1 | 1 | | LRB-4461/1 |
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2 | 2 | | JK:cdc |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 SENATE BILL 887 |
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5 | 5 | | January 5, 2024 - Introduced by Senator TOMCZYK. Referred to Committee on |
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6 | 6 | | Shared Revenue, Elections and Consumer Protection. |
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7 | 7 | | ***AUTHORS SUBJECT TO CHANGE*** |
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8 | 8 | | AN ACT to amend 6.875 (4) (a) and 6.875 (6) (c) 2. of the statutes; relating to: |
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9 | 9 | | absentee voting in certain residential care facilities and retirement homes. |
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10 | 10 | | Analysis by the Legislative Reference Bureau |
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11 | 11 | | Under current law, absentee voting in person inside residential care facilities |
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12 | 12 | | and qualified retirement homes may be conducted only if the municipal clerk or |
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13 | 13 | | board of election commissioners adopts procedures allowing voters residing in such |
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14 | 14 | | a facility or home to apply for, receive, and complete an absentee ballot by means of |
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15 | 15 | | special voting deputies dispatched to the facility or home for that purpose. A |
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16 | 16 | | municipality that appoints special voting deputies must appoint at least two special |
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17 | 17 | | voting deputies for the municipality and the deputies must be eligible voters of the |
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18 | 18 | | county where the municipality is located. In addition, the two deputies designated |
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19 | 19 | | to visit each qualified retirement home and residential care facility must be affiliated |
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20 | 20 | | with different political parties whenever deputies representing different parties are |
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21 | 21 | | available. |
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22 | 22 | | Under current law, the special voting deputies must, not later than 5 p.m. on |
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23 | 23 | | the sixth working day preceding an election, arrange with the administrator of the |
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24 | 24 | | qualified retirement home or residential care facility one or more convenient times |
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25 | 25 | | to visit the home or facility. The administrator of the home or facility may, upon the |
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26 | 26 | | request of a relative of an occupant of the home or facility notify the relative of the |
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27 | 27 | | time or times at which special voting deputies will conduct absentee voting at the |
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28 | 28 | | home or facility. Current law also requires that the visits may be no earlier than the |
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29 | 29 | | fourth Monday preceding the election and no later than 5 p.m. on the Monday |
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30 | 30 | | preceding the election. |
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32 | 32 | | 2 - 2 -2023 - 2024 Legislature LRB-4461/1 |
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33 | 33 | | JK:cdc |
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34 | 34 | | SENATE BILL 887 |
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35 | 35 | | Under the bill, each administrator of a qualified retirement home or residential |
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36 | 36 | | care facility must consult with the municipal clerk, no later than November 1 of the |
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37 | 37 | | even-numbered year, to establish a written plan ensuring that residents of the home |
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38 | 38 | | or facility are able to vote using special voting deputies. In addition, the bill requires |
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39 | 39 | | the administrator to provide a copy of the plan to all individuals designated as a |
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40 | 40 | | contact by the occupants of the home or facility. Under current law, the administrator |
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41 | 41 | | of a home or facility must notify a resident's relative of the times at which special |
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42 | 42 | | voting deputies will conduct absentee voting at the home or facility and permit the |
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43 | 43 | | relative to be present in the room where the voting is conducted. Under the bill, the |
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44 | 44 | | administrator must provide the same notice to each individual designated as a |
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45 | 45 | | contact by the resident and permit each such individual to be present in the room |
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46 | 46 | | where the voting is conducted. In addition, the bill authorizes the Department of |
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47 | 47 | | Health Services to revoke any permit or license that DHS has issued to the home or |
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48 | 48 | | facility if the administrator of the home or facility fails to provide the notices |
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49 | 49 | | described under current law and under the bill. |
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50 | 50 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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51 | 51 | | enact as follows: |
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52 | 52 | | SECTION 1. 6.875 (4) (a) of the statutes is amended to read: |
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53 | 53 | | 6.875 (4) (a) For the purpose of absentee voting in qualified retirement homes |
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54 | 54 | | and residential care facilities, the municipal clerk or board of election commissioners |
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55 | 55 | | of each municipality in which one or more qualified retirement homes or residential |
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56 | 56 | | care facilities are located shall appoint at least 2 special voting deputies for the |
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57 | 57 | | municipality. Except as provided in par. (am), upon application under s. 6.86 (1), (2), |
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58 | 58 | | or (2m) by one or more qualified electors who are occupants of a home or facility, the |
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59 | 59 | | municipal clerk or board of election commissioners of the municipality in which the |
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60 | 60 | | home or facility is located shall dispatch 2 special voting deputies to visit the home |
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61 | 61 | | or facility for the purpose of supervising absentee voting procedure by occupants of |
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62 | 62 | | the home or facility. The clerk or board of election commissioners shall maintain a |
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63 | 63 | | list, available to the public upon request, of each home or facility where special voting |
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64 | 64 | | deputies are dispatched. The list shall include the date and time the deputies intend |
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65 | 65 | | to visit each home or facility. The 2 deputies designated to visit each qualified |
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80 | 80 | | LRB-4461/1 |
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81 | 81 | | JK:cdc |
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82 | 82 | | SECTION 1 |
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83 | 83 | | SENATE BILL 887 |
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84 | 84 | | retirement home and residential care facility shall be affiliated with different |
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85 | 85 | | political parties whenever deputies representing different parties are available. No |
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86 | 86 | | qualified retirement home or residential care facility may deny entry to a special |
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87 | 87 | | voting deputy. The department of health services shall revoke any permit or license |
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88 | 88 | | issued by the department to a qualified retirement home or residential care facility |
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89 | 89 | | that denies entry to a special voting deputy. No later than November 1 of an |
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90 | 90 | | even-numbered year, each administrator of a qualified retirement home or |
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91 | 91 | | residential care facility shall consult with the municipal clerk of the municipality |
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92 | 92 | | where the home or facility is located to establish a written plan ensuring that |
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93 | 93 | | residents of the home or facility are able to vote in accordance with this section. The |
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94 | 94 | | administrator of the qualified retirement home or residential care facility shall |
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95 | 95 | | provide a copy of the plan established under this paragraph to all individuals |
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96 | 96 | | designated as a contact by the occupants of the home or facility. |
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97 | 97 | | SECTION 2. 6.875 (6) (c) 2. of the statutes is amended to read: |
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98 | 98 | | 6.875 (6) (c) 2. Upon the request of a relative of an occupant of a qualified |
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99 | 99 | | retirement home or residential care facility, the administrator of the home or facility |
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100 | 100 | | may notify the relative of the time or times at which special voting deputies will |
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101 | 101 | | conduct absentee voting at the home or facility and permit the relative to be present |
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102 | 102 | | in the room where the voting is conducted. The administrator shall also provide the |
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103 | 103 | | same notice to each individual designated as a contact by the occupant. Any |
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104 | 104 | | individual receiving the notice may be present in the room where the voting is |
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105 | 105 | | conducted. The department of health services shall revoke any permit or license |
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106 | 106 | | issued by the department to a qualified retirement home or residential care facility |
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129 | 129 | | 23 - 4 -2023 - 2024 Legislature LRB-4461/1 |
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130 | 130 | | JK:cdc |
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131 | 131 | | SECTION 2 SENATE BILL 887 |
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132 | 132 | | if the administrator of the home or facility fails to provide the notices described under |
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133 | 133 | | this subdivision. |
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134 | 134 | | (END) |
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