AB898: Bill Text

LRB-5521/1

JK&MPG:cjs

2019 - 2020 LEGISLATURE

2019 Assembly BILL 898

February 11, 2020 - Introduced by Representatives Tusler and Allen. Referred to Committee on Campaigns and Elections.

AB898,1,7 An Act to renumber and amend 5.02 (20) and 8.50 (2) (b); to amend 6.85 (3), 11.0101 (30) (intro.), 11.1401 (3) (a), 11.1401 (3) (b), 12.60 (1) (a), 12.60 (2) (a) and 12.60 (2) (b); and to create 5.02 (20) (b), 8.50 (2) (b) 3., 11.0101 (30) (c), 12.13 (3) (mb) and 12.60 (1) (am) of the statutes; relating to: the time for holding special primaries, requiring those who register electronically or by mail to vote in person the first time they vote, obtaining another person's marked absentee ballot, tampering with voting machines or ballots, and providing a penalty.

Analysis by the Legislative Reference Bureau

Special primaries

Under current law, a vacancy in the office of U.S. senator or representative in congress occurring before the second Tuesday in April in the year of the general election must be filled at a special primary and special election. Current law provides that a special primary be held four weeks before the day of the special election. However, if the election is held on the same day as the spring election, the special primary is held concurrently with the spring primary.

Under current law, with regard to a special election for a national office, the period between a special primary and special election or between the spring primary or spring election does not provide sufficient time to canvass and certify the primary results and prepare ballots to send to overseas voters, in compliance with federal law.

This bill requires that the special primary for a national office be held on the first Tuesday that is at least 10 weeks before the special election for that office. With regard to a special primary for other offices, the bill specifies that a special primary must be held on the first Tuesday that is at least four weeks before the special election.

voting after registration

Current law generally allows any individual who is eligible to vote to vote by absentee ballot. The bill modifies that provision so that an individual who registers to vote electronically or by mail must vote for the first time after such registration in person at the polling place or by in-person absentee ballot, unless the individual is entitled to vote otherwise than in person under federal law. For example, under the Uniformed and Overseas Citizens Absentee Voting Act, an overseas citizen is entitled to vote by absentee ballot. Federal law otherwise allows a state to require that an individual vote in person if the individual registered by mail or has not voted previously in the jurisdiction in which the individual has registered.

Ballot harvesting

The bill prohibits a person from obtaining another person's marked absentee ballot and failing or refusing to deliver it to the proper municipal clerk or polling place. A person who violates this prohibition is guilty of a Class H felony.

tampering

Under current law, tampering with voting machines or equipment or with ballots or ballot boxes containing ballots cast in an election is punishable as a Class I felony, which consists of a fine not to exceed $10,000 or imprisonment not to exceed three years and six months, or both.

Under the bill, such conduct is punishable as a Class H felony, which consists of a fine not to exceed $10,000 or imprisonment not to exceed six years, or both.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB898,1 Section 1 . 5.02 (20) of the statutes is renumbered 5.02 (20) (intro.) and amended to read:

AB898,2,4 5.02 (20) (intro.) “Special primary" means the primary held on the first Tuesday that is at least 4 weeks before the special election , except when as follows:

AB898,3,4 (a) When the special election is held on the same day as the general election the special primary shall be held on the same day as the general primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary.

AB898,2 Section 2 . 5.02 (20) (b) of the statutes is created to read:

AB898,3,7 5.02 (20) (b) A special primary for a national office shall be held on the first Tuesday that is at least 10 weeks before the special election for that office.

AB898,3 Section 3 . 6.85 (3) of the statutes is amended to read:

AB898,3,14 6.85 (3) An elector qualifying under this section may vote by absentee ballot under ss. 6.86 to 6.89, except that an individual who registers by mail under s. 6.30 (4) or by electronic application under s. 6.30 (5) shall vote for the first time after such registration in person at the polling place or by in-person absentee ballot, as provided under s. 6.86 (1) (b), unless the elector is entitled to vote otherwise than in person under 28 USC 20505 (c) (2).

