Michigan law requires an absent voter ballot application to include specific instructions for how an elector can vote and return their absentee ballot. Mich. Comp. Laws § 168.759(8). Michigan voters are not limited to using the absent voter ballot application and may also request an absent voter ballot by written request or by federal postcard application. For the latter type of voter, it is not clear whether an election official is required to furnish the voter with the instructions specified by § 168.759(8). However, it can be assumed that most Michigan voters do utilize the absent voter ballot application, either by paper or online, in which case anyone printing or distributing that application must include a copy of the instructions prescribed by the Michigan Legislature.
Minnesota law requires the county auditor or municipal clerk to include “a copy of the directions for casting an absentee ballot to each applicant whose application for absentee ballots is accepted…” Minn. Stat. § 203B.07, subdivision 1 (2023). An administrative code provision further specifies the content and form of the absentee voting directions required by § 203B.07, subdivision 1. Minn. R. 8210.0500 (2024). That administrative code provision is captioned “Required Instructions,” which implies that no other version of absentee voting instructions is permitted. The substance of Minnesota’s absentee voting directions differs from what the Commission has prescribed, but the requirement that local officials utilize a version of instructions that has been approved by state level officials is the same.
Summary of Factual Data and Analytical Methodologies
Commission staff did not perform empirical analysis for this rule, but the rule was proposed as a result of feedback provided by municipal and county clerks, as well as feedback from the public. Commission staff informally collected anecdotal evidence, which highlighted a concern that voters in various municipalities were receiving inconsistent absentee voting instructions across the state.
Analysis and Supporting Documents used to Determine Effect on Small Business
There is no anticipated effect on small business. No specific analysis was performed for the fiscal estimate, nor were any supporting documents generated, because there is no anticipated effect on any fiscal liabilities and revenue, and no anticipated costs to be incurred by the private sector.
Agency Contact Person:
Angela O’Brien Sharpe, Staff Attorney
Wisconsin Elections Commission
201 West Washington Avenue
P.O. Box 7984
Madison, WI 53707-7984
Telephone: 608-264-6764
RULE TEXT
SECTION 1. EL 6.05 is created to read:
6.05(1) General. A municipality is not permitted to provide absentee electors with any version of uniform instructions that has not been prescribed by the commission pursuant to s. 6.869 or to represent that any additional administrative or logistical instructions are the uniform instructions being provided or required in accordance with s. 6.869. 6.05(1)(a) As used in this section, “uniform instructions” mean those that are prescribed by the commission pursuant to s. 6.869. The commission has prescribed four versions of uniform instructions, which are numbered EL-128, EL-128CC, EL-128U, and EL 128-UP, as well as Spanish translations of those forms, which use the same form numbers but end in ‘S’. 6.05(2) Exceptions.
6.05(2)(a) Nothing in subsection (1) above shall be interpreted to restrict a municipality’s ability to provide administrative or logistical instructions to absentee electors in addition to the uniform instructions, provided the additional instructions do not conflict with the commission’s uniform instructions or otherwise violate state or federal law.
6.05(2)(b) In this section, additional administrative or logistical instructions conflict with the commission’s versions of the uniform instructions if they provide information that is inconsistent with or contrary to the substantive procedures for completing and returning an absentee ballot. Additional administrative or logistical instructions also conflict with the commission’s versions of the uniform instructions if they provide details regarding the substantive procedures for completing and returning an absentee ballot that have not been prescribed by the commission.
6.05(2)(c) If a municipality elects to provide administrative or logistical instructions pursuant to 6.05(2)(a) in addition to the uniform instructions, those instructions cannot be added to any page containing the commission’s uniform instructions, including the blank reverse side of any page. They must appear on a separate, independent page to distinguish them from the versions of the uniform instructions that have been prescribed by the commission pursuant to s. 6.869. 6.05(2)(d) Nothing in subsection (1) above shall be interpreted to restrict a municipality’s ability to complete the “Municipal Clerk Contact Information” section on the versions of the uniform instructions that have been prescribed by the commission.
6.05(3) Enforcement.
6.05(3)(a) This rule may be enforced pursuant to an administrative complaint brought under ss. 5.06 or 5.05. 6.05(3)(b) This rule may be enforced through an action or proceeding to test the validity of any decision, action or failure to act on the part of any election official with respect to any matter specified in s. 5.06(1) provided that the condition in s. 5.06(2) is also satisfied.
