Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: November 6, 2023 Contact: Peggy Hurley, Senior Staff Attorney
2023 Assembly Bill 38 Assembly Amendment 2
2023 ASSEMBLY BILL 38
2023 Assembly Bill 38 allows individuals applying for an absentee ballot to submit a cell phone number
with the application and receive text message notifications about the absentee ballot. Specifically, the
bill requires that the electronic application system maintained by the Wisconsin Election Commission
(WEC) automatically notify a voter by text message that his or her absentee ballot application has been
received, and after the voter completes and returns the absentee ballot, notify the voter by text message
that the ballot has been received. Under the bill, cell phone numbers provided with an absentee ballot
application are confidential and not subject to release under the Public Records Law.
ASSEMBLY AMENDMENT 2
Assembly Amendment 2 replaces the original bill in its entirety, but similarly requires text message
notifications for absentee voters who provide their cell phone numbers. The amendment requires the
electronic application system maintained by WEC to automatically notify a voter by text message that
his or her absentee application has been received, and after the voter returns his or her absentee ballot,
that the ballot has been received. As under the original bill, cell phone numbers provided with an
absentee ballot application are confidential and not subject to release under the Public Records Law.
Unlike the original bill, the amendment requires the WEC electronic application system to send text
message notifications to any voter applying for an absentee ballot and providing a cell phone number,
rather than only those applying electronically. Finally, unlike the original bill, the amendment requires
Type E election notices to include information regarding text message notifications and requires the
notices to be published on a municipality’s website.
BILL HISTORY
Representative Steffen introduced Assembly Amendment 2 on August 24, 2023. On October 19, 2023,
members of the Assembly Committee on Campaigns and Elections voted unanimously to recommend
adoption of the amendment and passage of the bill, as amended.
For a full history of the bill, visit the Legislature’s bill history page.
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