Amendment SA5-SSA1-SB42

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-SA5,1,1 At the locations indicated, amend the substitute amendment as follows:

SB42-SSA1-SA5,1,2 1. Page 4, line 4: after that line insert:

SB42-SSA1-SA5,1,4 " Section 1h. 5.35 (6) (a) 2. of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,1,7 5.35 (6) (a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3) (intro), (d), (f), (g), (k), (L), (o), (q), (r), (u), (v) and (x), together with the applicable penalties provided in s. 12.60 (1).".

SB42-SSA1-SA5,1,8 2. Page 4, line 8: after that line insert:

SB42-SSA1-SA5,1,10 " Section 1s. 5.35 (6) (a) 4a. of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,1,12 5.35 (6) (a) 4a. Instructions prescribed by the board for electors for whom identification is required under s. 6.36 (2) (c) 2.".

SB42-SSA1-SA5,2,1 3. Page 4, line 16: after that line insert:

SB42-SSA1-SA5,2,3 " Section 2a. 6.15 (2) (bm) of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed.".

SB42-SSA1-SA5,2,4 4. Page 5, line 2: after that line insert:

SB42-SSA1-SA5,2,6 " Section 3a. 6.15 (2) (d) 1g. of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed.".

SB42-SSA1-SA5,2,7 5. Page 5, line 14: after that line insert:

SB42-SSA1-SA5,2,9 " Section 4a. 6.15 (2) (d) 1r. of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,2,19 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card, the municipal clerk shall require the elector to provide acceptable proof of residence under s. 6.55 (7). If the elector cannot provide acceptable proof of residence, the elector may have his or her residence corroborated in a statement that is signed by another elector of the municipality and that contains the current street address of the corroborating elector. If the residence is corroborated by another elector, that elector shall then provide proof of residence under s. 6.55 (7). The elector shall then mark the ballot in the clerk's presence in a manner that will not disclose his or her vote. The elector shall then fold the ballot so as to conceal his or her vote. The clerk or elector shall then place the ballot in an envelope furnished by the clerk.".

SB42-SSA1-SA5,2,20 6. Page 6, line 7: after that line insert:

SB42-SSA1-SA5,2,22 " Section 5a. 6.15 (3) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,3,15 6.15 (3) Procedure at polling place. An eligible elector may appear at the polling place for the ward or election district where he or she resides and make application for a ballot under sub. (2). Except as otherwise provided in this subsection, an elector who casts a ballot under this subsection shall follow the same procedure required for casting a ballot at the municipal clerk's office under sub. (2). The inspectors shall perform the duties of the municipal clerk, except that the inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon proper completion of the application and cancellation card and submittal of acceptable proof of residence under s. 6.55 (7) or providing corroboration of residence, the inspectors shall permit the elector to cast his or her ballot for president and vice president. The elector shall mark the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and deposit the ballot into the ballot box or give it to the inspector. The inspector shall deposit it directly into the ballot box. Voting machines or ballots utilized with electronic voting systems may only be used by electors voting under this section if they permit voting for president and vice president only.".

SB42-SSA1-SA5,3,16 7. Page 6, line 11: after that line insert:

SB42-SSA1-SA5,3,18 " Section 6a. 6.22 (2) (b) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,3,21 6.22 (2) (b) Notwithstanding s. 6.87 (4), a military elector shall make and subscribe to the certification under s. 6.87 (2) before a witness who is an adult U.S. citizen.".

SB42-SSA1-SA5,3,22 8. Page 6, line 20: after that line insert:

SB42-SSA1-SA5,3,24 " Section 7a. 6.24 (4) (d) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,4,8 6.24 (4) (d) An overseas elector who is not registered may request both a registration form and an absentee ballot at the same time, and the municipal clerk shall send the ballot automatically if the registration form is received within the time prescribed in s. 6.28 (1). The board shall prescribe a special certificate form for the envelope in which the absentee ballot for overseas electors is contained, which shall be substantially similar to that provided under s. 6.87 (2). Notwithstanding s. 6.87 (4), an overseas elector shall make and subscribe to the special certificate form before a witness who is an adult U.S. citizen.".

SB42-SSA1-SA5,4,9 9. Page 7, line 2: after that line insert:

SB42-SSA1-SA5,4,11 " Section 8a. 6.29 (1) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,4,16 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), 6.55 (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-SSA1-SA5,4,17 10. Page 7, line 17: after that line insert:

SB42-SSA1-SA5,4,19 " Section 8h. 6.29 (2) (a) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,5,9 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 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-SSA1-SA5,5,10 11. Page 7, line 23: after that line insert:

SB42-SSA1-SA5,5,12 " Section 8s. 6.33 (2) (b) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,5,17 6.33 (2) (b) Except as provided in s. 6.86 (3) (a) 2., the registration form shall be signed by the registering elector and any corroborating elector under s. 6.29 (2) (a) or 6.55 (2) before the clerk, issuing officer or registration deputy. The form shall contain a certification by the registering elector that all statements are true and correct.".

SB42-SSA1-SA5,5,18 12. Page 8, line 16: after that line insert:

SB42-SSA1-SA5,5,20 " Section 9a. 6.55 (2) (b) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,6,7 6.55 (2) (b) Upon executing the registration form under par. (a), the elector shall provide acceptable proof of residence under sub. (7). If the elector cannot provide acceptable proof of residence, the information contained in the registration form shall be corroborated in a statement that is signed by any elector who resides in the same municipality as the registering elector 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). The signing by the elector executing the registration form and by any corroborator shall be in the presence of the special registration deputy or inspector. Upon compliance with this procedure, the elector shall be permitted to cast his or her vote, if the elector complies with all other requirements for voting at the polling place.".

SB42-SSA1-SA5,6,8 13. Page 9, line 17: after that line insert:

SB42-SSA1-SA5,6,10 " Section 10a. 6.55 (2) (c) 1. of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,7,6 6.55 (2) (c) 1. As an alternative to registration at the polling place under pars. (a) and (b), the board of election commissioners, or the governing body of any municipality may by resolution require a person who qualifies as an elector and who is not registered and desires to register on the day of an election to do so at another readily accessible location in the same building as the polling place serving the elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b), instead of at the polling place serving the elector's residence. In such case, the municipal clerk shall prominently post a notice of the registration location at the polling place. The municipal clerk, deputy clerk or special registration deputy at the registration location shall require such person to execute a registration form as prescribed under par. (a) and to provide acceptable proof of residence as provided under sub. (7). If the elector cannot provide acceptable proof of residence, the information contained in the registration form shall be corroborated in the manner provided in par. (b). The signing by the elector executing the registration form and by any corroborator shall be in the presence of the municipal clerk, deputy clerk, or special registration deputy. Upon proper completion of registration, the municipal clerk, deputy clerk or special registration deputy shall serially number the registration and give one copy to the elector for presentation at the polling place serving the elector's residence or an alternate polling place assigned under s. 5.25 (5) (b).".

SB42-SSA1-SA5,7,7 14. Page 10, line 2: after that line insert:

SB42-SSA1-SA5,7,9 " Section 11a. 6.55 (2) (c) 2. of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,7,18 6.55 (2) (c) 2. Upon compliance with the procedures under subd. 1., the municipal clerk or deputy clerk shall issue a certificate addressed to the inspectors of the proper polling place directing that the elector be permitted to cast his or her vote if the elector complies with all requirements for voting at the polling place. The clerk shall enter the name and address of the elector on the face of the certificate. If the elector's registration is corroborated, the clerk shall also enter the name and address of the corroborator on the face of the certificate. The certificate shall be numbered serially and prepared in duplicate. The municipal clerk shall preserve one copy in his or her office.".

SB42-SSA1-SA5,7,19 15. Page 11, line 4: after that line insert:

SB42-SSA1-SA5,7,21 " Section 12a. 6.55 (3) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,8,19 6.55 (3) 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-SSA1-SA5,8,20 16. Page 11, line 5: after that line insert:

SB42-SSA1-SA5,8,21 " Section 13a. 6.56 (5) of the statutes is created to read:

SB42-SSA1-SA5,9,4 6.56 (5) Whenever any letter or postcard mailed under this section is returned undelivered, or whenever the U.S. postal service notifies the clerk of an improper address which was apparently improper on the day of the election or whenever it otherwise appears that a person has voted who is not qualified or has voted more than once in an election, and the person has been permitted to vote after corroboration was made under s. 6.55 (2) or (3) or 6.86 (3) (a) 2., the name of the corroborator shall also be provided to the district attorney.".

SB42-SSA1-SA5,9,5 17. Page 11, line 25: after that line insert:

SB42-SSA1-SA5,9,7 " Section 14a. 6.79 (2) (a) and (d) of the statutes, as affected by 2005 Wisconsin Act .... (this act), are repealed and recreated to read:

SB42-SSA1-SA5,9,14 6.79 (2) Voting procedure. (a) Unless information on the poll list is entered electronically, the municipal clerk shall supply the inspectors with 2 copies of the most current official registration list or lists prepared under s. 6.36 (2) (a) for use as poll lists at the polling place. Except as provided in sub. (6), each person, before receiving a serial number, shall state his or her full name and address. The officials shall verify that the name and address provided by the person are the same as the person's name and address on the poll list.

