Wisconsin Senate Bill SB738

Wisconsin 2025-2026 Regular Session

• Introduced: 12/12/25
• Refer: 12/12/25
• Failed: 3/23/26

Caption

An Act to create 12.60 (1) (am) of the statutes; Relating to: using an absentee ballot drop box or the U.S. mail or a commercial carrier to commit election fraud and providing a penalty.

Impact

The bill's introduction is a notable attempt to deter election fraud by imposing stricter penalties for actions that could compromise the electoral system. If passed, this measure will amend current statutes to include absentee ballots and the methods of their transportation as a focus for criminal penalties. This could potentially lead to an increased prevalence of legal actions against individuals engaged in such fraudulent activities, signaling a legislative commitment to safeguarding elections in Wisconsin.

Summary

Senate Bill 738, introduced in the 2025-2026 Legislative session, addresses the issue of election fraud specifically related to the use of absentee ballot drop boxes, the U.S. mail, or commercial carriers. The bill proposes creating a new Class H felony for individuals who use these methods to commit election fraud, which, under existing law, is only classified as a Class I felony for broader fraudulent activities. This legislative change aims to enhance the severity of penalties associated with election-related offenses, thereby reinforcing the integrity of the electoral process.

Contention

Notable points of contention surrounding SB738 could arise regarding the balance between ensuring electoral integrity and protecting voter access. Critics might argue that imposing harsher penalties for using ballots in specific ways could disproportionately affect certain populations, particularly those who heavily rely on alternative voting methods. Hence, the debate may center on whether the bill is an effective measure for preventing fraud, or if it could inadvertently create barriers to voting, raising discussions on civil rights and access to the electoral process.