LRB-0663/1
JK:amn
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 299
May 25, 2023 - Introduced by Representatives SORTWELL, ORTIZ-VELEZ, ALLEN,
BEHNKE, BINSFELD, GUNDRUM, GUSTAFSON, MAXEY, MYERS, STEFFEN, SUBECK,
WICHGERS and KRUG, cosponsored by Senators CABRAL-GUEVARA, TAYLOR,
BALLWEG, STROEBEL and TOMCZYK. Referred to Committee on Campaigns and
Elections.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 6.18 (intro.), 6.87 (1), 6.87 (2) (intro.) and 6.87 (4) (b) 3.; and
to create 19.36 (14) of the statutes; relating to: requiring identification of a
military voter for voting absentee.
Analysis by the Legislative Reference Bureau
Current law does not require a military voter to provide proof of identification
when applying for an absentee ballot. This bill requires a military voter to provide
his or her federal Department of Defense number on the application for an absentee
ballot and requires the municipal clerk to verify with the state Department of
Military Affairs that the DOD number conforms to the voter's name on the
application. The military voter is also required to complete a consent for release of
information form provided by the clerk and approved by the DOD. If the clerk is
unable to verify the DOD number before election day, the ballot is considered to be
a provisional ballot. If the clerk is unable to verify the number before 4 p.m. on the
Friday following the election, the ballot will not be counted, but the clerk will
continue his or her efforts to verify the voter's DOD number so the voter may use that
number to vote at subsequent elections. Generally, under current law, a voter must
present proof of identification when applying for an absentee ballot and the
municipal clerk must verify that the proof of identification conforms to the voter's
name on the application.
Under the bill, if a military voter elects to return his or her absentee ballot by
electronic mail and does so no later than 30 days before the election, the clerk has
90 days following the election to verify the voter's DOD number. If a military voter
1
2
3 - 2 -2023 - 2024 Legislature LRB-0663/1
JK:amn
ASSEMBLY BILL 299
mails in the absentee ballot or votes absentee in person, the clerk must verify the
elector's DOD number within 48 hours after receiving the ballot. Also, if the military
voter elects to return his or her absentee ballot by electronic mail, the voter must
return the ballot using his or her DOD electronic mail address.
Under current law, if a voter has received an absentee ballot by mail for a
previous election, submitted proof of identification, and has not changed his or her
name or address since providing proof of identification, the voter is not required to
provide proof of identification with subsequent absentee ballot applications. Under
the bill, if a military voter has received an absentee ballot by mail for a previous
election, submitted his or her DOD number, and has not changed his or her name or
address since providing that number, the military voter is not required to provide his
or her DOD number with subsequent absentee ballot applications, except the
military voter must provide his or her DOD number at least once every six years.
Under the bill, the public does not have access to a military voter's DOD number
provided for purposes of obtaining an absentee ballot.
Current law allows a military voter to use the federal postcard registration and
absentee ballot request form to apply for an absentee ballot. If a military voter has
a Wisconsin-issued photo identification or a social security number, the military
voter must provide a copy of that identification or the last four digits of his or her
social security number. If the military voter has neither, the voter must indicate that
on the form, but is still eligible to receive and complete an absentee ballot. This bill
does not affect the use of the federal postcard registration and absentee ballot
request form.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 6.18 (intro.) of the statutes is amended to read:
6.18 Former residents. (intro.) If ineligible to qualify as an elector in the
state to which the elector has moved, any former qualified Wisconsin elector may
vote an absentee ballot in the ward of the elector's prior residence in any presidential
election occurring within 24 months after leaving Wisconsin by requesting an
application form and returning it, properly executed, to the municipal clerk of the
elector's prior Wisconsin residence. When requesting an application form for an
absentee ballot, the applicant shall specify the applicant's eligibility for only the
presidential ballot. Unless the applicant is exempted from providing proof of
identification under s. 6.87 (4) (b) 2. or 3., or the applicant is a military or overseas
1
2
3
4
5
6
7
8
9
10 - 3 -2023 - 2024 Legislature
LRB-0663/1
JK:amn
SECTION 1
ASSEMBLY BILL 299
elector, the elector shall enclose a copy of his or her proof of identification or any
authorized substitute document with his or her application. A military elector shall
write his or her department of defense number on the elector's application and
complete a consent for release of information form provided by the clerk and as
approved by the department of defense. The municipal clerk shall verify that the
name on the proof of identification conforms to the name on the application and verify
with the department of military affairs that the department of defense number
provided by a military elector conforms to the name on the application. The clerk
shall not issue a ballot to an elector who is required to enclose a copy of proof of
identification or an authorized substitute document with his or her application
unless the copy is enclosed and the proof is verified by the clerk. The clerk shall not
issue an absentee ballot to an elector who is required to provide his or her department
of defense number unless the number is provided. If the number is not included on
the application, the clerk shall make a good faith effort to contact the military elector
and request his or her department of defense number. If a military elector elects to
return the ballot by electronic mail and does so no later than 30 days before the
election, the clerk has 90 days following the election to verify the elector's
department of defense number. In addition, if the military elector elects to return
the ballot by electronic mail, the military elector shall return the ballot by using his
or her department of defense electronic mail address. If a military elector mails in
the ballot or votes absentee in person, the clerk shall verify the elector's department
of defense number within 48 hours after receiving the ballot. If the clerk is unable
to verify the number prior to election day, the clerk shall issue the ballot, but the
ballot shall be considered a provisional ballot under s. 6.97. If the clerk is unable to
verify the number before 4 p.m. on the Friday following the election, the provisional
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 4 -2023 - 2024 Legislature LRB-0663/1
JK:amn
SECTION 1 ASSEMBLY BILL 299
ballot shall not be counted, but the clerk shall continue his or her efforts to verify the
elector's department of defense number so the elector may use that number to vote
at subsequent elections. The application form shall require the following
information and be in substantially the following form:
SECTION 2. 6.87 (1) of the statutes is amended to read:
6.87 (1) Upon proper request made within the period prescribed in s. 6.86, the
municipal clerk or a deputy clerk authorized by the municipal clerk shall write on
the official ballot, in the space for official endorsement, the clerk's initials and official
title. Unless application is made in person under s. 6.86 (1) (ar), the absent elector
is exempted from providing proof of identification under sub. (4) (b) 2. or 3., or the
applicant is a military or overseas elector, the absent elector shall enclose a copy of
his or her proof of identification or any authorized substitute document with his or
her application. A military elector shall write his or her department of defense
number on the elector's application and complete a consent for release of information
form provided by the clerk and as approved by the department of defense. The
municipal clerk shall verify that the name on the proof of identification conforms to
the name on the application and verify with the department of military affairs that
the department of defense number provided by a military elector conforms to the
name on the application. The clerk shall not issue an absentee ballot to an elector
who is required to enclose a copy of proof of identification or an authorized substitute
document with his or her application unless the copy is enclosed and the proof is
verified by the clerk. The clerk shall not issue an absentee ballot to an elector who
is required to provide his or her department of defense number unless the number
is provided. If the number is not included on the application, the clerk shall make
a good faith effort to contact the military elector and request his or her department
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 5 -2023 - 2024 Legislature
LRB-0663/1
JK:amn
SECTION 2
ASSEMBLY BILL 299
of defense number. If a military elector elects to return the ballot by electronic mail
and does so no later than 30 days before the election, the clerk has 90 days following
the election to verify the elector's department of defense number. In addition, if the
military elector elects to return the ballot by electronic mail, the military elector shall
return the ballot by using his or her department of defense electronic mail address.
If a military elector mails in the ballot or votes absentee in person, the clerk shall
verify the elector's department of defense number within 48 hours after receiving the
ballot. If the clerk is unable to verify the number prior to election day, the clerk shall
issue the ballot, but the ballot shall be considered a provisional ballot under s. 6.97.
If the clerk is unable to verify the number before 4 p.m. on the Friday following the
election, the provisional ballot shall not be counted, but the clerk shall continue his
or her efforts to verify the elector's department of defense number so the elector may
use that number to vote at subsequent elections.
SECTION 3. 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
does not qualify as a resident of this state under s. 6.10 or is exempted from providing
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 6 -2023 - 2024 Legislature LRB-0663/1
JK:amn
SECTION 3 ASSEMBLY BILL 299
proof of identification under sub. (4) (b) 2. or 3. The certificate shall include a space
for the municipal clerk or deputy clerk to enter his or her initials that a military
elector provided his or her department of defense number, and submitted a
completed consent for release of information form, and that the clerk verified that
the number corresponds to the elector, as provided in sub. (1). The certificate shall
be in substantially the following form:
SECTION 4. 6.87 (4) (b) 3. of the statutes is amended to read:
6.87 (4) (b) 3. If the absentee elector has received an absentee ballot from the
municipal clerk by mail for a previous election, has provided proof of identification
with that ballot, and has not changed his or her name or address since providing that
proof of identification, the elector is not required to provide proof of identification.
If a military elector has received an absentee ballot from the municipal clerk by mail
for a previous election, has provided his or her department of defense number, and
has not changed his or her name or address since providing that number, the military
elector is not required to provide his or her department of defense number, except
that the military elector shall provide the number at least once every 6 years.
SECTION 5. 19.36 (14) of the statutes is created to read:
19.36 (14) DEPARTMENT OF DEFENSE NUMBERS. Unless access is specifically
authorized or required by statute, an authority shall not provide access under s.
19.35 (1) to a military elector's department of defense number provided pursuant to
ss. 6.18 and 6.87 (1), (2) (intro.), and (4) (b) 3.
SECTION 6.0Nonstatutory provisions.
(1) The department of military affairs shall work with the federal department
of defense to develop a consent for release of information form, as described under
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 - 7 -2023 - 2024 Legislature
LRB-0663/1
JK:amn
SECTION 6
ASSEMBLY BILL 299
ss. 6.18 and 6.87 (1) and (2) (intro.), so that the form is available no later than
January 1, 2024.
(2) The elections commission shall send notice of the process described in this
act, along with a copy of the consent form developed under sub. (1), to the municipal
clerks no later than March 1, 2024.
SECTION 7.0Initial applicability.
(1) This act first applies to primaries and elections held after March 1, 2024.
(END)
1
2
3
4
5
6
7
8