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In addition, under the bill, no administrator of a qualified retirement home or
residential care facility may deny a special voting deputy from entering the home or
facility unless the governor declares a public health emergency within 60 days
preceding the election for which the deputies are appointed or the Department of
Health Services or the federal Centers for Medicare or Medicaid Services
recommends that the family members of the occupants of a home or facility be denied
access to the home or facility.
Visits to facilities
Under current law, the special voting deputies must, not later than 5 p.m. on
the sixth working day preceding an election, arrange with the administrator of the
qualified retirement home or residential care facility one or more convenient times
to visit the home or facility. The administrator of the home or facility may, upon the
request of a relative of an occupant of the home or facility notify the relative of the
time or times at which special voting deputies will conduct absentee voting at the
home or facility. Current law also requires that the visits may be no earlier than the
fourth Monday preceding the election and no later than 5 p.m. on the Monday
preceding the election
Under the bill, the special voting deputies must make arrangements to visit the
qualified retirement homes or residential care facilities no later than 5 p.m. on the
11th working day preceding the election, and the visits may be no earlier than the
fourth Monday preceding the election and no later than 5 p.m. on the sixth working
day preceding the election. This bill also requires the administrator to provide notice
of the dates and times when the deputies or absentee voting assistants will be
assisting voters at the home or facility to the relatives for whom the home or facility
has contact information.
Under current law, if an eligible voter at a residential care facility or qualified
retirement home is not able to cast his or her ballot on two separate visits by special
voting deputies to the home or facility, the deputies must notify the municipal clerk
or board of election commissioners. The clerk or board may then send the voter an
absentee ballot no later than the Friday before the election. Under the bill, if an
eligible voter of a facility or home is not able to cast his or her ballot on two separate
visits by the special voting deputies because access to the home or facility is restricted
due to a public health emergency or incident of infectious disease, the deputies must
notify the municipal clerk or board of election commissioners. The clerk or board may
then send the voter an absentee ballot as provided under current law.

Penalty
Finally, the bill provides that an employee of a qualified retirement home or
residential care facility who coerces an occupant of the home or facility to apply for
or not apply for an absentee ballot or to cast or refrain from casting a ballot or who
coerces an occupant to cast a ballot for or against a particular candidate or ballot
question is guilty of a Class I felony. In addition, an employee of a qualified
retirement home or residential care facility who coerces an occupant of the home or
facility to register or not register to vote is guilty of a Class I felony.
Use of private resources for election administration
Under the bill, no official or agent of a state agency, county, city, village, or town
may apply for or accept any donation or grant of moneys, equipment, materials, or
personnel from an individual or nongovernmental entity for purposes of election
administration, except as expressly authorized under the statutes relating to
elections. Additionally, the bill provides that no official or agent of a state agency,
county, city, village, or town may enter into a contract related to election
administration that includes any of the following:
1. Any requirement governing election administration.
2. The transfer of any duty or power related to election administration to a
person not having that duty or power under Wisconsin law.
Under the bill, whoever violates one of the prohibitions described above is guilty
of a Class I felony, the penalty for which is a fine not to exceed $10,000 or
imprisonment not to exceed three years and six months, or both.
The bill also makes it a Class I felony for any person to assist in counting or
tabulating votes at an election unless the person is a resident of this state, is an
election official who is trained to the extent provided by law, and has signed the
official oath and returned it to the municipal clerk with respect to that election.
Additionally, under the bill, it is a Class I felony for any individual other than an
election official or a vendor of an electronic voting system to perform any task in
election administration.
Election fraud
Current law prohibits election officials from committing certain kinds of
election fraud, including permitting a person to register to vote or vote when the
election official knows the person is not qualified to do so. The bill provides further
that no election official may do any of the following:
1. Intentionally assist or cause the casting or counting of a vote or the receipt
of a registration that the election official knows is invalid.
2. Intentionally assist or cause a vote or registration to be rejected when the
election official knows the vote or registration is valid.
3. Intentionally fail to promptly report election fraud committed by another
election official.
Under the bill, election officials violating the prohibitions described above are
subject to a Class I felony.

Absentee ballot certificates
Under current law, absentee ballot envelopes include a printed certificate that
must be completed, signed by the voter and a qualified witness, and returned to the
municipal clerk with the completed ballot so that it is delivered to the polling place
no later than 8 p.m. on election day. By completing and signing the certificate, the
voter certifies that he or she is entitled to vote in the election and that the voter
completed his or her absentee ballot in the presence of the witness. The witness
certificate includes the witness's printed name and address in addition to his or her
signature. If a municipal clerk receives an absentee ballot with an improperly
completed certificate or with no certificate, the clerk may, but is not required to,
return the ballot to the voter whenever time permits so that the voter may correct
the defect. If a certificate is missing the address of the witness, the ballot may not
be counted.
