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LRB-5959/1
MPG&JK:all
2021 - 2022 LEGISLATURE
February 3, 2022 - Introduced by Senators Stroebel, Darling, Felzkowski and
Marklein, cosponsored by Representatives Gundrum, Rozar, Armstrong,
Behnke, Brooks, Cabral-Guevara, Dittrich, Knodl, Krug, Magnafici,
Penterman, Sanfelippo, Wichgers and Murphy. Referred to Committee on
Elections, Election Process Reform and Ethics.
SB939,1,8 1An Act to repeal 6.87 (4) (b) 3.; to renumber and amend 6.86 (1) (ar); to
2amend
6.18 (intro.), 6.27, 6.30 (5), 6.33 (1), 6.36 (1) (a) 5., 6.86 (1) (a) 1., 6.86
3(1) (ac), 6.86 (2m) (a), 6.87 (1), 6.87 (2) (intro.), 6.87 (4) (b) 1., 6.87 (4) (b) 2., 6.87
4(4) (b) 5. and 12.60 (1) (a); and to create 6.86 (1) (as), 6.86 (8) and 12.13 (3) (md)
5of the statutes; relating to: absentee ballot applications, unsolicited mailing
6or transmission of absentee ballot applications and absentee ballots, secure
7delivery of absentee ballots, canvassing absentee ballots, voter registration
8requirements, electronic voter registration, and providing a penalty.
Analysis by the Legislative Reference Bureau
Absentee ballots
This bill makes a number of changes to the laws relating to absentee ballots in
Wisconsin.
1. Applications for absentee ballots
Subject to an exception for certain voters at residential care facilities and
qualified retirement homes, current law prohibits a municipal clerk from issuing an
absentee ballot to a voter, including in person at the municipal clerk's office, unless
the voter submits a written application for the absentee ballot. Current law does not
prescribe a specific form of written application for requesting absentee ballots.

The bill requires the Elections Commission to prescribe the form and
instructions of the absentee ballot application. The bill also requires the absentee
ballot application to be separate and distinct from the certificate envelope in which
voters must seal and submit absentee ballots, the outer portion of which includes
certifications of both the voter and a witness. Additionally, the bill requires that the
application require the voter to certify facts establishing that he or she is eligible to
vote in the election and must include at least all of the following information:
a. The voter's municipality and county of residence.
b. The voter's name, date of birth, and contact information, including as
applicable the voter's telephone number, fax number, and e-mail address.
c. The street address of the voter's legal voting residence.
d. The election at which the voter intends to vote absentee.
e. Whether the voter is a military or overseas voter.
f. The voter's confidential identification serial number if the voter has obtained
a confidential listing for purposes of voting.
g. The lawful method by which the voter prefers to receive the absentee ballot.
h. Whether the voter is a hospitalized voter.
The bill provides that any municipal clerk issuing an absentee ballot without
having received a completed application on the form prescribed by the Elections
Commission under the bill that contains the voter's original written signature, a copy
of the voter's original written signature if transmitted by facsimile transmission, or
the voter's electronic signature if submitted in Portable Document Format (PDF) by
e-mail, or the signature of a person authorized by law to sign on the voter's behalf,
is subject to a Class I felony, which is punishable by a fine not to exceed $10,000 or
imprisonment not to exceed three years and six months, or both.
2. Automatic receipt of absentee ballots
In addition to indefinitely confined voters, as well as military and overseas
voters, current law allows any other voter eligible to vote absentee in Wisconsin to
apply for automatic receipt of absentee ballots for all elections occurring in the voter's
municipality during the year of application.
Under this bill, a voter must submit a separate application for each primary and
the election associated with that primary for which the voter wishes to receive
absentee ballots automatically. The application must specify the primary and
election to which the application applies. The municipal clerk is required to send an
absentee ballot to the voter automatically only with respect to the primary and
election specified in the application, except that if the voter fails to return the
absentee ballot for the primary, the municipal clerk may not send an absentee ballot
automatically to the voter for the election specified in the application.
3. Photo ID requirements for absentee voters
Current law requires most voters applying to vote absentee in an election to
submit proof of identification, such as a driver's license, with their absentee ballot
application. The municipal clerk must verify that the name on the proof of
identification conforms to the name on the voter's absentee ballot application.
However, current law exempts from that proof of identification requirement certain
voters, including voters who received an absentee ballot from the municipal clerk by

mail for a previous election, had provided proof of identification with that ballot, and
had not changed their name or address since providing that proof of identification.
This bill eliminates that exemption from providing proof of identification when
voting absentee.
4. Unsolicited mailing or transmission of absentee ballot applications and
absentee ballots
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.
Additionally, under the bill, no candidate committee, legislative campaign
committee, political action committee, independent expenditure committee, political
party, recall committee, or referendum committee, as those terms are defined by law,
may send or transmit an absentee ballot application to a voter that contains a return
address for the application other than the address of the municipal clerk or board of
election commissioners of the municipality where the voter is registered to vote.
5. Secure delivery of absentee ballots
Current law provides that a voter may make a written application to the
municipal clerk to obtain an absentee ballot by mail, in person at the clerk's office
or at an alternate absentee ballot site, by an agent for a hospitalized voter, by
delivering an application to a special voting deputy, or electronically. The bill also
allows a voter to use a for-profit commercial delivery service that moves parcels
nationally and internationally to return an absentee ballot application or a
completed absentee ballot.
Current law requires that an absentee ballot be returned by mail or in person
to the municipal clerk. Under the bill, an absentee ballot must be returned by mail
or by the voter, a member of the voter's immediate family, the voter's legal guardian,
or another person designated by the voter to the office of the municipal clerk; to the
municipal clerk at an alternate absentee ballot site; or to the voter's polling place on
election day. If the voter designates a person to return the absentee ballot, the voter
must make that designation in writing and the person designated to return the ballot
must be a registered voter in this state. Under the bill, the voter may not designate
a candidate on the ballot nor compensate the designated person to deliver the ballot.
No person designated to deliver a ballot may deliver more than two ballots for any
election for a person who is not a member of the person's immediate family. Under
the bill, “immediate family” means persons who are related as spouses, as siblings,
as parent and child, or as a grandparent or grandchild.
Finally, the bill prohibits a person from obtaining a marked absentee ballot
from another person in order to deliver it to the municipal clerk or polling place,
unless the person obtaining the ballot is a member of the voter's immediate family,
the voter's legal guardian, or a person designated to return the ballot. A person who
violates this prohibition is guilty of a Class I felony.

Voter registration
1. Registration requirements
The bill provides that no elector of this state may register to vote without
providing the number of a valid driver's license or identification card issued to the
elector by the Department of Transportation or the last four digits of the elector's
social security number.
2. Electronic voter registration
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 that contains the voter's electronic
signature.
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:
SB939,1 1Section 1 . 6.18 (intro.) of the statutes is amended to read:
SB939,5,10 26.18 Former residents. (intro.) If ineligible to qualify as an elector in the
3state to which the elector has moved, any former qualified Wisconsin elector may
4vote an absentee ballot in the ward of the elector's prior residence in any presidential
5election occurring within 24 months after leaving Wisconsin by requesting an
6application form and returning it, properly executed, to the municipal clerk of the
7elector's prior Wisconsin residence. When requesting an application form for an
8absentee ballot, the applicant shall specify the applicant's eligibility for only the

1presidential ballot. Unless the applicant is exempted from providing proof of
2identification under s. 6.87 (4) (b) 2. or 3., or the applicant is a military or overseas
3elector, the elector shall enclose a copy of his or her proof of identification or any
4authorized substitute document with his or her application. The municipal clerk
5shall verify that the name on the proof of identification conforms to the name on the
6application. The clerk shall not issue a ballot to an elector who is required to enclose
7a copy of proof of identification or an authorized substitute document with his or her
8application unless the copy is enclosed and the proof is verified by the clerk. The
9application form shall require the following information and be in substantially the
10following form:
SB939,2 11Section 2 . 6.27 of the statutes is amended to read:
SB939,5,17 126.27 Elector registration required. Each elector shall register under this
13chapter before voting in any election, except as authorized under ss. 6.15, 6.18, and
146.22. No elector may register to vote without providing the number of a current and
15valid operator's license issued to the elector under ch. 343, the number of a current
16and valid identification card issued to the elector under s. 343.50, or the last 4 digits
17of the elector's social security account number.
SB939,3 18Section 3 . 6.30 (5) of the statutes is amended to read:
SB939,6,1619 6.30 (5) By electronic application. An eligible elector who holds a current and
20valid operator's license issued under ch. 343 or a current and valid identification card
21issued under s. 343.50 may register electronically in the manner prescribed by the
22commission. The commission shall maintain on the Internet a secure registration
23form that enables the elector to enter the information required under s. 6.33 (1)
24electronically. An elector who registers electronically under this subsection must
25authorize the commission to obtain from the department of transportation an

1electronic copy of the elector's signature, which signature shall constitute an
2affirmance that all information provided by the elector is correct and shall have the
3same effect as if the elector had signed the application personally. The commission
4shall include on the registration form a place for the elector to give this authorization.
5Upon submittal of the electronic application, the commission shall obtain from the
6department of transportation a copy of the electronic signature of the elector. The
7commission shall maintain the a version of the completed application on file and ,
8which shall contain the elector's electronic signature, and
shall notify the municipal
9clerk or board of election commissioners of the municipality where the elector resides
10of its receipt of each completed application. The commission shall also permit any
11elector who has a current and valid operator's license issued to the elector under ch.
12343 or a current and valid identification card issued under s. 343.50 to make changes
13in his or her registration at the same Internet site that is used by electors for original
14registration under this subsection. An elector shall attest to the correctness of any
15changes in the same manner as provided in this subsection for information entered
16on an application for original registration.
SB939,4 17Section 4 . 6.33 (1) of the statutes is amended to read:
SB939,8,818 6.33 (1) The commission shall prescribe the format, size, and shape of
19registration forms. All nonelectronic forms shall be printed and each item of
20information shall be of uniform font size, as prescribed by the commission. Except
21as otherwise provided in this subsection, electronic forms shall contain the same
22information as nonelectronic forms. The municipal clerk shall supply sufficient
23forms to meet voter registration needs. The commission shall design the form to
24obtain from each elector information as to name; date; residence location; location of
25previous residence immediately before moving to current residence location;

1citizenship; date of birth; age; the number of a current and valid operator's license
2issued to the elector under ch. 343, the number of a current and valid identification
3card issued under s. 343.50,
or the last 4 digits of the elector's social security account
4number; whether the elector has resided within the ward or election district for the
5number of consecutive days specified in s. 6.02 (1); whether the elector has been
6convicted of a felony for which he or she has not been pardoned, and if so, whether
7the elector is incarcerated, or on parole, probation, or extended supervision; whether
8the elector is disqualified on any other ground from voting; and whether the elector
9is currently registered to vote at any other location. The commission shall include
10on the nonelectronic form a space for the elector's signature and on the electronic
11form the authorization specified under s. 6.30 (5). Below the space for the signature
12or authorization, respectively, the commission shall include the following statement:
13“Falsification of information on this form is punishable under Wisconsin law as a
14Class I felony." The commission shall include on the form a space to enter the name
15of any inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the
16form and a space for the inspector, clerk, or deputy clerk to sign his or her name,
17affirming that the inspector, clerk, or deputy clerk has accepted the form. The
18commission shall include on the form a space for entry of the ward and aldermanic
19district, if any, where the elector resides and any other information required to
20determine the offices and referenda for which the elector is certified to vote. The
21commission shall also include on the form a space where the clerk may record an
22indication of whether the form is received by mail or by electronic application, a space
23where the clerk shall record an indication of the type of identifying document
24submitted by the elector as proof of residence under s. 6.34 or an indication that the
25elector's information in lieu of proof of residence was verified under s. 6.34 (2m), the

1name of the entity or institution that issued the identifying document, and, if the
2identifying document includes a number that applies only to the individual holding
3that document, that number. The commission shall also include on the form a space
4where the clerk, for any elector who possesses a valid voting identification card
5issued to the person under s. 6.47 (3), may record the identification serial number
6appearing on the voting identification card. Each county clerk shall obtain sufficient
7registration forms for completion by an elector who desires to register to vote at the
8office of the county clerk under s. 6.28 (4).
SB939,5 9Section 5 . 6.36 (1) (a) 5. of the statutes is amended to read:
SB939,8,1310 6.36 (1) (a) 5. The number of a valid operator's license issued to the elector
11under ch. 343, if any, the number of a current and valid identification card issued
12under s. 343.50, if any,
or the last 4 digits of the elector's social security account
13number, if any.
SB939,6 14Section 6 . 6.86 (1) (a) 1. of the statutes is amended to read:
SB939,8,1615 6.86 (1) (a) 1. By mail or by a for-profit commercial delivery service moving
16parcels nationally and internationally
.
SB939,7 17Section 7 . 6.86 (1) (ac) of the statutes is amended to read:
SB939,9,318 6.86 (1) (ac) Any elector qualifying under par. (a) may make written application
19to the municipal clerk for an official ballot by means of facsimile transmission or
20electronic mail. Any application under this paragraph need not shall contain a copy
21of the applicant's original written signature . An elector requesting a ballot under
22this paragraph shall return with the voted ballot a copy of the request bearing an
23original signature of the elector as provided in s. 6.87 (4)
or contain the applicant's
24electronic signature on the application form in portable document format (PDF)
.
25Except as authorized in ss. 6.87 (4) (b) 2. to, 4., and 5. and 6.875 (6), and

1notwithstanding s. 343.43 (1) (f), the elector shall transmit a copy of his or her proof
2of identification in the manner provided in s. 6.87 (1) unless the elector is a military
3elector or an overseas elector or the elector has a confidential listing under s. 6.47 (2).
SB939,8 4Section 8 . 6.86 (1) (ar) of the statutes is renumbered 6.86 (1) (ar) 1. and
5amended to read:
SB939,9,156 6.86 (1) (ar) 1. Except as authorized in s. 6.875 (6), the municipal clerk shall
7not issue an absentee ballot unless the clerk receives a written application therefor
8from a qualified elector of the municipality a completed application in the form
9prescribed by the commission under par. (as) that contains the elector's original
10written signature, or, if application is made under par. (ac), that contains the elector's
11electronic signature or a copy of the elector's original written signature, or the
12signature of a person the elector authorizes to sign on the elector's behalf under par.
13(ag) or sub. (3) (a)
. The clerk shall retain each absentee ballot application until
14destruction is authorized under s. 7.23 (1). A municipal clerk issuing an absentee
15ballot contrary to this subdivision is guilty of a Class I felony.
SB939,9,23 162. Except as authorized in s. 6.79 (6) and (7), if a qualified elector applies for
17an absentee ballot in person at the clerk's office, the clerk shall not issue the elector
18an absentee ballot unless the elector presents proof of identification. The clerk shall
19verify that the name on the proof of identification presented by the elector conforms
20to the name on the elector's application and shall verify that any photograph
21appearing on that document reasonably resembles the elector. The clerk shall then
22enter his or her initials on the certificate envelope indicating that the absentee
23elector presented proof of identification to the clerk.
SB939,9 24Section 9 . 6.86 (1) (as) of the statutes is created to read:
SB939,10,6
16.86 (1) (as) The absentee ballot application form and instructions shall be
2prescribed by the commission and shall be separate and distinct from the certificate
3envelope prescribed in s. 6.87 (2). The application shall require the elector to certify
4facts establishing that he or she is qualified to vote in the election at the municipality
5of his or her legal voting residence and shall include at least all of the following
6information:
SB939,10,77 1. The elector's municipality and county of residence.
SB939,10,98 2. The elector's name, date of birth, and contact information, including as
9applicable the elector's telephone number, fax number, and electronic mail address.
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