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Bills · 2021-2022 Regular Session

SB 204

Vetoed Official bill text Atom feed

Relating to: absentee ballot applications, unsolicited mailing or transmission of absentee ballot applications and absentee ballots, canvassing absentee ballots, electronic voter registration, and providing a penalty. (FE)

Crime and criminals — Felony Elections — Ballots Elections — Registration Elections commission Identification cards Legislature — Criminal penalties joint review committee on Municipality — Officers

  1. Introduced, completed
  2. Passes Senate, completed
  3. Passes Assembly, stopped here
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Absentee ballots

This bill makes a number of changes to the laws relating to absentee ballots in

Wisconsin.

1. Applications for absentee ballots

Subject to an exception for certain voters at residential care facilities and

qualified retirement homes, current law prohibits a municipal clerk from issuing an

absentee ballot to a voter, including in person at the municipal clerk's office, unless

the voter submits a written application for the absentee ballot. Current law does not

prescribe a specific form of written application for requesting absentee ballots.

The bill requires the Elections Commission to prescribe the form and

instructions of the absentee ballot application. The bill also requires the absentee

ballot application to be separate and distinct from the certificate envelope in which

voters must seal and submit absentee ballots, the outer portion of which includes

certifications of both the voter and a witness. Additionally, the bill requires that the

application require the voter to certify facts establishing that he or she is eligible to

vote in the election and must include at least all of the following information:

a. The voter's municipality and county of residence.

b. The voter's name, date of birth, and contact information, including as

applicable the voter's telephone number, fax number, and e-mail address.

c. The street address of the voter's legal voting residence.

d. The election at which the voter intends to vote absentee.

e. Whether the voter is a military or overseas voter.

f. The voter's confidential identification serial number if the voter has obtained

a confidential listing for purposes of voting.

g. The lawful method by which the voter prefers to receive the absentee ballot.

h. Whether the voter is a hospitalized voter.

The bill provides that any municipal clerk issuing an absentee ballot without

having received a completed application on the form prescribed by the Elections

Commission under the bill that contains the voter's original written signature, a copy

of the voter's original written signature if transmitted by facsimile transmission, or

the voter's electronic signature if submitted in Portable Document Format (PDF) by

e-mail, or the signature of a person authorized by law to sign on the elector's behalf,

is subject to a Class I felony, which is punishable by a fine not to exceed $10,000 or

imprisonment not to exceed three years and six months, or both.

2. Automatic receipt of absentee ballots

Current law allows the following voters to receive absentee ballots

automatically for each election for specified periods:

a. Indefinitely confined voters. Current law allows a voter who identifies

himself or herself as indefinitely confined because of age, physical illness, infirmity,

or disability to have, by signing a statement to that effect, an absentee ballot sent to

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Ballweg (R) , Bradley (R) , Darling (R) , Felzkowski (R) , Nass (R) , Roth (R) , Stroebel (R) , Wanggaard (R)

14 cosponsors

Allen (R) , Brooks (R) , Edming (R) , Gundrum (R) , Jagler (R) , Knodl (R) , Krug (R) , Murphy (R) , Neylon (R) , Plumer (R) , Rozar (R) , Spiros (R) , Steffen (R) , Wichgers (R)

Votes

Senate: Report passage by Committee on Elections, Election Process Reform and Ethics, Ayes 2, Noes 3

Failed 2–3 Jun 3, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Refused to refer to committee on Elections, Election Process Reform and Ethics, Ayes 11, Noes 21

Failed 11–21 Jun 9, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate Substitute Amendment 1 adopted, Ayes 18, Noes 14

Passed 18–14 Jun 9, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: CONCURRENCE

Passed 60–38 Jun 22, 2021 official source full page

Aye · 60

Nay · 38

Full history

  1. Mar 16, 2021 · Senate

    Introduced by Senators Stroebel, Darling, Roth, Wanggaard, Bradley, Nass, Ballweg and Felzkowski; cosponsored by Representatives Gundrum, Rozar, Edming, Spiros, Krug, Neylon, Brooks, Murphy, Jagler, Allen, Knodl and Wichgers

  2. Mar 16, 2021 · Senate

    Read first time and referred to Committee on Elections, Election Process Reform and Ethics

  3. Apr 15, 2021 · Senate

    Public hearing held

  4. Apr 23, 2021 · Senate

    Fiscal estimate received

  5. May 3, 2021 · Senate

    Senate Amendment 1 offered by Senator Stroebel

  6. May 11, 2021 · Senate

    Representative Steffen added as a cosponsor

  7. May 20, 2021 · Senate

    Representative Plumer added as a cosponsor

  8. May 27, 2021 · Senate

    Executive action taken

  9. Jun 3, 2021 · Senate

    Report passage by Committee on Elections, Election Process Reform and Ethics, Ayes 2, Noes 3

  10. Jun 3, 2021 · Senate

    Available for scheduling

  11. Jun 4, 2021 · Senate

    Placed on calendar 6-9-2021 pursuant to Senate Rule 18(1)

  12. Jun 8, 2021 · Senate

    Senate Substitute Amendment 1 offered by Senator Stroebel

  13. Jun 9, 2021 · Senate

    Read a second time

  14. Jun 9, 2021 · Senate

    Refused to refer to committee on Elections, Election Process Reform and Ethics, Ayes 11, Noes 21

  15. Jun 9, 2021 · Senate

    Senate Substitute Amendment 1 adopted, Ayes 18, Noes 14

  16. Jun 9, 2021 · Senate

    Ordered to a third reading

  17. Jun 9, 2021 · Senate

    Placed on the foot of the 11th order of business on the calendar of 6-9-2021

  18. Jun 9, 2021 · Senate

    Rules suspended

  19. Jun 9, 2021 · Senate

    Read a third time and passed, Ayes 18, Noes 14

  20. Jun 9, 2021 · Senate

    Ordered immediately messaged

  21. Jun 10, 2021 · Assembly

    Received from Senate

  22. Jun 15, 2021 · Assembly

    Read first time and referred to committee on Rules

  23. Jun 16, 2021 · Assembly

    Placed on calendar 6-22-2021 by Committee on Rules

  24. Jun 22, 2021 · Assembly

    Rules suspended to withdraw from calendar and take up

  25. Jun 22, 2021 · Assembly

    Read a second time

  26. Jun 22, 2021 · Assembly

    Ordered to a third reading

  27. Jun 22, 2021 · Assembly

    Rules suspended

  28. Jun 22, 2021 · Assembly

    Read a third time and concurred in, Ayes 60, Noes 38

  29. Jun 22, 2021 · Assembly

    Ordered immediately messaged

  30. Jun 22, 2021 · Senate

    Received from Assembly concurred in

  31. Jun 28, 2021 · Senate

    Report correctly enrolled

  32. Aug 5, 2021 · Senate

    Presented to the Governor on 8-5-2021

  33. Aug 10, 2021 · Senate

    Report vetoed by the Governor on 8-10-2021

  34. May 17, 2022 · Senate

    Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)

  35. May 17, 2022 · Senate

    Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82