Finally, the bill prohibits a person from obtaining a marked absentee ballot
from another person in order to deliver it to the municipal clerk or polling place,
unless the person obtaining the ballot is a member of the voter's immediate family,
the voter's legal guardian, or a person designated to return the ballot. A person who
violates this prohibition is guilty of a Class I felony.
Voter registration
1. Registration requirements
The bill provides that no elector of this state may register to vote without
providing the number of a valid driver's license or identification card issued to the
elector by the Department of Transportation or the last four digits of the elector's
social security number.
2. Electronic voter registration
Under current law, an individual holding a valid driver's license or
identification card issued by the Department of Transportation and who is eligible
to vote in Wisconsin may register electronically. The Elections Commission
maintains an Internet site that is used by voting-eligible individuals for purposes
of electronic registration, currently titled MyVote Wisconsin. Current law requires
the commission to provide a secure registration form on that Internet site that
enables the individual to enter and update the information necessary for purposes
of voter registration. Upon the voter's authorization, the commission obtains the
individual's electronic signature from DOT for purposes of authenticating the
information provided by the individual. The bill requires the Elections Commission
to maintain a version of the completed application that contains the voter's electronic
signature.
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:
SB939,1
1Section 1
. 6.18 (intro.) of the statutes is amended to read:
SB939,5,10
26.18 Former residents. (intro.) If ineligible to qualify as an elector in the
3state to which the elector has moved, any former qualified Wisconsin elector may
4vote an absentee ballot in the ward of the elector's prior residence in any presidential
5election occurring within 24 months after leaving Wisconsin by requesting an
6application form and returning it, properly executed, to the municipal clerk of the
7elector's prior Wisconsin residence. When requesting an application form for an
8absentee ballot, the applicant shall specify the applicant's eligibility for only the
1presidential ballot. Unless the applicant is exempted from providing proof of
2identification under s. 6.87 (4) (b) 2. or
3., or the applicant is a military or overseas
3elector, the elector shall enclose a copy of his or her proof of identification or any
4authorized substitute document with his or her application. The municipal clerk
5shall verify that the name on the proof of identification conforms to the name on the
6application. The clerk shall not issue a ballot to an elector who is required to enclose
7a copy of proof of identification or an authorized substitute document with his or her
8application unless the copy is enclosed and the proof is verified by the clerk. The
9application form shall require the following information and be in substantially the
10following form:
SB939,2
11Section 2
. 6.27 of the statutes is amended to read:
SB939,5,17
126.27 Elector registration required. Each elector shall register under this
13chapter before voting in any election, except as authorized under ss. 6.15, 6.18, and
146.22.
No elector may register to vote without providing the number of a current and
15valid operator's license issued to the elector under ch. 343, the number of a current
16and valid identification card issued to the elector under s. 343.50, or the last 4 digits
17of the elector's social security account number.
SB939,3
18Section 3
. 6.30 (5) of the statutes is amended to read:
SB939,6,1619
6.30
(5) By electronic application. An eligible elector who holds a current and
20valid operator's license issued under ch. 343 or a current and valid identification card
21issued under s. 343.50 may register electronically in the manner prescribed by the
22commission. The commission shall maintain on the Internet a secure registration
23form that enables the elector to enter the information required under s. 6.33 (1)
24electronically. An elector who registers electronically under this subsection must
25authorize the commission to obtain from the department of transportation an
1electronic copy of the elector's signature, which signature shall constitute an
2affirmance that all information provided by the elector is correct and shall have the
3same effect as if the elector had signed the application personally. The commission
4shall include on the registration form a place for the elector to give this authorization.
5Upon submittal of the electronic application, the commission shall obtain from the
6department of transportation a copy of the electronic signature of the elector. The
7commission shall maintain
the a version of the completed application on file
and
,
8which shall contain the elector's electronic signature, and shall notify the municipal
9clerk or board of election commissioners of the municipality where the elector resides
10of its receipt of each completed application. The commission shall also permit any
11elector who has a current and valid operator's license issued to the elector under ch.
12343 or a current and valid identification card issued under s. 343.50 to make changes
13in his or her registration at the same Internet site that is used by electors for original
14registration under this subsection. An elector shall attest to the correctness of any
15changes in the same manner as provided in this subsection for information entered
16on an application for original registration.
SB939,4
17Section 4
. 6.33 (1) of the statutes is amended to read:
SB939,8,818
6.33
(1) The commission shall prescribe the format, size, and shape of
19registration forms. All nonelectronic forms shall be printed and each item of
20information shall be of uniform font size, as prescribed by the commission. Except
21as otherwise provided in this subsection, electronic forms shall contain the same
22information as nonelectronic forms. The municipal clerk shall supply sufficient
23forms to meet voter registration needs. The commission shall design the form to
24obtain from each elector information as to name; date; residence location; location of
25previous residence immediately before moving to current residence location;
1citizenship; date of birth; age; the number of a current and valid operator's license
2issued to the elector under ch. 343
, the number of a current and valid identification
3card issued under s. 343.50, or the last 4 digits of the elector's social security account
4number; whether the elector has resided within the ward or election district for the
5number of consecutive days specified in s. 6.02 (1); whether the elector has been
6convicted of a felony for which he or she has not been pardoned, and if so, whether
7the elector is incarcerated, or on parole, probation, or extended supervision; whether
8the elector is disqualified on any other ground from voting; and whether the elector
9is currently registered to vote at any other location. The commission shall include
10on the nonelectronic form a space for the elector's signature and on the electronic
11form the authorization specified under s. 6.30 (5). Below the space for the signature
12or authorization, respectively, the commission shall include the following statement:
13“Falsification of information on this form is punishable under Wisconsin law as a
14Class I felony." The commission shall include on the form a space to enter the name
15of any inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the
16form and a space for the inspector, clerk, or deputy clerk to sign his or her name,
17affirming that the inspector, clerk, or deputy clerk has accepted the form. The
18commission shall include on the form a space for entry of the ward and aldermanic
19district, if any, where the elector resides and any other information required to
20determine the offices and referenda for which the elector is certified to vote. The
21commission shall also include on the form a space where the clerk may record an
22indication of whether the form is received by mail or by electronic application, a space
23where the clerk shall record an indication of the type of identifying document
24submitted by the elector as proof of residence under s. 6.34 or an indication that the
25elector's information in lieu of proof of residence was verified under s. 6.34 (2m), the
1name of the entity or institution that issued the identifying document, and, if the
2identifying document includes a number that applies only to the individual holding
3that document, that number. The commission shall also include on the form a space
4where the clerk, for any elector who possesses a valid voting identification card
5issued to the person under s. 6.47 (3), may record the identification serial number
6appearing on the voting identification card. Each county clerk shall obtain sufficient
7registration forms for completion by an elector who desires to register to vote at the
8office of the county clerk under s. 6.28 (4).
SB939,5
9Section 5
. 6.36 (1) (a) 5. of the statutes is amended to read:
SB939,8,1310
6.36
(1) (a) 5. The number of a valid operator's license issued to the elector
11under ch. 343, if any,
the number of a current and valid identification card issued
12under s. 343.50, if any, or the last 4 digits of the elector's social security account
13number, if any.
SB939,6
14Section 6
. 6.86 (1) (a) 1. of the statutes is amended to read:
SB939,8,1615
6.86
(1) (a) 1. By mail
or by a for-profit commercial delivery service moving
16parcels nationally and internationally.
SB939,7
17Section 7
. 6.86 (1) (ac) of the statutes is amended to read:
SB939,9,318
6.86
(1) (ac) Any elector qualifying under par. (a) may make written application
19to the municipal clerk for an official ballot by means of facsimile transmission or
20electronic mail. Any application under this paragraph
need not shall contain a copy
21of the applicant's original
written signature
. An elector requesting a ballot under
22this paragraph shall return with the voted ballot a copy of the request bearing an
23original signature of the elector as provided in s. 6.87 (4)
or contain the applicant's
24electronic signature on the application form in portable document format (PDF).
25Except as authorized in ss. 6.87 (4) (b) 2.
to, 4., and 5. and 6.875 (6), and
1notwithstanding s. 343.43 (1) (f), the elector shall transmit a copy of his or her proof
2of identification in the manner provided in s. 6.87 (1) unless the elector is a military
3elector or an overseas elector or the elector has a confidential listing under s. 6.47 (2).
SB939,8
4Section 8
. 6.86 (1) (ar) of the statutes is renumbered 6.86 (1) (ar) 1. and
5amended to read:
SB939,9,156
6.86
(1) (ar) 1. Except as authorized in s. 6.875 (6), the municipal clerk shall
7not issue an absentee ballot unless the clerk receives
a written application therefor 8from a qualified elector of the municipality
a completed application in the form
9prescribed by the commission under par. (as) that contains the elector's original
10written signature, or, if application is made under par. (ac), that contains the elector's
11electronic signature or a copy of the elector's original written signature, or the
12signature of a person the elector authorizes to sign on the elector's behalf under par.
13(ag) or sub. (3) (a). The clerk shall retain each absentee ballot application until
14destruction is authorized under s. 7.23 (1).
A municipal clerk issuing an absentee
15ballot contrary to this subdivision is guilty of a Class I felony.
SB939,9,23
162. Except as authorized in s. 6.79 (6) and (7), if a qualified elector applies for
17an absentee ballot in person at the clerk's office, the clerk shall not issue the elector
18an absentee ballot unless the elector presents proof of identification. The clerk shall
19verify that the name on the proof of identification presented by the elector conforms
20to the name on the elector's application and shall verify that any photograph
21appearing on that document reasonably resembles the elector. The clerk shall then
22enter his or her initials on the certificate envelope indicating that the absentee
23elector presented proof of identification to the clerk.
SB939,9
24Section 9
. 6.86 (1) (as) of the statutes is created to read:
SB939,10,6
16.86
(1) (as) The absentee ballot application form and instructions shall be
2prescribed by the commission and shall be separate and distinct from the certificate
3envelope prescribed in s. 6.87 (2). The application shall require the elector to certify
4facts establishing that he or she is qualified to vote in the election at the municipality
5of his or her legal voting residence and shall include at least all of the following
6information:
SB939,10,77
1. The elector's municipality and county of residence.
SB939,10,98
2. The elector's name, date of birth, and contact information, including as
9applicable the elector's telephone number, fax number, and electronic mail address.
SB939,10,1010
3. The street address of the elector's legal voting residence.
SB939,10,1111
4. The election at which the elector intends to vote absentee.
SB939,10,1212
5. Whether the elector is a military or overseas elector.
SB939,10,1413
6. The elector's confidential identification serial number if the elector has
14obtained a confidential listing under s. 6.47 (2).
SB939,10,1515
7. The lawful method by which the elector prefers to receive the absentee ballot.
SB939,10,1616
8. Whether the elector is hospitalized for purposes of sub. (3).
SB939,10
17Section
10. 6.86 (2m) (a) of the statutes is amended to read:
SB939,11,2318
6.86
(2m) (a) Except as provided in this subsection, any elector other than an
19elector who receives an absentee ballot under sub. (2) or s. 6.22 (4) or 6.24 (4) (c) may
20by written application filed with the municipal clerk of the municipality where the
21elector resides require that an absentee ballot be sent to the elector automatically for
22every a primary and its associated election
that is held within the same calendar year
23in which the application is filed. An elector must submit a separate application for
24each primary and the election associated with that primary, and the application shall
25specify the primary and election to which the application applies. The application
1form and instructions shall be prescribed by the commission, and furnished upon
2request to any elector by each municipal clerk. The municipal clerk shall thereupon
3mail an absentee ballot to the elector for
all elections that are held in the municipality
4during the same calendar year that the application is filed
the primary and election
5to which the application applies, except that the clerk shall not send an absentee
6ballot for an election if the elector's name appeared on the registration list in eligible
7status for a previous election following the date of the application but no longer
8appears on the list in eligible status. The municipal clerk shall ensure that any
9envelope containing the absentee ballot is clearly marked as not forwardable. If an
10elector who files an application under this subsection no longer resides at the same
11address that is indicated on the application form, the elector shall so notify the
12municipal clerk. The municipal clerk
shall discontinue mailing absentee ballots may
13not mail an absentee ballot to an elector under this subsection upon receipt of reliable
14information that the elector no longer qualifies as an elector of the municipality. In
15addition, the municipal clerk
shall discontinue mailing absentee ballots may not
16mail an absentee ballot to an elector under this subsection
for the election specified
17in the elector's application if the elector fails to return
any the absentee ballot mailed
18to the elector
. The municipal clerk shall notify the elector of any such action not
19taken at the elector's request within 5 days, if possible. An elector who fails to cast
20an absentee ballot but who remains qualified to receive absentee ballots under this
21subsection may then receive absentee ballots for subsequent elections by notifying
22the municipal clerk that the elector wishes to continue receiving absentee ballots for
23subsequent elections for the primary specified in the elector's application.
SB939,11
24Section 11
. 6.86 (8) of the statutes is created to read:
SB939,12,5
16.86
(8) (a) No municipal or county clerk or municipal or county board of
2election commissioners, and no person acting on behalf of the commission, may send
3or transmit an absentee ballot application or an absentee ballot to an elector for
4voting in an election unless the elector applies for the application or ballot as
5provided by law.
SB939,12,96
(b) No committee, as defined in s. 11.0101 (6), may send or transmit an absentee
7ballot application to an elector that contains a return address for the application
8other than the address of the municipal clerk or board of election commissioners of
9the municipality where the elector is registered to vote.
SB939,12
10Section 12
. 6.87 (1) of the statutes is amended to read:
SB939,12,2211
6.87
(1) Upon proper request made within the period prescribed in s. 6.86, the
12municipal clerk or a deputy clerk authorized by the municipal clerk shall write on
13the official ballot, in the space for official endorsement, the clerk's initials
, which may
14not be preprinted or stamped, and official title. Unless application is made in person
15under s. 6.86 (1) (ar), the absent elector is exempted from providing proof of
16identification under sub. (4) (b) 2.
or 3., or the applicant is a military or overseas
17elector, the absent elector shall enclose a copy of his or her proof of identification or
18any authorized substitute document with his or her application. The municipal clerk
19shall verify that the name on the proof of identification conforms to the name on the
20application. The clerk shall not issue an absentee ballot to an elector who is required
21to enclose a copy of proof of identification or an authorized substitute document with
22his or her application unless the copy is enclosed and the proof is verified by the clerk.
SB939,13
23Section 13
. 6.87 (2) (intro.) of the statutes is amended to read:
SB939,13,1124
6.87
(2) (intro.) Except as authorized under sub. (3) (d), the municipal clerk
25shall place the ballot in an unsealed envelope furnished by the clerk. The envelope
1shall have the name, official title and post-office address of the clerk upon its face.
2The other side of the envelope shall have a printed certificate which shall include a
3space for the municipal clerk or deputy clerk to
enter write his or her initials
4indicating that if the absentee elector voted in person under s. 6.86 (1) (ar), the elector
5presented proof of identification to the clerk and the clerk verified the proof
6presented. The certificate shall also include a space for the municipal clerk or deputy
7clerk to
enter write his or her initials indicating that the elector is exempt from
8providing proof of identification because the individual is a military elector or an
9overseas elector who does not qualify as a resident of this state under s. 6.10 or is
10exempted from providing proof of identification under sub. (4) (b) 2.
or 3. The
11certificate shall be in substantially the following form:
SB939,14
12Section 14
. 6.87 (4) (b) 1. of the statutes is amended to read:
SB939,15,513
6.87
(4) (b) 1. Except as otherwise provided in s. 6.875, an elector voting
14absentee, other than a military elector or an overseas elector, shall make and
15subscribe to the certification before one witness who is an adult U.S. citizen. A
16military elector or an overseas elector voting absentee, regardless of whether the
17elector qualifies as a resident of this state under s. 6.10, shall make and subscribe
18to the certification before one witness who is an adult but who need not be a U.S.
19citizen. The absent elector, in the presence of the witness, shall mark the ballot in
20a manner that will not disclose how the elector's vote is cast. The elector shall then,
21still in the presence of the witness, fold the ballots so each is separate and so that the
22elector conceals the markings thereon and deposit them in the proper envelope. If
23a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that
24the elector conceals the markings thereon and deposit the ballot in the proper
25envelope. If proof of residence under s. 6.34 is required and the document enclosed
1by the elector under this subdivision does not constitute proof of residence under s.
26.34, the elector shall also enclose proof of residence under s. 6.34 in the envelope.
3Except as provided in s. 6.34 (2m), proof of residence is required if the elector is not
4a military elector or an overseas elector and the elector registered by mail or by
5electronic application and has not voted in an election in this state. If the elector
6requested a ballot by means of facsimile transmission or electronic mail under s. 6.86
7(1) (ac), the elector shall enclose in the envelope a copy of the request which bears an
8original
written signature of the elector. The elector may receive assistance under
9sub. (5). The return envelope shall then be sealed. The witness may not be a
10candidate. The envelope shall be mailed by the elector
, or delivered
in person, by the
11elector, a member of the elector's immediate family, or the elector's legal guardian 12to the
office of the municipal clerk issuing the ballot or ballots
; to the municipal clerk
13at an alternate absentee ballot site under s. 6.855; or to the elector's polling place on
14election day. The elector may also designate, in writing, one person who is registered
15to vote in this state to deliver the return envelope as provided in this subdivision,
16except that the elector may not designate a candidate on the ballot nor compensate
17the person to deliver the envelope. No person designated to deliver a return envelope
18may deliver more than 2 envelopes for any election for persons who are not members
19of the person's immediate family. If the envelope is mailed from a location outside
20the United States, the elector shall affix sufficient postage unless the ballot qualifies
21for delivery free of postage under federal law. Failure to return an unused ballot in
22a primary does not invalidate the ballot on which the elector's votes are cast. Return
23of more than one marked ballot in a primary or return of a ballot prepared under s.
245.655 or a ballot used with an electronic voting system in a primary which is marked
25for candidates of more than one party invalidates all votes cast by the elector for
1candidates in the primary.
In this subdivision, “
immediate family” means persons
2who are related as spouses, as siblings, as parent and child, or as a grandparent or
3grandchild. For purposes of this subdivision, the return of an envelope by mail
4includes the return of an envelope by a for-profit commercial delivery service moving
5parcels nationally and internationally.
SB939,15
6Section
15. 6.87 (4) (b) 2. of the statutes is amended to read:
SB939,15,127
6.87
(4) (b) 2.
Unless subd. 3. applies, if If the absentee elector has applied for
8and qualified to receive absentee ballots automatically under s. 6.86 (2) (a), the
9elector may, in lieu of providing proof of identification, submit with his or her
10absentee ballot a statement signed by the same individual who witnesses voting of
11the ballot which contains the name and address of the elector and verifies that the
12name and address are correct.
SB939,16
13Section 16
. 6.87 (4) (b) 3. of the statutes is repealed.
SB939,17
14Section 17
. 6.87 (4) (b) 5. of the statutes is amended to read:
SB939,15,2515
6.87
(4) (b) 5. Unless subd.
3. or 4. applies, if the absentee elector resides in a
16qualified retirement home, as defined in s. 6.875 (1) (at), or a residential care facility,
17as defined in s. 6.875 (1) (bm), and the municipal clerk or board of election
18commissioners of the municipality where the facility or home is located does not send
19special voting deputies to visit the facility or home at the election under s. 6.875, the
20elector may, in lieu of providing proof of identification, submit with his or her
21absentee ballot a statement signed by the same individual who witnesses voting of
22the ballot that contains the certification of an authorized representative of the
23facility or home that the elector resides in the facility or home and the facility or home
24is certified or registered as required by law, that contains the name and address of
25the elector, and that verifies that the name and address are correct.
SB939,18
1Section
18. 12.13 (3) (md) of the statutes is created to read:
SB939,16,72
12.13
(3) (md) Obtain a marked absentee ballot from another person in order
3to deliver it to the proper municipal clerk or polling place, unless the person
4obtaining the ballot is a member of the elector's immediate family, the elector's legal
5guardian, or a person designated to deliver the ballot under s. 6.87 (4) (b) 1. In this
6paragraph, “immediate family” means persons who are related as spouses, as
7siblings, as parent and child, or as a grandparent or grandchild.
SB939,19
8Section 19
. 12.60 (1) (a) of the statutes is amended to read:
SB939,16,109
12.60
(1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3)
10(a), (e), (f), (j), (k), (L), (m),
(md), (y) or (z) is guilty of a Class I felony.
SB939,20
11Section 20
.
Initial applicability.
SB939,16,1312
(1)
Electronic registrations. The treatment of s. 6.30 (5) first applies to
13electronic registrations initiated or updated on the effective date of this subsection.
SB939,21
14Section 21
.
Effective dates. This act takes effect on the day after publication,
15except as follows:
SB939,16,1716
(1)
Electronic registrations. The treatment of s. 6.30 (5) and
Section 20 (1)
17of this act take effect on the first day of the 4th month beginning after publication.