AB782: Bill Text

AB782,4,17 6.10 (4) The residence of an unmarried person sleeping in one ward and boarding in another is the place where the person sleeps. The residence of an unmarried person in a transient vocation, a teacher or a student who boards at different places for part of the week, month, or year, if one of the places is the residence of the person's parents, is the place of the parents' residence unless through registration or similar act the person elects to establish a residence elsewhere. If the person has no parents and if the person has not registered elsewhere, the person's residence shall be at the place which that the person considered his or her residence in preference to any other for at least 10 14 days before an election. If this place is within the municipality, the person is entitled to all the privileges and subject to all the duties of other citizens having their residence there, including voting.

AB782, s. 5 Section 5. 6.15 (1) of the statutes is amended to read:

AB782,4,24 6.15 (1) Qualifications. Any person who was or who is a qualified elector under ss. 6.02 and 6.03, except that he or she has been a resident of this state for less than 10 14 days prior to the date of the presidential election, is entitled to vote for the president and vice president but for no other offices. The fact that the person was not registered to vote in the state from which he or she moved does not prevent voting in this state if the elector is otherwise qualified.

AB782, s. 6 Section 6. 6.15 (2) (title) of the statutes is repealed and recreated to read:

AB782,5,1 6.15 (2) (title) Application for ballot.

AB782, s. 7 Section 7. 6.15 (2) (a) of the statutes is amended to read:

AB782,5,10 6.15 (2) (a) The elector's request for the application form may be made in person to the municipal clerk of the municipality where the person resides. Application may be made not sooner than 9 13 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in the ward or election district in which the elector resides. If an elector makes application before election day, the. The application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form:

AB782,5,11 STATE OF WISCONSIN

AB782,5,12 County of ....

AB782,5,23 I, ...., do solemnly swear that I am a citizen of the United States; that prior to establishing Wisconsin residence, my legal residence was in the .... (town) (village) (city) of ...., state of ...., residing at .... (street address); that on the day of the next presidential election, I shall be at least 18 years of age and that I have been a legal resident of the state of Wisconsin since ...., .... (year), residing at .... (street address), in the [.... ward of the .... aldermanic district of] the (town) (village) (city) of ...., county of ....; that I have resided in the state less than 10 14 days, that I am qualified to vote for president and vice president at the election to be held November ...., .... (year), that I am not voting at any other place in this election and that I hereby make application for an official presidential ballot, in accordance with section 6.15 of the Wisconsin statutes.

AB782,5,24 Signed ....

AB782,5,25 P.O. Address ....

AB782,6,1 Subscribed and sworn to before me this .... day of ...., .... (year)

AB782,6,2 ....(Name)

AB782,6,3 ....(Title)

AB782, s. 8 Section 8. 6.15 (3) of the statutes is amended to read:

AB782,6,21 6.15 (3) Procedure at polling place Use of electronic voting systems. An eligible elector may appear at the polling place for the ward or election district where he or she resides and make application for a ballot under sub. (2). Except as otherwise provided in this subsection, an elector who casts a ballot under this subsection shall follow the same procedure required for casting a ballot at the municipal clerk's office under sub. (2). The inspectors shall perform the duties of the municipal clerk, except that the inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon proper completion of the application and cancellation card and submittal of acceptable proof of residence under s. 6.55 (7) or providing corroboration of residence, the inspectors shall permit the elector to cast his or her ballot for president and vice president. The elector shall mark the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and deposit the ballot into the ballot box or give it to the inspector. The inspector shall deposit it directly into the ballot box. Voting machines or ballots utilized with electronic voting systems may only be used by electors voting under this section if they permit voting for president and vice president only.

AB782, s. 9 Section 9. 6.18 (form) of the statutes is amended to read:

AB782,6,23 6.18 (form)

AB782,7,2 This form shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

AB782,7,3 APPLICATION FOR PRESIDENTIAL

AB782,7,4 ELECTOR'S ABSENTEE BALLOT.

AB782,7,5 (To be voted at the Presidential Election

AB782,7,6 on November ...., .... (year)

AB782,7,15 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 10 14 days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

AB782,7,16 Signed ....

AB782,7,17 Address ....(Present address)

AB782,7,18 ....(City) ....(State)

AB782,7,19 Subscribed and sworn to before me this .... day of .... .... (year)

AB782,7,20 ....(Notary Public, or other officer authorized to administer oaths.)

AB782,7,21 ....(County)

AB782,7,22 My Commission expires

AB782,7,23 MAIL BALLOT TO:

AB782,7,24 NAME ....

AB782,7,25 ADDRESS ....

