Senate GOP leader floats changes to military voting, state elections chair considering proposals to limit fraud

 

MADISON Wis. (CBS 58) -- After a former Milwaukee election official was charged with fraud for illegally requesting military absentee ballots days before the November election, Senate Majority Leader Devin LeMahieu said he supports making changes to the state's military ballot system after dismissing the idea weeks ago.

Sen. LeMahieu (R-Oostburg) said he wants to explore ways to make it harder for individuals to fraudulently request military ballots in the next legislative session.

"I think that's something we should definitely look into," LeMahieu said in an interview with CBS 58. "There's sort of a weakness exposed in the system."

Last month, the Republican leader said he had no plans to address military voting when asked if lawmakers should consider changes. In response to why he had second thoughts, LeMahieu said, "sometimes you change your mind."

Some state election officials are also considering ways to limit military ballot fraud.

It comes in wake of Kimberly Zapata, the former deputy director of the Milwaukee Election Commission, who is accused of using the state election website to send three military absentee ballots to State Rep. Janel Brandtjen (R-Menomonee Falls).

Zapata told prosecutors she was trying to highlight vulnerabilities in the election system, according to a criminal complaint. She was charged with a felony count for misconduct in office and three counts of election fraud for making false statements to obtain a ballot. Zapata recently pleaded not guilty.

Under current law, military voters don't have to register or provide a photo ID in order to request an absentee ballot. They do have to provide their name, address and date of birth on the Wisconsin MyVote system, which is used to request ballots.

Any changes to how military personnel request absentee ballots would require action by lawmakers and need approval from Gov. Tony Evers. Members on the state Elections Commission could also vote on recommendations for the Legislature to review.

Don Millis, the Republican chair of the elections commission, said he's considering proposals to require military voters to be registered and allow them the option to vote online to avoid lengthy mailing delays overseas. 

"It's something I would like to explore," Millis said. "It would help avoid fraud and it would enable more of our military voters to vote."

Millis said he plans to introduce his ideas to the commission, which consists of three Democrats and three Republicans, sometime in February during discussions about legislative proposals.

"The plan is to come up with proposals that are achievable that both parties can agree upon," said Millis. "If we can agree, hopefully that can provide something the Legislature can work on."

Michigan recently enacted a law for active duty military members to return ballots electronically. It creates an option for military members to send ballots to their local clerk by using their U.S. Department of Defense verified electronic signature, which is stored on a service member's common access card. It's used to verify their identity on government devices and could also be used as an electronic signature for absentee ballots.

Federal law does not require overseas and military members to provide a photo ID. Millis believes there's a pathway for a secure online option to vote absentee without breaking federal laws.

Assembly Speaker Robin Vos (R-Rochester) said he's open to improving election laws while protecting military members' right to vote.

“I continue to support protecting the votes of those who serve and ensuring they can easily vote while guaranteeing the integrity of the election system," Vos said in a statement.

The number of military ballots requested each election are relatively small, according to WEC. On average it's about 2,800 or 0.07% of the total number of ballots requested during the last two midterm elections.

Senate Minority Leader Melissa Agard (D-Madison) doesn't believe upgrades to the state's absentee ballot system are necessary because individuals who commit voter fraud are caught relatively quickly, she said.

"As soon as these folks nefariously requested ballots knowing they were breaking the law intentionally they were caught. The system is working," Agard said.

Last year, Republican lawmakers introduced a series of bills that would have overhauled elections due to frustration and concerns over Joe Biden narrowly defeating Donald Trump in the 2020 presidential election.

Gov. Evers vetoed over a dozen of those GOP bills which addressed absentee ballot certificates, limiting who can claim indefinitely confined status, private election grants, the use of ballot drop boxes, and much more.

LeMahieu said he has no plans to reintroduce those bills this year.

"I don't think it makes sense to do a whole series of election bills just to get vetoed," LeMahieu said.