SB612: Bill Text

SB612, s. 49 Section 49. 6.55 (2) (a) 1. (form) of the statutes is amended to read:

SB612,42,4 6.55 (2) (a) 1. (form)

SB612,42,8 "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."

SB612, s. 50 Section 50. 6.55 (2) (b) of the statutes is amended to read:

SB612,42,25 6.55 (2) (b) Upon executing the registration form under par. (a), the elector shall provide acceptable proof of residence under sub. (7) s. 6.34. 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) s. 6.34. If the elector is registering to vote in the general election and the elector presents a valid driver's license issued by another state, the inspector or deputy shall record on a separate list the name and address of the elector, the name of the state, and the license number and expiration date of the license. 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 who shall then print his or her name on and sign the form, indicating that the deputy or inspector has accepted the form. 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.

SB612, s. 51 Section 51. 6.55 (2) (c) 1. of the statutes is amended to read:

SB612,44,3 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 The elector who desires to register shall execute a registration form as prescribed under par. (a) and to provide acceptable proof of residence as provided under sub. (7) s. 6.34. 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). If the elector is registering to vote in the general election and the elector presents a valid driver's license issued by another state, the municipal clerk, deputy clerk, or special registration deputy shall record on a separate list the name and address of the elector, the name of the state, and the license number and expiration date of the license. The signing by the elector executing the registration form and by any corroborator shall be in the presence of the municipal clerk, deputy clerk or special registration deputy. The municipal clerk, the deputy clerk, or the special registration deputy shall then print his or her name and sign the form, indicating that the clerk, deputy clerk, or deputy has accepted the form. 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 for presentation at the polling place serving the elector's residence or an alternate polling place assigned under s. 5.25 (5) (b).

SB612, s. 52 Section 52. 6.55 (2) (cs) of the statutes is created to read:

SB612,44,19 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 inspectors or special registration deputies shall review the list. If the name of an elector who wishes to register to vote appears on the list, the inspectors or 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 inspectors or 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).

SB612, s. 53 Section 53. 6.55 (3) of the statutes is renumbered 6.55 (3) (a) and amended to read:

SB612,45,18 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 complete registration as provided in sub. (2).

SB612, s. 54 Section 54. 6.55 (3) (b) of the statutes is created to read:

SB612,46,2 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).

SB612, s. 55 Section 55 . 6.55 (7) of the statutes is repealed.

SB612, s. 56 Section 56. 6.56 (1) of the statutes is amended to read:

SB612,46,7 6.56 (1) The list containing the names of persons voting under ss. 6.29 and 6.55 (2) and (3) shall be returned together with all forms and certificates to the municipal clerk.

SB612, s. 57 Section 57. 6.56 (2) of the statutes is repealed.

SB612, s. 58 Section 58. 6.56 (3) of the statutes is amended to read:

SB612,46,25 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 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. unless the clerk or board of election commissioners receives notice from the board under sub. (7) that the board will perform the audit. 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, or elections board 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, or elections board 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 of election commissioners, or elections 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 of the elector to the district attorney for the county where the polling place is located.

SB612, s. 59 Section 59. 6.56 (3m) of the statutes is created to read:

SB612,47,12 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 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 with the list containing the names transmitted to the board by the department of corrections under s. 301.03 (20) as of election day. 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.

SB612, s. 60 Section 60. 6.56 (4) of the statutes is amended to read:

SB612,47,23 6.56 (4) After each election, the municipal clerk shall carefully check perform an audit to assure that no person has been allowed to vote more than once. Whenever the municipal clerk has good reason to believe that a person has voted more than once in an election, the clerk shall send the person a 1st class letter marked in accordance with postal regulations to ensure that it will be returned to the clerk if the elector does not reside at the address given on the letter. The letter shall inform the person that all registrations relating to that person may be changed from eligible to ineligible status within 7 days unless the person contacts the office of the clerk to clarify the matter. A copy of the letter and of any subsequent information received from or about the addressee shall be sent to the district attorney.

SB612, s. 61 Section 61. 6.56 (5) of the statutes is amended to read:

SB612,48,7 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.

