SB6, s. 27
6Section
27. 6.79 (3) (title) of the statutes is amended to read:
SB6,19,87
6.79
(3) (title)
Refusal to give name and address provide name, address,
8license, or identification card.
SB6, s. 28
9Section
28
. 6.79 (3) (title) of the statutes, as affected by 2011 Wisconsin Act
10.... (this act), is amended to read:
SB6,19,1211
6.79
(3) (title)
Refusal to provide name, address, license, or identification
12card or certificate.
SB6, s. 29
13Section
29. 6.79 (3) of the statutes is renumbered 6.79 (3) (a).
SB6, s. 30
14Section
30. 6.79 (3) (b) of the statutes is created to read:
SB6,19,2015
6.79
(3) (b) If a license or identification card under sub. (2) is not provided by
16the elector or if the name or any photograph appearing on the document that is
17provided cannot be verified by the officials, the elector shall not be permitted to vote,
18except as authorized under sub. (6) or (7), but if the elector is entitled to cast a
19provisional ballot under s. 6.97, the officials shall offer the opportunity for the elector
20to vote under s. 6.97.
SB6, s. 31
21Section
31
. 6.79 (3) (b) of the statutes, as created by 2011 Wisconsin Act ....
22(this act), is amended to read:
SB6,20,323
6.79
(3) (b) If a license
or, identification card
, or identification certificate under
24sub. (2) is not provided by the elector or if the name or any photograph appearing on
25the document that is provided cannot be verified by the officials, the elector shall not
1be permitted to vote, except as authorized under sub. (6) or (7), but if the elector is
2entitled to cast a provisional ballot under s. 6.97, the officials shall offer the
3opportunity for the elector to vote under s. 6.97.
SB6, s. 32
4Section
32. 6.79 (4) of the statutes is amended to read:
SB6,20,175
6.79
(4) Supplemental information. When any elector provides proof of
6residence under s. 6.15, 6.29 or 6.55 (2), the election officials shall enter the type of
7identifying document provided on the poll list, or separate list maintained under sub.
8(2) (c). If the document submitted as proof of identity or residence includes a number
9which applies only to the individual holding that document, the election officials
10shall also enter that number on the list.
When any elector corroborates the
11registration identity or residence of any person offering to vote under s. 6.55 (2) (b)
12or (c), or the registration identity or residence of any person registering on election
13day under s. 6.86 (3) (a) 2., the election officials shall also enter the name and address
14of the corroborator next to the name of the elector whose information is being
15corroborated on the poll list, or the separate list maintained under sub. (2) (c). When
16any person offering to vote has been challenged and taken the oath, following the
17person's name on the poll list, the officials shall enter the word "Sworn".
SB6, s. 33
18Section
33. 6.79 (6) of the statutes is amended to read:
SB6,21,219
6.79
(6) Confidential names and addresses. An elector who has a confidential
20listing under s. 6.47 (2) may present his or her identification card issued under s. 6.47
21(3), or give his or her name and identification serial number issued under s. 6.47 (3),
22in lieu of stating his or her name and address
and presenting a license or
23identification card under sub. (2). If the elector's name and identification serial
24number appear on the confidential portion of the list, the inspectors shall issue a
1voting serial number to the elector, record that number on the poll list and permit
2the elector to vote.
SB6, s. 34
3Section
34
. 6.79 (6) of the statutes, as affected by 2011 Wisconsin Act .... (this
4act), is amended to read:
SB6,21,125
6.79
(6) Confidential names and addresses. An elector who has a confidential
6listing under s. 6.47 (2) may present his or her identification card issued under s. 6.47
7(3), or give his or her name and identification serial number issued under s. 6.47 (3),
8in lieu of stating his or her name and address and presenting a license
or, 9identification card
, or identification certificate under sub. (2). If the elector's name
10and identification serial number appear on the confidential portion of the list, the
11inspectors shall issue a voting serial number to the elector, record that number on
12the poll list and permit the elector to vote.
SB6, s. 35
13Section
35. 6.79 (7) of the statutes is created to read:
SB6,21,2014
6.79
(7) License surrender. If an elector receives a citation or notice of intent
15to revoke or suspend an operator's license from a law enforcement officer in any
16jurisdiction that is dated within 60 days of the date of an election and is required to
17surrender his or her operator's license issued to the elector under ch. 343 at the time
18the citation or notice is issued, the elector may present an original copy of the citation
19or notice in lieu of an operator's license under ch. 343. In such case, the elector shall
20cast his or her ballot under s. 6.965.
SB6, s. 36
21Section
36. 6.82 (1) (a) of the statutes is amended to read:
SB6,22,2022
6.82
(1) (a) When any inspectors are informed that an
eligible elector is at the
23entrance to the polling place who as a result of disability is unable to enter the polling
24place, they shall permit the elector to be assisted in marking a ballot by any
25individual selected by the elector, except the elector's employer or an agent of that
1employer or an officer or agent of a labor organization which represents the elector.
2The Except as authorized in s. 6.79 (6) and (7), the individual selected by the elector
3shall
present to the inspectors a valid operator's license issued to the elector under
4ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed
5service, or a valid identification card issued to the elector under s. 343.50 and, if the
6license or identification card does not constitute proof of residence under s. 6.34, shall
7also provide proof of residence under s. 6.34 for the assisted elector, whenever
8required, and all other information necessary for the elector to obtain a ballot under
9s. 6.79 (2). The inspectors shall issue a ballot to the individual selected by the elector
10and shall accompany the individual to the polling place entrance where the
11assistance is to be given. If the ballot is a paper ballot, the assisting individual shall
12fold the ballot after the ballot is marked by the assisting individual. The assisting
13individual shall then immediately take the ballot into the polling place and give the
14ballot to an inspector. The inspector shall distinctly announce that he or she has "a
15ballot offered by .... (stating person's name), an elector who, as a result of disability,
16is unable to enter the polling place without assistance". The inspector shall then ask,
17"Does anyone object to the reception of this ballot?" If no objection is made, the
18inspectors shall record the elector's name under s. 6.79 and deposit the ballot in the
19ballot box, and shall make a notation on the poll list: "Ballot received at poll
20entrance".
SB6, s. 37
21Section
37
. 6.82 (1) (a) of the statutes, as affected by 2011 Wisconsin Act ....
22(this act), is amended to read:
SB6,23,2223
6.82
(1) (a) When any inspectors are informed that an eligible elector is at the
24entrance to the polling place who as a result of disability is unable to enter the polling
25place, they shall permit the elector to be assisted in marking a ballot by any
1individual selected by the elector, except the elector's employer or an agent of that
2employer or an officer or agent of a labor organization which represents the elector.
3Except as authorized in s. 6.79 (6) and (7), the individual selected by the elector shall
4present to the inspectors a valid operator's license issued to the elector under ch. 343,
5a valid, current identification card issued to the elector by a U.S. uniformed service,
6or a valid identification card issued to the elector under s. 343.50
, or a valid
7identification certificate issued to the elector under s. 343.505 and, if the license
or, 8identification card
, or identification certificate does not constitute proof of residence
9under s. 6.34, shall also provide proof of residence under s. 6.34 for the assisted
10elector, whenever required, and all other information necessary for the elector to
11obtain a ballot under s. 6.79 (2). The inspectors shall issue a ballot to the individual
12selected by the elector and shall accompany the individual to the polling place
13entrance where the assistance is to be given. If the ballot is a paper ballot, the
14assisting individual shall fold the ballot after the ballot is marked by the assisting
15individual. The assisting individual shall then immediately take the ballot into the
16polling place and give the ballot to an inspector. The inspector shall distinctly
17announce that he or she has "a ballot offered by .... (stating person's name), an elector
18who, as a result of disability, is unable to enter the polling place without assistance".
19The inspector shall then ask, "Does anyone object to the reception of this ballot?" If
20no objection is made, the inspectors shall record the elector's name under s. 6.79 and
21deposit the ballot in the ballot box, and shall make a notation on the poll list: "Ballot
22received at poll entrance".
SB6, s. 38
23Section
38. 6.86 (1) (ac) of the statutes is amended to read:
SB6,24,424
6.86
(1) (ac) Any elector qualifying under par. (a) may make written application
25to the municipal clerk for an official ballot by means of facsimile transmission or
1electronic mail. Any application under this paragraph shall contain a copy of the
2applicant's original signature. An elector requesting a ballot under this paragraph
3shall return with the voted ballot a copy of the request bearing an original signature
4of the elector as provided in s. 6.87 (4)
(b).
SB6, s. 39
5Section
39. 6.86 (1) (ar) of the statutes is amended to read:
SB6,24,166
6.86
(1) (ar) Except as authorized in s. 6.875 (6), the municipal clerk shall not
7issue an absentee ballot unless the clerk receives a written application therefor from
8a qualified elector of the municipality. The clerk shall retain each absentee ballot
9application until destruction is authorized under s. 7.23 (1).
Except as authorized
10in s. 6.79 (6) and (7), if a qualified elector applies for an absentee ballot in person at
11the clerk's office, the clerk shall not issue the elector an absentee ballot unless the
12elector presents a valid operator's license issued to the elector under ch. 343, a valid,
13current identification card issued to the elector by a U.S. uniformed service, or a valid
14identification card issued to the elector under s. 343.50. The clerk shall make a copy
15of the document presented by the elector and shall enclose the copy in the certificate
16envelope.
SB6, s. 40
17Section
40
. 6.86 (1) (ar) of the statutes, as affected by 2011 Wisconsin Act ....
