Amendment ASA1-AB7

AB7-ASA1,17,23 (b) 1. Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every recognized political party listed on the official ballot at the last gubernatorial election whose candidate for any statewide office received at least 1% of the total votes cast for that office and, if the last general election was also a presidential election, every recognized political party listed on the ballot at that election whose candidate for president received at least 1% of the total vote cast for that office shall have a separate primary ballot or one or more separate columns or rows on the primary ballot as prescribed in par. (a) and a separate column on the general election ballot in every ward and election district. An organization which was listed as "independent" at the last general election and whose candidate meets the same qualification shall receive the same ballot status upon petition of the chairperson and secretary of the organization to the board requesting such status and specifying their party name, which may not duplicate the name of an existing party. A petition under this subdivision may be filed no later than 5 p.m. on June May 1 in the year of each general election.

AB7-ASA1,18,12 2. Subdivision 1. applies to a party within any assembly district or county at any September partisan primary election only if at least one candidate of the party for any national, state or county office qualifies to have his or her name appear on the ballot under the name of that party within that assembly district or county. The county clerk or county board of election commissioners shall provide a combined separate ballot or one or more separate columns or rows on the ballot that will permit an elector to cast a vote for a write-in candidate for the nomination of any such party for each national, state and county office whenever that party qualifies to be represented on a separate primary ballot or in one or more separate columns or rows under subd. 1. but does not qualify under this subdivision. The ballot shall include the name of each party qualifying for a separate ballot or one or more separate columns or rows on the ballot under each office, with the names of the candidates for each such party appearing in the same order in which the ballots of the parties would appear under par. (a).

AB7-ASA1, s. 14 Section 14. 5.62 (2) of the statutes is amended to read:

AB7-ASA1,19,2 5.62 (2) (a) Except as provided in par. (b) and s. 5.64 (1) (e) 2., any political organization may be represented on a separate primary ballot or in one or more separate columns or rows on the primary ballot as prescribed in sub. (1) (a) and in a separate column on the general election ballot in every ward and election district. To qualify for a separate ballot under this paragraph, the political organization shall, not later than 5 p.m. on June May 1 in the year of the September partisan primary, file with the board a petition requesting separate ballot status. The petition shall be signed by at least 10,000 electors, including at least 1,000 electors residing in each of at least 3 separate congressional districts. The petition shall conform to the requirements of s. 8.40. No signature obtained before January 1 in the year of filing is valid. When the candidates of a political organization filing a valid petition fulfill the requirements prescribed by law, they shall appear on a separate ballot or one or more separate columns or rows on the ballot for the period ending with the following general election.

AB7-ASA1,19,16 (b) Paragraph (a) applies to a party within any assembly district or county at any September partisan primary election only if at least one candidate of the party for any national, state or county office qualifies to have his or her name appear on the ballot under the name of that party within that assembly district or county. The county clerk or county board of election commissioners shall provide a combined separate ballot or one or more separate columns or rows on the ballot that will permit an elector to cast a vote for a write-in candidate for the nomination of any such party for each national, state and county office whenever that party qualifies to be represented on a separate primary ballot or in one or more separate columns or rows under par. (a) but does not qualify under this paragraph. The ballot shall include the name of each party qualifying for a separate ballot or one or more separate columns or rows on the ballot under each office, with the names of the candidates for each such party appearing in the same order in which the ballots of the parties would appear under sub. (1) (a).

AB7-ASA1, s. 15 Section 15. 5.62 (3) of the statutes is amended to read:

AB7-ASA1,20,2 5.62 (3) The board shall designate the official primary ballot arrangement for statewide offices and district attorney within each prosecutorial district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate column or row on the ballot, the candidates for office shall be listed together with the offices which they seek in the following order whenever these offices appear on the September partisan primary ballot: governor, lieutenant governor, attorney general, secretary of state, state treasurer, U.S. senator, U.S. representative in congress, state senator, representative to the assembly, district attorney and the county offices. Below the names of the independent candidates shall appear the party or principle of the candidates, if any, in 5 words or less, as shown on their nomination papers.

AB7-ASA1, s. 16 Section 16. 5.62 (5) of the statutes is amended to read:

AB7-ASA1,20,11 5.62 (5) At the September partisan primary, an elector may vote for the candidates of only one party, or the elector may vote for any of the independent candidates for state office listed; but the elector may not vote for more than one candidate for a single office. A space shall be provided on the ballot for an elector to write in the name of his or her choice as a party candidate for any office, including a party candidate of a party whose name appears on the ballot, column or row designated for independent candidates, as provided in sub. (1) (b) or (2) (b), but no space shall be provided to write in the names of independent candidates.

AB7-ASA1, s. 17 Section 17. 5.64 (1) (ar) 1. a. of the statutes is repealed.

AB7-ASA1, s. 18 Section 18. 5.64 (1) (ar) 1m. of the statutes is created to read:

AB7-ASA1,20,16 5.64 (1) (ar) 1m. When voting for president and vice president, the ballot shall permit an elector to vote only for the candidates on one ticket jointly or to write in the names of persons in both spaces.

AB7-ASA1, s. 19 Section 19. 5.64 (1) (b) of the statutes is amended to read:

AB7-ASA1,21,7 5.64 (1) (b) The names of the candidates for the offices of president and vice president that are certified under s. 8.16 (7) or that are contained in nomination papers filed under s. 8.20 shall appear on the ballot in the form prescribed in s. 7.08 (2) (a). The names of the candidates on the regular party tickets nominated at the primary or replacements appointed under s. 8.35 (2) shall appear in a separate column under the party designation. The columns shall be arranged from left to right according to rank, based on the number of votes received by each party's candidate for president or governor at the last general election beginning with the party that received the most votes. To the right of the columns for parties qualifying under s. 5.62 (1) (b) shall be placed the columns for parties qualifying under s. 5.62 (2) in the same order in which the parties filed petitions with the board. Any column required under par. (e) 2. shall be placed next in order. To the right of the party columns shall be a column for the names of independent candidates for each office, or more than one column if the first column does not provide sufficient space for the names of all such candidates.

AB7-ASA1, s. 20 Section 20. 5.91 (2) of the statutes is repealed.

AB7-ASA1, s. 21 Section 21. 6.02 (1) of the statutes is amended to read:

AB7-ASA1,21,12 6.02 (1) Every U.S. citizen age 18 or older who has resided in an election district or ward for 10 28 consecutive days before any election where the citizen offers to vote is an eligible elector.

AB7-ASA1, s. 22 Section 22. 6.02 (2) of the statutes is amended to read:

AB7-ASA1,21,18 6.02 (2) Any U.S. citizen age 18 or older who moves within this state later than 10 28 days before an election shall vote at his or her previous ward or election district if the person is otherwise qualified. If the elector can comply with the 10-day 28-day residence requirement at the new address and is otherwise qualified, he or she may vote in the new ward or election district.

AB7-ASA1, s. 23 Section 23. 6.10 (1) of the statutes is amended to read:

AB7-ASA1,21,23 6.10 (1) The residence of a person is the place where the principal or primary home or place of abode is located, where the person's habitation is fixed, without any present intent to move, and to which, when absent, the person intends has the present intent to return, regardless of the duration of the absence.

AB7-ASA1, s. 24 Section 24. 6.10 (1m) of the statutes is created to read:

AB7-ASA1,22,6 6.10 (1m) In determining the principal or primary home or place of abode of a person, the following circumstances may be taken into account: business pursuits; employment; income sources; residence for income or other tax purposes; residence of the person's parents, spouse, or children, if any; leaseholds; situs of real and personal property; location of any homestead for which a credit is elected under subch. VIII of ch. 71; and motor vehicle registrations.

AB7-ASA1, s. 25 Section 25. 6.10 (3) of the statutes is amended to read:

AB7-ASA1,22,16 6.10 (3) When an elector moves from one ward to another or his or her residence from one ward or municipality to another ward or municipality within the state after the last registration day but at least 10 28 days before the election, the elector may vote in and be considered a resident of the new ward or municipality where residing upon transferring registration under s. 6.40 (1) or upon registering at the proper polling place or other registration location in the new ward or municipality under s. 6.55 (2) or 6.86 (3) (a) 2. If the elector moves within 10 his or her residence later than 28 days of before an election, the elector shall vote in the elector's old former ward or municipality if otherwise qualified to vote there.

AB7-ASA1, s. 26 Section 26. 6.10 (4) of the statutes is amended to read:

AB7-ASA1,23,4 6.10 (4) The residence of an unmarried person sleeping in one ward and boarding in another is the place where the person sleeps. The residence of an unmarried person in a transient vocation, a teacher or a student who boards at different places for part of the week, month, or year, if one of the places is the residence of the person's parents, is the place of the parents' residence unless through registration or similar act the person elects to establish a residence elsewhere. If the person has no parents and if the person has not registered elsewhere, the person's residence shall be at the place which that the person considered his or her residence in preference to any other for at least 10 28 consecutive days before an election. If this place is within the municipality, the person is entitled to all the privileges and subject to all the duties of other citizens having their residence there, including voting.

AB7-ASA1, s. 27 Section 27. 6.10 (8) of the statutes is amended to read:

AB7-ASA1,23,9 6.10 (8) No person gains a residence in any ward or election district of this state while there for temporary purposes only without the intention of making that ward or election district the person's home but with the intention of leaving it when the person has accomplished the purpose that brought the person there.

AB7-ASA1, s. 28 Section 28. 6.10 (10) of the statutes is amended to read:

AB7-ASA1,23,14 6.10 (10) If a person who established residence in this state moves to another state with an intent to make a permanent residence there, or, if while there the person exercises the right to vote as a citizen of that state by voting, the person loses Wisconsin residence in this state.

AB7-ASA1, s. 29 Section 29. 6.15 (1) of the statutes is amended to read:

AB7-ASA1,23,21 6.15 (1) Qualifications. Any person who was or who is a qualified an eligible elector under ss. 6.02 and 6.03, except that he or she has been a resident of this state for less than 10 28 consecutive days prior to the date of the presidential election, is entitled to vote for the president and vice president but for no other offices. The fact that the person was not registered to vote in the state from which he or she moved does not prevent voting in this state if the elector is otherwise qualified.

AB7-ASA1, s. 30 Section 30. 6.15 (2) (a) of the statutes is amended to read:

AB7-ASA1,24,5 6.15 (2) (a) The elector's request for the application form may be made in person to the municipal clerk of the municipality where the person resides. Application may be made not sooner than 9 27 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in the ward or election district in which the elector resides. If an elector makes application before election day, the application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form:

AB7-ASA1,24,6 STATE OF WISCONSIN

AB7-ASA1,24,7 County of ....

AB7-ASA1,24,18 I, ...., do solemnly swear that I am a citizen of the United States; that prior to establishing Wisconsin residence, my legal residence was in the .... (town) (village) (city) of ...., state of ...., residing at .... (street address); that on the day of the next presidential election, I shall be at least 18 years of age and that I have been a legal resident of the state of Wisconsin since ...., .... (year), residing at .... (street address), in the [.... ward of the .... aldermanic district of] the (town) (village) (city) of ...., county of ....; that I have resided in the state less than 10 28 consecutive days, that I am qualified to vote for president and vice president at the election to be held November ...., .... (year), that I am not voting at any other place in this election and that I hereby make application for an official presidential ballot, in accordance with section 6.15 of the Wisconsin statutes.

AB7-ASA1,24,19 Signed ....

AB7-ASA1,24,20 P.O. Address ....

AB7-ASA1,24,21 Subscribed and sworn to before me this .... day of ...., .... (year)

AB7-ASA1,24,22 ....(Name)

AB7-ASA1,24,23 ....(Title)

AB7-ASA1, s. 31 Section 31 . 6.15 (2) (bm) of the statutes is created to read:

AB7-ASA1,25,7 6.15 (2) (bm) Except as authorized in s. 6.79 (7), when making application in person at the office of the municipal clerk, each applicant shall present proof of identification. If any document presented by the applicant is not proof of residence under s. 6.34, the applicant shall also present proof of residence under s. 6.34. The clerk shall verify that the name on the proof of identification presented by the elector conforms to the name on the elector's application and shall verify that any photograph appearing on that document reasonably resembles the elector.

AB7-ASA1, s. 32 Section 32. 6.15 (2) (d) 1r. of the statutes is amended to read:

AB7-ASA1,25,19 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card, the municipal clerk shall require the elector to provide proof of residence under s. 6.34. If the elector cannot provide 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. 6.34 permit the elector to cast his or her ballot for president and vice president. 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.

AB7-ASA1, s. 33 Section 33. 6.15 (3) of the statutes is amended to read:

AB7-ASA1,26,13 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 proof of residence under s. 6.34 or providing corroboration of residence verification of the proof of identification and proof of residence, whenever required, as provided in sub. (2) (bm), 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.

AB7-ASA1, s. 34 Section 34. 6.18 of the statutes is amended to read:

AB7-ASA1,27,6 6.18 Former residents. If ineligible to qualify as an elector in the state to which the elector has moved, any former qualified Wisconsin elector may vote an absentee ballot in the ward of the elector's prior residence in any presidential election occurring within 24 months after leaving Wisconsin by requesting an application form and returning it, properly executed, to the municipal clerk of the elector's prior Wisconsin residence. When requesting an application form for an absentee ballot, the applicant shall specify the applicant's eligibility for only the presidential ballot. Unless application is made under s. 6.86 (1) (ac), or the applicant is exempted from providing proof of identification under s. 6.87 (4) (b) 2. or 3., or the applicant is a military or overseas elector, the elector shall enclose a copy of his or her proof of identification or any authorized substitute document with his or her application. The municipal clerk shall verify that the name on the proof of identification conforms to the name on the application. The clerk shall not issue a ballot to an elector who is required to enclose a copy of proof of identification or an authorized substitute document with his or her application unless the copy is enclosed and the proof is verified by the clerk. The application form shall require the following information and be in substantially the following form:

AB7-ASA1,27,10 This form shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

AB7-ASA1,27,11 APPLICATION FOR PRESIDENTIAL

AB7-ASA1,27,12 ELECTOR'S ABSENTEE BALLOT.

AB7-ASA1,27,13 (To be voted at the Presidential Election

AB7-ASA1,27,14 on November ...., .... (year)

AB7-ASA1,27,23 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 10 28 consecutive days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

AB7-ASA1,27,24 Signed ....

AB7-ASA1,27,25 Address ....(Present address)

AB7-ASA1,28,1 ....(City) ....(State)

AB7-ASA1,28,2 Subscribed and sworn to before me this .... day of .... .... (year)

AB7-ASA1,28,3 ....(Notary Public, or other officer authorized to administer oaths.)

AB7-ASA1,28,4 ....(County)

AB7-ASA1,28,5 My Commission expires

AB7-ASA1,28,6 MAIL BALLOT TO:

AB7-ASA1,28,7 NAME ....

AB7-ASA1,28,8 ADDRESS ....

AB7-ASA1,28,9 CITY .... STATE .... ZIP CODE ....

AB7-ASA1,28,14 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for not more than 6 months or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months or both.

AB7-ASA1,28,15 ....(Municipal Clerk)

AB7-ASA1,28,16 ....(Municipality)

AB7-ASA1, s. 35 Section 35. 6.22 (2) (e) of the statutes is created to read:

AB7-ASA1,28,23 6.22 (2) (e) A military elector may file an application for an absentee ballot by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector an absentee ballot or, if the elector so requests, shall transmit an absentee ballot to the elector by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3) (d).

AB7-ASA1, s. 36 Section 36. 6.22 (4) (a) of the statutes is amended to read:

AB7-ASA1,29,7 6.22 (4) (a) A request for an absentee ballot by an individual who qualifies as a military elector shall be treated as a request for an absentee ballot for all elections unless the individual otherwise requests. Upon receiving a timely request for an absentee ballot under par. (b) by an individual who qualifies as a military elector, 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.

AB7-ASA1, s. 37 Section 37. 6.22 (4) (b) of the statutes is amended to read:

AB7-ASA1,29,13 6.22 (4) (b) A military elector's application may be received at any time. The municipal clerk shall not send or transmit a ballot for an election if the application is received later than 5 p.m. on the Friday preceding that election. The municipal clerk shall send or transmit a ballot, as soon as available, to each military elector who requests files a timely request for a ballot.

AB7-ASA1, s. 38 Section 38. 6.22 (4) (e) of the statutes is amended to read:

AB7-ASA1,29,25 6.22 (4) (e) Whenever the material is mailed, the material shall be prepared and mailed to make use of the federal free postage laws. If the material does not qualify for mailing without postage under federal free postage laws, the municipal clerk shall pay the postage required for mailing to the military elector. If the return envelope qualifies for mailing free of postage under federal free postage laws, the clerk shall affix the appropriate legend required by U.S. postal regulations. Otherwise the municipal clerk shall pay the postage required for return when the ballot is mailed from within the United States. If the ballot is not mailed by the military elector from within the United States the military elector shall provide return postage. The mailing list established under this subsection shall be kept current in the same manner as provided in s. 6.86 (2) (b).

AB7-ASA1, s. 39 Section 39. 6.22 (6) of the statutes is amended to read:

AB7-ASA1,30,13 6.22 (6) Military elector list. Each municipal clerk shall keep an up-to-date list of all eligible military electors who reside in the municipality ; city clerks shall keep the lists by wards in the format prescribed by the board. 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) 6.34 (1), 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 one copy of the list to the appropriate ward each polling place in the municipality for use on election day.

AB7-ASA1, s. 40 Section 40. 6.22 (7) of the statutes is amended to read:

AB7-ASA1,30,17 6.22 (7) Extension of privilege. This section applies to all military electors for 10 28 days after the date of discharge from a uniformed service or termination of services or employment of individuals specified in sub. (1) (b) 1. to 4.

AB7-ASA1, s. 41 Section 41. 6.221 (title) of the statutes is amended to read:

AB7-ASA1,30,20 6.221 (title) Counting of absentee ballots for certain military electors; September partisan primary and general election.

AB7-ASA1, s. 42 Section 42. 6.221 (1) of the statutes is amended to read:

AB7-ASA1,30,23 6.221 (1) In this section, "military elector" has the meaning given in s. 6.36 (2) (c) 6.34 (1) and active duty status for any election is determined as of election day.

AB7-ASA1, s. 43 Section 43. 6.221 (3) of the statutes is amended to read:

AB7-ASA1,31,5 6.221 (3) (a) At the September partisan 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.