AB542: Bill Text

Voter registration with operator's license and identification card renewals

Under current law, every municipality with a population of more than 5,000 is required to maintain a voter registration list. Beginning with the 2006 spring primary election, every municipality will be required to maintain a voter registration list. With certain exceptions, the deadline for voter registration for an election is 5 p.m. on the second Wednesday preceding the election. Registrations before this deadline may be received at the office of the municipal clerk or board of election commissioners (by mail or in person), at the office of the register of deeds, and at other designated locations such as public high schools. Voters may also register in person at the office of the municipal clerk or board of election commissioners until 5 p.m. on the day before an election or, in most cases, may register at the proper polling place or other designated location on election day. In addition, voters may register for an election after the deadline if the municipal clerk or board of election commissioners determines that the registration list can be revised to incorporate the registrations in time for the election.

This bill directs the Department of Transportation (DOT) to include a voter registration application as part of each operator's license and identification card application and renewal application and to accept voter registration applications from any elector who applies for an operator's license or identification card or renewal of a license or card at any DOT office where applications for licenses or cards or renewals of licenses or cards are accepted. The bill also directs DOT to accept an application to update the registration information of any elector who has applied for or obtained an operator's license or identification card if the elector changes his or her name or residence within the state. The form of the registration application and update application is prescribed by the Elections Board, subject to certain requirements specified in the bill. Under the bill, DOT must provide the registration and update forms to applicants at state expense.

The bill directs each municipal clerk and board of election commissioners to appoint each employee of DOT who accepts applications for operators' licenses or identification cards or renewals of licenses or cards as a special registration deputy. The bill directs DOT employees who serve as deputies to forward completed voter registration applications and update forms to the Elections Board. The board then adds the names of qualified electors who submit properly completed forms to the registration list or updates registration information on the list, as appropriate. Under the bill, if a registration or update is filed at an office of DOT, the form or update must be filed no later than the second Wednesday before an election to become effective for that election.

Prevention of voting by ineligible felons

Currently, any person who is convicted of a felony is not eligible to vote. However, if the person is pardoned or the person completes his or her sentence, the person's voting rights are restored. A person who is on probation, parole, or extended supervision has not completed his or her sentence. Under current law, there is no procedure that election officials must use to identify felons who are ineligible to vote and to prevent them from voting.

This bill directs the Department of Corrections (DOC) to transmit electronically to the Elections Board, on a continuous basis, a list containing the names of each person who has been convicted of a felony under the laws of this state and whose voting rights have not been restored, together with the date on which DOC expects his or her voting rights to be restored. (The voting rights of a convicted felon are restored if the felon is pardoned or if the felon is released from incarceration and is not on parole, probation or extended supervision.) The bill directs the board to enter the information received from DOC on the statewide voter registration list and to maintain the information on that list so that the information is kept current. Under the bill, the information is open to public inspection. The bill also directs the board to enter on the poll list prepared for each election a notation after the name of any elector who is ineligible to vote on that date because the person's name appears on the current list that DOC provides. In addition, the bill directs the board to provide for each polling place at each election a list of persons whose names do not appear on the registration list but whose names appear on the current list that DOC provides and whose addresses are located within the area served by the polling place. These lists are open to public inspection. The bill requires poll workers to check the lists and to inform any person whose names appear on the lists that they are ineligible to register to vote or to vote. A person whose name appears on a list and who claims to be eligible to vote may still be allowed to vote, but the person must vote by ballot. The ballot is marked for later examination and it may be reviewed and discounted during a canvass or recount if the appropriate board of canvassers determines that the person who cast the ballot is ineligible to vote.

The bill also requires every person who registers to vote, to affirm specifically that he or she has not been convicted of a felony for which he or she has not been pardoned and, if so, whether the person is incarcerated or on probation, parole, or extended supervision resulting from that conviction. Currently, the law requires a person who registers at a polling place only to affirm that he or she is not disqualified on any ground from voting, and does not require any similar affirmation from other late registrants.

In addition, the bill directs the Elections Board to conduct a postelection audit after each election to determine whether any ineligible felons have been allowed to register and vote after the close of registration. If so, the board is directed to enter a notation reflecting this ineligibility on the registration list and to provide the names of these felons to the district attorney.

Thirty-minute maximum waiting time

This bill directs municipalities to implement procedures to attempt to ensure that no elector who appears to vote at a polling place for any election is required to wait more than 30 minutes before being permitted to vote. Currently, there is no similar requirement.

Postelection performance reviews

This bill directs each municipal clerk and board of election commissioners of each municipality to conduct a postelection performance review following each election that is held in the municipality. The review must include an analysis of whether all relevant laws were complied with, an assessment of whether the municipality achieved its goal to ensure a maximum waiting time of 30 minutes at polling places and if not, how the goal can be achieved at the next comparable election, and any steps that the municipality must take to improve the administration of the next election in the municipality. Currently, there is no such requirement.

Election day plans

This bill directs each municipal governing body to adopt a plan for the administration of each election in the municipality. The plan must be adopted at least 42 days before each regularly scheduled election, including each primary, and at least 21 days before each special election. The plan must be prepared with the advice of the Elections Board and must be submitted to the governing body in proposed form by the municipal clerk or board of election commissioners. The plan must include six elements: 1) procedures for preelection education of voters concerning voting eligibility and voting procedures; 2) methods to be used to ensure adequate staffing for preelection and election day activities; 3) measures that the municipality will use to ensure the orderly and efficient flow of voters at each polling place; 4) contingency plans to manage any voter turnout that is significantly higher than anticipated; 5) management controls that the municipality will use to ensure accountable and orderly processes at the election; and 6) specific procedures that the municipality will use to conduct the postelection reviews required by the bill.

Election officials

Currently, there must be at least three inspectors (poll workers) at each polling place. Municipalities may increase that number and may appoint special registration deputies on a nonpartisan basis to register voters at polling places on election day. Inspectors must be appointed from lists containing the names of eligible electors submitted by party committeemen and committeewomen. If no names or insufficient names are submitted, inspectors are appointed on a nonpartisan basis. Certain high school pupils may also be appointed to serve as inspectors. The party whose candidate for president or governor received the most votes in the area served by the polling place at the most recent general election is entitled to one more appointment than the other party. Alternate officials must also be appointed in a sufficient number to maintain adequate staffing.

This bill provides that each municipality shall at the general election and may at other elections appoint an additional inspector on a nonpartisan basis who serves as a greeter and substitutes for other inspectors who must leave the voting room temporarily. Under the bill, the additional inspector is not entitled to participate in the canvassing process. In addition, the bill requires each municipality to appoint at least one alternate inspector to serve at each election at each polling place in the municipality.

Compensation for obtaining voter registrations

Under current law, a municipal clerk or board of election commissioners or the Elections Board may appoint special registration deputies who may register electors prior to the close of registration for any election. Any other person may also obtain voter registration forms and may solicit registrations and return completed forms to a municipal clerk, board of election commissioners, or the Elections Board.

This bill prohibits any person from compensating any other person, for obtaining voter registrations, at a rate that varies in relation to the number of voter registrations obtained by the person. Violators are guilty of a misdemeanor and are subject to a fine of not more than $1,000 or imprisonment for not more than six months, or both, for each offense.

Training of poll workers and special registration deputies

Currently, the Elections Board conducts training programs for chief inspectors (chief officials at polling places). No person may serve as a chief inspector who has not been certified by the Elections Board as having met the requirements prescribed by the board for certification. The Elections Board must also prescribe requirements for maintaining certification. The Elections Board may also conduct training programs for other election officials. Municipal clerks and boards of election commissioners are required to train all election officials, and municipalities may require applicants for election official positions to take examinations. Currently, the Elections Board and municipal clerks and boards of election commissioners may appoint special registration deputies who obtain voter registrations from electors prior to the close of registration (the second Wednesday before an election). Currently, municipal clerks and boards of election commissionaires may appoint special voting deputies to conduct voting at nursing homes and certain retirement homes and community-based residential facilities. This bill also provides for the appointment of special registration deputies and special voting deputies to serve at satellite absentee voting stations (see above). Currently, the clerks and boards of election commissioners must train the deputies in accordance with rules prescribed by the Elections Board.

This bill requires the Elections Board to train all poll workers as well as special registration deputies and special voting deputies. As a part of the training, the bill requires the board to produce and conduct regular training programs and, specifically, to produce and periodically update a video program and make the program available electronically through an Internet-based system. The bill provides that no person may serve as a poll worker, special registration deputy, or special voting deputy unless that person is certified by the board as having met the training requirements prescribed by the board for certification. The bill also directs the board to prescribe requirements for maintaining certification. All requirements must be structured to enable a qualified individual to obtain or maintain certification solely by viewing the current applicable video training program produced by the board. The cost of training provided by the state is paid by the state (with the use of federal funds if available). Municipalities are required to compensate election officials other than special registration deputies and special voting deputies for attendance at training sessions.

Registration form format

Currently, the Elections Board prescribes the content of voter registration forms in accordance with statutory requirements. The forms must be printed on loose-leaf sheets or cards. This bill provides that the forms must be printed on cards and directs the board to prescribe the format, size, and shape of the forms. The bill also requires each item of information on the forms to be displayed in uniform font size, as prescribed by the board.

Public access to birth date information

Currently, beginning with registration for voting at the 2006 spring primary election, registration is required in all municipalities for all electors except military electors, as defined by law. The registration list consists of certain information relating to registered or formerly registered electors specified by law. Certain items of information on the list may be publicly inspected or accessed electronically. Other items of information, including an elector's date of birth, may only be viewed or accessed by employees of the Elections Board and county and municipal clerks and boards of election commissioners or their employees.

This bill provides that an individual who appears in person at the office of the municipal clerk or board of election commissioners of a municipality may examine information relating to the date of birth of any registered or formerly registered elector of the state, as shown on the registration list, upon presentation of a current, valid identification card issued by a governmental unit or other proof of residence that is acceptable for voter registration purposes. Under the bill, an individual who examines this information may receive a copy of the information or any other information on the registration list to which access is permitted under current law. The bill directs the clerk or board of election commissioners to record the name of any individual who requests to examine information under the bill, together with the type of identification presented by the individual and any unique number shown on the face of the identification. Under the bill, no person who obtains birth date information from a registration list may use the information for commercial purposes or post the information on the Internet. Violators are guilty of a felony and may be fined not more than $10,000 or imprisoned for not more than three years and six months or both.

Posting of polling place information

This bill provides that in each municipality that is served by more than one polling place at any election, the municipal clerk or board of election commissioners must prominently post a map of the municipality, in the format prescribed by the Elections Board, at each polling place for that election. The posting is required to display the boundaries of the ward or wards served by each polling place for that election, to show the location of each polling place on the map, and to provide the building name and address for each polling place. The bill directs the Elections Board to pay for the cost of the posting. Currently, polling place information must be published or posted prior to an election, but there is no requirement for posting at polling places.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state and 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:

AB542, s. 1 Section 1. 5.02 (15) of the statutes is amended to read:

AB542,10,6 5.02 (15) "Polling place" means the actual location wherein the elector's vote is cast. "Polling place" does not include a satellite absentee voting station designated under s. 6.873 (1) or a nursing home, qualified retirement home, or qualified community-based residential facility where absentee voting is conducted under s. 6.875 (6).

AB542, s. 2 Section 2. 5.05 (1) (e) of the statutes is amended to read:

AB542,10,17 5.05 (1) (e) Delegate to its executive director the authority to issue a subpoena under par. (b), apply for a search warrant under par. (b), commence an action under par. (d), intervene in an action or proceeding under sub. (9), issue an order under s. 5.06, exempt a polling place or exempt a satellite absentee voting station designated under s. 6.873 (1) from accessibility requirements under s. 5.25 (4) (a), exempt a municipality from the requirement to use voting machines or an electronic voting system under s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such limitations as the board deems appropriate.

AB542, s. 3 Section 3. 5.25 (4) (a) of the statutes, as affected by 2003 Wisconsin Act 265, is amended to read:

AB542,11,6 5.25 (4) (a) Each Except as otherwise specifically authorized by the board, each polling place and satellite absentee voting station under s. 6.873 (1) shall be accessible to all individuals with disabilities. The board shall ensure that the voting system used at each polling place and satellite absentee voting station under s. 6.873 (1) will permit all individuals with disabilities to vote without the need for assistance and with the same degree of privacy that is accorded to nondisabled electors voting at the same polling place or voting station. This paragraph does not apply to any individual who is disqualified from voting under s. 6.03 (1) (a).

AB542, s. 4 Section 4. 5.25 (4) (b) of the statutes is amended to read:

AB542,11,12 5.25 (4) (b) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in any language other than English, the board shall ensure that the voting system used at each polling place and at each satellite absentee voting station under s. 6.873 (1) located in that jurisdiction is in compliance with 42 USC 1973aa-1a.

AB542, s. 5 Section 5. 5.35 (title) of the statutes is amended to read:

AB542,11,14 5.35 (title) Polling place and voting station requirements.

AB542, s. 6 Section 6. 5.35 (5) of the statutes is amended to read:

AB542,11,22 5.35 (5) Activities restricted. No polling place or satellite absentee voting station designated under s. 6.873 (1) may be situated so as to interfere with or distract election officials from carrying out their duties. The municipal clerk and election inspectors shall prevent interference with and distraction of electors at polling places, and the special voting deputies shall prevent interference with and distraction of electors at satellite absentee voting stations designated under s. 6.873 (1).

AB542, s. 7 Section 7. 5.35 (6) (a) (intro.) of the statutes is amended to read:

AB542,12,3 5.35 (6) (a) (intro.) At each polling place and at each satellite absentee voting station designated under s. 6.873 (1) in the state, the municipal clerk or board of election commissioners shall post ensure that all of the following materials, are posted and positioned so that they may be readily observed by electors entering the polling place, approaching the voting station, or waiting in line to vote:

AB542, s. 8 Section 8. 5.35 (6) (a) 3. of the statutes is amended to read:

AB542,12,7 5.35 (6) (a) 3. Two sample ballots prepared under s. 5.66 (2), in the case of a polling place, and one sample ballot prepared under s. 5.66 (2), in the case of a satellite absentee voting station designated under s. 6.873 (1).

AB542, s. 9 Section 9. 5.35 (6) (a) 4. of the statutes is amended to read:

AB542,12,10 5.35 (6) (a) 4. The date of the election and the hours during which the polling place or satellite absentee voting station is open.

AB542, s. 10 Section 10. 5.35 (6) (c) of the statutes is created to read:

AB542,12,18 5.35 (6) (c) At each polling place located in a municipality that is served by more than one polling place for an election, the municipal clerk or board of election commissioners shall prominently post a map of the municipality, in the format prescribed by the board, at each polling place for that election. The posting shall clearly show the boundaries of the ward or wards served by each polling place for that election, show the location of each polling place on the map, and shall provide the building name and address for each polling place.

AB542, s. 11 Section 11. 5.51 (9) of the statutes is created to read:

AB542,12,22 5.51 (9) On the back of each ballot, above the space for the initials, the ballot shall contain a space for the municipal clerk, deputy clerk, or special voting deputy to indicate whether the ballot is cast in person under s. 6.86 (1) (a) 2. or under s. 6.873.

AB542, s. 12 Section 12. 6.10 (3) of the statutes is amended to read:

AB542,13,12 6.10 (3) When If an elector moves from one ward to another or from one municipality to another within the state before the close of registration under s. 6.28 (1), the elector may vote in and be considered a resident of the new ward or municipality where residing upon updating his or her registration under s. 6.28 (4) (b), transferring his or her registration under s. 6.40 (1), or registering at the proper polling place or other registration location in the new ward or municipality under s. 6.285 (2) or 6.55 (2). If an elector moves from one ward to another or from one municipality to another within the state after the last registration day but at least 10 days before the election, the elector may vote in and be considered a resident of the new ward or municipality where residing upon transferring registration under s. 6.40 (1) or upon registering at the proper polling place or other registration location in the new ward or municipality under s. 6.285 (2) or 6.55 (2) or 6.86 (3) (a) 2. If the elector moves within 10 days of an election, the elector shall vote in the elector's old ward or municipality if otherwise qualified to vote there.

AB542, s. 13 Section 13. 6.15 (4) (a) to (e) of the statutes are amended to read:

AB542,13,17 6.15 (4) (a) Clerks holding new resident ballots shall deliver them to the election inspectors in the proper ward or election district where the new residents reside municipal board of canvassers when it convenes under s. 7.52 (1), as provided by s. 6.88 for absentee ballots.

AB542,13,20 (b) During polling hours, the inspectors The board of canvassers shall open each carrier envelope, announce the elector's name, check the affidavit for proper execution, and check the voting qualifications for the ward, if any.

AB542,13,23 (c) The inspectors board of canvassers shall open the inner envelope without examination of the ballot other than is necessary to see that the issuing clerk has endorsed it.

AB542,14,3 (d) Upon satisfactory completion of the procedure under pars. (b) and (c) the inspectors board of canvassers shall deposit the ballot in the ballot box. The inspectors board of canvassers shall enter the name of each elector voting under this section on the poll list with an indication that the elector is voting under this section or on a separate list maintained for the purpose under s. 6.79 (2) (c).

AB542,14,7 (e) If the person is not a qualified elector in the ward or municipality, or if the envelope is open or has been opened and resealed, the inspectors shall reject the vote. Rejected ballots shall be processed the same as rejected absentee ballots, under s. 6.88 (3) (b).

AB542, s. 14 Section 14. 6.15 (6) of the statutes is amended to read:

AB542,14,12 6.15 (6) Death of elector. When it appears by due proof to the inspectors board of canvassers that a person voting under this section at an election has died before the date of the election, the inspectors board of canvassers shall return the ballot with defective ballots to the issuing official.

AB542, s. 15 Section 15. 6.21 of the statutes is renumbered 7.52 (9) and amended to read:

AB542,14,18 7.52 (9) When by due proof it appears to the inspectors board of canvassers that a person voting under this section casting an absentee ballot at an election has died before the date of the election, they the board of canvassers shall return the ballot with defective ballots to the issuing official. The casting of the ballot of a deceased elector does not invalidate the election.

AB542, s. 16 Section 16. 6.26 (2) (c) of the statutes is amended to read:

AB542,14,24 6.26 (2) (c) No individual may serve as a special registration deputy in a municipality unless the individual is certified by the board under s. 7.31 to serve in that position and is either appointed by the municipal clerk or board of election commissioners of the municipality or the individual is appointed by the elections board to serve all municipalities.

AB542, s. 17 Section 17. 6.26 (2) (d) of the statutes is amended to read:

AB542,15,2 6.26 (2) (d) This subsection does not apply to deputies serving under s. 6.28 (4) or to deputies appointed under s. ss. 6.285 (1) and 6.55 (6).

AB542, s. 18 Section 18. 6.26 (3) of the statutes is amended to read:

AB542,15,11 6.26 (3) The board shall, by rule, prescribe procedures for appointment of special registration deputies, for revocation of appointments of special registration deputies, and for training of special registration deputies by municipal clerks and boards of election commissioners. The procedures shall be coordinated with training programs for special registration deputies produced and conducted by the board under s. 7.31 and shall be formulated to promote increased registration of electors consistent with the needs of municipal clerks and boards of election commissioners to efficiently administer the registration process.

AB542, s. 19 Section 19. 6.275 (title) of the statutes is amended to read:

AB542,15,13 6.275 (title) Registration and voting statistics information.

AB542, s. 20 Section 20. 6.275 (2) of the statutes is amended to read:

AB542,15,17 6.275 (2) Upon receipt of each report filed under this section sub. (1), the county clerk or board of election commissioners shall forward one copy to the board within 7 days.

AB542, s. 21 Section 21. 6.275 (3) of the statutes is created to read:

AB542,15,21 6.275 (3) The board shall withhold from access under s. 19.35 (1) any registration information received from the department of transportation with respect to which confidentiality is guaranteed under s. 6.33 (1m) (a) 3. and 4.

AB542, s. 22 Section 22. 6.28 (title) of the statutes is repealed and recreated to read:

AB542,15,23 6.28 (title) Open registration.

AB542, s. 23 Section 23. 6.28 (1) of the statutes is amended to read:

AB542,16,24 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.29, 6.55 (2), and 6.86 (3) (a) 2., registration in person for any election shall close at 5 p.m. on the 2nd Wednesday preceding the election. Registrations made by mail under s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked no later than the 2nd Wednesday preceding the election. An application for registration in person or by mail may be accepted for placement on the registration list after the specified deadline, if the municipal clerk determines that the registration list can be revised to incorporate the registration in time for the election. All applications for registration corrections and additions may be made throughout the year at the office of the city board of election commissioners, at the office of the municipal clerk, at the office of any register of deeds, at any office of the department of transportation where the department receives applications for operators' licenses or identification cards, or for renewals of operators' licenses or identification cards, under ch. 343, or at other locations permitted under s. 6.285 or provided by the board of election commissioners or the common council in cities over 500,000 population or by either or both the municipal clerk, or the common council, village or town board in all other municipalities and may also be made during the school year at any high school by qualified persons under sub. (2) (a). Other registration locations may include but are not limited to fire houses, police stations, public libraries, institutions of higher education, supermarkets, community centers, plants and factories, banks, savings and loan associations and savings banks. Special registration deputies shall be appointed for all locations. An elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.

AB542, s. 24 Section 24. 6.28 (3) of the statutes is amended to read:

AB542,17,8 6.28 (3) At office of register of deeds. Any person shall be given an opportunity to register to vote at the office of the register of deeds for the county in which the person's residence is located. An applicant may fill out the required registration form under s. 6.33 (1). Upon receipt of a completed form, the register of deeds shall forward the form within 5 days to the appropriate municipal clerk, or to the board of election commissioners in cities over 500,000 population. The register of deeds shall forward the form immediately whenever registration closes within 5 days of receipt.

AB542, s. 25 Section 25. 6.28 (4) of the statutes is created to read: