2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 396
November 8, 2013 - Offered by Representative Bernier.
AB396-ASA1,1,6 1An Act to repeal 6.875 (1) (as), 6.875 (2) (b) and 6.875 (2) (d); to renumber 6.875
2(1) (a); to renumber and amend 6.875 (1) (ap) and 6.875 (3); to amend 6.87
3(4) (b) 5., 6.875 (title), 6.875 (1) (asm), 6.875 (2) (a), 6.875 (4) (a), 6.875 (4) (b),
4(6) and (7), 12.03 (2) (b) 3. and 12.13 (2) (b) 6m.; and to create 6.875 (1) (bm),
56.875 (1) (d), 6.875 (3) (b), 6.875 (4) (am) and 6.875 (4) (ar) and (at) of the
6statutes; relating to: absentee voting at residential care facilities.
Analysis by the Legislative Reference Bureau
Currently, the municipal clerk or board of election commissioners of each
municipality is directed to dispatch two special voting deputies to conduct absentee
voting in person for each election at each nursing home located in the municipality
upon application for an absentee ballot by one or more qualified electors who are
occupants of the home. Participation in the special absentee voting is limited to
occupants of the home. The clerk or board may also dispatch special voting deputies
to any community-based residential facility, retirement home, adult family home,
or residential care apartment complex located in the municipality to conduct
absentee voting for occupants of the facility, home, or complex if the clerk or board
finds that a significant number of occupants of the facility, home, or complex may

need assistance in voting or meet certain other specified criteria upon application for
an absentee ballot by one or more qualified electors who are occupants of the facility,
home, or complex. This substitute amendment provides that the clerk or board of
election commissioners of a municipality shall dispatch two special voting deputies
to each community-based residential facility, adult family home, and residential
care apartment complex located in the municipality to conduct absentee voting in
person for occupants of the facility, home, or complex at each election upon
application by one or more qualified electors who are occupants of the facility, home,
or complex, except that the clerk or board need not dispatch special voting deputies
to visit any facility, home, or complex unless there are at least five registered electors
of the municipality who are occupants of the facility, home, or complex. Under the
substitute amendment, a municipal clerk or board of election commissioners retains
discretion as to whether to dispatch special voting deputies to retirement homes.
Currently, a municipal clerk or board of election commissioners who dispatches
special voting deputies to a facility, home, or complex must post a notice of the visit
by the deputies at the facility, home, or complex at least 24 hours in advance of the
time of the visit. This substitute amendment requires this notice to be posted at the
facility, home, or complex where absentee voting is to be conducted at least five
working days in advance of the visit. The substitute amendment also directs each
municipal clerk and board of election commissioners to provide public notice of each
visit by special voting deputies to a residential care facility to a local news medium
and to those news media that have filed a written request to receive such notices at
least five working days before each visit. In addition, the substitute amendment
requires the clerk or board to post the notice on the Internet. Under the substitute
amendment, a municipal clerk or board of election commissioners whose
municipality does not maintain an Internet site need not comply with the Internet
posting requirement.
Under current law, an occupant of a facility, home, or complex where special
voting deputies are dispatched who is a qualified elector and who applies for an
absentee ballot by mail must cast the ballot at the facility, home, or complex.
This substitute amendment provides that if a qualified elector who is an
occupant of a facility, home, or complex requests an absentee ballot for an election,
and the municipal clerk or board of election commissioners of the municipality in
which the facility, home, or complex is located dispatches special voting deputies to
that facility, home, or complex, the deputies must personally deliver the ballot to the
elector at the facility, home, or complex if they have not finished visiting the facility,
home, or complex when the request is received. The substitute amendment prohibits
special voting deputies from accepting an absentee ballot submitted by an elector
whose ballot was not issued to the elector by the deputies. The substitute
amendment provides, however, that as an alternative to absentee voting inside a
facility, home, or complex, an elector who is an occupant of such a facility, home, or
complex may 1) vote in person at the polling place serving his or her residence or by
absentee ballot in person at the office of the municipal clerk or board of election
commissioners serving his or her residence; or 2) if the elector maintains a residence

