SB45: Bill Text

SB45,11 Section 11. 5.84 (1) of the statutes is amended to read:

SB45,9,6 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.

SB45,12 Section 12. 5.86 (1) of the statutes is amended to read:

SB45,9,23 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.

SB45,13 Section 13. 6.02 (1) of the statutes is amended to read:

SB45,10,4 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.

SB45,14 Section 14. 6.02 (2) of the statutes is amended to read:

SB45,10,10 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.

SB45,15 Section 15. 6.10 (3) of the statutes is amended to read:

SB45,10,19 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.

SB45,16 Section 16. 6.10 (4) of the statutes is amended to read:

SB45,11,9 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.

SB45,17 Section 17. 6.15 (1) of the statutes is amended to read:

SB45,11,16 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.

SB45,18 Section 18. 6.15 (2) (a) of the statutes is amended to read:

SB45,12,2 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:

SB45,12,3 STATE OF WISCONSIN

SB45,12,4 County of ....

SB45,12,15 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.

SB45,12,16 Signed ....

SB45,12,17 P.O. Address ....

SB45,12,18 Subscribed and sworn to before me this .... day of ...., .... (year)

SB45,12,19 ....(Name)

SB45,12,20 ....(Title)

SB45,19 Section 19. 6.15 (4) (b) of the statutes is amended to read:

SB45,13,5 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.

SB45,20 Section 20. 6.18 (form) of the statutes is amended to read:

SB45,13,10 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.

SB45,13,11 APPLICATION FOR PRESIDENTIAL

SB45,13,12 ELECTOR’S ABSENTEE BALLOT

SB45,13,13 (To be voted at the Presidential Election

SB45,13,14 on November ...., .... (year)

SB45,13,23 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.

SB45,14,1 Signed ....

SB45,14,2 Address ....(Present address)

SB45,14,3 ....(City) ....(State)

SB45,14,4 Subscribed and sworn to before me this .... day of .... .... (year)

SB45,14,5 ....(Notary Public, or other officer authorized to administer oaths.)

SB45,14,6 ....(County)

SB45,14,7 My Commission expires

SB45,14,8 MAIL BALLOT TO:

SB45,14,9 NAME ....

SB45,14,10 ADDRESS ....

SB45,14,11 CITY .... STATE .... ZIP CODE ....

SB45,14,16 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.

SB45,14,17 ....(Municipal Clerk)

SB45,14,18 ....(Municipality)

SB45,21 Section 21. 6.22 (7) of the statutes is amended to read:

SB45,14,22 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.

SB45,22 Section 22. 6.256 of the statutes is created to read:

SB45,15,4 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.

SB45,15,8 (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:

SB45,15,12 (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:

SB45,15,14 1. The current address of the individual together with any address history and any name history maintained by the department of transportation.

SB45,15,15 2. The date of birth of the individual.

SB45,15,16 3. The number of the license or identification card issued to the individual.

SB45,15,19 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.

SB45,15,22 (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.

SB45,16,7 (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.

SB45,16,20 (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.

SB45,16,23 (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.

SB45,17,5 (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:

SB45,17,8 (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.

SB45,17,10 (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.

SB45,17,11 (c) Instructions for notifying the commission of a change in name or address.

SB45,17,13 (d) Instructions for obtaining a confidential listing under s. 6.47 (2) and a description of how an individual qualifies for a confidential listing.

SB45,18,3 (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.

SB45,18,12 (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.

SB45,18,14 (9) The commission shall attempt to facilitate the initial registration of all eligible electors as soon as practicable.

SB45,18,18 (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).

SB45,23 Section 23. 6.28 (1) (b) of the statutes is amended to read:

SB45,19,6 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 be made during the school year at any public high school by high school staff members and qualified students under sub. (2m). 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.

SB45,24 Section 24. 6.28 (2m) of the statutes is created to read:

SB45,19,9 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.

SB45,20,5 (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 ensure that the principal of every high school communicates elector registration information to students.

SB45,20,13 (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. If the clerk appoints such a deputy, students and staff may register at the high school on any day that classes are regularly held, in the manner provided under par. (b). 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.

SB45,25 Section 25. 6.29 (2) (a) of the statutes is amended to read:

SB45,21,4 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.

SB45,26 Section 26. 6.29 (2) (e) of the statutes is created to read:

SB45,21,10 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).

SB45,27 Section 27. 6.33 (2) (a) of the statutes is amended to read:

SB45,21,23 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.

SB45,28 Section 28. 6.35 (3) of the statutes is amended to read:

SB45,22,7 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.

SB45,29 Section 29. 6.55 (2) (a) (form) of the statutes is amended to read:

SB45,22,11 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.”

SB45,30 Section 30. 6.85 (2) of the statutes is amended to read:

SB45,22,16 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.

SB45,31 Section 31. 6.86 (1) (b) of the statutes is amended to read: