Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB594 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 594
5	5	October 31, 2023 - Introduced by Representatives SHELTON, SNODGRASS, PALMERI,
6	6	J. ANDERSON, BALDEH, BARE, CONLEY, EMERSON, JACOBSON, JOERS, MOORE
7	7	OMOKUNDE, RATCLIFF, SINICKI, STUBBS, VINING, HAYWOOD and CLANCY,
8	8	cosponsored by Senators ROYS, HESSELBEIN, L. JOHNSON, LARSON, SMITH,
9	9	SPREITZER and AGARD. Referred to Committee on Campaigns and Elections.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 5.02 (12n), 6.02 (1), 6.02 (2), 6.05, 6.22 (6), 6.24 (1), 6.94 and
12	12	7.52 (5) (b) of the statutes; relating to: extending voting rights to certain
13	13	17-year-old individuals and requiring a referendum.
14	14	Analysis by the Legislative Reference Bureau
15	15	Currently, in addition to other qualifications, an individual must be at least 18
16	16	years of age to vote at an election in this state. This bill allows an individual who is
17	17	17 years of age to vote at a primary if the individual will be 18 years of age on the date
18	18	on which the election following the primary is held.
19	19	Because the bill extends the right to vote to a class of individuals beyond the
20	20	class currently entitled to vote under the Wisconsin Constitution, the bill cannot
21	21	become law unless, following enactment, it is approved by the majority of the votes
22	22	cast at a statewide referendum to be held at the November 2024 general election.
23	23	The people of the state of Wisconsin, represented in senate and assembly, do
24	24	enact as follows:
25	25	SECTION 1. 5.02 (12n) of the statutes is amended to read:
26	26	5.02 (12n) “Overseas elector" means a U.S. citizen who is residing outside of
27	27	the United States, who is not disqualified from voting under s. 6.03, who has attained
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35	35	SECTION 1 ASSEMBLY BILL 594
36	36	or will attain the age of will be at least 18 by years of age on the date of an election
37	37	at which the citizen proposes to vote or, if voting in a primary, will be 18 years of age
38	38	on the date of the election following the primary, who was last domiciled in this state
39	39	or whose parent was last domiciled in this state immediately prior to the parent's
40	40	departure from the United States, and who is not registered to vote or voting in any
41	41	other state, territory, or possession.
42	42	SECTION 2. 6.02 (1) of the statutes is amended to read:
43	43	6.02 (1) Every U.S. citizen age 18 or older, or age 17 on the date of a primary
44	44	for an election to be held on a date on which the citizen will be age 18, who has resided
45	45	in an election district or ward for 28 consecutive days before any election where the
46	46	citizen offers to vote is an eligible elector.
47	47	SECTION 3. 6.02 (2) of the statutes is amended to read:
48	48	6.02 (2) Any U.S. citizen age 18 or older, or age 17 on the date of a primary for
49	49	an election to be held on a date on which the citizen will be age 18, who moves within
50	50	this state later than 28 days before an election shall vote at his or her previous ward
51	51	or election district if the person is otherwise qualified. If the elector can comply with
52	52	the 28-day residence requirement at the new address and is otherwise qualified, he
53	53	or she may vote in the new ward or election district.
54	54	SECTION 4. 6.05 of the statutes is amended to read:
55	55	6.05 Election day age determines elector's voting rights. Any person
56	56	who will be at least 18 years old of age on or before election day is entitled to vote at
57	57	an election if the person is otherwise qualified to vote and the person complies with
58	58	this chapter. Any person who is 17 years of age on the date of a primary for an election
59	59	to be held on a date on which the person will be 18 years of age is entitled to vote at
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86	86	SECTION 4
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88	88	the primary if the person is otherwise qualified to vote and the person complies with
89	89	this chapter.
90	90	SECTION 5. 6.22 (6) of the statutes is amended to read:
91	91	6.22 (6) MILITARY ELECTOR LIST. Each municipal clerk shall keep an up-to-date
92	92	list of all eligible military electors who reside in the municipality in the format
93	93	prescribed by the commission. The list shall contain the name, latest-known
94	94	military residence and military mailing address of each military elector. The list
95	95	shall indicate whether each elector whose name appears on the list is a military
96	96	elector, as defined in s. 6.34 (1), and has so certified under s. 6.865 (3m). All persons
97	97	over who are at least 18 years of age or who will be 18 years old prior to of age on the
98	98	date of an election or, if voting in a primary, will be 18 years of age on the date of the
99	99	election following the primary shall be listed and remain on the list for the duration
100	100	of their tour of duty. The list shall be kept current through all possible means. Each
101	101	clerk shall exercise reasonable care to avoid duplication of names or listing anyone
102	102	who is not eligible to vote. Each clerk shall distribute one copy of the list to the each
103	103	polling place in the municipality for use on election day.
104	104	SECTION 6. 6.24 (1) of the statutes is amended to read:
105	105	6.24 (1) DEFINITION. In this section, except as otherwise provided, “overseas
106	106	elector" means a U.S. citizen who is not disqualified from voting under s. 6.03, who
107	107	has attained or will attain the age of 18 by will be at least 18 years of age on the date
108	108	of an election at which the citizen proposes to vote or, if voting in a primary, will be
109	109	18 years of age on the date of the election following the primary, and who does not
110	110	qualify as a resident of this state under s. 6.10, but who was last domiciled in this
111	111	state or whose parent was last domiciled in this state immediately prior to the
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137	137	SECTION 6 ASSEMBLY BILL 594
138	138	parent's departure from the United States, and who is not registered to vote or voting
139	139	in any other state, territory or possession.
140	140	SECTION 7. 6.94 of the statutes is amended to read:
141	141	6.94 Challenged elector oath. If the person challenged refuses to answer
142	142	fully any relevant questions put to him or her by the inspector under s. 6.92, the
143	143	inspectors shall reject the elector's vote. If the challenge is not withdrawn after the
144	144	person offering to vote has answered the questions, one of the inspectors shall
145	145	administer to the person the following oath or affirmation: “You do solemnly swear
146	146	(or affirm) that: you are at least 18 years of age or, if voting in a primary, will be 18
147	147	years of age on the date of the election following the primary; you are a citizen of the
148	148	United States; you are now and for 28 consecutive days have been a resident of this
149	149	ward except under s. 6.02 (2); you have not voted at this election; you have not made
150	150	any bet or wager or become directly or indirectly interested in any bet or wager
151	151	depending upon the result of this election; you are not on any other ground
152	152	disqualified to vote at this election". If the person challenged refuses to take the oath
153	153	or affirmation, the person's vote shall be rejected. If the person challenged answers
154	154	fully all relevant questions put to the elector by the inspector under s. 6.92, takes the
155	155	oath or affirmation, and fulfills the applicable registration requirements, and if the
156	156	answers to the questions given by the person indicate that the person meets the
157	157	voting qualification requirements, the person's vote shall be received.
158	158	SECTION 8. 7.52 (5) (b) of the statutes is amended to read:
159	159	7.52 (5) (b) For the purpose of deciding upon ballots that are challenged for any
160	160	reason, the board of absentee ballot canvassers may call before it any person whose
161	161	absentee ballot is challenged if the person is available to be called. If the person
162	162	challenged refuses to answer fully any relevant questions put to him or her by the
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190	190	SECTION 8
191	191	ASSEMBLY BILL 594
192	192	board of absentee ballot canvassers under s. 6.92, the board of absentee ballot
193	193	canvassers shall reject the person's vote. If the challenge is not withdrawn after the
194	194	person offering to vote has answered the questions, one of the members of the board
195	195	of absentee ballot canvassers shall administer to the person the following oath or
196	196	affirmation: “You do solemnly swear (or affirm) that: you are at least 18 years of age
197	197	or, if voting in a primary, will be 18 years of age on the date of the election following
198	198	the primary; you are a citizen of the United States; you are now and for 28
199	199	consecutive days have been a resident of this ward except under s. 6.02 (2), stats.; you
200	200	have not voted at this election; you have not made any bet or wager or become directly
201	201	or indirectly interested in any bet or wager depending upon the result of this election;
202	202	you are not on any other ground disqualified to vote at this election." If the person
203	203	challenged refuses to take the oath or affirmation, the person's vote shall be rejected.
204	204	If the person challenged answers fully all relevant questions put to the elector by the
205	205	board of absentee ballot canvassers under s. 6.92, takes the oath or affirmation, and
206	206	fulfills the applicable registration requirements, and if the answers to the questions
207	207	given by the person indicate that the person meets the voting qualification
208	208	requirements, the person's vote shall be received.
209	209	SECTION 9.0Nonstatutory provisions.
210	210	(1) The following question shall be submitted to the vote of the electors at the
211	211	general election to be held in November 2024: “Shall 2023 Wisconsin Act .... (this act),
212	212	which extends the right to vote in a primary to an individual who is 17 years of age
213	213	if the individual will be 18 years of age on the date on which the election following
214	214	the primary is held, become effective on January 1, 2025?" If the question is approved
215	215	by the majority of all votes cast on the question at the election, this act shall become
216	216	law; otherwise, this act shall not take effect.
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243	243	SECTION 10 ASSEMBLY BILL 594
244	244	SECTION 10.0Effective date.
245	245	(1) This act takes effect on January 1, 2025, if the condition set forth in SECTION
246	246	9 (1) of this act is satisfied.
247	247	(END)
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