SB804: Bill Text

LRB-5466/1

MPG:skw

2021 - 2022 LEGISLATURE

2021 Senate BILL 804

January 6, 2022 - Introduced by Senators Jacque and Nass, cosponsored by Representatives Ramthun, Steffen, Behnke, Brandtjen, Gundrum, Horlacher and Wichgers. Referred to Committee on Elections, Election Process Reform and Ethics.

SB804,1,5 An Act to amend 6.275 (1) (f), 6.32 (4), 6.33 (4), 6.33 (5) (a) 1., 6.36 (1) (d), 6.36 (1) (e), 6.47 (6), 6.47 (7) (b), 6.48 (1) (d), 6.48 (2) (b), 6.50 (2), 6.50 (2g), 6.50 (2r) (g), 6.50 (3), 6.50 (4), 6.50 (5), 6.50 (6), 6.50 (7), 6.50 (10), 6.56 (3), 6.56 (4) and 7.23 (1) (c) of the statutes; relating to: removing ineligible voters from the official voter registration list.

Analysis by the Legislative Reference Bureau

Under current law, if a voter who appears on the official voter registration list maintained by the Elections Commission becomes ineligible to vote for any reason, his or her status is changed from eligible to ineligible on the registration list.

Under this bill, if a voter appearing on the registration list becomes ineligible to vote for any reason, he or she must be removed from the list and the Elections Commission must keep a permanent record of the removal, including the date of and reason for the removal. Consistent with current law, an individual who is removed from the registration list and subsequently becomes eligible to register to vote in Wisconsin may reregister as provided by law.

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:

SB804,1 Section 1. 6.275 (1) (f) of the statutes is amended to read:

SB804,2,17 6.275 (1) (f) The total number of postcards sent by the municipal clerk or board of election commissioners under s. 6.56 (3), the total number of such postcards returned to the municipal clerk or board of election commissioners because the elector did not reside at the address given on the postcard, the total number of electors whose status was changed from eligible to ineligible on removed from the registration list as a result of the audit under s. 6.56 (3), and the number of individuals referred to the district attorney under s. 6.56 (3). The municipal clerk or board of election commissioners shall provide the information described under this paragraph to the elections commission and the county clerk or county board of election commissioners at the earliest practicable time after, but no later than 90 days after, each primary and election at which a state or national office is filled or a statewide referendum is held, including any special election. The municipal clerk or board of election commissioners shall update the information described under this paragraph on a monthly basis and shall submit, on a monthly basis, any such updated information to the elections commission and the county clerk or county board of election commissioners.

SB804,2 Section 2. 6.32 (4) of the statutes is amended to read:

SB804,3,5 6.32 (4) If the form is sufficient to accomplish registration and the commission or clerk has no reliable information to indicate that the proposed elector is not qualified, the commission or clerk shall enter the elector's name on the registration list and transmit a 1st class letter or postcard to the registrant, specifying the elector's ward or aldermanic district, or both, if any, and polling place. The letter or postcard shall be sent within 10 days of receipt of the form. If the letter or postcard is returned, or if the commission or clerk is informed of a different address than the one specified by the elector, the commission or clerk shall change the status of remove the elector on from the list from eligible to ineligible. The letter or postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the commission or clerk if the elector does not reside at the address given on the letter or postcard.

SB804,3 Section 3. 6.33 (4) of the statutes is amended to read:

SB804,3,12 6.33 (4) When an individual's registration is changed from eligible to ineligible status individual is removed from the registration list for any reason, the municipal clerk or board of election commissioners shall enter notify the commission, providing the date of and reason for change on removal from the registration list. The commission shall keep a permanent record of the removal, including the date of and reason for the removal.

SB804,4 Section 4. 6.33 (5) (a) 1. of the statutes is amended to read:

SB804,3,19 6.33 (5) (a) 1. Except as provided in par. (b) and this paragraph, whenever a municipal clerk receives a valid registration or valid change of a name or address under an existing registration or changes a registration from eligible to ineligible status the municipal clerk or the clerk's designee shall promptly enter electronically on the list maintained by the commission under s. 6.36 (1) the information required under that subsection.

SB804,5 Section 5. 6.36 (1) (d) of the statutes is amended to read:

SB804,4,2 6.36 (1) (d) Upon receipt of official notification by the appropriate election administrative authority of another state, territory, or possession that an elector whose name appears on the list has registered to vote in that state, territory, or possession, the commission or the municipal clerk of the municipality where the elector formerly resided shall change the elector's registration from eligible to ineligible status remove the elector's name from the registration list.

SB804,6 Section 6. 6.36 (1) (e) of the statutes is amended to read:

SB804,4,15 6.36 (1) (e) If the commission adds the name of any elector to the list, the commission shall promptly notify the municipal clerk of the municipality where the elector resides. If the commission changes the registration of any elector from eligible to ineligible status removes an elector from the list, the commission shall promptly notify the municipal clerk of the municipality where the elector resides or, if the elector has changed his or her residence from one municipality to another municipality in this state, shall promptly notify the municipal clerk of the municipality where the elector resided prior to the change removal. Notification shall be made in writing or by electronic transmission. If the commission changes the registration of any elector from eligible to ineligible status removes an elector from the list for any reason, the commission shall make an entry on the list keep a permanent record giving the date of and the reason for the change the removal.

SB804,7 Section 7. 6.47 (6) of the statutes is amended to read:

SB804,4,25 6.47 (6) Upon expiration of a confidential listing on a registration list under sub. (2), the municipal clerk shall change the registration of remove the protected individual to ineligible status from the registration list unless the individual files a new request and qualifies under sub. (2) to obtain a renewal of the listing or unless the individual applies for and qualifies to obtain a nonconfidential voter registration. Except as authorized in sub. (8), the municipal clerk shall withhold from public inspection under s. 19.35 (1) the name and address of any individual whose registration is changed removed under this subsection if the individual qualified for a confidential listing at the time of that listing.

SB804,8 Section 8. 6.47 (7) (b) of the statutes is amended to read:

SB804,5,5 6.47 (7) (b) If notice to a protected individual is not provided under par. (a), the municipal clerk shall provide notice to the subject individual upon changing a listed individual to ineligible status removing a listed individual from the registration list under sub. (6).

SB804,9 Section 9. 6.48 (1) (d) of the statutes is amended to read:

SB804,5,10 6.48 (1) (d) If the clerk determines that the challenged elector is not qualified, the clerk shall change the challenged elector's registration from eligible to ineligible status on remove the elector from the registration list and notify the inspectors for the ward or election district where the elector was registered.

SB804,10 Section 10. 6.48 (2) (b) of the statutes is amended to read:

SB804,5,19 6.48 (2) (b) Upon appearing in person, objectors shall be examined, under oath, by the commissioners and testimony taken. Judgment rests with the board of election commissioners and decisions shall be rendered as soon as heard. All cases are heard and decided summarily. The commissioners shall determine whether the person objected to is qualified. If they the commissioners determine that a person is not qualified, the executive director of the board of election commissioners shall change the elector from eligible to ineligible status on remove the elector from the registration list and shall notify the proper ward officials of the change immediately.

SB804,11 Section 11. 6.50 (2) of the statutes is amended to read:

SB804,5,25 6.50 (2) If an elector to whom a notice of suspension was mailed under sub. (1) has not applied for continuation of registration within 30 days of the date of mailing, the commission shall change the registration status of that elector from eligible to ineligible remove the elector from the registration list on the day that falls 30 days after the date of mailing.

SB804,12 Section 12. 6.50 (2g) of the statutes is amended to read:

SB804,6,4 6.50 (2g) The commission may delegate to a municipal clerk or board of election commissioners of a municipality the responsibility to change the registration status of remove electors from the registration list when required under sub. (2).

SB804,13 Section 13. 6.50 (2r) (g) of the statutes is amended to read:

SB804,6,8 6.50 (2r) (g) The number of electors who received notices under sub. (1) and whose status changed from eligible to ineligible who were removed from the registration list.

SB804,14 Section 14. 6.50 (3) of the statutes is amended to read:

SB804,6,24 6.50 (3) Upon receipt of reliable information that a registered elector has changed his or her residence to a location outside of the municipality, the municipal clerk or board of election commissioners shall notify the elector by mailing a notice by 1st class mail to the elector's registration address stating the source of the information. All municipal departments and agencies receiving information that a registered elector has changed his or her residence shall notify the clerk or board of election commissioners. If the elector no longer resides in the municipality or fails to apply for continuation of registration within 30 days of the date the notice is mailed, the clerk or board of election commissioners shall change the elector's registration from eligible to ineligible status remove the elector from the registration list. Upon receipt of reliable information that a registered elector has changed his or her residence within the municipality, the municipal clerk or board of election commissioners shall change the elector's registration and mail the elector a notice of the change. This subsection does not restrict the right of an elector to challenge any registration under s. 6.325, 6.48, 6.925, 6.93, or 7.52 (5).

SB804,15 Section 15. 6.50 (4) of the statutes is amended to read:

SB804,7,4 6.50 (4) The municipal clerk or board of election commissioners shall change the registration of remove deceased electors from eligible to ineligible status the registration list by means of checking vital statistics reports. No notice need be sent of registration changes made under this subsection.

SB804,16 Section 16. 6.50 (5) of the statutes is amended to read:

SB804,7,15 6.50 (5) The registration of any elector whose address is listed at a building which that has been condemned for human habitation by the municipality under s. 66.0413 (1) (j) shall be investigated by the municipal clerk or board of election commissioners. If the clerk or board of election commissioners can find no reason why the such an elector should remain on the registration of such an elector should not be changed from eligible to ineligible status list, the clerk or board of election commissioners shall change the elector's registration status remove the elector from the list. If the elector has left a forwarding address with the U.S. postal service, a notice of change in status removal shall be mailed by the clerk or board of election commissioners to the forwarding address.

SB804,17 Section 17. 6.50 (6) of the statutes is amended to read:

SB804,7,19 6.50 (6) The municipal clerk, upon authorization by an elector, shall change the elector's registration from eligible to ineligible status remove the elector from the registration list.

SB804,18 Section 18. 6.50 (7) of the statutes is amended to read:

SB804,7,24 6.50 (7) When an elector's registration is changed from eligible to ineligible status elector is removed from the registration list, the commission, municipal clerk, or board of election commissioners shall make an entry on the registration list keep a permanent record of the removal, giving the date of and reason for the change.

SB804,19 Section 19. 6.50 (10) of the statutes is amended to read:

SB804,8,5 6.50 (10) Any qualified elector whose registration is changed from eligible to ineligible status who is removed from the registration list under this section may reregister as provided under s. 6.28 (1), 6.29 (2), or 6.55 (2), or, if the elector has a current and valid operator's license issued to the elector under ch. 343 or a current and valid identification card issued under s. 343.50, may reregister under s. 6.30 (5).

SB804,20 Section 20. 6.56 (3) of the statutes is amended to read:

SB804,8,23 6.56 (3) Upon receipt of the list under sub. (1), the municipal clerk or board of election commissioners shall make an audit of all electors registering to vote at the polling place or other registration location under s. 6.55 (2) and all electors registering by agent on election day under s. 6.86 (3) (a) 2. unless the clerk or board of election commissioners receives notice from the elections commission under sub. (7) that the elections commission will perform the audit. The audit shall be made by 1st class postcard. The postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the clerk, board of election commissioners, or elections commission if the elector does not reside at the address given on the postcard. If any postcard is returned undelivered, or if the clerk, board of election commissioners, or elections commission is informed of a different address than the one specified by the elector which was apparently improper on the day of the election, the clerk, board of election commissioners, or elections commission shall change the status of the elector from eligible to ineligible on remove the elector from the registration list, mail the elector a notice of the change in status removal, and provide the name of the elector to the district attorney for the county where the polling place is located and the elections commission.

SB804,21 Section 21. 6.56 (4) of the statutes is amended to read:

SB804,9,11 6.56 (4) After each election, the municipal clerk shall perform an audit to assure that no person has been allowed to vote more than once. Whenever the municipal clerk has good reason to believe that a person has voted more than once in an election, the clerk shall send the person a 1st class letter marked in accordance with postal regulations to ensure that it will be returned to the clerk if the elector does not reside at the address given on the letter. The letter shall inform the person that all registrations relating to that person may be changed from eligible to ineligible status removed from the registration list within 7 days unless the person contacts the office of the clerk to clarify the matter. A copy of the letter and of any subsequent information received from or about the addressee shall be sent to the district attorney for the county where the person resides and the commission.

SB804,22 Section 22. 7.23 (1) (c) of the statutes is amended to read:

SB804,9,16 7.23 (1) (c) Registration forms of electors whose registrations are changed to ineligible status removed from the registration list under s. 6.50 (7) may be destroyed 4 years after the change removal, unless an elector becomes eligible again reregisters during that period.

SB804,9,17 (End)