SB612, s. 62 Section 62. 6.56 (7) of the statutes is created to read:

SB612,48,13 6.56 (7) The board may elect to perform the duties of municipal clerks to conduct the audits required under subs. (3) and (4) for any election on behalf of all municipalities in the state. If the board so elects, the board shall, no later than the date of the election for which the audits will be performed, notify the municipal clerk of each municipality that the board will perform the audits.

SB612, s. 63 Section 63. 6.79 (2) (d) of the statutes, as affected by 2003 Wisconsin Act 265, section 96, is amended to read:

SB612,48,22 6.79 (2) (d) The poll list indicates that identification proof of residence under s. 6.34 is required, the officials shall require the elector to provide identification proof of residence. If identification proof of residence is provided, the officials shall verify that the name and address on the identification document submitted as proof of residence provided is the same as the name and address shown on the registration list. If identification proof of residence is required and not provided, the officials shall offer the opportunity for the elector to vote under s. 6.97.

SB612, s. 64 Section 64. 6.79 (2) (dm) of the statutes is created to read:

SB612,49,5 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.

SB612, s. 65 Section 65. 6.79 (4) of the statutes is amended to read:

SB612,49,20 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".

SB612, s. 66 Section 66. 6.82 (1) (a) of the statutes is amended to read:

SB612,50,15 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 individual selected by the elector shall provide identification proof of residence under s. 6.34 for the assisted elector, whenever required, and all other information necessary for the elector to obtain a ballot under s. 6.79 (2). 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".

SB612, s. 67 Section 67. 6.855 of the statutes is created to read:

SB612,51,7 6.855 Alternate absentee ballot site. (1) The governing body of a municipality may elect to designate a site other than the office of the municipal clerk or board of election commissioners as the location from which electors of the municipality may request and vote absentee ballots and to which voted absentee ballots shall be returned by electors for any election. The designated site shall be located as near as practicable to the office of the municipal clerk or board of election commissioners and no site may be designated that affords an advantage to any political party. An election by a governing body to designate an alternate site under this section shall be made no fewer than 14 days prior to the time that absentee ballots are available for the primary under s. 7.15 (1) (cm), if a primary is scheduled to be held, or at least 14 days prior to the time that absentee ballots are available for the election under s. 7.15 (1) (cm), if a primary is not scheduled to be held, and shall remain in effect until at least the day after the election. If the governing body of a municipality makes an election under this section, no function related to voting and return of absentee ballots that is to be conducted at the alternate site may be conducted in the office of the municipal clerk or board of election commissioners.

SB612,51,17 (2) The municipal clerk or board of election commissioners shall prominently display a notice of the designation of the alternate site selected under sub. (1) in the office of the municipal clerk or board of election commissioners beginning on the date that the site is designated under sub. (1) and continuing through the period that absentee ballots are available for the election and for any primary under s. 7.15 (1) (cm). If the municipal clerk or board of election commissioners maintains a Web site on the Internet, the clerk or board of election commissioners shall post a notice of the designation of the alternate site selected under sub. (1) on the Web site during the same period that notice is displayed in the office of the clerk or board of election commissioners.

SB612,51,20 (3) An alternate site under sub. (1) shall be staffed by the municipal clerk or the executive director of the board of election commissioners, or employees of the clerk or the board of election commissioners.

SB612,51,22 (4) An alternate site under sub. (1) shall be accessible to all individuals with disabilities.

SB612, s. 68 Section 68. 6.86 (1) (a) (intro.) of the statutes is amended to read:

SB612,52,2 6.86 (1) (a) (intro.) Any elector, qualifying who is registered to vote whenever required and who qualifies under ss. 6.20 and 6.85 as an absent elector, may make written application to the municipal clerk for an official ballot by one of the following methods:

SB612, s. 69 Section 69. 6.86 (1) (a) 2. of the statutes is amended to read:

SB612,52,5 6.86 (1) (a) 2. In person at the office of the municipal clerk or at an alternate site under s. 6.855, if applicable.

SB612, s. 70 Section 70. 6.86 (1) (a) 6. of the statutes is created to read:

SB612,52,8 6.86 (1) (a) 6. By electronic mail or facsimile transmission as provided in par (ac).

SB612, s. 71 Section 71. 6.86 (1) (ac) of the statutes is created to read:

SB612,52,15 6.86 (1) (ac) Any elector qualifying under par. (a) may make written application to the municipal clerk for an official ballot by means of facsimile transmission or electronic mail. Any application under this paragraph shall contain a copy of the applicant's original signature. An elector requesting a ballot under this paragraph shall return with the voted ballot a copy of the request bearing an original signature of the elector as provided in s. 6.87 (4).

SB612, s. 72 Section 72. 6.86 (1) (b) of the statutes is amended to read:

SB612,53,7 6.86 (1) (b) Except as provided in this section, if application is made in writing by mail, the application, signed by the elector, shall be received no later than 5 p.m. on the Friday 5th day immediately preceding the election. If application is made in person, the application shall be made no later than 5 p.m. on the day preceding the election. If the elector is making written application and the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then witness the voting procedure as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk as required in s. 6.88. If application is made under sub. (2), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

SB612, s. 73 Section 73. 6.86 (1) (c) of the statutes is created to read:

SB612,53,11 6.86 (1) (c) If an application is made by mail by a military elector, as defined in s. 6.22 (1) (b), the application shall be received no later than 5 p.m. on the Friday immediately preceding the election.

SB612, s. 74 Section 74. 6.86 (3) (a) 2. of the statutes is amended to read:

SB612,54,9 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 agent shall in every case provide acceptable proof of the elector's residence under s. 6.55 (7) 6.34. If the elector is registering to vote in the general election and the agent presents a valid driver's license issued to the elector by another state, the municipal clerk shall record on a separate list the name and address of the elector, the name of the state, and the license number and expiration date of the license. If the agent cannot present this proof of residence, 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) 6.34.

SB612, s. 75 Section 75. 6.86 (3) (c) of the statutes is amended to read:

SB612,55,2 6.86 (3) (c) An application under par. (a) 1. 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. 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 elector is registering for the election after the close of registration or if the elector registered by mail and has not voted in an election in this state, the municipal clerk shall so inform the agent that proof of residence under s. 6.34 is required and the elector shall enclose identification proof of residence under s. 6.34 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 to the polling place serving the hospitalized elector's residence before the closing hour for the ballot to be counted or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk no later than 8 p.m. on election day.

SB612, s. 76 Section 76. 6.865 (1) of the statutes is amended to read:

SB612,55,5 6.865 (1) In this section, "military elector" and "overseas elector" have the meanings given under s. 6.36 (2) (c) 6.34 (1).

SB612, s. 77 Section 77. 6.865 (3) of the statutes is amended to read:

SB612,55,17 6.865 (3) If the elector making a timely request for an absentee ballot is a military elector or an overseas elector and the elector requests that he or she be sent an absentee ballot for the next 2 general elections, the municipal clerk or board of election commissioners shall comply with the request except that no ballot shall be sent for a succeeding general election if the elector's name appeared on the registration list for a previous general election and no longer appears on the registration list for the succeeding general election. If the elector's address for the succeeding general election is in a municipality that is different from the municipality in which the elector resided for the first general election, the clerk or board of election commissioners shall forward the request to the clerk or board of election commissioners of the municipality where the elector resides.

SB612, s. 78 Section 78. 6.865 (3m) of the statutes is created to read:

SB612,55,21 6.865 (3m) If the elector making a timely request for an absentee ballot is a military elector, as defined in s. 6.34 (1), the request shall be treated as provided under s. 6.22 (4).

SB612, s. 79 Section 79. 6.87 (2) (form) of the statutes is amended to read:

SB612,55,23 6.87 (2) (form)

SB612,55,24 [STATE OF ....

SB612,55,25 County of ....]

SB612,56,1 or

SB612,56,2 [(name of foreign country and city or other jurisdictional unit)]

SB612,56,15 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 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.

SB612,56,16 Signed ....

SB612,56,17 Identification serial number, if any: ....

SB612,56,18 The witness shall execute the following:

SB612,56,24 I, the undersigned witness, subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, certify that I am an adult U.S. citizen and 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.

SB612,56,25 ....(Name)

SB612,57,1 ....(Address)**

SB612,57,3 * — An elector who provides an identification serial number issued under s. 6.47 (3), Wis. Stats., need not provide a street address.

SB612,57,5 ** — If this form is executed before 2 special voting deputies under s. 6.875 (6), Wis. Stats., both deputies shall witness and sign.

SB612, s. 80 Section 80. 6.87 (3) (a) and (b) of the statutes are amended to read:

SB612,57,18 6.87 (3) (a) Except as authorized under par. (d) and as otherwise provided in s. 6.875, the municipal clerk shall mail the absentee ballot postage prepaid for return to the elector's residence unless otherwise directed by the elector, or shall deliver it to the elector personally at the clerk's office or at an alternate site under s. 6.855. If the ballot is mailed, and the ballot 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 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 absentee elector from within the United States, the absentee elector shall provide return postage. If the ballot is delivered to the elector at the clerk's office, or an alternate site under s. 6.855, the ballot shall be voted at the office or alternate site and may not be removed by the elector therefrom.

SB612,58,2 (b) No elector may direct that a ballot be sent to the address of a candidate, political party or other registrant under s. 11.05 unless the elector permanently or temporarily resides at that address. Upon receipt of reliable information that an address given by an elector is not eligible to receive ballots under this paragraph subsection, the municipal clerk shall refrain from sending mailing or transmitting ballots to that address. Whenever possible, the municipal clerk shall notify an elector if his or her ballot cannot be mailed or transmitted to the address directed by the elector.

SB612, s. 81 Section 81. 6.87 (3) (c) of the statutes is repealed.

SB612, s. 82 Section 82. 6.87 (3) (d) of the statutes is amended to read:

SB612,58,24 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. s. 6.86 (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) 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 affix sufficient postage unless the absentee ballot qualifies for mailing free of postage under federal free postage laws and shall 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.

SB612, s. 83 Section 83. 6.87 (4) of the statutes, as affected by 2003 Wisconsin Act 265, section 112a, is amended to read:

SB612,60,5 6.87 (4) Except as otherwise provided in s. 6.875, the elector voting absentee shall make and subscribe to the certification before one witness who is an adult U.S. citizen. 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. 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 proof of residence is required, the elector shall enclose identification proof of residence under s. 6.34 in the envelope. Identification Proof of residence is required if the elector is not a military elector or an overseas elector, as defined in s. 6.36 (2) (c) 6.34 (1), and the elector registered by mail and has not voted in an election for national office in this state. If the elector requested a ballot by means of facsimile transmission or electronic mail under s. 6.86 (1) (ac), the elector shall enclose in the envelope a copy of the request which bears an original signature of the elector. 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. If the envelope is mailed from a location outside the United States, the elector shall affix sufficient postage unless the ballot qualifies for delivery free of postage under federal law. 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.

SB612, s. 84 Section 84. 6.87 (6) of the statutes is amended to read:

SB612,60,14 6.87 (6) The Except as provided in s. 6.22 (5m), the ballot shall be returned so it is received by the municipal clerk in time for delivery no later than 8 p.m. on election day. Except in municipalities where absentee ballots are canvassed under s. 7.52, if the municipal clerk receives an absentee ballot on election day, the clerk shall secure the ballot and cause the ballot to be delivered to the polls polling place serving the elector's residence before the closing hour. Any Except as provided in s. 6.22 (5m), any ballot not mailed or delivered as provided in this subsection may not be counted.

SB612, s. 85 Section 85. 6.87 (9) of the statutes is amended to read:

SB612,60,20 6.87 (9) If a municipal clerk receives an absentee ballot with an improperly completed certificate or with no certificate, the clerk may return the ballot to the elector, inside the sealed envelope when an envelope is received, together with a new envelope if necessary, whenever time permits the elector to correct the defect and return the ballot within the period prescribed in authorized under sub. (6).