Absentee ballot applications, unsolicited mailing or transmission of absentee ballot applications and absentee ballots, secure delivery of absentee ballots, canvassing absentee ballots, voter registration requirements, electronic voter registration, and providing a penalty. (FE)

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 voter'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 In addition to indefinitely confined voters, as well as military and overseas voters, current law allows any other voter eligible to vote absentee in Wisconsin to apply for automatic receipt of absentee ballots for all elections occurring in the voter's municipality during the year of application.

Under this bill, a voter must submit a separate application for each primary and the election associated with that primary for which the voter wishes to receive absentee ballots automatically. The application must specify the primary and election to which the application applies. The municipal clerk is required to send an absentee ballot to the voter automatically only with respect to the primary and election specified in the application, except that if the voter fails to return the absentee ballot for the primary, the municipal clerk may not send an absentee ballot automatically to the voter for the election specified in the application.

3. Photo ID requirements for absentee voters Current law requires most voters applying to vote absentee in an election to submit proof of identification, such as a driver's license, with their absentee ballot application. The municipal clerk must verify that the name on the proof of identification conforms to the name on the voter's absentee ballot application.

However, current law exempts from that proof of identification requirement certain voters, including voters who received an absentee ballot from the municipal clerk by mail for a previous election, had provided proof of identification with that ballot, and had not changed their name or address since providing that proof of identification.

This bill eliminates that exemption from providing proof of identification when voting absentee.

4. Unsolicited mailing or transmission of absentee ballot applications and absentee ballots The bill prohibits any municipal or county clerk or municipal or county board of election commissioners, and any person acting on behalf of the Elections Commission, from sending or transmitting an absentee ballot application or an absentee ballot to a voter for purposes of voting in an election unless the voter applies for the application or ballot as provided by law.

Additionally, under the bill, no candidate committee, legislative campaign committee, political action committee, independent expenditure committee, political party, recall committee, or referendum committee, as those terms are defined by law, may send or transmit an absentee ballot application to a voter that contains a return address for the application other than the address of the municipal clerk or board of election commissioners of the municipality where the voter is registered to vote.

5. Secure delivery of absentee ballots Current law provides that a voter may make a written application to the municipal clerk to obtain an absentee ballot by mail, in person at the clerk's office or at an alternate absentee ballot site, by an agent for a hospitalized voter, by delivering an application to a special voting deputy, or electronically. The bill also allows a voter to use a for-profit commercial delivery service that moves parcels nationally and internationally to return an absentee ballot application or a completed absentee ballot.

Current law requires that an absentee ballot be returned by mail or in person to the municipal clerk. Under the bill, an absentee ballot must be returned by mail or by the voter, a member of the voter's immediate family, the voter's legal guardian, or another person designated by the voter to the office of the municipal clerk; to the municipal clerk at an alternate absentee ballot site; or to the voter's polling place on election day. If the voter designates a person to return the absentee ballot, the voter must make that designation in writing and the person designated to return the ballot must be a registered voter in this state. Under the bill, the voter may not designate a candidate on the ballot nor compensate the designated person to deliver the ballot.

No person designated to deliver a ballot may deliver more than two ballots for any election for a person who is not a member of the person's immediate family. Under the bill, “immediate family” means persons who are related as spouses, as siblings, as parent and child, or as a grandparent or grandchild.

Finally, the bill prohibits a person from obtaining a marked absentee ballot from another person in order to deliver it to the municipal clerk or polling place, unless the person obtaining the ballot is a member of the voter's immediate family, the voter's legal guardian, or a person designated to return the ballot. A person who violates this prohibition is guilty of a Class I felony.

Voter registration 1. Registration requirements The bill provides that no elector of this state may register to vote without providing the number of a valid driver's license or identification card issued to the elector by the Department of Transportation or the last four digits of the elector's social security number.

2. Electronic voter registration Under current law, an individual holding a valid driver's license or identification card issued by the Department of Transportation and who is eligible to vote in Wisconsin may register electronically. The Elections Commission maintains an Internet site that is used by voting-eligible individuals for purposes of electronic registration, currently titled MyVote Wisconsin. Current law requires the commission to provide a secure registration form on that Internet site that enables the individual to enter and update the information necessary for purposes of voter registration. Upon the voter's authorization, the commission obtains the individual's electronic signature from DOT for purposes of authenticating the information provided by the individual. The bill requires the Elections Commission to maintain a version of the completed application that contains the voter's electronic signature.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.