AB782,8,1 CITY .... STATE .... ZIP CODE ....

AB782,8,6 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for not more than 6 months or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months or both.

AB782,8,7 ....(Municipal Clerk)

AB782,8,8 ....(Municipality)

AB782, s. 10 Section 10. 6.26 (2) (d) of the statutes is repealed.

AB782, s. 11 Section 11. 6.275 (1) (b) of the statutes is amended to read:

AB782,8,13 6.275 (1) (b) The total number of electors of the municipality residing in that county who were preregistered registered on the deadline specified in s. 6.28 (1), including valid mail registrations which are postmarked by that day.

AB782, s. 12 Section 12. 6.275 (1) (c) of the statutes is repealed.

AB782, s. 13 Section 13. 6.275 (1) (d) of the statutes is amended to read:

AB782,8,18 6.275 (1) (d) The total number of electors of the municipality residing in that county who registered transferred registration on the day of the primary or election under ss. s. 6.55 and 6.86 (3) (a) 2 (2).

AB782, s. 14 Section 14. 6.28 (1) of the statutes is amended to read:

AB782,9,16 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.29, s. 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 14th day 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 14th day preceding the election. An Except as authorized in s. 6.55 (2), no 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 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.

AB782, s. 15 Section 15. 6.29 of the statutes is repealed.

AB782, s. 16 Section 16. 6.30 (1) of the statutes is amended to read:

AB782,9,20 6.30 (1) In person. An elector shall apply for registration in person, except as provided under sub. (4) and s. 6.86 (3) (a) 2.

AB782, s. 17 Section 17. 6.32 (3) of the statutes is repealed.

AB782, s. 18 Section 18. 6.32 (4) of the statutes is amended to read:

AB782,9,25 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 date of registration and the elector's ward or aldermanic district, or both, if any, and polling place. If 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 change the status of the elector on the list from eligible to ineligible. The letter or postcard shall 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.

AB782, s. 19 Section 19. 6.33 (1) of the statutes, as affected by 2003 Wisconsin Act 265, is amended to read:

AB782,11,2 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 14 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).

AB782, s. 20 Section 20. 6.33 (2) (b) of the statutes is amended to read:

AB782,11,8 6.33 (2) (b) Except as provided in s. 6.86 (3) (a) 2., the 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.

AB782, s. 21 Section 21. 6.40 (1) (a) 1. of the statutes is amended to read:

AB782,11,20 6.40 (1) (a) 1. Any 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 14 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 changes his or her residence from one municipality to another or from one ward to another within the same municipality, within 14 days of an election, the change shall be effective for the next election.

AB782, s. 22 Section 22. 6.40 (1) (c) of the statutes is amended to read:

AB782,12,2 6.40 (1) (c) Name change. Whenever 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) (1).

AB782, s. 23 Section 23. 6.45 (1) of the statutes is amended to read:

AB782,12,11 6.45 (1) After the deadline for revision of the registration list, the municipal clerk shall make copies of the list for election use. The registration list and any supplemental lists which are prepared at polling places or other registration locations under s. 6.55 or 6.79, 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 any person who is observing the proceedings under s. 7.41 when such use does not interfere with the conduct of the election.

AB782, s. 24 Section 24. 6.45 (1m) of the statutes is amended to read:

AB782,12,20 6.45 (1m) The registration list and any supplemental lists which are prepared at polling places or other registration locations under s. 6.55 or 6.79, 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 any person who is observing the proceedings under s. 7.41 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.

AB782, s. 25 Section 25. 6.50 (10) of the statutes is amended to read:

AB782,12,24 6.50 (10) Any qualified elector whose registration is changed from eligible to ineligible status under this section may reregister as provided under s. 6.28 (1), 6.29 (2), or transfer his or her registration as provided under s. 6.55 (2).

AB782, s. 26 Section 26. 6.54 of the statutes is repealed.

AB782, s. 27 Section 27. 6.55 (title) of the statutes is amended to read:

AB782,13,3 6.55 (title) Polling place Updating registration; voting by certification at polling place.

AB782, s. 28 Section 28. 6.55 (2) (a) 1. of the statutes is renumbered 6.55 (2) (a) and amended to read:

AB782,13,18 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, registered elector who has changed his or her residence within the ward or election district in which he or she is registered and who has not notified the municipal clerk of the change of address under s. 6.40 (1) may request permission to vote at the polling place for that ward or election district serving the elector's residence, 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 elector to transfer his or her registration by executing a registration form prescribed by the board. The registration form shall be completed in the manner provided under s. 6.33 (2) and shall contain all information required under s. 6.33 (1), together with the following certification:

AB782,13,22 "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 14 days immediately preceding this election, and that I am not disqualified on any ground from voting, and I have not voted, at this election."

AB782, s. 29 Section 29. 6.55 (2) (a) 2. of the statutes is repealed.

AB782, s. 30 Section 30. 6.55 (2) (b) of the statutes is amended to read:

AB782,14,12 6.55 (2) (b) Upon executing the registration form under par. (a), the elector shall provide acceptable proof of residence under sub. (7). If the elector cannot provide acceptable proof of residence, the information contained in the registration form shall be corroborated in a statement that is signed by any elector who resides in the same municipality as the registering elector and that contains the current street address of the corroborating elector. The corroborator shall then provide acceptable proof of residence as provided in sub. (7). The signing by the elector executing the who is transferring his or her registration form and by any corroborator shall be in the presence of the special registration deputy or inspector. Upon compliance with this procedure, the elector shall be permitted to cast his or her vote, if the elector complies with all other requirements for voting at the polling place.

AB782, s. 31 Section 31. 6.55 (2) (c) 1. of the statutes is amended to read:

AB782,15,12 6.55 (2) (c) 1. As an alternative to transferring registration at the polling place under pars. (a) and (b), the board of election commissioners, or the governing body of any municipality may by resolution require a person who qualifies as an elector and who is not registered and desires to register on the day of an election to do so registered elector who has changed his or her residence within the ward or election district in which he or she is registered, who has not notified the municipal clerk of the change of address under s. 6.40 (1), and who desires to vote to transfer his or her registration at another readily accessible location in the same building as the polling place serving the elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b), instead of at the polling place serving the elector's residence. In such case, the municipal clerk shall prominently post a notice of the registration location at the polling place of the location designated for transferring registrations. The municipal clerk, or deputy clerk or special registration deputy at the registration location shall require such person to execute transfer his or her registration by executing a registration form as prescribed under par. (a) and to provide acceptable proof of residence as provided under sub. (7). If the elector cannot provide acceptable proof of residence, the information contained in the registration form shall be corroborated in the manner provided in par. (b). The signing by the elector executing the registration form and by any corroborator shall be in the presence of the municipal clerk, or deputy clerk or special registration deputy. Upon proper completion of registration, the municipal clerk, or deputy clerk or special registration deputy shall serially number the registration and give one copy to the elector for presentation at the polling place serving the elector's residence or an alternate polling place assigned under s. 5.25 (5) (b).

AB782, s. 32 Section 32. 6.55 (2) (cm) of the statutes is repealed.

AB782, s. 33 Section 33. 6.55 (2) (d) of the statutes is renumbered 6.55 (1) and amended to read:

AB782,16,5 6.55 (1) 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), 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 A registered elector has changed both a name and address, the elector who has changed his or her residence within the ward or election district in which he or she is registered and who has not notified the municipal clerk of the change of address under s. 6.40 (1) shall register transfer his or her registration by completing a registration form at the polling place or other registration location under pars. (a) and (b) sub. (2) before voting. A registered elector who has changed his or her residence within this state from one municipality to another or within a municipality from one ward to another, and who has not notified the municipal clerk of the change of address under s. 6.40 (1), may not be permitted to vote, except at a subsequent election for which the elector is properly registered or as authorized under s. 6.10 (3) or 6.85 (2).

AB782, s. 34 Section 34. 6.55 (3) of the statutes is repealed.

AB782, s. 35 Section 35. 6.55 (6) of the statutes is repealed.

AB782, s. 36 Section 36. 6.56 (1) of the statutes is amended to read:

AB782,16,11 6.56 (1) The list containing the names of persons voting transferring registration under ss. 6.29 and s. 6.55 (2) and (3) shall be returned together with all forms and certificates to the municipal clerk.

AB782, s. 37 Section 37. 6.56 (2) of the statutes is repealed.

AB782, s. 38 Section 38. 6.56 (3) of the statutes is amended to read:

AB782,17,2 6.56 (3) Upon receipt of the list under sub. (1), the municipal clerk or board of election commissioners shall make an audit of all electors registering to vote transferring registration at the polling place or other registration location under s. 6.55 (2) and all electors registering by agent on election day under s. 6.86 (3) (a) 2. The audit shall be made by 1st class postcard. The postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the clerk or board of election commissioners if the elector does not reside at the address given on the postcard. If any postcard is returned undelivered, or if the clerk or board of election commissioners is informed of a different address than the one specified by the elector which was apparently improper on the day of the election, the clerk or board shall change the status of the elector from eligible to ineligible on the registration list 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.

AB782, s. 39 Section 39. 6.56 (5) of the statutes is amended to read: