State to change overseas ballot access to avoid sanctions

MADISON - Wisconsin elections officials agreed Thursday to allow all residents who are overseas to get ballots electronically to avoid sanctions threatened by the federal government.

Federal law requires overseas voters to get their ballots electronically, such as by fax or email. Wisconsin allows that practice for those who are permanently living overseas, but not those who are temporarily in other countries, such as those who are on vacation or work assignments.

The U.S. Department of Justice contends the state must make the ballots available electronically for all overseas voters, whether they are out of the United States temporarily or permanently. In addition, the department maintains that all overseas voters must be allowed to use the federal write-in absentee ballot, a downloadable, fillin-the-blank form that is meant to be

used when voters can’t get regular ballots in time for an election.

John Gore, the head of the U.S. Department of Justice’s Civil Rights Division, told the state in a letter this month his agency planned to sue the state but hoped to quickly reach a settlement.

“With the 2018 federal election cycle fast approaching, it is important that this matter be resolved promptly so that all eligible overseas citizens can exercise their right to vote as guaranteed by (federal law),” he wrote in a May 9 letter to Wisconsin Attorney General Brad Schimel.

The Elections Commission voted 5-0 Thursday to accept a consent decree that would resolve the matter.

Under the consent decree, the state would be required to allow all overseas voters to get ballots electronically and to use federal write-in absentee ballots. The commission would also have to alert local clerks to the changes, publicize the new policies on its website and assist in changing state law to permanently resolve the issue.

Once the consent decree is finalized, it will be filed in federal court. It will take effect if approved by a judge.

The Assembly in February passed Assembly Bill 947 to address the issue, but the Senate ended the legislative session for the year without taking it up.

Lawmakers are not expected to consider the issue again until next year. In the meantime, the U.S. Department of Justice wants to address the issue for the Aug. 14 primary and Nov. 6 general election.

Under state law, those who are overseas temporarily can vote in all elections for local, state and federal offices. Those permanently overseas can vote only for candidates for federal offices.

State law defines temporary overseas voters as those who plan to return to Wisconsin. They include those who are on vacation as well as people who are living overseas for years.

Permanent overseas voters are those who have a connection to Wisconsin but don’t plan to return to the state.