AB201: Bill Text

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. Any person violating that prohibition is guilty of a Class I felony.

5. Notices concerning the canvass of absentee ballots

Under the bill, once the canvassing of absentee ballots begins with respect to any election, the municipal clerk must hourly 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, the number of absentee ballots counted, and the number of absentee ballots remaining to be 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, including the voter's electronic signature, in PDF. The commission must make the PDF version of the completed application available to the municipal clerk or board of election commissioners of the municipality where the voter resides.

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:

AB201,1 Section 1. 6.18 of the statutes is amended to read:

AB201,5,12 6.18 Former residents. If ineligible to qualify as an elector in the state to which the elector has moved, any former qualified Wisconsin elector may vote an absentee ballot in the ward of the elector's prior residence in any presidential election occurring within 24 months after leaving Wisconsin by requesting an application form and returning it, properly executed, to the municipal clerk of the elector's prior Wisconsin residence. When requesting an application form for an absentee ballot, the applicant shall specify the applicant's eligibility for only the presidential ballot. Unless the applicant is exempted from providing proof of identification under s. 6.87 (4) (b) 2. or 3., or the applicant is a military or overseas elector, the elector shall enclose a copy of his or her proof of identification or any authorized substitute document with his or her application. The municipal clerk shall verify that the name on the proof of identification conforms to the name on the application. The clerk shall not issue a ballot to an elector who is required to enclose a copy of proof of identification or an authorized substitute document with his or her application unless the copy is enclosed and the proof is verified by the clerk. The application form shall require the following information and be in substantially the following form:

AB201,5,16 This form shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

AB201,5,17 APPLICATION FOR PRESIDENTIAL

AB201,5,18 ELECTOR'S ABSENTEE BALLOT

AB201,5,19 (To be voted at the Presidential Election

AB201,5,20 on November ...., .... (year)

AB201,6,4 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 28 consecutive days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

AB201,6,5 Signed ....

AB201,6,6 Address ....(Present address)

AB201,6,7 ....(City) ....(State)

AB201,6,8 Subscribed and sworn to before me this .... day of .... .... (year)

AB201,6,9 ....(Notary Public, or other officer authorized to administer oaths.)

AB201,6,10 ....(County)

AB201,6,11 My Commission expires

AB201,6,12 MAIL BALLOT TO:

AB201,6,13 NAME ....

AB201,6,14 ADDRESS ....

AB201,6,15 CITY .... STATE .... ZIP CODE ....

AB201,6,20 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for not more than 6 months or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months or both.

AB201,6,21 ....(Municipal Clerk)

AB201,6,22 ....(Municipality)

AB201,2 Section 2. 6.24 (4) (c) of the statutes is repealed.

AB201,3 Section 3 . 6.30 (5) of the statutes is amended to read:

AB201,8,2 6.30 (5) By electronic application. An eligible elector who holds a current and valid operator's license issued under ch. 343 or a current and valid identification card issued under s. 343.50 may register electronically in the manner prescribed by the commission. The commission shall maintain on the Internet a secure registration form that enables the elector to enter the information required under s. 6.33 (1) electronically. An elector who registers electronically under this subsection must authorize the commission to obtain from the department of transportation an electronic copy of the elector's signature, which signature shall constitute an affirmance that all information provided by the elector is correct and shall have the same effect as if the elector had signed the application personally. The commission shall include on the registration form a place for the elector to give this authorization. Upon submittal of the electronic application, the commission shall obtain from the department of transportation a copy of the electronic signature of the elector. The commission shall maintain the a version of the completed application on file and in portable document format (PDF), which shall contain the elector's electronic signature, shall notify the municipal clerk or board of election commissioners of the municipality where the elector resides of its receipt of each completed application, and shall make the PDF version of the completed application available to the municipal clerk or board of election commissioners. The commission shall also permit any elector who has a current and valid operator's license issued to the elector under ch. 343 or a current and valid identification card issued under s. 343.50 to make changes in his or her registration at the same Internet site that is used by electors for original registration under this subsection. An elector shall attest to the correctness of any changes in the same manner as provided in this subsection for information entered on an application for original registration. The changes shall be incorporated into the PDF version of the elector's completed application maintained by the commission.

AB201,4 Section 4. 6.86 (1) (a) 3. of the statutes is amended to read:

AB201,8,5 6.86 (1) (a) 3. By signing a statement and filing a request to receive absentee ballots under sub. (2) or (2m) (a) or s. 6.22 (4), 6.24 (4), or 6.25 (1) (c).

AB201,5 Section 5 . 6.86 (1) (ac) of the statutes is amended to read:

AB201,8,17 6.86 (1) (ac) Any elector qualifying under par. (a) may make written application to the municipal clerk for an official ballot by means of facsimile transmission or electronic mail. Any application under this paragraph need not shall contain a copy of the applicant's original written signature . An elector requesting a ballot under this paragraph shall return with the voted ballot a copy of the request bearing an original signature of the elector as provided in s. 6.87 (4) or contain the applicant's electronic signature on the application form in portable document format (PDF). Except as authorized in ss. 6.87 (4) (b) 2. to 5. 4. and 5. and 6.875 (6), and notwithstanding s. 343.43 (1) (f), the elector shall transmit a copy of his or her proof of identification in the manner provided in s. 6.87 (1) unless the elector is a military elector or an overseas elector or the elector has a confidential listing under s. 6.47 (2).

AB201,6 Section 6 . 6.86 (1) (ar) of the statutes is renumbered 6.86 (1) (ar) 1. and amended to read:

AB201,9,4 6.86 (1) (ar) 1. Except as authorized in s. 6.875 (6), the municipal clerk shall not issue an absentee ballot unless the clerk receives a written application therefor from a qualified elector of the municipality a completed application in the form prescribed by the commission under par. (as) that contains the elector's original written signature, or, if application is made under par. (ac), that contains the elector's electronic signature or a copy of the elector's original written signature, or the signature of a person the elector authorizes to sign on the elector's behalf under par. (ag) or sub. (3) (a). The clerk shall retain each absentee ballot application until destruction is authorized under s. 7.23 (1). A municipal clerk issuing an absentee ballot contrary to this subdivision is guilty of a Class I felony.

AB201,9,12 2. Except as authorized in s. 6.79 (6) and (7), if a qualified elector applies for an absentee ballot in person at the clerk's office, the clerk shall not issue the elector an absentee ballot unless the elector presents proof of identification. The clerk shall verify that the name on the proof of identification presented by the elector conforms to the name on the elector's application and shall verify that any photograph appearing on that document reasonably resembles the elector. The clerk shall then enter his or her initials on the certificate envelope indicating that the absentee elector presented proof of identification to the clerk.

AB201,7 Section 7 . 6.86 (1) (as) of the statutes is created to read:

AB201,9,19 6.86 (1) (as) The absentee ballot application form and instructions shall be prescribed by the commission and shall be separate and distinct from the certificate envelope prescribed in s. 6.87 (2). The application shall require the elector to certify facts establishing that he or she is qualified to vote in the election at the municipality of his or her legal voting residence and shall include at least all of the following information:

AB201,9,20 1. The elector's municipality and county of residence.

AB201,9,22 2. The elector's name, date of birth, and contact information, including as applicable the elector's telephone number, fax number, and electronic mail address.

AB201,9,23 3. The street address of the elector's legal voting residence.

AB201,9,24 4. The election at which the elector intends to vote absentee.

AB201,9,25 5. Whether the elector is a military or overseas elector.

AB201,10,2 6. The elector's confidential identification serial number if the elector has obtained a confidential listing under s. 6.47 (2).

AB201,10,3 7. The lawful method by which the elector prefers to receive the absentee ballot.

AB201,10,4 8. Whether the elector is hospitalized for purposes of sub. (3).

