AB808: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB808, s. 1 Section 1. 5.02 (6s) of the statutes is created to read:

AB808,5,2 5.02 (6s) "Identifying document" means:

AB808,5,3 (a) In the case of an individual who votes in person at a polling place:

AB808,5,7 1. A valid operator's license issued to the individual under ch. 343, a valid, current identification card issued to the individual by a tribal governing body or a U.S. uniformed service, or a valid identification card issued to the individual under s. 343.50.

AB808,5,9 2. If the individual cannot provide any of the documents specified in subd. 1., acceptable proof of residence under s. 6.55 (7).

AB808,5,13 3. If the individual cannot provide any of the documents specified in subds. 1. and 2., the last 4 digits of the individual's social security account number, together with an affidavit signed by the individual containing the individual's name and current voting residence and swearing that the name and residence are correct.

AB808,5,15 (b) In the case of an individual who votes by absentee ballot, a copy of a document specified in par. (a) 1. to 3.

AB808, s. 2 Section 2. 5.02 (24c) of the statutes is created to read:

AB808,5,18 5.02 (24c) "Tribal governing body" means a federally recognized tribal governing body in this state.

AB808, s. 3 Section 3. 5.35 (6) (a) 2. of the statutes is amended to read:

AB808,6,3 5.35 (6) (a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3) (intro), (d), (f), (g), (k), (L), (o), (q), (r), (u), (v) and (x), together with the applicable penalties provided in s. 12.60 (1).

AB808, s. 4 Section 4. 5.35 (6) (a) 4a. of the statutes is amended to read:

AB808,6,7 5.35 (6) (a) 4a. Instructions prescribed by the board for electors for whom an identifying document is required under s. 6.79 (2) or for whom identification is required under s. 6.36 (2) (c) 2.

AB808, s. 5 Section 5. 6.15 (2) (bm) of the statutes is created to read:

AB808,6,12 6.15 (2) (bm) When making application in person at the office of the municipal clerk, each applicant shall present an identifying document. If any document presented by the applicant is not acceptable proof of residence under s. 6.55 (7), the applicant shall also present acceptable proof of residence under s. 6.55 (7).

AB808, s. 6 Section 6. 6.15 (2) (d) 1g. of the statutes is created to read:

AB808,6,18 6.15 (2) (d) 1g. If the elector makes application in person at the office of the municipal clerk, the clerk shall verify that the name on any identifying document provided by the elector under par. (bm) is the same as the name on the elector's application and shall verify that any photograph appearing on that document reasonably resembles the elector.

AB808, s. 7 Section 7. 6.15 (2) (d) 1r. of the statutes is amended to read:

AB808,7,5 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card, the municipal clerk shall require the elector to provide acceptable proof of residence under s. 6.55 (7). If the elector cannot provide acceptable 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. 6.55 (7) 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.

AB808, s. 8 Section 8. 6.15 (3) of the statutes is amended to read:

AB808,7,23 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 acceptable proof of residence under s. 6.55 (7) or providing corroboration of residence compliance with sub. (2) (d) 1g., 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.

AB808, s. 9 Section 9. 6.22 (2) (b) of the statutes is amended to read:

AB808,8,3 6.22 (2) (b) Notwithstanding s. 6.87 (4) (b), a military elector shall make and subscribe to the certification under s. 6.87 (2) before a witness who is an adult U.S. citizen.

AB808, s. 10 Section 10. 6.24 (4) (d) of the statutes is amended to read:

AB808,8,12 6.24 (4) (d) An overseas elector who is not registered may request both a registration form and an absentee ballot at the same time, and the municipal clerk shall send the ballot automatically if the registration form is received within the time prescribed in s. 6.28 (1). The board shall prescribe a special certificate form for the envelope in which the absentee ballot for overseas electors is contained, which shall be substantially similar to that provided under s. 6.87 (2). Notwithstanding s. 6.87 (4) (b), an overseas elector shall make and subscribe to the special certificate form before a witness who is an adult U.S. citizen.

AB808, s. 11 Section 11. 6.29 (1) of the statutes is amended to read:

AB808,8,19 6.29 (1) No names may be added to a registration list for any election after the close of registration, except as authorized under this section or s. 6.28 (1), 6.55 (2), or 6.86 (3) (a) 2. Any person whose name is not on the registration list but who is otherwise a qualified elector is entitled to vote at the election upon compliance with this section, if the person complies with all other requirements for voting at the polling place.

