2019 - 2020 LEGISLATURE

2019 Senate BILL 241

May 24, 2019 - Introduced by Senators Bernier, Miller, Smith, Bewley and Schachtner, cosponsored by Representatives Tusler, Zamarripa, Spreitzer, Anderson, Krug, Loudenbeck, Macco, Mursau, Ramthun, Vruwink and Subeck. Referred to Committee on Elections, Ethics and Rural Issues.

SB241,1,5 An Act to amend 6.15 (2) (bm), 6.29 (2) (b), 6.32 (4), 6.33 (1), 6.33 (2) (a), 6.34 (2), 6.34 (3) (a) (intro.), 6.34 (3) (a) 10., 6.34 (3) (b) (intro.), 6.34 (3) (c), 6.36 (1) (a) 12., 6.36 (2) (a), 6.36 (2) (c), 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (d), 6.79 (2) (d), 6.79 (4), 6.82 (1) (a) and 6.88 (3) (a); and to create 6.34 (3) (a) 1m. and 6.34 (3) (a) 2m. of the statutes; relating to: voter registration.

Analysis by the Legislative Reference Bureau

This bill requires a registered elector who has changed his or her name or address to complete a new voter registration. Under current law, if a registered elector changes his or her name, the elector must either provide notice of the change to the municipal clerk prior to election day or to the inspector at the polling place on election day. If notice is given to the inspector on election day, the inspector must notify the clerk of the elector's name change when the election day materials are returned to the clerk's office. Under current law, an elector who has changed both his or her name and address must complete a new voter registration.

Under current law, a document used as proof of identification for voting purposes may not be sufficient to establish proof of residence for voter registration purposes. Conversely, several documents that an elector may use to establish residency, such as a bank statement or utility bill, are not sufficient as proof of identification for voting. In many instances, however, current law refers to an elector providing an “identifying document” as proof of residence. The bill replaces the term “identifying document” with “document” when used in conjunction with establishing proof of residence to avoid voter confusion with regard to the documentation necessary to establish residency.

Current law allows an individual to use an unexpired driving receipt or an unexpired identification card receipt as proof of identification for voting purposes. Both documents include a photograph of the individual to whom the document is issued. An unexpired driving receipt is a temporary document that an individual may use as an operator's license until such time that the individual receives his or her actual operator's license. Similarly, an unexpired identification card receipt is a temporary document that the holder may use until he or she receives an actual identification card. The bill allows an individual to also use an unexpired driving receipt or an unexpired identification card receipt as proof of residence for voter registration purposes if the receipt has the individual's current and complete name and address.

Current law authorizes the use of a paycheck for an elector to establish proof of residence for purposes of voter registration. The bill adds the authority to use a pay stub or pay statement.

The bill also specifies that a document provided as proof of residence for purposes of voter registration may be provided in electronic format.

Under current law, when the municipal clerk or the Elections Commission receives a valid registration form, either electronically or by mail, the registrant receives a letter or postcard that specifies the registrant's ward, aldermanic district, if any, and polling place. The letter or postcard is also intended to verify the registrant's address. The bill clarifies that the commission sends the letter or postcard.

For further information see the local 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:

SB241,1 Section 1. 6.15 (2) (bm) of the statutes is amended to read:

SB241,3,6 6.15 (2) (bm) Except as authorized in s. 6.79 (7), when making application in person at the office of the municipal clerk, each applicant shall present proof of identification. If any document presented by the applicant is not proof of residence under s. 6.34, the applicant shall also present proof of residence under s. 6.34. The clerk shall verify that the name on the proof of identification presented by the elector conforms to the name on the elector's application, shall verify that any photograph appearing on that document reasonably resembles the elector, and shall enter the type of identifying document submitted by the elector as proof of residence, 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, the last 4 digits of that number on the application form. If the number on the identifying document submitted by the elector has 6 or fewer digits, the clerk shall enter only the last 2 digits of that number.

SB241,2 Section 2. 6.29 (2) (b) of the statutes is amended to read:

SB241,3,21 6.29 (2) (b) Upon the filing of the registration form required by this section, the municipal clerk or clerk's agent under s. 6.33 (5) (b) shall enter the type of identifying document submitted by the elector as proof of residence, 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, the last 4 digits of that number on the registration form. If the number on the identifying document submitted by the elector has 6 or fewer digits, the clerk shall enter only the last 2 digits of that number. The municipal clerk or clerk's agent under s. 6.33 (5) (b) shall issue a certificate containing the name and address of the elector addressed to the inspectors of the proper ward or election district directing that the elector be permitted to cast his or her vote if the elector complies with all requirements for voting at the polling place. The certificate shall be numbered serially, prepared in duplicate and one copy preserved in the office of the municipal clerk.

SB241,3 Section 3. 6.32 (4) of the statutes is amended to read:

SB241,4,9 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. The commission shall 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 by the clerk. 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 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 or clerk if the elector does not reside at the address given on the letter or postcard.

SB241,4 Section 4. 6.33 (1) of the statutes is amended to read:

SB241,5,25 6.33 (1) The commission 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. 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 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 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 shall include the following statement: “Falsification of information on this form is punishable under Wisconsin law as a Class I felony." The commission 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 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 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 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).

SB241,5 Section 5. 6.33 (2) (a) of the statutes is amended to read:

SB241,6,11 6.33 (2) (a) All information may be recorded by any person, except that the clerk shall record the ward and aldermanic district, if any, other geographic information under sub. (1), the indication of whether the registration is received by mail, and the type of identifying document submitted by the elector as proof of residence under s. 6.34. Except as provided in s. 6.30 (5), each elector shall sign his or her own name unless the elector is unable to sign his or her name due to physical disability. In such case, the elector may authorize another elector to sign the form on his or her behalf. If the elector so authorizes, the elector signing the form shall attest to a statement that the application is made upon request and by authorization of a named elector who is unable to sign the form due to physical disability.