Wisconsin 2023-2024 Regular Session Status: To Executive 5 R cosponsors

AB 570 — 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)

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

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Tony Evers (Democratic) on March 21, 2024.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

229 added · 498 removed

Plain-language change summary

The recent amendments to Assembly Bill 570 include changes to how absentee ballot certificates are formatted. The new version ensures that these certificates will have designated spaces for important information like the state's name and zip code, as well as requirements for military and overseas voters. This matters because clearer and more organized ballot certificates can help reduce confusion and improve the overall voting process, making it easier for voters to provide the necessary information without errors.

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- 2024 LEGISLATURE LRB-4383/1 MPG&JK:emw ASSEMBLY BILL 570 October 26, 2023 - Introduced by RepresentativesAXEY, MACCO, ARMSTRONG , EDMING, M ICHALSKI, M URPHY, RETTINGER, S TEFFEN and V ANDERM EER, cosponsored by SenatorACQUE.
Date of enactment:
Referred to Committee on Campaigns and Elections.
Assembly Bill 570 Date of publication*:
A N A CT to renumber 6.875 (4) (b) and 6.875 (6) (e);
WISCONSIN ACT A N A CT to renumber 6.875 (4) (b) and 6.875 (6) (e);
and to create 6.87 (6d) (a) to (L), 6.87 (9) (b), 6.875 (4) (b) 2., 6.875 (6) (e) 2., 6.875 (8), 7.30 (7), 7.51 (1) (b), 12.13 (2) (b) 9., 12.13 (2) (b) 10., 12.13 (2) (b) 11., 12.13 (3) (zp) and 12.13 (3m) of the statutes;
and to create 5.51 (9), 6.87 (6d) (a) to (L), 6.87 (9) (b), 6.875 (4) (b) 2., 6.875 (6) (e) 2., 6.875 (8), 7.30 (7), 7.51 (1) (b), 12.13 (2) (b) 9., 12.13 (2) (b) 10., 12.13 (2) (b) 11., 12.13 (3) (zp) and 12.13 (3m) of the statutes;
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.
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 infec- tious disease, and providing a penalty.
Analysis by the 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 - 2024 Legislature - 2 - LRB-4383/1 MPG&JK:emw ASSEMBLY BILL 570 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.
The people of the state of Wisconsin, represented in presented.
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.
The certificate shall also include a space for senate and assembly, do enact as follows:
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.
the municipal clerk or deputy clerk to enter his or her ini- tials indicating that the elector is exempt from providing SECTION 1b.
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.
5.51 (9) of the statutes is created to read:
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.
5.51 (9) Each absentee ballot certificate shall be proof of identification because the individual is a military printed with blank spaces to accommodate inclusion of elector or an overseas elector who does not qualify as a the information required under s.
A personal care voting assistant need not be an eligible voter of the county but must be an eligible voter of this state.
6.87 (6d) (a) to (L).
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.
resident of this state under s.
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.
6.10 or is exempted from Each absentee ballot certificate shall also be printed with providing proof of identification under sub.
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.
Entry to a facility The bill prohibits residential care facilities and qualified retirement homes from denying entry to special voting deputies appointed under current law, except when the facility or home is closed to the public during a public health emergency or an incident of infectious disease.
Under the bill, if a home or facility is closed to the public during such an emergency or incident, the home or facility must allow personal care voting assistants to supervise the absentee voting procedure used by occupants of the home or facility.
LRB-4383/1 - 2024 Legislature - 3 - MPG&JK:emw ASSEMBLY BILL 570 In addition, under the bill, no administrator of a qualified retirement home or residential care facility may deny a special voting deputy from entering the home or facility unless the governor declares a public health emergency.
Visits to facilities Under current law, the special voting deputies must, not later than 5 p.m.
on the sixth working day preceding an election, arrange with the administrator of the qualified retirement home or residential care facility one or more convenient times to visit the home or facility.
Current law also requires that the visits be no earlier than the fourth Monday preceding the election and no later than 5 p.m.
on the Monday preceding the election.
Under the bill, the special voting deputies must make arrangements to visit the qualified retirement homes or residential care facilities no later than 5 p.m.
on the 11th working day preceding the election, and the visits may be no earlier than the fourth Monday preceding the election and no later than 5 p.m.
on the sixth working day preceding the election.
Under current law, if an eligible voter at a residential care facility or qualified retirement home is not able to cast his or her ballot on two separate visits by special voting deputies to the home or facility, the deputies must notify the municipal clerk or board of election commissioners.
The clerk or board may then send the voter an absentee ballot no later than the Friday before the election.
Under the bill, if an eligible voter of a facility or home is not able to cast his or her ballot on two separate visits by the special voting deputies because access to the home or facility is restricted due to a public health emergency or incident of infectious disease, the deputies must notify the municipal clerk or board of election commissioners.
The clerk or board may then send the voter an absentee ballot as provided under current law.
Penalty Finally, the bill provides that an employee of a qualified retirement home or residential care facility who coerces an occupant of the home or facility to apply for or not apply for an absentee ballot or to cast or refrain from casting a ballot or who coerces an occupant to cast a ballot for or against a particular candidate or ballot question is guilty of a Class I felony.
In addition, an employee of a qualified retirement home or residential care facility who coerces an occupant of the home or facility to register or not register to vote is guilty of a Class I felony.
E LECTION FRAUD Current law prohibits election officials from committing certain kinds of election fraud, including permitting a person to register to vote or vote when the election official knows the person is not qualified to do so.
The bill provides further that no election official may do any of the following:
1.
Intentionally assist or cause the casting or counting of a vote or the receipt of a registration that the election official knows is invalid.
2.
Intentionally assist or cause a vote or registration to be rejected when the election official knows the vote or registration is valid.
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3.
Intentionally fail to promptly report election fraud committed by another election official.
- 2024 Legislature - 4 - LRB-4383/1 MPG&JK:emw ASSEMBLY BILL 570 Under the bill, election officials violating the prohibitions described above are guilty of a Class I felony.
ABSENTEE BALLOT CERTIFICATES 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.
By completing and signing the certificate, the voter certifies that he or she is entitled to vote in the election and that the voter completed his or her absentee ballot in the presence of the witness.
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 or with no 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 the bill, if a municipal clerk receives an absentee ballot with an improperly completed certificate or with no certificate, in addition to being authorized to return the ballot to the elector, the clerk is required to post a notification of the defect on the voter's voter information page on the website that is used by voters for original registration, currently titled MyVote Wisconsin.
Additionally, under the bill, the clerk may attempt to notify the voter of the defect by other means.
Additionally, under the bill, an absentee ballot with no certificate or with a certificate that does not include all of the following may not be counted:
1.
The voter 's printed first name.
2.
The voter's printed last name.
3.
The voter's house or apartment number.
4.
The voter's street name.
5.
The voter's municipality.
6.
The voter's signature.
7.
The witness's printed first name.
8.
The witness's printed last name.
9.
The witness's house or apartment number.
10.
The witness's street name.
11.
The witness's municipality.
12.
The witness's signature.
Finally, the bill 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 that prohibition is subject to a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.
A PPOINTMENT OF POLL WORKERS The bill prohibits the appointment of any poll worker who is an employee of any of the following:
LRB-4383/1 - 2024 Legislature - 5 - MPG&JK:emw ASSEMBLY BILL 570 1.
A 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.
2.
A political organization required to register with the Federal Election Commission.
3.
An issue advocacy group.
M UNICIPAL BOARD OF CANVASSERS Current law requires that the municipal board of canvassers of each municipality convene immediately following the close of the polls on election day to publicly canvass the ballots cast.
The board may not adjourn until the canvass is completed, except that the board may adjourn and reconvene at a central count location to complete the canvass.
Current law also requires the municipal clerk to appoint an individual to serve as a member of the board of canvassers if there are one or more temporary vacancies on the board and the number of available members to canvass the ballots is less than three.
The bill allows a municipal board of canvassers to recess as the result of a natural disaster, if a board member is ill or otherwise incapacitated, or if the physical condition of the canvass location is unsuitable for continuing the canvass.
However, the bill requires that the board reconvene as soon as possible.
In addition, if the board recesses because a member is ill or otherwise incapacitated, the bill requires the municipal clerk to immediately appoint an individual to fill the vacancy on the board to temporarily replace that member.
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.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1.
6.87 (2) (intro.) of the statutes is amended to read:
6.87 (2) (intro.) Except as authorized under sub.
(3) (d), the municipal clerk shall place the ballot in an unsealed envelope furnished by the clerk.
The envelope shall have the name, official title and post-office address of the clerk upon its face.
The other side of the envelope shall have a printed certificate which shall include a space for the municipal clerk or deputy clerk to enter his or her initials indicating that if the absentee elector voted in person under s.
6.86 (1) (ar), the elector presented - 2024 Legislature - 6 - LRB-4383/1 MPG&JK:emw ASSEMBLY BILL 570 SECTION 1 proof of identification to the clerk and the clerk verified the proof presented.
The certificate shall also include a space for the municipal clerk or deputy clerk to enter his or her initials indicating that the elector is exempt from providing proof of identification because the individual is a military elector or an overseas elector who does not qualify as a resident of this state under s.
6.10 or is exempted from providing proof of identification under sub.
or 3.
or blank spaces to accommodate the optional inclusion of 3.
The certificate shall include a distinct field for each item required to be entered under sub.
The certificate shall include a distinct field for each the state and zip code of the elector and the witness.
item required to be entered under sub.
SECTION 2.
SECTION 1r.
6.87 (6d) of the statutes is renumbered 6.87 (6d) (intro.) and amended to read:
6.87 (2) (intro.) of the statutes is amended to read:
6.87 (6d) (intro.) If a certificate is missing the address of a witness, the ballot An absentee ballot with no certificate or with a certificate that does not include all of the following may not be counted.:
S ECTION 2.
SECTION 3.
6.87 (6d) of the statutes is renumbered 6.87 (2) (intro.) Except as authorized under sub.
6.87 (6d) (a) to (L) of the statutes are created to read:
(3) 6.87 (6d) (intro.) and amended to read:
6.87 (6d) (a) The elector's printed first name.
(d), the municipal clerk shall place the ballot in an 6.87(6d) (intro.) If a certificate is missing the address unsealed envelope furnished by the clerk.
(b) The elector's printed last name.
The envelope of a witness, the ballot An absentee ballot with no certifi- shall have the name, official title and post−office address cate or with a certificate that does not include all of the of the clerk upon its face.
(c) The elector's house or apartment number.
The other side of the envelope following may not be counted.:
(d) The elector's street name.
shall have a printed certificate which shall include a space S ECTION 3.
(e) The elector's municipality.
6.87 (6d) (a) to (L) of the statutes are cre- for the municipal clerk or deputy clerk to enter his or her ated to read:
(f) The elector's signature.
initials indicating that if the absentee elector voted in per- 6.87 (6d) (a) The elector’s printed first name.
(g) The witness's printed first name.
son under s.
(h) The witness's printed last name.
6.86 (1) (ar), the elector presented proof of (b) The elector’s printed last name.
(i) The witness's house or apartment number.
identification to the clerk and the clerk verified the proof (c) The elector’s house or apartment number.
(j) The witness's street name.
* Section 991.11,ISCONSINSTATUTES:
(k) The witness's municipality.
Effective date of acts.
LRB-4383/1 - 2024 Legislature - 7 - MPG&JK:emw SECTION 3 ASSEMBLY BILL 570 (L) The witness's signature.
“Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act − 2 − 2023 Assembly Bill 570 (d) The elector’s street name.
SECTION 4.
home or residential care facility may deny entry to a spe- (e) The elector’s municipality.
cial voting deputy appointed under this paragraph except (f) The elector’s signature.
if the qualified retirement home or residential care facil- (g) The witness’s printed first name.
ity is closed to the public during a public health emer- (h) The witness’s printed last name.
gency and except if the qualified retirement home or resi- (i) The witness’s house or apartment number.
dential care facility is closed to the public during an (j) The witness’s street name.
incident of infectious disease, if the administrator of the (k) The witness’s municipality.
qualified retirement home or residential care facility has (L) The witness’s signature.
signed a verifiable statement documenting the incident SECTION 4.
6.87 (9) (a) If a municipal clerk receives an absentee ballot with an improperly completed certificate or with no certificate, the clerk may return the ballot to the elector, inside the sealed envelope when an envelope is received, together with a new envelope if necessary, whenever time permits the elector to correct the defect and return the ballot within the period authorized under sub.
and filed the statement with the municipal clerk or board of election commissioners.
(6), and the clerk shall post a notification of the defect on the elector's voter information page on the website that is used by electors for original registration under s.
During a public health emer- 6.87(9) (a) If a municipal clerk receives an absentee gency or an incident of infectious disease, if a qualified ballot with an improperly completed certificate or with retirement home or residential care facility is closed to no certificate, the clerk may return the ballot to the elec- the public, the qualified retirement home or residential tor, inside the sealed envelope when an envelope is care facility shall allow a personal care voting assistant received, together with a new envelope if necessary, whenever time permits the elector to correct the defect appointed under sub.
(8) to supervise the absentee voting procedure used by occupants of the qualified retirement and return the ballot within the period authorized under home or residential care facility.
sub.
(6), and the clerk shall post a notification of the SECTION 7.
6.875 (4) (b) of the statutes is renumbered defect on the elector’s voter information page on the web- 6.875 (4) (b) 1.
site that is used by electors for original registration under SECTION 8.
6.875 (4) (b) 2.
of the statutes is created s.
The clerk may also attempt to notify the elector of the defect by other means.
The clerk may also attempt to notify the elec- tor of the defect by other means.
SECTION 5.
to read:
6.87 (9) (b) of the statutes is created to read:
6.87 (9) (b) No person other than the elector, or the witness with respect to the witness certificate, may correct a defect in the elector's absentee ballot certificate.
Whoever violates this paragraph is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.
SECTION 6.
6.875 (4) (a) of the statutes is amended to read:
6.875 (4) (a) For the purpose of absentee voting in qualified retirement homes and residential care facilities, the municipal clerk or board of election commissioners of each municipality in which one or more qualified retirement homes or residential care facilities are located shall appoint at least 2 special voting deputies for the municipality.
Except as provided in par.
(am), upon application under s.
6.86 (1), (2), or (2m) by one or more qualified electors who are occupants of a home or facility, the municipal clerk or board of election commissioners of the municipality in which the home or facility is located shall dispatch 2 special voting deputies to visit the home - 2024 Legislature - 8 - LRB-4383/1 MPG&JK:emw ASSEMBLY BILL 570 SECTION 6 or facility for the purpose of supervising absentee voting procedure by occupants of the home or facility.
The clerk or board of election commissioners shall maintain a list, available to the public upon request, of each home or facility where special voting deputies are dispatched.
The list shall include the date and time the deputies intend to visit each home or facility.
The 2 deputies designated to visit each qualified retirement home and residential care facility shall be affiliated with different political parties whenever deputies representing different parties are available.
No qualified retirement home or residential care facility may deny entry to a special voting deputy appointed under this paragraph except if the qualified retirement home or residential care facility is closed to the public during a public health emergency and except if the qualified retirement home or residential care facility is closed to the public during an incident of infectious disease, if the administrator of the qualified retirement home or residential care facility has signed a verifiable statement documenting the incident and filed the statement with the municipal clerk or board of election commissioners.
During a public health emergency or an incident of infectious disease, if a qualified retirement home or residential care facility is closed to the public, the qualified retirement home or residential care facility shall allow a personal care voting assistant appointed under sub.
(8) to supervise the absentee voting procedure used by occupants of the qualified retirement home or residential care facility.
SECTION 7.
6.875 (4) (b) of the statutes is renumbered 6.875 (4) (b) 1.
SECTION 8.
of the statutes is created to read:
No individual who is employed or SECTION 5.
6.875 (4) (b) 2.
6.87 (9) (b) of the statutes is created to retained at a qualified retirement home or residential care read:
No individual who is employed or retained at a qualified retirement home or residential care facility in the municipality and who is not a personal care voting assistant appointed under sub.
facility in the municipality and who is not a personal care 6.87 (9) (b) No person other than the elector, or the voting assistant appointed under sub.
may assist an occupant LRB-4383/1 - 2024 Legislature - 9 - MPG&JK:emw SECTION 8 ASSEMBLY BILL 570 of the qualified retirement home or residential care facility in completing the occupant's absentee ballot, but such an individual may assist only in distributing the absentee ballots in their unopened envelopes to the occupants who requested the ballots.
may assist witness with respect to the witness certificate, may cor- rect a defect in the elector’s absentee ballot certificate.
SECTION 9.
an occupant of the qualified retirement home or residen- Whoever violates this paragraph is guilty of a misde- tial care facility in completing the occupant’s absentee meanor punishable by a fine not to exceed $500 or ballot, but such an individual may assist only in distribut- ing the absentee ballots in their unopened envelopes to imprisonment not to exceed 30 days, or both.
the occupants who requested the ballots.
SECTION 6.
6.875 (4) (a) of the statutes is amended SECTION 9.
6.875 (6) (a) Special voting deputies in each municipality shall, not later than 5 p.m.
6.875 (4) (a) For the purpose of absentee voting in to read:
on the 6th 11th working day preceding an election, arrange one or more convenient times with the administrator of each qualified retirement home and residential care facility in the municipality that the deputies are scheduled to visit.
qualified retirement homes and residential care facilities, 6.875(6) (a) Special voting deputies in each munici- the municipal clerk or board of election commissioners pality shall, not later than 5 p.m.
The time may be no earlier than the 4th Monday preceding the election and no later than 5 p.m.
on the 6th1th working day preceding an election, arrange one or more conve- of each municipality in which one or more qualified nient times with the administrator of each qualified retirement homes or residential care facilities are located shall appoint at least 2 special voting deputies for the retirement home and residential care facility in the municipality.
on the Mondayth working day preceding the election.
Except as provided in par.
The municipal clerk shall give notice of each visit by special voting deputies to a qualified retirement home or residential care facility in the same manner that notices of public meetings are provided by presiding officers under s.
(am), upon municipality that the deputies are scheduled to visit.
19.84 (1) (b) at least 5 working days in advance of each visit, indicating the date and time of the visit.
The application under s.
The municipal clerk also shall post a notice at the home or facility and on the Internet indicating the date and time that absentee voting will take place at that home or facility.
6.86 (1), (2), or (2m) by one or more time may be no earlier than the 4th Monday preceding the qualified electors who are occupants of a home or facility, election and no later than 5 p.m.
The notice shall be posted as soon as practicable after arranging the visit but in no case less than 5 working days before the visit.
on the Monday 6th work- ing day preceding the election.
A municipal clerk whose municipality does not maintain an Internet site need not comply with the Internet posting requirement.
The municipal clerk shall the municipal clerk or board of election commissioners give notice of each visit by special voting deputies to a of the municipality in which the home or facility is located shall dispatch 2 special voting deputies to visit the qualified retirement home or residential care facility in home or facility for the purpose of supervising absentee the same manner that notices of public meetings are pro- voting procedure by occupants of the home or facility.
At the designated time, 2 deputies appointed under sub.
vided by presiding officers under s.
19.84 (1) (b) at least The clerk or board of election commissioners shall main- 5 working days in advance of each visit, indicating the tain a list, available to the public upon request, of each date and time of the visit.
The municipal clerk also shall home or facility where special voting deputies are dis- post a notice at the home or facility and on the Internet patched.
The list shall include the date and time the indicating the date and time that absentee voting will take deputies intend to visit each home or facility.
The 2 place at that home or facility.
The notice shall be posted deputies designated to visit each qualified retirement as soon as practicable after arranging the visit but in no home and residential care facility shall be affiliated with case less than 5 working days before the visit.
A munici- different political parties whenever deputies representing pal clerk whose municipality does not maintain an Inter- different parties are available.
No qualified retirement net site need not comply with the Internet posting Assembly Bill 570 − 3 − 2023 Wisconsin Act requirement.
At the designated time, 2 deputies a privilege and not a constitutional right.
The form of the appointed under sub.
oath shall be prescribed by the commission.
6.875 (6) (e) of the statutes is renumbered 6.875 (6) (e) 1.
6.875 (6) (e) of the statutes is renum- 4.
SECTION 11.
The municipal clerk or board of election commis- bered 6.875 (6) (e) 1.
sioners shall appoint at least 2 individuals employed or SECTION 11.
of the statutes is created to read:
of the statutes is created retained by the qualified retirement home or residential to read:
- 2024 Legislature - 10 - LRB-4383/1 MPG&JK:emw ASSEMBLY BILL 570 SECTION 11 6.875 (6) (e) 2.
care facility to serve as personal care voting assistants 6.875(6) (e) 2.
If a qualified elector is not able to cast his or her ballot on 2 separate visits by the deputies to the qualified retirement home or residential care facility because access to the qualified retirement home or residential care facility is restricted due to a public health emergency or an incident of infectious disease, the deputies shall so inform the municipal clerk or executive director of the board of election commissioners, who may then send the ballot to the elector no later than 5 p.m.
If a qualified elector is not able to cast under subd.
on the Friday preceding the election.
1.
SECTION 12.
The 2 personal care voting assistants for his or her ballot on 2 separate visits by the deputies to the each qualified retirement home or residential care facility qualified retirement home or residential care facility shall be affiliated with different political parties when- because access to the qualified retirement home or resi- ever personal care voting assistants representing differ- dential care facility is restricted due to a public health ent parties are available.
6.875 (8) of the statutes is created to read:
emergency or an incident of infectious disease, the (b) A personal care voting assistant appointed under deputies shall so inform the municipal clerk or executive par.
6.875 (8) (a) 1.
(a) 1.
For an election held during a public health emergency or an incident of infectious disease that results in restricting access to a qualified retirement home or residential care facility, the municipal clerk or board of election commissioners of each municipality in which one or more qualified retirement homes or residential care facilities are located may appoint any individual who is employed or retained at a qualified retirement home or residential care facility in the municipality to serve as a personal care voting assistant.
shall complete documentation, on a form pre- director of the board of election commissioners, who may then send the ballot to the elector no later than 5 p.m.
2.
scribed by the commission, that provides the assistant’s name, the name of each elector in the qualified retirement on the Friday preceding the election.
home or residential care facility for whom the personal SECTION 12.
6.875 (8) of the statutes is created to care voting assistant provides assistance, and the type of read:
assistance provided to the elector.
The personal care vot- 6.875 (8) (a) 1.
For an election held during a public health emergency or an incident of infectious disease that ing assistant shall also include the information contained results in restricting access to a qualified retirement home on the form on the return envelope.
(c) The form prescribed under par.(b)shallbeadocu- or residential care facility, the municipal clerk or board ment separate from the absentee ballot certificate and of election commissioners of each municipality in which shall be delivered by the administrator of the qualified one or more qualified retirement homes or residential care facilities are located may appoint any individual retirement home or residential care facility to the munici- who is employed or retained at a qualified retirement pal clerk or board of election commissioners.
Absentee ballots completed with the assistance of personal care home or residential care facility in the municipality to voting assistants shall be mailed to the municipal clerk or serve as a personal care voting assistant.
board of election commissioners, except that the munici- 2.
shall comply with the duties for special voting deputies and complete a 2-hour online training, as prescribed by the commission under s.
shall comply with the duties for special voting pal clerk or board of election commissioners may make deputies and complete a 2−hour online training, as pre- arrangements with the administrator of the qualified scribed by the commission under s.
A personal care voting assistant appointed under subd.
A per- retirement home or residential care facility to have an election official, other than a personal care voting assist- sonal care voting assistant appointed under subd.
need not be a qualified elector of the county where the municipality is located but shall be a qualified elector in this state.
need ant, collect the ballots at the qualified retirement home or not be a qualified elector of the county where the munici- pality is located but shall be a qualified elector in this residential care facility and return them to the clerk or state.
No personal care voting assistant appointed under subd.
No personal care voting assistant appointed under board.
subd.
may assist with or facilitate the registration of any resident of a qualified retirement home or residential care facility.
may assist with or facilitate the registration of SECTION 13.
7.03 (1) (d) of the statutes is amended to read:
any resident of a qualified retirement home or residential 7.03 (1) (d) Except as otherwise provided in par.
(a), care facility.
Prior to entering upon his or her duties, each individual appointed to serve as a personal care voting assistant under subd.
Prior to entering upon his or her duties, each indi- special voting deputies appointed under s.
6.875 (4), per- vidual appointed to serve as a personal care voting assist- sonal care voting assistants appointed under s.
6.875 (8), ant under subd.
7.30 (5).
7.30 and other officials and trainees who attend training ses- (5).
In the oath, the individual shall swear that he or she is qualified to act as LRB-4383/1 - 2024 Legislature - 11 - MPG&JK:emw S ECTION 12 ASSEMBLY BILL 570 a personal care voting assistant under this subsection, that he or she has read the statutes governing absentee voting, that he or she understands the proper absentee voting procedure, that he or she understands the penalties under s.
In the oath, the individual shall swear that he or she sions under s.
12.13 for noncompliance with the procedure, and that his or her sacred obligation will be to fully and fairly implement the absentee voting law and seek to have the intent of the electors ascertained.
6.875 (8) (a) 2., 7.15 (1) (e), or 7.25 (5) may also be compensated by the municipality where they is qualified to act as a personal care voting assistant under this subsection, that he or she has read the statutes gov- serve at the option of the municipality.
In addition, the oath shall state that the individual realizes that any error in conducting the voting procedure may result in invalidation of an elector's vote under s.
erning absentee voting, that he or she understands the SECTION 14.
7.51 (2) (e) and that the individual realizes that absentee voting is a privilege and not a constitutional right.
7.30 (3) (a) of the statutes is amended proper absentee voting procedure, that he or she under- to read:
The form of the oath shall be prescribed by the commission.
stands the penalties under s.
4.
12.13 for noncompliance 7.30(3) (a) Not less than 30 days before any election the governing body or board of election commissioners with the procedure, and that his or her sacred obligation will be to fully and fairly implement the absentee voting of any municipality, by resolution, may authorize the law and seek to have the intent of the electors ascertained.
The municipal clerk or board of election commissioners shall appoint at least 2 individuals employed or retained by the qualified retirement home or residential care facility to serve as personal care voting assistants under subd.
municipal clerk or executive director of the board of elec- In addition, the oath shall state that the individual realizes tion commissioners to select and employ tabulators for that any error in conducting the voting procedure may any election.
1.
Such authorization applies to the elections result in invalidation of an elector’s vote under s.
The 2 personal care voting assistants for each qualified retirement home or residential care facility shall be affiliated with different political parties whenever personal care voting assistants representing different parties are available.
7.51 (2) specified in the resolution, and if not specified, applies (e) and that the individual realizes that absentee voting is until the authorization is modified or revoked.
(b) A personal care voting assistant appointed under par.
Each tabu- Wisconsin Act − 4 − 2023 Assembly Bill 570 lator shall sign the official oath and return it to the munic- 7.51 (1) (b) The municipal board of canvassers may ipal clerk before the election.
(a) 1.
recess the canvass under par.
shall complete documentation, on a form prescribed by the commission, that provides the assistant's name, the name of each elector in the qualified retirement home or residential care facility for whom the personal care voting assistant provides assistance, and the type of assistance provided to the elector.
(a) as the result of a natural SECTION 15.
The personal care voting assistant shall also include the information contained on the form on the return envelope.
(c) The form prescribed under par.
(b) shall be a document separate from the absentee ballot certificate and shall be delivered by the administrator of the qualified retirement home or residential care facility to the municipal clerk or board of election - 2024 Legislature - 12 - LRB-4383/1 MPG&JK:emw ASSEMBLY BILL 570 SECTION 12 commissioners.
Absentee ballots completed with the assistance of personal care voting assistants shall be mailed to the municipal clerk or board of election commissioners, except that the municipal clerk or board of election commissioners may make arrangements with the administrator of the qualified retirement home or residential care facility to have an election official, other than a personal care voting assistant, collect the ballots at the qualified retirement home or residential care facility and return them to the clerk or board.
SECTION 13.
7.03 (1) (d) of the statutes is amended to read:
7.03 (1) (d) Except as otherwise provided in par.
(a), special voting deputies appointed under s.
6.875 (4), personal care voting assistants appointed under s.
6.875 (8), and other officials and trainees who attend training sessions under s.
6.875 (8) (a) 2., 7.15 (1) (e), or 7.25 (5) may also be compensated by the municipality where they serve at the option of the municipality.
SECTION 14.
7.30 (3) (a) of the statutes is amended to read:
7.30 (3) (a) Not less than 30 days before any election the governing body or board of election commissioners of any municipality, by resolution, may authorize the municipal clerk or executive director of the board of election commissioners to select and employ tabulators for any election.
Such authorization applies to the elections specified in the resolution, and if not specified, applies until the authorization is modified or revoked.
Each tabulator shall sign the official oath and return it to the municipal clerk before the election.
SECTION 15.
7.30 (7) PROHIBITED EMPLOYMENT.(a) In this subsection:
disaster, if an inspector is ill or otherwise incapacitated, 7.30 (7) PROHIBITED EMPLOYMENT.
1.
(a) In this subsec- or if the physical condition of the canvass location is tion:
“Committee" has the meaning given in s.
unsuitable for continuing the canvass.
11.0101 (6).
The board shall 1.
LRB-4383/1 - 2024 Legislature - 13 - MPG&JK:emw S ECTION 15 ASSEMBLY BILL 570 2.
“Committee” has the meaning given in s.
“Issue advocacy” means communication that provides information about political or social issues and is made to influence the outcome of an election.
11.0101 reconvene as soon as possible to complete the canvass of (6).
all ballots cast and received on or before election day and 2.
“Issue advocacy” means communication that pro- make the return statement.
vides information about political or social issues and is SECTION 19.
7.53 (2) (cm) of the statutes is amended made to influence the outcome of an election.
to read:
“Issue advocacy group” means any organization whose sole or primary purpose is to engage in issue advocacy.
“Issue advocacy group” means any organization 7.53(2) (cm) If one or more temporary vacancies on whose sole or primary purpose is to engage in issue advo- the municipal board of canvassers reduces the number of cacy.
(b) No person who is an employee of any of the following may be appointed as an election official:
members to less than 3, the municipal clerk shall appoint (b) No person who is an employee of any of the fol- a member to fill each vacancy, except in cities of more lowing may be appointed as an election official:
1.
than 500,000 population.
In cities of more than 500,000 1.
2.
population, the executive director of the board of election 2.
A political organization required to register with the federal election commission.
A political organization required to register with commissioners shall serve as a member of the board of the federal election commission.
3.
canvassers to fill a temporary vacancy on that board.
If 3.
SECTION 16.
the municipal board of canvassers recesses as provided SECTION 16.
7.315 (1) (a) of the statutes is amended to read:
7.315 (1) (a) of the statutes is amended under s.
7.315 (1) (a) The commission shall, by rule, prescribe the contents of the training that municipal clerks must provide to inspectors, other than chief inspectors, ando special voting deputies appointed under s.
7.51 (1) (b) because an inspector is ill or other- to read:
6.875 (4), and to personal care voting assistants appointed under s.
wise incapacitated, the municipal clerk or the executive 7.315(1) (a) The commission shall, by rule, prescribe director of the board of election commissioners shall the contents of the training that municipal clerks must immediately appoint an individual to temporarily serve provide to inspectors, other than chief inspectors, and to as a member of the municipal board of canvassers.
6.875 (8).
special voting deputies appointed under s.
SECTION 17.
6.875 (4), and SECTION 20.
7.51 (1) of the statutes is renumbered 7.51 (1) (a) and amended to read:
7.51(1) (a) Immediately after the polls close the inspectors except any inspector appointed under s.
7.30 (1) (b) shall proceed to canvass publicly all votes received at the polling place.
In any municipality where an electronic voting system is used, the municipal governing body or board of election commissioners may provide or authorize the municipal clerk or executive director of the board of election commissioners to provide for the adjournment of the canvass to one or more central counting locations for specified polling places in the manner prescribed in subch.
III of ch.
5.
No central counting location may be used to count votes at a polling place - 2024 Legislature - 14 - LRB-4383/1 MPG&JK:emw ASSEMBLY BILL 570 SECTION 17 where an electronic voting system is not employed.
Thept as provided in par.
(b), the canvass, whether conducted at the polling place or at a central counting location, shall continue without adjournment until the canvass of all ballots cast and received on or before election day is completed and the return statement is made or, in municipalities where absentee ballots are canvassed under s.
7.52, until the canvass of all absentee ballots cast and received on or before election day is completed and the return statement for those ballots is made.
The inspectors shall not permit access to the name of any elector who has obtained a confidential listing under s.
6.47 (2) during the canvass, except as authorized in s.
6.47 (8).
SECTION 18.
7.51 (1) (b) of the statutes is created to read:
7.51 (1) (b) The municipal board of canvassers may recess the canvass under par.
(a) as the result of a natural disaster, if an inspector is ill or otherwise incapacitated, or if the physical condition of the canvass location is unsuitable for continuing the canvass.
The board shall reconvene as soon as possible to complete the canvass of all ballots cast and received on or before election day and make the return statement.
SECTION 19.
7.53 (2) (cm) of the statutes is amended to read:
7.53 (2) (cm) If one or more temporary vacancies on the municipal board of canvassers reduces the number of members to less than 3, the municipal clerk shall appoint a member to fill each vacancy, except in cities of more than 500,000 population.
In cities of more than 500,000 population, the executive director of the board of election commissioners shall serve as a member of the board of canvassers to fill a temporary vacancy on that board.
If the municipal board of canvassers recesses as provided under s.
7.51 (1) (b) because an inspector is ill or otherwise incapacitated, the municipal clerk or the executive director of the board of election LRB-4383/1 - 2024 Legislature - 15 - MPG&JK:emw S ECTION 19 ASSEMBLY BILL 570 commissioners shall immediately appoint an individual to temporarily serve as a member of the municipal board of canvassers.
SECTION 20.
of the statutes is created to read:
of the statutes is created to personal care voting assistants appointed under s.
12.13 (2) (b) 9.
to read:
Intentionally assist or cause the casting or counting of a vote or the receipt of a registration that is invalid for any reason in addition to those specified in subd.
6.875 (8).
12.13(2) (b) 9.
Intentionally assist or cause the cast- SECTION 17.
7.51 (1) of the statutes is renumbered ing or counting of a vote or the receipt of a registration 7.51 (1) (a) and amended to read:
that is invalid for any reason in addition to those specified 7.51 (1) (a) Immediately after the polls close the in subd.
SECTION 21.
inspectors except any inspector appointed under s.
7.30 SECTION 21.
of the statutes is created to read:
of the statutes is created (1) (b) shall proceed to canvass publicly all votes to read:
12.13 (2) (b) 10.
received at the polling place.
Intentionally assist or cause the rejection of or failure to otherwise count a valid vote or the rejection of a valid registration.
In any municipality where 12.13 (2) (b) 10.
SECTION 22.
Intentionally assist or cause the an electronic voting system is used, the municipal gov- rejection of or failure to otherwise count a valid vote or erning body or board of election commissioners may pro- the rejection of a valid registration.
vide or authorize the municipal clerk or executive direc- SECTION 22.
of the statutes is created to read:
of the statutes is created tor of the board of election commissioners to provide for to read:
12.13 (2) (b) 11.
the adjournment of the canvass to one or more central 12.13(2) (b) 11.
Intentionally fail to promptly report a violation under this subsection to the commission and to the district attorney for the county in which the violation occurred.
Intentionally fail to promptly report counting locations for specified polling places in the a violation under this subsection to the commission and manner prescribed in subch.
III of ch.
5.
No central to the district attorney for the county in which the viola- counting location may be used to count votes at a polling tion occurred.
place where an electronic voting system is not employed.
12.13 (3) (zp) of the statutes is created to read:
12.13 (3) (zp) of the statutes is created The Except as provided in par.
12.13 (3) (zp) Assist in counting or tabulating votes at an election unless the person is a resident of this state, is an election official who is trained to the extent provided by law, and has signed the official oath and returned it to the municipal clerk with respect to that election.
(b), the canvass, whether to read:
SECTION 24.
conducted at the polling place or at a central counting 12.13 (3) (zp) Assist in counting or tabulating votes location, shall continue without adjournment until the at an election unless the person is a resident of this state, canvass of all ballots cast and received on or before elec- is an election official who is trained to the extent provided tion day is completed and the return statement is made or, by law, and has signed the official oath and returned it to in municipalities where absentee ballots are canvassed the municipal clerk with respect to that election.
12.13 (3m) of the statutes is created to read:
under s.
12.13 (3m) ABSENTEE VOTING IN CERTAIN RESIDENTIAL CARE FACILITIES AND RETIREMENT HOMES.
7.52, until the canvass of all absentee ballots cast SECTION 24.
(a) No employee of a qualified retirement home, as defined in s.
12.13 (3m) of the statutes is created to and received on or before election day is completed and read:
the return statement for those ballots is made.
The 12.13 (3m) A BSENTEE VOTING IN CERTAIN RESIDEN - inspectors shall not permit access to the name of any elec- TIAL CARE FACILITIES AND RETIREMENT HOMES .
(a) No tor who has obtained a confidential listing under s.
6.47 employee of a qualified retirement home, as defined in s.
(2) during the canvass, except as authorized in s.
6.47 (8).
6.875 (1) (bm), may coerce an occupant of the qualified retirement home or residential care facility to apply for or not apply for an absentee ballot or to cast or refrain from casting a ballot or coerce an occupant to cast a ballot for or against a particular candidate or ballot question.
SECTION 18.
- 2024 Legislature - 16 - LRB-4383/1 MPG&JK:emw ASSEMBLY BILL 570 SECTION24 (b) No employee of a qualified retirement home, as defined in s.
7.51 (1) (b) of the statutes is created to 6.875 (1) (bm), may coerce an occupant of the qualified read:
6.875 (1) (at), or residential care facility, as defined in s.
retirement home or residential care facility to apply for Assembly Bill 570 − 5 − 2023 Wisconsin Act or not apply for an absentee ballot or to cast or refrain to register or not to register to vote.
6.875 (1) (bm), may coerce an occupant of the qualified retirement home or residential care facility to register or not to register to vote.
from casting a ballot or coerce an occupant to cast a ballot S ECTION 25.
SECTION 25.
12.60 (1) (a) of the statutes is amended for or against a particular candidate or ballot question.
12.60 (1) (a) of the statutes is amended to read:
to read:
12.60 (1) (a) Whoever violates s.
(b) No employee of a qualified retirement home, as 12.60 (1) (a) Whoever violates s.
12.09, 12.11, or 12.13 (1), (2) (b) 1.
12.09, 12.11, or defined in s.
6.875 (1) (at), or residential care facility, as 12.13 (1), (2) (b) 1.
or, 9., 10., or 11., (3) (a), (e), (f), (j), (k), (L), (m), (y) or, (z), or (zp), or (3m) is guilty of a Class I felony.
or9., 10., or 11., (3) (a), (e), (f), defined in s.
(END)
6.875 (1) (bm), may coerce an occupant of (j), (k), (L), (m), (y) or, (z), or (zp), or (3m) is guilty of a the qualified retirement home or residential care facility Class I felony.
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Action History

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

  2. Placed on calendar 5-14-2024 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 3-21-2024

  4. Presented to the Governor on 3-18-2024

  5. LRB correction (Assembly Amendment 1)

  6. Report correctly enrolled on 1-19-2024

  7. Received from Senate concurred in

  8. Ordered immediately messaged

  9. Read a third time and concurred in, Ayes 21, Noes 11

  10. Rules suspended to give bill its third reading

  11. Ordered to a third reading

  12. Read a second time

  13. Placed on calendar 1-16-2024 pursuant to Senate Rule 18(1)

  14. Available for scheduling

  15. Report concurrence recommended by Committee on Shared Revenue, Elections and Consumer Protection, Ayes 3, Noes 2

  16. Executive action taken

  17. Public hearing held

  18. Read first time and referred to committee on Shared Revenue, Elections and Consumer Protection

  19. Received from Assembly

  20. Ordered immediately messaged

  21. Read a third time and passed

  22. Rules suspended

  23. Ordered to a third reading

  24. Assembly Amendment 1 adopted

  25. Read a second time

  26. Placed on calendar 11-9-2023 by Committee on Rules

  27. Referred to committee on Rules

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

  29. Report Assembly Amendment 1 adoption recommended by Committee on Campaigns and Elections, Ayes 5, Noes 3

  30. Executive action taken

  31. Fiscal estimate received

  32. Representative O'Connor added as a coauthor

  33. Public hearing held

  34. Assembly Amendment 1 offered by Representative Michalski

  35. Read first time and referred to Committee on Campaigns and Elections

  36. Introduced by Representatives Maxey, Macco, Armstrong, Edming, Michalski, Murphy, Rettinger, Steffen and VanderMeer; cosponsored by Senator Jacque

Sponsors

Sponsorship breakdown

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9 sponsors · 0 co-sponsors · 123 not signed on · 9 voted No

Sponsors (9)

Co-sponsors (0)

None.

Not signed on (123)

123 members have not signed on to this bill.

Show all 123 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCURRENCE

Passed 21 Yea · 11 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3200
Republican 18100
Democrat 0801
Total 211101
% of votes cast 64%33%0%3%
How each member voted (33)
Member Party Vote
BALLWEG — Yea
COWLES — Yea
STROEBEL — Yea
AGARD — Nay
JOHNSON — Nay
Carpenter, Tim Democrat Nay
Hesselbein, Dianne Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Spreitzer, Mark Democrat Nay
Taylor, Sequanna Democrat Not Voting
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Cabral-Guevara, Rachael Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kapenga, Chris Republican Yea
Knodl, Daniel Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Quinn, Romaine Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Tomczyk, Cory Republican Nay
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

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Subjects

public-safety elections
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Frequently asked questions

Who sponsors AB 570?
AB 570 is sponsored by Maxey, Dave (Republican), Macco, Armstrong, David (Republican), Edming, Michalski, Murphy, David (Republican), Rettinger, Steffen, David (Republican), and VanderMeer, Nancy (Republican).
What is the current status of AB 570?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 570?
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