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LRBs0167/1
JK:skw
2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 572
November 7, 2023 - Offered by Committee on Campaigns and Elections.
AB572-ASA1,1,4 1An Act to amend 6.33 (1), 12.60 (1) (a) and 54.25 (2) (c) 1. g.; to repeal and
2recreate
6.875 (6) (c) 2.; and to create 5.057 of the statutes; relating to:
3absentee voting in certain residential care facilities and retirement homes and
4court determinations of incompetency and ineligibility to vote.
Analysis by the Legislative Reference Bureau
Absentee voting in certain facilities
Under current law, under certain circumstances, a municipal clerk must
dispatch special voting deputies to a residential care facility or qualified retirement
home so that the occupants of the facility or home may cast an absentee ballot in
person with the special voting deputies rather than vote in person at the appropriate
polling place or request and complete an absentee ballot by mail. Under current law,
a retirement home is a facility occupied as a primary residence by 10 or more
unrelated individuals. A qualified retirement home is a retirement home that has
a significant number of occupants who lack adequate transportation to the polling
place, need assistance in voting, are aged 60 or over, or are indefinitely confined.
Under current law, the special voting deputies must arrange with the
administrator of the residential care facility or qualified retirement home one or
more convenient times to visit the facility or home. The administrator of the facility
or home may, upon the request of a relative of an occupant of the facility or home,

notify the relative of the time or times when special voting deputies will conduct
absentee voting at the facility or home.
This bill requires the administrator, or the administrator's designee, to provide
notice by email of the dates and times when the deputies will be visiting the
residential care facility or qualified retirement home to each individual designated
as a contact by the occupant who intends to vote by absentee ballot with the special
voting deputies.
Determinations of incompetency
Under current law, no person who is incapable of understanding the objective
of the elective process or who is under a guardianship may vote unless a court has
determined that the person is competent to vote. Current law also allows any voter
in a municipality to petition a circuit court to determine whether a person residing
in the municipality is incapable of understanding the objective of the elective
process. If the court determines that the person is incapable of such understanding,
the person is not eligible to register to vote or to vote. Current law requires the clerk
of the circuit court to communicate the court's determinations, in writing, to the
election officials who are responsible for determining challenges to registration and
voting that may be brought against the person.
This bill requires the circuit court to notify the Elections Commission, by email,
of the court's determination regarding incompetency and ineligibility to vote. Under
the bill, when the commission receives a determination of incompetency and
ineligibility to vote, the commission must, within three business days, change the
status of the voter subject to the determination to inactive on the official voter
registration list, note on the list that the voter is ineligible to vote, and notify the
voter and the voter's municipal clerk of the voter's change in status. The bill also
provides that if a court reviews a determination of incompetency and ineligibility to
vote and restores the voter's right to vote, upon receipt of that determination by
email, the commission must, within three business days, notify the voter that the
voter is eligible to vote and that the voter is required to complete a new registration
to vote if the voter intends to vote. Under the bill, the clerk must examine the
registration list before issuing a ballot to any potential voter.
Finally, under current law, an individual who votes at an election but who does
not have the necessary qualifications to vote is guilty of a Class I felony. Under the
bill, the penalty does not apply to an individual who has been determined ineligible
to vote due to incompetency, but the individual's vote is excluded from the final tally
for that election.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB572-ASA1,1 1Section 1 . 5.057 of the statutes is created to read:
AB572-ASA1,3,15
15.057 Determination of ineligibility to vote due to incompetency. (1)
2 Upon receipt of a determination of ineligibility to register to vote or to vote under
3s. 54.25 (2) (c) 1. g., the commission shall, no later than 3 business days after receiving
4the determination, change the status of the elector subject to the determination to
5inactive on the official registration list under s. 6.36, note on the list that the elector
6is ineligible to vote in accordance with s. 6.03 (3), and notify the elector and the
7elector's municipal clerk of the elector's change in status. If the commission does not
8have a record of the elector upon receipt of a determination of ineligibility, the
9commission shall create a record listing the elector as ineligible to vote in accordance
10with s. 6.03 (3) and provide a copy of that record to the elector's municipal clerk. Upon
11receipt of a registration to vote, the municipal clerk shall examine the registration
12list to determine whether the elector is ineligible to vote in accordance with s. 6.03
13(3) and shall notify the elector if the clerk determines that the elector is ineligible.
14The clerk shall examine the registration list before issuing a ballot to any potential
15elector.
AB572-ASA1,3,23 16(2) If under s. 54.64 (2) (a) a court subsequently reviews a determination of
17ineligibility to vote under s. 54.25 (2) (c) 1. g. and restores an elector's right to vote,
18as provided under s. 54.64 (2) (c), upon receipt of the reviewing court's determination,
19the commission shall, no later than 3 business days after receiving the
20determination, notify the elector that the elector is eligible to vote, but is required
21to complete a new voter registration if the voter intends to vote. The commission
22shall submit with the notice a registration form for the elector to complete and return
23to the municipal clerk, if the elector intends to vote.
AB572-ASA1,2 24Section 2. 6.33 (1) of the statutes is amended to read:
AB572-ASA1,5,18
16.33 (1) The commission shall prescribe the format, size, and shape of
2registration forms. All nonelectronic forms shall be printed and each item of
3information shall be of uniform font size, as prescribed by the commission. Except
4as otherwise provided in this subsection, electronic forms shall contain the same
5information as nonelectronic forms. The municipal clerk shall supply sufficient
6forms to meet voter registration needs. The commission shall design the form to
7obtain from each elector information as to name; date; residence location; location of
8previous residence immediately before moving to current residence location;
9citizenship; date of birth; age; the number of a current and valid operator's license
10issued to the elector under ch. 343 or the last 4 digits of the elector's social security
11account number; whether the elector has resided within the ward or election district
12for the number of consecutive days specified in s. 6.02 (1); whether the elector has
13been convicted of a felony for which he or she has not been pardoned, and if so,
14whether the elector is incarcerated, or on parole, probation, or extended supervision;
15whether the elector is disqualified on any other ground from voting , including being
16adjudicated incompetent to exercise the right to register to vote or to vote in an
17election
; and whether the elector is currently registered to vote at any other location.
18The forms shall provide check boxes for the elector to indicate whether he or she is
19disqualified to vote and, if disqualified to vote, the grounds for which the elector is
20so disqualified.
The commission shall include on the nonelectronic form a space for
21the elector's signature and on the electronic form the authorization specified under
22s. 6.30 (5). Below the space for the signature or authorization, respectively, the
23commission shall include the following statement: “Falsification of information on
24this form is punishable under Wisconsin law as a Class I felony." The commission
25shall include on the form a space to enter the name of any inspector, municipal clerk,

1or deputy clerk under s. 6.55 (2) who obtains the form and a space for the inspector,
2clerk, or deputy clerk to sign his or her name, affirming that the inspector, clerk, or
3deputy clerk has accepted the form. The commission shall include on the form a
4space for entry of the ward and aldermanic district, if any, where the elector resides
5and any other information required to determine the offices and referenda for which
6the elector is certified to vote. The commission shall also include on the form a space
7where the clerk may record an indication of whether the form is received by mail or
8by electronic application, a space where the clerk shall record an indication of the
9type of identifying document submitted by the elector as proof of residence under s.
106.34 or an indication that the elector's information in lieu of proof of residence was
11verified under s. 6.34 (2m), the name of the entity or institution that issued the
12identifying document, and, if the identifying document includes a number that
13applies only to the individual holding that document, that number. The commission
14shall also include on the form a space where the clerk, for any elector who possesses
15a valid voting identification card issued to the person under s. 6.47 (3), may record
16the identification serial number appearing on the voting identification card. Each
17county clerk shall obtain sufficient registration forms for completion by an elector
18who desires to register to vote at the office of the county clerk under s. 6.28 (4).
AB572-ASA1,3 19Section 3. 6.875 (6) (c) 2. of the statutes is repealed and recreated to read:
AB572-ASA1,6,420 6.875 (6) (c) 2. The administrator of a qualified retirement home or residential
21care facility, or the administrator's designee, shall provide notice by email of the
22dates and times when the special voting deputies will be visiting the home or facility
23to each individual designated as a contact by the occupant who intends to vote by
24absentee ballot with the deputies. The content of the email shall contain a disclaimer
25that the occupant maintains the right of privacy and that the notice is for information

1purposes only. The administrator, or administrator's designee, may provide the
2same notice to any other individual upon the occupant's request. Any individual
3receiving a notice under this subdivision may be present in the room where the voting
4is conducted.
AB572-ASA1,4 5Section 4. 12.60 (1) (a) of the statutes is amended to read:
AB572-ASA1,6,106 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3)
7(a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony. This paragraph does
8not apply to a violation of s. 12.13 (1) (a) by an individual who is determined ineligible
9to register to vote or to vote under s. 54.25 (2) (c) 1. g., but the individual's vote shall
10not be included in the final tally for that election.
AB572-ASA1,5 11Section 5 . 54.25 (2) (c) 1. g. of the statutes is amended to read:
AB572-ASA1,7,1712 54.25 (2) (c) 1. g. The right to register to vote or to vote in an election, if the court
13finds that the individual is incapable of understanding the objective of the elective
14process. Also, in accordance with s. 6.03 (3), any elector of a municipality may
15petition the circuit court for a determination that an individual residing in the
16municipality is incapable of understanding the objective of the elective process and
17thereby ineligible to register to vote or to vote in an election. This determination
18shall be made by the court in accordance with the procedures specified in this
19paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall
20be limited to a determination as to voting eligibility. The appointment of a guardian
21is not required for an individual whose sole limitation is ineligibility to vote. The
22court shall, no later than 3 days after the determination, notify the elections
23commission by email of the
determination of the court shall be communicated in
24writing by the clerk of court to the election official or agency charged under s. 6.48,
256.92, 6.925, 6.93, or 7.52 (5) with the responsibility for determining challenges to

1registration and voting that may be directed against that elector
. An email
2notification sent to the elections commission under this subd. 1. g. shall remain
3confidential, except as otherwise provided under s. 19.36. The court shall also, at the
4time of the determination, provide the determination in writing to the elector and the
5elector's guardian, if applicable.
The determination may be reviewed as provided in
6s. 54.64 (2), and the court shall notify the elections commission, the elector, and the
7elector's guardian, if applicable, by mail and email of
any subsequent determination
8of the court shall be likewise communicated by the clerk of court. All notices provided
9to the elections commission under this subd. 1. g. shall include the full name;
10residential address, including city, state, and zip code; mailing address, if different
11than the residential address; and date of birth of the individual subject to the
12determination. If the court appoints a guardian for an individual who is ineligible
13to vote, the guardian shall immediately report any residential or mailing address
14change for the individual to the court, and the court shall, no later than 3 days after
15the determination, notify the elections commission of that address by email. The
16court shall use a standardized notice of eligibility form to communicate its
17determinations to the elector and the elector's guardian, if applicable
.
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