AB201,8 Section 8. 6.86 (1) (b) of the statutes is amended to read:

AB201,11,4 6.86 (1) (b) Except as provided in this section, if application is made by mail, the application shall be received no later than 5 p.m. on the 5th day immediately preceding the election. If application is made in person, the application shall be made no earlier than 14 days preceding the election and no later than the Sunday preceding the election. No application may be received on a legal holiday. A municipality shall specify the hours in the notice under s. 10.01 (2) (e). The municipal clerk or an election official shall witness the certificate for any in-person absentee ballot cast. Except as provided in par. (c), if the elector is making written application for an absentee ballot at the partisan primary, the general election, the presidential preference primary, or a special election for national office, and the application indicates that the elector is a military elector, as defined in s. 6.34 (1), the application shall be received by the municipal clerk no later than 5 p.m. on election day. If the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then witness the voting procedure as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk as required in s. 6.88. If application is made under sub. (2) or (2m), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

AB201,9 Section 9. 6.86 (2) (a) of the statutes is amended to read:

AB201,11,13 6.86 (2) (a) An elector who is indefinitely confined because of age, physical illness, or infirmity or is disabled for an indefinite period may by signing a statement to that effect require that an absentee ballot application be sent to the elector automatically for every election. The application form and instructions shall be prescribed by the commission, and furnished upon request to any elector by each municipality. The envelope containing the absentee ballot shall be clearly marked as not forwardable. If any elector is no longer indefinitely confined, the elector shall so notify the municipal clerk.

AB201,10 Section 10. 6.86 (2) (am) of the statutes is created to read:

AB201,11,18 6.86 (2) (am) An elector who receives an absentee ballot application under this subsection may return it as provided under sub. (1) and shall enclose a copy of his or her proof of identification or any authorized substitute document with the application.

AB201,11 Section 11. 6.86 (2) (b) of the statutes is amended to read:

AB201,12,5 6.86 (2) (b) The mailing list established under this subsection shall be kept current through all possible means. If an elector fails to cast and return an absentee ballot received for any election for which the elector applies for and receives an absentee ballot application under this subsection, the clerk shall notify the elector by 1st class letter or postcard that his or her name will be removed from the mailing list unless the clerk receives a renewal of the application within 30 days of the notification. The clerk shall remove from the list the name of each elector who does not apply for renewal within the 30-day period. The clerk shall remove the name of any other elector from the list upon request of the elector or upon receipt of reliable information that an elector no longer qualifies for the service. The clerk shall notify the elector of such action not taken at the elector's request within 5 days, if possible.

AB201,12 Section 12. 6.86 (2m) of the statutes is repealed.

AB201,13 Section 13. 6.86 (8) of the statutes is created to read:

AB201,12,12 6.86 (8) (a) No municipal or county clerk or municipal or county board of election commissioners, and no person acting on behalf of the commission, may send or transmit an absentee ballot application or an absentee ballot to an elector for voting in an election unless the elector applies for the application or ballot as provided by law.

AB201,12,13 (b) Whoever violates par. (a) is guilty of a Class I felony.

AB201,14 Section 14. 6.87 (1) of the statutes is amended to read:

AB201,13,2 6.87 (1) Upon proper request made within the period prescribed in s. 6.86, the municipal clerk or a deputy clerk authorized by the municipal clerk shall write on the official ballot, in the space for official endorsement, the clerk's initials, which may not be preprinted or stamped, and official title. Unless application is made in person under s. 6.86 (1) (ar), the absent elector is exempted from providing proof of identification under sub. (4) (b) 2. or 3., or the applicant is a military or overseas elector, the absent elector shall enclose a copy of his or her proof of identification or any authorized substitute document with his or her application. The municipal clerk shall verify that the name on the proof of identification conforms to the name on the application. The clerk shall not issue an absentee ballot to an elector who is required to enclose a copy of proof of identification or an authorized substitute document with his or her application unless the copy is enclosed and the proof is verified by the clerk.

AB201,15 Section 15. 6.87 (2) of the statutes is amended to read:

AB201,13,16 6.87 (2) Except as authorized under sub. (3) (d), the municipal clerk shall place the ballot in an unsealed envelope furnished by the clerk. The envelope shall have the name, official title and post-office address of the clerk upon its face. The other side of the envelope shall have a printed certificate which shall include a space for the municipal clerk or deputy clerk to enter write his or her initials indicating that if the absentee elector voted in person under s. 6.86 (1) (ar), the elector presented proof of identification to the clerk and the clerk verified the proof presented. The certificate shall also include a space for the municipal clerk or deputy clerk to enter write his or her initials indicating that the elector is exempt from providing proof of identification because the individual is a military elector or an overseas elector who does not qualify as a resident of this state under s. 6.10 or is exempted from providing proof of identification under sub. (4) (b) 2. or 3. The certificate shall be in substantially the following form:

AB201,13,17 [STATE OF ....

