AB782: Bill Text

AB782, s. 35 Section 35. 6.55 (6) of the statutes is repealed.

AB782, s. 36 Section 36. 6.56 (1) of the statutes is amended to read:

AB782,16,11 6.56 (1) The list containing the names of persons voting transferring registration under ss. 6.29 and s. 6.55 (2) and (3) shall be returned together with all forms and certificates to the municipal clerk.

AB782, s. 37 Section 37. 6.56 (2) of the statutes is repealed.

AB782, s. 38 Section 38. 6.56 (3) of the statutes is amended to read:

AB782,17,2 6.56 (3) Upon receipt of the list under sub. (1), the municipal clerk or board of election commissioners shall make an audit of all electors registering to vote transferring registration at the polling place or other registration location under s. 6.55 (2) and all electors registering by agent on election day under s. 6.86 (3) (a) 2. The audit shall be made by 1st class postcard. The postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the clerk or board of election commissioners if the elector does not reside at the address given on the postcard. If any postcard is returned undelivered, or if the clerk or board of election commissioners is informed of a different address than the one specified by the elector which was apparently improper on the day of the election, the clerk or board shall change the status of the elector from eligible to ineligible on the registration list and mail the elector a notice of the change in status and provide the name to the district attorney for the county where the polling place is located.

AB782, s. 39 Section 39. 6.56 (5) of the statutes is amended to read:

AB782,17,10 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.

AB782, s. 40 Section 40. 6.79 (2) (b) and (c) of the statutes, as affected by 2003 Wisconsin Act 265, are amended to read:

AB782,17,16 6.79 (2) (b) Upon the poll list, after the name of each elector, the officials shall enter a serial number for each elector in the order that votes are cast, beginning with number one. The officials shall enter upon the poll list, after the name of any elector who updates his or her registration under s. 6.55 (1), the updated name of the elector.

AB782,17,24 (c) The officials shall maintain separate lists for electors who are voting under s. 6.15, 6.29, or transferring registrations under s. 6.55 (2) or (3) and electors who are reassigned from another polling place under s. 5.25 (5) (b) and shall enter the full name, address, and serial number of each of these electors on the appropriate separate list. Alternatively, if the poll list is maintained electronically, the officials may enter on the poll list the information that would otherwise appear on a separate list if the information that would be obtainable from a separate list is entered on the poll list.

AB782, s. 41 Section 41. 6.79 (2) (dm) of the statutes is created to read:

AB782,18,4 6.79 (2) (dm) If the elector claims to have registered at an address that is served by the polling place on or before the 14th day preceding the election, but the elector's name does not appear on the poll list, the officials shall offer the elector the opportunity to vote under s. 6.97.

AB782, s. 42 Section 42. 6.79 (4) of the statutes is amended to read:

AB782,18,19 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".

AB782, s. 43 Section 43. 6.85 of the statutes is amended to read:

AB782,18,23 6.85 Absent elector; definition. (1) An absent elector is any otherwise qualified elector who for any reason is unable or unwilling to appear at the polling place in his or her ward.

AB782,19,2 (2) Any otherwise qualified elector who changes residence within this state by moving to a different ward or municipality later than 10 14 days prior to an election may vote an absentee ballot in the ward or municipality where he or she was qualified to vote before moving.

AB782,19,4 (3) An elector qualifying under this section may vote by absentee ballot under ss. 6.86 to 6.89.

AB782, s. 44 Section 44. 6.86 (1) (c) of the statutes is created to read:

AB782,19,13 6.86 (1) (c) If an elector other than a military elector applies for an absentee ballot for an election at the office of the municipal clerk after the 14th day preceding the election and the elector claims to have registered at an address that is located in the municipality on or before the 14th day preceding the election, but the elector's name does not appear on the registration list, the municipal clerk shall offer the elector the opportunity to vote under s. 6.97. If the individual chooses to vote under s. 6.97, the municipal clerk shall mark on the certificate envelope an indication that the elector's name does not appear on the registration list.

AB782, s. 45 Section 45. 6.86 (3) (a) 1. of the statutes is renumbered 6.86 (3) (a).

AB782, s. 46 Section 46. 6.86 (3) (a) 2. of the statutes is repealed.

