LRB-4290/1
MPG&CMH:kjf
2019 - 2020 LEGISLATURE
September 26, 2019 - Introduced by Representatives Emerson, Crowley, Stubbs,
Sargent, Hebl, L. Myers, Zamarripa, Fields, Bowen, Spreitzer, Neubauer,
Subeck, Anderson, Goyke, Ohnstad, C. Taylor and Cabrera, cosponsored by
Senators L. Taylor, Risser, Larson, Smith, Johnson and Carpenter. Referred
to Committee on Campaigns and Elections.
AB477,1,9 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, felony, or bribery 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:
AB477,1 1Section 1. 6.03 (1) (b) of the statutes is renumbered 6.03 (1) (b) (intro.) and
2amended to read:
AB477,2,53 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:
AB477,2 6Section 2. 6.03 (1) (b) 1., 2., 3. and 4. of the statutes are created to read:
AB477,3,2
16.03 (1) (b) 1. Incarcerated while serving a sentence that was not imposed
2under s. 973.01.
AB477,3,43 2. Serving a term of confinement, or incarcerated after revocation of extended
4supervision, while serving a sentence that was imposed under s. 973.01.
AB477,3,55 3. Incarcerated following the revocation of probation.
AB477,3,66 4. Confined as a condition of probation under s. 973.09 (4) (a).
AB477,3 7Section 3. 6.29 (2) (am) of the statutes is repealed.
AB477,4 8Section 4. 6.33 (1) of the statutes is amended to read:
AB477,4,239 6.33 (1) The commission shall prescribe the format, size, and shape of
10registration forms. All nonelectronic forms shall be printed and each item of
11information shall be of uniform font size, as prescribed by the commission. Except
12as otherwise provided in this subsection, electronic forms shall contain the same
13information as nonelectronic forms. The municipal clerk shall supply sufficient
14forms to meet voter registration needs. The commission shall design the form to
15obtain from each elector information as to name; date; residence location; location of
16previous residence immediately before moving to current residence location;
17citizenship; date of birth; age; the number of a current and valid operator's license
18issued to the elector under ch. 343 or the last 4 digits of the elector's social security
19account number; whether the elector has resided within the ward or election district
20for the number of consecutive days specified in s. 6.02 (1); whether the elector has
21been convicted of a felony for which he or she has not been pardoned, and if so,
22whether the elector is incarcerated, or on parole, probation, or extended supervision;

23whether the elector is disqualified on any other ground for any reason from voting;
24and whether the elector is currently registered to vote at any other location. The
25commission shall include on the nonelectronic form a space for the elector's signature

1and on the electronic form the authorization specified under s. 6.30 (5). Below the
2space for the signature or authorization, respectively, the commission shall include
3the following statement: “Falsification of information on this form is punishable
4under Wisconsin law as a Class I felony." The commission shall include on the form
5a space to enter the name of any inspector, municipal clerk, or deputy clerk under s.
66.55 (2) who obtains the form and a space for the inspector, clerk, or deputy clerk to
7sign his or her name, affirming that the inspector, clerk, or deputy clerk has accepted
8the form. The commission shall include on the form a space for entry of the ward and
9aldermanic district, if any, where the elector resides and any other information
10required to determine the offices and referenda for which the elector is certified to
11vote. The commission shall also include on the form a space where the clerk may
12record an indication of whether the form is received by mail or by electronic
13application, a space where the clerk shall record an indication of the type of
14identifying document submitted by the elector as proof of residence under s. 6.34 or
15an indication that the elector's information in lieu of proof of residence was verified
16under s. 6.34 (2m), the name of the entity or institution that issued the identifying
17document, and, if the identifying document includes a number that applies only to
18the individual holding that document, that number. The commission shall also
19include on the form a space where the clerk, for any elector who possesses a valid
20voting identification card issued to the person under s. 6.47 (3), may record the
21identification serial number appearing on the voting identification card. Each
22county clerk shall obtain sufficient registration forms for completion by an elector
23who desires to register to vote at the office of the county clerk under s. 6.28 (4).
AB477,5 24Section 5. 6.33 (2) (a) of the statutes is amended to read:
AB477,5,12
16.33 (2) (a) All information may be recorded by any person, except that the clerk
2shall record the ward and aldermanic district, if any, other geographic information
3under sub. (1), the indication of whether the registration is received by mail, and the
4type of identifying document submitted by the elector as proof of residence under s.
56.34. An elector is not required to provide a copy of any certificate or notice issued
6to the applicant under s. 304.078.
Except as provided in s. 6.30 (5), each elector shall
7sign his or her own name unless the elector is unable to sign his or her name due to
8physical disability. In such case, the elector may authorize another elector to sign
9the form on his or her behalf. If the elector so authorizes, the elector signing the form
10shall attest to a statement that the application is made upon request and by
11authorization of a named elector who is unable to sign the form due to physical
12disability.
AB477,6 13Section 6. 6.36 (1) (a) 9. of the statutes is repealed.
AB477,7 14Section 7. 6.55 (2) (cs) of the statutes is repealed.
AB477,8 15Section 8. 6.55 (3) (a) of the statutes is renumbered 6.55 (3).
AB477,9 16Section 9. 6.55 (3) (b) of the statutes is repealed.
AB477,10 17Section 10. 6.56 (3m) of the statutes is repealed.
AB477,11 18Section 11. 6.79 (2) (dm) of the statutes is repealed.
AB477,12 19Section 12. 6.88 (3) (c) of the statutes is repealed.
AB477,13 20Section 13. 7.52 (6) of the statutes is amended to read:
AB477,6,421 7.52 (6) The board of absentee ballot canvassers shall review each certificate
22envelope to determine whether any absentee ballot is cast by an elector whose name
23appears on the poll list as ineligible to vote at the election, including ineligibility to
24vote by reason of a felony conviction
. If the board of absentee ballot canvassers
25receives an absentee ballot that has been cast by an elector whose name appears on

1the poll list as ineligible to vote, the inspectors shall challenge the ballot in the same
2manner as provided for inspectors making challenges under s. 6.92 and shall treat
3the ballot in the same manner as provided for treatment of challenged ballots by
4inspectors under s. 6.95.
AB477,14 5Section 14. 301.03 (3a) (intro.) of the statutes is amended to read:
AB477,6,86 301.03 (3a) (intro.) Subject to all of the following, design a form to provide
7notice under ss. 302.117, 973.09 (4m), and s. 973.176 (2) of ineligibility to vote under
8s. 6.03 (1) (b):
AB477,15 9Section 15. 301.03 (20m) of the statutes is repealed.
AB477,16 10Section 16. 302.117 of the statutes is repealed.
AB477,17 11Section 17. 304.078 (1) of the statutes is repealed.
AB477,18 12Section 18. 304.078 (2) of the statutes is amended to read:
AB477,6,2313 304.078 (2) Except for the right to vote, which is restored as provided in sub.
14(3), every person who is convicted of a crime obtains a restoration of his or her civil
15rights by serving out his or her term of imprisonment or otherwise satisfying his or
16her sentence. The certificate of the department or other responsible supervising
17agency that a convicted person has served his or her sentence term of imprisonment
18or otherwise satisfied the judgment sentence against him or her is evidence of that
19fact and that the person is restored to his or her civil rights. The department or other
20agency shall list in the person's certificate rights which have been restored and which
21have not been restored. Persons who served out their terms of imprisonment or
22otherwise satisfied their sentences prior to August 14, 1947, are likewise restored to
23their civil rights from and after September 25, 1959.
AB477,19 24Section 19. 304.078 (3) of the statutes is renumbered 304.078 (3) (a) and
25amended to read:
AB477,7,5
1304.078 (3) (a) If a person is disqualified from voting under s. 6.03 (1) (b) from
2voting
, his or her right to vote is restored when he or she completes the term of
3imprisonment or probation for the crime that led to the disqualification. The
the
4factor under s. 6.03 (1) (b) that disqualified him or her from voting no longer applies
5to him or her.
AB477,7,12 6(b) When a person is placed on parole or extended supervision or when a person
7is discharged from an incarceration sentence or a confinement period that
8disqualified him or her under s. 6.03 (1) (b) from voting, the
department or, if the
9person is sentenced to a county jail or house of correction, the jailer shall inform the
10person in writing at the time his or her
provide the person written notice of the right
11to vote is restored under this subsection and, if the person resided in this state at the
12time of conviction, a voter registration form
.
AB477,20 13Section 20. 973.09 (4m) of the statutes is repealed.
AB477,21 14Section 21. 973.176 (2) of the statutes is amended to read:
AB477,7,2215 973.176 (2) Voting. Whenever a court imposes a sentence or places a defendant
16on probation for a conviction
a condition of probation that disqualifies the defendant
17from voting under s. 6.03 (1) (b), the court shall inform the defendant in writing that
18he or she may not vote in any election until his or her civil rights are restored the
19factor under s. 6.03 (1) (b) that disqualified him or her from voting no longer applies
20to him or her
. The court shall use the form designed by the department of corrections
21under s. 301.03 (3a) to inform the defendant, and the defendant and a witness shall
22sign the form.
AB477,22 23Section 22. Nonstatutory provisions.
AB477,8,524 (1) Training. The department of corrections, the elections commission, and the
25director of state courts shall include in their ongoing training programs a discussion

1of the changes to voting rights that this act creates and shall offer the training to
2judges, attorneys, election officials, employees of the department of corrections, and
3the public, as appropriate. If this subsection takes effect at least 60 days before the
4first election that follows that effective date, the department, the commission, and
5the director shall endeavor to provide the training before election day.
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