Amendment SSA1-SB42

SB42-SSA1, s. 29c Section 29c. 6.875 (title) of the statutes is amended to read:

SB42-SSA1,20,17 6.875 (title) Absentee voting in nursing and retirement certain homes and certain community-based residential, facilities, and complexes.

SB42-SSA1, s. 29m Section 29m. 6.875 (1) (ap) and (asm) of the statutes are created to read:

SB42-SSA1,20,21 6.875 (1) (ap) "Qualified adult family home" means a facility that is certified to operate as an adult family home under s. 50.032 that qualifies under sub. (2) (d) to utilize the procedures under this section.

SB42-SSA1,20,24 (asm) "Qualified residential care apartment complex" means a facility that is certified or registered to operate as a residential care apartment complex under s. 50.034 (1) that qualifies under sub. (2) (d) to utilize the procedures under this section.

SB42-SSA1, s. 29p Section 29p. 6.875 (2) (a) of the statutes is amended to read:

SB42-SSA1,21,4 6.875 (2) (a) The procedures prescribed in this section are the exclusive means of absentee voting for electors who are occupants of nursing homes, qualified community-based residential facilities or, qualified retirement homes, qualified residential care apartment complexes, and qualified adult family homes.

SB42-SSA1, s. 29r Section 29r. 6.875 (2) (d) of the statutes is created to read:

SB42-SSA1,21,16 6.875 (2) (d) The municipal clerk or board of election commissioners of any municipality where a residential care apartment complex certified or registered under s. 50.034 (1) or an adult family home certified under s. 50.032 is located may adopt the procedures under this section for absentee voting in any residential care apartment complex or adult family home located in the municipality if the municipal clerk or board of election commissioners finds that there are a significant number of the occupants of the complex or home who lack adequate transportation to the appropriate polling place, a significant number of the occupants of the complex or home may need assistance in voting, there are a significant number of the occupants of the complex or home aged 60 or over, or there are a significant number of indefinitely confined electors who are occupants of the complex or home.

SB42-SSA1, s. 29t Section 29t. 6.875 (3) and (4) of the statutes are amended to read:

SB42-SSA1,22,13 6.875 (3) An occupant of a nursing home or a qualified retirement home or, qualified community-based residential facility, qualified residential care apartment complex, or qualified adult family home who qualifies as an absent elector and desires to receive an absentee ballot shall make application under s. 6.86 (1) or (2) with the municipal clerk or board of election commissioners of the municipality in which the elector is a resident. The clerk or board of election commissioners of a municipality receiving an application from an elector who is an occupant of a nursing home or qualified retirement home or, qualified community-based residential facility, qualified residential care apartment complex, or qualified adult family home located in a different municipality shall, as soon as possible, notify and transmit an absentee ballot for the elector to the clerk or board of election commissioners of the municipality in which the home or qualified community-based residential, facility, or complex is located. The clerk or board of election commissioners of a municipality receiving an application from an elector who is an occupant of a nursing home or, qualified retirement home or, qualified community-based residential facility, qualified residential care apartment complex, or qualified adult family home located in the municipality but who is a resident of a different municipality shall, as soon as possible, notify and request transmission of an absentee ballot from the clerk or board of election commissioners of the municipality in which the elector is a resident. The clerk or board of election commissioners shall make a record of all absentee ballots to be transmitted, delivered and voted under this section.

SB42-SSA1,23,17 (4) For the purpose of absentee voting in nursing homes and, qualified retirement homes and, qualified community-based residential facilities, qualified residential care apartment complexes, and qualified adult family homes the municipal clerk or board of election commissioners of each municipality in which one or more nursing homes or, qualified retirement homes or, qualified community-based residential facilities, qualified residential care apartment complexes, and qualified adult family homes are located shall appoint at least 2 special voting deputies for the municipality. Upon application under s. 6.86 (1) or (2) by one or more qualified electors who are occupants of such a nursing home or qualified retirement home or qualified community-based residential , facility, or complex the clerk or board of election commissioners shall dispatch 2 special voting deputies to visit the home or qualified community-based residential, facility or complex for the purpose of supervising absentee voting procedure by occupants of the home or qualified community-based residential facility or complex. The 2 deputies designated to visit each nursing home or, qualified retirement home and, qualified community-based residential facility, qualified residential care apartment complex, and qualified adult family home shall be affiliated with different political parties whenever deputies representing different parties are available. Nominations for deputy positions may be submitted by the 2 recognized political parties whose candidates for governor or president received the greatest numbers of votes in the municipality at the most recent general election. The deputies shall be specially appointed to carry out duties under this section for the period specified in s. 7.30 (6) (a). The clerk or board of election commissioners may revoke an appointment at any time. No individual who is employed or retained, or within the 2 years preceding appointment has been employed or retained at a nursing home or, qualified retirement home or, qualified community-based residential facility, qualified residential care apartment complex, and qualified adult family home in the municipality, or any member of the immediate family of such an individual as defined in s. 19.42 (7), may be appointed to serve as a deputy.

SB42-SSA1, s. 30 Section 30. 6.875 (6) of the statutes is amended to read:

SB42-SSA1,25,18 6.875 (6) Special voting deputies in each municipality shall, not later than 5 p.m. on the Friday preceding an election, arrange one or more convenient times with the administrator of each nursing home, qualified retirement home, and qualified community-based residential facility, qualified residential care apartment complex, and qualified adult family home in the municipality from which one or more occupants have filed an application under s. 6.86 to conduct absentee voting for the election. The time may be no earlier than the 4th Monday preceding the election and no later than 5 p.m. on the Monday preceding the election. Upon request of a relative of an occupant of a nursing home or qualified retirement home or, qualified retirement home, qualified community-based residential facility , qualified residential care apartment complex, or qualified adult family home, the administrator may notify the relative of the time or times at which special voting deputies will conduct absentee voting at the home or, facility, or complex, and permit the relative to be present in the room where the voting is conducted. At the designated time, 2 deputies appointed under sub. (4) shall visit the home or, facility, or complex. The municipal clerk or executive director of the board of election commissioners shall issue a supply of absentee ballots to the deputies sufficient to provide for the number of valid applications received by the clerk, and a reasonable additional number of ballots. The municipal clerk or executive director shall keep a careful record of all ballots issued to the deputies and shall require the deputies to return every ballot issued to them. The deputies shall personally offer each elector who has filed a proper application the opportunity to cast his or her absentee ballot. In lieu of providing a copy of a license or identification card under s. 6.87 (4) (b) 1. with his or her absentee ballot, the elector may submit with his or her ballot a statement signed by both deputies that contains the name and address of the elector and verifies that the name and address are correct. The deputies shall enclose the statement in the certificate envelope. If an elector presents a license or identification card under s. 6.87 (4) (b) 1., the deputies shall make a copy of the document presented by the elector and shall enclose the copy in the certificate envelope. If an elector is present who has not filed a proper application, the 2 deputies may accept an application from the elector and shall issue a ballot to the elector if the elector is qualified, the elector presents a license or identification card, whenever required, or submits a statement containing his or her name and address under this subsection, and the application is proper. The deputies shall each witness the certification and may, upon request of the elector, assist the elector in marking the elector's ballot. Upon request of the elector, a relative of the elector who is present in the room may assist the elector in marking the elector's ballot. All voting shall be conducted in the presence of the deputies. No individual other than a deputy may witness the certification and no individual other than a deputy or relative of an elector may render voting assistance to the elector. Upon completion of the voting, the deputies shall promptly deliver, either personally or by 1st class mail, any absentee ballot applications and the sealed certificate envelope containing each ballot to the clerk or board of election commissioners of the municipality in which the elector casting the ballot resides, within such time as will permit delivery to the polling place serving the elector's residence on election day. Personal delivery may be made by the deputies no later than noon on election day. If a qualified elector is not able to cast his or her ballot on 2 separate visits by the deputies to the home or, facility, or complex, they shall so inform the municipal clerk or executive director of the board of election commissioners, who may then send the ballot to the elector no later than 5 p.m. on the Friday preceding the election.

SB42-SSA1, s. 31 Section 31. 6.88 (3) (a) of the statutes is amended to read:

SB42-SSA1,26,16 6.88 (3) (a) Any time between the opening and closing of the polls on election day, the inspectors shall open the carrier envelope only, and announce the name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47 (2). When the inspectors find that the certification has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, they shall enter an indication on the poll list next to the applicant's name indicating an absentee ballot is cast by the elector. They shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The inspectors shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If the poll list indicates that identification is required and no identification is enclosed or the name or address on the document that is provided is not the same as the name and address shown on the poll list, or if the elector is not a military elector or an overseas elector, as defined in s. 6.36 (2) (c), and the elector is required to provide a copy of a license or identification card under s. 6.86 (1) (ar) and no copy of the license or identification card is enclosed or the name on the document cannot be verified by the inspectors, the inspectors shall proceed as provided under s. 6.97 (2). The inspectors shall then deposit the ballot into the proper ballot box and enter the absent elector's name or voting number after his or her name on the poll list in the same manner as if the elector had been present and voted in person.

SB42-SSA1, s. 32 Section 32. 6.965 of the statutes is created to read:

SB42-SSA1,27,12 6.965 Voting procedure for electors presenting citation or notice in lieu of license. Whenever any elector is allowed to vote at a polling place under s. 6.79 (7) by presenting a citation or notice of intent to revoke or suspend an operator's license in lieu of an operator's license issued to the elector under ch. 343, the inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the elector corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.965." If voting machines are used in the municipality where the elector is voting, the elector's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the notation "s. 6.965" written on the back of the ballot by the inspectors before the ballot is given to the elector. If the municipal clerk receives an absentee ballot from an elector who presents a citation or notice, or copy thereof, under s. 6.87 (4) (b) 4., the clerk shall enter a notation on the certificate envelope "Ballot under s. 6.965, stats." Upon receiving the envelope, the inspectors shall open and write on the back of the ballot the serial number of the elector corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.965." The inspectors shall indicate on the poll list or other list maintained under s. 6.79 the fact that the elector is voting by using a citation or notice in lieu of a license. The inspectors shall then deposit the ballot. The ballot shall then be counted under s. 5.85 or 7.51.

SB42-SSA1, s. 33 Section 33. 6.97 (1) and (2) of the statutes are amended to read:

SB42-SSA1,28,19 6.97 (1) Whenever any individual who is required to provide identification in order to be permitted to vote appears to vote at a polling place and cannot provide the required identification, the inspectors shall offer the opportunity for the individual to vote under this section. Whenever any individual, other than a military elector or an overseas elector, as defined in s. 6.36 (2) (c), or an elector who has a confidential listing under s. 6.47 (2), appears to vote at a polling place and does not present a license or identification card under s. 6.79 (2), whenever required, the inspectors or the municipal clerk shall similarly offer the opportunity for the individual to vote under this section. If the individual wishes to vote, the inspectors shall provide the elector with an envelope marked "Ballot under s. 6.97, stats." on which the serial number of the elector is entered and shall require the individual to execute on the envelope a written affirmation stating that the individual is a qualified elector of the ward or election district where he or she offers to vote and is eligible to vote in the election. The inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". If voting machines are used in the municipality where the individual is voting, the individual's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding number from the poll list or other list maintained under s. 6.79 and the notation "s. 6.97" written on the back of the ballot by the inspectors before the ballot is given to the elector. When receiving the individual's ballot, the inspectors shall provide the individual with written voting information prescribed by the board under s. 7.08 (8). The inspectors shall indicate on the list the fact that the individual is required to provide identification or a license or identification card under s. 6.79 (2) but did not do so. The inspectors shall notify the individual that he or she may provide the identification, license, or identification card to the municipal clerk or executive director of the municipal board of election commissioners. The inspectors shall also promptly notify the municipal clerk or executive director of the name, address, and serial number of the individual. The inspectors shall then place the ballot inside the envelope and place the envelope in a separate carrier envelope.

SB42-SSA1,29,13 (2) Whenever any individual who votes by absentee ballot is required to provide identification in order to be permitted to vote and does not provide the required identification, the inspectors shall treat the ballot as a provisional ballot under this section. Whenever any individual, other than a military elector or an overseas elector, as defined in s. 6.36 (2) (c), an individual who has a confidential listing under s. 6.47 (2), or an individual who is exempted under s. 6.87 (4) or s. 6.875 (6), votes by absentee ballot and does not enclose a copy of the license or identification card required under s. 6.86 (1) (ar), the inspectors shall similarly treat the ballot as a provisional ballot under this section. Upon removing the ballot from the envelope, the inspectors shall write on the back of the absentee ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". The inspectors shall indicate on the list the fact that the individual is required to provide identification or a copy of a license or identification card under s. 6.86 (1) (ar) but did not do so. The inspectors shall promptly notify the municipal clerk or executive director of the municipal board of election commissioners of the name, address, and serial number of the individual. The inspectors shall then place the ballot inside an envelope on which the name and serial number of the elector is entered and shall place the envelope in a separate carrier envelope.

SB42-SSA1, s. 34 Section 34. 6.97 (3) of the statutes is renumbered 6.97 (3) (b) and amended to read:

SB42-SSA1,30,10 6.97 (3) (b) Whenever the municipal clerk or executive director of the municipal board of election commissioners is informed by the inspectors that a ballot has been cast under this section, the clerk or executive director shall promptly provide written notice to the board of canvassers of each municipality, special purpose district, and county that is responsible for canvassing the election of the number of ballots cast under this section in each ward or election district. The municipal clerk or executive director then shall determine whether each individual voting under this section is qualified to vote in the ward or election district where the individual's ballot is cast. If the elector is required to provide a license or identification card or copy thereof under s. 6.79 (2) or 6.86 (1) (ar) and fails to do so, the elector bears the burden of correcting the omission by providing the license or identification card or copy thereof at the polling place before the closing hour or at the office of the municipal clerk or board of election commissioners no later than 4 p.m. on the day after the election. The municipal clerk or executive director shall make a record of the procedure used to determine the validity of each ballot cast under this section. If, prior to 4 p.m. on the day after the election, the municipal clerk or executive director determines that the individual is qualified to vote in the ward or election district where the individual's ballot is cast, the municipal clerk or executive director shall notify the board of canvassers for each municipality, special purpose district and county that is responsible for canvassing the election of that fact.

SB42-SSA1, s. 35 Section 35. 6.97 (3) (a) and (c) of the statutes are created to read:

SB42-SSA1,30,21 6.97 (3) (a) Whenever an elector who votes by provisional ballot under sub. (2) because the elector does not provide a license or identification card or copy thereof under s. 6.79 (2) or 6.86 (1) (ar) later appears at the polling place where the ballot is cast before the closing hour and provides the license or identification card or copy thereof, the inspectors shall remove the elector's ballot from the separate carrier envelope, shall note on the poll list that the elector's provisional ballot is withdrawn, and shall deposit the elector's ballot in the ballot box. If the inspectors have notified the municipal clerk or executive director of the board of election commissioners that the elector's ballot was cast under this section, the inspectors shall notify the clerk or executive director that the elector's provisional ballot is withdrawn.

SB42-SSA1,31,2 (c) A ballot cast under this section by an elector for whom a valid license or identification card or copy thereof is required under s. 6.79 (2) or 6.86 (1) (ar) shall not be counted unless the municipal clerk or executive director of the board of election commissioners provides timely notification that the elector has provided a valid license or identification card or copy thereof under this section.

SB42-SSA1, s. 36 Section 36. 7.08 (8) (title) of the statutes is amended to read:

SB42-SSA1,31,5 7.08 (8) (title) Electors voting without identification proof of identity or pursuant to court order.

SB42-SSA1, s. 37 Section 37. 10.02 (3) (a) of the statutes is amended to read:

SB42-SSA1,31,18 10.02 (3) (a) Upon entering the polling place and before being permitted to vote, an elector shall state his or her name and address and , shall provide identification if required by federal law, and shall present a valid Wisconsin operator's license, a valid, current identification card issued to the elector by a U.S. uniformed service, or a Wisconsin identification card unless the elector is exempted from this requirement. Where ballots are distributed to electors, the initials of 2 inspectors must appear on the ballot. Upon being permitted to vote, the elector shall retire alone to a voting booth or machine and cast his or her ballot, except that an elector who is a parent or guardian may be accompanied by the elector's minor child or minor ward. An election official may inform the elector of the proper manner for casting a vote, but the official may not in any manner advise or indicate a particular voting choice.

SB42-SSA1, s. 37g Section 37g. 12.13 (2) (b) 6m. of the statutes is amended to read:

SB42-SSA1,31,23 12.13 (2) (b) 6m. Obtain an absentee ballot for voting in a nursing home or qualified retirement home or, qualified community-based residential facility, qualified residential care apartment complex, or adult family home under s. 6.875 (6) and fail to return the ballot to the issuing officer.

SB42-SSA1, s. 37m Section 37m. 12.13 (3) (v) of the statutes is repealed.

SB42-SSA1, s. 37r Section 37r. 12.13 (4) of the statutes is amended to read:

SB42-SSA1,32,9 12.13 (4) Nursing and retirement home and community-based residential facility voting. No employee of a nursing home or qualified retirement home or qualified community-based residential facility, qualified residential care apartment complex, or adult family home as defined in s. 6.875 (1) (as), may disclose the designated time arranged for absentee voting by occupants of the home or community-based residential, facility , or complex under s. 6.875 (6) to any person other than an occupant of the home or qualified community-based residential facility, or complex or a relative of an occupant, as defined in s. 6.875 (1), who requests to be so informed.

SB42-SSA1, s. 38 Section 38. 343.50 (3) of the statutes is amended to read:

SB42-SSA1,32,19 343.50 (3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY". The information on the card shall be the same as specified under s. 343.17 (3). The card may serve as a document of gift under s. 157.06 (2) (b) and (c) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a document of refusal to make an anatomical gift under s. 157.06 (2) (i). The Except as provided in sub. (4g), the card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.

SB42-SSA1, s. 39 Section 39. 343.50 (4) of the statutes is amended to read:

SB42-SSA1,33,4 343.50 (4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), and (em), and such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card. The Except as provided in sub.(4g), the department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No Except as provided in sub.(4g), no application may be processed without the photograph being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).

SB42-SSA1, s. 40 Section 40. 343.50 (4g) of the statutes is created to read:

SB42-SSA1,33,13 343.50 (4g) Photograph requirement; exception. An application may be processed and an original or renewal identification card issued under this section without a photograph being taken to comply with subs. (3) and (4) to an applicant who requests the identification card without charge under sub. (5) or (6) and who provides to the department an affidavit stating that the applicant has a sincerely held religious belief against being photographed; identifying the religion to which he or she belongs or the tenets of which he or she adheres to; and stating that the tenets of the religion prohibit him or her from being photographed.

SB42-SSA1, s. 41 Section 41. 343.50 (5) of the statutes is amended to read:

SB42-SSA1,33,19 343.50 (5) Valid period; fees. The fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $9 or, upon request of the applicant, without charge. The card shall be valid for the succeeding period of 4 years from the applicant's next birthday after the date of issuance.

SB42-SSA1, s. 42 Section 42. 343.50 (6) of the statutes is amended to read:

SB42-SSA1,34,3 343.50 (6) Renewal. At least 30 days prior to the expiration of the card, the department shall mail a renewal application to the last-known address of each identification card holder. The department shall include with the application information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s. 343.175. The fee for a renewal identification card shall be $9, which or, upon request of the identification card holder, without charge. The renewal identification card shall be valid for 4 years.

SB42-SSA1, s. 43 Section 43. Initial applicability.

SB42-SSA1,34,8 (1) The treatment of sections 6.55 (2) (b) and (c) 1. and 2. and (3), 6.79 (2) (a) and (d), (4), and (6), and 6.86 (3) (a) 1. and 2. of the statutes, the renumbering and amendment of section 6.87 (4) of the statutes, and the creation of section 6.87 (4) (b) 2. to 5. of the statutes first apply with respect to the 2006 spring primary election.

SB42-SSA1, s. 44 Section 44. Effective date.

SB42-SSA1,34,11 (1) This act takes effect on January 1, 2006, or the day after publication, whichever is later.

SB42-SSA1,34,12 (End)