WI
Wisconsin Assembly Bill AB299

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB299 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 LRB-0663/1
22 JK:amn
33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 299
55 May 25, 2023 - Introduced by Representatives SORTWELL, ORTIZ-VELEZ, ALLEN,
66 BEHNKE, BINSFELD, GUNDRUM, GUSTAFSON, MAXEY, MYERS, STEFFEN, SUBECK,
77 WICHGERS and KRUG, cosponsored by Senators CABRAL-GUEVARA, TAYLOR,
88 BALLWEG, STROEBEL and TOMCZYK. Referred to Committee on Campaigns and
99 Elections.
1010 ***AUTHORS SUBJECT TO CHANGE***
1111 AN ACT to amend 6.18 (intro.), 6.87 (1), 6.87 (2) (intro.) and 6.87 (4) (b) 3.; and
1212 to create 19.36 (14) of the statutes; relating to: requiring identification of a
1313 military voter for voting absentee.
1414 Analysis by the Legislative Reference Bureau
1515 Current law does not require a military voter to provide proof of identification
1616 when applying for an absentee ballot. This bill requires a military voter to provide
1717 his or her federal Department of Defense number on the application for an absentee
1818 ballot and requires the municipal clerk to verify with the state Department of
1919 Military Affairs that the DOD number conforms to the voter's name on the
2020 application. The military voter is also required to complete a consent for release of
2121 information form provided by the clerk and approved by the DOD. If the clerk is
2222 unable to verify the DOD number before election day, the ballot is considered to be
2323 a provisional ballot. If the clerk is unable to verify the number before 4 p.m. on the
2424 Friday following the election, the ballot will not be counted, but the clerk will
2525 continue his or her efforts to verify the voter's DOD number so the voter may use that
2626 number to vote at subsequent elections. Generally, under current law, a voter must
2727 present proof of identification when applying for an absentee ballot and the
2828 municipal clerk must verify that the proof of identification conforms to the voter's
2929 name on the application.
3030 Under the bill, if a military voter elects to return his or her absentee ballot by
3131 electronic mail and does so no later than 30 days before the election, the clerk has
3232 90 days following the election to verify the voter's DOD number. If a military voter
3333 1
3434 2
3535 3 - 2 -2023 - 2024 Legislature LRB-0663/1
3636 JK:amn
3737 ASSEMBLY BILL 299
3838 mails in the absentee ballot or votes absentee in person, the clerk must verify the
3939 elector's DOD number within 48 hours after receiving the ballot. Also, if the military
4040 voter elects to return his or her absentee ballot by electronic mail, the voter must
4141 return the ballot using his or her DOD electronic mail address.
4242 Under current law, if a voter has received an absentee ballot by mail for a
4343 previous election, submitted proof of identification, and has not changed his or her
4444 name or address since providing proof of identification, the voter is not required to
4545 provide proof of identification with subsequent absentee ballot applications. Under
4646 the bill, if a military voter has received an absentee ballot by mail for a previous
4747 election, submitted his or her DOD number, and has not changed his or her name or
4848 address since providing that number, the military voter is not required to provide his
4949 or her DOD number with subsequent absentee ballot applications, except the
5050 military voter must provide his or her DOD number at least once every six years.
5151 Under the bill, the public does not have access to a military voter's DOD number
5252 provided for purposes of obtaining an absentee ballot.
5353 Current law allows a military voter to use the federal postcard registration and
5454 absentee ballot request form to apply for an absentee ballot. If a military voter has
5555 a Wisconsin-issued photo identification or a social security number, the military
5656 voter must provide a copy of that identification or the last four digits of his or her
5757 social security number. If the military voter has neither, the voter must indicate that
5858 on the form, but is still eligible to receive and complete an absentee ballot. This bill
5959 does not affect the use of the federal postcard registration and absentee ballot
6060 request form.
6161 The people of the state of Wisconsin, represented in senate and assembly, do
6262 enact as follows:
6363 SECTION 1. 6.18 (intro.) of the statutes is amended to read:
6464 6.18 Former residents. (intro.) If ineligible to qualify as an elector in the
6565 state to which the elector has moved, any former qualified Wisconsin elector may
6666 vote an absentee ballot in the ward of the elector's prior residence in any presidential
6767 election occurring within 24 months after leaving Wisconsin by requesting an
6868 application form and returning it, properly executed, to the municipal clerk of the
6969 elector's prior Wisconsin residence. When requesting an application form for an
7070 absentee ballot, the applicant shall specify the applicant's eligibility for only the
7171 presidential ballot. Unless the applicant is exempted from providing proof of
7272 identification under s. 6.87 (4) (b) 2. or 3., or the applicant is a military or overseas
7373 1
7474 2
7575 3
7676 4
7777 5
7878 6
7979 7
8080 8
8181 9
8282 10 - 3 -2023 - 2024 Legislature
8383 LRB-0663/1
8484 JK:amn
8585 SECTION 1
8686 ASSEMBLY BILL 299
8787 elector, the elector shall enclose a copy of his or her proof of identification or any
8888 authorized substitute document with his or her application. A military elector shall
8989 write his or her department of defense number on the elector's application and
9090 complete a consent for release of information form provided by the clerk and as
9191 approved by the department of defense. The municipal clerk shall verify that the
9292 name on the proof of identification conforms to the name on the application and verify
9393 with the department of military affairs that the department of defense number
9494 provided by a military elector conforms to the name on the application. The clerk
9595 shall not issue a ballot to an elector who is required to enclose a copy of proof of
9696 identification or an authorized substitute document with his or her application
9797 unless the copy is enclosed and the proof is verified by the clerk. The clerk shall not
9898 issue an absentee ballot to an elector who is required to provide his or her department
9999 of defense number unless the number is provided. If the number is not included on
100100 the application, the clerk shall make a good faith effort to contact the military elector
101101 and request his or her department of defense number. If a military elector elects to
102102 return the ballot by electronic mail and does so no later than 30 days before the
103103 election, the clerk has 90 days following the election to verify the elector's
104104 department of defense number. In addition, if the military elector elects to return
105105 the ballot by electronic mail, the military elector shall return the ballot by using his
106106 or her department of defense electronic mail address. If a military elector mails in
107107 the ballot or votes absentee in person, the clerk shall verify the elector's department
108108 of defense number within 48 hours after receiving the ballot. If the clerk is unable
109109 to verify the number prior to election day, the clerk shall issue the ballot, but the
110110 ballot shall be considered a provisional ballot under s. 6.97. If the clerk is unable to
111111 verify the number before 4 p.m. on the Friday following the election, the provisional
112112 1
113113 2
114114 3
115115 4
116116 5
117117 6
118118 7
119119 8
120120 9
121121 10
122122 11
123123 12
124124 13
125125 14
126126 15
127127 16
128128 17
129129 18
130130 19
131131 20
132132 21
133133 22
134134 23
135135 24
136136 25 - 4 -2023 - 2024 Legislature LRB-0663/1
137137 JK:amn
138138 SECTION 1 ASSEMBLY BILL 299
139139 ballot shall not be counted, but the clerk shall continue his or her efforts to verify the
140140 elector's department of defense number so the elector may use that number to vote
141141 at subsequent elections. The application form shall require the following
142142 information and be in substantially the following form:
143143 SECTION 2. 6.87 (1) of the statutes is amended to read:
144144 6.87 (1) Upon proper request made within the period prescribed in s. 6.86, the
145145 municipal clerk or a deputy clerk authorized by the municipal clerk shall write on
146146 the official ballot, in the space for official endorsement, the clerk's initials and official
147147 title. Unless application is made in person under s. 6.86 (1) (ar), the absent elector
148148 is exempted from providing proof of identification under sub. (4) (b) 2. or 3., or the
149149 applicant is a military or overseas elector, the absent elector shall enclose a copy of
150150 his or her proof of identification or any authorized substitute document with his or
151151 her application. A military elector shall write his or her department of defense
152152 number on the elector's application and complete a consent for release of information
153153 form provided by the clerk and as approved by the department of defense. The
154154 municipal clerk shall verify that the name on the proof of identification conforms to
155155 the name on the application and verify with the department of military affairs that
156156 the department of defense number provided by a military elector conforms to the
157157 name on the application. The clerk shall not issue an absentee ballot to an elector
158158 who is required to enclose a copy of proof of identification or an authorized substitute
159159 document with his or her application unless the copy is enclosed and the proof is
160160 verified by the clerk. The clerk shall not issue an absentee ballot to an elector who
161161 is required to provide his or her department of defense number unless the number
162162 is provided. If the number is not included on the application, the clerk shall make
163163 a good faith effort to contact the military elector and request his or her department
164164 1
165165 2
166166 3
167167 4
168168 5
169169 6
170170 7
171171 8
172172 9
173173 10
174174 11
175175 12
176176 13
177177 14
178178 15
179179 16
180180 17
181181 18
182182 19
183183 20
184184 21
185185 22
186186 23
187187 24
188188 25 - 5 -2023 - 2024 Legislature
189189 LRB-0663/1
190190 JK:amn
191191 SECTION 2
192192 ASSEMBLY BILL 299
193193 of defense number. If a military elector elects to return the ballot by electronic mail
194194 and does so no later than 30 days before the election, the clerk has 90 days following
195195 the election to verify the elector's department of defense number. In addition, if the
196196 military elector elects to return the ballot by electronic mail, the military elector shall
197197 return the ballot by using his or her department of defense electronic mail address.
198198 If a military elector mails in the ballot or votes absentee in person, the clerk shall
199199 verify the elector's department of defense number within 48 hours after receiving the
200200 ballot. If the clerk is unable to verify the number prior to election day, the clerk shall
201201 issue the ballot, but the ballot shall be considered a provisional ballot under s. 6.97.
202202 If the clerk is unable to verify the number before 4 p.m. on the Friday following the
203203 election, the provisional ballot shall not be counted, but the clerk shall continue his
204204 or her efforts to verify the elector's department of defense number so the elector may
205205 use that number to vote at subsequent elections.
206206 SECTION 3. 6.87 (2) (intro.) of the statutes is amended to read:
207207 6.87 (2) (intro.) Except as authorized under sub. (3) (d), the municipal clerk
208208 shall place the ballot in an unsealed envelope furnished by the clerk. The envelope
209209 shall have the name, official title and post-office address of the clerk upon its face.
210210 The other side of the envelope shall have a printed certificate which shall include a
211211 space for the municipal clerk or deputy clerk to enter his or her initials indicating
212212 that if the absentee elector voted in person under s. 6.86 (1) (ar), the elector presented
213213 proof of identification to the clerk and the clerk verified the proof presented. The
214214 certificate shall also include a space for the municipal clerk or deputy clerk to enter
215215 his or her initials indicating that the elector is exempt from providing proof of
216216 identification because the individual is a military elector or an overseas elector who
217217 does not qualify as a resident of this state under s. 6.10 or is exempted from providing
218218 1
219219 2
220220 3
221221 4
222222 5
223223 6
224224 7
225225 8
226226 9
227227 10
228228 11
229229 12
230230 13
231231 14
232232 15
233233 16
234234 17
235235 18
236236 19
237237 20
238238 21
239239 22
240240 23
241241 24
242242 25 - 6 -2023 - 2024 Legislature LRB-0663/1
243243 JK:amn
244244 SECTION 3 ASSEMBLY BILL 299
245245 proof of identification under sub. (4) (b) 2. or 3. The certificate shall include a space
246246 for the municipal clerk or deputy clerk to enter his or her initials that a military
247247 elector provided his or her department of defense number, and submitted a
248248 completed consent for release of information form, and that the clerk verified that
249249 the number corresponds to the elector, as provided in sub. (1). The certificate shall
250250 be in substantially the following form:
251251 SECTION 4. 6.87 (4) (b) 3. of the statutes is amended to read:
252252 6.87 (4) (b) 3. If the absentee elector has received an absentee ballot from the
253253 municipal clerk by mail for a previous election, has provided proof of identification
254254 with that ballot, and has not changed his or her name or address since providing that
255255 proof of identification, the elector is not required to provide proof of identification.
256256 If a military elector has received an absentee ballot from the municipal clerk by mail
257257 for a previous election, has provided his or her department of defense number, and
258258 has not changed his or her name or address since providing that number, the military
259259 elector is not required to provide his or her department of defense number, except
260260 that the military elector shall provide the number at least once every 6 years.
261261 SECTION 5. 19.36 (14) of the statutes is created to read:
262262 19.36 (14) DEPARTMENT OF DEFENSE NUMBERS. Unless access is specifically
263263 authorized or required by statute, an authority shall not provide access under s.
264264 19.35 (1) to a military elector's department of defense number provided pursuant to
265265 ss. 6.18 and 6.87 (1), (2) (intro.), and (4) (b) 3.
266266 SECTION 6.0Nonstatutory provisions.
267267 (1) The department of military affairs shall work with the federal department
268268 of defense to develop a consent for release of information form, as described under
269269 1
270270 2
271271 3
272272 4
273273 5
274274 6
275275 7
276276 8
277277 9
278278 10
279279 11
280280 12
281281 13
282282 14
283283 15
284284 16
285285 17
286286 18
287287 19
288288 20
289289 21
290290 22
291291 23
292292 24 - 7 -2023 - 2024 Legislature
293293 LRB-0663/1
294294 JK:amn
295295 SECTION 6
296296 ASSEMBLY BILL 299
297297 ss. 6.18 and 6.87 (1) and (2) (intro.), so that the form is available no later than
298298 January 1, 2024.
299299 (2) The elections commission shall send notice of the process described in this
300300 act, along with a copy of the consent form developed under sub. (1), to the municipal
301301 clerks no later than March 1, 2024.
302302 SECTION 7.0Initial applicability.
303303 (1) This act first applies to primaries and elections held after March 1, 2024.
304304 (END)
305305 1
306306 2
307307 3
308308 4
309309 5
310310 6
311311 7
312312 8