AB814,13,518 6.875 (6) (c) 1. Upon their visit to the home or facility under par. (a), the
19deputies shall personally offer each elector who has filed a proper application for an
20absentee ballot the opportunity to cast his or her absentee ballot. If an elector is
21present who has not filed a proper application for an absentee ballot, the 2 deputies
22may accept an application from the elector and shall issue a ballot to the elector if
23the elector is qualified, the elector presents identification, whenever required under
24s. 6.345,
and the application is proper. The deputies shall each witness the
25certification and may, upon request of the elector, assist the elector in marking the

1elector's ballot. All voting shall be conducted in the presence of the deputies. Upon
2request of the elector, a relative of the elector who is present in the room may assist
3the elector in marking the elector's ballot. No individual other than a deputy may
4witness the certification and no individual other than a deputy or relative of an
5elector may render voting assistance to the elector.
AB814, s. 20 6Section 20. 6.88 (3) (a) of the statutes is amended to read:
AB814,14,47 6.88 (3) (a) Except in municipalities where absentee ballots are canvassed
8under s. 7.52, at any time between the opening and closing of the polls on election day,
9the inspectors shall, in the same room where votes are being cast, in such a manner
10that members of the public can hear and see the procedures, open the carrier
11envelope only, and announce the name of the absent elector or the identification
12serial number of the absent elector if the elector has a confidential listing under s.
136.47 (2). When the inspectors find that the certification has been properly executed,
14the applicant is a qualified elector of the ward or election district, and the applicant
15has not voted in the election, they shall enter an indication on the poll list next to the
16applicant's name indicating an absentee ballot is cast by the elector. They shall then
17open the envelope containing the ballot in a manner so as not to deface or destroy the
18certification thereon. The inspectors shall take out the ballot without unfolding it
19or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95,
20the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If
21the poll list indicates that proof of residence under s. 6.34 is required and no proof
22of residence is enclosed or the name or address on the document that is provided is
23not the same as the name and address shown on the poll list, or if the elector is
24required to provide identification under s. 6.345 and no copy of the identification is
25enclosed or the name on the document that is provided cannot be verified by the

1inspectors,
the inspectors shall proceed as provided under s. 6.97 (2). The inspectors
2shall then deposit the ballot into the proper ballot box and enter the absent elector's
3name or voting number after his or her name on the poll list in the same manner as
4if the elector had been present and voted in person.
AB814, s. 21 5Section 21. 6.965 of the statutes is created to read:
AB814,14,25 66.965 Voting procedure for electors presenting citation or notice in
7lieu of license.
Whenever any elector is allowed to vote at a polling place under s.
86.79 (7) by presenting a citation or notice of intent to revoke or suspend an operator's
9license in lieu of an operator's license issued to the elector under ch. 343, the
10inspectors shall, before giving the elector a ballot, write on the back of the ballot the
11serial number of the elector corresponding to the number kept at the election on the
12poll list or other list maintained under s. 6.79 and the notation "s. 6.965." If voting
13machines are used in the municipality where the elector is voting, the elector's vote
14may be received only upon an absentee ballot furnished by the municipal clerk which
15shall have the notation "s. 6.965" written on the back of the ballot by the inspectors
16before the ballot is given to the elector. If the municipal clerk receives an absentee
17ballot from an elector who presents a citation or notice, or copy thereof, under s. 6.87
18(4) (b), the clerk shall enter a notation on the certificate envelope "Ballot under s.
196.965, stats." Upon receiving the envelope, the inspectors shall open and write on
20the back of the ballot the serial number of the elector corresponding to the number
21kept at the election on the poll list or other list maintained under s. 6.79 and the
22notation "s. 6.965." The inspectors shall indicate on the poll list or other list
23maintained under s. 6.79 the fact that the elector is voting by using a citation or
24notice in lieu of a license. The inspectors shall then deposit the ballot. The ballot
25shall then be counted under s. 5.85, or under s. 7.51 or 7.52.
AB814, s. 22
1Section 22. 6.97 (title) of the statutes is amended to read:
AB814,15,3 26.97 (title) Voting procedure for individuals not providing required
3proof of residence or identification.
AB814, s. 23 4Section 23. 6.97 (1) and (2) of the statutes are amended to read:
AB814,16,95 6.97 (1) Whenever any individual who is required to provide proof of residence
6under s. 6.34 in order to be permitted to vote appears to vote at a polling place and
7cannot provide the required proof of residence, the inspectors shall offer the
8opportunity for the individual to vote under this section. Whenever any individual
9who is required to provide identification under s. 6.345 appears to vote at a polling
10place and does not present identification, the inspectors or the municipal clerk shall
11similarly offer the opportunity for the individual to vote under this section.
If the
12individual wishes to vote, the inspectors shall provide the elector with an envelope
13marked "Ballot under s. 6.97, stats." on which the serial number of the elector is
14entered and shall require the individual to execute on the envelope a written
15affirmation stating that the individual is a qualified elector of the ward or election
16district where he or she offers to vote and is eligible to vote in the election. The
17inspectors shall, before giving the elector a ballot, write on the back of the ballot the
18serial number of the individual corresponding to the number kept at the election on
19the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". If voting
20machines are used in the municipality where the individual is voting, the
21individual's vote may be received only upon an absentee ballot furnished by the
22municipal clerk which shall have the corresponding number from the poll list or
23other list maintained under s. 6.79 and the notation "s. 6.97" written on the back of
24the ballot by the inspectors before the ballot is given to the elector. When receiving
25the individual's ballot, the inspectors shall provide the individual with written

