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LRB-2253/1
JK&MPG:cdc
2021 - 2022 LEGISLATURE
March 23, 2021 - Introduced by Representatives Duchow, Skowronski, Magnafici,
Edming, Steffen, Kerkman, Spiros, Krug, Brooks, Loudenbeck, Gundrum,
Murphy, Knodl and Wichgers, cosponsored by Senators Stroebel, Darling,
Roth, Marklein, Wanggaard, Nass, Ballweg and Felzkowski. Referred to
Committee on Campaigns and Elections.
AB179,1,3 1An Act to amend 6.875 (6) (c) 2. and 12.60 (1) (a); and to create 12.13 (3m) of
2the statutes; relating to: absentee voting in certain residential care facilities
3and retirement homes and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a municipal clerk is required, under certain circumstances,
to dispatch special voting deputies to a residential care facility or qualified
retirement home so that the occupants of the facility or home may cast an absentee
ballot in person with the special voting deputies rather than vote in person at the
appropriate polling place or request and complete an absentee ballot by mail. Under
current law, a retirement home is a facility occupied as a primary residence by 10 or
more unrelated individuals. A qualified retirement home is a retirement home that
has a significant number of occupants who lack adequate transportation to the
polling place, need assistance in voting, are aged 60 or over, or are indefinitely
confined.
Under current law, the special voting deputies must 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.
This bill requires the administrator to provide notice of the dates and times
when the deputies will be visiting the home or facility to the relatives for whom the

home or facility has contact information for each occupant who intends to vote by
absentee ballot with the special voting deputies.
The bill also provides that an employee of a qualified retirement home or
residential care facility who influences an occupant of the home or facility to apply
for or not apply for an absentee ballot or cast or refrain from casting a ballot or
influences an occupant's decision for whom to cast a ballot is guilty of the Class I
felony.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB179,1 1Section 1. 6.875 (6) (c) 2. of the statutes is amended to read:
AB179,2,112 6.875 (6) (c) 2. Upon the request of a relative of an occupant of a qualified
3retirement home or residential care facility, the administrator of the home or facility
4may notify the relative of the time or times at which special voting deputies will
5conduct absentee voting at the home or facility and permit the
The administrator of
6a qualified retirement home or residential care facility shall provide notice of the
7dates and times when the deputies will be visiting the home or facility to each relative
8of an occupant for whom the home or facility has contact information, if the occupant
9intends to vote by absentee ballot with the special voting deputies. The
10administrator may provide the same notice to any other relative of the occupant upon
11request. The
relative to may be present in the room where the voting is conducted.
AB179,2 12Section 2. 12.13 (3m) of the statutes is created to read:
AB179,2,1813 12.13 (3m) Absentee voting in certain residential care facilities and
14retirement homes
. No employee of a qualified retirement home, as defined in s.
156.875 (1) (at), or residential care facility, as defined in s. 6.875 (1) (bm), may influence
16an occupant of the home or facility to apply for or not apply for an absentee ballot or
17cast or refrain from casting a ballot or influence an occupant's decision for whom to
18cast a ballot.
AB179,3
1Section 3. 12.60 (1) (a) of the statutes is amended to read:
AB179,3,32 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or, (3)
3(a), (e), (f), (j), (k), (L), (m), (y) or (z), or (3m) is guilty of a Class I felony.
AB179,3,44 (End)
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