The bill creates a voter bill of rights that municipal clerks and boards of election
commissioners must post at each polling place. The bill of rights informs voters that
the voters have the right to do all of the following:
1. Vote if registered and eligible to vote.
2. Inspect a sample ballot before voting.
3. Cast a ballot if in line when the polling place closes or, if voting by in-person
absentee ballot on the last day for which such voting is allowed, when the municipal
clerk's office closes.
4. Cast a secret ballot.
5. Get help casting a ballot if disabled.
6. Get help voting in a language other than English as provided by law.
7. Get a new ballot, up to three ballots in all, if the voter makes a mistake on
the ballot.
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 the records of the commission and clerks 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. The
bill provides that whenever the commission or a county or municipal clerk or board
of election commissioners has the telephone number or e-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:
SB988,1
1Section
1. 5.05 (1) (e) of the statutes is amended to read:
SB988,5,102
5.05
(1) (e) Issue an order under s. 5.06, exempt a polling place from
3accessibility requirements under s. 5.25 (4) (a),
permit a municipality to provide
4notices required at polling places by alternative means under s. 5.35 (6) (d), exempt
5a municipality from the requirement to use voting machines or an electronic voting
6system under s. 5.40 (5m), approve an electronic data recording system for
7maintaining poll lists under s. 6.79,
or authorize nonappointment of an individual
8who is nominated to serve as an election official under s. 7.30 (4) (e)
, or review and
9investigate complaints received under s. 12.17 (4) and order corrective measures
10under s. 12.17 (5) (a).
SB988,2
11Section
2. 5.056 of the statutes is amended to read:
SB988,6,5
125.056 Matching program with secretary of transportation. The
13commission administrator shall enter into the agreement with the secretary of
14transportation specified under s. 85.61 (1) to match personally identifiable
15information on the official registration list maintained by the commission under s.
16.36 (1) and the information specified in
s.
ss. 6.256 (2) and 6.34 (2m) with personally
2identifiable information maintained by the department of transportation.
Subject
3to s. 343.14 (2p) (b), the agreement shall provide for the electronic transfer of
4information under s. 6.256 (2) to the commission on a continuous basis, no less often
5than monthly.
SB988,3
6Section
3. 5.06 (2) of the statutes is amended to read:
SB988,6,157
5.06
(2) No Except as authorized in ss. 5.07 (2) and 12.17 (3), no person who
8is authorized to file a complaint under sub. (1), other than the attorney general or
9a district attorney, may commence an action or proceeding to test the validity of any
10decision, action or failure to act on the part of any election official with respect to any
11matter specified in sub. (1) without first filing a complaint under sub. (1), nor prior
12to disposition of the complaint by the commission. A complaint is deemed disposed
13of if the commission fails to transmit an acknowledgment of receipt of the complaint
14within 5 business days from the date of its receipt or if the commission concludes its
15investigation without a formal decision.
SB988,4
16Section
4. 5.07 of the statutes is renumbered 5.07 (1).
SB988,5
17Section
5. 5.07 (2) of the statutes is created to read:
SB988,6,2418
5.07
(2) Whenever a violation of s. 5.25 (4) (b), 5.35 (6) (a) 4c., 7.08 (3), 12.09,
19or 12.19 occurs or is proposed to occur, any elector of this state may sue for injunctive
20relief, a writ of mandamus or prohibition, or such other legal or equitable relief as
21may be appropriate to compel compliance with the law. The action shall be filed in
22circuit court for the county where the violation occurs or is proposed to occur. In such
23actions, the court shall award costs and reasonable actual attorney fees to the
24plaintiff if the plaintiff prevails in the action.
SB988,6
25Section
6. 5.25 (4) (b) of the statutes is amended to read:
SB988,7,5
15.25
(4) (b) In any jurisdiction that is subject to the requirement under
42 USC
21973aa-1a to provide voting materials in
any
a language other than English, the
3commission shall
, for each such language, ensure that
the notices specified in s. 5.35
4(6) are given in that language and the voting system used at each polling place in that
5jurisdiction is in compliance with
42 USC 1973aa-1a.
SB988,7
6Section
7. 5.25 (4) (c) of the statutes is created to read:
SB988,7,147
5.25
(4) (c) In any jurisdiction that is subject to the requirement under
42 USC
81973aa-1a to provide voting materials in a language other than English, the
9municipal clerk or board of election commissioners shall, for each such language,
10contact and coordinate with organizations that advocate for the rights of individuals
11who speak that language to ensure that each polling place in the jurisdiction
12adequately serves the needs of those individuals and shall endeavor to ensure that
13at least one of the election officials who serves at each polling place in the jurisdiction
14speaks that language.
SB988,8
15Section
8. 5.35 (6) (a) (intro.) of the statutes is amended to read:
SB988,7,1916
5.35
(6) (a) (intro.)
At Except as authorized under par. (d), at each polling place
17in the state, the municipal clerk or board of election commissioners shall post the
18following materials, positioned so that
they
the materials may be readily observed
19by electors entering the polling place or waiting in line to vote:
SB988,9
20Section
9. 5.35 (6) (a) 4c. of the statutes is created to read:
SB988,7,2121
5.35
(6) (a) 4c. A voter bill of rights in substantially the following form:
SB988,7,22
22Voter Bill of Rights
SB988,7,23
23You have the following rights:
SB988,8,4
24• The right to vote if you are registered and eligible to vote. You are
25eligible to vote if you (1) are a U.S. citizen, (2) are at least 18 years old, (3) are
1registered where you currently live, (4) are not currently serving any portion of a
2felony sentence, including probation or supervision, (5) are not currently found
3mentally incompetent to vote by a court, and (6) have not placed a bet or a wager on
4the outcome of the election.
SB988,8,5
5• The right to inspect a sample ballot before voting.
SB988,8,8
6• The right to cast a ballot if you are in line when your polling place
7closes or when your municipal clerk's office closes if you are voting by in-person
8absentee ballot on the last day for which such voting is allowed.
SB988,8,10
9• The right to cast a secret ballot, without anyone bothering you or telling
10you how to vote.
SB988,8,12
11• If you have a disability, the right to get help casting your ballot from
12anyone you choose, except from your employer or union representative.
SB988,8,14
13• The right to get help voting in a language other than English if enough
14voters where you live speak your language.
SB988,8,16
15• The right to get a new ballot if you made a mistake. You can get up to
163 ballots in all if you make a mistake and have not already cast your ballot.
SB988,8,22
17• The right to cast a provisional ballot. You can cast a provisional ballot
18if you are unable or unwilling to provide required proof of identification for voting or
19a valid driver license or identification card number for registering to vote on election
20day. Your provisional ballot will not be counted unless you provide the required
21information to the poll workers by 8:00 p.m. on election day or to the municipal clerk
22by 4:00 p.m. of the Friday following the election.
SB988,8,23
23• The right to have your ballot counted accurately.
SB988,8,25
24• The right to vote free from coercion or intimidation by any election
25official or other person.
SB988,9,2
1• The right to report any illegal or fraudulent election activity to an
2elections official or the State of Wisconsin Elections Commission.
SB988,10
3Section
10. 5.35 (6) (a) 5. of the statutes is amended to read:
SB988,9,54
5.35
(6) (a) 5. Any other voting information directed
to be posted by the
5commission
to be posted or to be noticed under par. (d).
SB988,11
6Section
11. 5.35 (6) (b) of the statutes is amended to read:
SB988,9,167
5.35
(6) (b)
At Except as authorized under par. (d), at each polling place in the
8state where a consolidated ballot under s. 5.655 is used or an electronic voting system
9is utilized at a partisan primary election incorporating a ballot upon which electors
10may mark votes for candidates of more than one recognized political party, the
11municipal clerk or board of election commissioners shall prominently post a sign in
12the form prescribed by the commission warning electors in substance that on any
13ballot with votes cast for candidates of more than one recognized political party, no
14votes cast for any candidates for partisan office will be counted unless a preference
15for a party is made. If the elector designates a preference, only votes cast for
16candidates of that preference will be counted.
SB988,12
17Section
12. 5.35 (6) (c) of the statutes is amended to read:
SB988,9,2318
5.35
(6) (c)
At Except as authorized under par. (d), at each polling place located
19in a municipality that is served by more than one polling place for an election, the
20municipal clerk or board of election commissioners shall prominently post a map of
21the geographic area served by the polling place for that election. The posting shall
22clearly show the boundaries of the ward or wards served by the polling place for that
23election.
SB988,13
24Section
13. 5.35 (6) (d) of the statutes is created to read:
SB988,10,6
15.35
(6) (d) As an alternative to any posting requirement under this subsection,
2the commission may authorize another means of providing notice to affected electors
3of the information specified in this subsection if the commission determines that the
4alternative means of providing the information is at least as effective as posting. Any
5authorization under this paragraph shall be in writing and shall specify the
6particular alternative means of notification that may be used.
SB988,14
7Section 14
. 6.256 of the statutes is created to read:
SB988,10,13
86.256 Commission shall facilitate registration of electors. (1) Except as
9provided for individuals specified in sub. (8) and as otherwise expressly provided, the
10commission shall use all feasible means to facilitate the registration of all eligible
11electors of this state who are subject to a registration requirement and the
12maintenance of the registration of all eligible electors for so long as an elector
13remains eligible.
SB988,10,17
14(2) Subject to s. 343.14 (2p) (b), for the purpose of carrying out its functions
15under sub. (1), the commission shall obtain the following information from the
16department of transportation, to the extent that the department has the
17information:
SB988,10,2118
(a) The full name of each individual who holds a current operator's license
19issued to the individual under ch. 343 or a current identification card issued to the
20individual under s. 343.50, together with the following information pertaining to
21that individual:
SB988,10,2322
1. The current address of the individual together with any address history and
23any name history maintained by the department of transportation.
SB988,10,2424
2. The date of birth of the individual.
SB988,10,2525
3. The number of the license or identification card issued to the individual.
SB988,11,5
14. A copy of the document that the applicant provided as proof of citizenship
2and a statement from the department of transportation indicating that the
3department verified the applicant's citizenship. For purposes of this subdivision, the
4applicant shall provide a document that meets the requirements under
42 USC
51320b-7 (d).
SB988,11,86
(b) For each item of information specified in this subsection, the most recent
7date that the item of information was provided to or obtained by the department of
8transportation.
SB988,11,17
9(3) The commission shall compare the information obtained under sub. (2) with
10the information in the registration list under s. 6.36 (1) (a). If the commission finds
11discrepancies between the information obtained under sub. (2) regarding an elector
12and the information in the registration list under s. 6.36 (1) (a) regarding that same
13elector, the commission shall contact the elector by mail or telephone or in person to
14resolve the discrepancies. If the commission is able to resolve the discrepancies after
15contacting the elector, the commission shall update the information on the
16registration list. If the commission is unable to contact the elector, the commission
17shall resolve any discrepancies in favor of the information in the registration list.
SB988,12,5
18(4) Except as provided in this subsection and sub. (8), if the commission
19concludes that an individual appears eligible to vote in this state but is not
20registered, and the commission has obtained from reliable sources all the
21information required under s. 6.33 (1) to complete the individual's registration, the
22commission shall enter the individual's name on the registration list. If the
23commission has not obtained from reliable sources all the information pertaining to
24an individual that is required under s. 6.33 (1), the commission shall attempt to
25obtain from reliable sources the necessary information under s. 6.33 (1) that is
1required to complete the individual's registration. If an elector's status has been
2changed from eligible to ineligible under s. 6.50 (2) or (2g) and the elector's eligibility,
3name, or residence has not changed, the commission may not change the individual's
4name to eligible status unless the commission first verifies that the individual is
5eligible and wishes to change his or her status to eligible.
SB988,12,8
6(5) The commission shall attempt to contact an individual described in sub. (4)
7if necessary to obtain all the information specified in s. 6.33 (1) pertaining to the
8individual that is required to complete the individual's registration.
SB988,12,11
9(6) If the commission is able to obtain all the required information specified in
10s. 6.33 (1) pertaining to an individual, the commission shall enter the name of the
11individual on the registration list maintained under s. 6.36 (1) (a).
SB988,12,16
12(7) The commission shall mail a notice to each individual whose name the
13commission enters under sub. (6) on the registration list maintained under s. 6.36
14(1) (a). The notice shall be printed in English, Spanish, and other languages spoken
15by a significant number of state residents, as determined by the commission, and
16shall include all of the following:
SB988,12,1917
(a) A statement informing the individual that his or her name has been entered
18on the registration list and showing the current address for the individual based on
19the commission's records.
SB988,12,2120
(b) A statement informing the individual that he or she may request to have
21his or her name deleted from the registration list and instructions for doing so.
SB988,12,2222
(c) Instructions for notifying the commission of a change in name or address.
SB988,12,2423
(d) Instructions for obtaining a confidential listing under s. 6.47 (2) and a
24description of how an individual qualifies for a confidential listing.
SB988,13,12
1(8) Any individual may file a request with the commission to exclude his or her
2name from the registration list maintained under s. 6.36 (1) (a). Any individual
3whose name is added to the registration list by the commission may file a request
4with the commission or a municipal clerk to have his or her name deleted from the
5list. A request for exclusion or deletion shall be filed in the manner prescribed by the
6commission. An individual who files an exclusion or deletion request under this
7subsection may revoke his or her request by the same means that an individual may
8request an exclusion or deletion. The commission shall ensure that the name of any
9individual who has filed an exclusion or deletion request under this subsection is
10excluded from the registration list or, if the individual's name appears on the list, is
11removed from the registration list and is not added to the list at any subsequent time
12unless the individual files a revocation of his or her request under this subsection.
SB988,13,20
13(9) If the commission removes from the registration list the name of an elector
14who does not request that his or her name be deleted, other than to correct an entry
15that the commission positively determines to be a duplication or to change the name
16of an individual who is verified to be deceased to ineligible status, the commission
17shall mail to the individual a notice of the removal or change in status by 1st class
18postcard to the individual's last-known address. The notice shall provide that the
19individual may apply to have his or her status changed to eligible if he or she is a
20qualified elector.
SB988,13,23
21(10) The commission shall attempt to facilitate the initial registration of all
22eligible electors, except as otherwise provided in this section, no later than July 1,
232025.
SB988,14,2
24(11) The commission shall maintain the confidentiality of all information
25obtained from the department of transportation under sub. (2) and may use this
1information only for the purpose of carrying out its functions under sub. (1) and s.
26.34 (2m) and in accordance with the agreement under s. 85.61 (1).
SB988,15
3Section 15
. 6.29 (2) (e) of the statutes is created to read:
SB988,14,74
6.29
(2) (e) The municipal clerk or clerk's agent shall promptly add the name
5of a qualified elector who registers and votes under this section to the registration
6list. The clerk or clerk's agent shall add the name of a qualified elector who votes at
7the elector's polling place in the manner prescribed in s. 6.33 (5) (a).
SB988,16
8Section 16
. 6.33 (2) (a) of the statutes is amended to read: