspectors shall inform the elector of this fact. If the elector maintains that he or she is eligible to vote in the election, the inspectors shall provide the elector with a ballot and, after the elector casts his or her vote, shall challenge the ballot as provided in s. 6.92 and treat the ballot in the manner provided in s. 6.95.

SB42-ASA1, s. 53 Section 53. 6.86 (1) (a) 5. of the statutes is amended to read:

SB42-ASA1,37,3 6.86 (1) (a) 5. By delivering an application to a special voting deputy under s. 6.873 (4) or 6.875 (6).

SB42-ASA1, s. 54 Section 54. 6.86 (1) (ar) of the statutes is amended to read:

SB42-ASA1,37,9 6.86 (1) (ar) Except as authorized in s. ss. 6.873 (3) (b) and 6.875 (6), the municipal clerk shall not issue an absentee ballot unless the clerk receives a written application therefor from a qualified elector of the municipality. The clerk shall retain each absentee ballot application until destruction is authorized under s. 7.23 (1).

SB42-ASA1, s. 55 Section 55. 6.86 (1) (b) of the statutes is amended to read:

SB42-ASA1,37,25 6.86 (1) (b) Except as provided in this section, if application is made in writing, the application, signed by the elector, shall be received no later than 5 p.m. on the Friday immediately preceding the election. If application is made in person, the application shall be made no later than 5 p.m. on the day preceding the election. If the elector is making written application and the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then witness the voting procedure as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place municipal clerk as required in s. 6.88. If application is made under sub. (2), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

SB42-ASA1, s. 56 Section 56. 6.86 (3) (c) of the statutes is amended to read:

SB42-ASA1,38,13 6.86 (3) (c) An application under par. (a) 1. may be made and a registration form under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier than 7 days before an election and not later than 5 p.m. on the day of the election. A list of hospitalized electors applying for ballots under par. (a) 1. shall be made by the municipal clerk and used to check that the electors vote only once, and by absentee ballot. If identification is required, the municipal clerk shall so inform the agent and the elector shall enclose identification in the envelope with the ballot. The ballot shall be sealed by the elector and returned to the municipal clerk either by mail or by personal delivery of the agent; but if the ballot is returned on the day of the election, the agent shall make personal delivery at the polling place serving the hospitalized elector's residence before the closing hour for the ballot to be counted to the municipal clerk no later than 8 p.m. on election day.

SB42-ASA1, s. 57 Section 57. 6.86 (6) of the statutes is created to read:

SB42-ASA1,38,19 6.86 (6) Any elector may challenge for cause any person offering to cast an absentee ballot in person at the office of the municipal clerk whom the elector knows or suspects is not a qualified elector. The municipal clerk or deputy clerk shall treat the challenge in the same manner as provided for inspectors making challenges under ss. 6.925, 6.94, and 6.95.

SB42-ASA1, s. 58 Section 58. 6.87 (3) (a) of the statutes is amended to read:

SB42-ASA1,38,24 6.87 (3) (a) Except as authorized under par. (d) and as otherwise provided in s. ss. 6.873 and 6.875, the municipal clerk shall mail the absentee ballot postage prepaid for return to the elector's residence unless otherwise directed, or shall deliver it to the elector personally at the clerk's office.

SB42-ASA1, s. 59 Section 59. 6.87 (4) of the statutes, as affected by 2003 Wisconsin Act 265, section 112a, is amended to read:

SB42-ASA1,39,25 6.87 (4) Except as otherwise provided in s. 6.875, the elector voting absentee shall make and subscribe to the certification before one witness. The absent elector, in the presence of the witness, shall mark the ballot in a manner that will not disclose how the elector's vote is cast. The elector shall then, still in the presence of the witness, fold the ballots so each is separate and so that the elector conceals the markings thereon and deposit them in the proper envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that the elector conceals the markings thereon and deposit the ballot in the proper envelope. If the elector has registered by mail and has not, or is not certain whether the elector has, previously voted in an election for national office in this state, the elector shall enclose identification in the envelope or if the elector is voting at a satellite absentee voting station, shall provide identification to the special voting deputy. Identification is required if the elector is not a military elector or an overseas elector, as defined in s. 6.36 (2) (c), and the elector registered by mail and has not voted in an election for national office in this state. The elector may receive assistance under sub. (5). The return envelope shall then be sealed. The witness may not be a candidate. The envelope shall be mailed by the elector, postage prepaid, or delivered in person, to the municipal clerk issuing the ballot or ballots. Failure to return an unused ballot in a primary does not invalidate the ballot on which the elector's votes are cast. Return of more than one marked ballot in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an electronic voting system in a primary which is marked for candidates of more than one party invalidates all votes cast by the elector for candidates in the primary.

