Amendment AA3-SB612

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2005 - 2006 LEGISLATURE

ASSEMBLY AMENDMENT 3, TO 2005 SENATE BILL 612

March 30, 2006 - Offered by Committee on Campaigns and Elections.

SB612-AA3,1,1 At the locations indicated, amend the bill as follows:

SB612-AA3,1,2 1. Page 22, line 17: after that line insert:

SB612-AA3,1,3 " Section 12m. 6.22 (1) (intro.) of the statutes is amended to read:

SB612-AA3,1,4 6.22 (1) Definitions. (intro.) In this section, except as otherwise provided:".

SB612-AA3,1,5 2. Page 23, line 8: delete " unless s. 6.87 (3) (d) applies".

SB612-AA3,1,7 3. Page 23, line 16: delete the material beginning with "Each" and ending with "day"." on line 18.

SB612-AA3,1,8 4. Page 25, line 10: after "Except as" insert "provided in s. 6.221 and as".

SB612-AA3,1,9 5. Page 25, line 10: delete "sub. (5m) and".

SB612-AA3,1,11 6. Page 25, line 16: delete the material beginning with that line and ending with page 27, line 12, and substitute:

SB612-AA3,1,12 " Section 18g. 6.22 (6) of the statutes is amended to read:

SB612-AA3,2,12 6.22 (6) Military elector list. Each municipal clerk shall keep an up-to-date list of all eligible local military electors who reside in the municipality; city clerks shall keep the lists by wards. The list shall contain the name, latest-known military residence and military mailing address of each military elector. The list shall indicate whether each elector whose name appears on the list is a military elector, as defined in s. 6.36 (2) (c), and has so certified under s. 6.865 (3m). All persons over 18 years of age or who will be 18 years old prior to an election shall be listed and remain on the list for the duration of their tour of duty. The list shall be kept current through all possible means. Each clerk shall exercise reasonable care to avoid duplication of names or listing anyone who is not eligible to vote. Each clerk shall distribute 2 copies of the list to the appropriate ward in the municipality for use on election day.

SB612-AA3, s. 18r Section 18r. 6.221 of the statutes is created to read:

SB612-AA3,2,17 6.221 Counting of absentee ballots for certain military electors; September primary and general election. (1) In this section, "military elector" has the meaning given in s. 6.36 (2) (c) and active duty status for any election is determined as of election day.

SB612-AA3,2,20 (2) Each certificate envelope that is mailed or transmitted to a military elector under this section shall be clearly labeled as "Cast by a military elector under s. 6.221, Wis. Stats., and may be eligible to be counted after election day."

SB612-AA3,2,25 (3) (a) At the September primary, a ballot that is cast under s. 6.22 by an elector who is a military elector, that is received by mail from the U. S. postal service, and that is postmarked no later than election day shall be counted as provided in this section if it is received by a municipal clerk no later than 5 p.m. on the 7th day after the election.

SB612-AA3,3,5 (b) At the general election, a ballot that is cast under s. 6.22 by an elector who is a military elector, that is received by mail from the U.S. postal service, and that is postmarked no later than election day shall be counted as provided in this section if it is received by a municipal clerk no later than 5 p.m. on the 10th day after the election.

SB612-AA3,3,11 (4) For purposes of sub. (3), if a certificate envelope is not postmarked or has a postmark that is not legible to the board of canvassers, and the envelope was received by mail from the U.S. postal service in the manner and within the period prescribed in sub. (3), it is presumed that the envelope was placed in the mail on or before election day, unless established by a preponderance of the evidence to the contrary.

SB612-AA3,3,19 (5) No later than the closing hour of the polls on the day of the September primary and the day of the general election, the municipal clerk of each municipality shall post at his or her office and on the Internet at a site announced by the clerk before the polls open, and shall make available to any person upon request, a statement of the number of absentee ballots that the clerk has mailed or transmitted to military electors under this section and that have not been returned to the polling places where the electors reside by the closing hour on election day. The posting shall not include the names or addresses of any military electors.

SB612-AA3,4,2 (6) (a) Whenever the municipal clerk of any municipality receives an absentee ballot cast by an elector who is a military elector under this section and the ballot is not received in sufficient time for delivery to the polling place serving the residence of the elector on election day but is received within the time specified in sub. (3), the clerk 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 such ballots that have been cast received by the clerk in each ward or election district.

