2003 Wisconsin Act 265

(c) No individual may serve as a special registration deputy in a municipality unless the individual is 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.

265,38 Section 38. 6.27 of the statutes is repealed and recreated to read:

6.27 Elector registration required. Each elector shall register under this chapter before voting in any election, except as authorized under ss. 6.15, 6.18, and 6.22.

265,39 Section 39. 6.275 (1) (b) to (d) of the statutes are amended to read:

6.275 (1) (b) Where registration applies, the The total number of electors of the municipality residing in that county who were preregistered on the deadline specified in s. 6.28 (1), including valid mail registrations which are postmarked by that day.

(c) Where registration applies, the The total number of electors of the municipality residing in that county who registered after the close of registration and prior to the day of the primary or election under ss. 6.28 (1), 6.29, and 6.86 (3) (a) 2.

(d) Where registration applies, the The total number of electors of the municipality residing in that county who registered on the day of the primary or election under ss. 6.55 and 6.86 (3) (a) 2.

265,40 Section 40. 6.276 of the statutes is created to read:

6.276 Federal absentee voting statistics. (1) In this section, "military elector" and "overseas elector" have the meanings given in s. 6.36 (2) (c).

(2) Within 30 days after each general election, each municipal clerk shall transmit to the board a report of the number of absentee ballots transmitted by the clerk to absent military electors and overseas electors for that election and the combined number of those ballots that were cast by those electors in that election.

(3) Within 90 days after each general election, the board shall compile the information contained in the reports received from municipal clerks under sub. (2) and transmit the information to the federal Election Assistance Commission.

265,41 Section 41. 6.28 (2) (b) of the statutes is amended to read:

6.28 (2) (b) The municipal clerk of each municipality in which elector registration is required shall notify the school board of each school district in which the municipality is located that high schools shall be used for registration pursuant to par. (a). The school board and the municipal clerk shall agree upon the appointment of at least one qualified elector at each high school as a special school registration deputy. The municipal clerk shall appoint such person as a school registration deputy and explain the person's duties and responsibilities. Students and staff may register at the high school on any day that classes are regularly held. The school registration deputies shall promptly forward properly completed registration forms to the municipal clerk of the municipality in which the registering student or staff member resides. The municipal clerk, upon receiving such registration forms, shall add all those registering electors who have met the registration requirements to the registration list. The municipal clerk may reject any registration form and shall promptly notify the person whose registration is rejected of the rejection and the reason therefor. A person whose registration is rejected may reapply for registration if he or she is qualified. The form of each high school student who is qualified and will be eligible to vote at the next election shall be filed in such a way that when a student attains the age of 18 years the student is registered to vote automatically. Each school board shall assure that the principal of every high school communicates elector registration information to students.

265,42 Section 42. 6.28 (3) of the statutes is amended to read:

6.28 (3) At office of register of deeds. Any person who resides in a municipality requiring registration of electors 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. 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.

265,43 Section 43. 6.29 (2) (a) of the statutes is amended to read:

6.29 (2) (a) Any qualified elector of a municipality where registration is required who has not previously filed a registration form or whose name does not appear on the registration list of the municipality shall be entitled to vote at the election if he or she delivers to the municipal clerk 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 executed by the elector. The form shall contain a certification by the elector that all statements are true and correct. Alternatively, if the elector cannot obtain a registration form, the elector may deliver a statement, signed by the elector, containing all of the information required on the registration form containing all information required under s. 6.33 (1). The elector shall present also provide acceptable proof of residence as provided in under s. 6.55 (7). If no proof is presented Alternatively, if the elector is unable to provide acceptable proof of residence under s. 6.55 (7), the information contained in the registration form or the listing of required information shall be substantiated corroborated in a statement that is signed by one any other elector of the municipality, corroborating all the material statements therein 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). The signing of the form by the registering elector and statement by the corroborating elector shall be done in the presence of the municipal clerk or deputy clerk not later than 5 p.m. of the day before an election.

265,44 Section 44. 6.29 (2) (b) of the statutes is amended to read:

6.29 (2) (b) Upon Unless the municipal clerk determines that the registration list will be revised to incorporate the registration in time for the election, upon the filing of the registration form required by this section, the municipal clerk or clerk's agent under s. 6.33 (5) (b) shall issue a certificate containing the name and address of the elector addressed to the inspectors of the proper ward or election district directing that the elector be permitted to cast his or her vote, unless the clerk determines that the registration list will be revised to incorporate the registration in time for the election if the elector complies with all requirements for voting at the polling place. The certificate shall be numbered serially, prepared in duplicate and one copy preserved in the office of the municipal clerk.

265,45 Section 45. 6.30 (4) of the statutes is amended to read:

6.30 (4) By mail. Any eligible elector may register by mail on a form prescribed by the board and provided by each municipality. The form shall be designed to obtain the information required in ss. 6.33 (1) and to provide for changes authorized under s. 6.40 (1) (a) and (b). The form shall contain a certification by the elector that all statements are true and correct. The form shall be prepostpaid for return when mailed at any point within the United States. The form shall be available in the municipal clerk's office and may be distributed by any elector of the municipality. The clerk shall mail a registration form to any elector upon written or oral request.

265,46 Section 46. 6.32 (4) of the statutes is amended to read:

6.32 (4) If the form is sufficient to accomplish registration and the clerk has no reliable information to indicate that the proposed elector is not qualified, the clerk shall enter the elector's name on the registration list and transmit a 1st class letter or postcard to the registrant, specifying the elector's ward or aldermanic district, or both, if any, and polling place. If such the letter or postcard is returned, or if the clerk is informed of a different address than the one specified by the elector, the clerk shall strike the name change the status of the elector from on the list from eligible to ineligible. The letter or postcard shall specify "Address correction requested" or "Do not forward—", and if a postcard, "Return postage guaranteed" be marked in accordance with postal regulations to ensure that it will be returned to the clerk if the elector does not reside at the address given on the letter or postcard.

265,47 Section 47. 6.325 of the statutes is amended to read:

6.325 Disqualification of electors. No person may be disqualified as an elector unless the municipal clerk, board of election commissioners or a challenging elector under s. 6.48 demonstrates beyond a reasonable doubt that the person does not qualify as an elector or is not properly registered. If it appears that the challenged elector or proposed elector is registered in another location at a residence in this state other than the one where the elector now resides, the municipal clerk or board of election commissioners may shall, before permitting the elector to vote, require the challenged elector to sign an authorization to cancel transfer his or her registration under s. 6.40 (1) (b) (a) and shall notify the proper official municipal clerk or board of election commissioners at that location the former residence. The municipal clerk or board of election commissioners may require naturalized applicants to show their naturalization certificates.

265,48 Section 48. 6.33 (title) of the statutes is amended to read:

6.33 (title) Registration forms; manner of completing.

265,49a Section 49a. 6.33 (1) and (2) of the statutes are amended to read:

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 where the clerk may record an indication of whether the form is received by mail and 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.

(2) (a) The information may be recorded by any person, but the except that the indication of whether the registration is received by mail shall be recorded by the clerk. Each applicant shall sign his or her own name unless the applicant is unable to sign his or her name due to physical disability. In such case, the applicant may authorize another elector to sign the form on his or her behalf. If the applicant so authorizes, the elector signing the form shall attest to a statement that the application is made upon request and by authorization of a named elector who is unable to sign the form due to physical disability. Ward and aldermanic district information shall be filled in by the clerk.

(b) Except as provided under ss. 6.30 (4) and 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.

265,49b Section 49b. 6.33 (1) and (2) (a) of the statutes, as affected by 2003 Wisconsin Act .... (this act), are amended to read:

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,; date of birth; age, ; the number of a valid operator's license issued to the elector under ch. 343 or the last 4 digits of the elector's social security account number; 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. The forms shall also provide a space for the applicant's signature and the ward and aldermanic district, if any, where the elector resides and any other information required to determine the offices and referenda for which the elector is certified to vote. The forms shall also include a space where the clerk may record an indication of whether the form is received by mail and a space for the identification serial number of any elector who is issued such a number under s. 6.47 (3) where the clerk, for any applicant who possesses a valid voting identification card issued to the person under s. 6.47 (3), may record the identification serial number appearing on the voting identification card. 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 at the office of the register of deeds under s. 6.28 (3).

(2) (a) The All information may be recorded by any person, except that the ward and aldermanic district, if any, other geographic information under sub. (1), the indication of whether the registration is received by mail, and any information relating to an applicant's voting identification card shall be recorded by the clerk. Each applicant shall sign his or her own name unless the applicant is unable to sign his or her name due to physical disability. In such case, the applicant may authorize another elector to sign the form on his or her behalf. If the applicant so authorizes, the elector signing the form shall attest to a statement that the application is made upon request and by authorization of a named elector who is unable to sign the form due to physical disability. Ward and aldermanic district information shall be filled in by the clerk.

265,51 Section 51. 6.33 (3) of the statutes is repealed.

265,52 Section 52. 6.33 (4) of the statutes is amended to read:

6.33 (4) When an individual's registration is canceled changed from eligible to ineligible status, the municipal clerk or board of election commissioners shall enter the date and reason for cancellation change on the individual's registration form list.

265,53 Section 53. 6.33 (5) of the statutes is created to read:

6.33 (5) (a) Except as provided in par. (b), whenever a municipal clerk receives a valid registration or valid change of a name or address under an existing registration and whenever a municipal clerk changes a registration from eligible to ineligible status, the municipal clerk shall promptly enter electronically on the list maintained by the board under s. 6.36 (1) the information required under that subsection, except that the municipal clerk may update any entries that change on the date of an election in the municipality within 30 days after that date, and the municipal clerk shall provide to the board information that is confidential under s. 6.47 (2) in such manner as the board prescribes.

(b) The municipal clerk of any municipality may, by mutual consent, designate any other municipal clerk or any county clerk as the clerk's agent to carry out the functions of the municipal clerk under this section for that municipality. The municipal clerk shall notify the county clerk of each county in which the municipality is located and the board of any such designation in writing. The municipal clerk may, by similar notice to the clerk's agent at least 14 days prior to the effective date of any change, discontinue the designation. If the municipal clerk designates another municipal clerk or a county clerk as his or her agent, the municipal clerk shall immediately forward all registration changes filed with the clerk and voting record information obtained by the clerk to the clerk's agent for electronic entry on the registration list.

265,54 Section 54. 6.35 (2) of the statutes is repealed.

265,55 Section 55. 6.35 (3) of the statutes is amended to read:

6.35 (3) In municipalities employing data processing for keeping of registration records, original Original registration records shall be maintained in the office of the municipal clerk or board of election commissioners at all times.

265,56 Section 56. 6.35 (5) and (6) of the statutes are repealed.

265,57 Section 57. 6.36 (1) of the statutes is repealed and recreated 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), 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.

(b) 1. The list shall be open to public inspection under s. 19.35 (1) and shall be electronically accessible by any person, except that:

a. No person other than an employee of the board, a municipal clerk, a deputy clerk, an executive director of a city board of election commissioners, or a deputy designated by the executive director may view the date of birth, registration identification number, operator's license number, or social security account number of an elector, the address of an elector to whom an identification serial number is issued under s. 6.47 (3), or any indication of an accommodation required under s. 5.25 (4) (a) to permit voting by an elector.

b. No person other than an employee of the board, a municipal clerk, or an election official who is authorized by a municipal clerk may make a change in the list.

2. The list shall be electronically accessible by name and shall also be accessible in alphabetical order of the electors' names for the entire state and for each county, municipality, ward, and combination of wards authorized under s. 5.15 (6) (b).

(c) The list shall be designed in such a way that the municipal clerk or board of election commissioners of any municipality and any election official who is authorized by the clerk or executive director of the board of election commissioners may, by electronic transmission, add entries to or change entries on the list for any elector who resides in, or who the list identifies as residing in, that municipality and no other municipality.

(d) Upon receipt of official notification by the appropriate election administrative authority of another state, territory, or possession that an elector whose name appears on the list has registered to vote in that state, territory, or possession, the board or the municipal clerk of the municipality where the elector formerly resided shall change the elector's registration from eligible to ineligible status.

(e) If the board adds the name of any elector to the list, the board shall promptly notify the municipal clerk of the municipality where the elector resides. If the board changes the registration of any elector from eligible to ineligible status, the board shall promptly notify the municipal clerk of the municipality where the elector resides or, if the elector has changed his or her residence from one municipality to another municipality in this state, shall promptly notify the municipal clerk of the municipality where the elector resided prior to the change. Notification shall be made in writing or by electronic transmission. If the board changes the registration of any elector from eligible to ineligible status, the board shall make an entry on the list giving the date of and the reason for the change.

(f) The board shall make all reasonable efforts to ensure that the list is maintained in a manner that precludes unauthorized persons from making alterations to the list.

265,58a Section 58a. 6.36 (2) (a) of the statutes is amended to read:

6.36 (2) (a) Except as provided in par. pars. (b), the and (c), each registration lists 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.; and a form of a certificate stating that each the list is a true and complete combined check and registration list of the respective municipality or the ward or wards for which the list is prepared.

265,58b Section 58b. 6.36 (2) (a) of the statutes, as affected by 2003 Wisconsin Act .... (this act), 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.; 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.

265,59 Section 59. 6.36 (2) (c) 1. of the statutes is created to read:

6.36 (2) (c) 1. In this paragraph:

a. "Military elector" means a member of a uniformed service on active duty who, by reason of that duty, is absent from the residence where the member is otherwise qualified to vote; a member of the merchant marine, as defined in s. 6.22 (1) (a), who by reason of service in the merchant marine, is absent from the residence where the member is otherwise qualified to vote; or the spouse or dependent of any such member who, by reason of the duty or service of the member, is absent from the residence where the spouse or dependent is otherwise qualified to vote.

b. "Overseas elector" means an elector who resides outside the United States and who is qualified under federal law to vote in elections for national office in this state because the elector was last domiciled in this state immediately prior to the elector's departure from the United States.

265,59a Section 59a. 6.36 (2) (c) 2. of the statutes is created to read:

6.36 (2) (c) 2. If the registration list is prepared for use at an election for national office, the list shall contain, next to the name of each elector, an indication of whether identification is required for the elector to be permitted to vote. Identification is required if the elector is not a military elector or an overseas elector and the elector registers by mail and has not previously voted in an election for national office in the municipality where the elector is voting.

265,59b Section 59b. 6.36 (2) (c) 2. of the statutes, as created by 2003 Wisconsin Act .... (this act), is amended to read:

6.36 (2) (c) 2. If the registration list is prepared for use an at election for national office, the list shall contain, next to the name of each elector, an indication of whether identification is required for the elector to be permitted to vote. Identification is required if the elector is not a military elector or an overseas elector and the elector registers by mail and has not previously voted in an election for national office in the municipality where the elector is voting this state.

265,60 Section 60. 6.36 (3) of the statutes is amended to read:

6.36 (3) Municipalities shall prepare at least 2 copies of the registration list for each ward and bind them in book form. The original registration forms constitute the official registration list and shall be controlling whenever discrepancies occur in entering information from the forms under s. 6.33 (5).

265,61 Section 61. 6.40 (1) (a) (title) of the statutes is repealed and recreated to read:

6.40 (1) (a) (title) Change of residence.

265,62 Section 62. 6.40 (1) (a) of the statutes is renumbered 6.40 (1) (a) 1. and amended to read:

6.40 (1) (a) 1. Any registered elector shall transfer registration after a change of residence within the municipality in which he or she is registered state by appearing filing in person with the municipal clerk or by mailing to the municipal clerk a signed request stating his or her present address, affirming that this will be the elector's his or her residence for 10 days prior to the election and providing the address where he or she was last registered. Alternatively, the elector may transfer his or her registration at the proper polling place or other registration location under s. 6.02 (2) in accordance with s. 6.55 (2) (a). If an elector is voting at a former in the ward or election district where the elector formerly resided, the change shall be effective for the next election.

265,63 Section 63. 6.40 (1) (a) 2. and 3. of the statutes are created to read:

6.40 (1) (a) 2. If a municipal clerk receives a request from an elector to transfer his or her registration to another municipality in this state, the clerk shall change the elector's registration and shall notify the municipal clerk of the municipality to which the elector is changing his or her residence.

3. If a municipal clerk receives a request from an elector who is registered in another municipality to transfer his or her registration to the municipality served by the clerk, the clerk shall change the elector's registration and shall notify the municipal clerk of the municipality where the elector formerly resided of the elector's change of residence.

265,64 Section 64. 6.40 (1) (b) of the statutes is repealed.

265,65 Section 65. 6.40 (2) (b) of the statutes is amended to read:

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 identification 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 verification that eligible electors continue to reside at the addresses shown on the registration list 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 whose names do not appear on the list. 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.

265,66 Section 66. 6.47 (2) of the statutes is amended to read:

6.47 (2) Except as authorized in sub. (8), the board, each municipal clerk, each agent designated under s. 6.33 (5) (b), and each election official 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 provides the municipal clerk with 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.

265,67 Section 67. 6.47 (3) of the statutes is amended to read:

6.47 (3) Upon listing of receiving a valid written request from 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 name of the elector's municipality issuing the card of residence and, in the case of a town, the county in which the town is located, the elector's name, the ward in which the elector resides, if any, 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).

265,68 Section 68. 6.47 (6) of the statutes is amended to read:

6.47 (6) Upon expiration of a confidential listing on a registration list under sub. (2), the municipal clerk shall cancel change the registration of the protected individual to ineligible status 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 changed under this subsection if the individual qualified for a confidential listing at the time of that listing.

265,69 Section 69. 6.48 (1) (d) of the statutes is amended to read:

6.48 (1) (d) If the clerk determines that the challenged elector is not qualified, the clerk shall cancel change the challenged elector's registration, make the necessary change in from eligible to ineligible status on the registration list and notify the inspectors for the ward or election district where the elector was registered.

265,70 Section 70. 6.48 (2) (b) of the statutes is amended to read:

6.48 (2) (b) Upon appearing in person, objectors shall be examined, under oath, by the commissioners and testimony taken. Judgment rests with the board of election commissioners and decisions shall be rendered as soon as heard. All cases are heard and decided summarily. The commissioners shall determine whether the person objected to is qualified. If they determine that a person is not qualified, the name executive director of the board of election commissioners shall be stricken from change the elector from eligible to ineligible status on the registration list and shall notify the proper ward officials notified of the change immediately.

265,71 Section 71. 6.50 (1) of the statutes is amended to read: