2021 Assembly BILL 201

March 25, 2021 - Introduced by Representatives Gundrum, Rozar, Edming, Spiros, Krug, Neylon, Brooks, Murphy, Jagler, Allen, Knodl and Wichgers, cosponsored by Senators Stroebel, Darling, Roth, Wanggaard, Bradley, Nass, Ballweg and Felzkowski. Referred to Committee on Campaigns and Elections.

AB201,1,8 An Act to repeal 6.24 (4) (c), 6.86 (2m), 6.87 (4) (b) 2. and 6.87 (4) (b) 3.; to renumber and amend 6.86 (1) (ar); to amend 6.18, 6.30 (5), 6.86 (1) (a) 3., 6.86 (1) (ac), 6.86 (1) (b), 6.86 (2) (a), 6.86 (2) (b), 6.87 (1), 6.87 (2), 6.87 (4) (b) 1., 6.87 (4) (b) 5., 6.875 (3) (a), 6.875 (4) (a) and 7.15 (1) (j); and to create 6.86 (1) (as), 6.86 (2) (am), 6.86 (8), 6.88 (4) and 7.15 (1) (jj) of the statutes; relating to: absentee ballot applications, unsolicited mailing or transmission of absentee ballot applications and absentee ballots, canvassing absentee ballots, 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 elector'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

Current law allows the following voters to receive absentee ballots automatically for each election for specified periods:

a. Indefinitely confined voters. Current law allows a voter who identifies himself or herself as indefinitely confined because of age, physical illness, infirmity, or disability to have, by signing a statement to that effect, an absentee ballot sent to the voter automatically every election. If an indefinitely confined voter fails to vote in an election, the municipal clerk must remove the voter from the indefinitely confined list if the voter does not renew his or her indefinitely confined status after 30-days' notice. Additionally, the clerk must remove a voter from the list if the clerk receives reliable information indicating the voter is no longer indefinitely confined.

b. Overseas voters. Certain overseas voters registered to vote in Wisconsin may apply for automatic receipt of absentee ballots for all national elections occurring during the year of application.

c. Military voters. Service members who are on active duty and as a result are absent from their residence in Wisconsin may apply for automatic receipt of absentee ballots for all elections occurring during the year of application, or as otherwise requested by the service member.

d. All other voters. Any other voter eligible to vote absentee in Wisconsin may apply for automatic receipt of absentee ballots for all elections occurring in the voter's municipality during the year of application.

The bill eliminates the option for indefinitely confined voters, overseas voters, and all other voters, other than military voters, to receive an absentee ballot automatically for any election. However, the bill authorizes indefinitely confined voters to request and receive absentee ballot applications, rather than absentee ballots, automatically for each election. Active duty service members may continue to request automatic receipt of absentee ballots as provided under current law.