outside the facility, home, or complex, vote by applying for and casting an absentee
ballot by mail at that residence.
Currently, the municipal clerk or board of election commissioners of a
municipality may dispatch special voting deputies to a retirement home located in
the municipality if the clerk or board finds that a significant number of occupants of
the home lack adequate transportation to the appropriate polling place, a significant
number of the occupants may need assistance in voting, there are a significant
number of occupants of the home aged 60 or over, or there are a significant number
of indefinitely confined electors who are occupants of the home. This substitute
amendment provides that if a retirement home to which a municipal clerk or board
of election commissioners does not dispatch special voting deputies is located on the
same grounds as a facility, home, or complex to which the clerk dispatches special
voting deputies, the clerk must obtain from the management of the retirement home
the names and addresses of the occupants of the home. An occupant of the retirement
home may vote in person at the polling place serving his or her residence or may cast
an absentee ballot in the same manner as provided for other electors of the
municipality.
Current law provides that when voting at a facility, home, or complex is
completed, the special voting deputies must promptly deliver the absentee ballots
and any absentee ballot applications to the municipal clerk or board of election
commissioners of the municipality where the facility, home, or complex is located,
either personally or by first class mail. If delivery is made in person, the delivery
must be made no later than noon on election day. This substitute amendment
provides that upon completion of voting on each day at each facility, home, or
complex, the deputies must seal the absentee ballot envelopes and any absentee
ballot applications inside a carrier envelope and must sign their names to the seal.
The deputies must place the envelope inside a ballot container or bag. Under the
substitute amendment, when the deputies have finished visiting all facilities,
homes, and complexes to which they are dispatched, the deputies must deliver the
container or bag as expeditiously as possible to the municipal clerk or board of
election commissioners of the municipality, but not later than noon on election day.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB396-ASA1,1 1Section 1. 6.87 (4) (b) 5. of the statutes is amended to read:
AB396-ASA1,4,112 6.87 (4) (b) 5. Unless subd. 3. or 4. applies, if the absentee elector resides in a
3qualified retirement home, as defined in s. 6.875 (1) (at), a qualified
4community-based residential facility, as defined in s. 6.875 (1) (as), a residential care
5apartment complex that is certified or registered under s. 50.034 (1), or an adult

1family home that is certified under s. 50.032 or licensed under s. 50.033
or a
2residential care facility, as defined in s. 6.875 (1) (bm),
and the municipal clerk or
3board of election commissioners of the municipality where the complex, facility, or
4home is located does not send special voting deputies to visit the complex, facility, or
5home at the election under s. 6.875, the elector may, in lieu of providing proof of
6identification, submit with his or her absentee ballot a statement signed by the same
7individual who witnesses voting of the ballot that contains the certification of an
8authorized representative of the complex, facility , or home that the elector resides in
9the complex, facility, or home and the complex, facility, or home is certified or
10registered as required by law, that contains the name and address of the elector, and
11that verifies that the name and address are correct.
AB396-ASA1,2 12Section 2. 6.875 (title) of the statutes is amended to read:
AB396-ASA1,4,14 136.875 (title) Absentee voting in certain homes, residential care
14facilities
, and complexes retirement homes.
AB396-ASA1,3 15Section 3. 6.875 (1) (a) of the statutes is renumbered 6.875 (1) (ae).
AB396-ASA1,4 16Section 4. 6.875 (1) (ap) of the statutes is renumbered 6.875 (1) (ab) and
17amended to read:
AB396-ASA1,4,2018 6.875 (1) (ab) "Qualified adult Adult family home" means a facility that is
19certified or licensed to operate as an adult family home under s. 50.032 or 50.033 that
20qualifies under sub. (2) (d) to utilize the procedures under this section
.
AB396-ASA1,5 21Section 5. 6.875 (1) (as) of the statutes is repealed.
AB396-ASA1,6 22Section 6. 6.875 (1) (asm) of the statutes is amended to read:
AB396-ASA1,5,223 6.875 (1) (asm) "Qualified residential Residential care apartment complex"
24means a facility that is certified or registered to operate as a residential care

1apartment complex under s. 50.034 (1) that qualifies under sub. (2) (d) to utilize the
2procedures under this section
.
AB396-ASA1,7 3Section 7. 6.875 (1) (bm) of the statutes is created to read:
AB396-ASA1,5,64 6.875 (1) (bm) "Residential care facility" means an adult family home,
5community-based residential facility, nursing home, or residential care apartment
6complex.
AB396-ASA1,8 7Section 8. 6.875 (1) (d) of the statutes is created to read:
AB396-ASA1,5,88 6.875 (1) (d) "Working day" has the meaning given in s. 227.01 (14).
AB396-ASA1,9 9Section 9. 6.875 (2) (a) of the statutes is amended to read:
AB396-ASA1,5,1810 6.875 (2) (a) The Absentee voting in person inside residential care facilities and
11qualified retirement homes shall be conducted by municipalities only in the manner
12prescribed in this section. At any residential care facility or qualified retirement
13home where a municipality dispatches special voting deputies to conduct absentee
14voting in person under this section, the
procedures prescribed in this section are the
15exclusive means of absentee voting in person inside that facility or home for electors
16who are occupants of nursing homes, qualified community-based residential
17facilities, qualified retirement homes, qualified residential care apartment
18complexes, and qualified adult family homes
the facility or home.
AB396-ASA1,10 19Section 10. 6.875 (2) (b) of the statutes is repealed.
AB396-ASA1,11 20Section 11. 6.875 (2) (d) of the statutes is repealed.
AB396-ASA1,12 21Section 12. 6.875 (3) of the statutes is renumbered 6.875 (3) (a) and amended
22to read:
AB396-ASA1,6,2023 6.875 (3) (a) An occupant of a nursing home or qualified retirement home,
24qualified community-based residential facility, qualified residential care apartment
25complex, or qualified adult family home
or residential care facility who qualifies as

1an absent elector and desires to receive an absentee ballot shall make application
2under s. 6.86 (1), (2), or (2m) with the municipal clerk or board of election
3commissioners of the municipality in which the elector is a resident. The Except as
4provided in sub. (4) (ar), the
clerk or board of election commissioners of a
5municipality receiving an application from an elector who is an occupant of a nursing
6home or
qualified retirement home, qualified community-based residential facility,
7qualified residential care apartment complex, or qualified adult family home
or
8residential care facility
located in a different municipality shall, as soon as possible,
9notify and send an absentee ballot for the elector to the clerk or board of election
10commissioners of the municipality in which the home, or facility, or complex is
11located. The Except as provided in sub. (4) (ar), the clerk or board of election
12commissioners of a municipality receiving an application from an elector who is an
13occupant of a nursing home or qualified retirement home, qualified
14community-based residential facility, qualified residential care apartment complex,
15or qualified adult family home
or residential care facility located in the municipality
16but who is a resident of a different municipality shall, as soon as possible, notify and
17request an absentee ballot from the clerk or board of election commissioners of the
18municipality in which the elector is a resident. The clerk or board of election
19commissioners shall make a record of all absentee ballots to be sent, delivered, and
20voted under this section.
AB396-ASA1,13 21Section 13. 6.875 (3) (b) of the statutes is created to read:
AB396-ASA1,7,622 6.875 (3) (b) If a retirement home that is not a qualified retirement home is
23located within a municipality on the same grounds as one or more residential care
24facilities to which the municipal clerk or board of election commissioners of the
25municipality dispatches special voting deputies to conduct voting at an election, the

1municipal clerk or board of election commissioners shall obtain from the
2management of the retirement home the names and addresses of the occupants of the
3home. An occupant of the retirement home may vote in person at the polling place
4serving his or her residence or may apply for and cast an absentee ballot at the
5election in the same manner as provided for other electors of the municipality where
6he or she resides.
AB396-ASA1,14 7Section 14. 6.875 (4) (a) of the statutes is amended to read:
AB396-ASA1,8,48 6.875 (4) (a) For the purpose of absentee voting in nursing homes, qualified
9retirement homes, qualified community-based residential facilities, qualified
10residential care apartment complexes, and qualified adult family homes
and
11residential care facilities
, the municipal clerk or board of election commissioners of
12each municipality in which one or more nursing homes, qualified retirement homes,
13qualified community-based residential facilities, qualified residential care
14apartment complexes, or qualified adult family homes
or residential care facilities
15are located shall appoint at least 2 special voting deputies for the municipality. Upon
16Except as provided in par. (am), upon application under s. 6.86 (1), (2), or (2m) by one
17or more qualified electors who are occupants of a home, or facility, or complex, the
18municipal clerk or board of election commissioners of the municipality in which the
19home, or facility, or complex is located shall dispatch 2 special voting deputies to visit
20the home, or facility, or complex for the purpose of supervising absentee voting
21procedure by occupants of the home, or facility, or complex. The clerk or board of
22election commissioners
shall maintain a list, available to the public upon request, of
23each home, or facility, or complex where an elector has requested an absentee ballot
24special voting deputies are dispatched. The list shall include the date and time the
25deputies intend to visit each home, or facility, or complex. The 2 deputies designated

1to visit each nursing home, qualified retirement home, qualified community-based
2residential facility, qualified residential care apartment complex, and qualified adult
3family home
and residential care facility shall be affiliated with different political
4parties whenever deputies representing different parties are available.
AB396-ASA1,15 5Section 15. 6.875 (4) (am) of the statutes is created to read:
AB396-ASA1,8,96 6.875 (4) (am) The municipal clerk or board of election commissioners of a
7municipality need not dispatch special voting deputies to visit any residential care
8facility unless there are at least 5 registered electors of the municipality who are
9occupants of the facility.
AB396-ASA1,16 10Section 16. 6.875 (4) (ar) and (at) of the statutes are created to read:
AB396-ASA1,8,1311 6.875 (4) (ar) As an alternative to absentee voting inside a residential care
12facility or qualified retirement home, an elector who is an occupant of the facility or
13home may:
AB396-ASA1,8,1614 1. Vote in person at the polling place serving his or her residence under s. 6.79
15(2) or in person at the office of the municipal clerk or board of election commissioners
16of the municipality where he or she resides under s. 6.86 (1) (a) 2.; or
AB396-ASA1,8,1917 2. If the elector maintains a residence outside the facility or home, vote by
18applying for and casting an absentee ballot by mail under s. 6.86 (1) (a) 1. at that
19residence.
AB396-ASA1,9,220 (at) Except as provided in par. (ar), if a qualified elector of a municipality who
21is an occupant of a residential care facility or qualified retirement home in that
22municipality requests an absentee ballot for an election and the municipal clerk or
23board of election commissioners dispatches special voting deputies to that facility or
24home, the clerk or board of election commissioners shall give the absentee ballot to
25the special voting deputies who shall personally deliver the ballot to the elector at

1the time of their visit if they have not finished visiting the facility or home when the
2request is received.
AB396-ASA1,17 3Section 17. 6.875 (4) (b), (6) and (7) of the statutes are amended to read:
AB396-ASA1,9,154 6.875 (4) (b) Nominations for the special voting deputy positions described in
5par. (a) may be submitted by the 2 recognized political parties whose candidates for
6governor or president received the greatest numbers of votes in the municipality at
7the most recent general election. The deputies shall be specially appointed to carry
8out the duties under par. (a) for the period specified in s. 7.30 (6) (a). The clerk or
9board of election commissioners may revoke an appointment at any time. No
10individual who is employed or retained, or within the 2 years preceding appointment
11has been employed or retained, at a nursing home, qualified retirement home,
12qualified community-based residential facility, qualified residential care apartment
13complex, or qualified adult family home
or residential care facility in the
14municipality, or any member of the individual's immediate family, as defined in s.
1519.42 (7), may be appointed to serve as a deputy.
AB396-ASA1,9,25 16(6) (a) Special voting deputies in each municipality shall, not later than 5 p.m.
17on the Friday 6th working day preceding an election, arrange one or more convenient
18times with the administrator of each nursing home, qualified retirement home,
19qualified community-based residential facility, qualified residential care apartment
20complex, and qualified adult family home
and residential care facility in the
21municipality from which one or more occupants have filed an application under s.
226.86 to conduct absentee voting for the election
that the deputies are scheduled to
23visit
. The time may be no earlier than the 4th Monday preceding the election and
24no later than 5 p.m. on the Monday preceding the election. The municipal clerk shall
25give notice of each visit by special voting deputies to a qualified retirement home or

1residential care facility in the same manner that notices of public meetings are
2provided by presiding officers under s. 19.84 (1) (b) at least 5 working days in advance
3of each visit, indicating the date and time of the visit.
The municipal clerk also shall
4post a notice at the home, or facility , or complex and on the Internet indicating the
5date and time that absentee voting will take place at that home, or facility, or
6complex
. The notice shall be posted as soon as practicable after arranging the visit
7but in no case less than 24 hours 5 working days before the visit. A municipal clerk
8whose municipality does not maintain an Internet site need not comply with the
9Internet posting requirement.
At the designated time, 2 deputies appointed under
10sub. (4) shall visit the home, or facility, or complex.
AB396-ASA1,10,1911 (b) The municipal clerk or executive director of the board of election
12commissioners shall issue a supply of absentee ballots to the deputies sufficient to
13provide for the number of valid applications for an absentee ballot received by the
14clerk, and a reasonable additional number of ballots. The deputies may exercise the
15authority granted to the chief inspector under s. 7.41 to regulate the conduct of
16observers. For purposes of the application of s. 7.41, the home, or facility, or complex
17shall be treated as a polling place. The municipal clerk or executive director shall
18keep a careful record of all ballots issued to the deputies and shall require the
19deputies to return every ballot issued to them.
AB396-ASA1,11,1620 (c) 1. Upon their visit to the home, or facility, or complex under par. (a), the
21deputies shall personally offer each elector who has filed a proper application for an
22absentee ballot the opportunity to cast his or her absentee ballot. In lieu of providing
23a copy of proof of identification under s. 6.87 (4) (b) 1. with his or her absentee ballot,
24the elector may submit with his or her ballot a statement signed by both deputies that
25contains the name and address of the elector and verifies that the name and address

1are correct. The deputies shall enclose the statement in the certificate envelope. If
2an elector presents proof of identification under s. 6.87 (4) (b) 1., the deputies shall
3make a copy of the document presented by the elector and shall enclose the copy in
4the certificate envelope. If an elector is present who has not filed a proper application
5for an absentee ballot, the 2 deputies may accept an application from the elector and
6shall issue a ballot to the elector if the elector is qualified, the elector presents proof
7of identification, whenever required, or submits a statement containing his or her
8name and address under this subdivision, and the application is proper. The
9deputies shall each witness the certification and may, upon request of the elector,
10assist the elector in marking the elector's ballot. The deputies shall not accept an
11absentee ballot submitted by an elector whose ballot was not issued to the elector by
12the deputies.
All voting shall be conducted in the presence of the deputies. Upon
13request of the elector, a relative of the elector who is present in the room may assist
14the elector in marking the elector's ballot. No individual other than a deputy may
15witness the certification and no individual other than a deputy or relative of an
16elector may render voting assistance to the elector.
AB396-ASA1,11,2317 2. Upon the request of a relative of an occupant of a nursing home, qualified
18retirement home, qualified community-based residential facility, qualified
19residential care apartment complex, or qualified adult family home
or residential
20care facility
, the administrator of the home, or facility, or complex may notify the
21relative of the time or times at which special voting deputies will conduct absentee
22voting at the home, or facility, or complex and permit the relative to be present in the
23room where the voting is conducted.
AB396-ASA1,12,1124 (d) Upon completion of the voting on each day at each residential care facility
25or qualified retirement home
, the deputies shall promptly seal the absentee ballot

1envelopes and any any absentee ballot applications inside a carrier envelope and
2shall seal the carrier envelope and sign their names to the seal. The deputies shall
3place the envelope inside a ballot bag or container. When the deputies have finished
4visiting all residential care facilities and qualified retirement homes to which they
5are dispatched, the deputies shall
deliver, either personally or by 1st class mail, any
6absentee ballot applications and the sealed certificate envelope containing each
7ballot
the ballot bag or container to the clerk or board of election commissioners of
8the municipality in which the elector casting the ballot resides as expeditiously as
9possible
, within such time as will permit delivery to the polling place serving the
10elector's residence on election day. Personal delivery may be made by the deputies,
11but
no later than noon on election that day.
AB396-ASA1,12,1612 (e) If a qualified elector is not able to cast his or her ballot on 2 separate visits
13by the deputies to the home, or facility, or complex, the deputies shall so inform the
14municipal clerk or executive director of the board of election commissioners, who may
15then send the ballot to the elector no later than 5 p.m. on the Friday preceding the
16election.
AB396-ASA1,12,25 17(7) One observer from each of the 2 recognized political parties whose candidate
18for governor or president received the greatest number of votes in the municipality
19at the most recent general election may accompany the deputies to each home, or
20facility, or complex where absentee voting will take place under this section. The
21observers may observe the process of absentee ballot distribution in the common
22areas of the home, or facility, or complex. Each party wishing to have an observer
23present shall submit the name of the observer to the clerk or board of election
24commissioners no later than the close of business on the last business day prior to
25the visit.
AB396-ASA1,18
1Section 18. 12.03 (2) (b) 3. of the statutes is amended to read:
AB396-ASA1,13,62 12.03 (2) (b) 3. No person may engage in electioneering within 100 feet of an
3entrance to or within a nursing home, qualified retirement home, qualified
4community-based residential facility, qualified residential care apartment complex,
5or qualified adult family home
or residential care facility while special voting
6deputies are present at the home or facility under s. 6.875 (6).
AB396-ASA1,19 7Section 19. 12.13 (2) (b) 6m. of the statutes is amended to read:
AB396-ASA1,13,118 12.13 (2) (b) 6m. Obtain an absentee ballot for voting in a nursing home or
9qualified retirement home, qualified community-based residential facility, qualified
10residential care apartment complex, or qualified adult family home
or residential
11care facility
under s. 6.875 (6) and fail to return the ballot to the issuing officer.
AB396-ASA1,20 12Section 20. Initial applicability.
AB396-ASA1,13,1413 (1) This act first applies with respect to elections held at least 60 days after the
14effective date of this subsection.
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