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February 11, 2020 - Introduced by Representatives Tusler and Allen. Referred to
Committee on Campaigns and Elections.
AB898,1,7 1An Act to renumber and amend 5.02 (20) and 8.50 (2) (b); to amend 6.85 (3),
211.0101 (30) (intro.), 11.1401 (3) (a), 11.1401 (3) (b), 12.60 (1) (a), 12.60 (2) (a)
3and 12.60 (2) (b); and to create 5.02 (20) (b), 8.50 (2) (b) 3., 11.0101 (30) (c), 12.13
4(3) (mb) and 12.60 (1) (am) of the statutes; relating to: the time for holding
5special primaries, requiring those who register electronically or by mail to vote
6in person the first time they vote, obtaining another person's marked absentee
7ballot, 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 1Section 1 . 5.02 (20) of the statutes is renumbered 5.02 (20) (intro.) and
2amended to read:
AB898,2,43 5.02 (20) (intro.) “Special primary" means the primary held on the first
4Tuesday that is at least
4 weeks before the special election , except when as follows:
AB898,3,4
1(a) When the special election is held on the same day as the general election
2the special primary shall be held on the same day as the general primary or if the
3special election is held concurrently with the spring election, the primary shall be
4held concurrently with the spring primary.
AB898,2 5Section 2 . 5.02 (20) (b) of the statutes is created to read:
AB898,3,76 5.02 (20) (b) A special primary for a national office shall be held on the first
7Tuesday that is at least 10 weeks before the special election for that office.
AB898,3 8Section 3 . 6.85 (3) of the statutes is amended to read:
AB898,3,149 6.85 (3) An elector qualifying under this section may vote by absentee ballot
10under ss. 6.86 to 6.89, except that an individual who registers by mail under s. 6.30
11(4) or by electronic application under s. 6.30 (5) shall vote for the first time after such
12registration in person at the polling place or by in-person absentee ballot, as
13provided under s. 6.86 (1) (b), unless the elector is entitled to vote otherwise than in
14person under 28 USC 20505 (c) (2)
.
AB898,4 15Section 4 . 8.50 (2) (b) of the statutes is renumbered 8.50 (2) (b) (intro.) and
16amended to read:
AB898,3,1917 8.50 (2) (b) (intro.) If a primary is required, the primary shall be on the day first
18Tuesday that is at least
4 weeks before the day of the special election, except when
19as follows:
AB898,3,23 201. When the special election is held on the same day as the general election the
21special primary shall be held on the same day as the partisan primary or if the special
22election is held concurrently with the spring election, the primary shall be held
23concurrently with the spring primary, and except when .
AB898,4,3
12. When the special election is held on the Tuesday after the first Monday in
2November of an odd-numbered year, the primary shall be held on the 2nd Tuesday
3of August in that year.
AB898,5 4Section 5 . 8.50 (2) (b) 3. of the statutes is created to read:
AB898,4,65 8.50 (2) (b) 3. A special primary for a national office shall be held on the first
6Tuesday that is at least 10 weeks before the special election for that office.
AB898,6 7Section 6 . 11.0101 (30) (intro.) of the statutes is amended to read:
AB898,4,98 11.0101 (30) (intro.) “Special primary" means the primary held on the first
9Tuesday that is
4 weeks before the special election, except as follows:
AB898,7 10Section 7 . 11.0101 (30) (c) of the statutes is created to read:
AB898,4,1211 11.0101 (30) (c) A special primary for a national office shall be held on the first
12Tuesday that is at least 10 weeks before the special election for that office.
AB898,8 13Section 8 . 11.1401 (3) (a) of the statutes is amended to read:
AB898,4,2314 11.1401 (3) (a) If a successful candidate for public office, other than a candidate
15for the legislature, is adjudged guilty in a criminal action of any violation of this
16chapter under sub. (1) (a) or (b), or of any violation of ch. 12 under s. 12.60 (1) (a) or
17(am)
committed during his or her candidacy, the court shall after entering judgment
18enter a supplemental judgment declaring a forfeiture of the candidate's right to
19office. The supplemental judgment shall be transmitted to the officer or agency
20authorized to issue the certificate of nomination or election to the office for which the
21person convicted is a candidate. If the candidate's term has not yet begun, the
22candidate shall not take office. If the candidate's term has begun, the office shall
23become vacant. The office shall then be filled in the manner provided by law.
AB898,9 24Section 9 . 11.1401 (3) (b) of the statutes is amended to read:
AB898,5,5
111.1401 (3) (b) If a successful candidate for the legislature is adjudged guilty
2in a criminal action of any violation of this chapter under sub. (1) (a) or (b), or of any
3violation of ch. 12 under s. 12.60 (1) (a) or (am) committed during his or her candidacy,
4the court shall after entering judgment certify its findings to the presiding officer of
5the house of the legislature to which the candidate was elected.
AB898,10 6Section 10 . 12.13 (3) (mb) of the statutes is created to read:
AB898,5,87 12.13 (3) (mb) Obtain a marked absentee ballot from another person and fail
8or refuse to deliver it to the proper municipal clerk or polling place.
AB898,11 9Section 11 . 12.60 (1) (a) of the statutes is amended to read:
AB898,5,1110 12.60 (1) (a) Whoever violates s. 12.09, 12.11 , or 12.13 (1), (2) (b) 1. to, 3., 4., 5.,
116m., or
7., or (3) (a), (e), (f), (j), (k), (L), (m), or (y) or (z) is guilty of a Class I felony.
AB898,12 12Section 12 . 12.60 (1) (am) of the statutes is created to read:
AB898,5,1413 12.60 (1) (am) Whoever violates s. 12.13 (2) (b) 2. or 6. or (3) (e), (f), (L), (m),
14(mb), or (z) is guilty of a Class H felony.
AB898,13 15Section 13 . 12.60 (2) (a) of the statutes is amended to read:
AB898,5,2416 12.60 (2) (a) If a successful candidate for public office, other than a candidate
17for the legislature or a candidate for national office, is adjudged guilty in a criminal
18action of any violation of this chapter under sub. (1) (a) or (am) committed during his
19or her candidacy, the court shall after entering judgment enter a supplemental
20judgment declaring a forfeiture of the candidate's right to office. The supplemental
21judgment shall be transmitted to the officer or agency authorized to issue the
22certificate of nomination or election to the office for which the person convicted is a
23candidate. If the candidate's term has begun, the office shall become vacant. The
24office shall then be filled in the manner provided by law.
AB898,14 25Section 14 . 12.60 (2) (b) of the statutes is amended to read:
AB898,6,5
112.60 (2) (b) If a successful candidate for the legislature or U.S. congress is
2adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a)
3or (am) committed during his or her candidacy, the court shall after entering
4judgment certify its findings to the presiding officer of the legislative body to which
5the candidate was elected.
AB898,6,66 (End)
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