2005 WISCONSIN ACT 451
An Act to repeal 5.02 (6m), 6.28 (3), 6.55 (7), 6.56 (2), 6.87 (3) (c) and 12.13 (4); to renumber 6.36 (2) (c) 1. a. and b.; to renumber and amend 5.90, 6.22 (4), 6.36 (2) (c) 1. (intro.), 6.36 (2) (c) 2., 6.55 (3) and 7.30 (1); to amend 5.35 (6) (a) 4a., 6.15 (2) (d) 1r., 6.15 (3), 6.15 (4) (a) to (d), 6.15 (6), 6.21, 6.22 (1) (intro.), 6.22 (2) (b), 6.22 (5), 6.22 (6), 6.24 (4) (d), 6.24 (6), 6.26 (2) (c), 6.26 (3), 6.275 (1) (c), 6.276 (1), 6.28 (1), 6.29 (1), 6.29 (2) (a), 6.29 (2) (b), 6.32 (title), (1) and (4), 6.33 (1), 6.33 (2) (a), 6.36 (1) (a), 6.36 (2) (a), 6.50 (3), 6.55 (2) (a) 1. (form), 6.55 (2) (b), 6.55 (2) (c) 1., 6.56 (1), 6.56 (3), 6.56 (4), 6.56 (5), 6.79 (2) (d), 6.79 (4), 6.82 (1) (a), 6.86 (1) (a) (intro.), 6.86 (1) (a) 2., 6.86 (1) (b), 6.86 (3) (a) 2., 6.86 (3) (c), 6.865 (1), 6.865 (3), 6.87 (2) (form), 6.87 (3) (a) and (b), 6.87 (3) (d), 6.87 (4), 6.87 (6), 6.87 (9), 6.875 (3), 6.875 (4) and (6), 6.88 (1) to (3), 6.93, 6.935, 6.97 (1), 6.97 (2), 7.03 (1) (a), 7.08 (1) (c), 7.08 (8) (title), 7.10 (9), 7.15 (1) (e), 7.15 (1) (j), 7.15 (11), 7.23 (1) (a), 7.30 (2) (a), 7.30 (2) (am), 7.30 (2) (b), 7.30 (2) (c), 7.30 (4) (a), 7.30 (4) (b) (intro.), 7.30 (4) (b) 1., 7.30 (4) (b) 2., 7.30 (4) (c), 7.30 (6) (a), 7.30 (6) (b), 7.30 (6) (c), 7.31 (1), 7.31 (4), 7.32, 7.33 (3), 7.33 (4), 7.33 (6), 7.37 (2), 7.41, 7.51 (1), 7.51 (2) (c), 7.51 (2) (e), 7.51 (3) (d), 7.51 (4) (a), 7.51 (5) (a), 7.51 (5) (b), 7.53 (1), 7.53 (2) (a), 7.53 (2) (d), 7.60 (2), 7.60 (5) (a), 7.70 (3) (a), 8.10 (3) (intro.), 8.15 (4) (a), 8.20 (3), 8.37, 8.40 (2), 9.01 (1) (a), 9.01 (1) (ag) 1., 1m. and 2., 9.01 (1) (b) (intro.), 9.01 (10), 9.10 (1) (b), 9.10 (1) (c) 2., 9.10 (2) (d), 9.10 (2) (em) 2., 10.01 (2) (e), 10.02 (3) (a), 11.25 (2) (b), 12.03 (title) and (1), 12.04 (2), 12.07 (2), 12.60 (1) (b), 12.60 (1) (c), 12.60 (1) (d), 17.29, 302.117, 880.33 (9), 973.09 (4m) and 973.176 (2); to repeal and recreate 12.03 (2) and 12.09; and to create 5.02 (16g), 5.35 (6) (c), 5.68 (3m), 5.90 (2) and (3), 6.22 (4) (c), 6.22 (4) (f) to (h), 6.221, 6.26 (2) (cm), 6.26 (4), 6.28 (4), 6.29 (2) (am), 6.34, 6.36 (5), 6.36 (6), 6.55 (2) (cs), 6.55 (3) (b), 6.56 (3m), 6.56 (7), 6.79 (2) (dm), 6.855, 6.86 (1) (a) 6., 6.86 (1) (ac), 6.86 (1) (c), 6.86 (2m), 6.865 (3m), 6.875 (7), 6.88 (3) (c), 7.08 (9), 7.10 (1) (d), 7.15 (1) (L), 7.15 (1m), 7.15 (2m), 7.23 (1) (am), 7.30 (1) (b), 7.30 (6) (am), 7.315, 7.37 (13), 7.41 (5), 7.51 (5) (a) 5., 7.52, 7.53 (2) (a) 3., 7.53 (2m), 9.01 (1) (am), 9.01 (1) (b) 8s., 11.65, 12.035, 12.13 (3) (ze), 301.03 (3a), 301.03 (20) and 343.11 (2m) of the statutes; relating to: administration of elections; authorization for registrants under the campaign finance law to make donations to charitable organizations or the common school fund from campaign treasuries; providing exemptions from and extending the time limit for emergency rule procedures; granting rule-making authority; and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint Legislative Council's Special Committee on Election Law Review. The bill makes numerous modifications to the election laws, as described below.
VOTER REGISTRATION
Forms of Identification Required to Register to Vote
Beginning in the spring of 2006, all voters, with limited exceptions, will need to be registered before they are allowed to vote. Under current law, an elector may register in person or by mail. Generally, registration must be completed by a certain time before election day. However, a person may register in person on election day at the polls, or after the official close of registration in person in the office of the municipal clerk up until 5 p.m. or the close of business, whichever is later, on the day before the election.
A person who registers to vote at the polls on election day or in person in the municipal clerk's office after the official close of registration must show proof of residence. A document constitutes acceptable proof of residence if it includes the person's current and complete name and a current and complete residential address. The statutes provide a list of examples of documents that constitute acceptable proof of residence if they contain the person's name and address. The statutory list, which is not exhaustive, is set forth below:
1. An operator's license issued under ch. 343, stats. (i.e., a Wisconsin driver's license).
2. An identification card issued under s. 343.50, stats. (i.e., a Wisconsin identification card).
3. Any other official identification card or license issued by a Wisconsin governmental body or unit or by an employer in the normal course of business, but not including a business card.
4. A credit card or plate.
5. A library card.
6. A check-cashing or courtesy card issued by a merchant in the normal course of business.
7. A real estate tax bill or receipt for the current year or the year preceding the date of the election.
8. A residential lease which is effective for a period that includes election day.
9. A university, college, or technical institute fee card.
10. A university, college, or technical institute identification card.
11. An airplane pilot's license.
12. A gas, electric, or telephone service statement for the period commencing not earlier than 90 days before election day.
A person who is required to provide proof of residence under current law but who is unable to provide such proof may have his or her registration information corroborated by another elector who resides in the same municipality. The corroborating elector must then provide proof of his or her residence. In general, under current law, other persons who register to vote need not provide proof of residence.
Under current law, pursuant to requirements of the Federal Help America Vote Act of 2002 (HAVA), a person who registers to vote by mail and who has never voted in a federal election in his or her municipality (until December 31, 2005) or in the state (effective January 1, 2006) must present certain identification before being allowed to cast a ballot. A person who fails to do so may cast a provisional ballot and provide the identification later. The identification required under current law is: (1) a current and valid piece of identification containing a photograph of the person or, for an absentee voter, a copy of a current and valid piece of identification containing a photograph of the person; or (2) a copy of a utility bill, bank statement, paycheck, or a check or other document issued by a unit of government that shows the current name and address of the person.
The bill establishes one uniform list of documents, any one of which may be used as proof of residence for registration or voting purposes, so long as the document contains the full name and residential address of the individual. The list created by the bill is as follows:
1. A current and valid Wisconsin driver's license.
2. A current and valid Wisconsin identification card.
3. Any other official identification card or license issued by a Wisconsin governmental body or unit.
4. An identification card issued by an employer in the normal course of business and bearing a photograph of the card holder, but not including a business card.
5. A real estate tax bill or receipt for the current year or the year preceding the date of the election.
6. A residential lease, unless the person registered to vote by mail.
7. A university, college, or technical college fee or identification card bearing a photograph of the card holder.
8. A utility bill for the period commencing not earlier than 90 days before election day.
9. A bank statement.
10. A paycheck.
11. A check or other document issued by a unit of government.
The bill provides that a university, college, or technical college fee or identification card which does not contain the address of the student bearing the card may still be considered acceptable proof of residence if the university, college, or technical college that issued the card provides to the municipal clerk before the election a certified and current list of students who reside in housing sponsored by the university, college, or technical college showing the current address of the students and if the poll worker verifies that the student presenting the card is included on the list.
Deadline for Registration
Under current law, registration for any election must close at 5 p.m. on the second Wednesday preceding the election. Registration may be accepted after this deadline if the municipal clerk determines that the registration list can be revised to incorporate the registration in time for the election. A person may also register to vote after the official date for the close of registration. Generally, a person may register late by filing with the municipal clerk a registration form completed by the person and acceptable proof of residence or corroboration of residence by one other elector of the municipality. The registration form must be filed in person no later than 5 p.m. or the close of business, whichever is later, on the day before the election. Unless the clerk determines that the registration list can be updated in time for the election, the municipal clerk must issue to the late-registering person a certificate addressed to the inspectors of the proper ward directing that the elector be permitted to vote. The certificate must be presented by the person to the inspectors when he or she arrives at the polling place.
The bill changes the registration deadline from the 2nd Wednesday preceding the election to the 3rd Wednesday preceding the election. Under the bill, registration after this deadline is limited to persons registering in person in the office of the municipal clerk, persons registering at the polls on election day, and hospitalized persons registering via an agent.
Locations for Voter Registration; "Roving" Special Registration Deputies
Under current law, individuals may register to vote at the office of the municipal clerk, at other locations designated by the clerk, at high schools, and at the register of deeds office. In addition, current law authorizes the municipal clerk and the elections board to appoint special registration deputies for the purpose of registering electors of a municipality anywhere throughout the municipality—the so-called "roving registration deputies". Current law also authorizes the appointment of special registration deputies to assist in registering voters at the polls on election day and requires the appointment of special registration deputies at other locations designated for registration by the municipal clerk.
The bill requires "roving" special registration deputies to be trained and to print and sign their names on all registration forms they accept. In addition, the bill subjects all registration forms accepted by such deputies to a letter or postcard audit by the municipal clerk. Under the bill, the municipal clerk and the elections board must maintain a record of the names and addresses of all individuals appointed by the clerk or board as "roving" special registration deputies.
The bill also creates an exemption from requiring the clerk to appoint special registration deputies for registration locations established by the municipal clerk when the clerk and deputy clerks can sufficiently staff the locations. In addition, the bill eliminates the statutory requirement that registration be available at the office of the register of deeds and instead requires that registration be available at the office of the county clerk.
Prohibition on Certain Payment for Voter Registration
The bill prohibits any person from compensating any person who obtains voter registrations at a rate that varies in relation to the number of voter registrations obtained. Violators are guilty of a misdemeanor and are subject to a fine of not more than $1,000 or imprisonment for not more than 6 months, or both, for each offense.
Verification of Pre-Election Voter Registration
Under current law, when a municipal clerk receives a voter registration form by mail, the clerk must examine the form for sufficiency. If the form is insufficient to accomplish registration or if the clerk knows or has reliable information that the proposed elector is not qualified, the clerk must notify the proposed elector and request that the elector appear at the clerk's office or other registration center to complete a proper registration or substantiate the information presented. Similarly, if the form is submitted after the close of registration, the clerk must attempt to notify the elector that registration may be completed in the clerk's office or at the polls on election day.
Under current law, if the form is sufficient and the clerk has no reliable information to believe that the proposed elector is not qualified, the clerk must enter the person's name on the registration list and transmit a first class letter or postcard to the registrant identifying the registrant's proper ward or aldermanic district and polling place. If the letter or postcard is returned, the clerk must change the registrant's status to ineligible.
The bill specifies that the clerk must mail the letter or postcard within 10 days of receiving the registration.
Fee for Copy of Registration List
Under current law, the fee for a copy of a public record may not exceed the actual, necessary, and direct cost of reproduction, unless a fee is otherwise specifically established or authorized to be established by law.
The bill directs the elections board to establish a fee for receiving a copy of the statewide voter registration list. The fee must be established by rule after consultation with county and municipal election officials. The amount of the fee must be set to cover the cost of reproduction and the cost of maintaining the list. The rules must also specify how revenues from the fees will be shared between the state and municipalities (or counties if they perform registration functions on behalf of municipalities). The bill also authorizes the board to promulgate emergency rules to be in effect until permanent rules are promulgated.
Same-Day Voter Registration and Double Voting Audits by Elections Board
Under current law, after each election the municipal clerk receives a list of all electors who registered to vote on election day. Upon receipt of the list, the clerk is required to make an audit of all such electors. The audit is to be made by 1st class postcard, which is to be marked in such a way so that it will be returned to the clerk if the elector named on the card does not reside at the address given on the postcard. If the postcard is returned undelivered, the clerk is required to change the status of the elector on the registration list from eligible to ineligible and mail the elector a notice of the change in status and provide the name to the district attorney for the county where the polling place is located. Also under current law, the municipal clerk must determine if any elector appears to have voted more than once and must attempt to contact each such elector.
The bill authorizes the state elections board to perform these audit functions in lieu of the municipal clerk.
Out-of-State Driver's License Holders
This bill provides that whenever an elector registers to vote in the general election after the close of registration, and the elector presents a valid driver's license issued by another state, the registering official must record the license number, issuing state, and expiration date of any license presented. The information would not be available for general public inspection. In addition, the bill requires the elections board, following each general election, to contact the chief election official in each other state that has issued a valid driver's license to an elector presenting that license who voted in the election and to inquire whether the elector had voted in that election in that state.
Currently, there are no such requirements,
Uniform registration forms
Currently, the elections board prescribes the content of registration forms in accordance with statutory requirements. This bill requires the board to create uniform registration forms that must be used throughout the state for purposes of registration.
ABSENTEE BALLOTS
Requesting an Absentee Ballot by Fax or Email
Under current law, any elector who is unable or unwilling to appear at the polling place in his or her ward on election day may vote by absentee ballot. An elector seeking to vote by absentee ballot must generally make a written application to the municipal clerk. An application may be made by one of the following methods: (1) by mail; (2) in person at the office of the municipal clerk; (3) by signing a statement indicating the elector is indefinitely confined or disabled; (4) by agent when the elector is hospitalized; or (5) by delivering an application to a special voting deputy when the elector is an occupant of a nursing home and similar facilities.
The bill authorizes a registered elector, including a registered "overseas elector", or an elector who qualifies as a "military elector", who is unable or unwilling to appear at the polling place in his or her ward on election day to apply for an absentee ballot by making a written application to the municipal clerk by facsimile transmission (fax) or electronic mail (email). The application must contain a copy of the applicant's original signature. When the absentee ballot is returned, the elector must enclose a copy of the absentee ballot request bearing an original signature of the elector along with the ballot. Ballots cast in contravention of this procedure are not to be counted.
Deadline for Requesting Absentee Ballot by Mail
Under current law, requests for absentee ballots made by an elector by mail must be received by the municipal clerk by 5 p.m. on the Friday preceding the election. The bill changes the deadline for such requests to no later than 5 p.m. on the 5th day immediately preceding the election, except for applications submitted by mail by military electors and indefinitely confined electors. Under the bill, applications by mail from these electors retain the current deadline of 5 p.m. on the Friday before the election.
Absentee Ballots for Military Electors - Permanent Ballots
Under current law, "military electors" are defined to be any of the following:
1. Members of a uniformed service (i.e., the U.S. army, navy, air force, marine corps, or coast guard, the commissioned corps of the federal public health service, or the national oceanic and atmospheric administration).
2. Members of the U.S. merchant marine.
3. Civilian employees of the U.S. and civilians officially attached to a uniformed service who are serving outside the U.S.
4. Peace corps volunteers.
5. Spouses and dependents of the above who reside with or accompany them.
In general, and with some exceptions, a military elector is to vote in the ward or election district for the address of his or her residence prior to becoming a military elector. In general, military electors are not required to register as a prerequisite to voting in any election.
A military elector may request an absentee ballot for any election, or for all elections until the individual otherwise requests or until the person no longer qualifies as a military elector. An absentee ballot application from a military elector may be received at any time. In general, as an alternative to a regular absentee ballot request form, a federal postcard registration and absentee ballot request form may be used to apply for an absentee ballot by a military elector if the municipal clerk can determine that the applicant is qualified to vote in the election district where he or she seeks to vote and that the applicant is qualified to receive an absentee ballot as a military elector.
For military electors who are in the uniformed service and on active duty, members of the merchant marine, and the spouse and dependents of such persons who are absent because of the duty or service of the member, current law also provides that such electors may request an absentee ballot for the next 2 general elections. A municipal clerk must comply with such a request except that no absentee ballot may be sent for a succeeding general election if the elector's name appeared on the registration list for a previous general election and no longer appears on the registration list for the succeeding general election. Further, if the elector's address for the succeeding general election is in a municipality that is different from the municipality in which the elector resided for the first general election, current law requires the clerk to forward the request to the clerk of the municipality where the elector resides.
Currently, a municipal clerk must send a ballot, as soon as available, to each military elector who requests a ballot. However, the clerk may not send a ballot for an election if the application is received later than 5 p.m. on the Friday preceding that election. Whenever absentee ballots are sent to military electors, they must be prepared and mailed to make use of the federal free postage laws.
The bill modifies current law to provide that every request by any military elector must be treated as a request for an absentee ballot for all subsequent elections. Under the bill, if a municipal clerk receives a request for an absentee ballot from a military elector, the municipal clerk must send an absentee ballot to the elector for all elections that occur after the request is received. The bill allows a military elector to provide an alternate address on the absentee ballot application and requires the municipal clerk to send an absentee ballot to that alternate address if a ballot sent to the elector's primary address is returned as undeliverable.
The bill authorizes a municipal clerk to stop sending a ballot to a military elector in the following situations: (1) if 2 successive general elections go by and a military elector fails to return an absentee ballot for any election during that time period; (2) if the clerk is reliably informed that the elector is no longer a military elector or no longer resides in the municipality; (3) if the elector is subject to a registration requirement and his or her name no longer appears on the registration list as an eligible elector; or (4) if the elector so requests. Prior to discontinuing sending ballots to a military elector solely for the failure to return absentee ballots, the municipal clerk must notify the elector by mail that no future ballots will be sent unless the elector renews his or her absentee ballot request within 30 days. The bill also requires the municipal clerk to notify a military elector of any action to discontinue sending ballots to the elector not taken at the elector's request within 5 days of taking that action, if possible.
Late-Arriving Absentee Ballots From Military Electors
Under current law, absentee ballots must be returned to the municipal clerk in time for delivery to the polls before the polls close. Any ballot not delivered by this deadline may not be counted.
The bill provides that a vote cast on a ballot cast by a "military elector", as defined above, that is received by the municipal clerk after the close of the polls may, in some situations, still be counted. Under the bill, a vote cast on a ballot that is received after the polls close is considered a valid ballot if it is received by the clerk by the deadline for requesting a recount for the office for which the vote is cast and if it contains a postal service cancellation mark dated on or before the election day for which the ballot was cast. However, under the bill these ballots will not be counted unless a recount occurs.
Under the bill, a certificate envelope sent to a military elector must be clearly labeled so that when it is returned the clerk will know that it is from a military elector. If a certificate envelope that is returned by a military elector after the polls close but before the deadline for the return of such ballots has an illegible postmark, or no postmark, it is presumed that the envelope was timely mailed, unless established otherwise.
The bill directs the municipal clerk to post in his or her office on election night and on an internet site a statement announcing the number of absentee ballots that have not been returned by military electors by the closing of the polls. However, the posting may not include the names or addresses of any military electors.
Under the bill, if a recount petition is filed, the municipal clerk must immediately notify the appropriate board of canvassers as to the number of absentee ballots that were timely received after the polls closed and whether any absentee ballots that were sent to military electors have not been returned. If there are unreturned ballots at the time a recount petition has been filed, the bill provides that the recount may not proceed until all timely returned ballots are delivered by the clerk or 9 a.m. on the day following the last day for filing a recount petition, whichever occurs first.
As soon as practicable after receiving the last late-arriving ballot but in no case later than 9 a.m. on the day following the last day for filing a recount petition, the clerk must transmit to the appropriate board of canvassers all of the late-arriving ballots of military electors received by the clerk.
When the board of canvassers conducting a recount receives late-arriving absentee ballots cast by military electors, the board must first open and record the names of the military electors whose ballots have been received. If the late-arriving ballot cast by a military elector is otherwise valid, the board of canvassers must count the ballot and adjust the original statements, certifications, and determinations. After doing so, the board of canvassers may begin the recount.
Witness for Absentee Ballots
