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Bill > SB738
WI SB738
WI SB738Using an absentee ballot drop box or the U.S. mail or a commercial carrier to commit election fraud and providing a penalty.
summary
Introduced
12/12/2025
12/12/2025
In Committee
12/12/2025
12/12/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
Under current law, the severest punishment for election fraud is generally 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. Generally, mail fraud is punishable as a Class H felony, the penalty for which is a fine not to exceed $10,000 or imprisonment not to exceed six years, or both. Under this bill, it is a Class H felony to use an absentee ballot drop box or the U.S. mail or a commercial carrier in the course of committing election fraud. 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.
AI Summary
This bill creates a new criminal provision that specifically makes it a Class H felony to use an absentee ballot drop box, the U.S. mail, or a commercial carrier while committing election fraud. Under existing Wisconsin law, election fraud (referenced in statute section 12.13) is typically punishable as a Class I felony, which carries a maximum penalty of a $10,000 fine or 3.5 years in prison. By elevating the offense to a Class H felony when specific delivery methods are used, the bill increases the potential punishment to a maximum of six years in prison or a $10,000 fine. The bill appears designed to add an additional legal deterrent and potential criminal penalty for individuals who might attempt to manipulate election processes by using mail, drop boxes, or commercial carriers as a means to commit election fraud. The proposed legislation is relatively straightforward, creating a new subsection in Wisconsin's statutes that specifically addresses the method of committing election-related criminal activities.
Committee Categories
Business and Industry
Sponsors (14)
Cory Tomczyk (R)*,
Van Wanggaard (R)*,
Eric Wimberger (R)*,
Elijah Behnke (R),
Barbara Dittrich (R),
Rick Gundrum (R),
Brent Jacobson (R),
Joel Kitchens (R),
Dan Knodl (R),
Clint Moses (R),
Dave Murphy (R),
Jerry O'Connor (R),
Jim Piwowarczyk (R),
David Steffen (R),
Last Action
Read first time and referred to Committee on Government Operations, Labor and Economic Development (on 12/12/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/sen/bill/sb738 |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/SB738.pdf |
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