Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB306 Compare Versions

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

Old	New	Differences
1	1	LRB-3231/1
2	2	JK:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 306
5	5	May 24, 2023 - Introduced by Senators CABRAL-GUEVARA, TAYLOR, BALLWEG,
6	6	STROEBEL and TOMCZYK, cosponsored by Representatives SORTWELL,
7	7	ORTIZ-VELEZ, ALLEN, BEHNKE, BINSFELD, GUNDRUM, GUSTAFSON, MAXEY, MYERS,
8	8	STEFFEN, SUBECK and WICHGERS. Referred to Committee on Shared Revenue,
9	9	Elections and Consumer Protection.
10	10	AN ACT to amend 6.18 (intro.), 6.87 (1), 6.87 (2) (intro.) and 6.87 (4) (b) 3.; and
11	11	to create 19.36 (14) of the statutes; relating to: requiring identification of a
12	12	military voter for voting absentee.
13	13	Analysis by the Legislative Reference Bureau
14	14	Current law does not require a military voter to provide proof of identification
15	15	when applying for an absentee ballot. This bill requires a military voter to provide
16	16	his or her federal Department of Defense number on the application for an absentee
17	17	ballot and requires the municipal clerk to verify with the state Department of
18	18	Military Affairs that the DOD number conforms to the voter's name on the
19	19	application. The military voter is also required to complete a consent for release of
20	20	information form provided by the clerk and approved by the DOD. If the clerk is
21	21	unable to verify the DOD number before election day, the ballot is considered to be
22	22	a provisional ballot. If the clerk is unable to verify the number before 4 p.m. on the
23	23	Friday following the election, the ballot will not be counted, but the clerk will
24	24	continue his or her efforts to verify the voter's DOD number so the voter may use that
25	25	number to vote at subsequent elections. Generally, under current law, a voter must
26	26	present proof of identification when applying for an absentee ballot and the
27	27	municipal clerk must verify that the proof of identification conforms to the voter's
28	28	name on the application.
29	29	Under the bill, if a military voter elects to return his or her absentee ballot by
30	30	electronic mail and does so no later than 30 days before the election, the clerk has
31	31	90 days following the election to verify the voter's DOD number. If a military voter
32	32	1
33	33	2
34	34	3 - 2 -2023 - 2024 Legislature LRB-3231/1
35	35	JK:amn
36	36	SENATE BILL 306
37	37	mails in the absentee ballot or votes absentee in person, the clerk must verify the
38	38	elector's DOD number within 48 hours after receiving the ballot. Also, if the military
39	39	voter elects to return his or her absentee ballot by electronic mail, the voter must
40	40	return the ballot using his or her DOD electronic mail address.
41	41	Under current law, if a voter has received an absentee ballot by mail for a
42	42	previous election, submitted proof of identification, and has not changed his or her
43	43	name or address since providing proof of identification, the voter is not required to
44	44	provide proof of identification with subsequent absentee ballot applications. Under
45	45	the bill, if a military voter has received an absentee ballot by mail for a previous
46	46	election, submitted his or her DOD number, and has not changed his or her name or
47	47	address since providing that number, the military voter is not required to provide his
48	48	or her DOD number with subsequent absentee ballot applications, except the
49	49	military voter must provide his or her DOD number at least once every six years.
50	50	Under the bill, the public does not have access to a military voter's DOD number
51	51	provided for purposes of obtaining an absentee ballot.
52	52	Current law allows a military voter to use the federal postcard registration and
53	53	absentee ballot request form to apply for an absentee ballot. If a military voter has
54	54	a Wisconsin-issued photo identification or a social security number, the military
55	55	voter must provide a copy of that identification or the last four digits of his or her
56	56	social security number. If the military voter has neither, the voter must indicate that
57	57	on the form, but is still eligible to receive and complete an absentee ballot. This bill
58	58	does not affect the use of the federal postcard registration and absentee ballot
59	59	request form.
60	60	The people of the state of Wisconsin, represented in senate and assembly, do
61	61	enact as follows:
62	62	SECTION 1. 6.18 (intro.) of the statutes is amended to read:
63	63	6.18 Former residents. (intro.) If ineligible to qualify as an elector in the
64	64	state to which the elector has moved, any former qualified Wisconsin elector may
65	65	vote an absentee ballot in the ward of the elector's prior residence in any presidential
66	66	election occurring within 24 months after leaving Wisconsin by requesting an
67	67	application form and returning it, properly executed, to the municipal clerk of the
68	68	elector's prior Wisconsin residence. When requesting an application form for an
69	69	absentee ballot, the applicant shall specify the applicant's eligibility for only the
70	70	presidential ballot. Unless the applicant is exempted from providing proof of
71	71	identification under s. 6.87 (4) (b) 2. or 3., or the applicant is a military or overseas
72	72	1
73	73	2
74	74	3
75	75	4
76	76	5
77	77	6
78	78	7
79	79	8
80	80	9
81	81	10 - 3 -2023 - 2024 Legislature
82	82	LRB-3231/1
83	83	JK:amn
84	84	SECTION 1
85	85	SENATE BILL 306
86	86	elector, the elector shall enclose a copy of his or her proof of identification or any
87	87	authorized substitute document with his or her application. A military elector shall
88	88	write his or her department of defense number on the elector's application and
89	89	complete a consent for release of information form provided by the clerk and as
90	90	approved by the department of defense. The municipal clerk shall verify that the
91	91	name on the proof of identification conforms to the name on the application and verify
92	92	with the department of military affairs that the department of defense number
93	93	provided by a military elector conforms to the name on the application. The clerk
94	94	shall not issue a ballot to an elector who is required to enclose a copy of proof of
95	95	identification or an authorized substitute document with his or her application
96	96	unless the copy is enclosed and the proof is verified by the clerk. The clerk shall not
97	97	issue an absentee ballot to an elector who is required to provide his or her department
98	98	of defense number unless the number is provided. If the number is not included on
99	99	the application, the clerk shall make a good faith effort to contact the military elector
100	100	and request his or her department of defense number. If a military elector elects to
101	101	return the ballot by electronic mail and does so no later than 30 days before the
102	102	election, the clerk has 90 days following the election to verify the elector's
103	103	department of defense number. In addition, if the military elector elects to return
104	104	the ballot by electronic mail, the military elector shall return the ballot by using his
105	105	or her department of defense electronic mail address. If a military elector mails in
106	106	the ballot or votes absentee in person, the clerk shall verify the elector's department
107	107	of defense number within 48 hours after receiving the ballot. If the clerk is unable
108	108	to verify the number prior to election day, the clerk shall issue the ballot, but the
109	109	ballot shall be considered a provisional ballot under s. 6.97. If the clerk is unable to
110	110	verify the number before 4 p.m. on the Friday following the election, the provisional
111	111	1
112	112	2
113	113	3
114	114	4
115	115	5
116	116	6
117	117	7
118	118	8
119	119	9
120	120	10
121	121	11
122	122	12
123	123	13
124	124	14
125	125	15
126	126	16
127	127	17
128	128	18
129	129	19
130	130	20
131	131	21
132	132	22
133	133	23
134	134	24
135	135	25 - 4 -2023 - 2024 Legislature LRB-3231/1
136	136	JK:amn
137	137	SECTION 1 SENATE BILL 306
138	138	ballot shall not be counted, but the clerk shall continue his or her efforts to verify the
139	139	elector's department of defense number so the elector may use that number to vote
140	140	at subsequent elections. The application form shall require the following
141	141	information and be in substantially the following form:
142	142	SECTION 2. 6.87 (1) of the statutes is amended to read:
143	143	6.87 (1) Upon proper request made within the period prescribed in s. 6.86, the
144	144	municipal clerk or a deputy clerk authorized by the municipal clerk shall write on
145	145	the official ballot, in the space for official endorsement, the clerk's initials and official
146	146	title. Unless application is made in person under s. 6.86 (1) (ar), the absent elector
147	147	is exempted from providing proof of identification under sub. (4) (b) 2. or 3., or the
148	148	applicant is a military or overseas elector, the absent elector shall enclose a copy of
149	149	his or her proof of identification or any authorized substitute document with his or
150	150	her application. A military elector shall write his or her department of defense
151	151	number on the elector's application and complete a consent for release of information
152	152	form provided by the clerk and as approved by the department of defense. The
153	153	municipal clerk shall verify that the name on the proof of identification conforms to
154	154	the name on the application and verify with the department of military affairs that
155	155	the department of defense number provided by a military elector conforms to the
156	156	name on the application. The clerk shall not issue an absentee ballot to an elector
157	157	who is required to enclose a copy of proof of identification or an authorized substitute
158	158	document with his or her application unless the copy is enclosed and the proof is
159	159	verified by the clerk. The clerk shall not issue an absentee ballot to an elector who
160	160	is required to provide his or her department of defense number unless the number
161	161	is provided. If the number is not included on the application, the clerk shall make
162	162	a good faith effort to contact the military elector and request his or her department
163	163	1
164	164	2
165	165	3
166	166	4
167	167	5
168	168	6
169	169	7
170	170	8
171	171	9
172	172	10
173	173	11
174	174	12
175	175	13
176	176	14
177	177	15
178	178	16
179	179	17
180	180	18
181	181	19
182	182	20
183	183	21
184	184	22
185	185	23
186	186	24
187	187	25 - 5 -2023 - 2024 Legislature
188	188	LRB-3231/1
189	189	JK:amn
190	190	SECTION 2
191	191	SENATE BILL 306
192	192	of defense number. If a military elector elects to return the ballot by electronic mail
193	193	and does so no later than 30 days before the election, the clerk has 90 days following
194	194	the election to verify the elector's department of defense number. In addition, if the
195	195	military elector elects to return the ballot by electronic mail, the military elector shall
196	196	return the ballot by using his or her department of defense electronic mail address.
197	197	If a military elector mails in the ballot or votes absentee in person, the clerk shall
198	198	verify the elector's department of defense number within 48 hours after receiving the
199	199	ballot. If the clerk is unable to verify the number prior to election day, the clerk shall
200	200	issue the ballot, but the ballot shall be considered a provisional ballot under s. 6.97.
201	201	If the clerk is unable to verify the number before 4 p.m. on the Friday following the
202	202	election, the provisional ballot shall not be counted, but the clerk shall continue his
203	203	or her efforts to verify the elector's department of defense number so the elector may
204	204	use that number to vote at subsequent elections.
205	205	SECTION 3. 6.87 (2) (intro.) of the statutes is amended to read:
206	206	6.87 (2) (intro.) Except as authorized under sub. (3) (d), the municipal clerk
207	207	shall place the ballot in an unsealed envelope furnished by the clerk. The envelope
208	208	shall have the name, official title and post-office address of the clerk upon its face.
209	209	The other side of the envelope shall have a printed certificate which shall include a
210	210	space for the municipal clerk or deputy clerk to enter his or her initials indicating
211	211	that if the absentee elector voted in person under s. 6.86 (1) (ar), the elector presented
212	212	proof of identification to the clerk and the clerk verified the proof presented. The
213	213	certificate shall also include a space for the municipal clerk or deputy clerk to enter
214	214	his or her initials indicating that the elector is exempt from providing proof of
215	215	identification because the individual is a military elector or an overseas elector who
216	216	does not qualify as a resident of this state under s. 6.10 or is exempted from providing
217	217	1
218	218	2
219	219	3
220	220	4
221	221	5
222	222	6
223	223	7
224	224	8
225	225	9
226	226	10
227	227	11
228	228	12
229	229	13
230	230	14
231	231	15
232	232	16
233	233	17
234	234	18
235	235	19
236	236	20
237	237	21
238	238	22
239	239	23
240	240	24
241	241	25 - 6 -2023 - 2024 Legislature LRB-3231/1
242	242	JK:amn
243	243	SECTION 3 SENATE BILL 306
244	244	proof of identification under sub. (4) (b) 2. or 3. The certificate shall include a space
245	245	for the municipal clerk or deputy clerk to enter his or her initials that a military
246	246	elector provided his or her department of defense number, and submitted a
247	247	completed consent for release of information form, and that the clerk verified that
248	248	the number corresponds to the elector, as provided in sub. (1). The certificate shall
249	249	be in substantially the following form:
250	250	SECTION 4. 6.87 (4) (b) 3. of the statutes is amended to read:
251	251	6.87 (4) (b) 3. If the absentee elector has received an absentee ballot from the
252	252	municipal clerk by mail for a previous election, has provided proof of identification
253	253	with that ballot, and has not changed his or her name or address since providing that
254	254	proof of identification, the elector is not required to provide proof of identification.
255	255	If a military elector has received an absentee ballot from the municipal clerk by mail
256	256	for a previous election, has provided his or her department of defense number, and
257	257	has not changed his or her name or address since providing that number, the military
258	258	elector is not required to provide his or her department of defense number, except
259	259	that the military elector shall provide the number at least once every 6 years.
260	260	SECTION 5. 19.36 (14) of the statutes is created to read:
261	261	19.36 (14) DEPARTMENT OF DEFENSE NUMBERS. Unless access is specifically
262	262	authorized or required by statute, an authority shall not provide access under s.
263	263	19.35 (1) to a military elector's department of defense number provided pursuant to
264	264	ss. 6.18 and 6.87 (1), (2) (intro.), and (4) (b) 3.
265	265	SECTION 6.0Nonstatutory provisions.
266	266	(1) The department of military affairs shall work with the federal department
267	267	of defense to develop a consent for release of information form, as described under
268	268	1
269	269	2
270	270	3
271	271	4
272	272	5
273	273	6
274	274	7
275	275	8
276	276	9
277	277	10
278	278	11
279	279	12
280	280	13
281	281	14
282	282	15
283	283	16
284	284	17
285	285	18
286	286	19
287	287	20
288	288	21
289	289	22
290	290	23
291	291	24 - 7 -2023 - 2024 Legislature
292	292	LRB-3231/1
293	293	JK:amn
294	294	SECTION 6
295	295	SENATE BILL 306
296	296	ss. 6.18 and 6.87 (1) and (2) (intro.), so that the form is available no later than
297	297	January 1, 2024.
298	298	(2) The elections commission shall send notice of the process described in this
299	299	act, along with a copy of the consent form developed under sub. (1), to the municipal
300	300	clerks no later than March 1, 2024.
301	301	SECTION 7.0Initial applicability.
302	302	(1) This act first applies to primaries and elections held after March 1, 2024.
303	303	(END)
304	304	1
305	305	2
306	306	3
307	307	4
308	308	5
309	309	6
310	310	7
311	311	8