AB782, s. 47 Section 47. 6.86 (3) (b) of the statutes is amended to read:

AB782,19,24 6.86 (3) (b) When each properly executed form and statement required under par. (a) is presented to the municipal clerk, if the elector who proposes to vote is qualified, an absentee ballot shall be issued and the name of such hospitalized elector shall be recorded by the clerk or special registration deputy. An agent who is issued an absentee ballot under this section shall present documentation of his or her identity, provide his or her name and address, and attest to a statement that the ballot is received solely for the benefit of a named elector who is hospitalized, and the agent will promptly transmit the ballot to such person.

AB782, s. 48 Section 48. 6.86 (3) (c) of the statutes is amended to read:

AB782,20,12 6.86 (3) (c) An application under par. (a) 1. this subsection may be made and a registration form under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier than 7 days before an election and not later than 5 p.m. on the day of the election. A list of hospitalized electors applying for ballots under par. (a) 1. this subsection shall be made by the municipal clerk and used to check that the electors vote only once, and by absentee ballot. If identification is required, the municipal clerk shall so inform the agent and the elector shall enclose identification in the envelope with the ballot. The ballot shall be sealed by the elector and returned to the municipal clerk either by mail or by personal delivery of the agent; but if the ballot is returned on the day of the election, the agent shall make personal delivery at the polling place serving the hospitalized elector's residence before the closing hour for the ballot to be counted.

AB782, s. 49 Section 49. 6.87 (2) (form) of the statutes is amended to read:

AB782,20,14 6.87 (2) (form)

AB782,20,15 [STATE OF ....

AB782,20,16 County of ....]

AB782,20,17 or

AB782,20,18 [(name of foreign country and city or other jurisdictional unit)]

AB782,21,6 I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of the .... aldermanic district in the city of ...., residing at ....* in said city, the county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at the election to be held on ....; that I am not voting at any other location in this election; that I am unable or unwilling to appear at the polling place in the (ward) (election district) on election day or have changed my residence within the state from one ward or election district to another within 10 14 days before the election. I certify that I exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her) presence and in the presence of no other person marked the ballot and enclosed and sealed the same in this envelope in such a manner that no one but myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could know how I voted.

AB782,21,7 Signed ....

AB782,21,8 Identification serial number, if any: ....

AB782,21,9 The witness shall execute the following:

AB782,21,14 I, the undersigned witness, subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, certify that the above statements are true and the voting procedure was executed as there stated. I am not a candidate for any office on the enclosed ballot (except in the case of an incumbent municipal clerk). I did not solicit or advise the elector to vote for or against any candidate or measure.

AB782,21,15 ....(Name)

AB782,21,16 ....(Address)**

AB782,21,18 * — An elector who provides an identification serial number issued under s. 6.47 (3), Wis. Stats., need not provide a street address.

AB782,21,20 ** — If this form is executed before 2 special voting deputies under s. 6.875 (6), Wis. Stats., both deputies shall witness and sign.

AB782, s. 50 Section 50. 6.94 of the statutes is amended to read:

AB782,22,12 6.94 Challenged elector oath. If the person challenged refuses to answer fully any relevant questions put to him or her by the inspector under s. 6.92, the inspectors shall reject the elector's vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the inspectors shall administer to the person the following oath or affirmation: "You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 14 days have been a resident of this ward except under s. 6.02 (2); you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election". If the person challenged refuses to take the oath or affirmation, the person's vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the inspector under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person's vote shall be received.

AB782, s. 51 Section 51. 6.97 (1) of the statutes is amended to read:

AB782,23,21 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. Whenever any individual appears to vote at a polling place and claims to be registered at an address served by the polling place on or before the 14th day preceding the election but the elector's name does not appear on the poll list for that polling place, the inspectors shall similarly offer the opportunity for the elector 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, or that the elector claims to be properly registered to vote in the election, but the elector's name does not appear on the poll list. 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 or may provide proof of timely registration to the municipal clerk or executive director of the 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 and the reason why the individual is voting under this section. The inspectors shall then place the ballot inside the envelope and place the envelope in a separate carrier envelope.

AB782, s. 52 Section 52. 6.97 (2) of the statutes is amended to read:

AB782,24,17 6.97 (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 treat the ballot as a provisional ballot under this section. Whenever any individual other than a military elector applies for an absentee ballot for an election at the office of the municipal clerk after the 14th day preceding the election, and the elector claims to be properly registered to vote in the election but the elector's name does not appear on the registration list for the municipality, the inspectors shall similarly treat the ballot as a provisional ballot under this section. Upon removing the ballot from the envelope, 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, or that the elector claims to be properly registered to vote in the election at an address served by the polling place, but the elector's name does not appear on the poll list. 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.

