SB159: Bill Text

SB159,10,6 5.35 (6) (d) As an alternative to any posting requirement under this subsection, the commission may authorize another means of providing notice to affected electors of the information specified in this subsection if the commission determines that the alternative means of providing the information is at least as effective as posting. Any authorization under this paragraph shall be in writing and shall specify the particular alternative means of notification that may be used.

SB159,14 Section 14 . 6.256 of the statutes is created to read:

SB159,10,13 6.256 Commission shall facilitate registration of electors. (1) Except as provided for electors specified in sub. (8) and as otherwise expressly provided, the commission shall use all feasible means to facilitate the registration of all eligible electors of this state who are subject to a registration requirement and the maintenance of the registration of all eligible electors for so long as they remain eligible.

SB159,10,17 (2) Subject to s. 343.14 (2p) (b), for the purpose of carrying out its functions under sub. (1), the commission shall obtain the following information from the department of transportation, to the extent that the department has the information:

SB159,10,21 (a) The full name of each individual who holds a current operator's license issued to the individual under ch. 343 or a current identification card issued to the individual under s. 343.50, together with the following information pertaining to that individual:

SB159,10,23 1. The current address of the individual together with any address history and any name history maintained by the department of transportation.

SB159,10,24 2. The date of birth of the individual.

SB159,10,25 3. The number of the license or identification card issued to the individual.

SB159,11,5 4. A copy of the document that the applicant provided as proof of citizenship and a statement from the department of transportation indicating that the department verified the applicant's citizenship. For purposes of this subdivision, the applicant shall provide a document that meets the requirements under 42 USC 1320b-7 (d).

SB159,11,8 (b) For each item of information specified in this subsection, the most recent date that the item of information was provided or obtained by the department of transportation.

SB159,11,17 (3) The commission shall compare the information obtained under sub. (2) with the information in the registration list under s. 6.36 (1) (a). If the commission finds discrepancies between the information obtained under sub. (2) regarding an elector and the information in the registration list under s. 6.36 (1) (a) regarding that same elector, the commission shall contact the elector by mail or telephone or in person to resolve the discrepancies. If the commission is able to resolve the discrepancies after contacting the elector, the commission shall update the information on the registration list. If the commission is unable to contact the elector, the commission shall resolve any discrepancies in favor of the information in the registration list.

SB159,12,5 (4) Except as provided in this subsection and sub. (8), if the commission concludes that an individual appears eligible to vote in this state but is not registered, and the commission has obtained from reliable sources all the information required under s. 6.33 (1) to complete the individual's registration, the commission shall enter the individual's name on the registration list. If the commission has not obtained from reliable sources all the information pertaining to an individual that is required under s. 6.33 (1), the commission shall attempt to obtain from reliable sources the necessary information under s. 6.33 (1) that is required to complete the individual's registration. If a municipality has changed the status of an elector from eligible to ineligible under s. 6.50 (2) and the elector's eligibility, name, or residence has not changed, the commission may not change the individual's name to eligible status unless the commission first verifies that the individual is eligible and wishes to change his or her status to eligible.

SB159,12,8 (5) The commission shall attempt to contact an individual described in sub. (4) if necessary to obtain all the information specified in s. 6.33 (1) pertaining to the individual that is required to complete the individual's registration.

SB159,12,11 (6) If the commission is able to obtain all the required information specified in s. 6.33 (1) pertaining to an individual, the commission shall enter the name of the individual on the registration list maintained under s. 6.36 (1) (a).

SB159,12,16 (7) The commission shall mail a notice to each individual whose name the commission enters under sub. (6) on the registration list maintained under s. 6.36 (1) (a). The notice shall be printed in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the commission, and shall include all of the following:

SB159,12,19 (a) A statement informing the individual that his or her name has been entered on the registration list and showing the current address for the individual based on the commission's records.

SB159,12,21 (b) A statement informing the individual that he or she may request to have his or her name deleted from the registration list and instructions for doing so.

SB159,12,22 (c) Instructions for notifying the commission of a change in name or address.

SB159,12,24 (d) Instructions for obtaining a confidential listing under s. 6.47 (2) and a description of how an individual qualifies for a confidential listing.

SB159,13,12 (8) Any individual may file a request with the commission to exclude his or her name from the registration list. Any individual whose name is added to the registration list by the commission may file a request with the commission or a municipal clerk to have his or her name deleted from the list. A request for exclusion or deletion shall be filed in the manner prescribed by the commission. An individual who files an exclusion or deletion request under this subsection may revoke his or her request by the same means that an individual may request an exclusion or deletion. The commission shall ensure that the name of any individual who has filed an exclusion or deletion request under this subsection is excluded from the registration list or, if the individual's name appears on the list, is removed from the registration list and is not added to the list at any subsequent time unless the individual files a revocation of his or her request under this subsection.

SB159,13,20 (9) If the commission removes from the registration list the name of an elector who does not request that his or her name be deleted, other than to correct an entry that the commission positively determines to be a duplication or to change the name of an individual who is verified to be deceased to ineligible status, the commission shall mail the individual a notice of the removal or change in status by 1st class postcard at the individual's last-known address. The notice shall provide that the individual may apply to have his or her status changed to eligible if he or she is a qualified elector.

SB159,13,23 (10) The commission shall attempt to facilitate the initial registration of all eligible electors, except as otherwise provided in this section, no later than July 1, 2023.

SB159,14,2 (11) The commission shall maintain the confidentiality of all information obtained from the department of transportation under sub. (2) and may use this information only for the purpose of carrying out its functions under sub. (1) and s. 6.34 (2m) and in accordance with the agreement under s. 85.61 (1).

SB159,15 Section 15 . 6.29 (2) (e) of the statutes is created to read:

SB159,14,7 6.29 (2) (e) The municipal clerk or clerk's agent shall promptly add the names of qualified electors who register and vote under this section to the registration list. The clerk or clerk's agent shall add the names of qualified electors who vote at their polling places in the manner prescribed in s. 6.33 (5) (a).

SB159,16 Section 16 . 6.33 (2) (a) of the statutes is amended to read:

SB159,14,19 6.33 (2) (a) All information may be recorded by any person, except that the clerk shall record the ward and aldermanic district, if any, other geographic information under sub. (1), the indication of whether the registration is received by mail, and the type of identifying document submitted by the elector as proof of residence under s. 6.34 or the indication of verification of information in lieu of proof of residence under s. 6.34 (2m). Except as provided in s. 6.30 (5), each elector shall sign his or her own name unless the elector is unable to sign his or her name due to physical disability. In such case, the elector may authorize another elector to sign the form on his or her behalf. If the elector so authorizes, the elector signing the form shall attest to a statement that the application is made upon request and by authorization of a named elector who is unable to sign the form due to physical disability.

SB159,17 Section 17 . 6.35 (3) of the statutes is amended to read:

SB159,14,25 6.35 (3) Original Except for electronic registrations, original registration forms shall be maintained in the office of the municipal clerk or board of election commissioners at all times. The commission shall maintain electronic registration forms and make such forms available for inspection by the municipal clerk, the clerk's designated agent, or the board of election commissioners.

SB159,18 Section 18. 6.86 (1) (b) of the statutes is amended to read:

SB159,16,4 6.86 (1) (b) Except as provided in this section, if application is made by mail, the application shall be received no later than 5 p.m. on the 5th day immediately preceding the election. If application is made in person, the application shall be made no earlier than 14 days preceding the election and no later than the Sunday preceding the election. No application may be received on a legal holiday. A municipality shall specify the hours in the notice under s. 10.01 (2) (e). The municipal clerk or an election official shall witness the certificate for any in-person absentee ballot cast. Any elector waiting to cast an in-person absentee ballot at the time the municipal clerk's office officially closes on the last day for which such ballots may be cast, whether the elector is waiting within or in the line outside the municipal clerk's office, shall be permitted to cast his or her in-person absentee ballot. Except as provided in par. (c), if the elector is making written application for an absentee ballot at the partisan primary, the general election, the presidential preference primary, or a special election for national office, and the application indicates that the elector is a military elector, as defined in s. 6.34 (1), the application shall be received by the municipal clerk no later than 5 p.m. on election day. If the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then witness the voting procedure as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk as required in s. 6.88. If application is made under sub. (2) or (2m), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

SB159,19 Section 19 . 6.86 (3) (c) of the statutes is amended to read:

SB159,16,25 6.86 (3) (c) An application under par. (a) 1. may be made and a registration form under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier than 7 days before an election and not later than 5 p.m. on the day of the election. A list of hospitalized electors applying for ballots under par. (a) 1. shall be made by the municipal clerk and used to check that the electors vote only once, and by absentee ballot. If Except as provided in s. 6.34 (2m), if the elector is registering for the election after the close of registration or if the elector registered by mail and has not voted in an election in this state, the municipal clerk shall inform the agent that proof of residence under s. 6.34 is required and the elector shall enclose proof of residence under s. 6.34 in the envelope with the ballot. The clerk shall verify that the name on any required proof of identification presented by the agent conforms to the name on the elector's application. The clerk shall then enter his or her initials on the carrier envelope indicating that the agent presented proof of identification to the clerk. The agent is not required to enter a signature on the registration list. The ballot shall be sealed by the elector and returned to the municipal clerk either by mail or by personal delivery of the agent; but if the ballot is returned on the day of the election, the agent shall make personal delivery to the polling place serving the hospitalized elector's residence before the closing hour or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk no later than 8 p.m. on election day.

SB159,20 Section 20. 7.08 (3) (d) to (g) of the statutes are created to read:

SB159,17,2 7.08 (3) (d) Be written in clear, unambiguous language.

SB159,17,3 (e) Be indexed by subject.

SB159,17,5 (f) Contain specific examples of common problems encountered at polling places on election day and detailed, specific procedures for resolving those problems.

SB159,17,6 (g) Include an explanation of all of the following:

SB159,17,8 1. Laws and rules governing solicitation by individuals and groups at a polling place.

SB159,17,10 2. Procedures to be followed with respect to electors whose names do not appear on the registration list.

SB159,17,12 3. Procedures to be followed with respect to electors attempting to vote on election day who have cast an absentee ballot in the election.

SB159,17,14 4. Procedures for assisting voters who need help due to language barriers or disabilities.

SB159,17,15 5. Proper operation of any electronic voting system used at a polling place.

SB159,17,16 6. Procedures for handling ballots.

SB159,17,17 7. Procedures governing spoiled ballots.

SB159,17,18 8. Procedures to be followed after a polling place closes.

SB159,17,19 9. Rights of electors at the polls.

SB159,17,20 10. Procedures for handling emergency situations.

SB159,17,21 11. Procedures for handling and processing provisional ballots.

SB159,17,22 12. Security procedures.

SB159,21 Section 21. 7.08 (13) of the statutes is created to read:

SB159,18,2 7.08 (13) Remedies for deceptive election practices. Disseminate through the Internet and radio, television, and newspaper advertisements information concerning complaint procedures and remedies for deceptive election practices under s. 12.17.

SB159,22 Section 22. 7.08 (14) of the statutes is created to read:

SB159,18,9 7.08 (14) Withhold personal information provided to commission. Withhold from public inspection under s. 19.35 (1) the telephone number and electronic mail address of any elector who voluntarily provides that information to the commission or to a county or municipal clerk. The commission may transfer the information to any official or employee who has access to the information in the registration list under s. 6.36 (1) (b) 1. a. to be used for the administration of elections.

SB159,23 Section 23. 7.10 (11) of the statutes is created to read:

SB159,18,16 7.10 (11) Withhold personal information provided to clerk. The county clerk shall withhold from public inspection under s. 19.35 (1) the telephone number and electronic mail address of any elector who voluntarily provides that information to the clerk or to the commission or a municipal clerk. The county clerk may transfer the information to any official or employee who has access to the information in the registration list under s. 6.36 (1) (b) 1. a. to be used for the administration of elections.

SB159,24 Section 24. 7.15 (16) of the statutes is created to read:

SB159,18,23 7.15 (16) Withhold personal information provided to clerk. The municipal clerk shall withhold from public inspection under s. 19.35 (1) the telephone number and electronic mail address of any elector who voluntarily provides that information to the clerk or to the commission or a county clerk. The municipal clerk may transfer the information to any official or employee who has access to the information in the registration list under s. 6.36 (1) (b) 1. a. to be used for the administration of elections.

SB159,25 Section 25. 12.09 (1) of the statutes is amended to read:

SB159,19,4 12.09 (1) No person may personally or through an agent make use of or threaten to make use of force, violence, or restraint , or any tactic of coercion or intimidation in order to induce or compel any person to vote or refrain from voting or to refrain from registering to vote at an election.

SB159,26 Section 26. 12.09 (3) of the statutes is amended to read:

SB159,19,10 12.09 (3) No person may personally or through an agent, by make use of or threaten to make use of force, violence, restraint, or any act tactic of coercion or intimidation in order to compel, induce, or prevail upon an elector either to vote or refrain from voting at any election for or against a particular candidate or question at a referendum.

SB159,27 Section 27 . 12.17 of the statutes is created to read:

SB159,19,13 12.17 Deceptive election practices. (1) In this section, “election-related information" means information concerning any of the following:

SB159,19,14 (a) The date, time, place, or manner of conducting an election.

SB159,19,17 (b) The qualifications for or restrictions on the eligibility of electors voting at an election, including any criminal penalties associated with voting in an election or a voter's registration status or eligibility.

SB159,19,18 (c) The explicit endorsement by any person of a candidate at an election.

SB159,19,21 (2) No person, whether acting under color of law or otherwise, may intentionally induce another person to refrain from registering or voting at an election by knowingly providing that person with false election-related information.

SB159,19,24 (3) Any person who is aggrieved by an alleged violation of sub. (2) may bring an action for injunctive relief in circuit court for the county where the violation is alleged to occur.

SB159,20,3 (4) Any person may file a verified complaint with the commission alleging facts that the person believes to constitute a violation of sub. (2). The complaint shall be filed under s. 5.05 (2m) (c).

SB159,20,12 (5) (a) Notwithstanding s. 5.05 (2m) (c), the commission shall promptly review each complaint received under sub. (4), and if the commission finds that the facts alleged in the complaint, if true, would constitute a violation of sub. (2), the commission shall promptly investigate the complaint. Notwithstanding s. 5.05 (2m) (c) 11., if the commission finds that a violation of sub. (2) has occurred or is occurring, the commission shall take all measures necessary to provide correct information to electors who may have been deceived by the actions of the alleged violator, and shall refer the matter to the appropriate authority for prosecution in accordance with ss. 5.05 (2m) (i) and 12.60 (4).

SB159,20,14 (b) The commission shall promulgate rules concerning the methods and means of providing corrective information to electors under par. (a).

SB159,20,21 (6) (a) No later than 90 days after each each general election, the commission shall report to the chief clerk of each house of the legislature for referral to the appropriate standing committees under s. 13.172 (2) concerning any complaints under sub. (4) that were acted upon or referred by the commission under sub. (5) during the period beginning with the date of the 2nd preceding general election and ending with the preceding general election. Except as provided in par. (b), the report shall include all of the following:

SB159,20,23 1. A description of the alleged deceptive election practices that were the subject of each complaint.

SB159,20,25 2. Any corrective measures taken by the commission with regard to the subject matter of each complaint.

SB159,21,2 3. The commission's evaluation of the effectiveness of those corrective measures.

SB159,21,4 4. The status of any prosecution relating to the subject matter of each complaint.

SB159,21,6 5. A compilation of the number and types of allegations made that were acted upon or referred by the commission under sub. (5).

SB159,21,8 6. The locations and segments of the population that were affected by the alleged deceptive election practices.

SB159,21,9 7. The status of any investigations conducted by the commission under sub. (5).

SB159,21,12 (b) The commission may exclude from the report under par. (a) any information that, if disclosed, would interfere with a pending investigation of a violation of the law.

SB159,21,14 (c) The commission shall post a copy of each report submitted under this subsection on the Internet.

SB159,28 Section 28 . 12.19 of the statutes is created to read:

SB159,21,19 12.19 Voter suppression. No person may knowingly attempt to prevent or deter another person from voting or registering to vote based upon fraudulent, deceptive, or spurious grounds or information. Violations of this section include any of the following:

SB159,21,21 (1) Challenging another person's right to register or vote at an election based upon information the person knows is false.

SB159,21,23 (2) Attempting to induce another person to refrain from registering or voting by providing that person with information the person knows is false.

SB159,29 Section 29. 12.60 (1) (a) of the statutes is amended to read:

SB159,22,2 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony.

SB159,30 Section 30 . 12.60 (1) (am) of the statutes is created to read: