AB343: Bill Text

LRB-1606/2

JTK:wlj:lp

1999 - 2000 LEGISLATURE

1999 Assembly BILL 343

May 17, 1999 - Introduced by Representatives Kreibich, Petrowski, Suder, Seratti, Sykora, Owens, Klusman, Stone, Huebsch, Spillner, Ryba, Musser, Brandemuehl, F. Lasee, Pettis, Kelso, Kestell, Hahn, Skindrud, Wasserman, Cullen, Boyle, Montgomery, Huber and Lassa, cosponsored by Senators Plache, Huelsman, Roessler, Darling and Clausing. Referred to Committee on Campaigns and Elections.

AB343,1,7 An Act to amend 6.28 (1), 6.33 (1), 6.35 (1) (intro.), 6.40 (2) (b), 6.45, 6.46, 6.55 (2) (a), 6.79 (1) to (3), 6.79 (5), 6.87 (2), 6.88 (3) (a), 7.08 (1) (c), 7.39 (5), 7.51 (1), 9.01 (1) (b) 11., 12.60 (1) (a), 12.60 (1) (a), 12.60 (1) (b) and 60.11 (7); and to create 6.35 (1m), 6.36 (4), 6.47, 6.55 (2) (cm), 6.79 (6), 6.87 (6m), 9.01 (1) (b) 12., 12.13 (2) (b) 8. and 12.13 (3) (zm) and (zn) of the statutes; relating to: authorization for electors who are victims of domestic abuse to be listed confidentially on poll and registration lists and providing penalties.

Analysis by the Legislative Reference Bureau

Currently, the names and addresses of all electors who vote, and in municipalities where registration is required, the names of electors who register to vote, are publicly accessible. Electors must orally disclose their names and addresses at polling places, which are recorded on poll and registration lists. Polling place observers may inspect the lists of names and addresses of registered and actual voters.

This bill permits certain electors to vote or register to vote confidentially. To be eligible for a confidential listing, an elector must have been granted a protective order by a court that is currently in effect restraining another person from having or causing contact with the elector for reasons relating to domestic abuse; the elector must reside in an organized shelter for persons whose personal security is or may be threatened by other persons with whom the residents have had contact; or the elector must present the affidavit of a sheriff or chief of a police department verifying that a person has been charged with or convicted of an offense relating to domestic abuse in which the elector was a victim and reasonably continues to be threatened by that person. Under the bill, an "offense relating to domestic abuse" includes sexual assault, battery, stalking, harassment or sexual exploitation. A confidential listing expires when a protective order expires, when an individual ceases to be a resident of a shelter, when the sheriff or chief of a police department who signed an affidavit notifies a municipal clerk that a judgment in a domestic abuse case has been vacated or that a domestic abuse charge has been dropped, or upon expiration of the two-year period following creation of the listing, whichever first occurs. A listing may be renewed in the same manner as provided for creation of an original listing.

Under the bill, a municipal clerk must still provide access to a confidential name and address to a law enforcement officer for official purposes; to a state or local governmental officer pursuant to a specific law that necessitates obtaining the name or address; pursuant to a court order citing a reason that access to a name or address should be provided; to a clerk of circuit court for purposes of jury selection; or at the request of the protected elector for the purpose of permitting the elector to qualify as a signer on certain petitions.

The bill directs municipal clerks to issue to each elector who is entitled to a confidential listing an identification card containing a unique number issued by the elections board, which may be presented to election inspectors (poll workers) in lieu of providing a name and address. Alternatively, the bill permits an elector where registration is required to give his or her name and identification card number in lieu of an address.

Currently, voters may register at polling places, high schools and various other locations. Under this bill, an elector who wishes to obtain a confidential listing must register at the office of the clerk of the municipality where the elector resides.

The bill provides that polling place observers may not view the name or address of any elector who is entitled to be listed on a poll or registration list confidentially. However, the inspectors must disclose to any observer, upon request, the existence of any confidential list of electors, the number of electors whose names appear on the list and the number of electors who have voted at any point in the proceedings.

The bill prohibits election officials and other persons who are provided confidential information relating to the names and addresses of electors from disclosing that information to other persons who are not authorized to obtain that information. The bill also prohibits an individual from providing false information to a municipal clerk for the purpose of obtaining a confidential listing on a poll or registration list. 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.

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:

AB343, s. 1 Section 1. 6.28 (1) of the statutes is amended to read:

AB343,3,18 6.28 (1) Registration locations; deadline. 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. 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 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 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.

AB343, s. 2 Section 2. 6.33 (1) of the statutes is amended to read:

AB343,4,9 6.33 (1) The municipal clerk shall supply sufficient registration forms as prescribed by the board printed on loose-leaf sheets or cards to obtain from each applicant information as to name, date, residence location, citizenship, age, whether the applicant has resided within the ward or election district for at least 10 days, whether the applicant has lost his or her right to vote, and whether the applicant is currently registered to vote at any other location, and shall provide a space for the applicant's signature. The forms shall also include a space for the identification serial number of any elector who is issued such a number under s. 6.47 (3). Each register of deeds shall obtain sufficient registration forms at the expense of the unit of government by which he or she is employed for completion by any elector who desires to register to vote.

AB343, s. 3 Section 3. 6.35 (1) (intro.) of the statutes is amended to read:

AB343,4,13 6.35 (1) (intro.) Under the direction of the municipal clerk or board of election commissioners, the original registration forms shall be filed in one of the following ways, except as provided in sub. (1m):

AB343, s. 4 Section 4. 6.35 (1m) of the statutes is created to read:

AB343,4,17 6.35 (1m) Original registration forms of electors who have obtained a confidential listing under s. 6.47 (2) shall be filed in alphabetical order after the forms of the other electors.

AB343, s. 5 Section 5. 6.36 (4) of the statutes is created to read:

AB343,4,21 6.36 (4) The names and addresses of electors who have obtained a confidential listing under s. 6.47 (2) shall appear separately after the remainder of the list. These names and addresses shall be arranged alphabetically by last name.

AB343, s. 6 Section 6. 6.40 (2) (b) of the statutes is amended to read:

AB343,5,10 6.40 (2) (b) In addition to the revision which is required under s. 6.50, municipal clerks may conduct door-to-door and mail registration canvasses at any time. The door-to-door canvass shall consist of both the deletion from the registration list of the names of electors who no longer reside at the address for which they are registered and the addition to the registration list of the names of electors who reside at that address. The mail canvass shall consist of the municipal clerk examining the registration records and canceling the registration of electors after the mailing of notices in accordance with s. 6.50 (1) and (2) or (2m). The mail canvass may also consist of adding to the registration list the names of eligible electors. Both door-to-door and mail canvasses whenever made shall be made throughout the municipality in a uniform manner. 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.

AB343, s. 7 Section 7. 6.45 of the statutes is amended to read:

AB343,5,13 6.45 Access to registration list. (1) After the deadline for revision of the registration list, the municipal clerk shall make copies of the list for election use.

AB343,5,20 (1m) The registration list and any supplemental lists which are prepared at polling places or other registration locations under s. 6.55, shall be open to public inspection. Under the regulations prescribed by the municipal clerk, any person may copy the registration list at the office of the clerk. A registration list maintained at a polling place may be examined by an observer when such use does not interfere with the conduct of the election. This subsection does not apply to information that is confidential under s. 6.47.

AB343,6,2 (2) The municipal clerk shall furnish upon request to each candidate who has filed nomination papers for an office which represents at least part of the residents of the municipality one copy of the current registration list for those areas for which he or she is a candidate for a fee not to exceed the cost of reproduction. The clerk shall exclude information that is confidential under s. 6.47 (2) from copies of the list, except as authorized under s. 6.47 (8).

AB343, s. 8 Section 8. 6.46 of the statutes is amended to read:

AB343,6,5 6.46 Poll lists; copying. (1) Poll lists shall be preserved by the municipal clerk until destruction or other disposition is authorized under s. 7.23, and.

AB343,6,13 (2) Poll lists shall be open to public inspection, except as provided in s. 6.47. The municipal clerk shall furnish upon request to each candidate who has filed nomination papers for an office which represents at least part of the municipality one copy of the current poll list for those areas for which he or she is a candidate for a fee not to exceed the cost of reproduction. If a copying machine is not accessible, the clerk shall remove the lists from the office for the purposes of copying, and return them immediately thereafter. The clerk shall exclude information that is confidential under s. 6.47 (2) from copies of the list, except as authorized under s. 6.47 (8).

AB343, s. 9 Section 9. 6.47 of the statutes is created to read:

AB343,6,16 6.47 Confidentiality of information relating to victims of domestic abuse. (1) In this section:

AB343,6,17 (a) "Eligible individual" means:

AB343,6,18 1. An individual who has been granted a protective order that is in effect.

AB343,6,24 2. An individual who files an affidavit with the municipal clerk of the municipality where the individual resides, on a form prescribed by the board, which is signed by a sheriff or the chief of a police department and directed to the municipal clerk, and which verifies that a person has been charged with or convicted of an offense relating to domestic abuse in which the individual was a victim and reasonably continues to be threatened by that person.

AB343,6,25 3. An individual who resides in a shelter.

AB343,7,3 (b) "Offense relating to domestic abuse" means an offense specified in s. 940.19, 940.20 (1m), 940.201, 940.22, 940.225, 940.32, 947.013, 948.02, 948.025, 948.06, 948.09 or 948.095.

AB343,7,5 (c) "Protected individual" means an individual whose name and address is confidential under sub. (2).

AB343,7,7 (d) "Protective order" means a temporary restraining order or an injunction issued under s. 813.12.

AB343,7,11 (e) "Shelter" means a place where at least 4 unrelated individuals reside that provides residential shelter to individuals whose personal security is or may be threatened by family members or other persons with whom the individuals have had contact.

AB343,7,24 (2) Except as authorized in sub. (8), the municipal clerk shall withhold from public inspection under s. 19.35 (1) the name and address of any eligible individual whose name appears on a poll list or registration list if the individual files a valid written request with the clerk to protect the individual's confidentiality. To be valid, a request under this subsection must be accompanied by a copy of a protective order that is in effect, an affidavit under sub. (1) (a) 2. that is dated within 30 days of the date of the request or a statement signed by the operator or an authorized agent of the operator of a shelter that is dated within 30 days of the date of the request and that indicates that the operator operates the shelter and that the individual making the request resides in the shelter. A physically disabled individual who appears personally at the office of the municipal clerk accompanied by another elector of this state may designate that elector to make a request under this subsection on his or her behalf.

AB343,8,5 (3) Upon listing of an elector under sub. (2), the municipal clerk shall issue to the elector a voting identification card on a form prescribed by the board that shall contain the elector's name and address and a unique identification serial number issued by the board. The number issued to an elector under this subsection shall not be changed for so long as the elector continues to qualify for a listing under sub. (2).

AB343,8,9 (4) Except as provided in sub. (5), a confidential listing under sub. (2) expires on the date that a protective order expires, the date that the protected individual ceases to reside in a shelter or at the end of the 24-month period that follows creation or renewal of the listing under sub. (2), whichever is earlier.

AB343,8,10 (5) (a) The municipal clerk shall cancel a confidential listing under sub. (2) if:

AB343,8,11 1. The clerk receives notification from a sheriff or chief of police under sub. (8).

AB343,8,12 2. The name of the protected individual is legally changed.

AB343,8,14 3. The protected individual changes his or her address without notifying the municipal clerk.

AB343,8,17 4. The municipal clerk finds that the protected individual provided false information to the clerk for the purpose of obtaining a confidential listing under sub. (2).

AB343,8,19 (b) An individual whose confidential listing is canceled under par. (a) may file a new request and qualify under sub. (2) to obtain a renewal of the listing.

AB343,9,2 (6) Upon expiration of a confidential listing on a registration list under sub. (2), the municipal clerk shall cancel the registration of the protected individual unless the individual files a new request and qualifies under sub. (2) to obtain a renewal of the listing or unless the individual applies for and qualifies to obtain a nonconfidential voter registration. Except as authorized in sub. (8), the municipal clerk shall withhold from public inspection under s. 19.35 (1) the name and address of any individual whose registration is canceled under this subsection if the individual qualified for a confidential listing at the time of that listing.

AB343,9,5 (7) (a) If the municipal clerk has notice that a confidential listing under sub. (2) is scheduled to expire, the municipal clerk shall provide 30 days' notice to the protected individual of the scheduled expiration of the listing.

AB343,9,8 (b) If notice to a protected individual is not provided under par. (a), the municipal clerk shall provide notice to the subject individual upon canceling a confidential listing under sub. (2).

AB343,9,10 (8) The municipal clerk shall provide access to a name and address under sub. (2):

AB343,9,11 (a) To a law enforcement officer for official purposes.

AB343,9,13 (b) To a state or local governmental officer pursuant to a specific law that necessitates obtaining the name or address.

AB343,9,15 (c) Pursuant to a court order citing a reason that access to the name or address should be provided.

AB343,9,16 (d) To a clerk of circuit court for purposes of s. 756.04 (5) (a).

AB343,9,19 (e) At the request of a protected individual, for purposes of permitting that individual to sign a petition under s. 59.05 (2) or a protest petition, consent or counter petition under s. 125.05.

AB343,9,22 (9) No person who obtains access to a name or address under sub. (8) may disclose the name or address to any person other than a public employe for the same purpose for which the information was obtained.

AB343,9,25 (10) If a sheriff or chief of a police department who signs an affidavit under sub. (1) (a) 2. obtains information that the person who was charged with an offense relating to domestic abuse is no longer so charged or that the person's judgment of conviction has been vacated, and the charge or conviction was the sole basis for the affidavit, the sheriff or chief shall provide written notice of that information to the municipal clerk to whom the affidavit was directed.

AB343, s. 10 Section 10. 6.55 (2) (a) of the statutes is amended to read:

AB343,10,12 6.55 (2) (a) Except where the procedure under par. (c) or (cm) is employed, any person who qualifies as an elector in the ward or election district where he or she desires to vote, but has not previously filed a registration form, or was registered at another location in a municipality where registration is required, may request permission to vote at the polling place for that ward or election district, or at an alternate polling place assigned under s. 5.25 (5) (b). When a proper request is made, the inspector shall require the person to execute a registration form prescribed by the board which shall contain the following certification:

AB343,10,17 "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." If a change of address is made from outside the municipality, the elector shall file a cancellation under s. 6.40 (1) (b) 6.

AB343, s. 11 Section 11. 6.55 (2) (cm) of the statutes is created to read:

AB343,11,2 6.55 (2) (cm) If an elector who is not registered wishes to obtain a confidential listing under s. 6.47 (2), the elector shall register at the office of the municipal clerk of the municipality where the elector resides. Upon completion of registration, the municipal clerk or a deputy clerk shall serially number the registration form and issue a voting identification card to the elector under s. 6.47 (3). The clerk shall provide one copy of the registration form to the elector. The elector may vote at the polling place serving his or her residence by presenting the identification card and the copy of the registration form to the inspectors.

AB343, s. 12 Section 12. 6.79 (1) to (3) of the statutes are amended to read:

AB343,11,21 6.79 (1) Municipalities without registration. Where Except as provided in sub. (6) (a), where there is no registration, before being permitted to vote, each person shall state his or her full name and address. The officials shall record each name and address on a poll list in the same order as the votes are cast. If the residence of the elector does not have a number, the election officials shall, in the appropriate space, write "none". Alternatively, the municipal clerk may maintain a poll list consisting of the full name and address of electors compiled from previous elections. Whenever an elector appears to vote, the officials shall verify the correctness of the elector's name and address, and shall enter a serial number next to the name of the elector in the order that the votes are cast, beginning with the number one. If the name and address of an elector do not appear on the prepared poll list, the officials shall record the name, address and serial number of the elector at the bottom of the list. The officials may require any elector to provide identification, including acceptable proof of residence, or to have another elector corroborate his or her information in accordance with the procedure specified in s. 6.55 (2) (b) before permitting the elector to vote. An elector who presents an identification card under sub. (6) (a) is not required to provide separate identification. The officials shall maintain a separate list of those persons voting under ss. 6.15 and 6.24.

AB343,12,5 (2) Municipalities with registration. Where Except as provided in sub. (6) (b), where there is registration, each person, before receiving a voting number, shall state his or her full name and address. Upon the prepared registration list, after the name of each elector, the officials shall enter the serial number of the vote as it is polled, beginning with number one. Each elector shall receive a slip bearing the same serial number. A separate list shall be maintained for electors who are voting under s. 6.15, 6.29 or 6.55 (2) or (3) and electors who are reassigned from another polling place under s. 5.25 (5) (b). Each such elector shall have his or her full name, address and serial number likewise recorded and shall be given a slip bearing such number.

AB343,12,8 (3) Refusal to give name and address. If Except as provided in sub. (6), if any elector offering to vote at any polling place refuses to give his or her name and address, the elector may not be permitted to vote.

AB343, s. 13 Section 13. 6.79 (5) of the statutes is amended to read:

AB343,12,14 6.79 (5) Poll list forms. Poll lists shall be kept on forms designed by the board to be substantially similar to the standard registration list forms used in municipalities where registration is required and shall require, for each person offering to vote, the entry of the person's full name and address, except as otherwise required under sub. (6) (a).

AB343, s. 14 Section 14. 6.79 (6) of the statutes is created to read: