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Bills · 2023-2024 Regular Session

AB 1037

Died at session end Official bill text Atom feed

Relating to: witness address requirements on absentee ballot certificates, curing defects on absentee ballot certificates, and providing a penalty.

Elections — Ballots Legislature — Criminal penalties joint review committee on Witness

  1. Introduced, stopped here
  2. Passes Assembly, not reached
  3. Passes Senate, not reached
  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

Under current law, absentee ballot envelopes include a printed certificate that

must be completed, signed by the voter and a qualified witness, and returned to the

municipal clerk with the completed ballot so that it is delivered to the polling place

no later than 8 p.m. on election day. The witness certificate includes the witness's

printed name and address in addition to his or her signature. If a municipal clerk

receives an absentee ballot with an improperly completed certificate, the clerk may,

but is not required to, return the ballot to the voter whenever time permits so that

the voter may correct the defect. If a certificate is missing the address of the witness,

the ballot may not be counted.

Under this bill, an absentee ballot that is returned with a witness certification

that does not include all of the following may not be counted:

1. The witness's printed first name.

2. The witness's printed last name.

3. The witness's house or apartment number.

4. The witness's street name.

5. The witness's municipality.

6. The witness's state.

7. The witness's zip code.

The bill further prohibits any person other than the voter, or the witness with

respect to the witness certificate, from correcting a defect in the voter's absentee

ballot certificate. Whoever violates this prohibition is subject to a fine not to exceed

$500 or imprisonment not to exceed 30 days, or both.

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.

Sponsors

Introduced by: Allen (R) , Binsfeld (R) , Bodden (R) , Brandtjen (R) , Dittrich (R) , Goeben (R) , Hurd (R) , Kitchens (R) , Krug (R) , Maxey (R) , Melotik (R) , Moses (R) , O'Connor (R) , Penterman (R) , Rozar (R) , Sortwell (R) , Wichgers (R)

8 cosponsors

Behnke (R) , Bradley (R) , Cabral-Guevara (R) , Gundrum (R) , James (R) , Steffen (R) , Testin (R) , Tomczyk (R)

Votes

Assembly: Report Assembly Substitute Amendment 1 adoption recommended by Committee on Campaigns and Elections, Ayes 8, Noes 0

Passed 8–0 Mar 13, 2024 official source full page

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

Assembly: Report passage as amended recommended by Committee on Campaigns and Elections, Ayes 5, Noes 3

Passed 5–3 Mar 13, 2024 official source full page

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

Full history

  1. Feb 1, 2024 · Assembly

    Introduced by Representatives Rozar, Krug, Allen, Binsfeld, Bodden, Brandtjen, Dittrich, Goeben, Hurd, Kitchens, Maxey, Melotik, Moses, O'Connor, Penterman, Sortwell and Wichgers; cosponsored by Senators Tomczyk, Bradley, Cabral-Guevara, James and Testin

  2. Feb 1, 2024 · Assembly

    Read first time and referred to Committee on Campaigns and Elections

  3. Feb 6, 2024 · Assembly

    Representative Steffen added as a coauthor

  4. Feb 6, 2024 · Assembly

    Assembly Substitute Amendment 1 offered by Representative Rozar

  5. Feb 7, 2024 · Assembly

    Public hearing held

  6. Feb 7, 2024 · Assembly

    Representative Gundrum added as a coauthor

  7. Feb 12, 2024 · Assembly

    Representative Behnke added as a coauthor

  8. Feb 14, 2024 · Assembly

    Executive action taken

  9. Mar 13, 2024 · Assembly

    Referred to committee on Rules

  10. Mar 13, 2024 · Assembly

    Report Assembly Substitute Amendment 1 adoption recommended by Committee on Campaigns and Elections, Ayes 8, Noes 0

  11. Mar 13, 2024 · Assembly

    Report passage as amended recommended by Committee on Campaigns and Elections, Ayes 5, Noes 3

  12. Apr 15, 2024 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1