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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1037
February 1, 2024 - Introduced by Representatives ROZAR, KRUG, ALLEN, BINSFELD,
BODDEN, BRANDTJEN, DITTRICH, GOEBEN, HURD, KITCHENS, MAXEY, MELOTIK,
MOSES, O'CONNOR, PENTERMAN, SORTWELL and WICHGERS, cosponsored by
Senators TOMCZYK, BRADLEY, CABRAL-GUEVARA, JAMES and TESTIN. Referred to
Committee on Campaigns and Elections.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber 6.87 (9); to renumber and amend 6.87 (6d); to amend
6.86 (6) and 6.87 (2) (intro.); and to create 6.87 (6d) (a) to (g) and 6.87 (9) (b)
of the statutes; relating to: witness address requirements on absentee ballot
certificates, curing defects on absentee ballot certificates, and providing a
penalty.
Analysis by the Legislative Reference Bureau
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. 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, 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. If a certificate is missing the address of the witness,
the ballot may not be counted.
Under this bill, an absentee ballot that is returned with a witness certification
that does not include all of the following may not be counted:
1. The witness's printed first name.
2. The witness's printed last name.
3. The witness's house or apartment number.
4. The witness's street name.
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5. The witness's municipality.
6. The witness's state.
7. The witness's zip code.
The bill further prohibits any person other than the voter, or the witness with
respect to the witness certificate, from correcting a defect in the voter's absentee
ballot certificate. Whoever violates this prohibition is subject to a fine not to exceed
$500 or imprisonment not to exceed 30 days, or both.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 6.86 (6) of the statutes is amended to read:
6.86 (6) Except as authorized in sub. (5) and s. 6.87 (9) (a), if an elector mails
or personally delivers an absentee ballot to the municipal clerk, the municipal clerk
shall not return the ballot to the elector. An elector who mails or personally delivers
an absentee ballot to the municipal clerk at an election is not permitted to vote in
person at the same election on election day.
SECTION 2. 6.87 (2) (intro.) of the statutes is amended to read:
6.87 (2) (intro.) Except as authorized under sub. (3) (d), the municipal clerk
shall place the ballot in an unsealed envelope furnished by the clerk. The envelope
shall have the name, official title and post-office address of the clerk upon its face.
The other side of the envelope shall have a printed certificate which shall include a
space for the municipal clerk or deputy clerk to enter his or her initials indicating
that if the absentee elector voted in person under s. 6.86 (1) (ar), the elector presented
proof of identification to the clerk and the clerk verified the proof presented. The
certificate shall also include a space for the municipal clerk or deputy clerk to enter
his or her initials indicating that the elector is exempt from providing proof of
identification because the individual is a military elector or an overseas elector who
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SECTION 2
ASSEMBLY BILL 1037
does not qualify as a resident of this state under s. 6.10 or is exempted from providing
proof of identification under sub. (4) (b) 2. or 3. The certificate shall include a distinct
field for each item required to be entered under sub. (6d) and shall be in substantially
the following form:
SECTION 3. 6.87 (6d) of the statutes is renumbered 6.87 (6d) (intro.) and
amended to read:
6.87 (6d) (intro.) If a certificate is missing the address of a any of the following
witness information, the ballot may not be counted.:
SECTION 4. 6.87 (6d) (a) to (g) of the statutes are created to read:
6.87 (6d) (a) The witness's printed first name.
(b) The witness's printed last name.
(c) The witness's house or apartment number.
(d) The witness's street name.
(e) The witness's municipality.
(f) The witness's state.
(g) The witness's zip code.
SECTION 5. 6.87 (9) of the statutes is renumbered 6.87 (9) (a).
SECTION 6. 6.87 (9) (b) of the statutes is created to read:
6.87 (9) (b) No person other than the elector, or the witness with respect to the
witness certificate, may correct a defect in the elector's absentee ballot certificate.
Whoever violates this paragraph is guilty of a misdemeanor punishable by a fine not
to exceed $500 or imprisonment not to exceed 30 days, or both.
(END)
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