LRBa0433/1
JTK:wlj:jf/ch/pg
2005 - 2006 LEGISLATURE
SENATE AMENDMENT 5,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE BILL 42
April 13, 2005 - Offered by Senator Carpenter.
SB42-SSA1-SA5,1,4
3"
Section 1h. 5.35 (6) (a) 2. of the statutes, as affected by 2005 Wisconsin Act
4.... (this act), is repealed and recreated to read:
SB42-SSA1-SA5,1,75
5.35
(6) (a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3)
6(intro), (d), (f), (g), (k), (L), (o), (q), (r), (u), (v) and (x), together with the applicable
7penalties provided in s. 12.60 (1).".
SB42-SSA1-SA5,1,10
9"
Section 1s. 5.35 (6) (a) 4a. of the statutes, as affected by 2005 Wisconsin Act
10.... (this act), is repealed and recreated to read:
SB42-SSA1-SA5,1,1211
5.35
(6) (a) 4a. Instructions prescribed by the board for electors for whom
12identification is required under s. 6.36 (2) (c) 2.".
SB42-SSA1-SA5,2,3
2"
Section 2a. 6.15 (2) (bm) of the statutes, as created by 2005 Wisconsin Act ....
3(this act), is repealed.".
SB42-SSA1-SA5,2,6
5"
Section 3a. 6.15 (2) (d) 1g. of the statutes, as created by 2005 Wisconsin Act
6.... (this act), is repealed.".
SB42-SSA1-SA5,2,9
8"
Section 4a. 6.15 (2) (d) 1r. of the statutes, as affected by 2005 Wisconsin Act
9.... (this act), is repealed and recreated to read:
SB42-SSA1-SA5,2,1910
6.15
(2) (d) 1r. Upon proper completion of the application and cancellation card,
11the municipal clerk shall require the elector to provide acceptable proof of residence
12under s. 6.55 (7). If the elector cannot provide acceptable proof of residence, the
13elector may have his or her residence corroborated in a statement that is signed by
14another elector of the municipality and that contains the current street address of
15the corroborating elector. If the residence is corroborated by another elector, that
16elector shall then provide proof of residence under s. 6.55 (7). The elector shall then
17mark the ballot in the clerk's presence in a manner that will not disclose his or her
18vote. The elector shall then fold the ballot so as to conceal his or her vote. The clerk
19or elector shall then place the ballot in an envelope furnished by the clerk.".
SB42-SSA1-SA5,2,22
21"
Section 5a. 6.15 (3) of the statutes, as affected by 2005 Wisconsin Act .... (this
22act), is repealed and recreated to read:
SB42-SSA1-SA5,3,1523
6.15
(3) Procedure at polling place. An eligible elector may appear at the
24polling place for the ward or election district where he or she resides and make
1application for a ballot under sub. (2). Except as otherwise provided in this
2subsection, an elector who casts a ballot under this subsection shall follow the same
3procedure required for casting a ballot at the municipal clerk's office under sub. (2).
4The inspectors shall perform the duties of the municipal clerk, except that the
5inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk
6and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon
7proper completion of the application and cancellation card and submittal of
8acceptable proof of residence under s. 6.55 (7) or providing corroboration of residence,
9the inspectors shall permit the elector to cast his or her ballot for president and vice
10president. The elector shall mark the ballot and, unless the ballot is utilized with
11an electronic voting system, the elector shall fold the ballot, and deposit the ballot
12into the ballot box or give it to the inspector. The inspector shall deposit it directly
13into the ballot box. Voting machines or ballots utilized with electronic voting systems
14may only be used by electors voting under this section if they permit voting for
15president and vice president only.".
SB42-SSA1-SA5,3,18
17"
Section 6a. 6.22 (2) (b) of the statutes, as affected by 2005 Wisconsin Act ....
18(this act), is repealed and recreated to read:
SB42-SSA1-SA5,3,2119
6.22
(2) (b) Notwithstanding s. 6.87 (4), a military elector shall make and
20subscribe to the certification under s. 6.87 (2) before a witness who is an adult U.S.
21citizen.".
SB42-SSA1-SA5,3,24
23"
Section 7a. 6.24 (4) (d) of the statutes, as affected by 2005 Wisconsin Act ....
24(this act), is repealed and recreated to read:
SB42-SSA1-SA5,4,8
16.24
(4) (d) An overseas elector who is not registered may request both a
2registration form and an absentee ballot at the same time, and the municipal clerk
3shall send the ballot automatically if the registration form is received within the time
4prescribed in s. 6.28 (1). The board shall prescribe a special certificate form for the
5envelope in which the absentee ballot for overseas electors is contained, which shall
6be substantially similar to that provided under s. 6.87 (2). Notwithstanding s. 6.87
7(4), an overseas elector shall make and subscribe to the special certificate form before
8a witness who is an adult U.S. citizen.".
SB42-SSA1-SA5,4,11
10"
Section 8a. 6.29 (1) of the statutes, as affected by 2005 Wisconsin Act .... (this
11act), is repealed and recreated to read:
SB42-SSA1-SA5,4,1612
6.29
(1) No names may be added to a registration list for any election after the
13close of registration, except as authorized under this section or s. 6.28 (1), 6.55 (2),
14or 6.86 (3) (a) 2. Any person whose name is not on the registration list but who is
15otherwise a qualified elector is entitled to vote at the election upon compliance with
16this section.".
SB42-SSA1-SA5,4,19
18"
Section 8h. 6.29 (2) (a) of the statutes, as affected by 2005 Wisconsin Act ....
19(this act), is repealed and recreated to read:
SB42-SSA1-SA5,5,920
6.29
(2) (a) Any qualified elector of a municipality who has not previously filed
21a registration form or whose name does not appear on the registration list of the
22municipality may register after the close of registration but not later than 5 p.m. or
23the close of business, whichever is later, on the day before an election at the office of
24the municipal clerk and at the office of the clerk's agent if the clerk delegates
1responsibility for electronic maintenance of the registration list to an agent under
2s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2),
3a registration form containing all information required under s. 6.33 (1). The elector
4shall also provide acceptable proof of residence under s. 6.55 (7). Alternatively, if the
5elector is unable to provide acceptable proof of residence under s. 6.55 (7), the
6information contained in the registration form shall be corroborated in a statement
7that is signed by any other elector of the municipality and that contains the current
8street address of the corroborating elector. The corroborating elector shall then
9provide acceptable proof of residence under s. 6.55 (7).".
SB42-SSA1-SA5,5,12
11"
Section 8s. 6.33 (2) (b) of the statutes, as affected by 2005 Wisconsin Act ....
12(this act), is repealed and recreated to read:
SB42-SSA1-SA5,5,1713
6.33
(2) (b) Except as provided in s. 6.86 (3) (a) 2., the registration form shall
14be signed by the registering elector and any corroborating elector under s. 6.29 (2)
15(a) or 6.55 (2) before the clerk, issuing officer or registration deputy. The form shall
16contain a certification by the registering elector that all statements are true and
17correct.".
SB42-SSA1-SA5,5,20
19"
Section 9a. 6.55 (2) (b) of the statutes, as affected by 2005 Wisconsin Act ....
20(this act), is repealed and recreated to read:
SB42-SSA1-SA5,6,721
6.55
(2) (b) Upon executing the registration form under par. (a), the elector
22shall provide acceptable proof of residence under sub. (7). If the elector cannot
23provide acceptable proof of residence, the information contained in the registration
24form shall be corroborated in a statement that is signed by any elector who resides
1in the same municipality as the registering elector and that contains the current
2street address of the corroborating elector. The corroborator shall then provide
3acceptable proof of residence as provided in sub. (7). The signing by the elector
4executing the registration form and by any corroborator shall be in the presence of
5the special registration deputy or inspector. Upon compliance with this procedure,
6the elector shall be permitted to cast his or her vote, if the elector complies with all
7other requirements for voting at the polling place.".
SB42-SSA1-SA5,6,10
9"
Section 10a. 6.55 (2) (c) 1. of the statutes, as affected by 2005 Wisconsin Act
10.... (this act), is repealed and recreated to read:
SB42-SSA1-SA5,7,611
6.55
(2) (c) 1. As an alternative to registration at the polling place under pars.
12(a) and (b), the board of election commissioners, or the governing body of any
13municipality may by resolution require a person who qualifies as an elector and who
14is not registered and desires to register on the day of an election to do so at another
15readily accessible location in the same building as the polling place serving the
16elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b),
17instead of at the polling place serving the elector's residence. In such case, the
18municipal clerk shall prominently post a notice of the registration location at the
19polling place. The municipal clerk, deputy clerk or special registration deputy at the
20registration location shall require such person to execute a registration form as
21prescribed under par. (a) and to provide acceptable proof of residence as provided
22under sub. (7). If the elector cannot provide acceptable proof of residence, the
23information contained in the registration form shall be corroborated in the manner
24provided in par. (b). The signing by the elector executing the registration form and
1by any corroborator shall be in the presence of the municipal clerk, deputy clerk, or
2special registration deputy. Upon proper completion of registration, the municipal
3clerk, deputy clerk or special registration deputy shall serially number the
4registration and give one copy to the elector for presentation at the polling place
5serving the elector's residence or an alternate polling place assigned under s. 5.25
6(5) (b).".
SB42-SSA1-SA5,7,9
8"
Section 11a. 6.55 (2) (c) 2. of the statutes, as affected by 2005 Wisconsin Act
9.... (this act), is repealed and recreated to read:
SB42-SSA1-SA5,7,1810
6.55
(2) (c) 2. Upon compliance with the procedures under subd. 1., the
11municipal clerk or deputy clerk shall issue a certificate addressed to the inspectors
12of the proper polling place directing that the elector be permitted to cast his or her
13vote if the elector complies with all requirements for voting at the polling place. The
14clerk shall enter the name and address of the elector on the face of the certificate.
15If the elector's registration is corroborated, the clerk shall also enter the name and
16address of the corroborator on the face of the certificate. The certificate shall be
17numbered serially and prepared in duplicate. The municipal clerk shall preserve one
18copy in his or her office.".
SB42-SSA1-SA5,7,21
20"
Section 12a. 6.55 (3) of the statutes, as affected by 2005 Wisconsin Act ....
21(this act), is repealed and recreated to read:
SB42-SSA1-SA5,8,1922
6.55
(3) Any qualified elector in the ward or election district where the elector
23desires to vote whose name does not appear on the registration list but who claims
24to be registered to vote in the election may request permission to vote at the polling
1place for that ward or election district. When the request is made, the inspector shall
2require the person to give his or her name and address. If the elector is not at the
3polling place which serves the ward or election district where the elector resides, the
4inspector shall provide the elector with directions to the correct polling place. If the
5elector is at the correct polling place, the elector shall then execute the following
6written statement: "I, ...., hereby certify that to the best of my knowledge, I am a
7qualified elector, having resided at .... for at least 10 days immediately preceding this
8election, and that I am not disqualified on any ground from voting, and I have not
9voted at this election and am properly registered to vote in this election." The person
10shall be required to provide acceptable proof of residence as provided under sub. (7)
11and shall then be given the right to vote. If the elector cannot provide acceptable
12proof of residence, the statement shall be certified by the elector and shall be
13corroborated in a statement that is signed by any other elector who resides in the
14municipality and that contains the current street address of the corroborating
15elector. The corroborator shall then provide acceptable proof of residence as provided
16in sub. (7). Whenever the question of identity or residence cannot be satisfactorily
17resolved and the elector cannot be permitted to vote, an inspector shall telephone the
18office of the municipal clerk to reconcile the records at the polling place with those
19at the office.".
