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2017 - 2018 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 884
December 4, 2018 - Offered by Senator Fitzgerald.
SB884-SSA1,2,9 1An Act to repeal 6.34 (1) (b), 6.87 (4) (a) 2., 16.84 (5) (d), 165.055 (3), 230.08 (2)
2(sb) and 238.399 (3) (e); to renumber and amend 13.90 (3), 165.08, 165.25 (6)
3(a), 227.40 (3) (intro.), 227.40 (3) (a) and 343.50 (1) (c); to consolidate,
4renumber and amend
6.34 (1) (intro.) and (a) and 6.87 (4) (a) (intro.) and 1.;
5to amend 5.02 (6m) (f), 5.05 (13) (c), 5.05 (13) (d) 1., 6.22 (2) (b), 6.22 (2) (e), 6.22
6(4) (a), 6.22 (4) (c), 6.24 (2), 6.24 (4) (c), 6.24 (4) (d), 6.24 (4) (e), 6.25 (1) (b), 6.276
7(1), 6.86 (1) (b), 6.865 (1), 6.87 (2), 6.87 (3) (d), 6.87 (4) (b) 1., 6.88 (1), 6.97 (1),
87.15 (1) (cm), 7.15 (1) (j), 13.56 (2), 13.90 (2), 13.91 (1) (c), 20.455 (1) (gh), 20.455
9(2) (gb), 20.455 (3) (g), 45.57, 165.10, 165.25 (1), 165.25 (1m), 227.01 (13) (intro.),
10subchapter II (title) of chapter 227 [precedes 227.10], 227.11 (title), 227.13,
11227.40 (1), 227.40 (2) (intro.), 227.40 (2) (e), 227.40 (3) (b) and (c), 227.40 (4) (a),
12227.40 (6), 227.57 (11), 238.02 (1), 238.02 (2), 238.03 (2) (c), 238.03 (2) (e), 238.16
13(5) (e), 238.306 (1) (a), 238.308 (5) (b), 238.395 (3) (d), 238.396 (4) (d), 238.399

1(3) (a), 238.399 (6) (f), 281.665 (5) (d), 343.50 (3) (b), 801.50 (3) (b), 806.04 (11),
2809.13 and subchapter VIII (title) of chapter 893 [precedes 893.80]; and to
3create
5.02 (12n), 6.855 (5), 13.124, 13.127, 13.365, 13.90 (3) (a) and (b), 16.84
4(2m), 16.973 (15), 35.93 (2) (b) 3. im., 227.01 (3m), 227.05, 227.10 (2g), 227.11
5(3), 227.112, 227.26 (2) (im), 238.04 (15), 238.399 (3) (am), 301.03 (16), 343.165
6(8), 343.50 (1) (c) 2., 343.50 (3) (c), 803.09 (2m) and 893.825 of the statutes;
7relating to: legislative powers and duties, state agency and authority
8composition and operations, absentee ballots, and administrative rule-making
9process.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB884-SSA1,1 10Section 1 . 5.02 (6m) (f) of the statutes is amended to read:
SB884-SSA1,2,1811 5.02 (6m) (f) An unexpired identification card issued by a university or college
12in this state that is accredited, as defined in s. 39.30 (1) (d), or by a technical college
13in this state that is a member of and governed by the technical college system under
14ch. 38,
that contains the date of issuance and signature of the individual to whom it
15is issued and that contains an expiration date indicating that the card expires no
16later than 2 years after the date of issuance if the individual establishes that he or
17she is enrolled as a student at the university or college on the date that the card is
18presented.
SB884-SSA1,1b 19Section 1b. 5.02 (12n) of the statutes is created to read:
SB884-SSA1,3,220 5.02 (12n) “Overseas elector" means a U.S. citizen who is residing outside of
21the United States, who is not disqualified from voting under s. 6.03, who has attained
22or will attain the age of 18 by the date of an election at which the citizen proposes to
23vote, who was last domiciled in this state or whose parent was last domiciled in this

1state immediately prior to the parent's departure from the United States, and who
2is not registered to vote or voting in any other state, territory, or possession.
SB884-SSA1,1c 3Section 1c. 5.05 (13) (c) of the statutes is amended to read:
SB884-SSA1,3,74 5.05 (13) (c) The commission shall maintain a freely accessible system under
5which a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined
6in s. 6.34 (1) (b),
who casts an absentee ballot may ascertain whether the ballot has
7been received by the appropriate municipal clerk.
SB884-SSA1,1d 8Section 1d. 5.05 (13) (d) 1. of the statutes is amended to read:
SB884-SSA1,3,129 5.05 (13) (d) 1. To permit a military elector, as defined in s. 6.34 (1) (a), or an
10overseas elector, as defined in s. 6.34 (1) (b), to request a voter registration
11application or an application for an absentee ballot at any election at which the
12elector is qualified to vote in this state.
SB884-SSA1,1e 13Section 1e. 6.22 (2) (b) of the statutes is amended to read:
SB884-SSA1,3,1514 6.22 (2) (b) A military elector shall make and subscribe to the certification
15under s. 6.87 (2) before a witness who is an adult U.S. citizen.
SB884-SSA1,1f 16Section 1f. 6.22 (2) (e) of the statutes is amended to read:
SB884-SSA1,3,2317 6.22 (2) (e) A military elector may file an application for an absentee ballot by
18means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86
19(1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector
20an absentee ballot or, if the elector is a military elector, as defined in s. 6.34 (1) (a),
21and the elector so requests, shall transmit an absentee ballot to the elector by means
22of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3)
23(d).
SB884-SSA1,1fg 24Section 1fg. 6.22 (4) (a) of the statutes is amended to read:
SB884-SSA1,4,6
16.22 (4) (a) Upon receiving a timely request for an absentee ballot under par.
2(b) by an individual who qualifies as a military elector, the municipal clerk shall send
3or, if the individual is a military elector as defined in s. 6.34 (1) (a), shall transmit
4to the elector upon the elector's request an absentee ballot for all elections that occur
5in the municipality or portion thereof where the elector resides in the same calendar
6year in which the request is received, unless the individual otherwise requests.
SB884-SSA1,1fm 7Section 1fm. 6.22 (4) (c) of the statutes is amended to read:
SB884-SSA1,4,138 6.22 (4) (c) A military elector may indicate an alternate address on his or her
9absentee ballot application. If the elector's ballot is returned as undeliverable prior
10to the deadline for return of absentee ballots under s. 6.87 (6), and the elector remains
11eligible to receive absentee ballots under this section, the municipal clerk shall
12immediately send or, if the elector is a military elector as defined in s. 6.34 (1) (a),
13transmit an absentee ballot to the elector at the alternate address.
SB884-SSA1,1g 14Section 1g. 6.24 (2) of the statutes is amended to read:
SB884-SSA1,4,2115 6.24 (2) Eligibility. An overseas elector under sub. (1) may vote in any election
16for national office, including the partisan primary and presidential preference
17primary and any special primary or election. Such elector may not vote in an election
18for state or local office unless the elector qualifies as a resident of this state under
19s. 6.10
. An overseas elector shall vote in the ward or election district in which the
20elector was last domiciled or in which the elector's parent was last domiciled prior
21to departure from the United States.
SB884-SSA1,1gc 22Section 1gc. 6.24 (4) (c) of the statutes is amended to read:
SB884-SSA1,5,1223 6.24 (4) (c) Upon receipt of a timely application from an individual who
24qualifies as an overseas elector and who has registered to vote in a municipality
25under sub. (3), the municipal clerk of the municipality shall send, or if the individual

1is an overseas elector, as defined in s. 6.34 (1) (b), shall transmit, an absentee ballot
2to the individual upon the individual's request for all subsequent elections for
3national office to be held during the year in which the ballot is requested, except as
4otherwise provided in this paragraph, unless the individual otherwise requests or
5until the individual no longer qualifies as an overseas elector of the municipality.
6The clerk shall not send an absentee ballot for an election if the overseas elector's
7name appeared on the registration list in eligible status for a previous election
8following the date of the application but no longer appears on the list in eligible
9status. The municipal clerk shall ensure that the envelope containing the absentee
10ballot is clearly marked as not forwardable. If an overseas elector who files an
11application under this subsection no longer resides at the same address that is
12indicated on the application form, the elector shall so notify the municipal clerk.
SB884-SSA1,1gd 13Section 1gd. 6.24 (4) (d) of the statutes is amended to read:
SB884-SSA1,5,2214 6.24 (4) (d) An overseas elector, regardless of whether the elector qualifies as
15a resident of this state under s. 6.10,
who is not registered may request both a
16registration form and an absentee ballot at the same time, and the municipal clerk
17shall send or transmit the ballot automatically if the registration form is received
18within the time prescribed in s. 6.28 (1). The commission shall prescribe a special
19certificate form for the envelope in which the absentee ballot for such overseas
20electors is contained, which shall be substantially similar to that provided under s.
216.87 (2). An The overseas elector shall make and subscribe to the special certificate
22form before a witness who is an adult U.S. citizen.
SB884-SSA1,1gf 23Section 1gf. 6.24 (4) (e) of the statutes is amended to read:
SB884-SSA1,6,624 6.24 (4) (e) An overseas elector, regardless of whether the elector qualifies as
25a resident of this state under s. 6.10,
may file an application for an absentee ballot

1by means of electronic mail or facsimile transmission in the manner prescribed in s.
26.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the
3elector an absentee ballot or, if the elector is an overseas elector, as defined in s. 6.34
4(1) (b) and the elector
so requests, shall transmit an absentee ballot to the elector by
5means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87
6(3) (d).
SB884-SSA1,1h 7Section 1h. 6.25 (1) (b) of the statutes is amended to read:
SB884-SSA1,6,178 6.25 (1) (b) Any individual who qualifies as an overseas elector under s. 6.24
9(1)
, regardless of whether the elector qualifies as a resident of this state under s. 6.10,
10and who transmits an application for an official absentee ballot for an election for
11national office
, including a primary election, no later than the latest time specified
12for an elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in
13absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all
14candidates of any recognized political party for national office listed on the official
15ballot at that election, if the federal write-in absentee ballot is received by the
16appropriate municipal clerk no later than the applicable time prescribed in s. 6.87
17(6).
SB884-SSA1,1i 18Section 1i. 6.276 (1) of the statutes is amended to read:
SB884-SSA1,6,2019 6.276 (1) In this section, “military elector" and “overseas elector" have has the
20meanings meaning given in s. 6.34 (1).
SB884-SSA1,1j 21Section 1j. 6.34 (1) (intro.) and (a) of the statutes are consolidated,
22renumbered 6.34 (1) and amended to read:
SB884-SSA1,7,523 6.34 (1) In this section: (a) “Military, “military elector" means a member of a
24uniformed service on active duty who, by reason of that duty, is absent from the
25residence where the member is otherwise qualified to vote; a member of the

1merchant marine, as defined in s. 6.22 (1) (a), who by reason of service in the
2merchant marine, is absent from the residence where the member is otherwise
3qualified to vote; or the spouse or dependent of any such member who, by reason of
4the duty or service of the member, is absent from the residence where the spouse or
5dependent is otherwise qualified to vote.
SB884-SSA1,1jb 6Section 1jb. 6.34 (1) (b) of the statutes is repealed.
SB884-SSA1,1js 7Section 1js. 6.855 (5) of the statutes is created to read:
SB884-SSA1,7,98 6.855 (5) A governing body may designate more than one alternate site under
9sub. (1).
SB884-SSA1,1k 10Section 1k. 6.86 (1) (b) of the statutes is amended to read:
SB884-SSA1,8,1111 6.86 (1) (b) Except as provided in this section, if application is made by mail,
12the application shall be received no later than 5 p.m. on the 5th day immediately
13preceding the election. If application is made in person, the application shall be
14made no earlier than the opening of business on the 3rd Monday 14 days preceding
15the election and no later than 7 p.m. on the Friday Sunday preceding the election.
16No application may be received on a legal holiday. An application made in person
17may only be received Monday to Friday between the hours of 8 a.m. and 7 p.m. each
18day.
A municipality shall specify the hours in the notice under s. 10.01 (2) (e). The
19municipal clerk or an election official shall witness the certificate for any in-person
20absentee ballot cast. Except as provided in par. (c), if the elector is making written
21application for an absentee ballot at the partisan primary, the general election, the
22presidential preference primary, or a special election for national office, and the
23application indicates that the elector is a military elector, as defined in s. 6.34 (1), the
24application shall be received by the municipal clerk no later than 5 p.m. on election
25day. If the application indicates that the reason for requesting an absentee ballot is

1that the elector is a sequestered juror, the application shall be received no later than
25 p.m. on election day. If the application is received after 5 p.m. on the Friday
3immediately preceding the election, the municipal clerk or the clerk's agent shall
4immediately take the ballot to the court in which the elector is serving as a juror and
5deposit it with the judge. The judge shall recess court, as soon as convenient, and
6give the elector the ballot. The judge shall then witness the voting procedure as
7provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who
8shall deliver it to the polling place or, in municipalities where absentee ballots are
9canvassed under s. 7.52, to the municipal clerk as required in s. 6.88. If application
10is made under sub. (2) or (2m), the application may be received no later than 5 p.m.
11on the Friday immediately preceding the election.
SB884-SSA1,1L 12Section 1L. 6.865 (1) of the statutes is amended to read:
SB884-SSA1,8,1413 6.865 (1) In this section, “military elector" and "overseas elector" have has the
14meanings meaning given under s. 6.34 (1).
SB884-SSA1,1m 15Section 1m. 6.87 (2) of the statutes is amended to read:
SB884-SSA1,9,316 6.87 (2) Except as authorized under sub. (3) (d), the municipal clerk shall place
17the ballot in an unsealed envelope furnished by the clerk. The envelope shall have
18the name, official title and post-office address of the clerk upon its face. The other
19side of the envelope shall have a printed certificate which shall include a space for
20the municipal clerk or deputy clerk to enter his or her initials indicating that if the
21absentee elector voted in person under s. 6.86 (1) (ar), the elector presented proof of
22identification to the clerk and the clerk verified the proof presented. The certificate
23shall also include a space for the municipal clerk or deputy clerk to enter his or her
24initials indicating that the elector is exempt from providing proof of identification
25because the individual is a military elector or an overseas elector who does not

1qualify as a resident of this state under s. 6.10
or is exempted from providing proof
2of identification under sub. (4) (b) 2. or 3. The certificate shall be in substantially the
3following form:
SB884-SSA1,9,44 [STATE OF ....
SB884-SSA1,9,55 County of ....]
SB884-SSA1,9,77 [(name of foreign country and city or other jurisdictional unit)]
SB884-SSA1,9,208 I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false
9statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of
10the .... aldermanic district in the city of ...., residing at ....* in said city, the county
11of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at
12the election to be held on ....; that I am not voting at any other location in this election;
13that I am unable or unwilling to appear at the polling place in the (ward) (election
14district) on election day or have changed my residence within the state from one ward
15or election district to another later than 28 days before the election. I certify that I
16exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her)
17presence and in the presence of no other person marked the ballot and enclosed and
18sealed the same in this envelope in such a manner that no one but myself and any
19person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance,
20could know how I voted.
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