AB782, s. 53 Section 53. 6.97 (3) of the statutes is renumbered 6.97 (3) (a) and amended to read:

AB782,25,20 6.97 (3) (a) 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's name does not appear on the registration list at the address where the elector resides, the elector bears the burden of providing proof of timely registration for the election. If a question arises as to whether an elector was registered at an address where the elector resides on or before the 14th day preceding an election, the elector may establish that he or she was properly registered to vote by submitting to the municipal clerk a first class letter or postcard that was received by the elector under s. 6.32 (4) showing a timely registration date or by demonstrating from municipal records that he or she has voted at the address where he or she now resides during the 4-year period preceding the election and submitting to the municipal clerk a statement signed by the elector affirming that the elector has not changed his or her residence since the date that the elector last voted at that residence. The municipal clerk or executive director shall make a record of the procedure used to determine the validity of each ballot. 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.

AB782, s. 54 Section 54. 6.97 (3) (b) of the statutes is created to read:

AB782,26,2 6.97 (3) (b) A ballot cast under this section by an elector whose name does not appear on the registration list at the address where the elector resides shall not be counted unless the municipal clerk or executive director of the board of election commissioners provides timely notification that the elector was properly registered to vote in the election at the address where the elector resides on the 14th day preceding that election

AB782, s. 55 Section 55. 7.03 (1) (d) of the statutes is amended to read:

AB782,26,8 7.03 (1) (d) Except as otherwise provided in par. (a), special registration deputies appointed under s. 6.55 (6), special voting deputies appointed under s. 6.875 (4) and officials and trainees who attend training sessions under s. 7.15 (1) (e) or 7.25 (5) may be compensated by the municipality where they serve at the option of the municipality.

AB782, s. 56 Section 56. 7.08 (1) (c) of the statutes is amended to read:

AB782,26,14 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1), 6.40 (1) (a), 6.47 (1) (a) 2. and (3), 6.55 (2) and (3), and 6.86 (2) and (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.

AB782, s. 57 Section 57. 7.30 (2) (a) of the statutes, as affected by 2005 Wisconsin Act 27, is amended to read:

AB782,27,16 7.30 (2) (a) Only election officials appointed under this section may conduct an election. Except as otherwise provided in this paragraph and in s. 7.15 (1) (k), each election official shall be a qualified elector of the ward or wards, or the election district, for which the polling place is established. A special registration deputy who is appointed under s. 6.55 (6) or an An election official who is appointed to fill a vacancy under par. (b) need not be a resident of the ward or wards, or the election district, but shall be a resident of the municipality, except that if a municipal clerk or deputy clerk serves as a registration deputy or is appointed to fill a vacancy under par. (b), the clerk or deputy clerk need not be a resident of the municipality, but shall be a resident of the state. No more than 2 individuals holding the office of clerk or deputy clerk may serve without regard to municipal residency in any municipality at any election. Special registration deputies may be appointed to serve more than one polling place. All officials shall be able to read and write the English language, be capable, and be of good understanding, and may not be a candidate for any office to be voted for at an election at which they serve. In 1st class cities, they may hold no public office other than notary public. Except as authorized under sub. (4) (c), all inspectors shall be affiliated with one of the 2 recognized political parties which received the largest number of votes for president, or governor in nonpresidential general election years, in the ward or combination of wards served by the polling place at the last election. The party which received the largest number of votes is entitled to one more inspector than the party receiving the next largest number of votes at each polling place. The same election officials may serve the electors of more than one ward where wards are combined under s. 5.15 (6) (b). If a municipality is not divided into wards, the ward requirements in this paragraph apply to the municipality at large.

AB782, s. 58 Section 58. 12.13 (3) (v) of the statutes is amended to read:

AB782,27,20 12.13 (3) (v) Corroborate any information offered by a proposed elector for the purpose of permitting the person to register to vote, to transfer his or her registration or to vote in any election, knowing such information to be false.

AB782, s. 59 Section 59. Initial applicability.

AB782,27,22 (1) This act first applies with respect to the 2006 spring primary election.

AB782, s. 60 Section 60. Effective date.

AB782,27,24 (1) This act takes effect on January 1, 2006.

AB782,27,25 (End)