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March 16, 2021 - Introduced by Senators Darling, Stroebel, Wimberger,
Ballweg, Bradley, Felzkowski, Feyen, Jacque, Marklein, Nass and
Wanggaard, cosponsored by Representatives Sanfelippo, Edming, Gundrum,
Knodl, Krug, Murphy, Neylon, Skowronski, Steffen, VanderMeer and
Wichgers. Referred to Committee on Elections, Election Process Reform and
Ethics.
SB212,1,3 1An Act to amend 6.87 (9) and 12.60 (1) (a); and to create 12.13 (2) (b) 3g., 12.13
2(2) (b) 3r. and 12.13 (2) (b) 9. of the statutes; relating to: defects on absentee
3ballot certificates, certain kinds of election fraud, and providing a penalty.
Analysis by the Legislative Reference Bureau
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. This 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 current law, an election official who commits election fraud is generally
subject to a fine not to exceed $10,000 or imprisonment not to exceed three years and
six months or both. Under the bill, election officials violating the prohibitions
described above are likewise subject to that penalty.
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.
Under this bill, if a municipal clerk receives an absentee ballot with an
improperly completed certificate or with no certificate, the clerk is required to return
the ballot to the voter and 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. The bill also prohibits the municipal clerk from
correcting a defect in the certificate.
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:
SB212,1 1Section 1. 6.87 (9) of the statutes is amended to read:
SB212,2,92 6.87 (9) If a municipal clerk receives an absentee ballot with an improperly
3completed certificate or with no certificate, the clerk may shall return the ballot to
4the elector, inside the sealed envelope when an envelope is received, together with
5a new envelope if necessary, whenever time permits the elector to correct the defect
6and return the ballot within the period authorized under sub. (6)
and shall post a
7notification of the defect on the elector's voter information page on the Internet site
8that is used by electors for original registration under s. 6.30 (5). The municipal clerk
9may not correct a defect in the certificate
.
SB212,2 10Section 2 . 12.13 (2) (b) 3g. of the statutes is created to read:
SB212,3,3
112.13 (2) (b) 3g. Intentionally assist or cause the casting or counting of a vote
2or the receipt of a registration that is invalid for any reason in addition to those
3specified in subd. 3.
SB212,3 4Section 3 . 12.13 (2) (b) 3r. of the statutes is created to read:
SB212,3,65 12.13 (2) (b) 3r. Intentionally assist or cause the rejection of or failure to
6otherwise count a valid vote or the rejection of a valid registration.
SB212,4 7Section 4 . 12.13 (2) (b) 9. of the statutes is created to read:
SB212,3,108 12.13 (2) (b) 9. Intentionally fail to promptly report a violation under this
9subsection to the commission and to the district attorney for the county in which the
10violation occurred.
SB212,5 11Section 5 . 12.60 (1) (a) of the statutes is amended to read:
SB212,3,1512 12.60 (1) (a) Whoever violates s. 12.09, 12.11 , or 12.13 (1), (2) (b) 1. to 7. or 9.
13or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony, except that a
14whoever violates s. 12.13 (2) (b) 9. by failing to report a violation of s. 12.13 (2) (b) 8.
15is subject to the penalty specified in par. (b)
.
SB212,3,1616 (End)
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