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MPG:klm&amn
2021 - 2022 LEGISLATURE
June 14, 2021 - Introduced by Representatives Brandtjen, Ramthun,
Cabral-Guevara, Dittrich, Edming, Gundrum, Knodl, Kuglitsch,
Magnafici, Murphy, Rozar, Schraa, Tittl and Wichgers, cosponsored by
Senators Jacque, Ballweg, Felzkowski and Wanggaard. Referred to
Committee on Government Accountability and Oversight.
AB398,1,7 1An Act to amend 5.05 (2m) (a) and 6.56 (4); and to create 5.05 (2m) (fg), 5.05
2(2m) (fh) and 5.05 (2m) (fi) of the statutes; relating to: investigations by the
3Elections Commission based on information provided by the Electronic
4Registration Information Center and municipalities indicating that Wisconsin
5registered voters may have voted more than once in the same election or that
6individuals voted in an election despite being disqualified from voting for
7certain reasons.
Analysis by the Legislative Reference Bureau
Under current law, the administrator of the Elections Commission is required
to enter into a membership agreement with the Electronic Registration Information
Center (ERIC) to assist the commission in maintaining Wisconsin's official voter
registration list. The information ERIC provides to the commission includes
information about voters registered in Wisconsin who may have voted more than
once in the same election because the voter also voted in another state.
With respect to ERIC, this bill requires the commission to do all of the following
within 30 days after each general election:
1. Request, obtain, and investigate information provided by ERIC indicating
that individuals registered to vote in Wisconsin may have voted in another state in
the same election or that individuals voted in an election who were disqualified from

voting because of a felony conviction or because the individual has been adjudicated
incompetent to vote.
2. If the commission finds probable cause to believe a voter voted more than
once in the same election or voted in an election when the individual was disqualified
from voting because of a felony conviction or because the individual has been
adjudicated incompetent to vote, refer the matter to the appropriate district attorney
and to the attorney general.
3. Submit a report to the legislature that describes in detail each such referral
to a district attorney and the attorney general.
Also, under current law, after an election, each municipal clerk and municipal
board of election commissioners is required to perform an audit to assure that no
voter voted more than once in the election. If a municipal clerk or municipal board
of election commissioners has good reason to believe that a voter voted more than
once in an election, the municipal clerk or board of election commissioners is required
to send the voter a letter regarding the matter and send a copy of the letter and
subsequent information to the local district attorney and the Elections Commission.
This bill requires the commission to verify receipt by district attorneys of the
required letters and information. The bill further provides that if, after investigation
of the letter and information provided by a municipal clerk or municipal board of
election commissioners, the commission determines that there is probable cause to
believe that a voter voted more than once in the same election, the commission must
refer the matter to the appropriate district attorney and to the attorney general.
Additionally, the bill requires the commission to initiate an investigation,
without the filing of a sworn complaint, of information from ERIC or a municipal
clerk or municipal board of election commissioners indicating a voter may have voted
more than once in an election. Under current law, the commission may generally
initiate an investigation relating to an election law violation only if a sworn
complaint is filed with the commission alleging a violation.
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:
AB398,1 1Section 1. 5.05 (2m) (a) of the statutes is amended to read:
AB398,3,72 5.05 (2m) (a) The commission shall investigate violations of laws administered
3by the commission and may prosecute alleged civil violations of those laws, directly
4or through its agents under this subsection, pursuant to all statutes granting or
5assigning that authority or responsibility to the commission. Prosecution of alleged
6criminal violations investigated by the commission may be brought only as provided

1in par. (c) 11., 14., 15., and 16. and s. 978.05 (1). For purposes of this subsection,
2except as provided under par. (fi), the commission may only initiate an investigation
3of an alleged violation of chs. 5 to 10 and 12, other than an offense described under
4par. (c) 12., based on a sworn complaint filed with the commission, as provided under
5par. (c). Neither the commission nor any member or employee of the commission,
6including the commission administrator, may file a sworn complaint for purposes of
7this subsection.
AB398,2 8Section 2. 5.05 (2m) (fg) of the statutes is created to read:
AB398,3,109 5.05 (2m) (fg) No later than 30 days after each general election, the commission
10shall do all of the following:
AB398,3,1511 1. Request, obtain, and investigate information from the Electronic
12Registration Information Center, Inc., indicating that individuals registered to vote
13in this state voted more than once in the same election or that individuals
14disqualified from voting under s. 6.03 (1) (a) and (3) or under s. 6.03 (1) (b) voted in
15an election.
AB398,3,2016 2. If, after investigation under subd. 1., the commission determines that there
17is probable cause to believe that an individual voted more than once in the same
18election or that an individual disqualified from voting under s. 6.03 (1) (a) and (3) or
19under s. 6.03 (1) (b) voted in an election, refer the matter to the district attorney as
20provided in par. (c) 11. and, except as provided in par. (i), to the attorney general.
AB398,4,421 3. Submit to the chief clerk of each house of the legislature for referral to the
22appropriate standing committees under s. 13.172 (3) a report that describes in detail
23each referral made under subd. 2., including, with respect to each individual for
24whom the commission found there is probable cause to believe that he or she voted
25more than once in the same election or voted in an election at which he or she was

1disqualified from voting under s. 6.03 (1) (a) and (3) or under s. 6.03 (1) (b), the
2individual's identity and an identification of each location, including the
3municipality, county, and state where the individual is alleged to have voted in the
4election.
AB398,3 5Section 3. 5.05 (2m) (fh) of the statutes is created to read:
AB398,4,106 5.05 (2m) (fh) 1. If, after investigation of information received under s. 6.56 (4),
7the commission determines there is probable cause to believe an individual voted
8more than once in the same election, the commission shall refer the matter to the
9district attorney as provided in par. (c) 11. and, except as provided in par. (i), to the
10attorney general.
AB398,4,1811 2. In each report it submits to the legislature under s. 7.15 (1) (g), the
12commission shall include information relating to its duties under this paragraph,
13including the number of letters the commission received under s. 6.56 (4) after an
14election and the number of referrals made under subd. 1.; a detailed description of
15each referral; and the outcome of the referral, including whether the referral
16resulted in a criminal prosecution, an explanation of the disposition of that
17prosecution, and, if the referral did not result in a criminal prosecution, the reasons
18for not prosecuting.
AB398,4 19Section 4. 5.05 (2m) (fi) of the statutes is created to read:
AB398,4,2220 5.05 (2m) (fi) 1. Each county and municipal clerk and board of election
21commissioners shall cooperate fully with commission investigations under pars. (fg)
22and (fh).
AB398,5,223 2. The commission shall initiate an investigation under pars. (fg) and (fh), and
24shall initiate an investigation based on any information the commission receives

1from the Electronic Registration Information Center, Inc., without the filing of a
2sworn complaint under par. (a).
AB398,5 3Section 5 . 6.56 (4) of the statutes is amended to read:
AB398,5,164 6.56 (4) After each election, the municipal clerk shall perform an audit to
5assure that no person has been allowed to vote more than once. Whenever the
6municipal clerk has good reason to believe that a person has voted more than once
7in an election, the clerk shall send the person a 1st class letter marked in accordance
8with postal regulations to ensure that it will be returned to the clerk if the elector
9does not reside at the address given on the letter. The letter shall inform the person
10that all registrations relating to that person may be changed from eligible to
11ineligible status within 7 days unless the person contacts the office of the clerk to
12clarify the matter. A copy of the letter and of any subsequent information received
13from or about the addressee shall be sent to the district attorney for the county where
14the person resides and the commission. The commission shall verify the district
15attorney's receipt of each letter and all subsequent information required to be sent
16to the district attorney under this subsection.
AB398,5,1717 (End)
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