2021 - 2022 LEGISLATURE
2021 Senate BILL 934
February 3, 2022 - Introduced by Senators Bernier, Cowles, Darling, Stroebel,
Felzkowski, Marklein and Wanggaard, cosponsored by Representatives
Dittrich, Allen, Armstrong, Edming, Gundrum, Knodl, Krug, Kuglitsch,
Macco, Magnafici, Murphy, Mursau, Penterman, Schraa and Spiros.
Referred to Committee on Elections, Election Process Reform and Ethics.
SB934,1,8 1An Act to renumber 5.84 (1) and 7.315 (2); to renumber and amend 6.50 (3);
2to amend 5.056, 5.40 (7), 7.08 (1) (a), 7.08 (1) (c), 7.15 (1m), 85.61 (1) and 301.03
3(20m); and to create 5.057, 5.058, 5.84 (1) (b), 5.84 (3), 5.84 (4), 6.36 (1) (ae) 3.,
46.50 (3) (b) and (c), 6.50 (4m), 6.78 (5), 7.15 (16), 7.23 (1) (jm), 7.315 (2) (b) and
569.03 (16) of the statutes; relating to: maintenance of the voter registration
6list, training of municipal clerks, data sharing agreements, pre-election
7procedures, lines at the polls on election day, and granting rule-making
8authority.
Analysis by the Legislative Reference Bureau
Electronic Registration Information Center
Under current law, if a municipal clerk or board of election commissioners
receives reliable information that a voter has moved outside of the municipality, the
clerk or board of election commissioners must send a letter or postcard to the voter
to verify the voter's address and change the voter's status on the registration list from
eligible to ineligible if the voter's address has changed. Under this bill, if the
Elections Commission receives reliable information that a voter has moved outside
of the municipality specified on the voter's registration or to different address within
that municipality, the commission must send a letter or postcard to the voter to verify

the voter's address and change the voter's status on the registration list from eligible
to ineligible if the voter's address has changed. Under the bill, if the municipal clerk
or board of election commissioners receives reliable information that a voter has
moved, neither the clerk nor the board is required to send a letter or postcard to that
elector if the commission has also received reliable information that the elector has
moved. In that case, the commission must send a letter or postcard to the elector to
verify the voter's address.
Under the bill, information received from the Electronic Registration
Information Center, Inc., is considered reliable information for purposes of
determining whether a voter has moved. In addition, the bill requires the
commission to request available information from ERIC at least once every 90 days
and to annually request information from ERIC regarding eligible, but unregistered,
residents of this state. Furthermore, the commission must, when it becomes
available following an election for a national office, request information from ERIC
regarding registered voters who may have voted multiple times in the same election.
Data sharing agreements
Current law requires the administrator of the Elections Commission to enter
into an agreement with the secretary of the Department of Transportation to match
personally identifiable information on the official registration list maintained by the
commission with personally identifiable information maintained by DOT in vehicle
registration and license records. The bill requires the administrator and the
secretary to update the agreement at least once every two years. In addition, the bill
requires DOT to conduct matching of personally identifiable information maintained
by DOT with that on the registration list on a daily basis. Under the bill, if the
information on the official registration list for an individual does not match the
information for the individual maintained by DOT, DOT must provide to the
commission the name and date of birth of the individual and the number of the
driver's license or identification card issued by DOT to the individual. The bill also
requires DOT to indicate to the commission whether the individual reported a
change of address for purposes of updating records regarding a driver's license,
identification card, or vehicle registration.
Under current law, the municipal clerk must change the registration of
deceased electors from eligible to ineligible status by means of checking vital
statistics reports. Current law requires the Department of Health Services to
establish the Office of Vital Records and to appoint a state registrar to supervise the
office. Generally, the Office of Vital Records and the state registrar are responsible
for accepting, indexing, and preserving vital records, such as original marriage
documents and records of birth, death, and divorce. The bill requires the
administrator of the Elections Commission and the state registrar to enter into an
agreement to match personally identifiable information from the registration list
with the death records maintained by the Office of Vital Records. The administrator
and the state registrar must update the agreement at least once every two years.
Under the bill, the Office of Vital Records must conduct matching of personally
identifiable information on a daily basis and immediately notify the administrator
of the Elections Commission of the name, date of birth, date of death, and place of

death of any person on the official registration list for which the Office of Vital
Records has a death record. The commission must then change the registration
status of the person from eligible to ineligible.
Under current law, the Department of Corrections must transmit to the
commission, on a continuous basis, a list containing the name of each living person
who has been convicted of a felony and whose civil rights have not been restored,
together with the person's residential address and the date on which DOC expects
the person's civil rights to be restored. The bill requires DOC to transmit this
information to the commission on a daily basis. In addition, the bill requires the
secretary of DOC and the administrator of the Elections Commission to enter into
an agreement to match personally identifiable information from the registration list
with the personally identifiable information maintained by DOC and update that
agreement at least once every two years.
Electronic voting equipment
Current law requires the municipal clerk of each municipality that employs an
electronic voting system that uses automatic tabulating equipment at a polling place
or a central count location to conduct a public test of the equipment not more than
10 days before an election. Under the bill, the municipal clerk is also required to
conduct a test of the equipment according to specifications recommended by the
equipment manufacturer and to conduct that test prior to the public test of the
equipment under current law. In addition, the bill requires the Elections
Commission to promulgate rules for training municipal clerks for the testing of
automatic tabulating equipment and for the use of tamper-evident seals on all
electronic voting equipment. Also, under the bill, no voting machine, electronic
voting system, or automatic tabulating equipment, and no component of any such
machine, system, or equipment, may be connected to the Internet for any purpose.
Under current law, a municipal clerk must notify, in writing, the county clerk
and the administrator of the Elections Commission whenever the municipality
adopts and purchases voting machines or an electronic voting system. The bill
requires that the municipal clerk notify the county clerk and the administrator also
whenever the municipality adopts and rents voting machines or an electronic voting
system.
Training
Current law requires each municipal clerk to attend training sponsored by the
Elections Commission at least once every two years. Current law also requires the
commission to prescribe by rule the contents of the training. Under the bill, each
municipal clerk is required to complete at least three hours of training prior to
conducting an election for the first time. The bill also requires the commission to
notify the county clerk, prior to an election, if a municipal clerk in the county fails
to attend the required training prior to conducting an election for the first time or
fails to attend annual training sponsored by the commission. If a county clerk
receives such a notification, the county clerk must facilitate the training of the
municipal clerk and may assume the election duties of the municipal clerk for that
election. Under the bill, if the county clerk facilitates the training or assumes the
election duties of the municipal clerk, the municipality must reimburse the county

for all reasonable expenses incurred by the county for providing training to the
municipal clerk or for assuming the election duties of the municipal clerk.
Vacancies
The bill requires a municipality to notify the Elections Commission of a vacancy
in the position of municipal clerk and requires the commission to notify the county
clerk of that vacancy. Under the bill, if the vacancy occurs within 20 days prior to
the date of an election and a deputy municipal clerk has not been appointed prior to
that election, the county clerk may assume the duties of the municipal clerk with
regard to that election or designate another qualified individual to assume those
duties.
Polling places
Under current law, the polls are open on election day from 7 a.m. to 8 p.m. If
a voter is waiting in line to vote at the time the polls officially close, that voter must
be permitted to vote.