Amendment SA5-SSA1-SB42

SB42-SSA1-SA5,21,18 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, 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-SA5,21,19 39. Page 27, line 12: after that line insert:

SB42-SSA1-SA5,21,21 " Section 32a. 6.965 of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed.".

SB42-SSA1-SA5,21,22 40. Page 29, line 13: after that line insert:

SB42-SSA1-SA5,21,24 " Section 33a. 6.97 (1) and (2) of the statutes, as affected by 2005 Wisconsin Act .... (this act), are repealed and recreated to read:

SB42-SSA1-SA5,22,25 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. 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 but did not do so. The inspectors shall notify the individual that he or she may provide identification 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-SA5,23,11 (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 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 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-SA5,23,12 41. Page 31, line 2: after that line insert:

SB42-SSA1-SA5,23,14 " Section 35a. 6.97 (3) (a) and (c) of the statutes, as created by 2005 Wisconsin Act .... (this act), are repealed.

SB42-SSA1-SA5, s. 35b Section 35b. 6.97 (3) (b) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is renumbered 6.97 (3) and amended to read:

SB42-SSA1-SA5,24,12 6.97 (3) 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-SA5,24,13 42. Page 31, line 5: after that line insert:

SB42-SSA1-SA5,24,15 " Section 36a. 7.08 (8) (title) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,24,17 7.08 (8) (title) Electors voting without identification or pursuant to court order.".

SB42-SSA1-SA5,24,18 43. Page 31, line 18: after that line insert:

SB42-SSA1-SA5,24,20 " Section 37a. 10.02 (3) (a) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,25,5 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 provide identification if required by federal law. 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-SA5,25,6 44. Page 31, line 23: after that line insert:

SB42-SSA1-SA5,25,8 " Section 37h. 12.13 (2) (b) 6m. of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,25,11 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 under s. 6.875 (6) and fail to return the ballot to the issuing officer.".

SB42-SSA1-SA5,25,12 45. Page 31, line 24: after that line insert:

SB42-SSA1-SA5,25,13 " Section 37n. 12.13 (3) (v) of the statutes is created to read:

SB42-SSA1-SA5,25,16 12.13 (3) (v) Corroborate any information offered by a proposed elector for the purpose of permitting the person to register to vote or to vote, knowing such information to be false.".

SB42-SSA1-SA5,25,17 46. Page 32, line 9: after that line insert:

SB42-SSA1-SA5,25,19 " Section 37s. 12.13 (4) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,26,2 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, 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 under s. 6.875 (6) to any person other than an occupant of the home or qualified community-based residential facility or a relative of an occupant, as defined in s. 6.875 (1), who requests to be so informed.".

SB42-SSA1-SA5,26,3 47. Page 32, line 19: after that line insert:

SB42-SSA1-SA5,26,5 " Section 38a. 343.50 (3) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,26,14 343.50 (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 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-SA5,26,15 48. Page 33, line 4: after that line insert:

SB42-SSA1-SA5,26,17 " Section 39a. 343.50 (4) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,27,2 343.50 (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 department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). 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-SA5,27,3 49. Page 33, line 13: after that line insert:

SB42-SSA1-SA5,27,5 " Section 40a. 343.50 (4g) of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed.".

SB42-SSA1-SA5,27,6 50. Page 33, line 19: after that line insert:

SB42-SSA1-SA5,27,8 " Section 41a. 343.50 (5) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,27,12 343.50 (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. 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-SA5,27,13 51. Page 34, line 3: after that line insert:

SB42-SSA1-SA5,27,15 " Section 42a. 343.50 (6) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

SB42-SSA1-SA5,27,22 343.50 (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 card shall be valid for 4 years.".

SB42-SSA1-SA5,27,23 52. Page 34, line 3: after that line insert:

SB42-SSA1-SA5,27,24 " Section 42m. Nonstatutory provisions.

SB42-SSA1-SA5,28,4 (1) The legislative council staff is directed to study the implementation of this act for the 2006 spring primary and election. The legislative council staff shall report its findings and recommendations, including recommendations for any legislative changes, to the 2007 legislature when it convenes.".

SB42-SSA1-SA5,28,5 53. Page 34, line 9: delete lines 9 to 11 and substitute:

SB42-SSA1-SA5,28,7 " Section 44. Effective dates. This act takes effect on January 1, 2006, or the day after publication, whichever is later, except as follows:".

SB42-SSA1-SA5,28,8 54. Page 34, line 11: after that line insert:

SB42-SSA1-SA5,28,19 "(1m) The repeal of sections 6.15 (2) (bm) and (d) 1g., 6.79 (3) (b) and (7), 6.87 (4) (a) and (b) 2. to 5., 6.875 (1) (ap) and (asm) and (2) (d), 6.965, 6.97 (3) (a) and (c), and 343.50 (4g) of the statutes, the renumbering of section 6.79 (3) (a) of the statutes, the renumbering and amendment of sections 6.87 (4) (b) 1. and 6.97 (3) (b) of the statutes, the repeal and recreation of sections 5.35 (6) (a) 2. and 4a., 6.15 (2) (d) 1r. and (3), 6.22 (2) (b), 6.24 (4) (d), 6.29 (1) and (2) (a), 6.33 (2) (b), 6.55 (2) (b) and (c) 1. and 2. and (3), 6.79 (2) (a) and (d), (3) (title), (4), and (6), 6.82 (1) (a), 6.86 (1) (ar) and (3) (a) 1. and 2., 6.869, 6.87 (3) (d), 6.875 (title), (2) (a), (3), (4), and (6), 6.88 (3) (a), 6.97 (1) and (2), 7.08 (8) (title), 10.02 (3) (a), 12.13 (2) (b) 6m. and (4), and 343.50 (3), (4), (5), and (6) of the statutes, and the creation of sections 6.56 (5) and 12.13 (3) (v) of the statutes take effect on May 1, 2006.".

SB42-SSA1-SA5,28,20 (End)