LRB-2330/1

MPG:ahe

2019 - 2020 LEGISLATURE

2019 Senate BILL 159

April 11, 2019 - Introduced by Senators Smith, Miller, Hansen, Carpenter, Johnson, Larson, Ringhand, Risser, L. Taylor and Wirch, cosponsored by Representatives Emerson, Anderson, Brostoff, Hebl, Meyers, Ohnstad, Riemer, Sargent, Shankland, Sinicki, Spreitzer, Subeck, C. Taylor and Zamarripa. Referred to Committee on Elections, Ethics and Rural Issues.

SB159,1,10 An Act to renumber 5.07; to amend 5.05 (1) (e), 5.056, 5.06 (2), 5.25 (4) (b), 5.35 (6) (a) (intro.), 5.35 (6) (a) 5., 5.35 (6) (b), 5.35 (6) (c), 6.33 (2) (a), 6.35 (3), 6.86 (1) (b), 6.86 (3) (c), 12.09 (1), 12.09 (3), 12.60 (1) (a), 12.60 (4) and 85.61 (1); and to create 5.07 (2), 5.25 (4) (c), 5.35 (6) (a) 4c., 5.35 (6) (d), 6.256, 6.29 (2) (e), 7.08 (3) (d) to (g), 7.08 (13), 7.08 (14), 7.10 (11), 7.15 (16), 12.17, 12.19, 12.60 (1) (am), 12.60 (1) (an), 12.60 (1) (ap), 12.60 (1) (bn) and 343.14 (2p) of the statutes; relating to: automatic voter registration, deceptive election practices, voter intimidation and suppression, voter rights, polling place posting and language requirements, election manual requirements, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill makes various changes to laws relating to elections and voting, including the following:

Automatic voter registration

The bill requires the Elections Commission to use all feasible means to facilitate the registration of all eligible electors of this state and to maintain the registration of all eligible electors for so long as they remain eligible, except as the law specifically requires electors to take some action to continue their registrations. Under the bill, the commission must attempt to facilitate the initial registration of all eligible electors no later than July 1, 2023. To facilitate the initial registration, the bill directs the commission and the Department of Transportation to enter into an agreement so that DOT may transfer specified personally identifiable information in DOT's records to the commission. The bill requires the commission to maintain the confidentiality of any information it obtains under the agreement and allows a driver's license or identification card applicant to “opt out" of DOT's transfer of this information to the commission. Once the commission obtains all the information required under current law to complete an elector's registration, the commission adds the elector's name to the statewide registration list. The bill also permits an individual whose name is added to the registration list or who wishes to permanently exclude his or her name from the list to file a request to have his or her name deleted or excluded from the list or to revoke a deletion or exclusion request previously made. A deletion or exclusion request or revocation of a deletion or exclusion request may be made in the manner prescribed by the commission. In addition, the bill directs the commission to notify an individual by first class postcard whenever the commission removes his or her name from the registration list or changes his or her status on the list from eligible to ineligible.

The bill also directs the commission to report to the appropriate standing committees of the legislature, no later than July 1, 2021, its progress in initially implementing the registration system created by the bill. The report must contain an assessment of the feasibility and desirability or integration of registration information with information maintained by the Departments of Health Services, Children and Families, Workforce Development, Revenue, Safety and Professional Services, and Natural Resources; the University of Wisconsin System; and the Technical College System Board, as well as with the technical colleges in each technical college district.

Under current law, a qualified elector with a current and valid driver's license or identification card issued by DOT may register to vote electronically on a secure Internet site maintained by the commission. To register electronically under current law, a qualified elector must also authorize DOT to forward a copy of his or her electronic signature to the commission. The authorization affirms that all information provided by the elector is correct and has the same effect as a written signature on a paper copy of the registration form. Finally, current law requires the commission and DOT to enter into an agreement that permits the commission to verify the necessary registration information instantly by accessing DOT's electronic files.

Deceptive election practices

The bill prohibits any person from intentionally deceiving any other person regarding the date, time, place, or manner of conducting an election; the qualifications for voting or restrictions on the eligibility of electors to vote in an election; or the endorsement of candidates by specified persons. Any person who violates that prohibition with intent to prevent any person from exercising the right to vote in an election may be fined not more than $100,000 or imprisoned for not more than five years, or both.

The bill also permits any person who is aggrieved by an alleged violation described above to obtain a court order restraining the violation and to file a sworn complaint with the Elections Commission. If the commission finds that the facts alleged in the complaint, if true, would constitute a violation, it must promptly investigate the complaint. If the commission finds that a violation has occurred or is occurring, the commission must take all measures necessary to provide correct information to electors who may have been deceived by the actions of the alleged violator and must refer the matter to the appropriate authority for prosecution.

The bill directs the commission to promulgate rules concerning corrective measures that may be appropriate whenever violations occur. In addition, the bill directs the commission to report biennially to the appropriate standing committees of the legislature with regard to violations and actions taken in response to violations.

Voter intimidation and suppression

The bill provides that no person may make use of or threaten to make use of force, violence, restraint, or any tactic of coercion or intimidation in order to induce or compel any person to vote or refrain from voting at an election, to refrain from registering to vote at an election, or to vote or refrain from voting for or against a particular candidate or referendum question at an election. Violators may be fined not more than $100,000 or imprisoned for not more than three years, or both. Current law contains similar but not identical prohibitions, and under current law, violators may be fined not more than $10,000 or imprisoned for not more than three years and six months, or both.

The bill also provides that no person may knowingly attempt to prevent or deter another person from voting or registering to vote based upon fraudulent, deceptive, or spurious grounds or information. Violators may be fined not more than $50,000 or imprisoned for not more than two years, or both.

The bill also permits any elector of this state to sue for injunctive relief, a court order requiring or prohibiting certain action, or any other appropriate relief, to compel compliance with the bill's prohibitions and requirements relating to voter intimidation, suppression, and protection. Currently, an elector may be required to pursue administrative relief before filing suit and in some cases must petition a district attorney or the attorney general to file suit on his or her behalf.