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Bills · 2021-2022 Regular Session

SB 935

Vetoed Official bill text Atom feed

Relating to: certain kinds of election fraud, private resources and contracts for election administration, who may perform tasks related to election administration, defects on absentee ballot certificates, returning absentee ballots to the office of the municipal clerk, appointment of election officials, allowing an employee of a residential care facility or qualified retirement home to serve as a personal care voting assistant during a public health emergency or an incident of infectious disease, and providing a penalty. (FE)

Elections Elections — Ballots Elections — Officials Elections — Registration Elections commission Electricity Fraud Fuel Legislature — Criminal penalties joint review committee on Municipality — Officers Municipality — Planning Nursing homes and adult care Occupational therapy

  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

Retirement homes and residential care facilities

Personal care voting assistants

Under current law, absentee voting in person inside residential care facilities

and qualified retirement homes may be conducted only if the municipal clerk or

board of election commissioners adopts procedures allowing voters residing in such

a facility or home to apply for, receive, and complete an absentee ballot by means of

special voting deputies dispatched to the facility or home for that purpose. A

municipality that appoints special voting deputies must appoint at least two special

voting deputies for the municipality and the deputies must be eligible voters of the

county where the municipality is located. In addition, the two deputies designated

to visit each qualified retirement home and residential care facility must be affiliated

with different political parties whenever deputies representing different parties are

available. Current law prohibits individuals employed at a residential care facility

or qualified retirement home in the municipality, or any member of the individual's

immediate family, from serving as a special voting deputy.

Under this bill, during a public health emergency or an incident of infectious

disease that results in restricting entry to a residential care facility or qualified

retirement home, the municipal clerk or board of election commissioners may

appoint any individual who is employed at a residential care facility or qualified

retirement home in the municipality to serve as a personal care voting assistant. A

personal care voting assistant need not be an eligible voter of the county, but must

be an eligible voter of this state. A personal care voting assistant must complete a

two-hour online training prescribed by the Elections Commission and take the same

oath of office as a special voting deputy appointed under current law. In addition,

the two personal care voting assistants appointed to each facility or home must be

affiliated with different political parties whenever assistants representing different

parties are available. The bill also prohibits a personal care voting assistant from

assisting in or facilitating the registration of any resident of a residential care facility

or qualified retirement home.

Under the bill, an employee of the facility or home acting as a personal care

voting assistant must complete documentation, on a form prescribed by the Elections

Commission, that provides the assistant's name, the name of the voter, and the type

of assistance provided to the voter. The form must be separate from the absentee

ballot certificate, but the information contained on the form must also be included

on the absentee ballot return envelope. The administrator of the home or facility

must deliver the forms to the municipal clerk or board of election commissioners and

may arrange for an election official, other than a personal care voting assistant, to

collect and return the absentee ballots to the clerk or board. Otherwise, all absentee

ballots completed with the assistance of a personal care voting assistant must be

mailed to the clerk or board.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Bernier (R) , Cowles (R) , Darling (R) , Felzkowski (R) , Marklein (R) , Stroebel (R)

17 cosponsors

Allen (R) , Armstrong (R) , Ballweg (R) , Edming (R) , Gundrum (R) , Knodl (R) , Krug (R) , Kuglitsch (R) , Macco (R) , Magnafici (R) , Moses (R) , Murphy (R) , Mursau (R) , Penterman (R) , Schraa (R) , Spiros (R) , Steffen (R)

Votes

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

Passed 3–2 Feb 16, 2022 official source full page

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

Senate: Fiscal estimate requested from the Legislative Fiscal Bureau, by the committee on Senate Organization, pursuant to Senate Rule 96 (1), Ayes 5, Noes 0

Passed 5–0 Feb 18, 2022 official source full page

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

Senate: Senate Amendment 1 rejected, Ayes 21, Noes 12

Passed 21–12 Feb 22, 2022 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 56–38 Feb 24, 2022 official source full page

Aye · 56

Nay · 38

Not voting · 1

Full history

  1. Feb 3, 2022 · Senate

    Introduced by Senators Bernier, Cowles, Darling, Stroebel, Felzkowski and Marklein; cosponsored by Representatives Macco, Armstrong, Edming, Gundrum, Knodl, Krug, Kuglitsch, Magnafici, Moses, Murphy, Mursau, Penterman, Schraa and Spiros

  2. Feb 3, 2022 · Senate

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

  3. Feb 3, 2022 · Senate

    Representative Allen added as a cosponsor

  4. Feb 3, 2022 · Senate

    Senator Ballweg added as a coauthor

  5. Feb 7, 2022 · Senate

    Public hearing held

  6. Feb 16, 2022 · Senate

    Executive action taken

  7. Feb 16, 2022 · Senate

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

  8. Feb 16, 2022 · Senate

    Available for scheduling

  9. Feb 18, 2022 · Senate

    Fiscal estimate requested from the Legislative Fiscal Bureau, by the committee on Senate Organization, pursuant to Senate Rule 96 (1), Ayes 5, Noes 0

  10. Feb 18, 2022 · Senate

    Placed on calendar 2-22-2022 pursuant to Senate Rule 18(1)

  11. Feb 22, 2022 · Senate

    Senate Amendment 1 offered by Senators Carpenter, Smith, Agard and Ringhand

  12. Feb 22, 2022 · Senate

    Read a second time

  13. Feb 22, 2022 · Senate

    Senate Amendment 1 rejected, Ayes 21, Noes 12

  14. Feb 22, 2022 · Senate

    Ordered to a third reading

  15. Feb 22, 2022 · Senate

    Rules suspended

  16. Feb 22, 2022 · Senate

    Read a third time and passed, Ayes 19, Noes 14

  17. Feb 22, 2022 · Senate

    Ordered immediately messaged

  18. Feb 23, 2022 · Assembly

    Received from Senate

  19. Feb 23, 2022 · Assembly

    Read first time and referred to committee on Rules

  20. Feb 23, 2022 · Assembly

    Made a special order of business at 8:06 AM on 2-24-2022 pursuant to Assembly Resolution 30

  21. Feb 24, 2022 · Assembly

    Read a second time

  22. Feb 24, 2022 · Assembly

    Ordered to a third reading

  23. Feb 24, 2022 · Assembly

    Rules suspended

  24. Feb 24, 2022 · Assembly

    Read a third time and concurred in, Ayes 56, Noes 38, Paired 4

  25. Feb 24, 2022 · Assembly

    Representative Steffen added as a cosponsor

  26. Feb 24, 2022 · Assembly

    Ordered immediately messaged

  27. Feb 24, 2022 · Senate

    Received from Assembly concurred in

  28. Mar 1, 2022 · Senate

    Fiscal estimate received

  29. Mar 2, 2022 · Senate

    LRB correction

  30. Mar 2, 2022 · Senate

    Report correctly enrolled

  31. Apr 5, 2022 · Senate

    Presented to the Governor on 4-5-2022 by directive of the Majority Leader

  32. Apr 11, 2022 · Senate

    Report vetoed by the Governor on 4-8-2022

  33. May 17, 2022 · Senate

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

  34. May 17, 2022 · Senate

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