Wisconsin 2023-2024 Regular Session Status: To Executive 9 R cosponsors

AB 567 — Relating to: transmitting and canvassing absentee ballots, use of central counting locations, election night reporting, whistleblower protection for municipal clerks, notifications and verifications concerning citizenship status, court determinations of incompetency and ineligibility to vote, and providing a penalty. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

  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.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

Bill Text

What changed in the latest version

716 added · 592 removed

Plain-language change summary

The recent amendments to Assembly Bill 567 enhance the procedures for handling absentee ballots, particularly emphasizing transparency and timely reporting. Key changes include adjustments to the canvassing schedule, which now specifies that municipal clerks will begin counting absentee ballots at 7 a.m. on the day before the election, aligning their activity with specified reporting times throughout election day. This matters because it aims to ensure a more streamlined and transparent process, potentially increasing public confidence in the integrity of election results. Additionally, the bill introduces new whistleblower protections for municipal clerks, underscoring the importance of safeguarding election officials who may report misconduct.

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- 2024 LEGISLATURE LRBs0166/1 MPG&JK:skw ASSEMBLY SUBSTITUTE AMENDMENT 2, TO ASSEMBLY BILL 567 November 7, 2023 - Offered by COMMITTEE ON CAMPAIGNS AND ELECTIONS.
- 2024 LEGISLATURE LRB-4402/2 MPG/SWB/JK:cdc ASSEMBLY BILL 567 October 26, 2023 - Introduced by Representatives TUSLER, MAXEY, ARMSTRONG , D ITTRIC, DONOVAN , KITCHENS, MICHALSKI, MURPHY, O'CONNOR , RETTINGER, ROZAR , SCHRAA and S TEFFEN , cosponsored by Senator C ABRAL-G UEVARA.
Referred to Committee on Campaigns and Elections.
to amend 5.05 (12), 5.84 (1), 5.84 (2), 5.85 (1), 5.87 (1), 5.91 (17), 6.15 (4) (a), 6.15 (4) (b), 6.33 (1), 6.86 (1) (b), 6.87 (6), 6.88 (1), 6.88 (2), 7.37 (12), 7.51 (1), 7.52 (2), 7.52 (3) (a), 7.52 (4) (a), 7.52 (9), 12.60 (1) (a) and 54.25 (2) (c) 1.
to amend 5.05 (12), 5.056, 5.84 (1), 5.84 (2), 5.85 (1), 5.87 (1), 5.91 (17), 6.15 (4) (a), 6.15 (4) (b), 6.29 (2) (am), 6.55 (2) (cs), 6.56 (3m), 6.79 (2) (dm), 6.86 (1) (b), 6.87 (6), 6.88 (1), 6.88 (2), 7.15 (1) (cm), 7.37 (12), 7.51 (1), 7.52 (2), 7.52 (3) (a), 7.52 (4) (a), 7.52 (9) and 54.25 (2) (c) 1.
and to create 5.057, 6.88 (4), 7.15 (16), 7.52 (1) (d) to (h), 7.52 (10) and 7.52 (11) of the statutes;
and to create 5.057, 6.88 (4), 7.15 (16), 7.52 (1) (d) to (h), 7.52 (10), 7.52 (11) and 66.0512 of the statutes;
canvassing absentee ballots, use of central counting locations, election night reporting, court determinations of incompetency and ineligibility to vote, and providing a penalty.
transmitting and canvassing absentee ballots, use of central counting locations, election night reporting, whistleblower protection for municipal clerks, notifications and verifications concerning citizenship status, court determinations of incompetency and ineligibility to vote, and providing a penalty.
Current law additionally provides that any municipality may provide by ordinance that, in lieu of canvassing absentee ballots at polling places, a municipal board of absentee ballot canvassers established by the municipality is responsible for canvassing all absentee ballots received by the municipal clerk by 8 p.m.
Current law additionally provides that any municipality may provide by ordinance - 2024 Legislature - 2 - LRB-4402/2 MPG/SWB/JK:cdc ASSEMBLY BILL 567 that, in lieu of canvassing absentee ballots at polling places, a municipal board of absentee ballot canvassers established by the municipality is responsible for canvassing all absentee ballots received by the municipal clerk by 8 p.m.
on election LRBs0166/1 - 2024 Legislature - 2 - MPG&JK:skw day.
on election day.
Provides that the board of absentee ballot canvassers must publicly convene no earlier than 7 a.m.
Provides that the board of absentee ballot canvassers must publicly convene at 7 a.m.
Requires that at 8 p.m.
Requires that at 7 a.m., noon, and 8 p.m.
Also, if the board discovers evidence of tampering, the Elections Commission must verify the accuracy of the absentee ballot count by ordering the municipality to conduct a recount after the election and conducting an audit of the election equipment.
Also, if the board discovers evidence of tampering, the Elections Commission must verify the accuracy LRB-4402/2 - 2024 Legislature - 3 - MPG/SWB/JK:cdc ASSEMBLY BILL 567 of the absentee ballot count by ordering the municipality to conduct a recount after the election and conducting an audit of the election equipment.
LRBs0166/1 - 2024 Legislature - 3 - MPG&JK:skw 6.
6.
Authorizes municipalities not having a board of absentee ballot canvassers to begin processing absentee ballots beginning no earlier than 7 a.m.
Authorizes municipalities not having a board of absentee ballot canvassers to begin processing absentee ballots beginning at 7 a.m.
E LECTION NIGHT REPORTING Under the bill, at 10 p.m.
E LECTION NIGHT REPORTING Under the bill, at 9 p.m.
In a municipality having a municipal board of election commissioners (currently, only the city of Milwaukee), the municipal board of election commissioners must also post the statement on the website maintained by the municipal board of election commissioners.
In a municipality having a municipal board of election commissioners (currently, only the city of Milwaukee), the municipal board of election commissioners must also - 2024 Legislature - 4 - LRB-4402/2 MPG/SWB/JK:cdc ASSEMBLY BILL 567 post the statement on the website maintained by the municipal board of election commissioners.
LRBs0166/1 - 2024 Legislature - 4 - MPG&JK:skw C OURT DETERMINATIONS OF INCOMPETENCY AND INELIGIBILITY TO VOTE Under current law, no person who is incapable of understanding the objective of the elective process or who is under a guardianship may vote unless a court has determined that the person is competent to vote.
TIMELINE FOR SENDING OR TRANSMITTING ABSENTEE BALLOTS Current law requires a municipal clerk to send an absentee ballot for each partisan primary, presidential preference primary, and general election to all electors requesting the ballot, including military and overseas electors, no later than the 47th day before the partisan primary, presidential preference primary, or general election or, if the request is not made before that day, within one business day after the request is received.
Current law also allows any voter in a municipality to petition a circuit court to determine whether a person residing in the municipality is incapable of understanding the objective of the elective process.
For all other primaries and elections, the municipal clerk must send or transmit the absentee ballot no later than the 21st day before the primary or election or, if the request is not made before that day, within one business day after the request is received.
