AB981: Bill Text

AB981,129 Section 129. 6.33 (5) (b) of the statutes is amended to read:

AB981,59,12 6.33 (5) (b) The municipal clerk of any municipality may, by mutual consent, designate any other municipal clerk or any county clerk as the clerk's agent to carry out the functions of the municipal clerk under this section for that municipality. The municipal clerk shall notify the county clerk of each county in which the municipality is located and the commission secretary of state of any such designation in writing. The municipal clerk may, by similar notice to the clerk's agent at least 14 days prior to the effective date of any change, discontinue the designation. If the municipal clerk designates another municipal clerk or a county clerk as his or her agent, the municipal clerk shall immediately forward all registration changes filed with the clerk and voting record information obtained by the clerk to the clerk's agent for electronic entry on the registration list.

AB981,130 Section 130. 6.34 (2m) of the statutes is amended to read:

AB981,59,20 6.34 (2m) An elector who registers by electronic application under s. 6.30 (5) is not required to provide proof of residence under sub. (2) if, at the time of registration, the elector provides the number of a current and valid operator's license issued under ch. 343, or the number of a current and valid identification card issued under s. 343.50, together with the elector's name and date of birth and the commission secretary of state is able to verify the information specified under sub. (3) (b) using the system maintained under sub. (4).

AB981,131 Section 131. 6.34 (4) of the statutes is amended to read:

AB981,60,6 6.34 (4) The commission secretary of state shall maintain a system that electronically verifies, on an instant basis, information specified under sub. (3) (b) from the information submitted in lieu of proof of residence under sub. (2m), using the information maintained by the department of transportation pursuant to the commission's secretary of state's agreement with the secretary of transportation under s. 85.61 (1). If a prospective elector enters information specified under sub. (3) (b) 2. into the system that does not match such information maintained by the department of transportation, the system shall redirect the elector to the department of transportation's Internet site so that the elector may update his or her information with the department of transportation.

AB981,132 Section 132. 6.35 (2) of the statutes is amended to read:

AB981,60,11 6.35 (2) The commission secretary of state shall prescribe, by rule, the procedure and methods by which municipal clerks and boards of election commissioners shall maintain records of registrations that are entered electronically under s. 6.30 (5).

AB981,133 Section 133. 6.36 (1) (a) (intro.) of the statutes is amended to read:

AB981,60,15 6.36 (1) (a) (intro.) The commission secretary of state shall compile and maintain electronically an official registration list. The list shall contain all of the following:

AB981,134 Section 134. 6.36 (1) (a) 4. of the statutes is amended to read:

AB981,60,18 6.36 (1) (a) 4. For each elector, a unique registration identification number assigned by the commission secretary of state.

AB981,135 Section 135. 6.36 (1) (a) 9. of the statutes is amended to read:

AB981,60,22 6.36 (1) (a) 9. Any information relating to the elector that appears on the current list transmitted to the commission secretary of state by the department of corrections under s. 301.03 (20m).

AB981,136 Section 136. 6.36 (1) (am) of the statutes is amended to read:

AB981,61,3 6.36 (1) (am) The list under par. (a) may contain such other information as may be determined by the commission secretary of state to facilitate administration of elector registration requirements.

AB981,137 Section 137. 6.36 (1) (b) 1. a. of the statutes is amended to read:

AB981,61,13 6.36 (1) (b) 1. a. Except as provided in pars. (ae), (bm), and (bn), no person other than an employee of the commission secretary of state, a county clerk, a deputy county clerk, an executive director of a county board of election commissioners, a deputy designated by the executive director, a municipal clerk, a deputy municipal clerk, an executive director of a city board of election commissioners, or a deputy designated by the executive director may view the date of birth, operator's license number, or social security account number of an elector, the address of an elector to whom an identification serial number is issued under s. 6.47 (3), or any indication of an accommodation required under s. 5.25 (4) (a) to permit voting by an elector.

AB981,138 Section 138. 6.36 (1) (b) 1. b. of the statutes is amended to read:

AB981,61,17 6.36 (1) (b) 1. b. No person other than an employee of the commission secretary of state, a municipal clerk, or an election official who is authorized by a municipal clerk may make a change in the list.

