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2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 201
June 11, 2021 - Offered by Representatives Gundrum and Duchow.
AB201-ASA1,1,8
1An Act to repeal 6.87 (4) (b) 3.;
to renumber and amend 6.86 (1) (ar);
to
2amend 6.18 (intro.), 6.30 (5), 6.86 (1) (ac), 6.86 (2m) (a), 6.87 (1), 6.87 (2) (intro.),
36.87 (4) (b) 1., 6.87 (4) (b) 2., 6.87 (4) (b) 5. and 12.60 (1) (a);
to repeal and
4recreate 6.86 (2); and
to create 6.86 (1) (as), 6.86 (8), 6.88 (4) and 12.13 (3) (ig)
5of the statutes;
relating to: absentee ballot applications, unsolicited mailing
6or transmission of absentee ballot applications and absentee ballots,
7canvassing absentee ballots, electronic voter registration, and providing a
8penalty.
Analysis by the Legislative Reference Bureau
Absentee ballots
This bill makes a number of changes to the laws relating to absentee ballots in
Wisconsin.
1. Applications for absentee ballots
Subject to an exception for certain voters at residential care facilities and
qualified retirement homes, current law prohibits a municipal clerk from issuing an
absentee ballot to a voter, including in person at the municipal clerk's office, unless
the voter submits a written application for the absentee ballot. Current law does not
prescribe a specific form of written application for requesting absentee ballots.
The bill requires the Elections Commission to prescribe the form and
instructions of the absentee ballot application. The bill also requires the absentee
ballot application to be separate and distinct from the certificate envelope in which
voters must seal and submit absentee ballots, the outer portion of which includes
certifications of both the voter and a witness. Additionally, the bill requires that the
application require the voter to certify facts establishing that he or she is eligible to
vote in the election and must include at least all of the following information:
a. The voter's municipality and county of residence.
b. The voter's name, date of birth, and contact information, including as
applicable the voter's telephone number, fax number, and e-mail address.
c. The street address of the voter's legal voting residence.
d. The election at which the voter intends to vote absentee.
e. Whether the voter is a military or overseas voter.
f. The voter's confidential identification serial number if the voter has obtained
a confidential listing for purposes of voting.
g. The lawful method by which the voter prefers to receive the absentee ballot.
h. Whether the voter is a hospitalized voter.
The bill provides that any municipal clerk issuing an absentee ballot without
having received a completed application on the form prescribed by the Elections
Commission under the bill that contains the voter's original written signature, a copy
of the voter's original written signature if transmitted by facsimile transmission, or
the voter's electronic signature if submitted in Portable Document Format (PDF) by
e-mail, or the signature of a person authorized by law to sign on the voter's behalf,
is subject to a Class I felony, which is punishable by a fine not to exceed $10,000 or
imprisonment not to exceed three years and six months, or both.
2. Absentee voting by indefinitely confined voters
Current law allows a voter who is indefinitely confined because of age, physical
illness, infirmity, or disability to have, by signing a statement to that effect, an
absentee ballot sent to the voter automatically every election. The voter is not
required to submit a copy of his or her voter identification with the request to receive
absentee ballots automatically, but is required to notify the municipal clerk when the
voter is no longer indefinitely confined.
This bill does all of the following:
a. Provides that a voter may apply for indefinitely confined status by filing a
statement with the municipal clerk affirming that the elector is indefinitely confined
because of his or her age or physical illness or infirmity or is disabled for an indefinite
period. The bill requires the Elections Commission to prescribe the form of
applications and instructions.
b. Provides that a voter having indefinitely confined status may separately
apply to the municipal clerk to have an absentee ballot sent to the voter
automatically for every election that is held within the same calendar year in which
the application is filed. Each application must include a copy of the voter's proof of
identification, except that if a voter does not possess proof of identification, the voter
must submit with his or her application a sworn written statement signed by a U.S.
citizen who is 18 years of age or older affirming the identity of the voter.
c. Specifies that the existence of a public health emergency, disaster, or
epidemic of a communicable disease does not qualify a voter as indefinitely confined.
d. Requires the municipal clerk to remove a voter from the list of indefinitely
confined voters, and stop automatically sending the voter absentee ballots, when the
voter notifies the clerk that he or she is no longer indefinitely confined; when the
voter fails to return an absentee ballot for any election and does not reapply for
indefinitely confined status after receiving notification from the clerk; when the
clerk receives reliable information that the voter is no longer indefinitely confined,
and the clerk verifies that information; when the voter requests to be removed from
the list; or if the voter fails to submit an application for indefinitely confined status
within four years after the date of the elector's most recent application for
indefinitely confined status.
e. Specifies that the penalty for making false statements or providing false
information for the purpose of qualifying as indefinitely confined, or having someone
else qualify as indefinitely confined, is a Class I felony, which is punishable by a fine
not to exceed $10,000 or imprisonment not to exceed three years and six months, or
both. The penalty also applies to intentionally using the sworn statement affirming
the voter's identity to avoid submitting valid proof of identification in the voter's
possession.
3. Automatic receipt of absentee ballots
In addition to indefinitely confined voters, as well as military and overseas
voters, current law allows any other voter eligible to vote absentee in Wisconsin to
apply for automatic receipt of absentee ballots for all elections occurring in the voter's
municipality during the year of application.
Under this bill, a voter must submit a separate application for each primary and
the election associated with that primary for which the voter wishes to receive
absentee ballots automatically. The application must specify the primary and
election to which the application applies. The municipal clerk is required to send an
absentee ballot to the voter automatically only with respect to the primary and
election specified in the application, except that if the voter fails to return the
absentee ballot for the primary, the municipal clerk may not send an absentee ballot
automatically to the voter for the election specified in the application.
4. Photo ID requirements for absentee voters
Current law requires most voters applying to vote absentee in an election to
submit proof of identification, such as a driver's license, with their absentee ballot
application. The municipal clerk must verify that the name on the proof of
identification conforms to the name on the voter's absentee ballot application.
However, current law exempts from that proof of identification requirement certain
voters, including voters who received an absentee ballot from the municipal clerk by
mail for a previous election, had provided proof of identification with that ballot, and
had not changed their name or address since providing that proof of identification.
This bill eliminates that exemption from providing proof of identification when
voting absentee.
5. Unsolicited mailing or transmission of absentee ballot applications and
absentee ballots
The bill prohibits any municipal or county clerk or municipal or county board
of election commissioners, and any person acting on behalf of the Elections
Commission, from sending or transmitting an absentee ballot application or an
absentee ballot to a voter for purposes of voting in an election unless the voter applies
for the application or ballot as provided by law.
Additionally, under the bill, no candidate committee, legislative campaign
committee, political action committee, independent expenditure committee, political
party, recall committee, or referendum committee, as those terms are defined by law,
may send or transmit an absentee ballot application to a voter that contains a return
address for the application other than the address of the municipal clerk or board of
election commissioners of the municipality where the voter is registered to vote.
6. Notices concerning the canvass of absentee ballots
Under the bill, at 9 p.m. on election day, and at least hourly thereafter while
absentee ballots are being canvassed, the municipal clerk must post, at his or her
office and on the Internet, a statement showing the number of absentee ballots that
the clerk has mailed or transmitted to voters, the number of absentee ballots that
have been returned to the clerk, and the number of absentee ballots counted.
Electronic voter registrations
Under current law, an individual holding a valid driver's license or
identification card issued by the Department of Transportation and who is eligible
to vote in Wisconsin may register electronically. The Elections Commission
maintains an Internet site that is used by voting-eligible individuals for purposes
of electronic registration, currently titled MyVote Wisconsin. Current law requires
the commission to provide a secure registration form on that Internet site that
enables the individual to enter and update the information necessary for purposes
of voter registration. Upon the voter's authorization, the commission obtains the
individual's electronic signature from DOT for purposes of authenticating the
information provided by the individual. The bill requires the Elections Commission
to maintain a version of the completed application that contains the voter's electronic
signature.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB201-ASA1,1
1Section 1
. 6.18 (intro.) of the statutes is amended to read:
AB201-ASA1,5,15
26.18 Former residents. (intro.) If ineligible to qualify as an elector in the
3state to which the elector has moved, any former qualified Wisconsin elector may
1vote an absentee ballot in the ward of the elector's prior residence in any presidential
2election occurring within 24 months after leaving Wisconsin by requesting an
3application form and returning it, properly executed, to the municipal clerk of the
4elector's prior Wisconsin residence. When requesting an application form for an
5absentee ballot, the applicant shall specify the applicant's eligibility for only the
6presidential ballot. Unless the applicant is exempted from providing proof of
7identification under s. 6.87 (4) (b) 2. or
3., or the applicant is a military or overseas
8elector, the elector shall enclose a copy of his or her proof of identification or any
9authorized substitute document with his or her application. The municipal clerk
10shall verify that the name on the proof of identification conforms to the name on the
11application. The clerk shall not issue a ballot to an elector who is required to enclose
12a copy of proof of identification or an authorized substitute document with his or her
13application unless the copy is enclosed and the proof is verified by the clerk. The
14application form shall require the following information and be in substantially the
15following form:
AB201-ASA1,2
16Section 2
. 6.30 (5) of the statutes is amended to read:
AB201-ASA1,6,1417
6.30
(5) By electronic application. An eligible elector who holds a current and
18valid operator's license issued under ch. 343 or a current and valid identification card
19issued under s. 343.50 may register electronically in the manner prescribed by the
20commission. The commission shall maintain on the Internet a secure registration
21form that enables the elector to enter the information required under s. 6.33 (1)
22electronically. An elector who registers electronically under this subsection must
23authorize the commission to obtain from the department of transportation an
24electronic copy of the elector's signature, which signature shall constitute an
25affirmance that all information provided by the elector is correct and shall have the
1same effect as if the elector had signed the application personally. The commission
2shall include on the registration form a place for the elector to give this authorization.
3Upon submittal of the electronic application, the commission shall obtain from the
4department of transportation a copy of the electronic signature of the elector. The
5commission shall maintain
the a version of the completed application on file
and
,
6which shall contain the elector's electronic signature, and shall notify the municipal
7clerk or board of election commissioners of the municipality where the elector resides
8of its receipt of each completed application. The commission shall also permit any
9elector who has a current and valid operator's license issued to the elector under ch.
10343 or a current and valid identification card issued under s. 343.50 to make changes
11in his or her registration at the same Internet site that is used by electors for original
12registration under this subsection. An elector shall attest to the correctness of any
13changes in the same manner as provided in this subsection for information entered
14on an application for original registration.
AB201-ASA1,3
15Section 3
. 6.86 (1) (ac) of the statutes is amended to read:
AB201-ASA1,7,216
6.86
(1) (ac) Any elector qualifying under par. (a) may make written application
17to the municipal clerk for an official ballot by means of facsimile transmission or
18electronic mail. Any application under this paragraph
need not shall contain a copy
19of the applicant's original
written signature
. An elector requesting a ballot under
20this paragraph shall return with the voted ballot a copy of the request bearing an
21original signature of the elector as provided in s. 6.87 (4)
or contain the applicant's
22electronic signature on the application form in portable document format (PDF).
23Except as authorized in ss. 6.87 (4) (b) 2.
to 5.
, 4., and 5. and 6.875 (6), and
24notwithstanding s. 343.43 (1) (f), the elector shall transmit a copy of his or her proof
1of identification in the manner provided in s. 6.87 (1) unless the elector is a military
2elector or an overseas elector or the elector has a confidential listing under s. 6.47 (2).
AB201-ASA1,4
3Section 4
. 6.86 (1) (ar) of the statutes is renumbered 6.86 (1) (ar) 1. and
4amended to read:
AB201-ASA1,7,145
6.86
(1) (ar) 1. Except as authorized in s. 6.875 (6), the municipal clerk shall
6not issue an absentee ballot unless the clerk receives
a written application therefor 7from a qualified elector of the municipality
a completed application in the form
8prescribed by the commission under par. (as) that contains the elector's original
9written signature, or, if application is made under par. (ac), that contains the elector's
10electronic signature or a copy of the elector's original written signature, or the
11signature of a person the elector authorizes to sign on the elector's behalf under par.
12(ag) or sub. (3) (a). The clerk shall retain each absentee ballot application until
13destruction is authorized under s. 7.23 (1).
A municipal clerk issuing an absentee
14ballot contrary to this subdivision is guilty of a Class I felony.
AB201-ASA1,7,22
152. Except as authorized in s. 6.79 (6) and (7), if a qualified elector applies for
16an absentee ballot in person at the clerk's office, the clerk shall not issue the elector
17an absentee ballot unless the elector presents proof of identification. The clerk shall
18verify that the name on the proof of identification presented by the elector conforms
19to the name on the elector's application and shall verify that any photograph
20appearing on that document reasonably resembles the elector. The clerk shall then
21enter his or her initials on the certificate envelope indicating that the absentee
22elector presented proof of identification to the clerk.
AB201-ASA1,5
23Section 5
. 6.86 (1) (as) of the statutes is created to read:
AB201-ASA1,8,424
6.86
(1) (as) The absentee ballot application form and instructions shall be
25prescribed by the commission and shall be separate and distinct from the certificate
1envelope prescribed in s. 6.87 (2). The application shall require the elector to certify
2facts establishing that he or she is qualified to vote in the election at the municipality
3of his or her legal voting residence and shall include at least all of the following
4information:
AB201-ASA1,8,55
1. The elector's municipality and county of residence.
AB201-ASA1,8,76
2. The elector's name, date of birth, and contact information, including as
7applicable the elector's telephone number, fax number, and electronic mail address.
AB201-ASA1,8,88
3. The street address of the elector's legal voting residence.
AB201-ASA1,8,99
4. The election at which the elector intends to vote absentee.
AB201-ASA1,8,1010
5. Whether the elector is a military or overseas elector.
AB201-ASA1,8,1211
6. The elector's confidential identification serial number if the elector has
12obtained a confidential listing under s. 6.47 (2).
AB201-ASA1,8,1313
7. The lawful method by which the elector prefers to receive the absentee ballot.
AB201-ASA1,8,1414
8. Whether the elector is hospitalized for purposes of sub. (3).
AB201-ASA1,6
15Section
6. 6.86 (2) of the statutes is repealed and recreated to read:
AB201-ASA1,8,2316
6.86
(2) (a) An elector may apply for indefinitely confined status for purposes
17of this subsection by filing a statement with the municipal clerk affirming that the
18elector is indefinitely confined because of his or her age or physical illness or
19infirmity or is disabled for an indefinite period. The existence anywhere in this state
20of a public health emergency, as defined in s. 323.02 (16), a disaster, as defined in s.
21323.02 (6), or an epidemic of a communicable disease does not qualify an elector as
22indefinitely confined under this subsection. The statement shall contain the name,
23address, date of signature, and signature of the elector.
AB201-ASA1,9,224
(b) 1. An indefinitely confined elector may, by written application filed with the
25municipal clerk of the municipality where the elector resides, request that an
1absentee ballot be sent to the elector automatically for every election that is held
2within the same calendar year in which the application is filed.
AB201-ASA1,9,133
2. Every application filed under this paragraph shall be accompanied by a copy
4of the elector's proof of identification, except that if an elector does not possess proof
5of identification, the elector shall submit with his or her application a sworn written
6statement from a U.S. citizen who is 18 years of age or older affirming the identity
7of the elector. The commission shall prescribe the form of the statement. The
8statement shall contain the name, address, date of signature, and signature of the
9elector and the name, address, date of signature, and signature of the person
10affirming the elector's identity. The statement shall specify that intentionally
11providing false information on or using or attempting to use the sworn statement as
12a means of not providing a copy of proof of identification when the elector possesses
13a valid proof of identification is a Class I felony.
AB201-ASA1,9,2014
3. An elector who submits an application under this paragraph by electronic
15means is not required to provide proof of identification under subd. 2. if, at the time
16of application, the elector provides the number of a current and valid operator's
17license issued under ch. 343, or the number of a current and valid identification card
18issued under s. 343.50, together with the elector's name and date of birth, and the
19commission is able to verify the elector's information using the system maintained
20under s. 6.34 (4).
AB201-ASA1,9,2421
(c) The commission shall prescribe the application forms and instructions for
22use under pars. (a) and (b), and each municipal clerk shall provide the form and
23instructions, upon request, to any elector. The forms for use under this subsection,
24including the application for indefinitely confined voting status and sworn
1statement attesting to the elector's identity, shall be unique to the procedures under
2this subsection.
AB201-ASA1,10,43
(d) Any absentee ballot mailed under this subsection shall be clearly marked
4as not forwardable.
AB201-ASA1,10,75
(e) An elector who is no longer indefinitely confined because of age, illness,
6infirmity, or disability shall immediately notify the clerk of the municipality where
7the elector resides.
AB201-ASA1,10,118
(f) The municipal clerk shall maintain a list of the electors of the municipality
9who are indefinitely confined for purposes of this subsection. The clerk shall remove
10the name of an elector from the list, cease sending absentee ballots to the elector, and
11notify the elector of his or her removal from the list, if any of the following applies:
AB201-ASA1,10,1312
1. The elector notifies the clerk that the elector is no longer indefinitely
13confined.
AB201-ASA1,10,1814
2. The elector fails to cast and return an absentee ballot received under this
15subsection for any election and fails to renew the application for indefinitely confined
16voting status under par. (a) within 30 days after receiving notification from the clerk
17that the clerk will remove the elector's name from the mailing list unless the elector
18renews the elector's application.
AB201-ASA1,10,2119
3. The clerk receives reliable information that the elector no longer qualifies
20as indefinitely confined under par. (a) or (b) and verifies the accuracy of that
21information.