1voting information prescribed by the board under s. 7.08 (8). The inspectors shall
2indicate on the list the fact that the individual is required to provide proof of
3residence or identification under s. 6.345 but did not do so. The inspectors shall
4notify the individual that he or she may provide proof of residence or identification
5to the municipal clerk or executive director of the municipal board of election
6commissioners. The inspectors shall also promptly notify the municipal clerk or
7executive director of the name, address, and serial number of the individual. The
8inspectors shall then place the ballot inside the envelope and place the envelope in
9a separate carrier envelope.
AB814,17,2 10(2) Whenever any individual who votes by absentee ballot is required to
11provide proof of residence in order to be permitted to vote and does not provide the
12required proof of residence under s. 6.34, the inspectors shall treat the ballot as a
13provisional ballot under this section. Whenever any individual who is required to
14provide identification under s. 6.345, other than an individual who is exempted
15under s. 6.87 (4), votes by absentee ballot and does not enclose a copy of the
16identification specified in s. 6.86 (1) (ar), the inspectors shall similarly treat the
17ballot as a provisional ballot under this section. Upon removing the ballot from the
18envelope, the
inspectors shall write on the back of the absentee ballot the serial
19number of the individual corresponding to the number kept at the election on the poll
20list or other list maintained under s. 6.79 and the notation "s. 6.97". The inspectors
21shall indicate on the list the fact that the individual is required to provide proof of
22residence or a copy of the identification specified in s. 6.86 (1) (ar) but did not do so.
23The inspectors shall promptly notify the municipal clerk or executive director of the
24municipal board of election commissioners of the name, address, and serial number
25of the individual. The inspectors shall then place the ballot inside an envelope on

1which the name and serial number of the elector is entered and shall place the
2envelope in a separate carrier envelope.
AB814, s. 24 3Section 24. 6.97 (3) of the statutes is renumbered 6.97 (3) (b) and amended to
4read:
AB814,17,245 6.97 (3) (b) Whenever the municipal clerk or executive director of the municipal
6board of election commissioners is informed by the inspectors that a ballot has been
7cast under this section, the clerk or executive director shall promptly provide written
8notice to the board of canvassers of each municipality, special purpose district, and
9county that is responsible for canvassing the election of the number of ballots cast
10under this section in each ward or election district. The municipal clerk or executive
11director then shall determine whether each individual voting under this section is
12qualified to vote in the ward or election district where the individual's ballot is cast.
13If the elector is required to provide a license or identification card or copy thereof
14under s. 6.79 (2) or 6.87 (4) and fails to do so, the elector bears the burden of correcting
15the omission by providing the license or identification card or copy thereof at the
16polling place before the closing hour or at the office of the municipal clerk or board
17of election commissioners no later than 4 p.m. on the day after the election.
The
18municipal clerk or executive director shall make a record of the procedure used to
19determine the validity of each ballot cast under this section. If, prior to 4 p.m. on the
20day after the election, the municipal clerk or executive director determines that the
21individual is qualified to vote in the ward or election district where the individual's
22ballot is cast, the municipal clerk or executive director shall notify the board of
23canvassers for each municipality, special purpose district and county that is
24responsible for canvassing the election of that fact.
AB814, s. 25 25Section 25. 6.97 (3) (a) and (c) of the statutes are created to read:
AB814,18,10
16.97 (3) (a) Whenever an elector who votes by provisional ballot under sub. (1)
2or (2) because the elector does not provide a license or identification card or copy
3thereof under s. 6.79 (2) or 6.87 (4) later appears at the polling place where the ballot
4is cast before the closing hour and provides the license or identification card, the
5inspectors shall remove the elector's ballot from the separate carrier envelope, shall
6note on the poll list that the elector's provisional ballot is withdrawn, and shall
7deposit the elector's ballot in the ballot box. If the inspectors have notified the
8municipal clerk or executive director of the board of election commissioners that the
9elector's ballot was cast under this section, the inspectors shall notify the clerk or
10executive director that the elector's provisional ballot is withdrawn.
AB814,18,1511 (c) A ballot cast under this section by an elector for whom a valid license or
12identification card or copy thereof is required under s. 6.79 (2) or 6.87 (4) shall not
13be counted unless the municipal clerk or executive director of the board of election
14commissioners provides timely notification that the elector has provided a valid
15license or identification card or copy thereof under this section.
AB814, s. 26 16Section 26. 6.97 (4) of the statutes is amended to read:
AB814,19,217 6.97 (4) Whenever a board of canvassers receives timely notification from the
18municipal clerk or executive director of the board of election commissioners under
19sub. (3) (b) that an individual who has voted under this section is qualified to vote
20in the ward or election district where the individual's ballot is cast, the board of
21canvassers shall promptly reconvene and, if the ballot cast by the individual is
22otherwise valid, shall count the ballot and adjust the statements, certifications and
23determinations accordingly. If the municipal clerk or executive director transmits
24returns of the election to the county clerk or board of election commissioners, the
25municipal clerk or executive director shall transmit to the county clerk or board of

