SB70: Bill Text

SB70,,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.

SB70,,104 ....(Municipal Clerk)

SB70,,105 ....(Municipality)

SB70,19 Section 19. 6.22 (7) of the statutes is amended to read:

SB70,,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.

SB70,20 Section 20. 6.256 of the statutes is created to read:

SB70,,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.

SB70,,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:

SB70,,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:

SB70,,112 1. The current address of the individual together with any address history and any name history maintained by the department of transportation.

SB70,,113 2. The date of birth of the individual.

SB70,,114 3. The number of the license or identification card issued to the individual.

SB70,,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.

SB70,,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.

SB70,,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.

SB70,,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.

SB70,,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.

SB70,,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:

SB70,,121 (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.

SB70,,122 (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.

SB70,,123 (c) Instructions for notifying the commission of a change in name or address.

SB70,,124 (d) Instructions for obtaining a confidential listing under s. 6.47 (2) and a description of how an individual qualifies for a confidential listing.

SB70,,125 (7) Any individual may file a request with the commission to exclude his or her name from the registration list maintained under s. 6.36 (1) (a). 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.

SB70,,126 (8) If the commission removes from the registration list maintained under s. 6.36 (1) (a) the name of an elector who does not request that his or her name be deleted, or changes the elector’s status from eligible to ineligible, other than to correct an entry that the commission 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.

SB70,,127 (9) The commission shall attempt to facilitate the initial registration of all eligible electors as soon as practicable.

SB70,,128 (10) 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).

SB70,21 Section 21. 6.28 (1) (b) of the statutes is amended to read:

SB70,,130 6.28 (1) (b) All applications for registration corrections and additions may be made throughout the year at the office of the city board of election commissioners, at the office of the municipal clerk, at the office of the county clerk, or at other locations provided by the board of election commissioners or the common council in cities over 500,000 population or by either or both the municipal clerk, or the common council, village or town board in all other municipalities and may also be made during the school year at any high school by qualified persons under sub. (2m) (a). An elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.

SB70,22 Section 22. 6.28 (2m) of the statutes is created to read:

SB70,,132 6.28 (2m) At high schools. (a) Public high schools shall be used for registration for enrolled students and members of the high school staff.

SB70,,133 (b) The municipal clerk of each municipality shall notify the school board of each school district in which the municipality is located that high schools shall be used for registration pursuant to par. (a). The school board and the municipal clerk shall agree upon the appointment of at least one qualified elector at each high school as a special school registration deputy. The municipal clerk shall appoint such person as a school registration deputy and explain the person’s duties and responsibilities. Students and staff may register at the high school on any day that classes are regularly held. The school registration deputies shall promptly forward properly completed registration forms to the municipal clerk of the municipality in which the registering student or staff member resides. The municipal clerk, upon receiving such registration forms, shall add all those registering electors who have met the registration requirements to the registration list. The municipal clerk may reject any registration form and shall promptly notify the person whose registration is rejected of the rejection and the reason therefor. A person whose registration is rejected may reapply for registration if he or she is qualified. The form of each high school student who is qualified and will be eligible to vote at the next election shall be filed in such a way that when a student attains the age of 18 years the student is registered to vote automatically. Each school board shall assure that the principal of every high school communicates elector registration information to students.

SB70,,134 (c) The principal of any private high school or of any tribal school, as defined in s. 115.001 (15m), that operates high school grades that has a substantial number of students residing in a municipality may request the municipal clerk to appoint a special school registration deputy in accordance with par. (b). Students and staff may register at the high school on any day that classes are regularly held. The clerk shall appoint a special school registration deputy in the high school if the clerk determines the school to have a substantial number of students residing in the municipality.

SB70,23 Section 23. 6.29 (2) (a) of the statutes is amended to read:

SB70,,136 6.29 (2) (a) Any qualified elector of a municipality who has not previously filed a registration form or whose name does not appear on the registration list of the municipality may register after the close of registration but not later than 5 p.m. or the close of business, whichever is later, on the Friday before an election at the office of the municipal clerk and at the office of the clerk’s agent if the clerk delegates responsibility for electronic maintenance of the registration list to an agent under s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2), a registration form containing all information required under s. 6.33 (1). The registration form shall also contain the following certification: “I, ...., hereby certify that, to the best of my knowledge, I am a qualified elector, having resided at ... for at least 28 10 consecutive days immediately preceding this election, and I have not voted at this election”. The elector shall also provide proof of residence under s. 6.34.

SB70,24 Section 24. 6.29 (2) (e) of the statutes is created to read:

SB70,,138 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 maintained under s. 6.36 (1) (a). 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).

SB70,25 Section 25. 6.33 (2) (a) of the statutes is amended to read:

SB70,,140 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.

SB70,26 Section 26. 6.35 (3) of the statutes is amended to read:

SB70,,142 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 records of registrations that are entered electronically under s. 6.30 (5) and make such records available for inspection by the municipal clerk, the clerk’s designated agent, or the board of election commissioners.

SB70,27 Section 27. 6.55 (2) (a) (form) of the statutes is amended to read:

SB70,,144 6.55 (2) (a) (form) “I, ...., hereby certify that, to the best of my knowledge, I am a qualified elector, having resided at .... for at least 28 10 consecutive days immediately preceding this election, and I have not voted at this election.”

SB70,28 Section 28. 6.85 (2) of the statutes is amended to read:

SB70,,146 6.85 (2) Any otherwise qualified elector who changes residence within this state by moving to a different ward or municipality later than 28 10 days prior to an election may vote an absentee ballot in the ward or municipality where he or she was qualified to vote before moving.

SB70,29 Section 29. 6.86 (1) (b) of the statutes is amended to read:

SB70,,148 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. 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 election inspectors of the proper ward or election district 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.

SB70,30 Section 30. 6.86 (3) (c) of the statutes is amended to read:

SB70,,150 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.

SB70,31 Section 31. 6.87 (2) (form) of the statutes is amended to read:

SB70,,152 6.87 (2) (form)

SB70,,153 [STATE OF ....

SB70,,154 County of ....]

SB70,,155 or

SB70,,156 [(name of foreign country and city or other jurisdictional unit)]

SB70,,157 I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of the .... aldermanic district in the city of ...., residing at ....* in said city, the county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at the election to be held on ....; that I am not voting at any other location in this election; that I am unable or unwilling to appear at the polling place in the (ward) (election district) on election day or have changed my residence within the state from one ward or election district to another later than 28 10 days before the election. I certify that I exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her) presence and in the presence of no other person marked the ballot and enclosed and sealed the same in this envelope in such a manner that no one but myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could know how I voted.

SB70,,158 Signed ....

SB70,,159 Identification serial number, if any: ....

SB70,,160 The witness shall execute the following:

SB70,,161 I, the undersigned witness, subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, certify that I am an adult U.S. citizen** and that the above statements are true and the voting procedure was executed as there stated. I am not a candidate for any office on the enclosed ballot (except in the case of an incumbent municipal clerk). I did not solicit or advise the elector to vote for or against any candidate or measure.

SB70,,162 ....(Printed name)

SB70,,163 ....(Address)***

SB70,,164 Signed ....

SB70,,165 * — An elector who provides an identification serial number issued under s. 6.47 (3), Wis. Stats., need not provide a street address.

SB70,,166 ** — An individual who serves as a witness for a military elector or an overseas elector voting absentee, regardless of whether the elector qualifies as a resident of Wisconsin under s. 6.10, Wis. Stats., need not be a U.S. citizen but must be 18 years of age or older.

SB70,,167 *** — If this form is executed before 2 special voting deputies under s. 6.875 (6), Wis. Stats., both deputies shall witness and sign.

SB70,32 Section 32. 6.87 (6) of the statutes is amended to read:

SB70,,169 6.87 (6) The ballot shall be returned so it is delivered to the polling place election inspectors of the proper ward or election district no later than 8 p.m. on election day. Except in municipalities where absentee ballots are canvassed under s. 7.52, if the municipal clerk receives an absentee ballot on election day, the clerk shall secure the ballot and cause the ballot to be delivered to the polling place serving the elector’s residence before 8 p.m. Any ballot not mailed or delivered as provided in this subsection may not be counted.

SB70,33 Section 33. 6.88 (1) of the statutes is amended to read:

SB70,,171 6.88 (1) When an absentee ballot arrives at the office of the municipal clerk, or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it, unopened, in a carrier envelope which shall be securely sealed and endorsed with the name and official title of the clerk, and the words “This envelope contains the ballot of an absent elector and must be opened in the same room where votes are being cast at the polls during polling hours on election day or, in municipalities where absentee ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of absentee ballot canvassers under s. 7.52, stats only as provided by law.” If the elector is a military elector, as defined in s. 6.34 (1), or an overseas elector, regardless of whether the elector qualifies as a resident of this state under s. 6.10, and the ballot was received by the elector by facsimile transmission or electronic mail and is accompanied by a separate certificate, the clerk shall enclose the ballot in a certificate envelope and securely append the completed certificate to the outside of the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep the ballot in the clerk’s office or at the alternate site, if applicable until delivered, as required in sub. (2).

SB70,34 Section 34. 6.88 (3) (a) of the statutes is amended to read:

SB70,,173 6.88 (3) (a) Except in municipalities where absentee ballots are canvassed under s. 7.52, at any time between the opening and closing of the polls on election day, 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, in the same room where votes are being cast, or in the place where absentee ballots begin being canvassed early under s. 7.525, in such a manner that members of the public can hear and see the procedures, open the carrier envelope only, and announce the name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47 (2). When the inspectors find that the certification has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, they shall enter an indication on the poll list next to the applicant’s name indicating an absentee ballot is cast by the elector. They shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The inspectors shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If the poll list indicates that proof of residence under s. 6.34 is required and proof of residence is enclosed, the inspectors shall enter both the type of identifying document submitted by the absent elector and the name of the entity or institution that issued the identifying document on the poll list in the space provided. If the poll list indicates that proof of residence under s. 6.34 is required and no proof of residence is enclosed or the name or address on the document that is provided is not the same as the name and address shown on the poll list, the inspectors shall proceed as provided under s. 6.97 (2). The inspectors shall then deposit the ballot into the proper ballot box and enter the absent elector’s name or voting number after his or her name on the poll list in the same manner as if the elector had been present and voted in person.

SB70,35 Section 35. 6.94 of the statutes is amended to read:

SB70,,175 6.94 Challenged elector oath. If the person challenged refuses to answer fully any relevant questions put to him or her by the inspector under s. 6.92, the inspectors shall reject the elector’s vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the inspectors shall administer to the person the following oath or affirmation: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 28 10 consecutive days have been a resident of this ward except under s. 6.02 (2); you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election”. If the person challenged refuses to take the oath or affirmation, the person’s vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the inspector under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person’s vote shall be received.

SB70,36 Section 36. 7.52 (1) (a) of the statutes is amended to read:

SB70,,177 7.52 (1) (a) The governing body of any municipality may provide by ordinance that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall, at each election held in the municipality, canvass all absentee ballots received by the municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this subsection, the municipal clerk or board of election commissioners of the municipality shall notify the elections commission in writing of the proposed enactment and shall consult with the elections commission concerning administration of this section. At every election held in the municipality following enactment of an ordinance under this subsection, the board of absentee ballot canvassers shall, between 7 a.m. and 8 p.m. on the day before the election if authorized for that election under s. 7.525 or any time after the opening of the polls and before 10 p.m. on election day, publicly convene to count the absentee ballots for the municipality. The municipal clerk shall give at least 48 hours’ notice of any meeting under this subsection. Any member of the public has the same right of access to a meeting of the municipal board of absentee ballot canvassers under this subsection that the individual would have under s. 7.41 to observe the proceedings at a polling place. The board of absentee ballot canvassers may order the removal of any individual exercising the right to observe the proceedings if the individual disrupts the meeting.

SB70,37 Section 37. 7.52 (5) (b) of the statutes is amended to read:

SB70,,179 7.52 (5) (b) For the purpose of deciding upon ballots that are challenged for any reason, the board of absentee ballot canvassers may call before it any person whose absentee ballot is challenged if the person is available to be called. If the person challenged refuses to answer fully any relevant questions put to him or her by the board of absentee ballot canvassers under s. 6.92, the board of absentee ballot canvassers shall reject the person’s vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the members of the board of absentee ballot canvassers shall administer to the person the following oath or affirmation: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 28 10 consecutive days have been a resident of this ward except under s. 6.02 (2), stats.; you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election.” If the person challenged refuses to take the oath or affirmation, the person’s vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the board of absentee ballot canvassers under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person’s vote shall be received.

SB70,38 Section 38. 7.52 (10) of the statutes is created to read:

SB70,,181 7.52 (10) If, subject to s. 7.525, absentee ballots begin being canvassed under this section on the day before the election, no action under subs. (4) to (8) may be performed before election day.

SB70,39 Section 39. 7.525 of the statutes is created to read:

SB70,,183 7.525 Early canvassing of absentee ballots. (1) Authorizing early canvassing; requirements. (a) 1. The municipal clerk or municipal board of election commissioners may elect to begin the canvassing of absentee ballots received by the municipal clerk on the day before any election.

SB70,,184 2. Prior to the canvass under subd. 1., the municipal clerk or municipal board of election commissioners shall notify the elections commission in writing and shall consult with the elections commission concerning administration of this section.

SB70,,185 (b) Ballots may be canvassed early under this section only between 7 a.m. and 8 p.m. on the day before the election and may not be tallied until after the polls close on election day.

SB70,,186 (c) Any member of the public has the same right of access to a place where absentee ballots are being canvassed early under this section that the individual would have under s. 7.41 to observe the proceedings at a polling place.

SB70,,187 (d) When not in use, automatic tabulating equipment used for purposes of this section and the areas where the programmed media, memory devices, and ballots are housed shall be secured with tamper-evident security seals in a double-lock location such as a locked cabinet inside a locked office.

SB70,,188 (e) No person may act in any manner that would give him or her the ability to know or to provide information on the accumulating or final results from the ballots canvassed early under this section before the close of the polls on election day. A person who violates this paragraph is guilty of a Class I felony.

SB70,,189 (2) Notice requirements. Absentee ballots may not begin being canvassed early under this section for any election unless all of the following apply:

SB70,,190 (a) At least 70 days before the election the municipal clerk or executive director of the municipal board of election commissioners notifies in writing the county clerk or executive director of the county board of election commissioners that early canvassing of absentee ballots will take place in the election.

SB70,,191 (b) The notice under s. 10.01 (2) (e) specifies the date and time during which, and each location where, the early canvassing of absentee ballots will be conducted.