Amendment AA5-AB63

LRBa0210/1

JTK&ARG:lmk:rs

2005 - 2006 LEGISLATURE

ASSEMBLY AMENDMENT 5, TO 2005 ASSEMBLY BILL 63

February 22, 2005 - Offered by Representative Colon.

AB63-AA5,1,1 At the locations indicated, amend the bill as follows:

AB63-AA5,1,3 1. Page 1, line 10: after "electors," insert "voter registration with applications for operators' licenses and renewals,".

AB63-AA5,1,4 2. Page 3, line 4: after that line insert:

AB63-AA5,1,5 " Section 1m. 6.10 (3) of the statutes is amended to read:

AB63-AA5,2,6 6.10 (3) When If an elector moves from one ward to another or from one municipality to another within the state before the close of registration under s. 6.28 (1), the elector may vote in and be considered a resident of the new ward or municipality where residing upon updating his or her registration under s. 6.28 (4) (b), transferring his or her registration under s. 6.40 (1), or registering at the proper polling place or other registration location in the new ward or municipality under s. 6.55 (2). If an elector moves from one ward to another or from one municipality to another within the state after the last registration day but at least 10 days before the election, the elector may vote in and be considered a resident of the new ward or municipality where residing upon transferring registration under s. 6.40 (1) or upon registering at the proper polling place or other registration location in the new ward or municipality under s. 6.55 (2) or 6.86 (3) (a) 2. If the elector moves within 10 days of an election, the elector shall vote in the elector's old ward or municipality if otherwise qualified to vote there.".

AB63-AA5,2,7 3. Page 5, line 23: after that line insert:

AB63-AA5,2,8 " Section 7c. 6.26 (2) (d) of the statutes is amended to read:

AB63-AA5,2,10 6.26 (2) (d) This subsection does not apply to deputies serving under s. 6.28 (4) or to deputies appointed under s. 6.55 (6).

AB63-AA5, s. 7e Section 7e. 6.275 (title) of the statutes is amended to read:

AB63-AA5,2,12 6.275 (title) Registration and voting statistics information.

AB63-AA5, s. 7g Section 7g. 6.275 (2) of the statutes is amended to read:

AB63-AA5,2,16 6.275 (2) Upon receipt of each report filed under this section sub. (1), the county clerk or board of election commissioners shall forward one copy to the board within 7 days.

AB63-AA5, s. 7i Section 7i. 6.275 (3) of the statutes is created to read:

AB63-AA5,2,20 6.275 (3) The board shall withhold from access under s. 19.35 (1) any registration information received from the department of transportation under s. 343.22 (3m) that would reveal the identity of an individual.

AB63-AA5, s. 7k Section 7k. 6.28 (1) of the statutes is amended to read:

AB63-AA5,3,20 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.29, 6.55 (2), and 6.86 (3) (a) 2., registration in person for any election shall close at 5 p.m. on the 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. An application for registration in person or by mail may be accepted for placement on the registration list after the specified deadline, if the municipal clerk determines that the registration list can be revised to incorporate the registration in time for 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, at any office of the department of transportation where the department receives applications for operators' licenses, or for renewals of operators' licenses, under ch. 343, 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.

AB63-AA5, s. 7m Section 7m. 6.28 (3) of the statutes is amended to read:

AB63-AA5,4,4 6.28 (3) At office of register of deeds. Any person 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 (1). 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.

AB63-AA5, s. 7p Section 7p. 6.28 (4) of the statutes is created to read:

AB63-AA5,4,20 6.28 (4) At department of transportation offices. (a) Each person who is employed as a license examiner by the department of transportation is a special registration deputy for the municipality in which the person's place of employment is located. The department shall notify the municipal clerk of the municipality of the name and address of each such employee and of the beginning and ending date of his or her service at that place of employment. The municipal clerk of the municipality shall designate one employee at each office of the department of transportation where more than one license examiner is employed as the primary special registration deputy for that office. This employee shall coordinate and supervise registration activities at that office. The municipal clerk shall explain to each special registration deputy, or if there is more than one deputy at the office, to the primary special registration deputy the responsibilities of the special registration deputies at the office. The primary special registration deputy shall explain those responsibilities to each other special registration deputy at the office where the deputy serves.

AB63-AA5,5,13 (b) Any individual who applies for an operator's license, or for renewal of an operator's license, under ch. 343, may register for any election before the close of registration in person at the time of making an application under ch. 343 by completing a registration form. Any registered elector whose residence has changed within this state or whose name has changed may update his or her registration information in person by completing an updated form before the close of registration at any office of the department of transportation where applications for operators' licenses, or for renewals of operators' licenses, are accepted. The special registration deputy under par. (a) who receives the individual's properly completed registration form or updated form, shall promptly enter on the form any information required by the board under s. 6.33 (1m) (b) and, if the deputy is not the primary registration deputy at an office where a primary special registration deputy is designated, give the form to the primary registration deputy. No later than 10 days after the applicant completes the form, each special registration deputy or, if there is more than one special registration deputy at an office, the primary registration deputy shall forward the form to the board except that, if the applicant submits the form within 5 days of the close of registration, the deputy shall forward the form no later than the close of registration.

AB63-AA5,5,21 (c) The board, upon receiving a properly completed registration form or updated form from a qualified elector under par. (b), shall add the name of the registering elector to the registration list or update the elector's registration information, as appropriate. If the board rejects any registration form or updated form under this paragraph, the board shall promptly notify the individual whose registration form or updated form is rejected of the reasons for the rejection. An individual whose registration is rejected may reapply for registration if he or she is qualified.".

AB63-AA5,5,22 4. Page 6, line 6: after that line insert:

AB63-AA5,5,24 " Section 8c. 6.33 (1) of the statutes, as affected by 2003 Wisconsin Act 265, section 49b, is amended to read:

AB63-AA5,6,18 6.33 (1) The Except as provided in sub. (1m), 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. 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 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).

AB63-AA5, s. 8e Section 8e. 6.33 (1m) of the statutes is created to read:

AB63-AA5,6,22 6.33 (1m) (a) The board, in consultation with the department of transportation, shall prescribe the registration form and update form for use at the offices of the department of transportation under s. 6.28 (4). The registration form shall include:

AB63-AA5,6,24 1. A list of the qualifications for voting under s. 6.02 and the grounds for disqualification under s. 6.03.

AB63-AA5,7,3 2. A statement to be signed by the applicant affirming that the applicant meets the qualifications for voting under s. 6.02 and is not disqualified from voting under s. 6.03.

AB63-AA5,7,7 3. A notice indicating that the applicant may decide whether or not to register to vote at the time of filing the application and that the applicant's decision not to register will remain confidential and will be used only for voter registration purposes.

AB63-AA5,7,10 4. A notice indicating that, if the applicant registers to vote at the time of filing the application, the location of the office at which the applicant files the application will remain confidential and will be used only for voter registration purposes.

AB63-AA5,7,13 5. A notice indicating that, if the applicant wishes to obtain a confidential listing under s. 6.47 (2), the applicant must register at the office of the municipal clerk of the municipality where the elector resides.

AB63-AA5,7,22 (b) Except as provided in par. (a) and this paragraph, the forms prescribed under this subsection may require the applicant or the special registration deputy who receives the completed form to provide any information that the board determines to be necessary to administer voter registration and the election process, to prevent duplicate voter registrations, and to enable the election officials of the applicant's municipality of residence to assess the applicant's eligibility to vote. The registration form may not require the applicant to provide any information that duplicates information required in the operator's license or renewal portion of the application, other than the applicant's signature.

AB63-AA5, s. 8g Section 8g. 6.33 (2) (a) of the statutes, as affected by 2003 Wisconsin Act 265, section 49b, is amended to read:

AB63-AA5,8,11 6.33 (2) (a) All information on any form prescribed under sub. (1) or (1m) may be recorded by any person, except as provided in sub. (1m) (b) and 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.

AB63-AA5, s. 8i Section 8i. 6.40 (1) (a) 1. of the statutes is amended to read:

AB63-AA5,8,22 6.40 (1) (a) 1. Any Except as provided in s. 6.28 (4) (b) and except as otherwise provided in this paragraph, a registered elector shall transfer registration after a change of residence within the state by 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 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 in the ward or election district where the elector formerly resided, the change shall be effective for the next election.

AB63-AA5, s. 8k Section 8k. 6.40 (1) (c) of the statutes is amended to read:

AB63-AA5,9,5 6.40 (1) (c) Name change. Whenever Except as provided in s. 6.28 (4) (b) and except as otherwise provided in this paragraph, an elector's name is legally changed, including a change by marriage or divorce, the elector shall transfer his or her registration to his or her legal name by appearing in person or mailing to the municipal clerk a signed request for a transfer of registration to such name. Alternatively, a registered elector may make notification of a name change at his or her polling place under s. 6.55 (2) (d).".

AB63-AA5,9,6 5. Page 8, line 9: after that line insert:

AB63-AA5,9,7 " Section 11m. 6.55 (2) (d) of the statutes is amended to read:

AB63-AA5,9,14 6.55 (2) (d) A registered elector who has changed his or her name but resides at the same address, and has not notified the municipal clerk under s. 6.40 (1) (c) or filed a timely update of his or her registration under s. 6.28 (4) (b), shall notify the inspector of the change before voting. The inspector shall then notify the municipal clerk at the time when materials are returned under s. 6.56 (1). If an elector has changed both a name and address, the elector shall register at the polling place or other registration location under pars. (a) and (b).".

AB63-AA5,9,15 6. Page 25, line 9: after that line insert:

AB63-AA5,9,16 " Section 35g. 7.03 (1) (d) of the statutes is amended to read:

AB63-AA5,9,23 7.03 (1) (d) Except as otherwise provided in par. (a), special registration deputies appointed under s. 6.55 (6), special voting deputies appointed under s. 6.875 (4) and officials and trainees who attend training sessions under s. 7.15 (1) (e) or 7.25 (5) may also be compensated by the municipality where they serve at the option of the municipality. Employees of the department of transportation who are designated as special registration deputies under s. 6.28 (4) shall serve without additional compensation.

AB63-AA5, s. 35r Section 35r. 7.08 (1) (c) of the statutes is amended to read:

AB63-AA5,10,5 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1) and (1m) (a), 6.40 (1) (a), 6.47 (1) (a) 2. and (3), 6.55 (2) and (3), and 6.86 (2) and (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.".

AB63-AA5,10,6 7. Page 25, line 24: after that line insert:

AB63-AA5,10,7 " Section 37c. 110.08 (1r) of the statutes is created to read:

AB63-AA5,10,9 110.08 (1r) Operator's license examiners shall perform those duties required under s. 6.28 (4).

AB63-AA5, s. 37g Section 37g. 343.14 (2r) of the statutes is created to read:

AB63-AA5,10,12 343.14 (2r) The forms for application for a license or for renewal thereof shall include the information required under s. 6.33 (1m).

AB63-AA5, s. 37n Section 37n. 343.178 of the statutes is created to read:

AB63-AA5,10,16 343.178 Voter registration. (1) Based upon application information specified under s. 343.14 (2r), the department shall accept and process applications for voter registration under s. 6.28 (4).

AB63-AA5,10,22 (2) The department shall withhold access to information in the records of the department relating to the location of any office of the department at which an applicant for an operator's license, or for renewal of an operator's license, registers to vote and information relating to the decision of such an applicant not to register to vote, except that the department shall provide this information to the elections board upon request of the board.

AB63-AA5, s. 37r Section 37r. 343.22 (3m) of the statutes is created to read:

AB63-AA5,11,6 343.22 (3m) Whenever any registered elector of this state, after applying for or receiving an operator's license, changes his or her name or changes his or her address from the address specified in the application or license to a different address within this state, the elector may update his or her voter registration information on a form provided by the department at an office of the department under s. 6.28 (4) (b).

AB63-AA5, s. 37w Section 37w. 343.22 (4) of the statutes is amended to read:

AB63-AA5,11,9 343.22 (4) Any person who fails to comply with any of the requirements of this section subs. (1) to (3) may be required to forfeit not more than $50.".

AB63-AA5,11,10 8. Page 27, line 24: after that line insert:

AB63-AA5,11,14 "(2m) The treatment of sections 6.33 (1) and (2) (a), 6.40 (1) (a) 1. and 7.08 (1) (c) of the statutes first applies with respect to registration for voting at the 2006 spring primary election or the first election that occurs on or after the effective date of this subsection, whichever is later.".

AB63-AA5,11,15 9. Page 28, line 2: after that line insert:

AB63-AA5,11,20 "(2m) The treatment of sections 6.10 (3), 6.26 (2) (d), 6.275 (title), (2), and (3), 6.28 (1), (3), and (4), 6.33 (1), (1m), and (2) (a), 6.40 (1) (a) 1. and (c), 6.55 (2) (d), 7.03 (1) (d), 7.08 (1) (c), 110.08 (1r), 343.14 (2r), 343.178, and 343.22 (3m) and (4) of the statutes takes effect on January 1, 2006, or the first day of the 7th month beginning after publication, whichever is later.".

AB63-AA5,11,21 (End)