LRB-3235/1
JK:ekg&kjf
2021 - 2022 LEGISLATURE
July 1, 2021 - Introduced by Representatives Horlacher, Wichgers, Brandtjen,
Allen, Armstrong, Cabral-Guevara, Callahan, Dittrich, Edming,
Gundrum, Kuglitsch, Ramthun, Rozar, Skowronski, Tittl, Tusler and
Steffen, cosponsored by Senator Jacque. Referred to Committee on
Campaigns and Elections.
AB437,1,2
1An Act to amend 6.87 (4) (b) 1.; and
to create 6.87 (4) (b) 1m. of the statutes;
2relating to: returning absentee ballots.
Analysis by the Legislative Reference Bureau
Under current law, generally, a voter must return his or her absentee ballot by
mail or deliver the ballot in person to the municipal clerk. Under this bill, a voter
must return his or absentee ballot by mail or deliver the ballot in person to the office
of the municipal clerk. The bill also prohibits designating an alternate site for the
collection of absentee ballots, not including an alternate site for voting in person
absentee, as provided under current law. In addition, the bill prohibits returning an
absentee ballot by depositing it into a drop box, other than a drop box located in the
office of the municipal clerk.
Finally, the bill provides that no individual may collect and deliver the absentee
ballots of other voters unless the individual delivers the ballots in person to the office
of the municipal clerk and prints his or her name and complete residential street
address in a log maintained by the municipal clerk. In addition, the individual must
print in the log the name of each voter for whom the individual delivers an absentee
ballot and the individual's relation to the voter. The individual must also sign and
date his or her entries in the log.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB437,1
1Section
1. 6.87 (4) (b) 1. of the statutes is amended to read:
AB437,3,102
6.87
(4) (b) 1. Except as otherwise provided in s. 6.875, an elector voting
3absentee, other than a military elector or an overseas elector, shall make and
4subscribe to the certification before one witness who is an adult U.S. citizen. A
5military elector or an overseas elector voting absentee, regardless of whether the
6elector qualifies as a resident of this state under s. 6.10, shall make and subscribe
7to the certification before one witness who is an adult but who need not be a U.S.
8citizen. The absent elector, in the presence of the witness, shall mark the ballot in
9a manner that will not disclose how the elector's vote is cast. The elector shall then,
10still in the presence of the witness, fold the ballots so each is separate and so that the
11elector conceals the markings thereon and deposit them in the proper envelope. If
12a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that
13the elector conceals the markings thereon and deposit the ballot in the proper
14envelope. If proof of residence under s. 6.34 is required and the document enclosed
15by the elector under this subdivision does not constitute proof of residence under s.
166.34, the elector shall also enclose proof of residence under s. 6.34 in the envelope.
17Except as provided in s. 6.34 (2m), proof of residence is required if the elector is not
18a military elector or an overseas elector and the elector registered by mail or by
19electronic application and has not voted in an election in this state. If the elector
20requested a ballot by means of facsimile transmission or electronic mail under s. 6.86
21(1) (ac), the elector shall enclose in the envelope a copy of the request which bears an
22original signature of the elector. The elector may receive assistance under sub. (5).
23The return envelope shall then be sealed. The witness may not be a candidate. The
24envelope shall be mailed by the elector, or delivered in person, to the
office of the 25municipal clerk issuing the ballot or ballots.
Except as provided in s. 6.855, no
1alternate site may be designated for the collection of absentee ballots and no
2absentee ballot may be returned by depositing the ballot into a drop box, other than
3a drop box located in the office of the municipal clerk. If the envelope is mailed from
4a location outside the United States, the elector shall affix sufficient postage unless
5the ballot qualifies for delivery free of postage under federal law. Failure to return
6an unused ballot in a primary does not invalidate the ballot on which the elector's
7votes are cast. Return of more than one marked ballot in a primary or return of a
8ballot prepared under s. 5.655 or a ballot used with an electronic voting system in a
9primary which is marked for candidates of more than one party invalidates all votes
10cast by the elector for candidates in the primary.
AB437,2
11Section
2. 6.87 (4) (b) 1m. of the statutes is created to read:
AB437,3,1812
6.87
(4) (b) 1m. No individual may collect and deliver return envelopes of other
13electors unless the individual delivers the return envelopes in person to the office of
14the municipal clerk and prints his or her name and complete residential street
15address in a log maintained by the municipal clerk. In addition, the individual shall
16print in the log the name of each elector for whom the individual delivers a return
17envelope and the individual's relation to the elector. The individual shall also sign
18and date his or her entries in the log.