AB43: Bill Text

AB43,,32 5.053 Office of election transparency and compliance. (1) Definition. In this section, “office” means the office of election transparency and compliance.

AB43,,33 (2) Duties. The office shall do all of the following:

AB43,,34 (a) As directed by the commission by resolution, provide assistance and research to the commission concerning a sworn complaint filed under s. 5.05 (2m) or 5.06.

AB43,,35 (b) As directed by the administrator, provide assistance and research to the commission concerning the following:

AB43,,36 1. Procedures at polling places.

AB43,,37 2. Election processes.

AB43,,38 3. Audits of election systems and equipment, including with respect to accessibility requirements for individuals with disabilities.

AB43,,39 4. Responding to public records requests submitted under s. 19.35.

AB43,,40 5. Responding to inquiries and requests for assistance made by a member, committee, or house of the state legislature.

AB43,,41 6. Responding to inquiries from the public.

AB43,7 Section 7. 5.056 of the statutes is amended to read:

AB43,,43 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 weekly.

AB43,8 Section 8. 5.35 (6) (a) 4c. of the statutes is created to read:

AB43,,45 5.35 (6) (a) 4c. A voter bill of rights in substantially the following form:

AB43,,46 Voter Bill of Rights

AB43,,47 You have the following rights:

AB43,,48 • 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.

AB43,,49 • The right to inspect a sample ballot before voting.

AB43,,50 • 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.

AB43,,51 • The right to cast a secret ballot, without anyone bothering you or telling you how to vote.

AB43,,52 • If you have a disability, the right to get help casting your ballot from anyone you choose, except from your employer or union representative.

AB43,,53 • The right to get help voting in a language other than English if enough voters where you live speak your language.

AB43,,54 • 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.

AB43,,55 • 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.

AB43,,56 • The right to have your ballot counted accurately.

AB43,,57 • The right to vote free from coercion or intimidation by any election official or other person.

AB43,,58 • The right to report any illegal or fraudulent election activity to an elections official or the State of Wisconsin Elections Commission.

AB43,9 Section 9. 5.84 (1) of the statutes is amended to read:

AB43,,60 5.84 (1) Where any municipality employs an electronic voting system which utilizes automatic tabulating equipment, either at the polling place or at a central counting location, the municipal clerk shall, on any day not more than 10 days prior to the election day on which the equipment is to be utilized in an election, have the equipment tested to ascertain that it will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given by the clerk at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in one or more newspapers published within the municipality if a newspaper is published therein, otherwise in a newspaper of general circulation therein. The test shall be open to the public. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each referendum. The test shall include for each office one or more ballots which have votes in excess of the number allowed by law and, for a partisan primary election, one or more ballots which have votes cast for candidates of more than one recognized political party, in order to test the ability of the automatic tabulating equipment to reject such votes. If any error is detected, the municipal clerk shall ascertain the cause and correct the error. The clerk shall make an errorless count before the automatic tabulating equipment is approved by the clerk for use in the election.

AB43,10 Section 10. 5.86 (1) of the statutes is amended to read:

AB43,,62 5.86 (1) All proceedings at each central counting location shall be under the direction of the municipal clerk or an election official designated by the clerk unless the central counting location is at the county seat and the municipal clerk delegates the responsibility to supervise the location to the county clerk, in which case the proceedings shall be under the direction of the county clerk or an election official designated by the county clerk. If for any municipality the central counting location is at the county seat and the municipal clerk authorizes the early canvassing of absentee ballots under s. 7.525, the county clerk or the county clerk’s designee shall begin the proceedings for that municipality on the day before the election consistent with that section. Unless election officials are selected under s. 7.30 (4) (c) without regard to party affiliation, the employees at each central counting location, other than any specially trained technicians who are required for the operation of the automatic tabulating equipment, shall be equally divided between members of the 2 major political parties under s. 7.30 (2) (a) and all duties performed by the employees shall be by teams consisting of an equal number of members of each political party whenever sufficient persons from each party are available.

AB43,11 Section 11. 6.02 (1) of the statutes is amended to read:

AB43,,64 6.02 (1) Every U.S. citizen age 18 or older who has resided in an election district or ward for 28 10 consecutive days before any election where the citizen offers to vote is an eligible elector.

AB43,12 Section 12. 6.02 (2) of the statutes is amended to read:

AB43,,66 6.02 (2) Any U.S. citizen age 18 or older who moves within this state later than 28 10 days before an election shall vote at his or her previous ward or election district if the person is otherwise qualified. If the elector can comply with the 28-day 10-day residence requirement at the new address and is otherwise qualified, he or she may vote in the new ward or election district.

AB43,13 Section 13. 6.10 (3) of the statutes is amended to read:

AB43,,68 6.10 (3) When an elector moves his or her residence from one ward or municipality to another ward or municipality within the state at least 28 10 days before the election, the elector may vote in and be considered a resident of the new ward or municipality where residing upon registering at the proper polling place or other registration location in the new ward or municipality under s. 6.55 (2) or 6.86 (3) (a) 2. If the elector moves his or her residence later than 28 10 days before an election, the elector shall vote in the elector’s former ward or municipality if otherwise qualified to vote there.

AB43,14 Section 14. 6.10 (4) of the statutes is amended to read:

AB43,,70 6.10 (4) The residence of an unmarried person sleeping in one ward and boarding in another is the place where the person sleeps. The residence of an unmarried person in a transient vocation, a teacher or a student who boards at different places for part of the week, month, or year, if one of the places is the residence of the person’s parents, is the place of the parents’ residence unless through registration or similar act the person elects to establish a residence elsewhere. If the person has no parents and if the person has not registered elsewhere, the person’s residence shall be at the place that the person considered his or her residence in preference to any other for at least 28 10 consecutive days before an election. If this place is within the municipality, the person is entitled to all the privileges and subject to all the duties of other citizens having their residence there, including voting.

AB43,15 Section 15. 6.15 (1) of the statutes is amended to read:

AB43,,72 6.15 (1) Qualifications. Any person who was or who is an eligible elector under ss. 6.02 and 6.03, except that he or she has been a resident of this state for less than 28 10 consecutive days prior to the date of the presidential election, is entitled to vote for the president and vice president but for no other offices. The fact that the person was not registered to vote in the state from which he or she moved does not prevent voting in this state if the elector is otherwise qualified.

AB43,16 Section 16. 6.15 (2) (a) of the statutes is amended to read:

AB43,,74 6.15 (2) (a) The elector’s request for the application form may be made in person to the municipal clerk of the municipality where the person resides. Application may be made not sooner than 27 9 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in the ward or election district in which the elector resides. If an elector makes application before election day, the application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form:

AB43,,75 STATE OF WISCONSIN

AB43,,76 County of ....

AB43,,77 I, ...., do solemnly swear that I am a citizen of the United States; that prior to establishing Wisconsin residence, my legal residence was in the .... (town) (village) (city) of ...., state of ...., residing at .... (street address); that on the day of the next presidential election, I shall be at least 18 years of age and that I have been a legal resident of the state of Wisconsin since ...., .... (year), residing at .... (street address), in the [.... ward of the .... aldermanic district of] the (town) (village) (city) of ...., county of ....; that I have resided in the state less than 28 10 consecutive days, that I am qualified to vote for president and vice president at the election to be held November ...., .... (year), that I am not voting at any other place in this election and that I hereby make application for an official presidential ballot, in accordance with section 6.15 of the Wisconsin statutes.

AB43,,78 Signed ....

AB43,,79 P.O. Address ....

AB43,,80 Subscribed and sworn to before me this .... day of ...., .... (year)

AB43,,81 ....(Name)

AB43,,82 ....(Title)

AB43,17 Section 17. 6.15 (4) (b) of the statutes is amended to read:

AB43,,84 6.15 (4) (b) During polling hours, or between 7 a.m. and 8 p.m. on the day before the election if authorized for that election under s. 7.525, the inspectors shall open each carrier envelope, announce the elector’s name, check the affidavit for proper execution, and check the voting qualifications for the ward, if any. In municipalities where absentee ballots are canvassed under s. 7.52, the municipal board of absentee ballot canvassers shall perform this function at a meeting of the board of absentee ballot canvassers.

AB43,18 Section 18. 6.18 (form) of the statutes is amended to read:

AB43,,86 6.18 (form) This form shall be returned to the municipal clerk’s office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

AB43,,87 APPLICATION FOR PRESIDENTIAL

AB43,,88 ELECTOR’S ABSENTEE BALLOT

AB43,,89 (To be voted at the Presidential Election

AB43,,90 on November ...., .... (year)

AB43,,91 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 28 10 consecutive days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

AB43,,92 Signed ....

AB43,,93 Address ....(Present address)

AB43,,94 ....(City) ....(State)

AB43,,95 Subscribed and sworn to before me this .... day of .... .... (year)

AB43,,96 ....(Notary Public, or other officer authorized to administer oaths.)

AB43,,97 ....(County)

AB43,,98 My Commission expires

AB43,,99 MAIL BALLOT TO:

AB43,,100 NAME ....

AB43,,101 ADDRESS ....

AB43,,102 CITY .... STATE .... ZIP CODE ....

AB43,,103 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for not more than 6 months or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months or both.

AB43,,104 ....(Municipal Clerk)

AB43,,105 ....(Municipality)

AB43,19 Section 19. 6.22 (7) of the statutes is amended to read:

AB43,,107 6.22 (7) Extension of privilege. This section applies to all military electors for 28 10 days after the date of discharge from a uniformed service or termination of services or employment of individuals specified in sub. (1) (b) 1. to 4.

AB43,20 Section 20. 6.256 of the statutes is created to read:

AB43,,109 6.256 Facilitating registration of electors. (1) The commission shall use all feasible means to facilitate the registration of all eligible electors of this state and the maintenance of the registration of all eligible electors for so long as they remain eligible.

AB43,,110 (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:

AB43,,111 (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:

AB43,,112 1. The current address of the individual together with any address history and any name history maintained by the department of transportation.

AB43,,113 2. The date of birth of the individual.

AB43,,114 3. The number of the license or identification card issued to the individual.

AB43,,115 4. A copy of each 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.

AB43,,116 (b) For each item of information specified in par. (a), the most recent date that the item of information was provided to or obtained by the department of transportation.

AB43,,117 (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 any discrepancy 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 elector, the commission shall attempt to contact the elector to resolve the discrepancy and update the registration list accordingly. If the commission is unable to resolve the discrepancy, the information in the registration list shall control.

AB43,,118 (4) 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 maintained under s. 6.36 (1) (a). 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 an elector’s status has been changed from eligible to ineligible under s. 6.50 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.

AB43,,119 (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.

AB43,,120 (6) The commission shall mail a notice to each individual whose name the commission enters under sub. (4) 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: