SB281: Bill Text

LRB-3354/1

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2015 - 2016 LEGISLATURE

2015 Senate BILL 281

September 30, 2015 - Introduced by Senators Hansen, Carpenter, Wirch, Risser, Erpenbach, L. Taylor, C. Larson, Ringhand, Miller, Harris Dodd and Vinehout, cosponsored by Representatives Genrich, Berceau, Spreitzer, Shankland, Sargent, Young, Goyke, Kolste, Barnes, Ohnstad, Hesselbein, Zamarripa, Hebl, Wachs, Kessler, C. Taylor, Johnson, Riemer, Kahl, Jorgensen, Bowen, Mason, Subeck, Brostoff and Danou. Referred to Committee on Elections and Local Government.

SB281,1,8 An Act to amend 5.056, 6.24 (3), 6.275 (1) (b), 6.28 (1), 6.30 (1), 6.32, 6.33 (1), 6.33 (2) (a), 6.33 (5) (b), 6.34 (2), 6.35 (1) (intro.), 6.35 (3), 6.36 (2) (c), 6.40 (1) (a) 1., 6.40 (1) (c), 6.50 (10), 6.55 (2) (d), 6.86 (3) (c), 6.87 (4) (b) 1., 7.08 (1) (c), 85.61 (1) and 343.027; and to create 6.256, 6.29 (2) (e), 6.30 (5), 6.34 (2m), 6.34 (4), 6.35 (2), 7.08 (1) (cm) and 343.14 (2p) of the statutes; relating to: voter registration; proving residence for registration and voting purposes; reviewing certain expenditures of the Government Accountability Board by the Joint Committee on Finance; and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill makes various changes in laws relating to voter registration and proof of residence for voting. Currently, with the exception of individuals who are defined as "military electors" under state law and new or former residents voting for president and vice president, all eligible electors of this state must register in order to vote in an election in this state. The registration period for each election ends on the 20th day before that election, but an eligible elector may register to vote in an election after that date at the office of the municipal clerk or board of election commissioners of the municipality where he or she resides or at the polling place serving his or her residence by providing specified proof of residence. In order to register, an individual must provide his or her name, residence location, citizenship, date of birth, age, and the number of a valid Wisconsin driver's license or the last four digits of his or her social security number. An individual must also affirm that he or she: 1) has resided in his or her ward (or municipality if not divided into wards) for at least 28 consecutive days; 2) has not been convicted of a felony for which he or she has not been pardoned and has not completed his or her sentence; 3) is not disqualified on any other ground from voting; and 4) is not registered to vote at any other location. The burden is on the elector to initiate registration and, if the elector's name, address, or eligibility changes, to initiate any change in registration required to maintain a valid registration.

This bill makes it the responsibility of the Government Accountability Board (GAB) to use all feasible means to facilitate the registration of all eligible electors of this state who are subject to a registration requirement and to maintain the registration of all eligible electors for so long as they remain eligible, except as the law specifically requires electors to take some action to continue their registrations. Under the bill, GAB must attempt to facilitate the initial registration of all eligible electors in accordance with the bill's requirements and procedures no later than July 1, 2021. To assist with its responsibility, the bill directs GAB and the Department of Transportation (DOT) to enter into an agreement for the purpose of transferring specified personally identifiable information in DOT's records to GAB. The bill requires GAB to maintain the confidentiality of any information that GAB obtains under the agreement and allows a driver's license or identification card applicant to "opt out" of DOT's transfer of this information to GAB. Under the bill, once GAB obtains all the information required under current law to complete an elector's registration, GAB adds the elector's name to the statewide registration list. The information then becomes accessible on the Internet. The bill also permits an individual whose name is added to the registration list by GAB or who wishes to permanently exclude his or her name from the list to file a request to have his or her name deleted or excluded from the list or to revoke a deletion or exclusion request previously made. A deletion or exclusion request or revocation of a deletion or exclusion request may be made in the manner prescribed by GAB. In addition, the bill directs GAB to notify an individual by first class postcard whenever GAB removes his or her name from the registration list or changes his or her status on the list from eligible to ineligible, other than by request of the elector, except when GAB removes a duplicate entry from the list or changes the name of a deceased person from eligible to ineligible status.

In addition, the bill permits a qualified elector who has a current and valid driver's license or identification card issued by DOT to register to vote at an election electronically on a secure Internet site maintained by GAB. The bill requires an electronic registration to be completed no later than the 20th day before an election in order to be valid for that election. Under the bill, a qualified elector enters the same information that appears on the current registration form and authorizes DOT to forward a copy of his or her electronic signature to GAB. The authorization affirms that all information provided by the elector is correct and has the same effect as if the elector signed the form personally. The bill also permits an elector who is currently registered to vote and who has a current and valid driver's license or identification card to electronically enter a change of name or address using a similar procedure. In accordance with the existing procedure for verifying registrations that are not received at the office of the municipal clerk or board of election commissioners, the bill provides that when an electronic registration is received, GAB or the clerk or board of election commissioners of the elector's municipality of residence must verify each electronic registration by sending a first class letter or postcard to the registrant at the registrant's address. Except as otherwise permitted under the bill, if the registrant is voting for the first time in an election in this state, the registrant must provide proof of residence before voting in the election. The bill creates one exception which provides that, if an elector who registers electronically provides his or her Wisconsin driver's license number, together with his or her name and date of birth, and GAB is able to verify the information electronically at the time of registration by electronically accessing DOT's records, the elector need not provide proof of residence prior to voting. The bill directs GAB and DOT to enter into an agreement that permits GAB to verify the necessary information instantly by accessing DOT's electronic files.

Currently, each municipal clerk and board of election commissioners must maintain a file of voter registration forms for the electors of the municipality. This bill provides that the clerk or board must maintain registrations that are entered electronically in the manner prescribed by GAB, by rule.

The changes with respect to electronic registration first apply with respect to registration for voting at the first spring or partisan primary election that follows the day on which the bill becomes law by at least six months.

Currently, with certain exceptions, if an elector registers to vote by mail and has not voted in an election in this state, the elector must provide proof of residence prior to voting. This bill extends this requirement to apply to an elector whose registration is initiated by GAB but who has not voted in an election in this state. The bill also provides that if such an elector provides his or her Wisconsin driver's license number or the last four digits of his or her social security number, together with his or her name and date of birth, and GAB is able to instantly verify the information electronically by electronically accessing records of DOT, the elector need not provide proof of residence before voting.

The bill directs GAB to report to the appropriate standing committees of the legislature, no later than July 1, 2017, concerning its progress in initially implementing the registration system created by the bill. The report must contain an assessment of the feasibility and desirability or integration of registration information with information maintained by the departments of health services, children and families, workforce development, revenue, regulation and licensing, and natural resources, the University of Wisconsin System, and the State Technical College System Board, as well as with the technical colleges in each technical college district.

Currently, the legislature has made appropriations to GAB for the operation of GAB in the current fiscal biennium. This bill does not change these appropriations. However, the bill provides that before GAB may encumber or expend any amount of money to implement or administer any provision of the act resulting from enactment of this bill, GAB's legal counsel must first notify the cochairpersons of the Joint Committee on Finance of the proposed encumbrance or expenditure. The proposed encumbrance or expenditure is then subject to approval of or modification by the committee, but the committee may waive its right to review any proposed encumbrance or expenditure.

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:

SB281,1 Section 1. 5.056 of the statutes is amended to read:

SB281,4,10 5.056 Matching program with secretary of transportation. The administrator of the elections division of the board shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the board under s. 6.36 (1) and the information specified in s. 6.34 (2m) and other information specified in s. 6.256 (2) with personally identifiable information maintained by the department of transportation. Subject to s. 343.14 (2p) (b), the agreement shall provide for the electronic transfer of information under s. 6.256 (2) to the board on a continuous basis, no less often than monthly.

SB281,2 Section 2. 6.24 (3) of the statutes is amended to read:

SB281,4,17 6.24 (3) Registration. The overseas elector shall register in the municipality where he or she was last domiciled or where the overseas elector's parent was last domiciled on a form prescribed by the board designed to ascertain the elector's qualifications under this section. The form shall be substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (4) or (5).

SB281,3 Section 3. 6.256 of the statutes is created to read:

SB281,5,5 6.256 Board shall facilitate registration of electors. (1) Except as provided for electors specified in sub. (7) and as otherwise expressly provided, the board shall use all feasible means to facilitate the registration of all eligible electors of this state who are subject to a registration requirement and the maintenance of the registration of all eligible electors for so long as they remain eligible.

SB281,5,8 (2) Subject to s. 343.14 (2p) (b), for the purpose of carrying out its functions under sub. (1), the board shall obtain the following information from the department of transportation, to the extent that the department has the information:

SB281,5,12 (a) The full name of each individual who holds a current operator's license issued to the individual under ch. 343 or a current identification card issued to the individual under s. 343.50, together with the following information pertaining to that individual:

SB281,5,14 1. The current address of the individual together with any address history and any name history maintained by the department of transportation.

SB281,5,15 2. The date of birth of the individual.

SB281,5,16 3. The number of the license or identification card issued to the individual.

SB281,5,21 4. A copy of the document that the applicant provided as proof of citizenship and a statement from the department of transportation indicating that the department verified the applicant's citizenship. For purposes of this subdivision, the applicant shall provide a document that meets the requirements under 42 USC 1320b-7 (d).

SB281,5,24 (b) For each item of information specified in this subsection, the most recent date that the item of information was provided or obtained by the department of transportation.

SB281,6,9 (3) The board shall compare the information obtained under sub. (2) with the information in the registration list under s. 6.36 (1) (a). If the the board finds discrepancies between the information obtained under sub. (2) regarding an elector and the information in the registration list under s. 6.36 (1) (a) regarding that same elector, the board shall contact the elector by mail or telephone or in person to resolve the discrepancies. If the board is able to resolve the discrepancies after contacting the elector, the board shall update the information on the registration list. If the board is unable to contact the elector, the board shall resolve any discrepancies in favor of the information in the registration list.

SB281,6,22 (4) Except as provided in this subsection and sub. (7), if the board concludes that an individual appears eligible to vote in this state but is not registered, and the board has obtained from reliable sources all the information required under s. 6.33 (1) to complete the individual's registration, the board shall enter the individual's name on the registration list. If the board has not obtained from reliable sources all the information pertaining to an individual that is required under s. 6.33 (1), the board shall attempt to obtain from reliable sources the necessary information under s. 6.33 (1) that is   required to complete the individual's registration. If a municipality has changed the status of an elector from eligible to ineligible under s. 6.50 (1) and the elector's eligibility, name, or residence have not changed, the board shall not change the individual's name to eligible status unless the board first verifies that the individual is eligible and wishes to change his or her status to eligible.

SB281,6,25 (5) The board shall attempt to contact individuals described in sub. (4) if necessary to obtain all the information specified in s. 6.33 (1) pertaining to the individual that is required to complete the individual's registration.

SB281,7,3 (6) If the board is able to obtain all the required information specified in s. 6.33 (1) pertaining to an individual, the board shall enter the name of the individual on the registration list maintained under s. 6.36 (1) (a).

SB281,7,15 (7) Any individual may file a request with the board to exclude his or her name from the registration list. Any individual whose name is added to the registration list by the board may file a request with the board or a municipal clerk to have his or her name deleted from the list. A request for exclusion or deletion shall be filed in the manner prescribed by the board. An individual who files an exclusion or deletion request under this subsection may revoke his or her request by the same means that an individual may request an exclusion or deletion. The board shall ensure that the name of any individual who has filed an exclusion or deletion request under this subsection is excluded from the registration list or if the individual's name appears on the list, is removed from the registration list and is not added to the list at any subsequent time unless the individual files a revocation of his or her request under this subsection.

SB281,7,22 (8) If the board removes from the registration list the name of an elector who does not request that his or her name be deleted, other than to correct an entry that the board positively determines to be a duplication or to change the name of an individual who is verified to be deceased to ineligible status, the board shall mail the individual a notice of the removal or change in status by 1st class postcard at the individual's last-known address. The notice shall provide that the individual may apply to have his or her status changed to eligible if he or she is a qualified elector.

SB281,7,24 (9) The board shall attempt to facilitate the initial registration of all eligible electors, except as otherwise provided in this section, no later than July 1, 2021.

SB281,8,4 (10) The board shall maintain the confidentiality of all information obtained from the department of transportation under sub. (2) and may use this information only for the purpose of carrying out its functions under sub. (1) and s. 6.34 (2m) and in accordance with the agreement under s. 85.61 (1).

SB281,4 Section 4. 6.275 (1) (b) of the statutes is amended to read:

SB281,8,9 6.275 (1) (b) The total number of electors of the municipality residing in that county who were preregistered registered on the deadline specified in s. 6.28 (1), including valid mail registrations which are postmarked by that day and valid electronic registrations entered under s. 6.30 (5).

SB281,5 Section 5. 6.28 (1) of the statutes is amended to read:

SB281,9,4 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 3rd 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 3rd Wednesday preceding the election. Electronic registration for an election under s. 6.30 (5) shall close at midnight on the 3rd Wednesday preceding 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 the county clerk, or at other locations 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. 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 each location unless the location can be sufficiently staffed by the board of election commissioners or the municipal clerk or his or her deputies. 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.

SB281,6 Section 6. 6.29 (2) (e) of the statutes is created to read:

SB281,9,9 6.29 (2) (e) The municipal clerk or clerk's agent shall promptly add the names of qualified electors who register and vote under this section to the registration list. The clerk or clerk's agent shall add the names of qualified electors who vote at their polling places in the manner prescribed in s. 6.33 (5) (a).

SB281,7 Section 7. 6.30 (1) of the statutes is amended to read:

SB281,9,12 6.30 (1) In person. An elector shall apply for registration in person, except as provided under sub. subs. (4) and (5) and s. 6.86 (3) (a) 2.

SB281,8 Section 8. 6.30 (5) of the statutes is created to read:

SB281,9,25 6.30 (5) By electronic application. Any eligible elector who holds a current and valid operator's license issued under ch. 343 or a current and valid identification card issued under s. 343.50 may register electronically in the manner prescribed by the board. The board shall maintain on the Internet a secure registration form that enables the elector to enter the information required under s. 6.33 (1) electronically. The form shall contain an authorization for the board to obtain from the department of transportation an electronic copy of the applicant's signature. For purposes of this subsection, the signature is an affirmance that all information provided by the elector is correct and shall have the same effect as if the applicant had signed the application personally. Upon submittal of the electronic application, the board shall obtain from the department of transportation a copy of the electronic signature of the applicant and shall integrate the signature into the applicant's electronic application. The board shall maintain the electronically integrated application on file together with nonelectronic applications and shall notify the municipal clerk or board of election commissioners of the municipality where the applicant resides of its receipt of each completed application. The board shall also permit any elector who has a current and valid operator's license issued to the elector under ch. 343 or a current and valid identification card issued under s. 343.50 to make changes in his or her registration authorized under s. 6.40 (1) at the same Internet site that is used by electors for original registration under this subsection. An elector shall attest to the correctness of any changes in the same manner as provided in this subsection for information entered on an application for original registration.

SB281,9 Section 9. 6.32 of the statutes is amended to read: