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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 494
October 16, 2023 - Introduced by Representatives DUCHOW, ARMSTRONG, DITTRICH,
EDMING, GOEBEN, KITCHENS, MAGNAFICI, MAXEY, MURPHY, NEDWESKI, O'CONNOR
and RETTINGER, cosponsored by Senator KNODL. Referred to Committee on
Campaigns and Elections.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 6.87 (4) (b) 2.; to amend 6.18 (intro.), 6.86 (1) (ac), 6.86 (2) (a),
6.86 (2) (b), 6.87 (1), 6.87 (2) (intro.) and 12.60 (1) (b); and to create 6.86 (2) (c)
and 12.13 (3) (ig) of the statutes; relating to: status as an indefinitely confined
voter for purposes of automatically receiving absentee ballots and providing a
penalty.
Analysis by the Legislative Reference Bureau
Current law allows a voter who is indefinitely confined because of age, physical
illness, infirmity, or disability to have, by signing a statement to that effect, an
absentee ballot automatically sent to the voter for every election. The voter is not
required to submit a copy of his or her voter identification with the request to
automatically receive absentee ballots. Current law requires the voter to notify the
municipal clerk when the voter is no longer indefinitely confined. Also, under
current law, if a voter fails to vote an absentee ballot the voter receives as a result
of his or her indefinitely confined status, the voter must renew his or her application
for indefinitely confined status within 30 days or be removed from the indefinitely
confined status list. Finally, the municipal clerk must remove a voter from the
indefinitely confined status list upon the voter's request or upon receipt of reliable
information that the voter no longer qualifies as indefinitely confined.
This bill does all of the following:
1. Provides that indefinitely confined status may be claimed by a voter who is
indefinitely confined and cannot travel independently without significant burden
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because of frailty, physical illness, or a disability that is expected to last longer than
one year.
2. Provides that a voter seeking indefinitely confined status must apply for that
status on an application prescribed by the Elections Commission. Under the bill, the
application form prescribed by the commission must be separate and distinct from
any other absentee ballot application prescribed by the commission.
3. Subject to certain exceptions provided in the bill, requires that an applicant
for indefinitely confined status submit proof of identification with his or her
application and requires that the municipal clerk affirm in writing on the application
form prescribed by the commission that the applicant provided proof of identification
with his or her application or provided certain information and documentation
required under the bill if the applicant did not provide proof of identification.
4. Specifies that the existence of an outbreak or epidemic of a communicable
disease in a voter's community does not qualify the voter as indefinitely confined.
5. Specifies that the penalty for making a false statement for the purpose of
qualifying as indefinitely confined is a fine of not more than $1,000 or imprisonment
of not more than six months, or both.
6. Provides that a voter who fails to vote a ballot the voter requests as a result
of his or her indefinitely confined status may be removed from the indefinitely
confined status list only if he or she fails to vote the ballot at the spring or general
election.
7. Requires that the municipal clerk remove a voter from the indefinitely
confined status list if the voter casts an absentee ballot in person at the municipal
clerk's office or votes at the polls in any election.
8. Requires the Elections Commission to facilitate the removal of the
indefinitely confined status of each voter who received that status between March
12, 2020, and November 3, 2020. A voter whose indefinitely confined status is so
removed must submit a new application for indefinitely confined status in order to
continue automatically receiving absentee ballots.
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.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
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
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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
elector, the elector shall enclose a copy of his or her proof of identification or any
authorized substitute document with his or her application. The municipal clerk
shall verify that the name on the proof of identification 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
application form shall require the following information and be in substantially the
following form:
SECTION 2. 6.86 (1) (ac) of the statutes is amended to read:
6.86 (1) (ac) Any elector qualifying under par. (a) may make written application
to the municipal clerk for an official ballot by means of facsimile transmission or
electronic mail. Any application under this paragraph need not contain a copy of the
applicant's original signature. An elector requesting a ballot under this paragraph
shall return with the voted ballot a copy of the request bearing an original signature
of the elector as provided in s. 6.87 (4). Except as authorized in ss. 6.87 (4) (b) 2. 3.
to 5. and 6.875 (6), and notwithstanding s. 343.43 (1) (f), the elector shall transmit
a copy of his or her proof of identification in the manner provided in s. 6.87 (1) unless
the elector is a military elector or an overseas elector or the elector has a confidential
listing under s. 6.47 (2).
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SECTION 3 ASSEMBLY BILL 494
SECTION 3. 6.86 (2) (a) of the statutes is amended to read:
6.86 (2) (a) An elector who is indefinitely confined and cannot travel
independently without significant burden because of age frailty, physical illness, or
infirmity or is disabled for an indefinite period a disability that is expected to last
longer than one year may by signing a statement to that effect require that apply to
have an absentee ballot be sent to the elector automatically for every election. The
indefinitely confined status application form and instructions shall be prescribed by
the commission, shall be separate and distinct from any other application for
absentee ballots prescribed by the commission, except that any other such
application shall clearly and prominently in at least 12-point font indicate that a
voter who is indefinitely confined may apply for indefinitely confined status by
completing a separate form, shall clearly and prominently in at least 12-point font
state the penalty for making a false statement in the application to receive
indefinitely confined status, and shall be furnished upon request to any elector by
each municipality. The envelope containing the absentee ballot shall be clearly
marked as not forwardable. If any elector is no longer indefinitely confined, the
elector shall so notify the municipal clerk, and the municipal clerk shall remove the
elector from the indefinitely confined mailing list. The existence of an outbreak or
epidemic of a communicable disease in an elector's community does not qualify the
elector as indefinitely confined for purposes of receiving absentee ballots
automatically under this subsection.
SECTION 4. 6.86 (2) (b) of the statutes is amended to read:
6.86 (2) (b) The mailing list established under this subsection shall be kept
current through all possible means. If an elector fails to cast and return an absentee
ballot received requested under this subsection with respect to a spring or general
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SECTION 4
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election, the clerk shall notify the elector by 1st class letter or postcard that his or
her name will be removed from the mailing list unless the clerk receives a renewal
of the application within 30 days of the notification. The clerk shall remove from the
list the name of each elector who does not apply for renewal within the 30-day period.
The clerk shall remove the name of any other elector from the list upon request of the
elector or, upon receipt of reliable information that an the elector is no longer
qualifies for the service indefinitely confined and cannot travel independently
without significant burden because of frailty, physical illness, or a disability that is
expected to last longer than one year, if the elector casts an absentee ballot in person
at the municipal clerk's office, or if the elector votes at the polls in any election. The
clerk shall notify the elector of such action not taken at the elector's request within
5 days, if possible.
SECTION 5. 6.86 (2) (c) of the statutes is created to read:
6.86 (2) (c) 1. Except as provided in subd. 2., each elector who possesses proof
of identification must submit a copy of the elector's proof of identification with each
application for indefinitely confined status under this subsection.
2. An elector who applies for indefinitely confined status using the application
form prescribed by the commission under par. (a) is not required to provide proof of
identification under subd. 1. if, at the time of application, the elector provides the
number of a current and valid operator's license issued under ch. 343, or the number
of a current and valid identification card issued under s. 343.50, together with the
elector's name and date of birth, and the commission is able to verify the elector's
information using the system maintained under s. 6.34 (4).
3. An elector applying for indefinitely confined status under this subsection
who does not possess proof of identification shall submit with his or her application
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an affirmation of the elector that the elector is indefinitely confined and cannot travel
independently without significant burden because of frailty, physical illness, or a
disability that is expected to last longer than one year; an affirmation of a U.S. citizen
who is 18 years of age or older that affirms the elector's identity; the last 4 digits of
the elector's social security account number; and a statement of the elector
authorizing the commission to use the last 4 digits of the elector's social security
account number to verify the elector's identity. The application form prescribed by
the commission shall include the affirmations.
4. The clerk shall affirm in writing on the application form prescribed by the
commission under par. (a) that the elector provided proof of identification with his
or her application or that the elector provided the information and documentation
required under subd. 2. or 3. if the elector did not provide proof of identification.
SECTION 6. 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. The municipal clerk shall verify that the name on the proof of
identification 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.
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SECTION 7
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SECTION 7. 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
proof of identification under sub. (4) (b) 2. or 3. The certificate shall be in
substantially the following form:
SECTION 8. 6.87 (4) (b) 2. of the statutes is repealed.
SECTION 9. 12.13 (3) (ig) of the statutes is created to read:
12.13 (3) (ig) Falsely make any statement for the purpose of qualifying as
indefinitely confined under s. 6.86 (2) (a) or (b).
SECTION 10. 12.60 (1) (b) of the statutes is amended to read:
12.60 (1) (b) Whoever violates s. 12.03, 12.05, 12.07, 12.08 or 12.13 (2) (b) 8.,
(3) (b), (c), (d), (g), (i), (ig), (n) to (x), (ze), (zm) or (zn) may be fined not more than
$1,000, or imprisoned not more than 6 months or both.
SECTION 11.0Nonstatutory provisions.
(1) No later than the first day of the 3rd month beginning after the effective date
of this subsection, the elections commission shall facilitate the removal from the
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SECTION 11 ASSEMBLY BILL 494
mailing list maintained under s. 6.86 (2) of each elector who applied for automatic
receipt of absentee ballots under s. 6.86 (2) (a) during the period beginning on March
12, 2020, and ending on November 3, 2020.
(2) No elector who is removed under sub. (1) from the mailing list under s. 6.86
(2) may receive an absentee ballot under s. 6.86 (2) unless the elector reapplies for
automatic receipt of absentee ballots under s. 6.86 (2) (a).
(END)
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