SB42-SSA1-SA5,9,20 (d) If the poll list indicates that identification is required, the officials shall require the elector to provide identification. If identification is provided, the officials shall verify that the name and address on the identification provided is the same as the name and address shown on the registration list. If identification is required and not provided, the officials shall offer the opportunity for the elector to vote under s. 6.97.".

SB42-SSA1-SA5,9,21 18. Page 12, line 3: after that line insert:

SB42-SSA1-SA5,9,23 " Section 15a. 6.79 (3) (title) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,9,24 6.79 (3) (title) Refusal to give name and address.".

SB42-SSA1-SA5,10,1 19. Page 12, line 4: after that line insert:

SB42-SSA1-SA5,10,3 " Section 16a. 6.79 (3) (a) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is renumbered 6.79 (3).".

SB42-SSA1-SA5,10,4 20. Page 12, line 11: after that line insert:

SB42-SSA1-SA5,10,6 " Section 17a. 6.79 (3) (b) of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed.".

SB42-SSA1-SA5,10,7 21. Page 13, line 2: after that line insert:

SB42-SSA1-SA5,10,9 " Section 18a. 6.79 (4) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,10,23 6.79 (4) Supplemental information. When any elector provides acceptable proof of residence under s. 6.15, 6.29 or 6.55 (2) or (3), the election officials shall enter the type of identifying document provided on the poll list, or separate list maintained under sub. (2) (c). If the document submitted as proof of identity or residence includes a number which applies only to the individual holding that document, the election officials shall also enter that number on the list. When any elector corroborates the registration identity or residence of any person offering to vote under s. 6.55 (2) (b) or (c) or (3), or the registration identity or residence of any person registering on election day under s. 6.86 (3) (a) 2., the election officials shall also enter the name and address of the corroborator next to the name of the elector whose information is being corroborated on the poll list, or the separate list maintained under sub. (2) (c). When any person offering to vote has been challenged and taken the oath, following the person's name on the poll list, the officials shall enter the word "Sworn".".

SB42-SSA1-SA5,10,24 22. Page 13, line 11: after that line insert:

SB42-SSA1-SA5,11,2 " Section 19a. 6.79 (6) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,11,9 6.79 (6) Confidential names and addresses. An elector who has a confidential listing under s. 6.47 (2) may present his or her identification card issued under s. 6.47 (3), or give his or her name and identification serial number issued under s. 6.47 (3), in lieu of stating his or her name and address under sub. (2). If the elector's name and identification serial number appear on the confidential portion of the list, the inspectors shall issue a voting serial number to the elector, record that number on the poll list and permit the elector to vote.".

SB42-SSA1-SA5,11,10 23. Page 13, line 19: after that line insert:

SB42-SSA1-SA5,11,12 " Section 20a. 6.79 (7) of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed.".

SB42-SSA1-SA5,11,13 24. Page 14, line 18: after that line insert:

SB42-SSA1-SA5,11,15 " Section 21a. 6.82 (1) (a) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,12,10 6.82 (1) (a) When any inspectors are informed that an elector is at the entrance to the polling place who as a result of disability is unable to enter the polling place, they shall permit the elector to be assisted in marking a ballot by any individual selected by the elector, except the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector. The individual selected by the elector shall provide identification for the assisted elector, whenever required, and all other information necessary for the elector to obtain a ballot under s. 6.79 (2). The inspectors shall issue a ballot to the individual selected by the elector and shall accompany the individual to the polling place entrance where the assistance is to be given. If the ballot is a paper ballot, the assisting individual shall fold the ballot after the ballot is marked by the assisting individual. The assisting individual shall then immediately take the ballot into the polling place and give the ballot to an inspector. The inspector shall distinctly announce that he or she has "a ballot offered by .... (stating person's name), an elector who, as a result of disability, is unable to enter the polling place without assistance". The inspector shall then ask, "Does anyone object to the reception of this ballot?" If no objection is made, the inspectors shall record the elector's name under s. 6.79 and deposit the ballot in the ballot box, and shall make a notation on the poll list: "Ballot received at poll entrance".".

SB42-SSA1-SA5,12,11 25. Page 15, line 5: after that line insert:

SB42-SSA1-SA5,12,13 " Section 22a. 6.86 (1) (ar) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,12,17 6.86 (1) (ar) Except as authorized in s. 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-SSA1-SA5,12,18 26. Page 15, line 17: after that line insert: