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State Sen. Knodl looks for support on absentee ballot drop box

Washington Co., WI – State Senator Dan Knodl is looking for co-sponsors to sign onto a bill to regarding requirements for the use of absentee ballot drop boxes. The proposal comes after the State Supreme Court issued a ruling July 5, 2024, reinstating the use of absentee ballot drop boxes.

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Details from Knodl are below.

DATE: July 16, 2024                

TO: All Legislators

FROM: Sen. Dan Knodl & Rep. Scott Krug

RE: Co-Sponsorship of LRB-6157/1, Relating to: requirements for the use of absentee ballot drop boxes.

SHORT DEADLINE:  Monday, July 22, 2024 at 4:00 P.M.

In light of the recent ruling by the Wisconsin State Supreme Court on July 5, 2024 to overturn the Court’s previous ruling from two years ago regarding absentee ballot drop boxes, we are introducing legislation to put parameters around this newly created Court law.

As you know, there is no state statute authorizing absentee ballot drop boxes. In fact, Wisconsin Statute § 6.87 (4) expressly states what to do with an absentee ballot: “The envelope shall be mailed by the elector, or delivered in person, to the municipal clerk issuing the ballot or ballots.”

Consequently, there are no statutory safeguards in place around the use of drop boxes. The Wisconsin Elections Commission has created guidance for clerks, but this is non-binding.

The proposed legislation will begin the process of regulating this procedure for our state’s voters. This proposal requires continuous video surveillance of the drop box should a clerk choose to use one.

It also requires any removal and transfer of ballots to be under escort of law enforcement. This bill will add another layer of transparency to our voting process and will be another tool for election security.

If you would like to co-sponsor this bill, please reply to this email or contact the office of Sen. Knodl or Rep. Krug no later than Monday, July 22, 2024 at 4:00 P.M. 


Analysis by the Legislative Reference Bureau
 

Current law includes a requirement that an absentee ballot must be sealed in the return envelope and mailed by the voter, or delivered in person, to the municipal clerk issuing the ballot.

In Priorities USA v. Wis. Elections Commission, 2024 WI 32, the Wisconsin Supreme Court held that requirement allows the use of absentee ballot drop boxes.

Under this bill, if a municipal clerk authorizes one or more drop boxes for the return of absentee ballots, each drop box must be under continuous video surveillance, the video surveillance must be live-streamed on the municipality’s website, and the municipal clerk must retain the surveillance recording for  22 months following the election.

Additionally, the bill requires that the removal of all absentee ballots from each such drop box and transfer of the ballots to the office of the municipal clerk or designated alternate site must be under the continuous personal supervision of a law enforcement officer.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

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