AB808, s. 12 Section 12. 6.29 (2) (a) of the statutes is amended to read:

AB808,9,13 6.29 (2) (a) Any qualified elector of a municipality who has not previously filed a registration form or whose name does not appear on the registration list of the municipality may register after the close of registration but not later than 5 p.m. or the close of business, whichever is later, on the day before an election at the office of the municipal clerk and at the office of the clerk's agent if the clerk delegates responsibility for electronic maintenance of the registration list to an agent under s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2), a registration form containing all information required under s. 6.33 (1). The registration form shall also contain the following certification: "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 days immediately preceding this election, and I have not voted at this election." The elector shall also provide acceptable proof of residence under s. 6.55 (7). Alternatively, if the elector is unable to provide acceptable proof of residence under s. 6.55 (7), the information contained in the registration form shall be corroborated in a statement that is signed by any other elector of the municipality and that contains the current street address of the corroborating elector. The corroborating elector shall then provide acceptable proof of residence under s. 6.55 (7).

AB808, s. 13 Section 13. 6.29 (2) (am) of the statutes is created to read:

AB808,9,25 6.29 (2) (am) The board shall provide to each municipal clerk a list prepared for use at each municipal clerk's office showing the name and address of each person whose name appears on the list provided by the department of corrections under s. 301.03 (20) as ineligible to vote on the date of the election, whose address is located in the municipality, and whose name does not appear on the registration list for that municipality. Prior to permitting an elector to register to vote under this subsection, the municipal clerk shall review the list. If the name of an elector who wishes to register to vote appears on the list, the municipal clerk shall inform the elector that the elector is ineligible to register to vote. If the elector maintains that he or she is eligible to vote in the election, the municipal clerk shall permit the elector to register to vote but shall mark the elector's registration form as "ineligible to vote per Department of Corrections." If the elector wishes to vote, the municipal clerk shall challenge the elector's ballot in the same manner as provided for inspectors who challenge ballots under s. 6.79 (2) (dm).

AB808, s. 14 Section 14. 6.33 (1) of the statutes, as affected by 2003 Wisconsin Act 265, section 49b, is amended to read:

AB808,11,2 6.33 (1) The municipal clerk shall supply sufficient registration forms as prescribed by the board printed on loose-leaf sheets or cards to obtain from each applicant information as to name; date; residence location; citizenship; date of birth; age; the number of a valid operator's license issued to the elector under ch. 343 or the last 4 digits of the elector's social security account number; whether the applicant has resided within the ward or election district for at least 10 days; whether the applicant has lost his or her right to vote been convicted of a felony for which he or she has not been pardoned, and if so, whether the applicant is incarcerated, or on parole, probation, or extended supervision; whether the application is disqualified on any other ground from voting; and whether the applicant is currently registered to vote at any other location. The forms shall also provide a space for the applicant's signature and the ward and aldermanic district, if any, where the elector resides and any other information required to determine the offices and referenda for which the elector is certified to vote. The forms shall also include a space where the clerk may record an indication of whether the form is received by mail and a space where the clerk, for any applicant who possesses a valid voting identification card issued to the person under s. 6.47 (3), may record the identification serial number appearing on the voting identification card. Each register of deeds shall obtain sufficient registration forms at the expense of the unit of government by which he or she is employed for completion by any elector who desires to register to vote at the office of the register of deeds under s. 6.28 (3).

AB808, s. 15 Section 15. 6.33 (2) (b) of the statutes is amended to read:

AB808,11,8 6.33 (2) (b) Except as provided in s. 6.86 (3) (a) 2., the registration form shall be signed by the registering elector and any corroborating elector under s. 6.29 (2) (a) or 6.55 (2) before the clerk, issuing officer or registration deputy. The form shall contain a certification by the registering elector that all statements are true and correct.