AB898,4 Section 4 . 8.50 (2) (b) of the statutes is renumbered 8.50 (2) (b) (intro.) and amended to read:

AB898,3,19 8.50 (2) (b) (intro.) If a primary is required, the primary shall be on the day first Tuesday that is at least 4 weeks before the day of the special election, except when as follows:

AB898,3,23 1. When the special election is held on the same day as the general election the special primary shall be held on the same day as the partisan primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary, and except when .

AB898,4,3 2. When the special election is held on the Tuesday after the first Monday in November of an odd-numbered year, the primary shall be held on the 2nd Tuesday of August in that year.

AB898,5 Section 5 . 8.50 (2) (b) 3. of the statutes is created to read:

AB898,4,6 8.50 (2) (b) 3. A special primary for a national office shall be held on the first Tuesday that is at least 10 weeks before the special election for that office.

AB898,6 Section 6 . 11.0101 (30) (intro.) of the statutes is amended to read:

AB898,4,9 11.0101 (30) (intro.) “Special primary" means the primary held on the first Tuesday that is 4 weeks before the special election, except as follows:

AB898,7 Section 7 . 11.0101 (30) (c) of the statutes is created to read:

AB898,4,12 11.0101 (30) (c) A special primary for a national office shall be held on the first Tuesday that is at least 10 weeks before the special election for that office.

AB898,8 Section 8 . 11.1401 (3) (a) of the statutes is amended to read:

AB898,4,23 11.1401 (3) (a) If a successful candidate for public office, other than a candidate for the legislature, is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of ch. 12 under s. 12.60 (1) (a) or (am) committed during his or her candidacy, the court shall after entering judgment enter a supplemental judgment declaring a forfeiture of the candidate's right to office. The supplemental judgment shall be transmitted to the officer or agency authorized to issue the certificate of nomination or election to the office for which the person convicted is a candidate. If the candidate's term has not yet begun, the candidate shall not take office. If the candidate's term has begun, the office shall become vacant. The office shall then be filled in the manner provided by law.

AB898,9 Section 9 . 11.1401 (3) (b) of the statutes is amended to read:

AB898,5,5 11.1401 (3) (b) If a successful candidate for the legislature is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of ch. 12 under s. 12.60 (1) (a) or (am) committed during his or her candidacy, the court shall after entering judgment certify its findings to the presiding officer of the house of the legislature to which the candidate was elected.

AB898,10 Section 10 . 12.13 (3) (mb) of the statutes is created to read:

AB898,5,8 12.13 (3) (mb) Obtain a marked absentee ballot from another person and fail or refuse to deliver it to the proper municipal clerk or polling place.

AB898,11 Section 11 . 12.60 (1) (a) of the statutes is amended to read:

AB898,5,11 12.60 (1) (a) Whoever violates s. 12.09, 12.11 , or 12.13 (1), (2) (b) 1. to, 3., 4., 5., 6m., or 7., or (3) (a), (e), (f), (j), (k), (L), (m), or (y) or (z) is guilty of a Class I felony.

AB898,12 Section 12 . 12.60 (1) (am) of the statutes is created to read:

AB898,5,14 12.60 (1) (am) Whoever violates s. 12.13 (2) (b) 2. or 6. or (3) (e), (f), (L), (m), (mb), or (z) is guilty of a Class H felony.

AB898,13 Section 13 . 12.60 (2) (a) of the statutes is amended to read:

AB898,5,24 12.60 (2) (a) If a successful candidate for public office, other than a candidate for the legislature or a candidate for national office, is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a) or (am) committed during his or her candidacy, the court shall after entering judgment enter a supplemental judgment declaring a forfeiture of the candidate's right to office. The supplemental judgment shall be transmitted to the officer or agency authorized to issue the certificate of nomination or election to the office for which the person convicted is a candidate. If the candidate's term has begun, the office shall become vacant. The office shall then be filled in the manner provided by law.