MPG&CMH:klm
2021 - 2022 LEGISLATURE
2021 Assembly BILL 1071
February 25, 2022 - Introduced by Representatives Emerson, Moore Omokunde,
Baldeh, Bowen, Cabrera, Conley, Considine, Drake, Goyke, Hebl, Hintz,
Ohnstad, Shelton, Sinicki, Spreitzer, Stubbs and Subeck, cosponsored by
Senators L. Taylor, Roys, Agard, Johnson and Larson. Referred to
Committee on Campaigns and Elections.
AB1071,1,9 1An Act to repeal 6.29 (2) (am), 6.36 (1) (a) 9., 6.55 (2) (cs), 6.55 (3) (b), 6.56 (3m),
26.79 (2) (dm), 6.88 (3) (c), 301.03 (20m), 302.117, 304.078 (1) and 973.09 (4m);
3to renumber 6.55 (3) (a); to renumber and amend 6.03 (1) (b) and 304.078
4(3); to amend 6.33 (1), 6.33 (2) (a), 7.52 (6), 301.03 (3a) (intro.), 304.078 (2) and
5973.176 (2); and to create 6.03 (1) (b) 1., 2., 3. and 4. of the statutes; relating
6to:
restoring the right to vote to certain persons barred from voting as a result
7of a felony conviction, changing the information required on voter registration
8forms, and changing voting procedure for certain persons who are convicted of
9felonies.
Analysis by the Legislative Reference Bureau
This bill changes the circumstances under which a person may be barred from
voting as the result of a disqualifying offense and requires the Department of
Corrections, the Elections Commission, and the Director of State Courts to include
in their ongoing training programs a discussion of the changes in law made by this
bill and to offer the training to judges, attorneys, election officials, employees of DOC,
and the public.
Under current law, a person convicted of treason, bribery, or a felony may not
vote unless the person's right to vote is restored through a pardon or until the person

completes his or her sentence, including extended supervision or parole, or any term
of probation imposed. Under this bill, a person loses his or her right to vote based
on a disqualifying offense only while he or she is incarcerated for that offense. A
person released to extended supervision or parole may resume voting. In addition,
a person convicted of a disqualifying offense and on probation retains the right to
vote while on probation unless he or she is confined as a condition of probation. But
if a person who committed a disqualifying offense is incarcerated after the revocation
of extended supervision, parole, or probation, the person loses the right to vote until
he or she is released.
Currently, an applicant for voter registration must affirm 1) whether he or she
has been convicted of a felony for which he or she has not been pardoned and, if so,
whether the applicant is incarcerated or on parole, probation, or extended
supervision; and 2) whether the applicant is disqualified on any other ground from
voting. This bill deletes the requirement that an applicant provide any information
relating to a felony conviction but retains the requirement that an applicant affirm
that he or she is not disqualified on any ground from voting.
Currently, election officials are required to verify the eligibility of electors who
vote at an election or who register to vote at an election after the close of voter
registration for that election by checking each elector's name against a list provided
by DOC that contains the names of convicted felons who have not completed their
sentences and have not been pardoned. If a person's name appears on the list, the
election officials are directed to allow the person to vote if he or she is otherwise
eligible, but to mark and challenge the elector's ballot for possible later review. This
bill deletes the requirements for DOC to provide the list of convicted felons and for
election officials to review the names on the list.
For further information see the state 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:
AB1071,1 1Section 1 . 6.03 (1) (b) of the statutes is renumbered 6.03 (1) (b) (intro.) and
2amended to read:
AB1071,2,53 6.03 (1) (b) (intro.) Any person convicted of treason, who, as a result of a felony
4or bribery, unless the person's right to vote is restored through a pardon or under s.
5304.078 (3).
conviction, is any of the following:
AB1071,2 6Section 2 . 6.03 (1) (b) 1., 2., 3. and 4. of the statutes are created to read:
AB1071,3,2
16.03 (1) (b) 1. Incarcerated while serving a sentence that was not imposed
2under s. 973.01.
AB1071,3,43 2. Serving a term of confinement, or incarcerated after revocation of extended
4supervision, while serving a sentence that was imposed under s. 973.01.
AB1071,3,55 3. Incarcerated following the revocation of probation.
AB1071,3,66 4. Confined as a condition of probation under s. 973.09 (4) (a).