Wisconsin 2021-2022 Regular Session Status: To Executive 2 R cosponsors

SB 935 — Relating to: certain kinds of election fraud, private resources and contracts for election administration, who may perform tasks related to election administration, 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 Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 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.

This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

240 added · 565 removed

Plain-language change summary

The updated version of Senate Bill 935 includes provisions that clarify the requirements for absentee ballot certificates, specifically by ensuring all necessary information is included for ballots to be counted. It also allows employees of residential care facilities to assist with voting during health emergencies. These changes are important because they aim to improve the integrity of the election process and provide support for individuals who may need assistance while voting, particularly during crises.

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- 2022 LEGISLATURE LRB-5269/1 MPG&JK:skw&klm SENATE BILL 935 February 3, 2022 - Introduced by Senators ERNIER, COWLES, DARLING, STROEBEL, F ELZKOWSKI and M ARKLEIN, cosponsored by Representatives M ACCO, A RMSTRONG , EDMING, GUNDRUM , KNODL, KRUG, KUGLITSCH, MAGNAFICI, MOSES, M URPHY , MURSAU, PENTERMAN , CHRAA and SPIROS.
Date of enactment:
Referred to Committee on Elections, Election Process Reform and Ethics.
Senate Bill 935 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), 12.085, 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 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), 12.085, 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;relating to:
relating to:
certain kinds of election fraud, private resources and contracts for election administration, who may perform tasks related to election administration, defects on absentee ballot certificates, returning absentee bal- lots 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, private resources and contracts for election administration, who may perform tasks related to election administration, 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 - 2022 Legislature - 2 - LRB-5269/1 MPG&JK:skw&klm SENATE BILL 935 care voting assistant during a public health emergency or an incident of infectious disease, and providing a penalty.
The people of the state of Wisconsin, represented in providing proof of identification under sub.
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 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.
(4) (b) 2.
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.
or 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.
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 LRB-5269/1 - 2022 Legislature - 3 - MPG&JK:skw&klm SENATE BILL 935 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.
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 within 60 days preceding the election for which the deputies are appointed or the Department of Health Services or the federal Centers for Medicare or Medicaid Services recommends that the family members of the occupants of a home or facility be denied access to the home or facility.
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.
The administrator of the home or facility may, upon the request of a relative of an occupant of the home or facility notify the relative of the time or times at which special voting deputies will conduct absentee voting at the home or facility.
Current law also requires that the visits may 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.
This bill also requires the administrator to provide notice of the dates and times when the deputies or absentee voting assistants will be assisting voters at the home or facility to the relatives for whom the home or facility has contact information.
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.
- 2022 Legislature - 4 - LRB-5269/1 MPG&JK:skw&klm SENATE BILL 935 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.
U SE OF PRIVATE RESOURCES FOR ELECTION ADMINISTRATION Under the bill, no official or agent of a state agency, county, city, village, or town may apply for or accept any donation or grant of moneys, equipment, materials, or personnel from an individual or nongovernmental entity for purposes of election administration, except as expressly authorized under the statutes relating to elections.
Additionally, the bill provides that no official or agent of a state agency, county, city, village, or town may enter into a contract related to election administration that includes any of the following:
1.
Any requirement governing election administration.
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2.
The transfer of any duty or power related to election administration to a person not having that duty or power under Wisconsin law.
Under the bill, whoever violates one of the prohibitions described above is guilty of a Class I felony, the penalty for which is a fine not to exceed $10,000 or imprisonment not to exceed three years and six months, or both.
The bill also makes it a Class I felony for any person to 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.
Additionally, under the bill, it is a Class I felony for any individual other than an election official or a vendor of an electronic voting system to perform any task in election administration.
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.
Intentionally fail to promptly report election fraud committed by another election official.
The certificate shall include a distinct field for each SECTION 1.
Under the bill, election officials violating the prohibitions described above are subject to a Class I felony.
6.87 (2) (intro.) of the statutes is amended item required to be entered under sub.
LRB-5269/1 - 2022 Legislature - 5 - MPG&JK:skw&klm SENATE BILL 935 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 municipal clerk with the completed ballot so that it is delivered to the polling place no later than 8 p.m.
(6d) and shall be to read:
on election day.
in substantially the following form:
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 Internet site 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 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:
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.
- 2022 Legislature - 6 - LRB-5269/1 MPG&JK:skw&klm SENATE BILL 935 2.
A political organization required to register with the Federal Elections 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:
(3) (d), the municipal clerk shall place the ballot in an unsealed envelope furnished by the clerk.
(3) S ECTION 2.
The envelope shall have the name, official title and post-office address of the clerk upon its face.
6.87 (6d) of the statutes is renumbered (d), the municipal clerk shall place the ballot in an 6.87 (6d) (intro.) and amended to read:
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.
unsealed envelope furnished by the clerk.
6.86 (1) (ar), the elector presented proof of identification to the clerk and the clerk verified the proof presented.
The envelope 6.87(6d) (intro.) If a certificate is missing the address shall have the name, official title and post−office address of a witness, the ballot An absentee ballot with no certifi- cate or with a certificate that does not include all of the of the clerk upon its face.
The LRB-5269/1 - 2022 Legislature - 7 - MPG&JK:skw&klm SECTION 1 SENATE BILL 935 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.
The other side of the envelope shall have a printed certificate which shall include a space following may not be counted.:
6.10 or is exempted from providing proof of identification under sub.
for the municipal clerk or deputy clerk to enter his or her S ECTION 3.
(4) (b) 2.
6.87 (6d) (a) to (L) of the statutes are cre- initials indicating that if the absentee elector voted in per- ated to read:
or 3.
son under s.
The certificate shall include a distinct field for each item required to be entered under sub.
6.86 (1) (ar), the elector presented proof of 6.87 (6d) (a) The elector’s printed first name.
(6d) and shall be in substantially the following form:
identification to the clerk and the clerk verified the proof (b) The elector’s printed last name.
SECTION 2.
presented.
6.87 (6d) of the statutes is renumbered 6.87 (6d) (intro.) and amended to read:
The certificate shall also include a space for (c) The elector’s house or apartment number.
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.:
the municipal clerk or deputy clerk to enter his or her ini- (d) The elector’s street name.
SECTION 3.
tials indicating that the elector is exempt from providing (e) The elector’s municipality.
6.87 (6d) (a) to (L) of the statutes are created to read:
proof of identification because the individual is a military (f) The elector’s signature.
6.87 (6d) (a) The elector's printed first name.
elector or an overseas elector who does not qualify as a (g) The witness’s printed first name.
(b) The elector's printed last name.
resident of this state under s.
(c) The elector's house or apartment number.
6.10 or is exempted from (h) The witness’s printed last name.
(d) The elector's street name.
* Section 991.11,ISCONSINSTATUTES:
(e) The elector's municipality.
Effective date of acts.
(f) The elector'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 − 2021 Senate Bill 935 (i) The witness’s house or apartment number.
(g) The witness's printed first name.
ease, if the administrator of the home or facility has (j) The witness’s street name.
(h) The witness's printed last name.
signed a verifiable statement documenting the incident (k) The witness’s municipality.
(i) The witness's house or apartment number.
and filed the statement with the municipal clerk or board (L) The witness’s signature.
(j) The witness's street name.
of election commissioners.
(k) The witness's municipality.
During a public health emer- SECTION 4.
(L) The witness's signature.
6.87 (9) of the statutes is renumbered gency or an incident of infectious disease, if a qualified 6.87 (9) (a) and amended to read:
- 2022 Legislature - 8 - LRB-5269/1 MPG&JK:skw&klm SENATE BILL 935 SECTION 4 SECTION 4.
retirement home or residential care facility is closed to 6.87(9) (a) If a municipal clerk receives an absentee the public, the home or facility shall allow a personal care ballot with an improperly completed certificate or with voting assistant appointed under sub.
6.87 (9) of the statutes is renumbered 6.87 (9) (a) and amended to read:
(8) to supervise the no certificate, the clerk may return the ballot to the elec- absentee voting procedure used by occupants of the home tor, inside the sealed envelope when an envelope is or facility.
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.
received, together with a new envelope if necessary, S ECTION 7.
(6), and the clerk 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.
6.875 (4) (b) of the statutes is renumbered whenever time permits the elector to correct the defect 6.875 (4) (b) 1.
6.30 (5).
and return the ballot within the period authorized under S ECTION 8.
The clerk may also attempt to notify the elector of the defect by other means.
SECTION 5.
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 or facility for the purpose of supervising absentee voting procedure by occupants of LRB-5269/1 - 2022 Legislature - 9 - MPG&JK:skw&klm SECTION 6 SENATE BILL 935 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 home or facility is closed to the public during a public health emergency and except if the home or facility is closed to the public during an incident of infectious disease, if the administrator of the home or 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 home or facility shall allow a personal care voting assistant appointed under sub.
(8) to supervise the absentee voting procedure used by occupants of the home or 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:
of the statutes is created sub.
6.875 (4) (b) 2.
(6), and the clerk shall post a notification of the to read:
No individual who is employed or retained at a qualified retirement home or residential care facility in the municipality who is not a personal care voting assistant appointed under sub.
defect on the elector’s voter information page on the 6.875 (4) (b) 2.
No individual who is employed or Internet site that is used by electors for original registra- retained at a qualified retirement home or residential care tion under s.
6.30 (5).
The clerk may also attempt to facility in the municipality who is not a personal care vot- notify the elector of the defect by other means.
ing assistant appointed under sub.
may assist an occupant of the home or facility in completing the occupant's absentee ballot, but may assist only in distributing the absentee ballots in their unopened envelopes to the occupants who requested the ballots.
may assist an SECTION 5.
SECTION 9.
6.87 (9) (b) of the statutes is created to occupant of the home or facility in completing the occu- read:
6.875 (6) (a) of the statutes is amended to read:
pant’s absentee ballot, but may assist only in distributing 6.87 (9) (b) No person other than the elector, or the the absentee ballots in their unopened envelopes to the witness with respect to the witness certificate, may cor- occupants who requested the ballots.
- 2022 Legislature - 10 - LRB-5269/1 MPG&JK:skw&klm SENATE BILL 935 SECTION 9 6.875 (6) (a) Special voting deputies in each municipality shall, not later than 5 p.m.
rect a defect in the elector’s absentee ballot certificate.
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.
S ECTION 9.
The time may be no earlier than the 4th Monday preceding the election and no later than 5 p.m.
6.875 (6) (a) of the statutes is amended Whoever violates this paragraph is guilty of a misde- to read:
on the Monday 6th working day preceding the election.
meanor punishable by a fine not to exceed $500 or 6.875(6) (a) Special voting deputies in each munici- imprisonment not to exceed 30 days, or both.
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.
pality shall, not later than 5 p.m.
19.84 (1) (b) at least 5 working days in advance of each visit, indicating the date and time of the visit.
on the 6th 11th working SECTION 6.
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.
6.875 (4) (a) of the statutes is amended day preceding an election, arrange one or more conve- to read:
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.
nient times with the administrator of each qualified 6.875 (4) (a) For the purpose of absentee voting in retirement home and residential care facility in the qualified retirement homes and residential care facilities, municipality that the deputies are scheduled to visit.
A municipal clerk whose municipality does not maintain an Internet site need not comply with the Internet posting requirement.
The the municipal clerk or board of election commissioners time may be no earlier than the 4th Monday preceding the of each municipality in which one or more qualified election and no later than 5 p.m.
At the designated time, 2 deputies appointed under sub.
on the Monday 6th work- retirement homes or residential care facilities are located ing day preceding the election.
The municipal clerk shall shall appoint at least 2 special voting deputies for the give notice of each visit by special voting deputies to a municipality.
Except as provided in par.
(am), upon qualified retirement home or residential care facility in application under s.
6.86 (1), (2), or (2m) by one or more the same manner that notices of public meetings are pro- qualified electors who are occupants of a home or facility, vided by presiding officers under s.
19.84 (1) (b) at least the municipal clerk or board of election commissioners 5 working days in advance of each visit, indicating the of the municipality in which the home or facility is date and time of the visit.
The municipal clerk also shall located shall dispatch 2 special voting deputies to visit the post a notice at the home or facility and on the Internet home or facility for the purpose of supervising absentee indicating the date and time that absentee voting will take voting procedure by occupants of the home or facility.
place at that home or facility.
The notice shall be posted The clerk or board of election commissioners shall main- as soon as practicable after arranging the visit but in no tain a list, available to the public upon request, of each case less than 5 working days before the visit.
A munici- home or facility where special voting deputies are dis- pal clerk whose municipality does not maintain an Inter- patched.
The list shall include the date and time the net site need not comply with the Internet posting deputies intend to visit each home or facility.
The 2 requirement.
At the designated time, 2 deputies deputies designated to visit each qualified retirement appointed under sub.
SECTION 10.
home and residential care facility shall be affiliated with S ECTION 10.
of the statutes is amended to read:
of the statutes is different political parties whenever deputies representing amended to read:
6.875 (6) (c) 2.
different parties are available.
Upon the request of a relative of an occupant of a qualified retirement home or residential care facility, the administrator of the home or facility may notify the relative of the time or times at which special voting deputies will conduct absentee voting at the home or facility and permit the The administrator of a qualified retirement home or residential care facility shall provide notice of the dates and times when the deputies or absentee voting assistants appointed under sub.
No qualified retirement 6.875 (6) (c) 2.
(8) will be facilitating absentee voting at the home or facility to each relative of LRB-5269/1 - 2022 Legislature - 11 - MPG&JK:skw&klm S ECTION 10 SENATE BILL 935 an occupant for whom the home or facility has contact information.
Upon the request of a relative of an home or residential care facility may deny entry to a spe- occupant of a qualified retirement home or residential cial voting deputy appointed under this paragraph except care facility, the administrator of the home or facility may if the home or facility is closed to the public during a pub- notify the relative of the time or times at which special lic health emergency and except if the home or facility is voting deputies will conduct absentee voting at the home closed to the public during an incident of infectious dis- or facility and permit the The administrator of a qualified Senate Bill 935 − 3 − 2021 Wisconsin Act retirement home or residential care facility shall provide that any error in conducting the voting procedure may notice of the dates and times when the deputies or absen- result in invalidation of an elector’s vote under s.
Theve to may be present in the room where the voting is conducted.
7.51 (2) tee voting assistants appointed under sub.
SECTION 11.
(8) will be (e) and that the individual realizes that absentee voting is facilitating absentee voting at the home or facility to each a privilege and not a constitutional right.
6.875 (6) (e) of the statutes is renumbered 6.875 (6) (e) 1.
The form of the relative of an occupant for whom the home or facility has oath shall be prescribed by the commission.
SECTION 12.
contact information.
Therelative to may be present in the 4.
The municipal clerk or board of election commis- room where the voting is conducted.
sioners shall appoint at least 2 individuals employed or SECTION 11.
6.875 (6) (e) of the statutes is renum- retained by the qualified retirement home or residential bered 6.875 (6) (e) 1.
care facility to serve as personal care voting assistants SECTION 12.
of the statutes is created to read:
of the statutes is created under subd.
6.875 (6) (e) 2.
1.
If a qualified elector is not able to cast his or her ballot on 2 separate visits by the deputies to the home or facility because access to the home or 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.
The 2 personal care voting assistants for to read:
on the Friday preceding the election.
each home or facility shall be affiliated with different 6.875(6) (e) 2.
SECTION 13.
If a qualified elector is not able to cast political parties whenever personal care voting assistants his or her ballot on 2 separate visits by the deputies to the representing different parties are available.
6.875 (8) of the statutes is created to read:
home or facility because access to the home or facility is (b) A personal care voting assistant appointed under restricted due to a public health emergency or an incident par.
(a) 1.
shall complete documentation, on a form pre- of infectious disease, the deputies shall so inform the scribed by the commission, that provides the assistant’s municipal clerk or executive director of the board of elec- name, the name of each elector in the qualified retirement tion commissioners, who may then send the ballot to the home or residential care facility for whom the personal elector no later than 5 p.m.
on the Friday preceding the care voting assistant provides assistance, and the type of election.
assistance provided to the elector.
The personal care vot- SECTION 13.
6.875 (8) of the statutes is created to ing assistant shall also include the information contained read:
on the form on the return envelope.
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.
For an election held during a public (c) The form prescribed under par.(b)shallbeadocu- health emergency or an incident of infectious disease that ment separate from the absentee ballot certificate and results in restricting access to a qualified retirement home shall be delivered by the administrator of the home or or residential care facility, the municipal clerk or board facility to the municipal clerk or board of election com- of election commissioners of each municipality in which missioners.
2.
Absentee ballots completed with the assist- one or more qualified retirement homes or residential ance of personal care voting assistants shall be mailed to care facilities are located may appoint any individual the municipal clerk or board of election commissioners, who is employed or retained at a qualified retirement except that the municipal clerk or board of election com- home or residential care facility in the municipality to missioners may make arrangements with the administra- serve as a personal care voting assistant.
Personal care voting assistants appointed under subd.
tor of the home or facility to have an election official, 2.
Personal care voting assistants appointed under other than a personal care voting assistant, collect the bal- subd.
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 lots at the home or facility and return them to the clerk or deputies and complete a 2−hour online training, as pre- board.
scribed by the commission under s.
A personal care voting assistant appointed under subd.
A per- SECTION 14.
7.03 (1) (d) of the statutes is amended 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 to read:
No personal care voting assistant appointed under subd.
not be a qualified elector of the county where the munici- 7.03 (1) (d) Except as otherwise provided in par.
(a), pality is located, but shall be a qualified elector in this special voting deputies appointed under s.
6.875 (4), per- state.
No personal care voting assistant appointed under sonal care voting assistants appointed under s.
6.875 (8), 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 and other officials and trainees who attend training ses- any resident of a qualified retirement home or residential sions under s.
- 2022 Legislature - 12 - LRB-5269/1 MPG&JK:skw&klm SENATE BILL 935 SECTION 13 3.
6.875 (8) (a) 2.,.15 (1) (e), or 7.25 (5) may care facility.
Prior to entering upon his or her duties, each individual appointed to serve as a personal care voting assistant under subd.
also be compensated by the municipality where they 3.
Prior to entering upon his or her duties, each indi- serve at the option of the municipality.
vidual appointed to serve as a personal care voting assist- SECTION 15.
7.30 (3) (a) of the statutes is amended ant under subd.
7.30 (5).
7.30 to read:
In the oath, the individual shall swear that he or she is qualified to act as 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.
(5).
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.
In the oath, the individual shall swear that he or she 7.30(3) (a) Not less than 30 days before any election is qualified to act as a personal care voting assistant under the governing body or board of election commissioners this subsection, that he or she has read the statutes gov- of any municipality, by resolution, may authorize the erning absentee voting, that he or she understands the municipal clerk or executive director of the board of elec- proper absentee voting procedure, that he or she under- tion commissioners to select and employ tabulators for stands the penalties under s.
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.
12.13 for noncompliance any election.
7.51 (2) (e) and that the individual realizes that absentee voting is a privilege and not a constitutional right.
Such authorization applies to the elections with the procedure, and that his or her sacred obligation specified in the resolution, and if not specified, applies will be to fully and fairly implement the absentee voting until the authorization is modified or revoked.
The form of the oath shall be prescribed by the commission.
Each tabu- law and seek to have the intent of the electors ascertained.
4.
lator shall sign the official oath and return it to the munic- In addition, the oath shall state that the individual realizes ipal clerk before the election.
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.
Wisconsin Act − 4 − 2021 Senate Bill 935 SECTION 16.
1.
The 2 personal care voting assistants for each home or facility shall be affiliated with different political parties whenever personal care voting assistants representing different parties are available.
(b) A personal care voting assistant appointed under par.
(a) 1.
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.
The personal care voting assistant shall also include the information contained on the form on the return envelope.
LRB-5269/1 - 2022 Legislature - 13 - MPG&JK:skw&klm S ECTION 13 SENATE BILL 935 (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 home or facility to the municipal clerk or board of election 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 home or facility to have an election official, other than a personal care voting assistant, collect the ballots at the home or facility and return them to the clerk or board.
SECTION 14.
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 15.
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 16.
7.30 (7) PROHIBITED EMPLOYMENT.(a) In this subsection:
disaster, if an inspector is ill or otherwise incapacitated, 7.30 (7) PROHIBITED EMPLOYMENT.
- 2022 Legislature - 14 - LRB-5269/1 MPG&JK:skw&klm SENATE BILL 935 SECTION 16 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.
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 20.
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.
A political organization required to register with the federal elections commission.
A political organization required to register with population, the executive director of the board of election commissioners shall serve as a member of the board of the federal elections commission.
3.
canvassers to fill a temporary vacancy on that board.
If 3.
SECTION 17.
the municipal board of canvassers recesses as provided SECTION 17.
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.
7.315(1) (a) The commission shall, by rule, prescribe wise incapacitated, the municipal clerk or the executive the contents of the training that municipal clerks must director of the board of election commissioners shall 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 18.
6.875 (4), and SECTION 21.
7.51 (1) of the statutes is renumbered 7.51 (1) (a) and amended to read:
7.51(1) (a) Canvass procedure.
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 LRB-5269/1 - 2022 Legislature - 15 - MPG&JK:skw&klm S ECTION 18 SENATE BILL 935 of ch.
5.
No central counting location may be used to count votes at a polling place where an electronic voting system is not employed.
The Except 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 19.
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 20.
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 - 2022 Legislature - 16 - LRB-5269/1 MPG&JK:skw&klm SENATE BILL 935 S ECTION 20 incapacitated, the municipal clerk or the executive director of the board of election commissioners shall immediately appoint an individual to temporarily serve as a member of the municipal board of canvassers.
S ECTION 21.
12.085 Private resources for election administration.
to personal care voting assistants appointed under s.
12.085 Private resources for election administra- 6.875 (8).
SECTION 18.
7.51 (1) of the statutes is renumbered tion.
7.51 (1) (a) and amended to read:
(b) “Private resources” means moneys, equipment, materials, or personnel provided by any individual or nongovernmental entity, but does not include employees receiving paid leave to act as tabulators or election officials.
7.51 (1) (a) Immediately after the polls close the (b) “Private resources” means moneys, equipment, inspectors except any inspector appointed under s.
(c) “State agency” means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law.
7.30 materials, or personnel provided by any individual or (1) (b) shall proceed to canvass publicly all votes received at the polling place.
(2) B AN ON PRIVATE RESOURCES FOR ELECTION ADMINISTRATIO(a) No official or agent of a state agency, county, or municipality may apply for or accept any donation or grant of private resources for purposes of election administration, except as expressly authorized under chs.
In any municipality where nongovernmental entity, but does not include employees an electronic voting system is used, the municipal gov- receiving paid leave to act as tabulators or election offi- cials.
erning body or board of election commissioners may pro- (c) “State agency” means an association, authority, vide or authorize the municipal clerk or executive direc- board, department, commission, independent agency, tor of the board of election commissioners to provide for the adjournment of the canvass to one or more central institution, office, society, or other body in state govern- counting locations for specified polling places in the ment created or authorized to be created by the constitu- manner prescribed in subch.
III of ch.
5.
No central tion or any law.
(2) BAN ON PRIVATE RESOURCES FOR ELECTION ADMIN - counting location may be used to count votes at a polling ISTRATION.
(a) No official or agent of a state agency, place where an electronic voting system is not employed.
The Except as provided in par.
(b), the canvass, whether county, or municipality may apply for or accept any conducted at the polling place or at a central counting donation or grant of private resources for purposes of location, shall continue without adjournment until the election administration, except as expressly authorized canvass of all ballots cast and received on or before elec- under chs.
(b) No official or agent of a state agency, county, or municipality may enter into a contract related to election administration that includes any of the following:
(b) No official or agent of a state agency, county, or tion day is completed and the return statement is made or, in municipalities where absentee ballots are canvassed municipality may enter into a contract related to election under s.
1.
7.52, until the canvass of all absentee ballots cast administration that includes any of the following:
Any requirement governing election administration.
and received on or before election day is completed and 1.
2.
Any requirement governing election administra- the return statement for those ballots is made.
The transfer of any duty or power related to election administration to a person not having that duty or power under the laws of this state.
The tion.
LRB-5269/1 - 2022 Legislature - 17 - MPG&JK:skw&klm S ECTION 21 SENATE BILL 935 (c) No individual other than an election official or a vendor of an electronic voting system that is approved under s.
inspectors shall not permit access to the name of any elec- 2.
5.91 may perform any task in election administration.
The transfer of any duty or power related to elec- tor who has obtained a confidential listing under s.
SECTION 22.
6.47 tion administration to a person not having that duty or (2) during the canvass, except as authorized in s.
6.47 (8).
power under the laws of this state.
SECTION 19.
7.51 (1) (b) of the statutes is created to (c) No individual other than an election official or a read:
vendor of an electronic voting system that is approved 7.51 (1) (b) The municipal board of canvassers may under s.
5.91 may perform any task in election adminis- recess the canvass under par.
(a) as the result of a natural tration.
Senate Bill 935 − 5 − 2021 Wisconsin Act SECTION 22.
of the statutes is created to read:
of the statutes is created by law, and has signed the official oath and returned it to to read:
12.13 (2) (b) 9.
the municipal clerk with respect to that election.
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.
12.13(2) (b) 9.
Intentionally assist or cause the cast- S ECTION 26.
12.13 (3m) of the statutes is created to ing or counting of a vote or the receipt of a registration read:
that is invalid for any reason in addition to those specified 12.13 (3m) A BSENTEE VOTING IN CERTAIN RESIDEN - in subd.
SECTION 23.
TIAL CARE FACILITIES AND RETIREMENT HOMES .
(a) No SECTION 23.
of the statutes is created to read:
of the statutes is created employee of a qualified retirement home, as defined in s.
12.13 (2) (b) 10.
Intentionally assist or cause the rejection of or failure to otherwise count a valid vote or the rejection of a valid registration.
SECTION 24.
12.13 (2) (b) 11.
of the statutes is created to read:
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.
SECTION 25.
12.13 (3) (zp) of the statutes is created to read:
12.13 (3) (zp) Assist in counting or tabulating votes at an election unless the person is a resident of this state, 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.
SECTION 26.
12.13 (3m) of the statutes is created to read:
12.13 (3m) ABSENTEE VOTING IN CERTAIN RESIDENTIAL CARE FACILITIES AND RETIREMENT HOMES.
(a) No employee of a qualified retirement home, as defined in s.
6.875 (1) (bm), may coerce an occupant of the home or facility to apply for or not apply for an absentee ballot or - 2022 Legislature - 18 - LRB-5269/1 MPG&JK:skw&klm SENATE BILL 935 S ECTION26 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.
to read:
(b) No employee of a qualified retirement home, as defined in s.
6.875 (1) (bm), may coerce an occupant of the home or 12.13 (2) (b) 10.
6.875 (1) (at), or residential care facility, as defined in s.
Intentionally assist or cause the rejection of or failure to otherwise count a valid vote or facility to apply for or not apply for an absentee ballot or the rejection of a valid registration.
to cast or refrain from casting a ballot or coerce an occu- SECTION 24.
12.13 (2) (b) 11.
of the statutes is created pant to cast a ballot for or against a particular candidate or ballot question.
to read:
(b) No employee of a qualified retirement home, as 12.13(2) (b) 11.
Intentionally fail to promptly report defined in s.
6.875 (1) (at), or residential care facility, as a violation under this subsection to the commission and to the district attorney for the county in which the viola- defined in s.
SECTION 27.
tion occurred.
12.60 (1) (a) of the statutes is amended to read:
S ECTION 27.
12.60 (1) (a) of the statutes is amended SECTION 25.
12.13 (3) (zp) of the statutes is created to read:
to read:
12.085, 12.09, 12.11 or 12.13 (1), (2) (b) 1.
12.085, 12.09, 12.13 (3) (zp) Assist in counting or tabulating votes 12.11 or 12.13 (1), (2) (b) 1.
or, 9., 10., or 11., or (3) (a), (e), (f), (j), (k), (L), (m), (y) or, (z), or (zp), or (3m) is guilty of a Class I felony.
or9., 10., or11., (3) (a), at an election unless the person is a resident of this state, (e), (f), (j), (k), (L), (m), (y) or, (z), or (zp), or (3m) is an election official who is trained to the extent provided guilty of a Class I felony.
(END)
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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 5-17-2022 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 4-8-2022

  4. Presented to the Governor on 4-5-2022 by directive of the Majority Leader

  5. Report correctly enrolled

  6. LRB correction

  7. Fiscal estimate received

  8. Received from Assembly concurred in

  9. Ordered immediately messaged

  10. Representative Steffen added as a cosponsor

  11. Read a third time and concurred in, Ayes 56, Noes 38, Paired 4

  12. Rules suspended

  13. Ordered to a third reading

  14. Read a second time

  15. Made a special order of business at 8:06 AM on 2-24-2022 pursuant to Assembly Resolution 30

  16. Read first time and referred to committee on Rules

  17. Received from Senate

  18. Ordered immediately messaged

  19. Read a third time and passed, Ayes 19, Noes 14

  20. Rules suspended

  21. Ordered to a third reading

  22. Senate Amendment 1 rejected, Ayes 21, Noes 12

  23. Read a second time

  24. Senate Amendment 1 offered by Senators Carpenter, Smith, Agard and Ringhand

  25. Placed on calendar 2-22-2022 pursuant to Senate Rule 18(1)

  26. Fiscal estimate requested from the Legislative Fiscal Bureau, by the committee on Senate Organization, pursuant to Senate Rule 96 (1), Ayes 5, Noes 0

  27. Available for scheduling

  28. Report passage recommended by Committee on Elections, Election Process Reform and Ethics, Ayes 3, Noes 2

  29. Executive action taken

  30. Public hearing held

  31. Senator Ballweg added as a coauthor

  32. Representative Allen added as a cosponsor

  33. Read first time and referred to Committee on Elections, Election Process Reform and Ethics

  34. Introduced by Senators Bernier, Cowles, Darling, Stroebel, Felzkowski and Marklein; cosponsored by Representatives Macco, Armstrong, Edming, Gundrum, Knodl, Krug, Kuglitsch, Magnafici, Moses, Murphy, Mursau, Penterman, Schraa and Spiros

Sponsors

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 126 not signed on · 28 voted No

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (126)

126 members have not signed on to this bill.

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"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 56 Yea · 38 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 212000
Republican 35200
Democrat 01600
Total 563800
% of votes cast 60%40%0%0%
How each member voted (94)
Member Party Vote
CONLEY — Nay
CONSIDINE — Nay
EDMING — Yea
GOYKE — Nay
HEBL — Nay
HINTZ — Nay
HORLACHER — Yea
KATSMA — Yea
KERKMAN — Yea
KUGLITSCH — Yea
LOUDENBECK — Yea
MACCO — Yea
MAGNAFICI — Yea
MEYERS — Nay
MILROY — Nay
MOORE OMOKUN — Nay
MYERS — Nay
OHNSTAD — Nay
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
POPE — Nay
RAMTHUN — Nay
RIEMER — Nay
ROZAR — Yea
SANFELIPPO — Yea
BALDEH — Nay
BOWEN — Nay
BRANDTJEN — Nay
BROSTOFF — Nay
CABRAL-GUEVA — Yea
CABRERA — Nay
SCHRAA — Yea
SHELTON — Nay
SKOWRONSKI — Yea
STEINEKE — Yea
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Billings, Jill Democrat Nay
Doyle, Steve Democrat Nay
Drake, Dora Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hesselbein, Dianne Democrat Nay
Hong, Francesca Democrat Nay
McGuire, Tip Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Snodgrass, Lee Democrat Nay
Spreitzer, Mark Democrat Nay
Subeck, Lisa Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Gundrum, Rick Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Rodriguez, Jessie Republican Nay
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Nay
Zimmerman, Shannon Republican Yea

Official roll call →

PASSAGE

Passed 19 Yea · 14 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8400
Republican 11200
Democrat 0800
Total 191400
% of votes cast 58%42%0%0%
How each member voted (33)
Member Party Vote
BALLWEG — Yea
BERNIER — Yea
STROEBEL — Yea
COWLES — Yea
KOOYENGA — Yea
DARLING — Yea
PETROWSKI — Yea
ROTH — Yea
AGARD — Nay
BEWLEY — Nay
ERPENBACH — Nay
RINGHAND — Nay
Carpenter, Tim Democrat Nay
Johnson, LaTonya Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Taylor, Sequanna Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Nay
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Nay
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

Subjects

public-safety elections
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Frequently asked questions

Who sponsors SB 935?
SB 935 is sponsored by Marklein, Howard (Republican), Felzkowski, Mary (Republican), Stroebel, Darling, Cowles, and Bernier.
What is the current status of SB 935?
This bill died with 2021-2022 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 SB 935?
Track SB 935 free on One Click Politics — get push/email alerts when it moves.

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