AB981,139 Section 139. 6.36 (1) (bm) of the statutes is amended to read:

AB981,61,22 6.36 (1) (bm) The commission secretary of state or any municipal clerk or board of election commissioners may transfer any information in the registration list to which access is restricted under par. (b) 1. a. to a law enforcement agency, as defined in s. 165.77 (1) (b), to be used for law enforcement purposes.

AB981,140 Section 140. 6.36 (1) (bn) of the statutes is amended to read:

AB981,62,3 6.36 (1) (bn) The commission secretary of state may transfer any information in the registration list to which access is restricted under par. (b) 1. a. to a subunit of the state government of another state to be used for official purposes.

AB981,141 Section 141. 6.36 (1) (d) of the statutes is amended to read:

AB981,62,10 6.36 (1) (d) Upon receipt of official notification by the appropriate election administrative authority of another state, territory, or possession that an elector whose name appears on the list has registered to vote in that state, territory, or possession, the commission secretary of state or the municipal clerk of the municipality where the elector formerly resided shall change the elector's registration from eligible to ineligible status.

AB981,142 Section 142. 6.36 (1) (e) of the statutes is amended to read:

AB981,62,23 6.36 (1) (e) If the commission secretary of state adds the name of any elector to the list, the commission secretary shall promptly notify the municipal clerk of the municipality where the elector resides. If the commission secretary changes the registration of any elector from eligible to ineligible status, the commission secretary shall promptly notify the municipal clerk of the municipality where the elector resides or, if the elector has changed his or her residence from one municipality to another municipality in this state, shall promptly notify the municipal clerk of the municipality where the elector resided prior to the change. Notification shall be made in writing or by electronic transmission. If the commission secretary changes the registration of any elector from eligible to ineligible status, the commission secretary shall make an entry on the list giving the date of and the reason for the change.

AB981,143 Section 143. 6.36 (1) (f) of the statutes is amended to read:

AB981,63,3 6.36 (1) (f) The commission secretary of state shall make all reasonable efforts to ensure that the list is maintained in a manner that precludes unauthorized persons from making alterations to the list.

AB981,144 Section 144. 6.36 (2) (a) of the statutes is amended to read:

AB981,63,22 6.36 (2) (a) Except as provided in par. (b), each registration list prepared for use as a poll list at a polling place or for purposes of canvassing absentee ballots at an election shall contain the full name and address of each registered elector; a blank column for the entry of the serial number of the electors when they vote or the poll list number used by the municipal board of absentee ballot canvassers in canvassing absentee ballots; an indication next to the name of each elector for whom proof of residence under s. 6.34 is required; a space for entry of the type of and the name of the entity or institution that issued the identifying document submitted by the elector as proof of residence when proof of residence under s. 6.34 is required; a space for entry of the elector's signature, or if another person signed the elector's registration form for the elector by reason of the elector's physical disability, the word “exempt"; and a form of certificate bearing the certification of the commission administrator secretary of state stating that the list is a true and complete registration list of the municipality or the ward or wards for which the list is prepared. The commission secretary of state shall, by rule, prescribe the space and location for entry of each elector's signature on the poll list which shall provide for entry of the signature without changing the orientation of the poll list from the orientation used by the election officials.

AB981,145 Section 145. 6.36 (6) of the statutes is amended to read:

AB981,64,6 6.36 (6) The commission secretary of state shall establish by rule the fee for obtaining a copy of the official registration list, or a portion of the list, including access to the subscription service established under s. 5.05 (14) (b). The amount of the fee shall be set, after consultation with county and municipal election officials, at an amount estimated to cover both the cost of reproduction and the cost of maintaining the list at the state and local level. The rules secretary shall require that revenues from fees received be shared between the state and municipalities or their designees under s. 6.33 (5) (b), and shall specify a method for such allocation.

AB981,146 Section 146. 6.47 (1) (ag) of the statutes is amended to read:

AB981,64,11 6.47 (1) (ag) “Domestic abuse victim service provider" means an organization that is certified by the department of children and families as eligible to receive grants under s. 49.165 (2) and whose name is included on the list provided by the commission secretary of state under s. 7.08 (10).

AB981,147 Section 147. 6.47 (1) (am) 2. of the statutes is amended to read:

AB981,64,20 6.47 (1) (am) 2. An individual who files an affidavit with the municipal clerk of the municipality where the individual resides, on a form prescribed by the commission secretary of state, that is signed by a sheriff, the chief of a police department, or a district attorney or the authorized representative of a sheriff, chief, or district attorney and directed to the municipal clerk, and that verifies that a person has been charged with or convicted of an offense relating to domestic abuse, sexual assault, or stalking in which the individual was a victim and reasonably continues to be threatened by that person.

AB981,148 Section 148. 6.47 (1) (dm) of the statutes is amended to read:

AB981,64,25 6.47 (1) (dm) “Sexual assault victim service provider" means an organization that is certified by the department of justice as eligible to receive grants under s. 165.93 (2) and whose name is included on the list provided by the commission secretary of state under s. 7.08 (10).

AB981,149 Section 149. 6.47 (2) of the statutes is amended to read:

AB981,65,19 6.47 (2) Except as authorized in sub. (8), the commission secretary of state, each municipal clerk, each agent designated under s. 6.33 (5) (b), and each election official shall withhold from public inspection under s. 19.35 (1) the name and address of any eligible individual whose name appears on a poll list or registration list if the individual provides the municipal clerk with a valid written request to protect the individual's confidentiality. To be valid, a request under this subsection must be accompanied by a copy of a protective order that is in effect, an affidavit under sub. (1) (am) 2. that is dated within 30 days of the date of the request, confirmation from the department of justice that the person is a program participant, as provided under s. 165.68 (4) (c), a statement signed by the operator or an authorized agent of the operator of a shelter that is dated within 30 days of the date of the request and that indicates that the operator operates the shelter and that the individual making the request resides in the shelter, or a statement signed by an authorized representative of a domestic abuse victim service provider or a sexual assault victim service provider under sub. (1) (am) 4. that is dated within 30 days of the date of the request. A physically disabled individual who appears personally at the office of the municipal clerk accompanied by another elector of this state may designate that elector to make a request under this subsection on his or her behalf.

AB981,150 Section 150. 6.47 (3) of the statutes is amended to read:

AB981,66,3 6.47 (3) Upon receiving a valid written request from an elector under sub. (2), the municipal clerk shall issue to the elector a voting identification card on a form prescribed by the commission secretary of state that shall contain the name of the elector's municipality of residence and, in the case of a town, the county in which the town is located, the elector's name, the ward in which the elector resides, if any, and a unique identification serial number issued by the commission secretary. The number issued to an elector under this subsection shall not be changed for so long as the elector continues to qualify for a listing under sub. (2).

AB981,151 Section 151. 6.50 (1) (intro) of the statutes is amended to read:

AB981,66,9 6.50 (1) (intro.) No later than June 15 following each general election, the commission secretary of state shall examine the registration records for each municipality and identify each elector who has not voted within the previous 4 years if qualified to do so during that entire period and shall mail a notice to the elector in substantially the following form:

AB981,152 Section 152. 6.50 (2) of the statutes is amended to read:

AB981,66,14 6.50 (2) If an elector to whom a notice of suspension was mailed under sub. (1) has not applied for continuation of registration within 30 days of the date of mailing, the commission secretary of state shall change the registration status of that elector from eligible to ineligible on the day that falls 30 days after the date of mailing.

AB981,153 Section 153. 6.50 (2g) of the statutes is amended to read:

AB981,66,18 6.50 (2g) The commission secretary of state may delegate to a municipal clerk or board of election commissioners of a municipality the responsibility to change the registration status of electors when required under sub. (2).

AB981,154 Section 154. 6.50 (2r) (intro.) of the statutes is amended to read:

AB981,66,23 6.50 (2r) (intro.) As soon as practicable, but no later than August 1 following the completion of the process under subs. (1) and (2), the commission secretary of state shall publish on its the Internet site of the office of secretary of state the following information obtained through that process:

AB981,155 Section 155. 6.50 (2r) (b) of the statutes is amended to read:

AB981,67,2 6.50 (2r) (b) The number of notices described under par. (a) that were returned to the commission secretary of state as undeliverable.

AB981,156 Section 156. 6.50 (2r) (h) of the statutes is amended to read:

AB981,67,5 6.50 (2r) (h) Any other information requested by the legislature or that the commission secretary of state considers relevant.

AB981,157 Section 157. 6.50 (7) of the statutes is amended to read:

AB981,67,10 6.50 (7) When an elector's registration is changed from eligible to ineligible status, the commission secretary of state, municipal clerk, or board of election commissioners shall make an entry on the registration list, giving the date of and reason for the change.

AB981,158 Section 158. 6.55 (2) (a) (intro.) of the statutes is amended to read:

AB981,67,21 6.55 (2) (a) (intro.) Except where the procedure under par. (c) or (cm) is employed, any person who qualifies as an elector in the ward or election district where he or she desires to vote, but has not previously filed a registration form, or was registered at another location, may request permission to vote at the polling place for that ward or election district, or at an alternate polling place assigned under s. 5.25 (5) (b). When a proper request is made, the inspector shall require the person to execute a registration form prescribed by the commission secretary of state. The registration form shall be completed in the manner provided under s. 6.33 (2) and shall contain all information required under s. 6.33 (1), together with the following certification:

AB981,159 Section 159. 6.55 (2) (cs) of the statutes is amended to read:

AB981,68,13 6.55 (2) (cs) The commission secretary of state shall provide to each municipal clerk a list prepared for use at each polling place showing the name and address of each person whose name appears on the list provided by the department of corrections under s. 301.03 (20m) as ineligible to vote on the date of the election, whose address is located in the area served by that polling place, and whose name does not appear on the poll list for that polling place. Prior to permitting an elector to register to vote under this subsection or s. 6.86 (3) (a) 2., the inspectors or election registration officials shall review the list. If the name of an elector who wishes to register to vote appears on the list, the inspectors or election registration officials shall inform the elector or the elector's agent that the elector is ineligible to register to vote. If the elector or the elector's agent maintains that the elector is eligible to vote in the election, the inspectors or election registration officials shall permit the elector to register but shall mark the elector's registration form as “ineligible to vote per Department of Corrections." If the elector wishes to vote, the inspectors shall require the elector to vote by ballot and shall challenge the ballot as provided in s. 6.79 (2) (dm).

AB981,160 Section 160. 6.55 (3) (b) of the statutes is amended to read:

AB981,68,21 6.55 (3) (b) Prior to permitting an elector to vote under this subsection, the inspectors shall review the list provided by the commission secretary of state under sub. (2) (cs). If the name of the elector appears on the list, the inspectors shall inform the elector that he or she is ineligible to vote at the election. If the elector maintains that he or she is eligible to vote in the election, the inspectors shall permit the elector to vote, but shall require the elector to vote by ballot, and shall challenge the ballot as provided in s. 6.79 (2) (dm).

AB981,161 Section 161. 6.56 (3) of the statutes is amended to read:

AB981,69,15 6.56 (3) Upon receipt of the list under sub. (1), the municipal clerk or board of election commissioners shall make an audit of all electors registering to vote at the polling place or other registration location under s. 6.55 (2) and all electors registering by agent on election day under s. 6.86 (3) (a) 2. unless the clerk or board of election commissioners receives notice from the elections commission secretary of state under sub. (7) that the elections commission office of the secretary of state will perform the audit. The audit shall be made by 1st class postcard. The postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the clerk, board of election commissioners, or elections commission secretary of state if the elector does not reside at the address given on the postcard. If any postcard is returned undelivered, or if the clerk, board of election commissioners, or elections commission secretary of state is informed of a different address than the one specified by the elector which was apparently improper on the day of the election, the clerk, board of election commissioners, or elections commission secretary of state shall change the status of the elector from eligible to ineligible on the registration list, mail the elector a notice of the change in status, and provide the name of the elector to the district attorney for the county where the polling place is located and the elections commission secretary of state.

AB981,162 Section 162. 6.56 (3m) of the statutes is amended to read:

AB981,70,4 6.56 (3m) As soon as possible after all information relating to registrations after the close of registration for an election is entered on the registration list following the election under s. 6.33 (5) (a), the commission secretary of state shall compare the list of new registrants whose names do not appear on the poll lists for the election because the names were added after the commission secretary certified the poll lists for use at the election with the list containing the names transmitted to the commission secretary by the department of corrections under s. 301.03 (20m) as of election day. If the commission secretary finds that the name of any person whose name appears on the list transmitted under s. 301.03 (20m) has been added to the registration list, the commission secretary shall enter on the list the information transmitted to the commission secretary under s. 301.03 (20m) and shall notify the district attorney for the county where the polling place is located that the person appears to have voted illegally at the election.

AB981,163 Section 163. 6.56 (4) of the statutes is amended to read:

AB981,70,16 6.56 (4) After each election, the municipal clerk shall perform an audit to assure that no person has been allowed to vote more than once. Whenever the municipal clerk has good reason to believe that a person has voted more than once in an election, the clerk shall send the person a 1st class letter marked in accordance with postal regulations to ensure that it will be returned to the clerk if the elector does not reside at the address given on the letter. The letter shall inform the person that all registrations relating to that person may be changed from eligible to ineligible status within 7 days unless the person contacts the office of the clerk to clarify the matter. A copy of the letter and of any subsequent information received from or about the addressee shall be sent to the district attorney for the county where the person resides and the commission secretary of state.

AB981,164 Section 164. 6.56 (7) of the statutes is amended to read:

AB981,70,23 6.56 (7) The commission secretary of state may elect to perform the duties of municipal clerks to conduct the audits required under subs. (3) and (4) for any election on behalf of all municipalities in the state. If the commission secretary so elects, the commission secretary shall, no later than the date of the election for which the audits will be performed, notify the municipal clerk of each municipality that the commission secretary will perform the audits.

AB981,165 Section 165. 6.57 of the statutes is amended to read:

AB981,71,4 6.57 Registration list for special elections. The municipal clerk of each municipality where a special election is held nonconcurrently with a regularly scheduled election shall obtain a copies of the current registration list from the commission secretary of state for use in the special election.

AB981,166 Section 166. 6.79 (1m) of the statutes is amended to read:

AB981,71,12 6.79 (1m) Separate poll lists. The municipal clerk may elect to maintain the information on the poll list manually or electronically. If the clerk elects to maintain the list electronically, an election official at each election ward shall be in charge of and shall maintain the poll list. The system employed to maintain the list electronically is subject to the approval of the commission secretary of state. If the clerk elects to maintain the information manually, 2 election officials at each election ward shall be in charge of and shall maintain 2 separate poll lists.

AB981,167 Section 167. 6.86 (2) (a) of the statutes is amended to read:

AB981,71,21 6.86 (2) (a) An elector who is indefinitely confined because of age, physical illness or infirmity or is disabled for an indefinite period may by signing a statement to that effect require that an absentee ballot be sent to the elector automatically for every election. The application form and instructions shall be prescribed by the commission secretary of state, and furnished upon request to any elector by each municipality. The envelope containing the absentee ballot shall be clearly marked as not forwardable. If any elector is no longer indefinitely confined, the elector shall so notify the municipal clerk.

AB981,168 Section 168. 6.86 (2m) (a) of the statutes is amended to read:

AB981,72,23 6.86 (2m) (a) Except as provided in this subsection, any elector other than an elector who receives an absentee ballot under sub. (2) or s. 6.22 (4) or 6.24 (4) (c) may by written application filed with the municipal clerk of the municipality where the elector resides require that an absentee ballot be sent to the elector automatically for every election that is held within the same calendar year in which the application is filed. The application form and instructions shall be prescribed by the commission secretary of state, and furnished upon request to any elector by each municipal clerk. The municipal clerk shall thereupon mail an absentee ballot to the elector for all elections that are held in the municipality during the same calendar year that the application is filed, except that the clerk shall not send an absentee ballot for an election if the elector's name appeared on the registration list in eligible status for a previous election following the date of the application but no longer appears on the list in eligible status. The municipal clerk shall ensure that any envelope containing the absentee ballot is clearly marked as not forwardable. If an elector who files an application under this subsection no longer resides at the same address that is indicated on the application form, the elector shall so notify the municipal clerk. The municipal clerk shall discontinue mailing absentee ballots to an elector under this subsection upon receipt of reliable information that the elector no longer qualifies as an elector of the municipality. In addition, the municipal clerk shall discontinue mailing absentee ballots to an elector under this subsection if the elector fails to return any absentee ballot mailed to the elector. The municipal clerk shall notify the elector of any such action not taken at the elector's request within 5 days, if possible. An elector who fails to cast an absentee ballot but who remains qualified to receive absentee ballots under this subsection may then receive absentee ballots for subsequent elections by notifying the municipal clerk that the elector wishes to continue receiving absentee ballots for subsequent elections.

AB981,169 Section 169. 6.86 (3) (a) 1. of the statutes is amended to read:

AB981,73,16 6.86 (3) (a) 1. Any elector who is registered and who is hospitalized, may apply for and obtain an official ballot by agent. The agent may apply for and obtain a ballot for the hospitalized absent elector by presenting a form prescribed by the commission secretary of state and containing the required information supplied by the hospitalized elector and signed by that elector, unless the elector is unable to sign due to physical disability. In this case, the elector may authorize another elector to sign on his or her behalf. Any elector signing an application on another elector's behalf shall attest to a statement that the application is made on request and by authorization of the named elector, who is unable to sign the application due to physical disability. The agent shall present this statement along with all other information required under this subdivision. Except as authorized for an elector who has a confidential listing under s. 6.47 (2) or as authorized under s. 6.87 (4) (b) 4., the agent shall present any proof of identification required under sub. (1) (ar). The form shall include a space for the municipal clerk or deputy clerk to enter his or her initials indicating that the agent presented proof of identification to the clerk on behalf of the elector.

AB981,170 Section 170. 6.869 of the statutes is amended to read:

AB981,74,3 6.869 Uniform instructions. The commission secretary of state shall prescribe uniform instructions for municipalities to provide to absentee electors. The instructions shall include the specific means of electronic communication that an absentee elector may use to file an application for an absentee ballot and, if the absentee elector is required to register, to request a registration form or change his or her registration. The instructions shall include information concerning whether proof of identification is required to be presented or enclosed. The instructions shall also include information concerning the procedure for correcting errors in marking a ballot and obtaining a replacement for a spoiled ballot. The procedure shall, to the extent possible, respect the privacy of each elector and preserve the confidentiality of each elector's vote.

AB981,171 Section 171. 6.87 (3) (d) of the statutes is amended to read:

AB981,74,25 6.87 (3) (d) A municipal clerk shall, if the clerk is reliably informed by 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, of a facsimile transmission number or electronic mail address where the elector can receive an absentee ballot, transmit a facsimile or electronic copy of the elector's ballot to that elector in lieu of mailing under this subsection. An elector may receive an absentee ballot only if the elector is a military elector or an overseas elector and has filed a valid application for the ballot as provided in s. 6.86 (1). If the clerk transmits an absentee ballot to a military or overseas elector electronically, the clerk shall also transmit a facsimile or electronic copy of the text of the material that appears on the certificate envelope prescribed in sub. (2), together with instructions prescribed by the commission secretary of state. The instructions shall require the military or overseas elector to make and subscribe to the certification as required under sub. (4) (b) and to enclose the absentee ballot in a separate envelope contained within a larger envelope, that shall include the completed certificate. The elector shall then affix sufficient postage unless the absentee ballot qualifies for mailing free of postage under federal free postage laws and shall mail the absentee ballot to the municipal clerk. Except as authorized in s. 6.97 (2), an absentee ballot received from a military or overseas elector who receives the ballot electronically shall not be counted unless it is cast in the manner prescribed in this paragraph and sub. (4) and in accordance with the instructions provided by the commission secretary of state.

AB981,172 Section 172. 6.875 (5) of the statutes is amended to read:

AB981,75,13 6.875 (5) Prior to entering upon his or her duties, each individual appointed to serve as a deputy under this section shall file the oath required by s. 7.30 (5). In the oath, the individual shall swear that he or she is qualified to act as a deputy under this section, that he or she has read the statutes governing absentee voting, that he or she understands the proper absentee voting procedure, that he or she understands the penalties for noncompliance with the procedure under s. 12.13, that his or her sacred obligation will be to fully and fairly implement the absentee voting law and seek to have the intent of the electors ascertained. In addition, the oath shall state that the individual realizes that any error in conducting the voting procedure may result in invalidation of an elector's vote under s. 7.51 (2) (e) and that the individual realizes that absentee voting is a privilege and not a constitutional right. The form of the oath shall be prescribed by the commission secretary of state.

AB981,173 Section 173. 6.92 (1) of the statutes is amended to read: