SB26,,1 2023 SENATE BILL 26

January 27, 2023 - Introduced by Senators Jacque, Cabral-Guevara, Felzkowski, Feyen, Marklein, Nass, Quinn, Stafsholt and Tomczyk, cosponsored by Representatives Bodden, Armstrong, Behnke, Binsfeld, Brandtjen, Brooks, Donovan, Edming, Gundrum, Gustafson, Kitchens, Murphy, Mursau, Penterman, Plumer, Rettinger, Schraa, Schutt, Tittl, Tusler and Wichgers. Referred to Committee on Government Operations, Elections and Consumer Protection.

SB26,,2 An Act to amend 6.275 (1) (f), 6.32 (4), 6.33 (4), 6.33 (5) (a) 1., 6.36 (1) (d), 6.36 (1) (e), 6.47 (6), 6.47 (7) (b), 6.48 (1) (d), 6.48 (2) (b), 6.50 (2), 6.50 (2g), 6.50 (2r) (g), 6.50 (3), 6.50 (4), 6.50 (5), 6.50 (6), 6.50 (7), 6.50 (10), 6.56 (3), 6.56 (4) and 7.23 (1) (c) of the statutes; relating to: removing ineligible voters from the official voter registration list.

SB26,,3 Analysis by the Legislative Reference Bureau

Under current law, if a voter who appears on the official voter registration list maintained by the Elections Commission becomes ineligible to vote for any reason, his or her status is changed from eligible to ineligible on the registration list.

Under this bill, if a voter appearing on the registration list becomes ineligible to vote for any reason, he or she must be removed from the list and the Elections Commission must keep a permanent record of the removal, including the date of and reason for the removal. Consistent with current law, an individual who is removed from the registration list and subsequently becomes eligible to register to vote in Wisconsin may reregister as provided by law.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

SB26,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB26,1 Section 1. 6.275 (1) (f) of the statutes is amended to read:

SB26,,6 6.275 (1) (f) The total number of postcards sent by the municipal clerk or board of election commissioners under s. 6.56 (3), the total number of such postcards returned to the municipal clerk or board of election commissioners because the elector did not reside at the address given on the postcard, the total number of electors whose status was changed from eligible to ineligible on removed from the registration list as a result of the audit under s. 6.56 (3), and the number of individuals referred to the district attorney under s. 6.56 (3). The municipal clerk or board of election commissioners shall provide the information described under this paragraph to the elections commission and the county clerk or county board of election commissioners at the earliest practicable time after, but no later than 90 days after, each primary and election at which a state or national office is filled or a statewide referendum is held, including any special election. The municipal clerk or board of election commissioners shall update the information described under this paragraph on a monthly basis and shall submit, on a monthly basis, any such updated information to the elections commission and the county clerk or county board of election commissioners.

SB26,2 Section 2. 6.32 (4) of the statutes is amended to read:

SB26,,8 6.32 (4) If the form is sufficient to accomplish registration and the commission or clerk has no reliable information to indicate that the proposed elector is not qualified, the commission 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 or clerk is informed of a different address than the one specified by the elector, the commission or clerk shall change the status of remove the elector on from 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 or clerk if the elector does not reside at the address given on the letter or postcard.

SB26,3 Section 3. 6.33 (4) of the statutes is amended to read:

SB26,,10 6.33 (4) When an individual’s registration is changed from eligible to ineligible status individual is removed from the registration list for any reason, the municipal clerk or board of election commissioners shall enter notify the commission, providing the date of and reason for change on removal from the registration list. The commission shall keep a permanent record of the removal, including the date of and reason for the removal.

SB26,4 Section 4. 6.33 (5) (a) 1. of the statutes is amended to read:

SB26,,12 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 under s. 6.36 (1) the information required under that subsection.