SB834: Bill Text

SB834,127 Section 127. 6.32 of the statutes is amended to read:

SB834,,284 6.32 Verification of certain registrations. (1) Upon receipt of a registration form that is submitted by mail under s. 6.30 (4) or by electronic application under s. 6.30 (5), the commission secretary of state or municipal clerk shall examine the form for sufficiency.

SB834,,285 (2) If the form is insufficient to accomplish registration or the commission secretary or clerk knows or has reliable information that the proposed elector is not qualified, the commission secretary or clerk shall notify the proposed elector within 5 days, if possible, and request that the elector appear at the clerk’s office or another registration location to complete a proper registration or substantiate the information presented.

SB834,,286 (3) If the form is submitted later than the close of registration, the commission secretary or clerk shall make a good faith effort to notify the elector that he or she may register at the clerk’s office under s. 6.29 or at the proper polling place or other location designated under s. 6.55 (2).

SB834,,287 (4) If the form is sufficient to accomplish registration and the commission secretary or clerk has no reliable information to indicate that the proposed elector is not qualified, the commission secretary or clerk shall enter the elector’s name on the registration list and transmit a 1st class letter or postcard to the registrant, specifying the elector’s ward or aldermanic district, or both, if any, and polling place. The letter or postcard shall be sent within 10 days of receipt of the form. If the letter or postcard is returned, or if the commission secretary or clerk is informed of a different address than the one specified by the elector, the commission secretary or clerk shall change the status of the elector on the list from eligible to ineligible. The letter or postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the commission secretary or clerk if the elector does not reside at the address given on the letter or postcard.

SB834,128 Section 128. 6.33 (1) of the statutes is amended to read:

SB834,,289 6.33 (1) The commission secretary of state shall prescribe the format, size, and shape of registration forms. All nonelectronic forms shall be printed and each item of information shall be of uniform font size, as prescribed by the commission secretary. Except as otherwise provided in this subsection, electronic forms shall contain the same information as nonelectronic forms. The municipal clerk shall supply sufficient forms to meet voter registration needs. The commission secretary of state shall design the form to obtain from each elector information as to name; date; residence location; location of previous residence immediately before moving to current residence location; citizenship; date of birth; age; the number of a current and valid operator’s license issued to the elector under ch. 343 or the last 4 digits of the elector’s social security account number; whether the elector has resided within the ward or election district for the number of consecutive days specified in s. 6.02 (1); whether the elector has been convicted of a felony for which he or she has not been pardoned, and if so, whether the elector is incarcerated, or on parole, probation, or extended supervision; whether the elector is disqualified on any other ground from voting; and whether the elector is currently registered to vote at any other location. The commission secretary of state shall include on the nonelectronic form a space for the elector’s signature and on the electronic form the authorization specified under s. 6.30 (5). Below the space for the signature or authorization, respectively, the commission secretary shall include the following statement: “Falsification of information on this form is punishable under Wisconsin law as a Class I felony.” The commission secretary shall include on the form a space to enter the name of any inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form and a space for the inspector, clerk, or deputy clerk to sign his or her name, affirming that the inspector, clerk, or deputy clerk has accepted the form. The commission secretary shall include on the form a space for entry of the ward and aldermanic district, if any, where the elector resides and any other information required to determine the offices and referenda for which the elector is certified to vote. The commission secretary shall also include on the form a space where the clerk may record an indication of whether the form is received by mail or by electronic application, a space where the clerk shall record an indication of the type of identifying document submitted by the elector as proof of residence under s. 6.34 or an indication that the elector’s information in lieu of proof of residence was verified under s. 6.34 (2m), the name of the entity or institution that issued the identifying document, and, if the identifying document includes a number that applies only to the individual holding that document, that number. The commission secretary shall also include on the form a space where the clerk, for any elector who possesses a valid voting identification card issued to the person under s. 6.47 (3), may record the identification serial number appearing on the voting identification card. Each county clerk shall obtain sufficient registration forms for completion by an elector who desires to register to vote at the office of the county clerk under s. 6.28 (4).

SB834,129 Section 129. 6.33 (5) (a) of the statutes is amended to read:

SB834,,291 6.33 (5) (a) 1. Except as provided in par. (b) and this paragraph, whenever a municipal clerk receives a valid registration or valid change of a name or address under an existing registration or changes a registration from eligible to ineligible status the municipal clerk or the clerk’s designee shall promptly enter electronically on the list maintained by the commission secretary of state under s. 6.36 (1) the information required under that subsection.

SB834,,292 2. Except as provided in par. (b) and this paragraph, whenever a municipal clerk mails an absentee ballot to an elector or receives an in-person absentee ballot application or an absentee ballot the municipal clerk shall, no later than 48 hours after mailing an absentee ballot or receiving an in-person absentee ballot application or an absentee ballot, enter electronically on the list maintained by the commission secretary of state under s. 6.36 (1) the information required under that subsection or submit the information to the clerk’s designee who shall, no later than 24 hours after receiving the information from the clerk, enter electronically on the list maintained by the commission secretary of state under s. 6.36 (1) the information required under that subsection. If a deadline under this subdivision falls on a Saturday or Sunday, the deadline is extended to the next business day.

SB834,,293 3. Except as provided in par. (b) and this paragraph, the municipal clerk or the clerk’s designee shall update any entries that change on the date of an election other than a general election within 30 days after the date of that election, and shall update any entries that change on the date of a general election within 45 days after the date of that election. The commission administrator secretary of state may, upon request of a municipal clerk, permit the clerk to update entries that change on the date of a general election within 60 days after that election.

SB834,,294 4. The municipal clerk shall provide to the commission secretary of state information that is confidential under s. 6.47 (2) in such manner as the commission secretary prescribes.

SB834,130 Section 130. 6.33 (5) (b) of the statutes is amended to read:

SB834,,296 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.

SB834,131 Section 131. 6.34 (2m) of the statutes is amended to read:

SB834,,298 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).

SB834,132 Section 132. 6.34 (4) of the statutes is amended to read:

SB834,,300 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 website so that the elector may update his or her information with the department of transportation.

SB834,133 Section 133. 6.35 (2) of the statutes is amended to read:

SB834,,302 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).

SB834,134 Section 134. 6.36 (1) (a) (intro.) of the statutes is amended to read:

SB834,,304 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:

SB834,135 Section 135. 6.36 (1) (a) 4. of the statutes is amended to read:

SB834,,306 6.36 (1) (a) 4. For each elector, a unique registration identification number assigned by the commission secretary of state.

SB834,136 Section 136. 6.36 (1) (a) 9. of the statutes is amended to read:

SB834,,308 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) containing the name of each living person who has been convicted of a felony under the laws of this state and whose civil rights have not been restored.

SB834,137 Section 137. 6.36 (1) (am) of the statutes is amended to read:

SB834,,310 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.

SB834,138 Section 138. 6.36 (1) (b) 1. a. of the statutes is amended to read:

SB834,,312 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.

SB834,139 Section 139. 6.36 (1) (b) 1. b. of the statutes is amended to read:

SB834,,314 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.

SB834,140 Section 140. 6.36 (1) (bm) of the statutes is amended to read:

SB834,,316 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.

SB834,141 Section 141. 6.36 (1) (bn) of the statutes is amended to read:

SB834,,318 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.

SB834,142 Section 142. 6.36 (1) (d) of the statutes is amended to read:

SB834,,320 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.

SB834,143 Section 143. 6.36 (1) (e) of the statutes is amended to read:

SB834,,322 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.

SB834,144 Section 144. 6.36 (1) (f) of the statutes is amended to read:

SB834,,324 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.

SB834,145 Section 145. 6.36 (2) (a) of the statutes is amended to read:

SB834,,326 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.

SB834,146 Section 146. 6.36 (6) of the statutes is amended to read:

SB834,,328 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 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. The secretary of state shall make publicly available the amount and distribution of the fees received under this subsection and the method of allocation.

SB834,147 Section 147. 6.47 (1) (ag) of the statutes is amended to read:

SB834,,330 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).

SB834,148 Section 148. 6.47 (1) (am) 2. of the statutes is amended to read:

SB834,,332 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.

SB834,149 Section 149. 6.47 (1) (dm) of the statutes is amended to read:

SB834,,334 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).

SB834,150 Section 150. 6.47 (2) of the statutes is amended to read:

SB834,,336 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.

SB834,151 Section 151. 6.47 (3) of the statutes is amended to read:

SB834,,338 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).

SB834,152 Section 152. 6.50 (1) (intro.) of the statutes is amended to read:

SB834,,340 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:

SB834,153 Section 153. 6.50 (2) of the statutes is amended to read:

SB834,,342 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.

SB834,154 Section 154. 6.50 (2g) of the statutes is amended to read:

SB834,,344 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).

SB834,155 Section 155. 6.50 (2r) (intro.) of the statutes is amended to read:

SB834,,346 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 Internet site the website of the office of secretary of state the following information obtained through that process:

SB834,156 Section 156. 6.50 (2r) (b) of the statutes is amended to read:

SB834,,348 6.50 (2r) (b) The number of notices described under par. (a) that were returned to the commission secretary of state as undeliverable.

SB834,157 Section 157. 6.50 (2r) (h) of the statutes is amended to read:

SB834,,350 6.50 (2r) (h) Any other information requested by the legislature or that the commission secretary of state considers relevant.

SB834,158 Section 158. 6.50 (7) of the statutes is amended to read:

SB834,,352 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.

SB834,159 Section 159. 6.55 (2) (a) (intro.) of the statutes is amended to read:

SB834,,354 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:

SB834,160 Section 160. 6.55 (2) (cs) of the statutes is amended to read:

SB834,,356 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).

SB834,161 Section 161. 6.55 (3) (b) of the statutes is amended to read:

SB834,,358 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).

SB834,162 Section 162. 6.56 (3) of the statutes is amended to read:

SB834,,360 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.

SB834,163 Section 163. 6.56 (3m) of the statutes is amended to read:

SB834,,362 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.

SB834,164 Section 164. 6.56 (4) of the statutes is amended to read:

SB834,,364 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.

SB834,165 Section 165. 6.56 (7) of the statutes is amended to read:

SB834,,366 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.

SB834,166 Section 166. 6.57 of the statutes is amended to read:

SB834,,368 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.

SB834,167 Section 167. 6.79 (1m) of the statutes is amended to read:

SB834,,370 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.

SB834,168 Section 168. 6.86 (2) (a) of the statutes is amended to read: