2005 WISCONSIN ACT
An Act to repeal 6.56 (5) and 12.13 (3) (v); to renumber 6.79 (3); to renumber and amend 6.55 (3), 6.87 (4) and 6.97 (3); to amend 5.35 (6) (a) 2., 5.35 (6) (a) 4a., 6.15 (2) (d) 1r., 6.15 (3), 6.22 (2) (b), 6.24 (4) (d), 6.29 (1), 6.29 (2) (a), 6.33 (2) (b), 6.36 (1) (a), 6.36 (2) (a), 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (c) 2., 6.79 (2) (a) and (d), 6.79 (3) (title), 6.79 (4), 6.79 (6), 6.82 (1) (a), 6.86 (1) (ar), 6.86 (3) (a) 1., 6.86 (3) (a) 2., 6.869, 6.87 (3) (d), 6.875 (title), 6.875 (2) (a), 6.875 (3) and (4), 6.875 (6), 6.88 (3) (a), 6.97 (1) and (2), 7.08 (8) (title), 10.02 (3) (a), 12.13 (2) (b) 6m., 12.13 (4), 302.117, 343.50 (3), 343.50 (4), 343.50 (5), 343.50 (6), 973.09 (4m) and 973.176 (2); and to create 6.15 (2) (bm), 6.15 (2) (d) 1g., 6.55 (2) (cs), 6.55 (3) (b), 6.79 (2) (dm), 6.79 (3) (b), 6.79 (7), 6.87 (4) (a), 6.87 (4) (b) 2. to 5., 6.875 (1) (ap) and (asm), 6.875 (2) (d), 6.88 (3) (c), 6.965, 6.97 (3) (a) and (c), 301.03 (3a), 301.03 (20) and 343.50 (4g) of the statutes; relating to: requiring certain identification in order to vote at a polling place or obtain an absentee ballot, verification of the addresses of electors, absentee voting procedure in certain residential care apartment complexes and adult family homes, the fee for an identification card issued by the Department of Transportation, registration and voting procedures for certain persons who are convicted of felonies, and notification regarding ineligibility to vote.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB42,1g
Section 1g. 5.35 (6) (a) 2. of the statutes is amended to read:
5.35 (6) (a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3) (intro), (d), (f), (g), (k), (L), (o), (q), (r), (u), (v) and (x), together with the applicable penalties provided in s. 12.60 (1).
SB42,1r
Section 1r. 5.35 (6) (a) 4a. of the statutes is amended to read:
5.35 (6) (a) 4a. Instructions prescribed by the board for electors for whom a license or identification card is required under s. 6.79 (2) or for whom identification is required under s. 6.36 (2) (c) 2.
SB42,2
Section
2. 6.15 (2) (bm) of the statutes is created to read:
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 a valid operator's license issued to the person under ch. 343, a valid, current identification card issued to the person by a U.S. uniformed service, or a valid identification card issued to the person under s. 343.50. If any document presented by the applicant is not acceptable proof of residence under s. 6.55 (7), the applicant shall also present acceptable proof of residence under s. 6.55 (7).
SB42,3
Section
3. 6.15 (2) (d) 1g. of the statutes is created to read:
6.15 (2) (d) 1g. If the elector makes application in person at the office of the municipal clerk, the clerk shall verify that the name on the license or identification card provided by the elector under par. (bm) is the same as the name on the elector's application and shall verify that any photograph appearing on that document reasonably resembles the elector.
SB42,4
Section
4. 6.15 (2) (d) 1r. of the statutes is amended to read:
6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card, the municipal clerk shall require the elector to provide acceptable proof of residence under s. 6.55 (7). If the elector cannot provide acceptable proof of residence, the elector may have his or her residence corroborated in a statement that is signed by another elector of the municipality and that contains the current street address of the corroborating elector. If the residence is corroborated by another elector, that elector shall then provide proof of residence under s. 6.55 (7) permit the elector to cast his or her ballot for president and vice president. The elector shall then mark the ballot in the clerk's presence in a manner that will not disclose his or her vote. The elector shall then fold the ballot so as to conceal his or her vote. The clerk or elector shall then place the ballot in an envelope furnished by the clerk.
SB42,5
Section
5. 6.15 (3) of the statutes is amended to read:
6.15 (3) Procedure at polling place. An eligible elector may appear at the polling place for the ward or election district where he or she resides and make application for a ballot under sub. (2). Except as otherwise provided in this subsection, an elector who casts a ballot under this subsection shall follow the same procedure required for casting a ballot at the municipal clerk's office under sub. (2). The inspectors shall perform the duties of the municipal clerk, except that the inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon proper completion of the application and cancellation card and submittal of acceptable proof of residence under s. 6.55 (7) or providing corroboration of residence compliance with sub. (2) (d) 1g., the inspectors shall permit the elector to cast his or her ballot for president and vice president. The elector shall mark the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and deposit the ballot into the ballot box or give it to the inspector. The inspector shall deposit it directly into the ballot box. Voting machines or ballots utilized with electronic voting systems may only be used by electors voting under this section if they permit voting for president and vice president only.
SB42,6
Section
6. 6.22 (2) (b) of the statutes is amended to read:
6.22 (2) (b) Notwithstanding s. 6.87 (4) (b), a military elector shall make and subscribe to the certification under s. 6.87 (2) before a witness who is an adult U.S. citizen.
SB42,7
Section
7. 6.24 (4) (d) of the statutes is amended to read:
6.24 (4) (d) An overseas elector who is not registered may request both a registration form and an absentee ballot at the same time, and the municipal clerk shall send the ballot automatically if the registration form is received within the time prescribed in s. 6.28 (1). The board shall prescribe a special certificate form for the envelope in which the absentee ballot for overseas electors is contained, which shall be substantially similar to that provided under s. 6.87 (2). Notwithstanding s. 6.87 (4) (b), an overseas elector shall make and subscribe to the special certificate form before a witness who is an adult U.S. citizen.
SB42,8
Section
8. 6.29 (1) of the statutes is amended to read:
6.29 (1) No names may be added to a registration list for any election after the close of registration, except as authorized under this section or s. 6.28 (1), 6.55 (2), or 6.86 (3) (a) 2. Any person whose name is not on the registration list but who is otherwise a qualified elector is entitled to vote at the election upon compliance with this section, if the person complies with all other requirements for voting at the polling place.
SB42,8g
Section 8g. 6.29 (2) (a) of the statutes is amended to read:
6.29 (2) (a) Any qualified elector of a municipality who has not previously filed a registration form or whose name does not appear on the registration list of the municipality may register after the close of registration but not later than 5 p.m. or the close of business, whichever is later, on the day before an election at the office of the municipal clerk and at the office of the clerk's agent if the clerk delegates responsibility for electronic maintenance of the registration list to an agent under s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2), a registration form containing all information required under s. 6.33 (1). The elector shall also provide acceptable proof of residence under s. 6.55 (7). Alternatively, if the elector is unable to provide acceptable proof of residence under s. 6.55 (7), the information contained in the registration form shall be corroborated in a statement that is signed by any other elector of the municipality and that contains the current street address of the corroborating elector. The corroborating elector shall then provide acceptable proof of residence under s. 6.55 (7).
SB42,8r
Section 8r. 6.33 (2) (b) of the statutes is amended to read:
6.33 (2) (b) Except as provided in s. 6.86 (3) (a) 2., the registration form shall be signed by the registering elector and any corroborating elector under s. 6.29 (2) (a) or 6.55 (2) before the clerk, issuing officer or registration deputy. The form shall contain a certification by the registering elector that all statements are true and correct.
SB42,8s
Section 8s. 6.36 (1) (a) of the statutes is amended to read:
6.36 (1) (a) The board shall compile and maintain electronically an official registration list. The list shall contain the name and address of each registered elector in the state, the date of birth of the elector, the ward and aldermanic district of the elector, if any, and, for each elector, a unique registration identification number assigned by the board, the number of a valid operator's license issued to the elector under ch. 343, if any, or the last 4 digits of the elector's social security account number, if any, any identification serial number issued to the elector under s. 6.47 (3), the date of any election in which the elector votes, an indication of whether the elector is an overseas elector, as defined in s. 6.24 (1), any information relating to the elector that appears on the list transmitted to the board by the department of corrections under s. 301.03 (20), an indication of any accommodation required under s. 5.25 (4) (a) to permit voting by the elector, an indication of the method by which the elector's registration form was received, and such other information as may be determined by the board to facilitate administration of elector registration requirements.
SB42,8t
Section 8t. 6.36 (2) (a) of the statutes, as affected by 2003 Wisconsin Act 265, section 58b, is amended to read:
6.36 (2) (a) Except as provided in pars. (b) and (c), each registration list prepared for use as a poll list at a polling place shall contain the full name and address of each registered elector; a blank column for the entry of the serial number of the electors when they vote; if the list is prepared for use at an election for national office, an indication next to the name of each elector for whom identification is required under par. (c) 2.; any information relating to the elector that appears on the list transmitted to the board by the department of corrections under s. 301.03 (20) and, if the elector is ineligible to vote at the election by reason of a felony conviction, a notation to that effect; and a form of certificate bearing the certification of the executive director of the board stating that the list is a true and complete registration list of the municipality or the ward or wards for which the list is prepared.
SB42,9
Section
9. 6.55 (2) (b) of the statutes is amended to read:
6.55 (2) (b) Upon executing the registration form under par. (a), except as authorized under s. 6.79 (7), the elector shall be required by a special registration deputy or inspector to present a valid operator's license issued to the elector under ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed service, or a valid identification card issued to the elector under s. 343.50. If any document presented is not acceptable proof of residence under sub. (7), the elector shall also provide acceptable proof of residence under sub. (7). If the elector cannot provide acceptable proof of residence, the information contained in the registration form shall be corroborated in a statement that is signed by any elector who resides in the same municipality as the registering elector and that contains the current street address of the corroborating elector. The corroborator shall then provide acceptable proof of residence as provided in sub. (7). The signing by the elector executing the registration form and by any corroborator shall be in the presence of the special registration deputy or inspector. Upon compliance with this procedure, the elector shall be permitted to cast his or her vote, if the elector complies with all other requirements for voting at the polling place.
SB42,10
Section
10. 6.55 (2) (c) 1. of the statutes is amended to read:
6.55 (2) (c) 1. As an alternative to registration at the polling place under pars. (a) and (b), the board of election commissioners, or the governing body of any municipality may by resolution require a person who qualifies as an elector and who is not registered and desires to register on the day of an election to do so at another readily accessible location in the same building as the polling place serving the elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b), instead of at the polling place serving the elector's residence. In such case, the municipal clerk shall prominently post a notice of the registration location at the polling place. The municipal clerk, deputy clerk or special registration deputy at the registration location shall require such person to execute a registration form as prescribed under par. (a) and, except as authorized in s. 6.79 (7), to present a valid operator's license issued to the person under ch. 343, a valid, current identification card issued to the person by a U.S. uniformed service, or a valid identification card issued to the person under s. 343.50. If any document presented by the person is not acceptable proof of residence under sub. (7), the person shall also provide acceptable proof of residence as provided under sub. (7). If the elector cannot provide acceptable proof of residence, the information contained in the registration form shall be corroborated in the manner provided in par. (b). The signing by the elector person executing the registration form and by any corroborator, except as provided under par. (a) shall be in the presence of the municipal clerk, deputy clerk, or special registration deputy. Upon proper completion of registration, the municipal clerk, deputy clerk, or special registration deputy shall serially number the registration and give one copy to the elector person for presentation at the polling place serving the elector's person's residence or an alternate polling place assigned under s. 5.25 (5) (b).
SB42,11
Section
11. 6.55 (2) (c) 2. of the statutes is amended to read:
6.55 (2) (c) 2. Upon compliance with the procedures under subd. 1., the municipal clerk or deputy clerk shall issue a certificate addressed to the inspectors of the proper polling place 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 clerk shall enter the name and address of the elector on the face of the certificate. If the elector's registration is corroborated, the clerk shall also enter the name and address of the corroborator on the face of the certificate. The certificate shall be numbered serially and prepared in duplicate. The municipal clerk shall preserve one copy in his or her office.
SB42,11m
Section 11m. 6.55 (2) (cs) of the statutes is created to read:
6.55 (2) (cs) The board shall provide to each municipal clerk a list prepared for use at each polling place showing the name of each person whose name appears on the list provided by the department of corrections under s. 301.03 (20) whose address is located in the area served by that polling place and whose name does not appear on the poll list for that polling place. Prior to permitting an elector to register to vote under this subsection, the special registration deputies shall review the list. If the name of an elector who wishes to register to vote appears on the list, the special registration deputies shall inform the elector that he or she is ineligible to register. If the elector maintains that he or she is eligible to vote in the election, the special registration deputies shall permit the elector to register but shall mark the elector's registration form as “ineligible due to felony conviction." If the elector wishes to vote, the inspectors shall require the elector to vote by ballot and shall challenge the ballot as provided in s. 6.79 (2) (dm).
SB42,12m
Section 12m. 6.55 (3) of the statutes is renumbered 6.55 (3) (a) and amended to read:
6.55 (3) (a) Any qualified elector in the ward or election district where the elector desires to vote whose name does not appear on the registration list but who claims to be registered to vote in the election may request permission to vote at the polling place for that ward or election district. When the request is made, the inspector shall require the person elector to give his or her name and address. If the elector is not at the polling place which serves the ward or election district where the elector resides, the inspector shall provide the elector with directions to the correct polling place. If the elector is at the correct polling place, the elector shall then execute the following written statement: “I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 days immediately preceding this election, and that I am not disqualified on any ground from voting, and I have not voted at this election and am properly registered to vote in this election." The person Except as authorized in s. 6.79 (7), the elector shall be required to provide present a valid operator's license issued to the elector under ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed service, or a valid identification card issued to the elector under s. 343.50. If any document presented by the elector is not acceptable proof of residence, the elector shall also present acceptable proof of residence as provided under sub. (7) and shall then be given the right to vote. If the elector cannot provide acceptable proof of residence, the statement shall be certified by the elector and shall be corroborated in a statement that is signed by any other elector who resides in the municipality and that contains the current street address of the corroborating elector. The corroborator shall then provide acceptable proof of residence as provided in sub. (7). Whenever the question of identity or residence cannot be satisfactorily resolved and the elector cannot be permitted to vote, an inspector shall telephone the office of the municipal clerk to reconcile the records at the polling place with those at the office.
SB42,12n
Section 12n. 6.55 (3) (b) of the statutes is created to read:
6.55 (3) (b) Prior to permitting an elector to vote under this subsection, the inspectors shall review the list provided by the board under sub. (2) (cs). If the name of the elector appears on the list, the inspectors shall inform the elector that he or she is ineligible to vote at the election. If the elector maintains that he or she is eligible to vote in the election, the inspectors shall permit the elector to vote, but shall require the elector to vote by ballot, and shall challenge the ballot as provided in s. 6.79 (2) (dm).
SB42,13
Section
13. 6.56 (5) of the statutes is repealed.
SB42,14
Section
14. 6.79 (2) (a) and (d) of the statutes, as affected by 2003 Wisconsin Act 265, section 96, are amended to read:
6.79 (2) Voting procedure. (a) Unless information on the poll list is entered electronically, the municipal clerk shall supply the inspectors with 2 copies of the most current official registration list or lists prepared under s. 6.36 (2) (a) for use as poll lists at the polling place. Except as provided in sub. subs. (6) and (7) , each person elector, before receiving a serial number, shall state his or her full name and address and present to the officials a valid operator's license issued to the elector under ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed service, or a valid identification card issued to the elector under s. 343.50. The officials shall verify that the name and address provided
stated by the person elector are the same as the person's elector's name and address on the poll list.
(d) If the poll list indicates that identification is required and the document provided by the elector under par. (a) does not constitute identification, the officials shall require the elector to provide identification. If identification is provided, the officials shall verify that the name and address on the identification provided is the same as the name and address shown on the registration list. If identification is required and not provided, or if the elector does not present a license or identification card under par. (a), whenever required, the officials shall offer the opportunity for the elector to vote under s. 6.97.
SB42,14m
Section 14m. 6.79 (2) (dm) of the statutes is created to read:
6.79 (2) (dm) If the poll list indicates that the elector is ineligible to vote by reason of a felony conviction, the inspectors shall inform the elector of this fact. If the elector maintains that he or she is eligible to vote in the election, the inspectors shall provide the elector with a ballot and, after the elector casts his or her vote, shall challenge the ballot as provided in s. 6.92 and treat the ballot in the manner provided in s. 6.95.
SB42,15
Section
15. 6.79 (3) (title) of the statutes is amended to read:
6.79 (3) (title) Refusal to
give name and address provide name, address, license, or identification card.
SB42,16
Section
16. 6.79 (3) of the statutes is renumbered 6.79 (3) (a).
SB42,17
Section
17. 6.79 (3) (b) of the statutes is created to read:
6.79 (3) (b) If a license or identification card under sub. (2) is not provided by the elector or if the name or any photograph appearing on the document that is provided cannot be verified by the officials, the elector shall not be permitted to vote, except as authorized under sub. (6) or (7) and except that if the elector is entitled to cast a provisional ballot under s. 6.97, the officials shall offer the opportunity for the elector to vote under s. 6.97.
SB42,18
Section
18. 6.79 (4) of the statutes is amended to read:
6.79 (4) Supplemental information. When any elector provides acceptable proof of residence under s. 6.15, 6.29 or 6.55 (2) or (3), the election officials shall enter the type of identifying document provided on the poll list, or separate list maintained under sub. (2) (c). If the document submitted as proof of identity or residence includes a number which applies only to the individual holding that document, the election officials shall also enter that number on the list. When any elector corroborates the registration identity or residence of any person offering to vote under s. 6.55 (2) (b) or (c) or (3), or the registration identity or residence of any person registering on election day under s. 6.86 (3) (a) 2., the election officials shall also enter the name and address of the corroborator next to the name of the elector whose information is being corroborated on the poll list, or the separate list maintained under sub. (2) (c). When any person offering to vote has been challenged and taken the oath, following the person's name on the poll list, the officials shall enter the word “Sworn".
SB42,19
Section
19. 6.79 (6) of the statutes is amended to read:
6.79 (6) Confidential names and addresses. An elector who has a confidential listing under s. 6.47 (2) may present his or her identification card issued under s. 6.47 (3), or give his or her name and identification serial number issued under s. 6.47 (3), in lieu of stating his or her name and address and presenting a license or identification card under sub. (2). If the elector's name and identification serial number appear on the confidential portion of the list, the inspectors shall issue a voting serial number to the elector, record that number on the poll list and permit the elector to vote.
SB42,20
Section
20. 6.79 (7) of the statutes is created to read:
