SB 212 — Relating to: defects on absentee ballot certificates, certain kinds of election fraud, and providing a penalty. (FE)

-Date 2022of LEGISLATUREenactment: LRB-2033/1 MPG:wlj/skw/kjf SENATE BILL 212 March 16, 2021 - Introduced by Senators D ARLING, STROEBEL, W IMBERGER, BALLWEG , BRADLEY, F ELZKOWSKI, FEYEN , JACQUE, M ARKLEIN, N ASS and W ANGGAARD, cosponsored by RepresentativesANFELIPPO, DMING, GUNDRUM , KNODL , KRUG, M URPHY, NEYLON, SKOWRONSKI , STEFFEN, VANDERM EER and W ICHGERS.

ReferredSenate toBill Committee212 onDate Elections,of Electionpublication*: Process Reform and Ethics.

WISCONSIN ACT A N A CT to renumber and amend 6.87 (9)(6d) and 12.606.87 (1)(9); (a);

and to createamend 12.1312.60 (2)(1) (b)(a); 3g., 12.13 (2) (b) 3r.

and to create 6.87 (6d) (a) to (L), 6.87 (9) (b), 12.13 (2) (b) 3g., 12.13 (2) (b) 3r.

AnalysisThe bypeople of the Legislativestate Referenceof BureauWisconsin, Erepresented LECTIONin FRAUD6.87(9) Current(a) lawIf prohibits election officials from committing certain kinds of election fraud, including permitting a personmunicipal toclerk registerreceives toan voteabsentee orsenate voteand whenassembly, thedo electionenact officialas knowsfollows: the person is not qualified to do so.

Thisballot billwith providesan furtherimproperly thatcompleted certificate or with no electioncertificate, officialthe clerk may doreturn anythe ofballot to the following:elec- SECTION 1c.

1.6.87 (6d) of the statutes is renumbered tor, inside the sealed envelope when an envelope is 6.87 (6d) (intro.) and amended to read:

Intentionally6.87(6d) assist(intro.) orIf causea certificate is missing the castingaddress orreceived, countingtogether with a new envelope if necessary, of a votewitness, orthe ballot An absentee ballot with no certifi- whenever time permits the receiptelector ofto correct the defect cate or with a registrationcertificate that does not include all of the electionand officialreturn knowsthe isballot invalid.within the period authorized under following may not be counted.:

2.sub.

Intentionally(6), assistand orthe causeclerk ashall votepost ora registrationnotification toof be rejected when the electionSECTION official1d. knows the vote or registration is valid.

3.6.87 (6d) (a) to (L) of the statutes are defect on the elector’s voter information page on the Internet site that is used by electors for original registra- created to read:

Intentionallytion failunder tos. promptly report election fraud committed by another election official.

Under current law, an election official who commits election fraud is generally subject to a fine not to exceed $10,000 or imprisonment not to exceed three years and six months or both.

Under the bill, election officials violating the prohibitions described above are likewise subject to that penalty.

A BSENTEE 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 - 2022 Legislature - 2 - LRB-2033/1 MPG:wlj/skw/kjf SENATE BILL 212 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.

Under this bill, if a municipal clerk receives an absentee ballot with an improperly completed certificate or with no certificate, the clerk is required to return the ballot to the voter and post a notification of the defect on the voter's voter information page on the Internet site that is used by voters for original registration, currently titled MyVote Wisconsin.

The bill also prohibits the municipal clerk from correcting a defect in the certificate.

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:

S ECTION 1.

6.87 (9) of the statutes is amended to read:

6.87 (9) If a municipal clerk receives an absentee ballot with an improperly completed certificate or with no certificate, the clerk may shall 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.

(6) and shall post a notification of the defect on the elector's voter information page on the Internet site that is used by electors for original registration under s.

The municipal clerk may notalso correctattempt ato defect6.87 in(6d) the(a) certificate.The elector’s printed first name.

S(b) ECTIONThe 2.elector’s printed last name.

notify the elector of the defect by other means.

(c) The elector’s house or apartment number.

SECTION 1h.

6.87 (9) (b) of the statutes is created to (d) The elector’s street name.

read:

(e) The elector’s municipality.

6.87 (9) (b) No person other than the elector, or the (f) The elector’s signature.

witness with respect to the witness certificate, may cor- rect a defect in the elector’s absentee ballot certificate.

(g) The witness’s printed first name.