Under the bill, a municipal clerk must send or transmit an absentee ballot for all primaries and elections, regardless of the type of primary or election, to electors other than military and overseas electors no later than the 21st day before the primary or election or, if the request is not made before that day, within one business day after the request is received.
Under the bill, a municipal clerk must send or transmit an absentee ballot for all primaries and elections, regardless of the type of primary or election, to military and overseas electors no later than the 45th day before the primary or election or, if the request is not made before that day, within one business day after the request is received.
That 45th day timeline is consistent with federal law.
W HISTLEBLOWER PROTECTIONS The bill provides whistleblower protection for municipal clerks who witness and report election fraud or irregularities.
Under the bill, no municipal clerk may be discriminated against in regard to employment, including by being discharged, disciplined, or demoted, as a reprisal because the clerk lawfully reported, or is believed to have reported, witnessing what the clerk reasonably believed to be election fraud or irregularities.
C OURT DETERMINATIONS OF INCOMPETENCY AND INELIGIBILITY TO VOTE Under current law, no person who is incapable of understanding the objective of the elective process or who is under a guardianship may vote unless a court has determined that the person is competent to vote.
Current law also allows any voter in a municipality to petition the circuit court to determine whether a person residing in the municipality is incapable of understanding the objective of the elective process.
This bill requires the circuit court to notify the Elections Commission, by email, of the court's determination regarding incompetency and ineligibility to register to vote or to vote.
This bill requires the circuit court, no later than one business day after the date of a determination by the court, to notify the Elections Commission of the court's determination regarding incompetency and ineligibility to vote.
Under the bill, when the commission receives a determination of incompetency and ineligibility to register to vote or to vote, the commission must, within three business days, change the status of the voter subject to the determination to inactive on the official voter registration list, note on the list that the voter is ineligible to register to vote or to vote, and notify the voter and the voter's municipal clerk of the voter's change in status.
Under the bill, when the commission receives a determination of incompetency and ineligibility to LRB-4402/2 - 2024 Legislature - 5 - MPG/SWB/JK:cdc ASSEMBLY BILL 567 vote, the commission must, within one business day, change the status of the voter subject to the determination to inactive on the official voter registration list, note on the list that the voter is ineligible to vote, and notify the voter's municipal clerk of the voter's change in status.
The bill also provides that if a court reviews a determination of incompetency and ineligibility to vote and restores the voter's right to vote, upon receipt of that determination by email, the commission must, within three business days, notify the voter that the voter is eligible to vote and that the voter is required to complete a new registration to vote if the voter intends to vote.
The bill also provides that if a court reviews a determination of ineligibility to vote and restores the voter's right the vote, upon receipt of that determination, the commission must, within one business day, change the voter's status on the official voter registration list to active, note on the list that the voter is eligible to vote, and notify the municipal clerk of the voter's change in status.
Under the bill, the clerk must examine the registration list before issuing a ballot to any voter.
VERIFICATIONS OF VOTER CITIZENSHIP STATUS Current law requires the administrator of the Elections Commission to enter into an agreement with the secretary of transportation to match personally identifiable information on the official voter registration list with the information maintained by the Department of Transportation.
Under this bill, the agreement with the secretary of transportation must also provide the commission access to personally identifiable information maintained by DOT in order to verify that individuals on the official registration list are U.S.
citizens.
In addition, the bill requires the commission to conduct the verifications as soon as practicable after the effective date of the bill and immediately whenever an individual registers to vote or modifies his or her registration.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
SECTION 1.
S ECTION 1.
SECTION 2.
S ECTION 2.
5.056 of the statutes is amended to read:
5.056 Matching program with secretary of transportation.
The commission administrator shall enter into the agreement with the secretary of - 2024 Legislature - 6 - LRB-4402/2 MPG/SWB/JK:cdc ASSEMBLY BILL 567 SECTION 2 transportation specified under s.
85.61 (1) to match personally identifiable information on the official registration list maintained by the commission under s.
6.36 (1) and the information specified in s.
6.34 (2m) with personally identifiable information maintained by the department of transportation.
The agreement shall require the department of transportation to provide the commission access to personally identifiable information maintained by the department of transportation in order to verify that individuals on the official registration list are U.S.
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citizens.
The commission shall immediately verify the information on the list whenever an individual registers to vote or modifies his or her registration.
SECTION 3.
LRBs0166/1 - 2024 Legislature - 5 - MPG&JK:skw SECTION 2 5.057 Determination of ineligibility to vote due to incompetency.
5.057 Determination of ineligibility to vote due to incompetency.
(1) Upon receipt of a determination of ineligibility to register to vote or to vote under s.
(1) (a) Upon receipt of a determination of ineligibility to vote under s.
g., the commission shall, no later than 3 business days after receiving the determination, change the status of the elector subject to the determination to inactive on the official registration list under s.
g., the commission shall, no later than one business day after receiving the determination, change the status of the elector subject to the determination to inactive on the official registration list under s.
6.36, note on the list that the elector is ineligible to register to vote or to vote in accordance with s.
6.36, note on the list that the elector is ineligible to vote in accordance with s.
6.03 (3), and notify the elector and the elector's municipal clerk of the elector's change in status.
6.03 (3), and notify the elector's municipal clerk of the elector's change in status.
If the commission does not have a record of the elector upon receipt of a determination of ineligibility, the commission shall create a record listing the elector as ineligible to vote in accordance with s.
(b) The commission shall include the elector determined to be ineligible to vote under s.
6.03 (3) and provide a copy of that record to the elector's municipal clerk.
54.25 (2) (c) 1.
Upon receipt of a registration to vote, the municipal clerk shall examine the registration list to determine whether the elector is ineligible to register to vote or to vote in accordance with s.
g.
6.03 (3) and shall notify the elector if the clerk determines that the elector is ineligible.
on the ineligible elector list.
The clerk shall examine the registration list before issuing a ballot to any elector.
If the elector's right to vote is restored, as provided under s.
54.64 (2) (c), after preparation of the ineligible elector list, the elector may vote at the elector's polling place on election day if the elector presents to the chief inspector documentation from the court under s.
54.64 (2) (c) showing that the court has restored the elector's right to vote.
If the elector presents such documentation to the chief inspector, the chief inspector shall note the elector's change in status on the ineligible elector list.
If the elector is unable to LRB-4402/2 - 2024 Legislature - 7 - MPG/SWB/JK:cdc SECTION 3 ASSEMBLY BILL 567 present such documentation, the elector may cast a provisional ballot under s.
6.97, but the ballot shall not be counted unless the elector provides the documentation described under this paragraph to the polling place before the closing hour or to the office of the municipal clerk or board of election commissioners no later than 4 p.m.
on the Friday after the election.
54.64 (2) (c), upon receipt of the reviewing court's determination, the commission shall, no later than 3 business days after receiving the determination, notify the elector that the elector is eligible to vote, but that the elector is required to complete a new voter registration if the elector intends to vote.
54.64 (2) (c), upon receipt of the reviewing court's determination, the commission shall, no later than one business day after receiving the determination, change the status of the elector subject to the determination to active on the official registration list under s.
The commission shall submit with the notice a registration form for the elector to complete and return to the municipal clerk, if the elector intends to vote.
6.36, note on the list that the elector is eligible to vote in accordance with s.
SECTION 3.
6.03 (3), and notify the elector's municipal clerk of the elector's change in status.
The commission shall also remove the elector from the ineligible elector list.
SECTION 4.
LRBs0166/1 - 2024 Legislature - 6 - MPG&JK:skw SECTION 3 5.84 (1) Where any municipality employs an electronic voting system which that utilizes automatic tabulating equipment, either at the polling place or at a central counting location, the municipal clerk shall, on any day not more than 10 days prior to the election day on which the equipment is to be utilized in an election, have the equipment tested to ascertain that it will correctly count the votes cast for all offices and on all measures.
5.84 (1) Where any municipality employs an electronic voting system which that utilizes automatic tabulating equipment, either at the polling place or at a central counting location, the municipal clerk shall, on any day not more than 10 days prior to the election day on which the equipment is to be utilized in an election, have the equipment tested to ascertain that it will correctly count the votes cast for all offices and on all measures.
The test shall be open to the public.
The test - 2024 Legislature - 8 - LRB-4402/2 MPG/SWB/JK:cdc ASSEMBLY BILL 567 SECTION 4 shall be open to the public.
SECTION 4.
SECTION 5.
5.84(2) Before beginning the ballot count at each polling place or at the central counting location or at a meeting convened under s.
5.84(2) Before beginning the ballot count at each polling place or at the central counting location, the election officials shall witness a test of the automatic tabulating equipment by engaging the printing mechanism and securing a printed result showing a zero count for every candidate and referendum.
6.88 (4) or 7.52 (1), the election officials shall witness a test of the automatic tabulating equipment by engaging the printing mechanism and securing a printed result showing a zero count for every LRBs0166/1 - 2024 Legislature - 7 - MPG&JK:skw SECTION 4 candidate and referendum.
SECTION 5.
SECTION 6.
At each polling place, the applicable portions of the procedure prescribed for initiating the canvass under s.
At each polling place, LRB-4402/2 - 2024 Legislature - 9 - MPG/SWB/JK:cdc SECTION 6 ASSEMBLY BILL 567 the applicable portions of the procedure prescribed for initiating the canvass under s.
SECTION 6.
5.85 (5) of the statutes is repealed.
5.86 of the statutes is repealed.
5.85 (5) of the statutes is repealed.
5.86 of the statutes is repealed.
SECTION 9.
5.87 (1) If a central counting location is not utilized, the The procedure for tabulating the votes by the automatic tabulating equipment shall be under the direction of the chief inspector and shall conform to the requirements of the automatic tabulating equipment.
5.87 (1) If a central counting location is not utilized, thecedure for tabulating the votes by the automatic tabulating equipment shall be under the direction of the chief inspector and shall conform to the requirements of the automatic tabulating equipment.
All proceedings at the polling place LRBs0166/1 - 2024 Legislature - 8 - MPG&JK:skw SECTION 8 and at any central counting locationl be open to the public, but no person, except those employed and authorized for the purpose, may touch any ballot, container, envelope, return, or equipment.
All proceedings at the polling place and at any central counting location shall be open to the public, but no person, except those employed and authorized for the purpose, may touch any ballot, container, envelope, return, equipment.
SECTION 9.
SECTION 10.
SECTION 10.
SECTION 11.
6.15 (4) (a) Clerks holding new resident ballots shall deliver them to the election inspectors in the proper ward or election district where the new residents reside or, in municipalities where absentee ballots are canvassed under s.
- 2024 Legislature - 10 - LRB-4402/2 MPG/SWB/JK:cdc ASSEMBLY BILL 567 SECTION 11 6.15 (4) (a) Clerks holding new resident ballots shall deliver them to the election inspectors in the proper ward or election district where the new residents reside or, in municipalities where absentee ballots are canvassed under s.
7.52, to the municipal board of absentee ballot canvassers when it convenest a meeting convened under s.
7.52, to the municipal board of absentee ballot canvassers when it convenes at a meeting convened under s.
SECTION 11.
SECTION 12.
SECTION 12.
6.33 (1) of the statutes is amended to read:
6.33 (1) The commission shall prescribe the format, size, and shape of registration forms.All nonelectronic forms shall be printed and each item of LRBs0166/1 - 2024 Legislature - 9 - MPG&JK:skw SECTION 12 information shall be of uniform font size, as prescribed by the commission.
Except as otherwise provided in this subsection, electronic forms shall contain the same information as nonelectronic forms.
The municipal clerk shall supply sufficient forms to meet voter registration needs.
The commission shall design the form to obtain from each elector information as to name;
date;
residence location;
location of previous residence immediately before moving to current residence location;
citizenship;
date of birth;
age;
the number of a current and valid operator's license issued to the elector under ch.
343 or the last 4 digits of the elector's social security account number;
whether the elector has resided within the ward or election district for the number of consecutive days specified in s.
6.02 (1);
whether the elector has been convicted of a felony for which he or she has not been pardoned, and if so, whether the elector is incarcerated, or on parole, probation, or extended supervision;
whether the elector is disqualified on any other ground from voting, including being adjudicated incompetent to exercise the right to register to vote or to vote in an election;
and whether the elector is currently registered to vote at any other location.
The forms shall provide check boxes for the elector to indicate whether he or she is disqualified to vote and, if disqualified to vote, the grounds for which the elector is so disqualified.
The commission shall include on the nonelectronic form a space for the elector's signature and on the electronic form the authorization specified under s.
6.30 (5).
Below the space for the signature or authorization, respectively, the commission shall include the following statement:
“Falsification of information on this form is punishable under Wisconsin law as a Class I felony." The commission shall include on the form a space to enter the name of any inspector, municipal clerk, or deputy clerk under s.
6.55 (2) who obtains the form and a space for the inspector, clerk, or deputy clerk to sign his or her name, affirming that the inspector, clerk, or LRBs0166/1 - 2024 Legislature - 10 - MPG&JK:skw SECTION 12 deputy clerk has accepted the form.
The commission shall include on the form a space for entry of the ward and aldermanic district, if any, where the elector resides and any other information required to determine the offices and referenda for which the elector is certified to vote.
The commission shall also include on the form a space where the clerk may record an indication of whether the form is received by mail or by electronic application, a space where the clerk shall record an indication of the type of identifying document submitted by the elector as proof of residence under s.
6.34 or an indication that the elector's information in lieu of proof of residence was verified under s.
6.34 (2m), the name of the entity or institution that issued the identifying document, and, if the identifying document includes a number that applies only to the individual holding that document, that number.
The commission shall also include on the form a space where the clerk, for any elector who possesses a valid voting identification card issued to the person under s.
6.47 (3), may record the identification serial number appearing on the voting identification card.
Each county clerk shall obtain sufficient registration forms for completion by an elector who desires to register to vote at the office of the county clerk under s.
6.28 (4).
6.29 (2) (am) of the statutes is amended to read:
6.29 (2) (am) The commission shall provide to each municipal clerk a list prepared for use at each municipal clerk's office showing the name and address of each person whose name appears on the list provided by the department of corrections under s.
301.03 (20m) as ineligible to vote, or whose registration status is inactive under s.
5.057 (1) (a), on the date of the election, whose address is located in the municipality, and whose name does not appear on the registration list for that municipality.
Prior to permitting an elector to register to vote under this subsection, the municipal clerk shall review the list.
If the name of an elector who wishes to register to vote appears on the list, the municipal clerk shall inform the elector that the elector is ineligible to register to vote.
If the elector maintains that he or she is eligible to vote in the election, the municipal clerk shall permit the elector to register to vote but shall mark the elector's registration form as “ineligible to vote per LRB-4402/2 - 2024 Legislature - 11 - MPG/SWB/JK:cdc S ECTION 13 ASSEMBLY BILL 567 Department of Correctionsas a disqualified elector under s.
6.03." If the elector wishes to vote, the municipal clerk shall challenge the elector's ballot in the same manner as provided for inspectors who challenge ballots under s.
6.79 (2) (dm).
SECTION 14.
6.55 (2) (cs) of the statutes is amended to read:
6.55 (2) (cs) The commission shall provide to each municipal clerk a list prepared for use at each polling place showing the name and address of each person whose name appears on the list provided by the department of corrections under s.
301.03 (20m) as ineligible to vote, or whose registration status is inactive under s.
5.057 (1) (a), on the date of the election, whose address is located in the area served by that polling place, and whose name does not appear on the poll list for that polling place.
Prior to permitting an elector to register to vote under this subsection or s.
6.86 (3) (a) 2., the inspectors or election registration officials shall review the list.
If the name of an elector who wishes to register to vote appears on the list, the inspectors or election registration officials shall inform the elector or the elector's agent that the elector is ineligible to register to vote.
If the elector or the elector's agent maintains that the elector is eligible to vote in the election, the inspectors or election registration officials shall permit the elector to register but shall mark the elector's registration form as “ineligible to vote per Department of Correctionss a disqualified elector under s.
6.03." If the elector wishes to vote, the inspectors shall require the elector to vote by ballot and shall challenge the ballot as provided in s.
6.79 (2) (dm).
SECTION 15.
6.56 (3m) of the statutes is amended to read:
6.56 (3m) As soon as possible after all information relating to registrations after the close of registration for an election is entered on the registration list following the election under s.
6.33 (5) (a), the commission shall compare the list of - 2024 Legislature - 12 - LRB-4402/2 MPG/SWB/JK:cdc ASSEMBLY BILL 567 SECTION 15 new registrants whose names do not appear on the poll lists for the election because the names were added after the commission certified the poll lists for use at the election with the list containing the names transmitted to the commission by the department of corrections under s.
301.03 (20m) as of election day and with the names provided in the notices of ineligibility received under s.
54.25 (2) (c) 1.
g.
If the commission finds that the name of any person whose name appears on the list transmitted under s.
301.03 (20m), or in a notice of ineligibility received under s.
54.25 (2) (c) 1.
g., has been added to the registration list, the commission shall enter on the list the information transmitted to the commission under s.
301.03 (20m) or received under s.
54.25 (2) (c) 1.
g.
and shall notify the district attorney for the county where the polling place is located that the person appears to have voted illegally at the election.
SECTION 16.
6.79 (2) (dm) of the statutes is amended to read:
6.79(2) (dm) If the poll list indicates that the elector is ineligible to vote because the elector's name appears on the current list provided by the department of corrections under s.
301.03 (20m) of ineligible electors, the inspectors shall inform the elector of this fact.
If the elector maintains that he or she is eligible to vote in the election, the inspectors shall provide the elector with a ballot and, after the elector casts his or her vote, shall challenge the ballot as provided in s.
6.92 and treat the ballot in the manner provided in s.
6.95.
SECTION 17.
If application is made in person, the application shall be made no earlier than 14 days preceding the election and no later than the Sunday preceding the election.
If application is made in person, the application shall be made no earlier than 14 days preceding the election and no later than the Sunday LRB-4402/2 - 2024 Legislature - 13 - MPG/SWB/JK:cdc S ECTION 17 ASSEMBLY BILL 567 preceding the election.
(c), if the elector is making written LRBs0166/1 - 2024 Legislature - 11 - MPG&JK:skw S ECTION 13 application for an absentee ballot at the partisan primary, the general election, the presidential preference primary, or a special election for national office, and the application indicates that the elector is a military elector, as defined in s.
(c), if the elector is making written application for an absentee ballot at the partisan primary, the general election, the presidential preference primary, or a special election for national office, and the application indicates that the elector is a military elector, as defined in s.
6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the pollinelection inspectors of the proper ward or election district or, in municipalities where absentee ballots are canvassed under s.
6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place election inspectors of the proper ward or election district or, in municipalities where absentee ballots are canvassed under s.
SECTION 14.
SECTION 18.
Except in municipalities where absentee ballots are canvassed under s.
Except in municipalities where absentee ballots are canvassed under - 2024 Legislature - 14 - LRB-4402/2 MPG/SWB/JK:cdc ASSEMBLY BILL 567 SECTION 18 s.
LRBs0166/1 - 2024 Legislature - 12 - MPG&JK:skw SECTION 15 SECTION 15.
SECTION 19.
SECTION 16.
SECTION 20.
7.52, to the municipal board of absentee ballot canvassers, the municipal clerk shall seal the ballot envelope in the carrier envelope as provided under sub.
7.52, to the municipal board LRB-4402/2 - 2024 Legislature - 15 - MPG/SWB/JK:cdc S ECTION 20 ASSEMBLY BILL 567 of absentee ballot canvassers, the municipal clerk shall seal the ballot envelope in the carrier envelope as provided under sub.
LRBs0166/1 - 2024 Legislature - 13 - MPG&JK:skw S ECTION 16 7.52, to the municipal board of absentee ballot canvassers when it convenes meeting convened under s.
7.52, to the municipal board of absentee ballot canvassers when it convenes at a meeting convened under s.
SECTION 17.
SECTION 21.
(b) to (f), the election inspectors may convene a meeting to begin canvassing absentee ballots no earlier than 7 a.m.
(b) to (f), the election inspectors may convene a meeting to begin canvassing absentee ballots beginning at 7 a.m.
(c) 1.
- 2024 Legislature - 16 - LRB-4402/2 MPG/SWB/JK:cdc ASSEMBLY BILL 567 S ECTION 21 (c) 1.
At 8 p.m.
At 7 a.m., noon, and 8 p.m.
on election day, the municipal clerk or his or her designee or municipal board of election commissioners shall provide to the county clerk of the county in which the municipality is located or the county board of election commissioners a statement LRBs0166/1 - 2024 Legislature - 14 - MPG&JK:skw S ECTION 17 that shows the total number of absentee ballots returned to the municipality and the total number of absentee ballots the election inspectors have canvassed under this subsection.
on election day, the municipal clerk or his or her designee or municipal board of election commissioners shall provide to the county clerk of the county in which the municipality is located or the county board of election commissioners a statement that shows the total number of absentee ballots returned to the municipality and the total number of absentee ballots the election inspectors have canvassed under this subsection.
If the election inspectors discover evidence of tampering with respect to automatic tabulating equipment, the canvass may not resume until the equipment is replaced and the replacement equipment is tested as provided in s.
If the election inspectors discover evidence of tampering with respect to automatic tabulating equipment, the canvass may not LRB-4402/2 - 2024 Legislature - 17 - MPG/SWB/JK:cdc S ECTION 21 ASSEMBLY BILL 567 resume until the equipment is replaced and the replacement equipment is tested as provided in s.
5.84, except that public notice need not be provided 48 hours prior to the test.
5.84, except that public notice need not be provided 48 hours prior to the test.If the election inspectors discover evidence of tampering under this paragraph, the commission shall verify the accuracy of the absentee ballot count in the municipality in the election by doing all of the following:
If the election inspectors discover evidence of tampering under this LRBs0166/1 - 2024 Legislature - 15 - MPG&JK:skw S ECTION 17 paragraph, the commission shall verify the accuracy of the absentee ballot count in the municipality in the election by doing all of the following:
SECTION 18.
SECTION 22.
SECTION 19.
SECTION 23.
7.15 (1) (cm) of the statutes is amended to read:
7.15(1) (cm) Prepare official absentee ballots for delivery to electors requesting them, and except as provided in this paragraph, send an official absentee ballot to each elector who has requested a ballot by mail, and to each military elector, as defined in s.
6.34 (1), and overseas elector who has requested a ballot by mail, electronic mail, or facsimile transmission,ter than the 47th 45th day before - 2024 Legislature - 18 - LRB-4402/2 MPG/SWB/JK:cdc ASSEMBLY BILL 567 SECTION 23 each partisan primary, presidential preference primary, special primary or election, and general election and no later than the 21st day before each other primary and election if the request is made before that day;
otherwise, the municipal clerk shall send or transmit an official absentee ballot within one business day of the time the military or overseaselector's request for such a ballot is received.
The clerk shall send or transmit an absentee ballot for the presidential preference primary to each elector who has requested that to all other electors requesting a ballot no later than the 47th21st day before the presidential preference primary or election if the request is made before that day, or, if the request is not made before that day, within one business day of the time the request is received.
For purposes of this paragraph, “business day" means any day from Monday to Friday, not including a legal holiday under s.
995.20.
SECTION 24.
7.15(16) ELECTION NIGHT REPORTING(a) At 10 p.m.
7.15 (16) ELECTION NIGHT REPORTING.(a) At 9 p.m.
The county clerk LRBs0166/1 - 2024 Legislature - 16 - MPG&JK:skw S ECTION 19 or county board of election commissioners shall promptly post each statement on the website on which the county posts returns on election night under s.
The county clerk or county board of election commissioners shall promptly post each statement on the website on which the county posts returns on election night under s.
In a municipality having a municipal board of election commissioners, the statement required under this subsection shall also be posted on the website maintained by the municipal board of election commissioners.
In a municipality having a municipal board of election commissioners, the statement required under this subsection shall also be posted on the website maintained by the LRB-4402/2 - 2024 Legislature - 19 - MPG/SWB/JK:cdc SECTION 24 ASSEMBLY BILL 567 municipal board of election commissioners.
S ECTION 20.
S ECTION 25.
S ECTION 21.
S ECTION 26.
The canvass, whether conducted at the polling place or at a central counting location, shall continue without LRBs0166/1 - 2024 Legislature - 17 - MPG&JK:skw S ECTION 21 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.
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.
7.52, until the canvass of all absentee ballots cast and received on or before election day is completed and the return statement for - 2024 Legislature - 20 - LRB-4402/2 MPG/SWB/JK:cdc ASSEMBLY BILL 567 S ECTION 26 those ballots is made.
SECTION 22.
S ECTION 27.
Prior to enacting an ordinance under this subsectionubdivision, the municipal clerk or board of election commissioners of the municipality shall notify the elections commission in writing of the proposed enactment and shall consult with the elections commission concerning administration of this section.
Prior to enacting an ordinance under this subsectionsubdivision, the municipal clerk or board of election commissioners of the municipality shall notify the electioncommission in writing of the proposed enactment and shall consult with the elections commission concerning administration of this section.
Att as provided under par.
Atpt as provided under par.
on election day, publicly convene no earlier than 7 a.m.
on election day, publicly convene at 7 a.m.
on LRBs0166/1 - 2024 Legislature - 18 - MPG&JK:skw SECTION 22 election day and continue until all absentee ballots received by the municipal clerk by 8 p.m.
on election day and continue until all absentee ballots received by the municipal clerk by 8 p.m.
Any member of the public has the same right of access to a meeting of the municipal board of absentee ballot canvassers under this subsection that the individual would have under s.
Any member of the public has the same right of LRB-4402/2 - 2024 Legislature - 21 - MPG/SWB/JK:cdc S ECTION 27 ASSEMBLY BILL 567 access to a meeting of the municipal board of absentee ballot canvassers under this subsection that the individual would have under s.
SECTION 23.
SECTION 28.
At 8 p.m.
At 7 a.m., noon, and 8 p.m.
LRBs0166/1 - 2024 Legislature - 19 - MPG&JK:skw SECTION 23 2.
2.
(e) When the meeting of the board of absentee ballot canvassers recesses on the day before the election, the board of absentee ballot canvassers shall secure the automatic tabulating equipment, and the areas where the programmed media, memory devices, and absentee ballots are housed, with tamper-evident security seals in a double-lock location such as a locked cabinet inside a locked office.
(e) When the meeting of the board of absentee ballot canvassers recesses on the day before the election, the board of absentee ballot canvassers shall secure the automatic tabulating equipment, and the areas where the programmed media, - 2024 Legislature - 22 - LRB-4402/2 MPG/SWB/JK:cdc ASSEMBLY BILL 567 S ECTION 28 memory devices, and absentee ballots are housed, with tamper-evident security seals in a double-lock location such as a locked cabinet inside a locked office.
LRBs0166/1 - 2024 Legislature - 20 - MPG&JK:skw SECTION 23 (g) No person may intentionally act in a manner that would give him or her the ability to know or to provide information on the tallied results from the ballots canvassed under this section before the polls close on election daWhoever intentionally violates this paragraph is guilty of a Class I felony.
(g) No person may intentionally act in a manner that would give him or her the ability to know or to provide information on the tallied results from the ballots canvassed under this section before the polls close on election dayWhoever intentionally violates this paragraph is guilty of a Class I felony.
(h) Canvassing absentee ballots on the day before the election under this section is optional except for each spring and general election and each special election or recall election if the special or recall election is for a state or national office.
LRB-4402/2 - 2024 Legislature - 23 - MPG/SWB/JK:cdc SECTION 28 ASSEMBLY BILL 567 (h) Canvassing absentee ballots on the day before the election under this section is optional except for each spring and general election and each special election or recall election if the special or recall election is for a state or national office.
SECTION 24.
S ECTION 29.
Upon acceptingewing each absentee ballot certificate envelope to ensure that it satisfies all applicable legal requirements, the board of absentee ballot canvassers shall enter a poll list sequential count number on the poll list next to the name of the elector who voted the ballot, beginning with the number one.
Upon acceptireviewing each absentee ballot certificate envelope to ensure that it satisfies all applicable legal requirements, the board of absentee ballot canvassers shall enter a poll list sequential count number on the poll list next to the name of the elector who voted the ballot, beginning with the number one.
If the elector's name does not appear on the poll list, the board of absentee ballot canvassers shall enter the number on a separate list maintained under this subsectionThe board of absentee ballot canvassers shall record each elector's sequential count number on the face of the elector's certificate envelope.
If the elector's name does not appear on the poll list, the board of absentee ballot canvassers shall enter the number on a separate list maintained under this subsection.The board of absentee ballot canvassers shall record each elector's sequential count number on the face of the elector's certificate envelope.
SECTION 25.
S ECTION 30.
When the board of absentee ballot canvassers finds that the certification has been LRBs0166/1 - 2024 Legislature - 21 - MPG&JK:skw S ECTION 25 properly executed and the applicant is a qualified elector of the ward or election district, the board of absentee ballot canvassers shall enter an indication, including the elector's sequential count number as provided under sub.
When the board of absentee ballot canvassers finds that the certification has been properly executed and the applicant is a qualified elector of the ward or election district, the board of absentee ballot canvassers shall enter an indication, including the elector's sequential count number as provided under sub.
The board of absentee ballot canvassers shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon.
The board - 2024 Legislature - 24 - LRB-4402/2 MPG/SWB/JK:cdc ASSEMBLY BILL 567 SECTION 30 of absentee ballot canvassers shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon.
SECTION 26.
SECTION 31.
and if, after a comparison of the LRBs0166/1 - 2024 Legislature - 22 - MPG&JK:skw SECTION 26 count and the appearance of the ballots it appears to the board of absentee ballot canvassers that the ballots folded together were voted by the same person they shall not be counted but the board of absentee ballot canvassers shall mark them as to the reason for removal, set them aside, and carefully preserve them.
and if, after a comparison of the count and the appearance of the ballots it appears to the board of absentee ballot canvassers that the ballots folded together were voted by the same person they shall not be counted but the board of absentee ballot canvassers shall mark them as to the LRB-4402/2 - 2024 Legislature - 25 - MPG/SWB/JK:cdc S ECTION 31 ASSEMBLY BILL 567 reason for removal, set them aside, and carefully preserve them.
SECTION 27.
SECTION 32.
(1) (a) 1.he canvassing of absentee ballots at all elections held in the municipality under this section may by similar action rescind that decision.
(1) (a) 1.
for the canvassing of absentee ballots at all elections held in the municipality under this section may by similar action rescind that decision.
SECTION 28.
SECTION 33.
SECTION 29.
SECTION 34.
SECTION 30.
SECTION 35.
12.60 (1) (a) of the statutes is amended to read:
12.60 (1) (a) Whoever violates s.
12.09, 12.11 or 12.13 (1), (2) (b) 1.
to 7.
or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony.
This paragraph does not apply to a violation of s.
12.13 (1) (a) by an individual who is determined ineligible to register to vote or to vote under s.
g., but the individual's vote shall not be included in the final tally for that election.
SECTION 31.
54.25 (2) (c) 1.
LRBs0166/1 - 2024 Legislature - 23 - MPG&JK:skw S ECTION 31 54.25(2) (c) 1.
54.25(2) (c) 1.
The appointment of a guardian is not required for an individual whose sole limitation is ineligibility to vote.
The appointment of a guardian - 2024 Legislature - 26 - LRB-4402/2 MPG/SWB/JK:cdc ASSEMBLY BILL 567 SECTION 35 is not required for an individual whose sole limitation is ineligibility to vote.
The court shall, no later than 3 days after the determination, notify the elections commission by email of the determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s.
The later than one business day after the date of a determination, the court shall notify the elections commission by electronic means of the determination of the court.
6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for determining challenges to registration and voting that may be directed against that electorAn email notification sent to the elections commission under this subd.
In addition, the determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s.
1.
6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for determining challenges to registration and voting that may be directed against that elector.
g.
shall remain confidential, except as otherwise provided under s.
19.36.
The court shall also, at the time of the determination, provide the determination in writing to the individual and the individual's guardian, if applicable.
54.64 (2), and the court shall notify the elections commission, the individual, and the individual's guardian, if applicable, by mail and email of any subsequent determination of the court shall be likewise communicated by the clerk of court.
54.64 (2) andhe court shall notify election official or agency charged under s.
All notices provided to the elections commission under this subd.
6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for determining challenges to registration and voting that may be directed against that elector of any subsequent determination of the court shall be likewise communicated by the clerk of court no later than one business day after the determination.
All notices provided under this subd.
residential address, including city, state, and zip code;
address, including city, state, and zip code;
mailing address, if different than the residential address;
and date of birth of the individual subject to the determination.
and date of birth of the individual LRBs0166/1 - 2024 Legislature - 24 - MPG&JK:skw SECTION 31 subject to the determination.
If the court appoints a guardian for an individual who is ineligible to vote, the guardian shall report an address change for the individual to the court within 10 business days of the change and the court shall notify the elections commission by electronic means of that address change using the methods described in this subd.
If the court appoints a guardian for an individual who is ineligible to vote, the guardian shall, no later than 3 days after the determination, report any residential or mailing address change for the individual to the court, and the court shall immediately notify the elections commission of that address by email.
1.
The court shall use a standardized notice of eligibility form to communicate its determinations to the individual and the individual's guardian, if applicable.
g.
no later than one business day after receiving the information.
SECTION 36.
66.0512 of the statutes is created to read:
66.0512 Whistleblower protection for certain disclosures made by municipal clerks.
No municipal clerk may be discharged, disciplined, demoted, or otherwise discriminated against in regard to employment, or threatened with any such treatment, as a reprisal because the clerk lawfully reported, or is believed to have reported, witnessing what the clerk reasonably believed to be election fraud or LRB-4402/2 - 2024 Legislature - 27 - MPG/SWB/JK:cdc S ECTION 36 ASSEMBLY BILL 567 irregularities.
For purposes of this section, “lawfully reported” means a report of information the disclosure of which is not expressly prohibited by state or federal law, rule, or regulation.
SECTION 37.0Nonstatutory provisions.
(1) CITIZENSHIP VERIFICATION.The elections commission shall verify the citizenship of all electors on the official registration list as soon as practicable after the effective date of this subsection using the information provided by the department of transportation under s.
5.056.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Public hearing held

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

  4. Senator Spreitzer added as a cosponsor

  5. Received from Assembly

  6. Ordered immediately messaged

  7. Read a third time and passed

  8. Rules suspended

  9. Ordered to a third reading

  10. Assembly Substitute Amendment 2 adopted

  11. Read a second time

  12. Representative Gustafson added as a coauthor

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

  14. Referred to committee on Rules

  15. Report passage as amended recommended by Committee on Campaigns and Elections, Ayes 8, Noes 0

  16. Report Assembly Substitute Amendment 2 adoption recommended by Committee on Campaigns and Elections, Ayes 8, Noes 0

  17. Assembly Substitute Amendment 2 offered by Committee on Campaigns and Elections

  18. Executive action taken

  19. Fiscal estimate received

  20. Assembly Substitute Amendment 1 offered by Representative Krug

  21. Assembly Amendment 2 offered by Representative Krug

  22. Public hearing held

  23. Assembly Amendment 1 offered by Representative Tusler

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

  25. Introduced by Representatives Tusler, Maxey, Armstrong, Dittrich, Donovan, Kitchens, Michalski, Murphy, O'Connor, Rettinger, Rozar, Schraa and Steffen; cosponsored by Senator Cabral-Guevara

Sponsors

Sponsorship breakdown

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13 sponsors · 0 co-sponsors · 119 not signed on

Sponsors (13)

Co-sponsors (0)

None.

Not signed on (119)

119 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.

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Frequently asked questions

Who sponsors AB 567?
AB 567 is sponsored by Tusler, Ron (Republican), Maxey, Dave (Republican), Armstrong, David (Republican), Dittrich, Barbara (Republican), Donovan, Bob (Republican), Kitchens, Joel (Republican), Michalski, Murphy, David (Republican), O'Connor, Jerry (Republican), Rettinger, Rozar, Schraa, and Steffen, David (Republican).
What is the current status of AB 567?
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 567?
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