SB42-ASA1, s. 60 Section 60. 6.87 (6) of the statutes is amended to read:

SB42-ASA1,40,4 6.87 (6) The ballot shall be returned so it is received by the municipal clerk in time for delivery to the polls before the closing hour by 8 p.m. on election day. Any ballot not mailed or delivered as provided in this subsection may not be counted.

SB42-ASA1, s. 61 Section 61. 6.873 of the statutes is created to read:

SB42-ASA1,40,18 6.873 Absentee voting at satellite absentee voting stations. (1) Designation of satellite absentee voting stations. The governing body of any municipality may designate any location, other than the office of the municipal clerk or board of election commissioners and other than a nursing or retirement home or community-based residential facility under s. 6.875, as a satellite absentee voting station where electors of the municipality may vote by absentee ballot. The municipal clerk or board of election commissioners may designate a satellite absentee voting station on private property only if the person who owns the property or otherwise has authority to consent to its use by the municipality consents to the designation and consents to the enforcement of s. 12.03 (2m) on property owned or controlled by the person. The municipal clerk or board of election commissioners shall not designate a location as a satellite absentee voting station if there is a charge for the municipality to use the location.

SB42-ASA1,41,6 (2) Special voting deputies. (a) Appointment. The municipal clerk or board of election commissioners shall appoint at least one qualified elector as a special voting deputy to receive absentee ballots at each satellite absentee voting station designated under sub. (1). The appointment shall be made without regard to party affiliation. The special voting deputy shall be able to read and write the English language, be capable, and be of good understanding, and may not be a candidate for any office to be voted for at an election for which he or she serves. The governing body of the municipality may require a special voting deputy to have a general knowledge of the election laws. The municipal clerk or board of election commissioners may administer examinations to determine whether an individual qualifies for appointment under this paragraph. In coordination with the board, the municipal clerk or board of election commissioners shall instruct the special voting deputy in the deputy's duties and responsibilities.

SB42-ASA1,41,17 (b) Oath. Before performing his or her duties, each special voting deputy appointed under par. (a) shall file the oath required by s. 7.30 (5). In the oath, the individual shall swear that he or she is qualified to act as a deputy under this section, that he or she has read the statutes governing absentee voting, that he or she understands the proper absentee voting procedure, that he or she understands the penalties for noncompliance with the procedure under s. 12.13, that his or her sacred obligation will be to fully and fairly implement the absentee voting law and seek to have the intent of the electors ascertained. In addition, the oath shall state that the individual realizes that any error in conducting the voting procedure may result in invalidation of an elector's vote under s. 7.51 (2) (e) and that the individual realizes that absentee voting is a privilege and not a constitutional right.

SB42-ASA1,41,21 (c) Term of office. Except as otherwise provided in this paragraph, each special voting deputy appointed under par. (a) shall hold office for 2 years and until his or her successor is appointed and qualified. The municipal clerk or board of election commissioners may revoke a special voting deputy's appointment at any time.

SB42-ASA1,42,11 (d) Authority and duties. For the purpose of ensuring compliance with this section and s. 6.285, each special voting deputy appointed under par. (a) has supervision over the satellite absentee voting station to which he or she is dispatched under sub. (3) (a). The special voting deputy is subject to the supervision of the municipal clerk or board of election commissioners. The special voting deputy has full authority to maintain order and to enforce obedience to his or her lawful commands at any time during which absentee ballots may be cast at the voting station. The special voting deputy shall prevent any person from taking notice of how another person has voted, except when assistance is given under s. 6.87 (5). The special voting deputy shall enforce s. 5.35 (5) and shall prevent electioneering from taking place in violation of s. 12.03 (1m) or (2m). If any person refuses to obey the lawful commands of a special voting deputy, is disorderly in the presence or hearing of the special voting deputy, or interrupts or disturbs the proceedings, the special voting deputy may order any law enforcement officer to remove the person from the voting area or to take the person into custody.

SB42-ASA1,42,19 (3) Operation of satellite absentee voting stations. (a) Operation. The municipal clerk or board of election commissioners may dispatch a special voting deputy appointed under sub. (2) to a satellite absentee voting station designated under sub. (1) for the purpose of permitting qualified electors of the municipality to vote by absentee ballot at that voting station. No satellite absentee voting station may be open for purposes of this subsection or s. 6.285 at any time before the official absentee ballots for the applicable election are prepared under s. 7.15 (1) (cm) or at any time after 5 p.m. on the day before the election.

SB42-ASA1,43,5 (b) Supplies for satellite absentee voting stations. The board shall prescribe a special certificate envelope for use only at satellite absentee voting stations which shall include the notation "Identification submitted," followed by a space for the signature of the special voting deputy to whom the identification was submitted. The municipal clerk or board of election commissioners shall issue a supply of absentee ballots and special certificate envelopes to the special voting deputy that is sufficient to provide for the number of valid applications that the clerk or board of election commissioners reasonably expects will be made at the satellite absentee voting station. The municipal clerk or board of election commissioners shall keep a careful record of all ballots issued to the deputy and shall require the deputy to return every ballot that he or she is issued.

SB42-ASA1,43,17 (c) Registration list. Except as provided in pars. (b) and (c), each registration list prepared for use at a satellite absentee voting station shall contain the full name and address of each registered elector; if the list is prepared for use at an election for national office, an indication next to the name of each elector for whom identification is required under s. 6.36 (2); and a form of certificate bearing the certification of the executive director of the board stating that the list is a true and complete registration list of the municipality for which the list is prepared. Identification is required if the elector is not a military elector or an overseas elector and the elector registers by mail and has not previously voted in an election for national office in this state. The names and identification serial numbers of electors who have obtained a confidential listing under s. 6.47 (2) shall appear separately after the remainder of the list. These names and serial numbers shall be arranged alphabetically by last name.

SB42-ASA1,43,19 (4) Absentee voting procedure. (a) Registration. A qualified elector may register under s. 6.285 (2) at the satellite absentee voting station.

SB42-ASA1,43,22 (b) Eligibility. Any qualified elector of the municipality that designates a satellite absentee voting station under sub. (1) may vote by absentee ballot at the voting station.

SB42-ASA1,44,5 (c) Identification. If identification is required under sub. (3) (c), the special voting deputy shall require the elector to provide identification. If identification is provided, the deputy shall verify that the name and address on the identification provided is the same as the name and address shown on the registration list or registration form submitted by the elector and shall sign the certificate envelope indicating that identification was submitted and verified. If identification is required and not provided, the deputy shall offer the opportunity for the elector to vote under s. 6.97.

SB42-ASA1,44,9 (d) Voting procedure. 1. The special voting deputy shall enter a unique voting number after the name of each elector who votes under this section on the registration list or, if the elector's name does not appear on the list, on a separate list maintained under this subsection beginning with the number one.

SB42-ASA1,44,17 2. If the registration list indicates that the elector is ineligible to vote because the elector's name appears on the current list provided by the department of corrections under s. 301.03 (20), the deputy shall inform the elector of this fact. If the elector maintains that he or she is eligible to vote in the election, the deputy shall provide the elector with a ballot and, after the elector casts his or her vote, shall challenge the ballot in the same manner as provided for inspectors making challenges under s. 6.92 and shall treat the ballot in the same manner as provided for treatment of challenged ballots by inspectors under s. 6.95.

SB42-ASA1,44,24 3. The deputy shall than personally offer a qualified elector of the municipality, served by the deputy, who makes a proper application with the deputy the opportunity to cast his or her absentee ballot. The deputy shall write on the official ballot, in the space for the official endorsement, his or her initials and official title. The elector and a witness shall then make and subscribe to the certification on the certificate envelope and the elector shall vote the ballot in the manner prescribed in s. 6.87 (4).