AB808, s. 16 Section 16. 6.33 (5) (a) of the statutes is amended to read:

AB808,11,20 6.33 (5) (a) Except as provided in par. (b), whenever a municipal clerk receives a valid registration or valid change of a name or address under an existing registration and whenever a municipal clerk changes a registration from eligible to ineligible status, the municipal clerk shall promptly enter electronically on the list maintained by the board under s. 6.36 (1) the information required under that subsection, except that the municipal clerk may update any entries that change on the date of an election in the municipality within 30 days after that date, and the municipal clerk shall provide to the board information that is confidential under s. 6.47 (2) in such manner as the board prescribes. If an elector registers after the close of registration for an election, the municipal clerk shall enter a notation to that effect indicating the date of registration.

AB808, s. 17 Section 17. 6.36 (1) (a) of the statutes is amended to read:

AB808,12,11 6.36 (1) (a) The board shall compile and maintain electronically an official registration list. The list shall contain the name and address of each registered elector in the state, the date of birth of the elector, the ward and aldermanic district of the elector, if any, and, for each elector, a unique registration identification number assigned by the board, the number of a valid operator's license issued to the elector under ch. 343, if any, or the last 4 digits of the elector's social security account number, if any, any identification serial number issued to the elector under s. 6.47 (3), the date of any election in which the elector votes, an indication of whether the elector is an overseas elector, as defined in s. 6.24 (1), any information relating to the elector that appears on the list transmitted to the board by the department of corrections under s. 301.03 (20), an indication of any accommodation required under s. 5.25 (4) (a) to permit voting by the elector, an indication of the method by which the elector's registration form was received, and such other information as may be determined by the board to facilitate administration of elector registration requirements.

AB808, s. 18 Section 18. 6.36 (2) (a) of the statutes, as affected by 2003 Wisconsin Act 265, section 58b, is amended to read:

AB808,12,23 6.36 (2) (a) Except as provided in pars. (b) and (c), each registration list prepared for use as a poll list at a polling place shall contain the full name and address of each registered elector; a blank column for the entry of the serial number of the electors when they vote; if the list is prepared for use at an election for national office, an indication next to the name of each elector for whom identification is required under par. (c) 2.; if the elector's name appears on the current list transmitted to the board by the department of corrections under s. 301.03 (20), a notation to that effect; and a form of certificate bearing the certification of the executive director of the board stating that the list is a true and complete registration list of the municipality or the ward or wards for which the list is prepared.

AB808, s. 19 Section 19. 6.55 (2) (a) 1. of the statutes is amended to read:

AB808,13,9 6.55 (2) (a) 1. Except where the procedure under par. (c) or (cm) is employed, any person who qualifies as an elector in the ward or election district where he or she desires to vote, but has not previously filed a registration form, or was registered at another location, may request permission to vote at the polling place for that ward or election district, or at an alternate polling place assigned under s. 5.25 (5) (b). When a proper request is made, the inspector shall require the person to execute a registration form prescribed by the board. The registration form shall be completed in the manner provided under s. 6.33 (2) and shall contain all information required under s. 6.33 (1), together with the following certification:

AB808,13,13 "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 days immediately preceding this election, and that I am not disqualified on any ground from voting, and I have not voted, at this election."

AB808, s. 20 Section 20. 6.55 (2) (b) of the statutes is amended to read:

AB808,14,6 6.55 (2) (b) Upon executing the registration form under par. (a), the elector shall be required by a special registration deputy or inspector to present an identifying document. If any document presented is not acceptable proof of residence under sub. (7), the elector shall also provide acceptable proof of residence under sub. (7). If the elector cannot provide acceptable proof of residence, the information contained in the registration form shall be corroborated in a statement that is signed by any elector who resides in the same municipality as the registering elector and that contains the current street address of the corroborating elector. The corroborator shall then provide acceptable proof of residence as provided in sub. (7). The signing by the elector executing the registration form and by any corroborator shall be in the presence of the special registration deputy or inspector. Upon compliance with this procedure, the elector shall be permitted to cast his or her vote, if the elector complies with all other requirements for voting at the polling place, except that if the elector cannot provide an identifying document, the special registration deputy or inspector shall accept the elector's registration, but shall advise the elector that if the elector wishes to vote, his or her ballot will be challenged under s. 6.92 (1m).

AB808, s. 21 Section 21. 6.55 (2) (c) 1. of the statutes is amended to read:

AB808,15,8 6.55 (2) (c) 1. As an alternative to registration at the polling place under pars. (a) and (b), the board of election commissioners, or the governing body of any municipality may by resolution require a person who qualifies as an elector and who is not registered and desires to register on the day of an election to do so at another readily accessible location in the same building as the polling place serving the elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b), instead of at the polling place serving the elector's residence. In such case, the municipal clerk shall prominently post a notice of the registration location at the polling place. The municipal clerk, deputy clerk or special registration deputy at the registration location shall require such person to execute a registration form as prescribed under par. (a) and to present an identifying document. If any document presented by the person is not acceptable proof of residence under sub. (7), the person shall also provide acceptable proof of residence as provided under sub. (7). If the elector cannot provide acceptable proof of residence, the information contained in the registration form shall be corroborated in the manner provided in par. (b). The signing by the elector person executing the registration form and by any corroborator, except as provided under par. (a) shall be in the presence of the municipal clerk, deputy clerk, or special registration deputy. Upon Except as provided in this subdivision, upon proper completion of registration, the municipal clerk, deputy clerk, or special registration deputy shall serially number the registration and give one copy to the elector person for presentation at the polling place serving the elector's person's residence or an alternate polling place assigned under s. 5.25 (5) (b). If the elector cannot provide an identifying document, the municipal clerk, deputy clerk, or special registration deputy shall accept the elector's registration, but shall advise the elector that if the elector wishes to vote, his or her ballot will be challenged under s. 6.92 (1m).

AB808, s. 22 Section 22. 6.55 (2) (c) 2. of the statutes is amended to read:

AB808,15,18 6.55 (2) (c) 2. Upon compliance with completion of the procedures under subd. 1., the municipal clerk or deputy clerk shall issue a certificate addressed to the inspectors of the proper polling place directing that the elector be permitted to cast his or her vote if the elector complies with all requirements for voting at the polling place. The clerk shall enter the name and address of the elector on the face of the certificate. If the elector's registration is corroborated, the clerk shall also enter the name and address of the corroborator on the face of the certificate. The certificate shall be numbered serially and prepared in duplicate. The municipal clerk shall preserve one copy in his or her office.

AB808, s. 23 Section 23. 6.55 (2) (cs) of the statutes is created to read:

AB808,16,9 6.55 (2) (cs) The board shall provide to each municipal clerk a list prepared for use at each polling place showing the name and address of each person whose name appears on the list provided by the department of corrections under s. 301.03 (20) as ineligible to vote on the date of the election, whose address is located in the area served by that polling place, and whose name does not appear on the poll list for that polling place. Prior to permitting an elector to register to vote under this subsection or s. 6.86 (3) (a) 2., the special registration deputies shall review the list. If the name of an elector who wishes to register to vote appears on the list, the special registration deputies shall inform the elector or the elector's agent that the elector is ineligible to register to vote. If the elector or the elector's agent maintains that the elector is eligible to vote in the election, the special registration deputies shall permit the elector to register but shall mark the elector's registration form as "ineligible to vote per Department of Corrections." If the elector wishes to vote, the inspectors shall require the elector to vote by ballot and shall challenge the ballot as provided in s. 6.79 (2) (dm).

AB808, s. 24 Section 24. 6.55 (3) of the statutes is renumbered 6.55 (3) (a) and amended to read:

AB808,17,8 6.55 (3) (a) Any qualified elector in the ward or election district where the elector desires to vote whose name does not appear on the registration list but who claims to be registered to vote in the election may request permission to vote at the polling place for that ward or election district. When the request is made, the inspector shall require the person to give his or her name and address. If the elector is not at the polling place which serves the ward or election district where the elector resides, the inspector shall provide the elector with directions to the correct polling place. If the elector is at the correct polling place, the elector shall then execute the following written statement: "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 days immediately preceding this election, and that I am not disqualified on any ground from voting, and I have not voted at this election and am properly registered to vote in this election." The person shall be required to provide acceptable proof of residence as provided under sub. (7) and shall then be given the right to vote. If the elector cannot provide acceptable proof of residence, the statement shall be certified by the elector and shall be corroborated in a statement that is signed by any other elector who resides in the municipality and that contains the current street address of the corroborating elector. The corroborator shall then provide acceptable proof of residence as provided in sub. (7). Whenever the question of identity or residence cannot be satisfactorily resolved and the elector cannot be permitted to vote, an inspector shall telephone the office of the municipal clerk to reconcile the records at the polling place with those at the office.

AB808, s. 25 Section 25. 6.55 (3) (b) of the statutes is created to read:

AB808,17,16 6.55 (3) (b) Prior to permitting an elector to vote under this subsection, the inspectors shall review the list provided by the board under sub. (2) (cs). If the name of the elector appears on the list, the inspectors shall inform the elector that he or she is ineligible to vote at the election. If the elector maintains that he or she is eligible to vote in the election, the inspectors shall permit the elector to vote, but shall require the elector to vote by ballot, and shall challenge the ballot as provided in s. 6.79 (2) (dm).

AB808, s. 26 Section 26. 6.56 (3m) of the statutes is created to read:

AB808,18,3 6.56 (3m) As soon as possible after all information relating to registrations after the close of registration for an election is entered on the registration list following the election under s. 6.33 (5) (a), the board shall compare the list of new registrants with the list containing the names transmitted to the board by the department of corrections under s. 301.03 (20) as of election day but whose names do not appear on the poll lists for the election because the names were added after the board certified the poll lists for use at the election. If the board finds that the name of any person whose name appears on the list transmitted under s. 301.03 (20) has been added to the registration list, the board shall enter on the list the information transmitted to the board under s. 301.03 (20) and shall notify the district attorney that the person appears to have voted illegally at the election.

AB808, s. 27 Section 27. 6.56 (5) of the statutes is repealed.

AB808, s. 28 Section 28. 6.79 (2) (a) and (d) of the statutes, as affected by 2003 Wisconsin Act 265, section 96, are amended to read:

AB808,18,16 6.79 (2) Voting procedure. (a) Unless information on the poll list is entered electronically, the municipal clerk shall supply the inspectors with 2 copies of the most current official registration list or lists prepared under s. 6.36 (2) (a) for use as poll lists at the polling place. Except as provided in sub. subs. (6) and (7) , each person elector, before receiving a serial number, shall state his or her full name and address and present to the officials an identifying document. If the elector cannot provide an identifying document, the inspectors shall permit the elector to vote but shall challenge the elector's ballot under s. 6.92 (1m). The officials shall also verify that the name and address provided stated by the person elector are the same as the person's elector's name and address on the poll list.

AB808,18,23 (d) If the poll list indicates that identification is required and the document provided by the elector under par. (a) does not constitute identification, the officials shall require the elector to provide identification. If identification is provided, the officials shall verify that the name and address on the identification provided is the same as the name and address shown on the registration list. If identification is required and not provided, the officials shall offer the opportunity for the elector to vote under s. 6.97.

AB808, s. 29 Section 29. 6.79 (2) (dm) of the statutes is created to read:

AB808,19,7 6.79 (2) (dm) If the poll list indicates that the elector is ineligible to vote because the elector's name appears on the current list provided by the department of corrections under s. 301.03 (20), the inspectors shall inform the elector of this fact. If the elector maintains that he or she is eligible to vote in the election, the inspectors shall provide the elector with a ballot and, after the elector casts his or her vote, shall challenge the ballot as provided in s. 6.92 and treat the ballot in the manner provided in s. 6.95.

AB808, s. 30 Section 30. 6.79 (4) of the statutes is amended to read:

AB808,19,22 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".

AB808, s. 31 Section 31. 6.79 (6) of the statutes is amended to read:

AB808,20,6 6.79 (6) Confidential names and addresses. An elector who has a confidential listing under s. 6.47 (2) may present his or her identification card issued under s. 6.47 (3), or give his or her name and identification serial number issued under s. 6.47 (3), in lieu of stating his or her name and address and presenting an identifying document under sub. (2). If the elector's name and identification serial number appear on the confidential portion of the list, the inspectors shall issue a voting serial number to the elector, record that number on the poll list and permit the elector to vote.