1election commissioners a copy of the amended returns together with all additional
2ballots counted by each board of canvassers.
AB814, s. 27 3Section 27. 7.08 (1) (c) of the statutes is amended to read:
AB814,19,84 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1),
56.345, 6.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms
6shall contain a statement of the penalty applicable to false or fraudulent registration
7or voting through use of the form. Forms are not required to be furnished by the
8board.
AB814, s. 28 9Section 28. 7.08 (8) (title) of the statutes is amended to read:
AB814,19,1110 7.08 (8) (title) Electors voting without proof of residence or identification
11or pursuant to court order.
AB814, s. 29 12Section 29. 7.52 (3) (a) of the statutes is amended to read:
AB814,20,1113 7.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier
14envelope only, and, in such a manner that a member of the public, if he or she desired,
15could hear, announce the name of the absent elector or the identification serial
16number of the absent elector if the elector has a confidential listing under s. 6.47 (2).
17When the board of absentee ballot canvassers finds that the certification has been
18properly executed and the applicant is a qualified elector of the ward or election
19district, the board of absentee ballot canvassers shall enter an indication on the poll
20list next to the applicant's name indicating an absentee ballot is cast by the elector.
21The board of absentee ballot canvassers shall then open the envelope containing the
22ballot in a manner so as not to deface or destroy the certification thereon. The board
23of absentee ballot canvassers shall take out the ballot without unfolding it or
24permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the
25board of absentee ballot canvassers shall verify that the ballot has been endorsed by

1the issuing clerk. If the poll list indicates that proof of residence is required and no
2proof of residence is enclosed or the name or address on the document that is provided
3is not the same as the name and address shown on the poll list, or if the elector is
4required to provide a copy of identification under s. 6.87 (4) and no copy of the
5identification is enclosed or the name on the document cannot be verified by the
6canvassers,
the board of absentee ballot canvassers shall proceed as provided under
7s. 6.97 (2). The board of absentee ballot canvassers shall mark the poll list number
8of each elector who casts an absentee ballot on the back of the elector's ballot. The
9board of absentee ballot canvassers shall then deposit the ballot into the proper
10ballot box and enter the absent elector's name or poll list number after his or her
11name on the poll list.
AB814, s. 30 12Section 30. 10.02 (3) (form) (a) of the statutes is amended to read:
AB814,21,313 10.02 (3) (form) (a) Upon entering the polling place and before being permitted
14to vote, an elector shall state his or her name and address. If an elector is not
15registered to vote, an elector may register to vote at the polling place serving his or
16her residence if the elector provides proof of residence or the elector's registration is
17verified by another elector of the same municipality where the elector resides. If an
18elector has elected to be subject to an identification requirement under s. 6.345 (1),
19and any proof of residence provided by the elector does not constitute identification,
20the elector shall also present a valid Wisconsin operator's license, a valid, current
21identification card issued to the elector by a U.S. uniformed service, or a valid
22Wisconsin identification card unless the elector is exempted from this requirement
.
23Where ballots are distributed to electors, the initials of 2 inspectors must appear on
24the ballot. Upon being permitted to vote, the elector shall retire alone to a voting
25booth or machine and cast his or her ballot, except that an elector who is a parent or

1guardian may be accompanied by the elector's minor child or minor ward. An
2election official may inform the elector of the proper manner for casting a vote, but
3the official may not in any manner advise or indicate a particular voting choice.
AB814, s. 31 4Section 31.0 Initial applicability.
AB814,21,65 (1) This act first applies with respect to voting at the 2011 spring primary
6election.
AB814, s. 32 7Section 32. Effective date.
AB814,21,88 (1) This act takes effect on January 1, 2011.
AB814,21,99 (End)
Loading...
Loading...