SB943: Bill Text

LRB-5518/1

MPG:amn

2023 - 2024 LEGISLATURE

2023 Senate BILL 943

January 19, 2024 - Introduced by Senators Smith, Spreitzer, Agard and Roys, cosponsored by Representatives Haywood, Snodgrass, Ortiz-Velez, Neubauer, Emerson, Conley, Joers, J. Anderson, Ratcliff, Ohnstad, Stubbs, Subeck, Moore Omokunde, Jacobson and Madison. Referred to Committee on Shared Revenue, Elections and Consumer Protection.

SB943,1,4 An Act to amend 6.02 (1), 6.02 (2), 6.10 (3), 6.10 (4), 6.15 (1), 6.15 (2) (a), 6.18 (form), 6.22 (7), 6.29 (2) (a), 6.55 (2) (a) (form), 6.85 (2), 6.87 (2) (form), 6.94 and 7.52 (5) (b) of the statutes; relating to: residency requirement for purposes of voting.

Analysis by the Legislative Reference Bureau

Under current law, with limited exceptions, an otherwise eligible voter must be a resident of Wisconsin and of the municipality and ward, if any, where the voter is voting for 28 days before an election in order to vote in the election in that municipality and ward. This bill shortens that residency requirement from 28 days to 10 days.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB943,1 Section 1. 6.02 (1) of the statutes is amended to read:

SB943,1,8 6.02 (1) Every U.S. citizen age 18 or older who has resided in an election district or ward for 28 10 consecutive days before any election where the citizen offers to vote is an eligible elector.

SB943,2 Section 2. 6.02 (2) of the statutes is amended to read:

SB943,2,6 6.02 (2) Any U.S. citizen age 18 or older who moves within this state later than 28 10 days before an election shall vote at his or her previous ward or election district if the person is otherwise qualified. If the elector can comply with the 28-day 10-day residence requirement at the new address and is otherwise qualified, he or she may vote in the new ward or election district.

SB943,3 Section 3. 6.10 (3) of the statutes is amended to read:

SB943,2,15 6.10 (3) When an elector moves his or her residence from one ward or municipality to another ward or municipality within the state at least 28 10 days before the election, the elector may vote in and be considered a resident of the new ward or municipality where residing upon registering at the proper polling place or other registration location in the new ward or municipality under s. 6.55 (2) or 6.86 (3) (a) 2. If the elector moves his or her residence later than 28 10 days before an election, the elector shall vote in the elector's former ward or municipality if otherwise qualified to vote there.

SB943,4 Section 4. 6.10 (4) of the statutes is amended to read:

SB943,3,2 6.10 (4) The residence of an unmarried person sleeping in one ward and boarding in another is the place where the person sleeps. The residence of an unmarried person in a transient vocation, a teacher or a student who boards at different places for part of the week, month, or year, if one of the places is the residence of the person's parents, is the place of the parents' residence unless through registration or similar act the person elects to establish a residence elsewhere. If the person has no parents and if the person has not registered elsewhere, the person's residence shall be at the place that the person considered his or her residence in preference to any other for at least 28 10 consecutive days before an election. If this place is within the municipality, the person is entitled to all the privileges and subject to all the duties of other citizens having their residence there, including voting.

SB943,5 Section 5. 6.15 (1) of the statutes is amended to read:

SB943,3,9 6.15 (1) Qualifications. Any person who was or who is an eligible elector under ss. 6.02 and 6.03, except that he or she has been a resident of this state for less than 28 10 consecutive days prior to the date of the presidential election, is entitled to vote for the president and vice president but for no other offices. The fact that the person was not registered to vote in the state from which he or she moved does not prevent voting in this state if the elector is otherwise qualified.

SB943,6 Section 6. 6.15 (2) (a) of the statutes is amended to read:

SB943,3,18 6.15 (2) (a) The elector's request for the application form may be made in person to the municipal clerk of the municipality where the person resides. Application may be made not sooner than 27 9 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in the ward or election district in which the elector resides. If an elector makes application before election day, the application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form:

SB943,3,19 STATE OF WISCONSIN

SB943,3,20 County of ....

SB943,4,6 I, ...., do solemnly swear that I am a citizen of the United States; that prior to establishing Wisconsin residence, my legal residence was in the .... (town) (village) (city) of ...., state of ...., residing at .... (street address); that on the day of the next presidential election, I shall be at least 18 years of age and that I have been a legal resident of the state of Wisconsin since ...., .... (year), residing at .... (street address), in the [.... ward of the .... aldermanic district of] the (town) (village) (city) of ...., county of ....; that I have resided in the state less than 28 10 consecutive days, that I am qualified to vote for president and vice president at the election to be held November ...., .... (year), that I am not voting at any other place in this election and that I hereby make application for an official presidential ballot, in accordance with section 6.15 of the Wisconsin statutes.

SB943,4,7 Signed ....

SB943,4,8 P.O. Address ....

SB943,4,9 Subscribed and sworn to before me this .... day of ...., .... (year)

SB943,4,10 ....(Name)

SB943,4,11 ....(Title)

SB943,7 Section 7. 6.18 (form) of the statutes is amended to read:

SB943,4,16 6.18 (form) This form shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

SB943,4,17 APPLICATION FOR PRESIDENTIAL

SB943,4,18 ELECTOR'S ABSENTEE BALLOT

SB943,4,19 (To be voted at the Presidential Election

SB943,4,20 on November ...., .... (year)

SB943,5,4 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 28 10 consecutive days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

SB943,5,5 Signed ....

SB943,5,6 Address ....(Present address)

SB943,5,7 ....(City) ....(State)

SB943,5,8 Subscribed and sworn to before me this .... day of .... .... (year)

SB943,5,9 ....(Notary Public, or other officer authorized to administer oaths.)

SB943,5,10 ....(County)

SB943,5,11 My Commission expires

SB943,5,12 MAIL BALLOT TO:

SB943,5,13 NAME ....

SB943,5,14 ADDRESS ....

SB943,5,15 CITY .... STATE .... ZIP CODE ....

SB943,5,20 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for not more than 6 months or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months or both.

SB943,5,21 ....(Municipal Clerk)