AB808, s. 32 Section 32. 6.82 (1) (a) of the statutes is amended to read:

AB808,21,5 6.82 (1) (a) When any inspectors are informed that an elector is at the entrance to the polling place who as a result of disability is unable to enter the polling place, they shall permit the elector to be assisted in marking a ballot by any individual selected by the elector, except the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector. The Except as authorized in s. 6.79 (6) and this paragraph, the individual selected by the elector shall present to the inspectors an identifying document and, if the identifying document does not constitute identification, shall also provide identification for the assisted elector, whenever required, and all other information necessary for the elector to obtain a ballot under s. 6.79 (2). If the individual cannot provide an identifying document on behalf of the elector, the inspectors shall permit the elector to vote, but shall challenge the elector's ballot under s. 6.92 (1m). The inspectors shall issue a ballot to the individual selected by the elector and shall accompany the individual to the polling place entrance where the assistance is to be given. If the ballot is a paper ballot, the assisting individual shall fold the ballot after the ballot is marked by the assisting individual. The assisting individual shall then immediately take the ballot into the polling place and give the ballot to an inspector. The inspector shall distinctly announce that he or she has "a ballot offered by .... (stating person's name), an elector who, as a result of disability, is unable to enter the polling place without assistance". The inspector shall then ask, "Does anyone object to the reception of this ballot?" If no objection is made, the inspectors shall record the elector's name under s. 6.79 and deposit the ballot in the ballot box, and shall make a notation on the poll list: "Ballot received at poll entrance".

AB808, s. 33 Section 33. 6.86 (1) (a) 5. of the statutes is amended to read:

AB808,21,8 6.86 (1) (a) 5. By delivering an application to a special voting deputy under s. 6.873 (4) or 6.875 (6).

AB808, s. 34 Section 34. 6.86 (1) (ar) of the statutes is amended to read:

AB808,21,14 6.86 (1) (ar) Except as authorized in s. ss. 6.873 (3) (b) and 6.875 (6), the municipal clerk shall not issue an absentee ballot unless the clerk receives a written application therefor from a qualified elector of the municipality. The clerk shall retain each absentee ballot application until destruction is authorized under s. 7.23 (1).

AB808, s. 35 Section 35. 6.86 (1) (ar) of the statutes is amended to read:

AB808,22,2 6.86 (1) (ar) Except as authorized in s. 6.875 (6), the municipal clerk shall not issue an absentee ballot unless the clerk receives a written application therefor from a qualified elector of the municipality. The clerk shall retain each absentee ballot application until destruction is authorized under s. 7.23 (1). Except as authorized in s. 6.79 (6) and this paragraph, if an elector applies for an absentee ballot in person at the clerk's office, the clerk shall not issue the elector an absentee ballot unless the elector presents an identifying document. If the elector cannot provide an identifying document on behalf of the elector, the clerk shall permit the elector to cast his or her ballot, but shall advise the elector that his or her ballot will be challenged under s. 6.92 (1m). The clerk shall make a copy of any document presented by the elector and shall enclose the copy in the certificate envelope.

AB808, s. 36 Section 36. 6.86 (3) (a) 1. of the statutes is amended to read:

AB808,22,17 6.86 (3) (a) 1. Any elector who is registered and who is hospitalized, may apply for and obtain an official ballot by agent. The agent may apply for and obtain a ballot for the hospitalized absent elector by presenting a form prescribed by the board and containing the required information supplied by the hospitalized elector and signed by that elector and any other elector residing in the same municipality as the hospitalized elector, corroborating the information contained therein. The corroborating elector shall state on the form his or her full name and address. Except as authorized for an elector who has a confidential listing under s. 6.47 (2) and this subdivision, the agent shall present an identifying document. If the agent cannot provide an identifying document on behalf of the elector, the clerk shall permit the agent to cast ballot on behalf of the elector, but shall advise the agent that the elector's ballot will be challenged under s. 6.92 (1m). The clerk shall make a copy of any document presented by the agent and shall enclose the copy in the certificate envelope.

AB808, s. 37 Section 37. 6.86 (3) (a) 2. of the statutes is amended to read:

AB808,23,10 6.86 (3) (a) 2. If a hospitalized elector is not registered, the elector may register by agent under this subdivision at the same time that the elector applies for an official ballot by agent under subd. 1. To register the elector under this subdivision, the agent shall present a completed registration form that contains the required information supplied by the elector and the elector's signature, unless the elector is unable to sign due to physical disability. In this case, the elector may authorize another elector to sign on his or her behalf. Any elector signing a form on another elector's behalf shall attest to a statement that the application is made on request and by authorization of the named elector, who is unable to sign the form due to physical disability. The agent shall present this statement along with all other information required under this subdivision. Except as otherwise provided in this subdivision, the The agent shall in every case provide acceptable proof of the elector's residence under s. 6.55 (7). If the agent cannot present this proof, the registration form shall be signed and substantiated by another elector residing in the elector's municipality of residence, corroborating the information in the form. The form shall contain the full name and address of the corroborating elector. The agent shall then present acceptable proof of the corroborating elector's residence under s. 6.55 (7).

AB808, s. 38 Section 38. 6.869 of the statutes, as created by 2003 Wisconsin Act 265, is amended to read:

AB808,23,17 6.869 Uniform instructions. The board shall prescribe uniform instructions for absentee voters. The instructions shall include information concerning whether identification is required under s. 6.87 (4) or an identifying document is required under s. 6.86 (1) (ar) and information concerning whether a copy of identification is required to be submitted and, if so, the form of identification that is required.

AB808, s. 39 Section 39. 6.87 (3) (d) of the statutes is amended to read:

AB808,24,12 6.87 (3) (d) A municipal clerk of a municipality may, if the clerk is reliably informed by an absent elector of a facsimile transmission number or electronic mail address where the elector can receive an absentee ballot, transmit a facsimile or electronic copy of the absent elector's ballot to that elector in lieu of mailing under this subsection if, in the judgment of the clerk, the time required to send the ballot through the mail may not be sufficient to enable return of the ballot by the time provided under sub. (6). An elector may receive an absentee ballot under this subsection only if the elector has filed a valid application for the ballot under sub. (1). If the clerk transmits an absentee ballot under this paragraph, the clerk shall also transmit a facsimile or electronic copy of the text of the material that appears on the certificate envelope prescribed in sub. (2), together with instructions prescribed by the board. The instructions shall require the absent elector to make and subscribe to the certification as required under sub. (4) (b) and to enclose the absentee ballot in a separate envelope contained within a larger envelope, that shall include the completed certificate. The elector shall then mail the absentee ballot with postage prepaid to the municipal clerk. Except as authorized in s. 6.97 (2), an absentee ballot received under this paragraph shall not be counted unless it is cast in the manner prescribed in this paragraph and in accordance with the instructions provided by the board.

AB808, s. 40 Section 40. 6.87 (4) of the statutes, as affected by 2003 Wisconsin Act 265, section 112a, is renumbered 6.87 (4) (b) 1. and amended to read:

AB808,25,16 6.87 (4) (b) 1. Except as otherwise provided in s. 6.875, the elector voting absentee shall make and subscribe to the certification before one witness. The absent elector, in the presence of the witness, shall mark the ballot in a manner that will not disclose how the elector's vote is cast. The elector shall then, still in the presence of the witness, fold the ballots so each is separate and so that the elector conceals the markings thereon and deposit them in the proper envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that the elector conceals the markings thereon and deposit the ballot in the proper envelope. Except as authorized in subds. 2. to 4. and s. 6.875 (6) and this subdivision and notwithstanding s. 343.43 (1) (f), the elector shall enclose a copy of the identifying document under s. 6.86 (1) (ar) in the envelope, unless the elector is a military elector or an overseas elector or the elector has a confidential listing under s. 6.47 (2). If the elector has registered by mail and has not, or is not certain whether the elector has, previously voted in an election for national office in this state identification is required and the document enclosed by the elector under this subdivision does not constitute identification, the elector shall also enclose identification in the envelope. Identification is required if the elector is not a military elector or an overseas elector, as defined in s. 6.36 (2) (c), and the elector registered by mail and has not voted in an election for national office in this state. The elector may receive assistance under sub. (5). The return envelope shall then be sealed. The witness may not be a candidate. The envelope shall be mailed by the elector, postage prepaid, or delivered in person, to the municipal clerk issuing the ballot or ballots. Failure to return an unused ballot in a primary does not invalidate the ballot on which the elector's votes are cast. Return of more than one marked ballot in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an electronic voting system in a primary which is marked for candidates of more than one party invalidates all votes cast by the elector for candidates in the primary.

AB808, s. 41 Section 41. 6.87 (4) (a) of the statutes is created to read: