SB159: Bill Text

8. Cast a provisional ballot as provided by law.

9. Have the voter's ballot counted accurately.

10. Vote free from coercion or intimidation.

11. Report any illegal or fraudulent election activity.

Polling place posting and language requirements

Currently, municipal clerks and boards of election commissioners are directed by law to post specified materials at each polling place. Currently, the Elections Commission is also directed to ensure that in any jurisdiction in this state that is required under federal law to provide voting materials in a language other than English, the voting system used in that jurisdiction is in compliance with federal law.

This bill permits the commission to authorize another means of providing notice to electors of the information required to be posted if the commission determines that the alternative means of providing notice is at least as effective as posting.

The bill also requires that at each polling place located in a jurisdiction that is required under federal law to provide voting materials in a language other than English, all required postings must be made in that language as well as in English unless otherwise permitted by the commission. In addition, the bill directs the municipal clerk or board of election commissioners of any such jurisdiction to contact and coordinate with organizations that advocate for the rights of individuals who speak that language to ensure that each polling place in the jurisdiction adequately serves the needs of these individuals, and to endeavor to ensure that at least one of the election officials who serves at each polling place in the jurisdiction speaks that language.

Election manual

Under current law, the Elections Commission is required to publish an election manual explaining the duties of election officials. The election manual is subject to periodic review and revision and must emphasize that election officials should help, not hinder, electors in exercising their voting rights.

The bill provides a number of additional requirements for the election manual, including that the election manual be written in clear, unambiguous language; be indexed by subject; contain specific examples of common problems encountered at polling places on election day and detailed, specific procedures for resolving those problems; and include an explanation of the laws and rules governing solicitation at polling places, the rights of voters, and security procedures and other procedures to be followed at polling places.

Withholding of voluntarily provided elector information

Currently, the Elections Commission and municipal clerks must provide public access to information in their records unless otherwise provided by law or unless the custodian demonstrates that the public interest in withholding public access outweighs the public interest in providing that access. This bill provides that whenever the commission or a county or municipal clerk or board of election commissioners has the telephone number or electronic mail address of an elector that is voluntarily provided by the elector to the commission or to the clerk or board, the commission and the clerk and board are prohibited from providing access to that information except to election officials and employees to be used for the administration of elections.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

SB159,1 Section 1. 5.05 (1) (e) of the statutes is amended to read:

SB159,5,10 5.05 (1) (e) Issue an order under s. 5.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a), permit a municipality to provide notices required at polling places by alternative means under s. 5.35 (6) (d), exempt a municipality from the requirement to use voting machines or an electronic voting system under s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under s. 7.30 (4) (e), or review and investigate complaints received under s. 12.17 (4) and order corrective measures under s. 12.17 (5) (a).

SB159,2 Section 2. 5.056 of the statutes is amended to read:

SB159,6,4 5.056 Matching program with secretary of transportation. The commission administrator shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally identifiable information maintained by the department of transportation. Subject to s. 343.14 (2p) (b), the agreement shall provide for the electronic transfer of information under s. 6.256 (2) to the commission on a continuous basis, no less often than monthly.

SB159,3 Section 3. 5.06 (2) of the statutes is amended to read:

SB159,6,14 5.06 (2) No Except as authorized in ss. 5.07 (2) and 12.17 (3), no person who is authorized to file a complaint under sub. (1), other than the attorney general or a district attorney, may commence an action or proceeding to test the validity of any decision, action or failure to act on the part of any election official with respect to any matter specified in sub. (1) without first filing a complaint under sub. (1), nor prior to disposition of the complaint by the commission. A complaint is deemed disposed of if the commission fails to transmit an acknowledgment of receipt of the complaint within 5 business days from the date of its receipt or if the commission concludes its investigation without a formal decision.

SB159,4 Section 4. 5.07 of the statutes is renumbered 5.07 (1).

SB159,5 Section 5. 5.07 (2) of the statutes is created to read:

SB159,6,23 5.07 (2) Whenever a violation of s. 5.25 (4) (b), 5.35 (6) (a) 4c., 7.08 (3), 12.09, or 12.19 occurs or is proposed to occur, any elector of this state may sue for injunctive relief, a writ of mandamus or prohibition, or such other legal or equitable relief as may be appropriate to compel compliance with the law. The action shall be filed in circuit court for the county where the violation occurs or is proposed to occur. In such actions, the court shall award costs and reasonable actual attorney fees to the plaintiff if the plaintiff prevails in the action.

SB159,6 Section 6. 5.25 (4) (b) of the statutes is amended to read:

SB159,7,5 5.25 (4) (b) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in any a language other than English, the commission shall, for each such language, ensure that the notices specified in s. 5.35 (6) are given in that language and the voting system used at each polling place in that jurisdiction is in compliance with 42 USC 1973aa-1a.

SB159,7 Section 7. 5.25 (4) (c) of the statutes is created to read:

SB159,7,14 5.25 (4) (c) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in a language other than English, the municipal clerk or board of election commissioners shall, for each such language, contact and coordinate with organizations that advocate for the rights of individuals who speak that language to ensure that each polling place in the jurisdiction adequately serves the needs of those individuals and shall endeavor to ensure that at least one of the election officials who serves at each polling place in the jurisdiction speaks that language.

SB159,8 Section 8. 5.35 (6) (a) (intro.) of the statutes is amended to read:

SB159,7,19 5.35 (6) (a) (intro.) At Except as authorized under par. (d), at each polling place in the state, the municipal clerk or board of election commissioners shall post the following materials, positioned so that they may be readily observed by electors entering the polling place or waiting in line to vote:

SB159,9 Section 9. 5.35 (6) (a) 4c. of the statutes is created to read:

SB159,7,21 5.35 (6) (a) 4c. A voter bill of rights in substantially the following form:

SB159,7,22 Voter Bill of Rights

SB159,7,23 You have the following rights:

SB159,8,4 • The right to vote if you are registered and eligible to vote. You are eligible to vote if you (1) are a U.S. citizen, (2) are at least 18 years old, (3) are registered where you currently live, (4) are not currently serving any portion of a felony sentence, including probation or supervision, (5) are not currently found mentally incompetent to vote by a court, and (6) have not placed a bet or a wager on the outcome of the election.

SB159,8,5 • The right to inspect a sample ballot before voting.

SB159,8,8 • The right to cast a ballot if you are in line when your polling place closes or when your municipal clerk's office closes if you are voting by in-person absentee ballot on the last day for which such voting is allowed.

SB159,8,10 • The right to cast a secret ballot, without anyone bothering you or telling you how to vote.

SB159,8,12 • If you have a disability, the right to get help casting your ballot from anyone you choose, except from your employer or union representative.

SB159,8,14 • The right to get help voting in a language other than English if enough voters where you live speak your language.

SB159,8,16 • The right to get a new ballot if you made a mistake. You can get up to 3 ballots in all if you make a mistake and have not already cast your ballot.

SB159,8,22 • The right to cast a provisional ballot. You can cast a provisional ballot if you are unable or unwilling to provide required proof of identification for voting or a valid driver license or identification card number for registering to vote on election day. Your provisional ballot will not be counted unless you provide the required information to the poll workers by 8:00 p.m. on election day or to the municipal clerk by 4:00 p.m. of the Friday following the election.

SB159,8,23 • The right to have your ballot counted accurately.

SB159,8,25 • The right to vote free from coercion or intimidation by any election official or other person.

SB159,9,2 • The right to report any illegal or fraudulent election activity to an elections official or the State of Wisconsin Elections Commission.

SB159,10 Section 10. 5.35 (6) (a) 5. of the statutes is amended to read:

SB159,9,5 5.35 (6) (a) 5. Any other voting information directed to be posted by the commission to be posted or to be noticed under par. (d).

SB159,11 Section 11. 5.35 (6) (b) of the statutes is amended to read:

SB159,9,16 5.35 (6) (b) At Except as authorized under par. (d), at each polling place in the state where a consolidated ballot under s. 5.655 is used or an electronic voting system is utilized at a partisan primary election incorporating a ballot upon which electors may mark votes for candidates of more than one recognized political party, the municipal clerk or board of election commissioners shall prominently post a sign in the form prescribed by the commission warning electors in substance that on any ballot with votes cast for candidates of more than one recognized political party, no votes cast for any candidates for partisan office will be counted unless a preference for a party is made. If the elector designates a preference, only votes cast for candidates of that preference will be counted.

SB159,12 Section 12. 5.35 (6) (c) of the statutes is amended to read:

SB159,9,23 5.35 (6) (c) At Except as authorized under par. (d), at each polling place located in a municipality that is served by more than one polling place for an election, the municipal clerk or board of election commissioners shall prominently post a map of the geographic area served by the polling place for that election. The posting shall clearly show the boundaries of the ward or wards served by the polling place for that election.

SB159,13 Section 13. 5.35 (6) (d) of the statutes is created to read:

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.