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Wisconsin Assembly Bill AB494

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB494 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 494
55 October 16, 2023 - Introduced by Representatives DUCHOW, ARMSTRONG, DITTRICH,
66 EDMING, GOEBEN, KITCHENS, MAGNAFICI, MAXEY, MURPHY, NEDWESKI, O'CONNOR
77 and RETTINGER, cosponsored by Senator KNODL. Referred to Committee on
88 Campaigns and Elections.
99 ***AUTHORS SUBJECT TO CHANGE***
1010 AN ACT to repeal 6.87 (4) (b) 2.; to amend 6.18 (intro.), 6.86 (1) (ac), 6.86 (2) (a),
1111 6.86 (2) (b), 6.87 (1), 6.87 (2) (intro.) and 12.60 (1) (b); and to create 6.86 (2) (c)
1212 and 12.13 (3) (ig) of the statutes; relating to: status as an indefinitely confined
1313 voter for purposes of automatically receiving absentee ballots and providing a
1414 penalty.
1515 Analysis by the Legislative Reference Bureau
1616 Current law allows a voter who is indefinitely confined because of age, physical
1717 illness, infirmity, or disability to have, by signing a statement to that effect, an
1818 absentee ballot automatically sent to the voter for every election. The voter is not
1919 required to submit a copy of his or her voter identification with the request to
2020 automatically receive absentee ballots. Current law requires the voter to notify the
2121 municipal clerk when the voter is no longer indefinitely confined. Also, under
2222 current law, if a voter fails to vote an absentee ballot the voter receives as a result
2323 of his or her indefinitely confined status, the voter must renew his or her application
2424 for indefinitely confined status within 30 days or be removed from the indefinitely
2525 confined status list. Finally, the municipal clerk must remove a voter from the
2626 indefinitely confined status list upon the voter's request or upon receipt of reliable
2727 information that the voter no longer qualifies as indefinitely confined.
2828 This bill does all of the following:
2929 1. Provides that indefinitely confined status may be claimed by a voter who is
3030 indefinitely confined and cannot travel independently without significant burden
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3737 ASSEMBLY BILL 494
3838 because of frailty, physical illness, or a disability that is expected to last longer than
3939 one year.
4040 2. Provides that a voter seeking indefinitely confined status must apply for that
4141 status on an application prescribed by the Elections Commission. Under the bill, the
4242 application form prescribed by the commission must be separate and distinct from
4343 any other absentee ballot application prescribed by the commission.
4444 3. Subject to certain exceptions provided in the bill, requires that an applicant
4545 for indefinitely confined status submit proof of identification with his or her
4646 application and requires that the municipal clerk affirm in writing on the application
4747 form prescribed by the commission that the applicant provided proof of identification
4848 with his or her application or provided certain information and documentation
4949 required under the bill if the applicant did not provide proof of identification.
5050 4. Specifies that the existence of an outbreak or epidemic of a communicable
5151 disease in a voter's community does not qualify the voter as indefinitely confined.
5252 5. Specifies that the penalty for making a false statement for the purpose of
5353 qualifying as indefinitely confined is a fine of not more than $1,000 or imprisonment
5454 of not more than six months, or both.
5555 6. Provides that a voter who fails to vote a ballot the voter requests as a result
5656 of his or her indefinitely confined status may be removed from the indefinitely
5757 confined status list only if he or she fails to vote the ballot at the spring or general
5858 election.
5959 7. Requires that the municipal clerk remove a voter from the indefinitely
6060 confined status list if the voter casts an absentee ballot in person at the municipal
6161 clerk's office or votes at the polls in any election.
6262 8. Requires the Elections Commission to facilitate the removal of the
6363 indefinitely confined status of each voter who received that status between March
6464 12, 2020, and November 3, 2020. A voter whose indefinitely confined status is so
6565 removed must submit a new application for indefinitely confined status in order to
6666 continue automatically receiving absentee ballots.
6767 Because this bill creates a new crime or revises a penalty for an existing crime,
6868 the Joint Review Committee on Criminal Penalties may be requested to prepare a
6969 report.
7070 For further information see the local fiscal estimate, which will be printed as
7171 an appendix to this bill.
7272 The people of the state of Wisconsin, represented in senate and assembly, do
7373 enact as follows:
7474 SECTION 1. 6.18 (intro.) of the statutes is amended to read:
7575 6.18 Former residents. (intro.) If ineligible to qualify as an elector in the
7676 state to which the elector has moved, any former qualified Wisconsin elector may
7777 vote an absentee ballot in the ward of the elector's prior residence in any presidential
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8484 SECTION 1
8585 ASSEMBLY BILL 494
8686 election occurring within 24 months after leaving Wisconsin by requesting an
8787 application form and returning it, properly executed, to the municipal clerk of the
8888 elector's prior Wisconsin residence. When requesting an application form for an
8989 absentee ballot, the applicant shall specify the applicant's eligibility for only the
9090 presidential ballot. Unless the applicant is exempted from providing proof of
9191 identification under s. 6.87 (4) (b) 2. or 3., or the applicant is a military or overseas
9292 elector, the elector shall enclose a copy of his or her proof of identification or any
9393 authorized substitute document with his or her application. The municipal clerk
9494 shall verify that the name on the proof of identification conforms to the name on the
9595 application. The clerk shall not issue a ballot to an elector who is required to enclose
9696 a copy of proof of identification or an authorized substitute document with his or her
9797 application unless the copy is enclosed and the proof is verified by the clerk. The
9898 application form shall require the following information and be in substantially the
9999 following form:
100100 SECTION 2. 6.86 (1) (ac) of the statutes is amended to read:
101101 6.86 (1) (ac) Any elector qualifying under par. (a) may make written application
102102 to the municipal clerk for an official ballot by means of facsimile transmission or
103103 electronic mail. Any application under this paragraph need not contain a copy of the
104104 applicant's original signature. An elector requesting a ballot under this paragraph
105105 shall return with the voted ballot a copy of the request bearing an original signature
106106 of the elector as provided in s. 6.87 (4). Except as authorized in ss. 6.87 (4) (b) 2. 3.
107107 to 5. and 6.875 (6), and notwithstanding s. 343.43 (1) (f), the elector shall transmit
108108 a copy of his or her proof of identification in the manner provided in s. 6.87 (1) unless
109109 the elector is a military elector or an overseas elector or the elector has a confidential
110110 listing under s. 6.47 (2).
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137137 SECTION 3 ASSEMBLY BILL 494
138138 SECTION 3. 6.86 (2) (a) of the statutes is amended to read:
139139 6.86 (2) (a) An elector who is indefinitely confined and cannot travel
140140 independently without significant burden because of age frailty, physical illness, or
141141 infirmity or is disabled for an indefinite period a disability that is expected to last
142142 longer than one year may by signing a statement to that effect require that apply to
143143 have an absentee ballot be sent to the elector automatically for every election. The
144144 indefinitely confined status application form and instructions shall be prescribed by
145145 the commission, shall be separate and distinct from any other application for
146146 absentee ballots prescribed by the commission, except that any other such
147147 application shall clearly and prominently in at least 12-point font indicate that a
148148 voter who is indefinitely confined may apply for indefinitely confined status by
149149 completing a separate form, shall clearly and prominently in at least 12-point font
150150 state the penalty for making a false statement in the application to receive
151151 indefinitely confined status, and shall be furnished upon request to any elector by
152152 each municipality. The envelope containing the absentee ballot shall be clearly
153153 marked as not forwardable. If any elector is no longer indefinitely confined, the
154154 elector shall so notify the municipal clerk, and the municipal clerk shall remove the
155155 elector from the indefinitely confined mailing list. The existence of an outbreak or
156156 epidemic of a communicable disease in an elector's community does not qualify the
157157 elector as indefinitely confined for purposes of receiving absentee ballots
158158 automatically under this subsection.
159159 SECTION 4. 6.86 (2) (b) of the statutes is amended to read:
160160 6.86 (2) (b) The mailing list established under this subsection shall be kept
161161 current through all possible means. If an elector fails to cast and return an absentee
162162 ballot received requested under this subsection with respect to a spring or general
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190190 SECTION 4
191191 ASSEMBLY BILL 494
192192 election, the clerk shall notify the elector by 1st class letter or postcard that his or
193193 her name will be removed from the mailing list unless the clerk receives a renewal
194194 of the application within 30 days of the notification. The clerk shall remove from the
195195 list the name of each elector who does not apply for renewal within the 30-day period.
196196 The clerk shall remove the name of any other elector from the list upon request of the
197197 elector or, upon receipt of reliable information that an the elector is no longer
198198 qualifies for the service indefinitely confined and cannot travel independently
199199 without significant burden because of frailty, physical illness, or a disability that is
200200 expected to last longer than one year, if the elector casts an absentee ballot in person
201201 at the municipal clerk's office, or if the elector votes at the polls in any election. The
202202 clerk shall notify the elector of such action not taken at the elector's request within
203203 5 days, if possible.
204204 SECTION 5. 6.86 (2) (c) of the statutes is created to read:
205205 6.86 (2) (c) 1. Except as provided in subd. 2., each elector who possesses proof
206206 of identification must submit a copy of the elector's proof of identification with each
207207 application for indefinitely confined status under this subsection.
208208 2. An elector who applies for indefinitely confined status using the application
209209 form prescribed by the commission under par. (a) is not required to provide proof of
210210 identification under subd. 1. if, at the time of application, the elector provides the
211211 number of a current and valid operator's license issued under ch. 343, or the number
212212 of a current and valid identification card issued under s. 343.50, together with the
213213 elector's name and date of birth, and the commission is able to verify the elector's
214214 information using the system maintained under s. 6.34 (4).
215215 3. An elector applying for indefinitely confined status under this subsection
216216 who does not possess proof of identification shall submit with his or her application
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243243 SECTION 5 ASSEMBLY BILL 494
244244 an affirmation of the elector that the elector is indefinitely confined and cannot travel
245245 independently without significant burden because of frailty, physical illness, or a
246246 disability that is expected to last longer than one year; an affirmation of a U.S. citizen
247247 who is 18 years of age or older that affirms the elector's identity; the last 4 digits of
248248 the elector's social security account number; and a statement of the elector
249249 authorizing the commission to use the last 4 digits of the elector's social security
250250 account number to verify the elector's identity. The application form prescribed by
251251 the commission shall include the affirmations.
252252 4. The clerk shall affirm in writing on the application form prescribed by the
253253 commission under par. (a) that the elector provided proof of identification with his
254254 or her application or that the elector provided the information and documentation
255255 required under subd. 2. or 3. if the elector did not provide proof of identification.
256256 SECTION 6. 6.87 (1) of the statutes is amended to read:
257257 6.87 (1) Upon proper request made within the period prescribed in s. 6.86, the
258258 municipal clerk or a deputy clerk authorized by the municipal clerk shall write on
259259 the official ballot, in the space for official endorsement, the clerk's initials and official
260260 title. Unless application is made in person under s. 6.86 (1) (ar), the absent elector
261261 is exempted from providing proof of identification under sub. (4) (b) 2. or 3., or the
262262 applicant is a military or overseas elector, the absent elector shall enclose a copy of
263263 his or her proof of identification or any authorized substitute document with his or
264264 her application. The municipal clerk shall verify that the name on the proof of
265265 identification conforms to the name on the application. The clerk shall not issue an
266266 absentee ballot to an elector who is required to enclose a copy of proof of identification
267267 or an authorized substitute document with his or her application unless the copy is
268268 enclosed and the proof is verified by the clerk.
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296296 SECTION 7
297297 ASSEMBLY BILL 494
298298 SECTION 7. 6.87 (2) (intro.) of the statutes is amended to read:
299299 6.87 (2) (intro.) Except as authorized under sub. (3) (d), the municipal clerk
300300 shall place the ballot in an unsealed envelope furnished by the clerk. The envelope
301301 shall have the name, official title and post-office address of the clerk upon its face.
302302 The other side of the envelope shall have a printed certificate which shall include a
303303 space for the municipal clerk or deputy clerk to enter his or her initials indicating
304304 that if the absentee elector voted in person under s. 6.86 (1) (ar), the elector presented
305305 proof of identification to the clerk and the clerk verified the proof presented. The
306306 certificate shall also include a space for the municipal clerk or deputy clerk to enter
307307 his or her initials indicating that the elector is exempt from providing proof of
308308 identification because the individual is a military elector or an overseas elector who
309309 does not qualify as a resident of this state under s. 6.10 or is exempted from providing
310310 proof of identification under sub. (4) (b) 2. or 3. The certificate shall be in
311311 substantially the following form:
312312 SECTION 8. 6.87 (4) (b) 2. of the statutes is repealed.
313313 SECTION 9. 12.13 (3) (ig) of the statutes is created to read:
314314 12.13 (3) (ig) Falsely make any statement for the purpose of qualifying as
315315 indefinitely confined under s. 6.86 (2) (a) or (b).
316316 SECTION 10. 12.60 (1) (b) of the statutes is amended to read:
317317 12.60 (1) (b) Whoever violates s. 12.03, 12.05, 12.07, 12.08 or 12.13 (2) (b) 8.,
318318 (3) (b), (c), (d), (g), (i), (ig), (n) to (x), (ze), (zm) or (zn) may be fined not more than
319319 $1,000, or imprisoned not more than 6 months or both.
320320 SECTION 11.0Nonstatutory provisions.
321321 (1) No later than the first day of the 3rd month beginning after the effective date
322322 of this subsection, the elections commission shall facilitate the removal from the
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349349 SECTION 11 ASSEMBLY BILL 494
350350 mailing list maintained under s. 6.86 (2) of each elector who applied for automatic
351351 receipt of absentee ballots under s. 6.86 (2) (a) during the period beginning on March
352352 12, 2020, and ending on November 3, 2020.
353353 (2) No elector who is removed under sub. (1) from the mailing list under s. 6.86
354354 (2) may receive an absentee ballot under s. 6.86 (2) unless the elector reapplies for
355355 automatic receipt of absentee ballots under s. 6.86 (2) (a).
356356 (END)
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