Under the bill, if a municipal clerk receives an absentee ballot with an
improperly completed certificate or with no certificate, in addition to being
authorized to return the ballot to the elector, the clerk is required to post a
notification of the defect on the voter's voter information page on the Internet site
that is used by voters for original registration, currently titled MyVote Wisconsin.
Additionally, under the bill, the clerk may attempt to notify the voter of the defect
by other means.
Additionally, under the bill, an absentee ballot with no certificate or with a
certificate that does not include all of the following may not be counted:
1. The voter 's printed first name.
2. The voter's printed last name.
3. The voter's house or apartment number.
4. The voter's street name.
5. The voter's municipality.
6. The voter's signature.
7. The witness's printed first name.
8. The witness's printed last name.
9. The witness's house or apartment number.
10. The witness's street name.
11. The witness's municipality.
12. The witness's signature.
Finally, the bill prohibits any person other than the voter, or the witness with
respect to the witness certificate, from correcting a defect in the voter's absentee
ballot certificate. Whoever violates that prohibition is subject to fine not to exceed
$500 or imprisonment not to exceed 30 days, or both.
Appointment of poll workers
The bill prohibits the appointment of any poll worker who is an employee of any
of the following:
1. A 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.

2. A political organization required to register with the Federal Elections
Commission.
3. An issue advocacy group.
Municipal board of canvassers
Current law requires that the municipal board of canvassers of each
municipality convene immediately following the close of the polls on election day to
publicly canvass the ballots cast. The board may not adjourn until the canvass is
completed, except that the board may adjourn and reconvene at a central count
location to complete the canvass. Current law also requires the municipal clerk to
appoint an individual to serve as a member of the board of canvassers if there are one
or more temporary vacancies on the board and the number of available members to
canvass the ballots is less than three.
The bill allows a municipal board of canvassers to recess as the result of a
natural disaster, if a board member is ill or otherwise incapacitated, or if the physical
condition of the canvass location is unsuitable for continuing the canvass. However,
the bill requires that the board reconvene as soon as possible. In addition, if the
board recesses because a member is ill or otherwise incapacitated, the bill requires
the municipal clerk to immediately appoint an individual to fill the vacancy on the
board to temporarily replace that member.
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:
AB1004,1 1Section 1 . 6.87 (2) (intro.) of the statutes is amended to read:
AB1004,7,72 6.87 (2) (intro.) Except as authorized under sub. (3) (d), the municipal clerk
3shall place the ballot in an unsealed envelope furnished by the clerk. The envelope
4shall have the name, official title and post-office address of the clerk upon its face.
5The other side of the envelope shall have a printed certificate which shall include a
6space for the municipal clerk or deputy clerk to enter his or her initials indicating
7that if the absentee elector voted in person under s. 6.86 (1) (ar), the elector presented
8proof of identification to the clerk and the clerk verified the proof presented. The

1certificate shall also include a space for the municipal clerk or deputy clerk to enter
2his or her initials indicating that the elector is exempt from providing proof of
3identification because the individual is a military elector or an overseas elector who
4does not qualify as a resident of this state under s. 6.10 or is exempted from providing
5proof of identification under sub. (4) (b) 2. or 3. The certificate shall include a distinct
6field for each item required to be entered under sub. (6d) and shall
be in substantially
7the following form:
AB1004,2 8Section 2 . 6.87 (6d) of the statutes is renumbered 6.87 (6d) (intro.) and
9amended to read:
AB1004,7,1210 6.87 (6d) (intro.) If a certificate is missing the address of a witness, the ballot
11An absentee ballot with no certificate or with a certificate that does not include all
12of the following
may not be counted.:
AB1004,3 13Section 3 . 6.87 (6d) (a) to (L) of the statutes are created to read:
AB1004,7,1414 6.87 (6d) (a) The elector's printed first name.
AB1004,7,1515 (b) The elector's printed last name.
AB1004,7,1616 (c) The elector's house or apartment number.
AB1004,7,1717 (d) The elector's street name.
AB1004,7,1818 (e) The elector's municipality.
AB1004,7,1919 (f) The elector's signature.
AB1004,7,2020 (g) The witness's printed first name.
AB1004,7,2121 (h) The witness's printed last name.
AB1004,7,2222 (i) The witness's house or apartment number.
AB1004,7,2323 (j) The witness's street name.
AB1004,7,2424 (k) The witness's municipality.
AB1004,7,2525 (L) The witness's signature.
AB1004,4
1Section 4. 6.87 (9) of the statutes is renumbered 6.87 (9) (a) and amended to
2read:
AB1004,8,103 6.87 (9) (a) If a municipal clerk receives an absentee ballot with an improperly
4completed certificate or with no certificate, the clerk may return the ballot to the
5elector, inside the sealed envelope when an envelope is received, together with a new
6envelope if necessary, whenever time permits the elector to correct the defect and
7return the ballot within the period authorized under sub. (6), and the clerk shall post
8a notification of the defect on the elector's voter information page on the Internet site
9that is used by electors for original registration under s. 6.30 (5). The clerk may also
10attempt to notify the elector of the defect by other means
.
AB1004,5 11Section 5 . 6.87 (9) (b) of the statutes is created to read:
AB1004,8,1512 6.87 (9) (b) No person other than the elector, or the witness with respect to the
13witness certificate, may correct a defect in the elector's absentee ballot certificate.
14Whoever violates this paragraph is guilty of a misdemeanor punishable by a fine not
15to exceed $500 or imprisonment not to exceed 30 days, or both.
AB1004,6 16Section 6 . 6.875 (4) (a) of the statutes is amended to read:
AB1004,9,1617 6.875 (4) (a) For the purpose of absentee voting in qualified retirement homes
18and residential care facilities, the municipal clerk or board of election commissioners
19of each municipality in which one or more qualified retirement homes or residential
20care facilities are located shall appoint at least 2 special voting deputies for the
21municipality. Except as provided in par. (am), upon application under s. 6.86 (1), (2),
22or (2m) by one or more qualified electors who are occupants of a home or facility, the
23municipal clerk or board of election commissioners of the municipality in which the
24home or facility is located shall dispatch 2 special voting deputies to visit the home
25or facility for the purpose of supervising absentee voting procedure by occupants of

1the home or facility. The clerk or board of election commissioners shall maintain a
2list, available to the public upon request, of each home or facility where special voting
3deputies are dispatched. The list shall include the date and time the deputies intend
4to visit each home or facility. The 2 deputies designated to visit each qualified
5retirement home and residential care facility shall be affiliated with different
6political parties whenever deputies representing different parties are available. No
7qualified retirement home or residential care facility may deny entry to a special
8voting deputy appointed under this paragraph except if the home or facility is closed
9to the public during a public health emergency and except if the home or facility is
10closed to the public during an incident of infectious disease, if the administrator of
11the home or facility has signed a verifiable statement documenting the incident and
12filed the statement with the municipal clerk or board of election commissioners.
13During a public health emergency or an incident of infectious disease, if a qualified
14retirement home or residential care facility is closed to the public, the home or facility
15shall allow a personal care voting assistant appointed under sub. (8) to supervise the
16absentee voting procedure used by occupants of the home or facility.
AB1004,7 17Section 7 . 6.875 (4) (b) of the statutes is renumbered 6.875 (4) (b) 1.
AB1004,8 18Section 8 . 6.875 (4) (b) 2. of the statutes is created to read:
AB1004,9,2419 6.875 (4) (b) 2. No individual who is employed or retained at a qualified
20retirement home or residential care facility in the municipality who is not a personal
21care voting assistant appointed under sub. (8) (a) 1. may assist an occupant of the
22home or facility in completing the occupant's absentee ballot, but may assist only in
23distributing the absentee ballots in their unopened envelopes to the occupants who
24requested the ballots.
AB1004,9 25Section 9 . 6.875 (6) (a) of the statutes is amended to read:
AB1004,10,17
16.875 (6) (a) Special voting deputies in each municipality shall, not later than
25 p.m. on the 6th 11th working day preceding an election, arrange one or more
3convenient times with the administrator of each qualified retirement home and
4residential care facility in the municipality that the deputies are scheduled to visit.
5The time may be no earlier than the 4th Monday preceding the election and no later
6than 5 p.m. on the Monday 6th working day preceding the election. The municipal
7clerk shall give notice of each visit by special voting deputies to a qualified retirement
8home or residential care facility in the same manner that notices of public meetings
9are provided by presiding officers under s. 19.84 (1) (b) at least 5 working days in
10advance of each visit, indicating the date and time of the visit. The municipal clerk
11also shall post a notice at the home or facility and on the Internet indicating the date
12and time that absentee voting will take place at that home or facility. The notice shall
13be posted as soon as practicable after arranging the visit but in no case less than 5
14working days before the visit. A municipal clerk whose municipality does not
15maintain an Internet site need not comply with the Internet posting requirement.
16At the designated time, 2 deputies appointed under sub. (4) shall visit the home or
17facility.
AB1004,10 18Section 10 . 6.875 (6) (c) 2. of the statutes is amended to read:
AB1004,11,219 6.875 (6) (c) 2. Upon the request of a relative of an occupant of a qualified
20retirement home or residential care facility, the administrator of the home or facility
21may notify the relative of the time or times at which special voting deputies will
22conduct absentee voting at the home or facility and permit the
The administrator of
23a qualified retirement home or residential care facility shall provide notice of the
24dates and times when the deputies or absentee voting assistants appointed under
25sub. (8) will be facilitating absentee voting at the home or facility to each relative of

1an occupant for whom the home or facility has contact information. The
relative to
2may be present in the room where the voting is conducted.
AB1004,11 3Section 11 . 6.875 (6) (e) of the statutes is renumbered 6.875 (6) (e) 1.
AB1004,12 4Section 12 . 6.875 (6) (e) 2. of the statutes is created to read:
AB1004,11,105 6.875 (6) (e) 2. If a qualified elector is not able to cast his or her ballot on 2
6separate visits by the deputies to the home or facility because access to the home or
7facility is restricted due to a public health emergency or an incident of infectious
8disease, the deputies shall so inform the municipal clerk or executive director of the
9board of election commissioners, who may then send the ballot to the elector no later
10than 5 p.m. on the Friday preceding the election.
AB1004,13 11Section 13 . 6.875 (8) of the statutes is created to read:
AB1004,11,1812 6.875 (8) (a) 1. For an election held during a public health emergency or an
13incident of infectious disease that results in restricting access to a qualified
14retirement home or residential care facility, the municipal clerk or board of election
15commissioners of each municipality in which one or more qualified retirement homes
16or residential care facilities are located may appoint any individual who is employed
17or retained at a qualified retirement home or residential care facility in the
18municipality to serve as a personal care voting assistant.
AB1004,11,2519 2. Personal care voting assistants appointed under subd. 1. shall comply with
20the duties for special voting deputies and complete a 2-hour online training, as
21prescribed by the commission under s. 7.315 (1) (a). A personal care voting assistant
22appointed under subd. 1. need not be a qualified elector of the county where the
23municipality is located, but shall be a qualified elector in this state. No personal care
24voting assistant appointed under subd. 1. may assist with or facilitate the
25registration of any resident of a qualified retirement home or residential care facility.
AB1004,12,13
13. Prior to entering upon his or her duties, each individual appointed to serve
2as a personal care voting assistant under subd. 1. shall file the oath required by s.
37.30 (5). In the oath, the individual shall swear that he or she is qualified to act as
4a personal care voting assistant under this subsection, that he or she has read the
5statutes governing absentee voting, that he or she understands the proper absentee
6voting procedure, that he or she understands the penalties under s. 12.13 for
7noncompliance with the procedure, and that his or her sacred obligation will be to
8fully and fairly implement the absentee voting law and seek to have the intent of the
9electors ascertained. In addition, the oath shall state that the individual realizes
10that any error in conducting the voting procedure may result in invalidation of an
11elector's vote under s. 7.51 (2) (e) and that the individual realizes that absentee
12voting is a privilege and not a constitutional right. The form of the oath shall be
13prescribed by the commission.
AB1004,12,1914 4. The municipal clerk or board of election commissioners shall appoint at least
152 individuals employed or retained by the qualified retirement home or residential
16care facility to serve as personal care voting assistants under subd. 1. The 2 personal
17care voting assistants for each home or facility shall be affiliated with different
18political parties whenever personal care voting assistants representing different
19parties are available.
AB1004,12,2520 (b) A personal care voting assistant appointed under par. (a) 1. shall complete
21documentation, on a form prescribed by the commission, that provides the assistant's
22name, the name of each elector in the qualified retirement home or residential care
23facility for whom the personal care voting assistant provides assistance, and the type
24of assistance provided to the elector. The personal care voting assistant shall also
25include the information contained on the form on the return envelope.
AB1004,13,9
1(c) The form prescribed under par. (b) shall be a document separate from the
2absentee ballot certificate and shall be delivered by the administrator of the home
3or facility to the municipal clerk or board of election commissioners. Absentee ballots
4completed with the assistance of personal care voting assistants shall be mailed to
5the municipal clerk or board of election commissioners, except that the municipal
6clerk or board of election commissioners may make arrangements with the
7administrator of the home or facility to have an election official, other than a personal
8care voting assistant, collect the ballots at the home or facility and return them to
9the clerk or board.
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