Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1037 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1037
5	5	February 1, 2024 - Introduced by Representatives ROZAR, KRUG, ALLEN, BINSFELD,
6	6	BODDEN, BRANDTJEN, DITTRICH, GOEBEN, HURD, KITCHENS, MAXEY, MELOTIK,
7	7	MOSES, O'CONNOR, PENTERMAN, SORTWELL and WICHGERS, cosponsored by
8	8	Senators TOMCZYK, BRADLEY, CABRAL-GUEVARA, JAMES and TESTIN. Referred to
9	9	Committee on Campaigns and Elections.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to renumber 6.87 (9); to renumber and amend 6.87 (6d); to amend
12	12	6.86 (6) and 6.87 (2) (intro.); and to create 6.87 (6d) (a) to (g) and 6.87 (9) (b)
13	13	of the statutes; relating to: witness address requirements on absentee ballot
14	14	certificates, curing defects on absentee ballot certificates, and providing a
15	15	penalty.
16	16	Analysis by the Legislative Reference Bureau
17	17	Under current law, absentee ballot envelopes include a printed certificate that
18	18	must be completed, signed by the voter and a qualified witness, and returned to the
19	19	municipal clerk with the completed ballot so that it is delivered to the polling place
20	20	no later than 8 p.m. on election day. The witness certificate includes the witness's
21	21	printed name and address in addition to his or her signature. If a municipal clerk
22	22	receives an absentee ballot with an improperly completed certificate, the clerk may,
23	23	but is not required to, return the ballot to the voter whenever time permits so that
24	24	the voter may correct the defect. If a certificate is missing the address of the witness,
25	25	the ballot may not be counted.
26	26	Under this bill, an absentee ballot that is returned with a witness certification
27	27	that does not include all of the following may not be counted:
28	28	1. The witness's printed first name.
29	29	2. The witness's printed last name.
30	30	3. The witness's house or apartment number.
31	31	4. The witness's street name.
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38	38	ASSEMBLY BILL 1037
39	39	5. The witness's municipality.
40	40	6. The witness's state.
41	41	7. The witness's zip code.
42	42	The bill further prohibits any person other than the voter, or the witness with
43	43	respect to the witness certificate, from correcting a defect in the voter's absentee
44	44	ballot certificate. Whoever violates this prohibition is subject to a fine not to exceed
45	45	$500 or imprisonment not to exceed 30 days, or both.
46	46	Because this bill creates a new crime or revises a penalty for an existing crime,
47	47	the Joint Review Committee on Criminal Penalties may be requested to prepare a
48	48	report.
49	49	The people of the state of Wisconsin, represented in senate and assembly, do
50	50	enact as follows:
51	51	SECTION 1. 6.86 (6) of the statutes is amended to read:
52	52	6.86 (6) Except as authorized in sub. (5) and s. 6.87 (9) (a), if an elector mails
53	53	or personally delivers an absentee ballot to the municipal clerk, the municipal clerk
54	54	shall not return the ballot to the elector. An elector who mails or personally delivers
55	55	an absentee ballot to the municipal clerk at an election is not permitted to vote in
56	56	person at the same election on election day.
57	57	SECTION 2. 6.87 (2) (intro.) of the statutes is amended to read:
58	58	6.87 (2) (intro.) Except as authorized under sub. (3) (d), the municipal clerk
59	59	shall place the ballot in an unsealed envelope furnished by the clerk. The envelope
60	60	shall have the name, official title and post-office address of the clerk upon its face.
61	61	The other side of the envelope shall have a printed certificate which shall include a
62	62	space for the municipal clerk or deputy clerk to enter his or her initials indicating
63	63	that if the absentee elector voted in person under s. 6.86 (1) (ar), the elector presented
64	64	proof of identification to the clerk and the clerk verified the proof presented. The
65	65	certificate shall also include a space for the municipal clerk or deputy clerk to enter
66	66	his or her initials indicating that the elector is exempt from providing proof of
67	67	identification because the individual is a military elector or an overseas elector who
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87	87	SECTION 2
88	88	ASSEMBLY BILL 1037
89	89	does not qualify as a resident of this state under s. 6.10 or is exempted from providing
90	90	proof of identification under sub. (4) (b) 2. or 3. The certificate shall include a distinct
91	91	field for each item required to be entered under sub. (6d) and shall be in substantially
92	92	the following form:
93	93	SECTION 3. 6.87 (6d) of the statutes is renumbered 6.87 (6d) (intro.) and
94	94	amended to read:
95	95	6.87 (6d) (intro.) If a certificate is missing the address of a any of the following
96	96	witness information, the ballot may not be counted.:
97	97	SECTION 4. 6.87 (6d) (a) to (g) of the statutes are created to read:
98	98	6.87 (6d) (a) The witness's printed first name.
99	99	(b) The witness's printed last name.
100	100	(c) The witness's house or apartment number.
101	101	(d) The witness's street name.
102	102	(e) The witness's municipality.
103	103	(f) The witness's state.
104	104	(g) The witness's zip code.
105	105	SECTION 5. 6.87 (9) of the statutes is renumbered 6.87 (9) (a).
106	106	SECTION 6. 6.87 (9) (b) of the statutes is created to read:
107	107	6.87 (9) (b) No person other than the elector, or the witness with respect to the
108	108	witness certificate, may correct a defect in the elector's absentee ballot certificate.
109	109	Whoever violates this paragraph is guilty of a misdemeanor punishable by a fine not
110	110	to exceed $500 or imprisonment not to exceed 30 days, or both.
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