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WI SB738

WI SB738
Using 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
In Committee
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)

Last Action

Read first time and referred to Committee on Government Operations, Labor and Economic Development (on 12/12/2025)

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