AB201,13,18 County of ....]

AB201,13,19 or

AB201,13,20 [(name of foreign country and city or other jurisdictional unit)]

AB201,14,8 I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of the .... aldermanic district in the city of ...., residing at ....* in said city, the county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at the election to be held on ....; that I am not voting at any other location in this election; that I am unable or unwilling to appear at the polling place in the (ward) (election district) on election day or have changed my residence within the state from one ward or election district to another later than 28 days before the election. I certify that I exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her) presence and in the presence of no other person marked the ballot and enclosed and sealed the same in this envelope in such a manner that no one but myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could know how I voted.

AB201,14,9 Signed ....

AB201,14,10 Identification serial number, if any: ....

AB201,14,11 The witness shall execute the following:

AB201,14,17 I, the undersigned witness, subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, certify that I am an adult U.S. citizen** and that the above statements are true and the voting procedure was executed as there stated. I am not a candidate for any office on the enclosed ballot (except in the case of an incumbent municipal clerk). I did not solicit or advise the elector to vote for or against any candidate or measure.

AB201,14,18 ....(Printed name)

AB201,14,19 ....(Address)***

AB201,14,20 Signed ....

AB201,14,22 * — An elector who provides an identification serial number issued under s. 6.47 (3), Wis. Stats., need not provide a street address.

AB201,15,2 ** — An individual who serves as a witness for a military elector or an overseas elector voting absentee, regardless of whether the elector qualifies as a resident of Wisconsin under s. 6.10, Wis. Stats., need not be a U.S. citizen but must be 18 years of age or older.

AB201,15,4 *** — If this form is executed before 2 special voting deputies under s. 6.875 (6), Wis. Stats., both deputies shall witness and sign.

AB201,16 Section 16. 6.87 (4) (b) 1. of the statutes is amended to read:

AB201,16,11 6.87 (4) (b) 1. Except as otherwise provided in s. 6.875, an elector voting absentee, other than a military elector or an overseas elector, shall make and subscribe to the certification before one witness who is an adult U.S. citizen. A military elector or an overseas elector voting absentee, regardless of whether the elector qualifies as a resident of this state under s. 6.10, shall make and subscribe to the certification before one witness who is an adult but who need not be a U.S. citizen. The absent elector, in the presence of the witness, shall mark the ballot in a manner that will not disclose how the elector's vote is cast. The elector shall then, still in the presence of the witness, fold the ballots so each is separate and so that the elector conceals the markings thereon and deposit them in the proper envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that the elector conceals the markings thereon and deposit the ballot in the proper envelope. If proof of residence under s. 6.34 is required and the document enclosed by the elector under this subdivision does not constitute proof of residence under s. 6.34, the elector shall also enclose proof of residence under s. 6.34 in the envelope. Except as provided in s. 6.34 (2m), proof of residence is required if the elector is not a military elector or an overseas elector and the elector registered by mail or by electronic application and has not voted in an election in this state. If the elector requested a ballot by means of facsimile transmission or electronic mail under s. 6.86 (1) (ac), the elector shall enclose in the envelope a copy of the request which bears an original written signature of the elector. The elector may receive assistance under sub. (5). The return envelope shall then be sealed. The witness may not be a candidate. The envelope shall be mailed by the elector, or delivered in person, to the municipal clerk issuing the ballot or ballots. If the envelope is mailed from a location outside the United States, the elector shall affix sufficient postage unless the ballot qualifies for delivery free of postage under federal law. Failure to return an unused ballot in a primary does not invalidate the ballot on which the elector's votes are cast. Return of more than one marked ballot in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an electronic voting system in a primary which is marked for candidates of more than one party invalidates all votes cast by the elector for candidates in the primary.

AB201,17 Section 17. 6.87 (4) (b) 2. of the statutes is repealed.

AB201,18 Section 18. 6.87 (4) (b) 3. of the statutes is repealed.

AB201,19 Section 19. 6.87 (4) (b) 5. of the statutes is amended to read: