Date of enactment:
2023 Assembly Bill 494 Date of publication*:
2023 WISCONSIN ACT
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 indefi-
nitely confined voter for purposes of automatically receiving absentee ballots and providing a penalty.
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 qual-
ify 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 resi-
dence in any presidential election occurring within 24
months after leaving Wisconsin by requesting an applica-
tion form and returning it, properly executed, to the
municipal clerk of the elector’s prior Wisconsin resi-
dence. 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 identifica-
tion under s. 6.87 (4) (b) 2. or 3., or the applicant is a mili-
tary or overseas elector, the elector shall enclose a copy
of his or her proof of identification or any authorized sub-
stitute document with his or her application. The munici-
pal clerk shall verify that the name on the proof of identi-
fication 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 autho-
rized 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 signa-
ture. 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).
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 bur-
den 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
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 494
absentee ballot be sent to the elector automatically for
every election. The indefinitely confined status applica-
tion form and instructions shall be prescribed by the com-
mission, shall be separate and distinct from any other
application for absentee ballots prescribed by the com-
mission, 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 bal-
lot 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 con-
fined mailing list. The existence of an outbreak or epi-
demic of a communicable disease in an elector’s commu-
nity 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 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 signif-
icant burden because of frailty, physical illness, or a dis-
ability 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 possi-
ble.
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 com-
mission 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 infor-
mation using the system maintained under s. 6.34 (4).
3. An elector applying for indefinitely confined sta-
tus under this subsection who does not possess proof of
identification shall submit with his or her application an
affirmation of the elector that the elector is indefinitely
confined and cannot travel independently without signif-
icant burden because of frailty, physical illness, or a dis-
ability 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 state-
ment of the elector authorizing the commission to use the
last 4 digits of the elector’s social security account num-
ber to verify the elector’s identity. The application form
prescribed by the commission shall include the affirma-
tions.
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 offi-
cial 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 over-
seas 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 identifica-
tion 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 applica-
tion unless the copy is enclosed and the proof is verified
by the clerk.
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 − 3 − 2023 Wisconsin Act 2023 Assembly Bill 494
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 per-
son 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 ini-
tials 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 pur-
pose 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., or (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 begin-
ning after the effective date of this subsection, the elec-
tions commission shall facilitate the removal from the
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. The
elector’s municipal clerk or board of election commis-
sioners shall notify the elector of such removal within 5
days after the action is taken, if possible.
(2) No elector who is removed under sub. (1) from the
mailing list under s. 6.86 (2) may receive an absentee bal-
lot under s. 6.86 (2) unless the elector reapplies for auto-
matic receipt of absentee ballots under s. 6.86 (2) (a).