18(this act), is amended to read:
SB6,25,519
6.86
(1) (ar) Except as authorized in s. 6.875 (6), the municipal clerk shall not
20issue an absentee ballot unless the clerk receives a written application therefor from
21a qualified elector of the municipality. The clerk shall retain each absentee ballot
22application until destruction is authorized under s. 7.23 (1). Except as authorized
23in s. 6.79 (6) and (7), if a qualified elector applies for an absentee ballot in person at
24the clerk's office, the clerk shall not issue the elector an absentee ballot unless the
25elector presents a valid operator's license issued to the elector under ch. 343, a valid,
1current identification card issued to the elector by a U.S. uniformed service,
or a valid
2identification card issued to the elector under s. 343.50
, or a valid identification
3certificate issued to the elector under s. 343.505. The clerk shall make a copy of the
4document presented by the elector and shall enclose the copy in the certificate
5envelope.
SB6, s. 41
6Section
41. 6.86 (3) (a) 1. of the statutes is amended to read:
SB6,25,177
6.86
(3) (a) 1. Any elector who is registered and who is hospitalized, may apply
8for and obtain an official ballot by agent. The agent may apply for and obtain a ballot
9for the hospitalized absent elector by presenting a form prescribed by the board and
10containing the required information supplied by the hospitalized elector and signed
11by that elector
and any other elector residing in the same municipality as the
12hospitalized elector, corroborating the information contained therein. The
13corroborating elector shall state on the form his or her full name and address. Except
14as authorized for an elector who has a confidential listing under s. 6.47 (2) or as
15authorized in s. 6.87 (4) (b) 4., the agent shall present the license or identification
16card required under sub. (1) (ar). The clerk shall make a copy of the document
17presented by the agent and shall enclose the copy in the certificate envelope.
SB6, s. 42
18Section
42
. 6.86 (3) (a) 1. of the statutes, as affected by 2011 Wisconsin Act ....
19(this act), is amended to read:
SB6,26,320
6.86
(3) (a) 1. Any elector who is registered and who is hospitalized, may apply
21for and obtain an official ballot by agent. The agent may apply for and obtain a ballot
22for the hospitalized absent elector by presenting a form prescribed by the board and
23containing the required information supplied by the hospitalized elector and signed
24by that elector. Except as authorized for an elector who has a confidential listing
25under s. 6.47 (2) or as authorized in s. 6.87 (4) (b) 4., the agent shall present the
1license
or, identification card
, or identification certificate required under sub. (1) (ar).
2The clerk shall make a copy of the document presented by the agent and shall enclose
3the copy in the certificate envelope.
SB6, s. 43
4Section
43. 6.86 (3) (a) 2. of the statutes is amended to read:
SB6,26,255
6.86
(3) (a) 2. If a hospitalized elector is not registered, the elector may register
6by agent under this subdivision at the same time that the elector applies for an
7official ballot by agent under subd. 1. To register the elector under this subdivision,
8the agent shall present a completed registration form that contains the required
9information supplied by the elector and the elector's signature, unless the elector is
10unable to sign due to physical disability. In this case, the elector may authorize
11another elector to sign on his or her behalf. Any elector signing a form on another
12elector's behalf shall attest to a statement that the application is made on request
13and by authorization of the named elector, who is unable to sign the form due to
14physical disability. The agent shall present this statement along with all other
15information required under this subdivision.
Except as otherwise provided in this
16subdivision, the The agent shall
in every case provide proof of the elector's residence
17under s. 6.34. If the elector is registering to vote in the general election and the agent
18presents a valid driver's license issued to the elector by another state, the municipal
19clerk shall record on a separate list the name and address of the elector, the name
20of the state, and the license number and expiration date of the license.
If the agent
21cannot present proof of residence, the registration form shall be signed and
22substantiated by another elector residing in the elector's municipality of residence,
23corroborating the information in the form. The form shall contain the full name and
24address of the corroborating elector. The agent shall then present proof of the
25corroborating elector's residence under s. 6.34.
SB6, s. 44
1Section
44. 6.869 of the statutes is amended to read:
SB6,27,8
26.869 Uniform instructions. The board shall prescribe uniform instructions
3for absentee voters. The instructions shall include information
concerning whether
4a copy of a license or identification card is required under s. 6.86 (1) (ar) or 6.87 (4)
5(b) and information concerning the procedure for correcting errors in marking a
6ballot and obtaining a replacement for a spoiled ballot. The procedure shall, to the
7extent possible, respect the privacy of each elector and preserve the confidentiality
8of each elector's vote.
SB6, s. 45
9Section
45
. 6.869 of the statutes, as affected by 2011 Wisconsin Act ....(this
10act), is amended to read:
SB6,27,17
116.869 Uniform instructions. The board shall prescribe uniform instructions
12for absentee voters. The instructions shall include information concerning whether
13a copy of a license
or, identification card
, or identification certificate is required under
14s. 6.86 (1) (ar) or 6.87 (4) (b) and information concerning the procedure for correcting
15errors in marking a ballot and obtaining a replacement for a spoiled ballot. The
16procedure shall, to the extent possible, respect the privacy of each elector and
17preserve the confidentiality of each elector's vote.
SB6, s. 46
18Section
46. 6.87 (3) (d) of the statutes is amended to read:
SB6,28,1319
6.87
(3) (d) A municipal clerk may, if the clerk is reliably informed by an absent
20elector of a facsimile transmission number or electronic mail address where the
21elector can receive an absentee ballot, transmit a facsimile or electronic copy of the
22absent elector's ballot to that elector in lieu of mailing under this subsection if, in the
23judgment of the clerk, the time required to send the ballot through the mail may not
24be sufficient to enable return of the ballot by the time provided under sub. (6). An
25elector may receive an absentee ballot under this subsection only if the elector has
1filed a valid application for the ballot under s. 6.86 (1). If the clerk transmits an
2absentee ballot under this paragraph, the clerk shall also transmit a facsimile or
3electronic copy of the text of the material that appears on the certificate envelope
4prescribed in sub. (2), together with instructions prescribed by the board. The
5instructions shall require the absent elector to make and subscribe to the
6certification as required under sub. (4)
(b) and to enclose the absentee ballot in a
7separate envelope contained within a larger envelope, that shall include the
8completed certificate. The elector shall then affix sufficient postage unless the
9absentee ballot qualifies for mailing free of postage under federal free postage laws
10and shall mail the absentee ballot to the municipal clerk. Except as authorized in
11s. 6.97 (2), an absentee ballot received under this paragraph shall not be counted
12unless it is cast in the manner prescribed in this paragraph and in accordance with
13the instructions provided by the board.
SB6, s. 47
14Section
47. 6.87 (4) of the statutes is renumbered 6.87 (4) (b) 1. and amended
15to read:
SB6,29,2116
6.87
(4) (b) 1. Except as otherwise provided in s. 6.875, the elector voting
17absentee shall make and subscribe to the certification before one witness who is an
18adult U.S. citizen. The absent elector, in the presence of the witness, shall mark the
19ballot in a manner that will not disclose how the elector's vote is cast. The elector
20shall then, still in the presence of the witness, fold the ballots so each is separate and
21so that the elector conceals the markings thereon and deposit them in the proper
22envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the
23ballot so that the elector conceals the markings thereon and deposit the ballot in the
24proper envelope.
If proof of residence is required
Except as authorized in subds. 2.
25to 5. and s. 6.875 (6) and notwithstanding s. 343.43 (1) (f), the elector shall enclose
1a copy of the license or identification card required under s. 6.86 (1) (ar) in the
2envelope, unless the elector is a military elector or an overseas elector or the elector
3has a confidential listing under s. 6.47 (2). If proof of residence under s. 6.34 is
4required and the document enclosed by the elector under this subdivision does not
5constitute proof of residence under s. 6.34, the elector shall
also enclose proof of
6residence under s. 6.34 in the envelope. Proof of residence is required if the elector
7is not a military elector or an overseas elector
, as defined in s. 6.34 (1), and the elector
8registered by mail and has not voted in an election in this state. If the elector
9requested a ballot by means of facsimile transmission or electronic mail under s. 6.86
10(1) (ac), the elector shall enclose in the envelope a copy of the request which bears an
11original signature of the elector. The elector may receive assistance under sub. (5).
12The return envelope shall then be sealed. The witness may not be a candidate. The
13envelope shall be mailed by the elector, or delivered in person, to the municipal clerk
14issuing the ballot or ballots. If the envelope is mailed from a location outside the
15United States, the elector shall affix sufficient postage unless the ballot qualifies for
16delivery free of postage under federal law. Failure to return an unused ballot in a
17primary does not invalidate the ballot on which the elector's votes are cast. Return
18of more than one marked ballot in a primary or return of a ballot prepared under s.
195.655 or a ballot used with an electronic voting system in a primary which is marked
20for candidates of more than one party invalidates all votes cast by the elector for
21candidates in the primary.
SB6, s. 48
22Section
48. 6.87 (4) (a) of the statutes is created to read:
SB6,29,2323
6.87
(4) (a) In this subsection:
SB6,29,2424
1. "Military elector" has the meaning given in s. 6.34 (1) (a).
SB6,29,2525
2. "Overseas elector" has the meaning given in s. 6.34 (1) (b).
SB6, s. 49
1Section
49
. 6.87 (4) (b) 1. of the statutes, as affected by 2011 Wisconsin Act ....
2(this act), is amended to read:
SB6,31,83
6.87
(4) (b) 1. Except as otherwise provided in s. 6.875, the elector voting
4absentee shall make and subscribe to the certification before one witness who is an
5adult U.S. citizen. The absent elector, in the presence of the witness, shall mark the
6ballot in a manner that will not disclose how the elector's vote is cast. The elector
7shall then, still in the presence of the witness, fold the ballots so each is separate and
8so that the elector conceals the markings thereon and deposit them in the proper
9envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the
10ballot so that the elector conceals the markings thereon and deposit the ballot in the
11proper envelope. Except as authorized in subds. 2. to 5. and s. 6.875 (6) and
12notwithstanding s. 343.43 (1) (f), the elector shall enclose a copy of the license
or, 13identification card
, or identification certificate required under s. 6.86 (1) (ar) in the
14envelope, unless the elector is a military elector or an overseas elector or the elector
15has a confidential listing under s. 6.47 (2). If proof of residence under s. 6.34 is
16required and the document enclosed by the elector under this subdivision does not
17constitute proof of residence under s. 6.34, the elector shall also enclose proof of
18residence under s. 6.34 in the envelope. Proof of residence is required if the elector
19is not a military elector or an overseas elector and the elector registered by mail and
20has not voted in an election in this state. If the elector requested a ballot by means
21of facsimile transmission or electronic mail under s. 6.86 (1) (ac), the elector shall
22enclose in the envelope a copy of the request which bears an original signature of the
23elector. The elector may receive assistance under sub. (5). The return envelope shall
24then be sealed. The witness may not be a candidate. The envelope shall be mailed
25by the elector, or delivered in person, to the municipal clerk issuing the ballot or
1ballots. If the envelope is mailed from a location outside the United States, the
2elector shall affix sufficient postage unless the ballot qualifies for delivery free of
3postage under federal law. Failure to return an unused ballot in a primary does not
4invalidate the ballot on which the elector's votes are cast. Return of more than one
5marked ballot in a primary or return of a ballot prepared under s. 5.655 or a ballot
6used with an electronic voting system in a primary which is marked for candidates
7of more than one party invalidates all votes cast by the elector for candidates in the
8primary.
SB6, s. 50
9Section
50. 6.87 (4) (b) 2. of the statutes is created to read:
SB6,31,1510
6.87
(4) (b) 2. Unless subd. 3. applies, if the absentee elector has applied for and
11qualified to receive absentee ballots automatically under s. 6.86 (2) (a), the elector
12may, in lieu of providing a copy of a license or identification card required under s.
136.86 (1) (ar), submit with his or her absentee ballot a statement signed by the same
14individual who witnesses voting of the ballot which contains the name and address
15of the elector and verifies that the name and address are correct.
SB6, s. 51
16Section
51
. 6.87 (4) (b) 2. of the statutes, as created by 2011 Wisconsin Act ....
17(this act), is amended to read:
SB6,31,2418
6.87
(4) (b) 2. Unless subd. 3. applies, if the absentee elector has applied for and
19qualified to receive absentee ballots automatically under s. 6.86 (2) (a), the elector
20may, in lieu of providing a copy of a license
or, identification card
, or identification
21certificate required under s. 6.86 (1) (ar), submit with his or her absentee ballot a
22statement signed by the same individual who witnesses voting of the ballot which
23contains the name and address of the elector and verifies that the name and address
24are correct.
SB6, s. 52
25Section
52. 6.87 (4) (b) 3. of the statutes is created to read:
SB6,32,5
16.87
(4) (b) 3. If the absentee elector has received an absentee ballot from the
2municipal clerk by mail for a previous election, has provided a copy of a license or
3identification card required under s. 6.86 (1) (ar) with that ballot, and has not
4changed his or her name or address since providing that identification, the elector
5is not required to provide a copy of the identification required under s. 6.86 (1) (ar).
SB6, s. 53
6Section
53
. 6.87 (4) (b) 3. of the statutes, as created by 2011 Wisconsin Act ....
7(this act), is amended to read:
SB6,32,138
6.87
(4) (b) 3. If the absentee elector has received an absentee ballot from the
9municipal clerk by mail for a previous election, has provided a copy of a license
or, 10identification card
, or identification certificate required under s. 6.86 (1) (ar) with
11that ballot, and has not changed his or her name or address since providing that
12identification, the elector is not required to provide a copy of the identification
13required under s. 6.86 (1) (ar).
SB6, s. 54
14Section
54. 6.87 (4) (b) 4. of the statutes is created to read:
SB6,32,2315
6.87
(4) (b) 4. If the absentee elector has received a citation or notice of intent
16to revoke or suspend an operator's license from a law enforcement officer in any
17jurisdiction that is dated within 60 days of the date of the election and is required
18to surrender his or her operator's license issued to the elector under ch. 343 at the
19time the citation or notice is issued, the elector may enclose a copy of the citation or
20notice in lieu of a copy of an operator's license under ch. 343 if the elector is voting
21by mail, or may present an original copy of the citation or notice in lieu of an
22operator's license under ch. 343 if the elector is voting at the office of the municipal
23clerk.
SB6, s. 55
24Section
55. 6.87 (4) (b) 5. of the statutes is created to read:
SB6,33,15
16.87
(4) (b) 5. Unless subd. 3. or 4. applies, if the absentee elector resides in a
2qualified retirement home, as defined in s. 6.875 (1) (at), a qualified
3community-based residential facility, as defined in s. 6.875 (1) (as), a residential care
4apartment complex that is certified or registered under s. 50.034 (1), or an adult
5family home that is certified under s. 50.032 or licensed under s. 50.033 and the
6municipal clerk or board of election commissioners of the municipality where the
7complex, facility, or home is located does not send special voting deputies to visit the
8complex, facility, or home at the election under s. 6.875, the elector may, in lieu of
9providing a copy of a license or identification card required under s. 6.86 (1) (ar),
10submit with his or her absentee ballot a statement signed by the same individual who
11witnesses voting of the ballot that contains the certification of the manager of the
12complex, facility, or home that the elector resides in the complex, facility, or home and
13the complex, facility, or home is certified or registered as required by law, that
14contains the name and address of the elector, and that verifies that the name and
15address are correct.
SB6, s. 56
16Section
56
. 6.87 (4) (b) 5. of the statutes, as created by 2011 Wisconsin Act ....
17(this act), is amended to read:
SB6,34,518
6.87
(4) (b) 5. Unless subd. 3. or 4. applies, if the absentee elector resides in a
19residential care apartment complex that is certified or registered under s. 50.034 (1)
20or an adult family home that is certified under s. 50.032 or licensed under s. 50.033
21and the municipal clerk or board of election commissioners of the municipality where
22the complex or home is located does not send special voting deputies to visit the
23complex or home at the election under s. 6.875, the elector may, in lieu of providing
24a copy of a license
or, identification card
, or identification certificate required under
25s. 6.86 (1) (ar), submit with his or her absentee ballot a statement signed by the same
1individual who witnesses voting of the ballot that contains the certification of the
2manager of the complex or home that the elector resides in the complex or home and
3the complex or home is certified or registered as required by law, that contains the
4name and address of the elector, and that verifies that the name and address are
5correct.
SB6, s. 57
6Section
57. 6.875 (title) of the statutes is amended to read:
SB6,34,8
76.875 (title)
Absentee voting in nursing and retirement certain homes
8and certain community-based residential, facilities, and complexes.
SB6, s. 58
9Section
58. 6.875 (1) (ap) and (asm) of the statutes are created to read:
SB6,34,1210
6.875
(1) (ap) "Qualified adult family home" means a facility that is certified
11or licensed to operate as an adult family home under s. 50.032 or 50.033 that qualifies
12under sub. (2) (d) to utilize the procedures under this section.
SB6,34,1513
(asm) "Qualified residential care apartment complex" means a facility that is
14certified or registered to operate as a residential care apartment complex under s.
1550.034 (1) that qualifies under sub. (2) (d) to utilize the procedures under this section.
SB6, s. 59
16Section
59. 6.875 (2) (a) of the statutes is amended to read:
SB6,34,2017
6.875
(2) (a) The procedures prescribed in this section are the exclusive means
18of absentee voting for electors who are occupants of nursing homes, qualified
19community-based residential facilities
or, qualified retirement homes
, qualified
20residential care apartment complexes, and qualified adult family homes.
SB6, s. 60
21Section
60. 6.875 (2) (d) of the statutes is created to read:
SB6,35,822
6.875
(2) (d) The municipal clerk or board of election commissioners of any
23municipality where a residential care apartment complex certified or registered
24under s. 50.034 (1) or an adult family home certified under s. 50.032 or licensed under
25s. 50.033 is located may adopt the procedures under this section for absentee voting
1in any such residential care apartment complex or adult family home located in the
2municipality if the municipal clerk or board of election commissioners finds that
3there are a significant number of the occupants of the complex or home who lack
4adequate transportation to the appropriate polling place, a significant number of the
5occupants of the complex or home may need assistance in voting, there are a
6significant number of the occupants of the complex or home aged 60 or over, or there
7are a significant number of indefinitely confined electors who are occupants of the
8complex or home.
SB6, s. 61
9Section
61. 6.875 (3) and (4) of the statutes are amended to read:
SB6,36,510
6.875
(3) An occupant of a nursing home or qualified retirement home
or, 11qualified community-based residential facility
, qualified residential care apartment
12complex, or qualified adult family home who qualifies as an absent elector and
13desires to receive an absentee ballot shall make application under s. 6.86 (1), (2), or
14(2m) with the municipal clerk or board of election commissioners of the municipality
15in which the elector is a resident. The clerk or board of election commissioners of a
16municipality receiving an application from an elector who is an occupant of a nursing
17home or qualified retirement home
or, qualified community-based residential
18facility
, qualified residential care apartment complex, or qualified adult family home 19located in a different municipality shall, as soon as possible, notify and transmit an
20absentee ballot for the elector to the clerk or board of election commissioners of the
21municipality in which the home
or qualified community-based residential, facility
22or complex is located. The clerk or board of election commissioners of a municipality
23receiving an application from an elector who is an occupant of a nursing home or
24qualified retirement home
or, qualified community-based residential facility
,
25qualified residential care apartment complex, or qualified adult family home located
1in the municipality but who is a resident of a different municipality shall, as soon as
2possible, notify and request transmission of an absentee ballot from the clerk or
3board of election commissioners of the municipality in which the elector is a resident.
4The clerk or board of election commissioners shall make a record of all absentee
5ballots to be transmitted, delivered, and voted under this section.
SB6,37,3
6(4) (a) For the purpose of absentee voting in nursing homes
and, qualified
7retirement homes
and, qualified community-based residential facilities
, qualified
8residential care apartment complexes, and qualified adult family homes, the
9municipal clerk or board of election commissioners of each municipality in which one
10or more nursing homes
or, qualified retirement homes
or, qualified
11community-based residential facilities
, qualified residential care apartment
12complexes, or qualified adult family homes are located shall appoint at least 2 special
13voting deputies for the municipality. Upon application under s. 6.86 (1), (2), or (2m)
14by one or more qualified electors who are occupants of a
nursing home
or qualified
15retirement home or qualified community-based residential, facility,
or complex, the
16municipal clerk or board of election commissioners of the municipality in which the
17home
or, facility
, or complex is located shall dispatch 2 special voting deputies to visit
18the home
or qualified community-based residential, facility
, or complex for the
19purpose of supervising absentee voting procedure by occupants of the home
or
20qualified community-based residential, facility
, or complex. The clerk shall
21maintain a list, available to the public upon request, of each
nursing home
or
22qualified retirement home or qualified community-based residential
, facility
, or
23complex where an elector has requested an absentee ballot. The list shall include the
24date and time the deputies intend to visit each home
or
, facility
, or complex. The 2
25deputies designated to visit each nursing home
or, qualified retirement home
or,
1qualified community-based residential facility
, qualified residential care apartment
2complex, and qualified adult family home shall be affiliated with different political
3parties whenever deputies representing different parties are available.
SB6,37,144
(b) Nominations for the special voting deputy positions described in par. (a)
5may be submitted by the 2 recognized political parties whose candidates for governor
6or president received the greatest numbers of votes in the municipality at the most
7recent general election. The deputies shall be specially appointed to carry out the
8duties under par. (a) for the period specified in s. 7.30 (6) (a). The clerk or board of
9election commissioners may revoke an appointment at any time. No individual who
10is employed or retained, or within the 2 years preceding appointment has been
11employed or retained, at a nursing home
or, qualified retirement home
or, qualified
12community-based residential facility
, qualified residential care apartment complex,
13or qualified adult family home in the municipality, or any member of the individual's
14immediate family, as defined in s. 19.42 (7), may be appointed to serve as a deputy.
SB6, s. 62
15Section
62. 6.875 (6) (a) and (b) of the statutes are amended to read:
SB6,38,316
6.875
(6) (a) Special voting deputies in each municipality shall, not later than
175 p.m. on the Friday preceding an election, arrange one or more convenient times
18with the administrator of each nursing home, qualified retirement home,
and 19qualified community-based residential facility
, qualified residential care apartment
20complex, and qualified adult family home in the municipality from which one or more
21occupants have filed an application under s. 6.86 to conduct absentee voting for the
22election. The time may be no earlier than the 4th Monday preceding the election and
23no later than 5 p.m. on the Monday preceding the election. The municipal clerk shall
24post a notice at the home
or, facility
, or complex indicating the date and time that
25absentee voting will take place at that home
or, facility
, or complex. The notice shall
1be posted as soon as practicable after arranging the visit but in no case less than 24
2hours before the visit. At the designated time, 2 deputies appointed under sub. (4)
3shall visit the home
or, facility
, or complex.
SB6,38,124
(b) The municipal clerk or executive director of the board of election
5commissioners shall issue a supply of absentee ballots to the deputies sufficient to
6provide for the number of valid applications for an absentee ballot received by the
7clerk, and a reasonable additional number of ballots. The deputies may exercise the
8authority granted to the chief inspector under s. 7.41 to regulate the conduct of
9observers. For purposes of the application of s. 7.41, the home
or, facility
, or complex 10shall be treated as a polling place. The municipal clerk or executive director shall
11keep a careful record of all ballots issued to the deputies and shall require the
12deputies to return every ballot issued to them.
SB6, s. 63
13Section
63. 6.875 (6) (c) 1. of the statutes is amended to read:
SB6,39,914
6.875
(6) (c) 1. Upon their visit to the home
or, facility
, or complex under par.
15(a), the deputies shall personally offer each elector who has filed a proper application
16for an absentee ballot the opportunity to cast his or her absentee ballot.
In lieu of
17providing a copy of a license or identification card under s. 6.87 (4) (b) 1. with his or
18her absentee ballot, the elector may submit with his or her ballot a statement signed
19by both deputies that contains the name and address of the elector and verifies that
20the name and address are correct. The deputies shall enclose the statement in the
21certificate envelope. If an elector presents a license or identification card under s.
226.87 (4) (b) 1., the deputies shall make a copy of the document presented by the elector
23and shall enclose the copy in the certificate envelope. If an elector is present who has
24not filed a proper application for an absentee ballot, the 2 deputies may accept an
25application from the elector and shall issue a ballot to the elector if the elector is
1qualified
, the elector presents a license or identification card, whenever required, or
2submits a statement containing his or her name and address under this subdivision, 3and the application is proper. The deputies shall each witness the certification and
4may, upon request of the elector, assist the elector in marking the elector's ballot. All
5voting shall be conducted in the presence of the deputies. Upon request of the elector,
6a relative of the elector who is present in the room may assist the elector in marking
7the elector's ballot. No individual other than a deputy may witness the certification
8and no individual other than a deputy or relative of an elector may render voting
9assistance to the elector.
SB6, s. 64
10Section
64
. 6.875 (6) (c) 1. of the statutes, as affected by 2011 Wisconsin Act
11.... (this act), is amended to read:
SB6,40,812
6.875
(6) (c) 1. Upon their visit to the home, facility, or complex under par. (a),
13the deputies shall personally offer each elector who has filed a proper application for
14an absentee ballot the opportunity to cast his or her absentee ballot. In lieu of
15providing a copy of a license
or, identification card
, or identification certificate under
16s. 6.87 (4) (b) 1. with his or her absentee ballot, the elector may submit with his or
17her ballot a statement signed by both deputies that contains the name and address
18of the elector and verifies that the name and address are correct. The deputies shall
19enclose the statement in the certificate envelope. If an elector presents a license
or, 20identification card
, or identification certificate under s. 6.87 (4) (b) 1., the deputies
21shall make a copy of the document presented by the elector and shall enclose the copy
22in the certificate envelope. If an elector is present who has not filed a proper
23application for an absentee ballot, the 2 deputies may accept an application from the
24elector and shall issue a ballot to the elector if the elector is qualified, the elector
25presents a license
or, identification card,
or identification certificate, whenever
1required, or submits a statement containing his or her name and address under this
2subsection, and the application is proper. The deputies shall each witness the
3certification and may, upon request of the elector, assist the elector in marking the
4elector's ballot. All voting shall be conducted in the presence of the deputies. Upon
5request of the elector, a relative of the elector who is present in the room may assist
6the elector in marking the elector's ballot. No individual other than a deputy may
7witness the certification and no individual other than a deputy or relative of an
8elector may render voting assistance to the elector.
SB6, s. 65
9Section
65. 6.875 (6) (c) 2. of the statutes is amended to read:
SB6,40,1610
6.875
(6) (c) 2. Upon the request of a relative of an occupant of a nursing home
11or, qualified retirement home
or, qualified community-based residential facility
,
12qualified residential care apartment complex, or qualified adult family home, the
13administrator of the home
or, facility
, or complex may notify the relative of the time
14or times at which special voting deputies will conduct absentee voting at the home
15or, facility,
or complex and permit the relative to be present in the room where the
16voting is conducted.
SB6, s. 66
17Section
66. 6.875 (6) (e) of the statutes is amended to read:
SB6,40,2218
6.875
(6) (e) If a qualified elector is not able to cast his or her ballot on 2 separate
19visits by the deputies to the home
or, facility
, or complex, the deputies shall so inform
20the municipal clerk or executive director of the board of election commissioners, who
21may then send the ballot to the elector no later than 5 p.m. on the Friday preceding
22the election.
SB6, s. 67
23Section
67. 6.875 (7) of the statutes is amended to read:
SB6,41,724
6.875
(7) One observer from each of the 2 recognized political parties whose
25candidate for governor or president received the greatest number of votes in the
1municipality at the most recent general election may accompany the deputies to each
2home
or, facility
, or complex where absentee voting will take place under this section.
3The observers may observe the process of absentee ballot distribution in the common
4areas of the home
or, facility
, or complex. Each party wishing to have an observer
5present shall submit the name of the observer to the clerk or board of election
6commissioners no later than the close of business on the last business day prior to
7the visit.
SB6, s. 68
8Section
68. 6.88 (3) (a) of the statutes is amended to read:
SB6,42,89
6.88
(3) (a) Except in municipalities where absentee ballots are canvassed
10under s. 7.52, at any time between the opening and closing of the polls on election day,
11the inspectors shall, in the same room where votes are being cast, in such a manner
12that members of the public can hear and see the procedures, open the carrier
13envelope only, and announce the name of the absent elector or the identification
14serial number of the absent elector if the elector has a confidential listing under s.
156.47 (2). When the inspectors find that the certification has been properly executed,
16the applicant is a qualified elector of the ward or election district, and the applicant
17has not voted in the election, they shall enter an indication on the poll list next to the
18applicant's name indicating an absentee ballot is cast by the elector. They shall then
19open the envelope containing the ballot in a manner so as not to deface or destroy the
20certification thereon. The inspectors shall take out the ballot without unfolding it
21or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95,
22the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If
23the poll list indicates that proof of residence under s. 6.34 is required and no proof
24of residence is enclosed or the name or address on the document that is provided is
25not the same as the name and address shown on the poll list,
or if the elector is not
1a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s.
26.34 (1) (b), and the elector is required to provide, or to provide a copy of, a license
3or identification card under s. 6.86 (1) (ar) or 6.87 (4) (b) 1. and no copy of the license
4or identification card is enclosed or the name on the document cannot be verified by
5the inspectors, the inspectors shall proceed as provided under s. 6.97 (2). The
6inspectors shall then deposit the ballot into the proper ballot box and enter the
7absent elector's name or voting number after his or her name on the poll list in the
8same manner as if the elector had been present and voted in person.