Bills · 2023-2024 Regular Session
Relating to: certain kinds of election fraud, 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 — Ballots Elections — Campaign expense Elections — Officials Elections — Registration Elections commission Fines Fraud Legislature — Criminal penalties joint review committee on Municipality — Officers Nursing homes and adult care Nutrition Public health Public inland lake management Sentences and penalties
- Introduced, completed
- Passes Assembly, completed
- Passes Senate, stopped here
- Governor signs, not reached
- 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
Votes
Assembly: Report Assembly Amendment 1 adoption recommended by Committee on Campaigns and Elections, Ayes 5, Noes 3
Passed 5–3 Nov 7, 2023 official source full pageNo 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 Nov 7, 2023 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Senate: Report concurrence recommended by Committee on Shared Revenue, Elections and Consumer Protection, Ayes 3, Noes 2
Passed 3–2 Jan 11, 2024 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Aye · 21
- André Jacque (1)
- Chris Kapenga (33)
- Dan Feyen (20)
- Dan Knodl (24)
- Devin LeMahieu (9)
- Duey Stroebel (20)
- Eric Wimberger (2)
- Howard Marklein (17)
- Jesse James (23)
- Joan Ballweg (14)
- John Jagler (13)
- Julian Bradley (28)
- Mary Felzkowski (12)
- Patrick Testin (24)
- Rachael Cabral-Guevara (19)
- Rob Cowles (2)
- Rob Hutton (5)
- Rob Stafsholt (10)
- Romaine Quinn (25)
- Steve Nass (11)
- Van Wanggaard (21)
Nay · 11
- Bob Wirch (22)
- Brad Pfaff (32)
- Chris Larson (7)
- Cory Tomczyk (29)
- Dianne Hesselbein (27)
- Jeff Smith (31)
- Kelda Roys (26)
- LaTonya Johnson (6)
- Mark Spreitzer (15)
- Melissa Agard (16)
- Tim Carpenter (3)
Not voting · 1
- Lena Taylor (4)
Full history
- Oct 26, 2023 · Assembly
Introduced by Representatives Maxey, Macco, Armstrong, Edming, Michalski, Murphy, Rettinger, Steffen and VanderMeer; cosponsored by Senator Jacque
- Oct 26, 2023 · Assembly
Read first time and referred to Committee on Campaigns and Elections
- Nov 1, 2023 · Assembly
Assembly Amendment 1 offered by Representative Michalski
- Nov 2, 2023 · Assembly
Public hearing held
- Nov 3, 2023 · Assembly
Representative O'Connor added as a coauthor
- Nov 6, 2023 · Assembly
Fiscal estimate received
- Nov 7, 2023 · Assembly
Placed on calendar 11-9-2023 by Committee on Rules
- Nov 7, 2023 · Assembly
Executive action taken
- Nov 7, 2023 · Assembly
Report Assembly Amendment 1 adoption recommended by Committee on Campaigns and Elections, Ayes 5, Noes 3
- Nov 7, 2023 · Assembly
Report passage as amended recommended by Committee on Campaigns and Elections, Ayes 5, Noes 3
- Nov 7, 2023 · Assembly
Referred to committee on Rules
- Nov 9, 2023 · Assembly
Read a second time
- Nov 9, 2023 · Assembly
Assembly Amendment 1 adopted
- Nov 9, 2023 · Assembly
Ordered to a third reading
- Nov 9, 2023 · Assembly
Rules suspended
- Nov 9, 2023 · Assembly
Read a third time and passed
- Nov 9, 2023 · Assembly
Ordered immediately messaged
- Nov 10, 2023 · Senate
Received from Assembly
- Nov 13, 2023 · Senate
Read first time and referred to committee on Shared Revenue, Elections and Consumer Protection
- Dec 19, 2023 · Senate
Public hearing held
- Jan 11, 2024 · Senate
Executive action taken
- Jan 11, 2024 · Senate
Report concurrence recommended by Committee on Shared Revenue, Elections and Consumer Protection, Ayes 3, Noes 2
- Jan 11, 2024 · Senate
Available for scheduling
- Jan 12, 2024 · Senate
Placed on calendar 1-16-2024 pursuant to Senate Rule 18(1)
- Jan 16, 2024 · Senate
Read a second time
- Jan 16, 2024 · Senate
Ordered to a third reading
- Jan 16, 2024 · Senate
Rules suspended to give bill its third reading
- Jan 16, 2024 · Senate
Read a third time and concurred in, Ayes 21, Noes 11
- Jan 16, 2024 · Senate
Ordered immediately messaged
- Jan 16, 2024 · Assembly
Received from Senate concurred in
- Jan 19, 2024 · Assembly
Report correctly enrolled on 1-19-2024
- Jan 19, 2024 · Assembly
LRB correction (Assembly Amendment 1)
- Mar 18, 2024 · Assembly
Presented to the Governor on 3-18-2024
- Mar 21, 2024 · Assembly
Report vetoed by the Governor on 3-21-2024
- May 14, 2024 · Assembly
Placed on calendar 5-14-2024 pursuant to Joint Rule 82 (2)(a)
- May 15, 2024 · Assembly
Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82