SB612-AA3,4,12 (b) Whenever a board of canvassers receives notification from a municipal clerk under par. (a), the board of canvassers shall reconvene no later than 9 a.m. on the day after the last day permitted for acceptance of absentee ballots under sub. (3) and shall proceed to open and record the names of the military electors whose ballots have been received. If the ballot cast by a military elector is otherwise valid, the board of canvassers shall count the ballot and adjust the statements, certifications, and determinations accordingly. If the municipal clerk transmits returns of the election to the county clerk, the municipal clerk shall transmit to the county clerk a copy of the amended returns together with all additional ballots and envelopes reviewed by the board of canvassers and with amended tally sheets.".

SB612-AA3,4,14 7. Page 28, line 14: delete the material beginning with that line and ending with page 29, line 17.

SB612-AA3,4,17 8. Page 39, line 12: after "votes," insert "an indication of whether the elector is a military elector, as defined in sub. (2) (c), who has so certified under s. 6.865 (3m),".

SB612-AA3,4,22 9. Page 52, line 21: after "election." insert "If the elector is making written application for an absentee ballot at the September primary or general election and the application indicates that the elector is a military elector, as defined in s. 6.36 (2) (c), the application shall be received by the municipal clerk no later than 5 p.m. on election day.".

SB612-AA3,4,24 10. Page 55, line 7: delete the material beginning with "6.865" and ending with "or" on line 8 and substitute:

SB612-AA3,5,2 "6.865 (3) If Except as provided in sub. (3m), if the elector making a timely request for an absentee ballot is a military elector or".

SB612-AA3,5,3 11. Page 55, line 18: delete lines 18 to 21 and substitute:

SB612-AA3,5,4 " Section 78a. 6.865 (3m) of the statutes is created to read:

SB612-AA3,5,15 6.865 (3m) (a) Except as provided in par. (c), if any elector who certifies that he or she will be a military elector on election day requests an absentee ballot, the municipal clerk shall send or transmit to the elector an absentee ballot for all elections that occur in the municipality or portion thereof where the elector resides beginning on the date that the clerk receives the request and ending on the day after the 3rd successive general election that follows receipt of the request, unless the elector otherwise requests. In addition, the municipal clerk shall continue to send or transmit to the elector an absentee ballot for all elections ending on the day after the 3rd successive general election that follows any election at which the elector returns an absentee ballot under this section or renews his or her request under par. (c).

SB612-AA3,5,21 (b) A military elector may indicate an alternate address on his or her absentee ballot application. If the elector's ballot is returned as undeliverable prior to the deadline for receipt and return of absentee ballots under sub. (3) and the elector remains eligible to receive absentee ballots under this subsection, the municipal clerk shall immediately send or transmit an absentee ballot to the elector at the alternate address.

SB612-AA3,6,19 (c) If there occur 3 successive general elections at which a military elector fails to return an absentee ballot sent or transmitted to the elector under this subsection and the elector has not cast an absentee ballot at any intervening election, if the clerk is reliably informed that the elector is no longer a military elector or no longer resides in the municipality, or if the elector so requests, the clerk shall discontinue sending or transmitting absentee ballots to the elector under this subsection. If a military elector is subject to a registration requirement and the name of the military elector no longer appears on the registration list, the municipal clerk shall discontinue sending or transmitting absentee ballots to the elector under this subsection. If a military elector who has requested an absentee ballot changes his or her residence from the municipality where a request is filed to another municipality in this state, the municipal clerk of the municipality who received the request shall notify the clerk of the municipality to which the elector's residence is changed of the date of the request or latest renewal and the date of the most recent absentee ballot returned by the elector, and the municipal clerk who is so notified shall treat the request as having been made to him or her. Prior to any discontinuance of the service provided to a military elector under this subsection solely for failure to return absentee ballots, the municipal clerk shall mail the elector a 1st class letter or postcard notifying the elector that absentee ballots will no longer be sent to the elector unless the elector renews his or her request within 30 days of the date of the notification. The clerk shall notify a military elector of any action under this paragraph that is not taken at the elector's request within 5 days of taking that action, if possible.".

SB612-AA3,6,20 12. Page 60, line 7: delete "6.22 (5m)" and substitute "6.221 (3)".

SB612-AA3,6,21 13. Page 60, line 13: delete "6.22 (5m), any" and substitute "6.221 (3), the".

SB612-AA3,6,22 14. Page 89, line 9: delete "by 2 4" and substitute " by 2 no later than 4".

SB612-AA3,6,24 15. Page 89, line 11: after "election" insert ", and no later than 4 p.m. on the day after receiving any corrected returns under s. 6.221 (6) (b)".

SB612-AA3,7,1 16. Page 103, line 10: after that line insert:

SB612-AA3,7,2 " Section 145g. 7.60 (5) (a) of the statutes is amended to read:

SB612-AA3,7,20 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver or send to the elections board, by 1st class mail, a certified copy of each statement of the county board of canvassers for president and vice president, state officials, senators and representatives in congress, state legislators, justice, court of appeals judge, circuit judge, district attorney, and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on forms prescribed by the elections board the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the elections board no later than 7 days after each primary and except the September primary, no later than 10 days after the September primary and any other election except the general election, and no later than 14 days after the general election. The board of canvassers shall deliver or transmit a certified copy of each statement for any technical college district referendum to the secretary of the technical college district board.

SB612-AA3, s. 145r Section 145r. 7.70 (3) (a) of the statutes is amended to read:

SB612-AA3,8,4 7.70 (3) (a) The chairperson of the board or a designee of the chairperson appointed by the chairperson to canvass a specific election shall publicly canvass the returns and make his or her certifications and determinations on or before the 2nd Tuesday following a spring primary, the 15th day of May following a spring election, the 4th Tuesday in September 3rd Wednesday following a September primary, the first day of December following a general election, the 2nd Thursday following a special primary, or within 18 days after any special election.".

SB612-AA3,8,5 17. Page 105, line 11: after that line insert:

SB612-AA3,8,6 " Section 150m. 9.01 (1) (a) of the statutes is amended to read:

SB612-AA3,9,12 9.01 (1) (a) Any candidate voted for at any election or any elector who voted upon any referendum question at any election may request a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass and not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question prior to issuance of any amended return under s. 6.221 (6) (b) or, if more than one board of canvassers makes the determination not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination prior to issuance of any amended return under s. 6.221 (6) (b). If the chairperson of the board or chairperson's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum and not later than 5 p.m. on the 3rd business day following the day on which the elections board receives the last statement from a county board of canvassers for the election or referendum. Each verified petition shall state that at the election the petitioner was a candidate for the office in question or that he or she voted on the referendum question in issue; that the petitioner is informed and believes that a mistake or fraud has been committed in a specified ward or municipality in the counting and return of the votes cast for the office or upon the question; or shall specify any other defect, irregularity or illegality in the conduct of the election. The petition shall specify each ward, or each municipality where no wards exist, in which a recount is desired. If a recount is requested for all wards within a jurisdiction, each ward need not be specified. The petition may be amended to include information discovered as a result of the investigation of the board of canvassers or the chairperson of the board or chairperson's designee after the filing of the petition, if the petitioner moves to amend the petition as soon as possible after the petitioner discovered or reasonably should have discovered the information which is the subject of the amendment and the petitioner was unable to include information in the original petition.".

SB612-AA3,9,13 18. Page 105, line 18: delete "6.22 (5m) (f)" and substitute "6.221 (6) (b)".

SB612-AA3,9,14 19. Page 105, line 23: delete "6.22 (5m) (f)" and substitute "6.221 (6) (b)".

SB612-AA3,9,15 20. Page 106, line 4: delete "6.22 (5m) (f)" and substitute "6.221 (6) (b)".

SB612-AA3,9,16 21. Page 106, line 8: delete lines 8 to 22 and substitute:

SB612-AA3,9,17 " Section 152m. 9.01 (1) (am) of the statutes is created to read:

SB612-AA3,9,21 9.01 (1) (am) A person who files a petition under par. (a) may withdraw the petition. If the petitioner withdraws a petition before any board of canvassers that canvassed the original election begins its recount, the clerk or body shall refund any fee paid under par. (ag).

SB612-AA3, s. 153a Section 153a. 9.01 (1) (b) (intro.) of the statutes is amended to read:

SB612-AA3,9,24 9.01 (1) (b) (intro.) The proper board of canvassers shall reconvene no earlier than 9 a.m. on the day following delivery of notice to all candidates under sub. (2) and no later than 9 a.m. on the day following the last day for filing of a petition and, or if the original canvass is subject to correction under s. 6.221 (6) (b), immediately after issuance of the amended statement and determination in the original canvass, whichever is later. The board of canvassers shall then proceed to recount the ballots in the wards or municipalities specified and to review the allegations of fact contained in the petition or petitions. The recount shall proceed for each ward or municipality as follows:".

SB612-AA3,10,8 (End)