LRB-3619/2
JTK&ARG:kjf:pg
2005 - 2006 LEGISLATURE
November 3, 2005 - Introduced by Representatives Cullen, Lehman, Sheridan,
Van Akkeren and Shilling, cosponsored by Senators Decker and Breske.
Referred to Committee on Campaigns and Elections.
AB808,2,3
1An Act to repeal 6.56 (5) and 12.13 (3) (v);
to renumber and amend 6.55 (3)
2and 6.87 (4);
to amend 5.35 (6) (a) 2., 5.35 (6) (a) 4a., 6.15 (2) (d) 1r., 6.15 (3),
36.22 (2) (b), 6.24 (4) (d), 6.29 (1), 6.29 (2) (a), 6.33 (1), 6.33 (2) (b), 6.33 (5) (a), 6.36
4(1) (a), 6.36 (2) (a), 6.55 (2) (a) 1., 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (c) 2., 6.79
5(2) (a) and (d), 6.79 (4), 6.79 (6), 6.82 (1) (a), 6.86 (1) (a) 5., 6.86 (1) (ar), 6.86 (1)
6(ar), 6.86 (3) (a) 1., 6.86 (3) (a) 2., 6.869, 6.87 (3) (d), 6.875 (title), 6.875 (2) (a),
76.875 (3) and (4), 6.875 (6), 7.08 (8) (title), 10.02 (3) (a), 12.13 (2) (b) 6m., 12.13
8(4), 343.50 (3), 343.50 (4), 343.50 (5), 343.50 (6), 887.01 (1) and 887.02; and
to
9create 5.02 (6s), 5.02 (24c), 6.15 (2) (bm), 6.15 (2) (d) 1g., 6.29 (2) (am), 6.55 (2)
10(cs), 6.55 (3) (b), 6.56 (3m), 6.79 (2) (dm), 6.87 (4) (a), 6.87 (4) (b) 2. to 4., 6.875
11(1) (ap) and (asm), 6.875 (2) (d), 6.92 (1m), 7.15 (1) (L), 301.03 (20) and 343.50
12(4g) of the statutes;
relating to: requiring certain identification in order to vote
13at a polling place or obtain an absentee ballot, verification of the addresses of
14electors, absentee voting procedure in certain residential care apartment
1complexes and adult family homes, registration and voting procedures for
2certain persons who are convicted of felonies, and the fee for an identification
3card issued by the Department of Transportation.
Analysis by the Legislative Reference Bureau
Identification required for voting
With certain limited exceptions, before being permitted to vote at any polling
place, an elector currently must provide his or her name and address. If registration
is required in order to vote and the elector is not registered, the elector must provide
a specified form of proof of residence in order to register. If an elector claims to be
registered but his or her name does not appear on the appropriate registration list,
the elector must complete a certification of eligibility and present acceptable proof
of residence in order to vote. In addition, an elector may be required to provide
acceptable proof of residence even if registration is not required. (Beginning with the
2006 spring primary election, registration will be required on a statewide basis.) If
an elector is not able to present any required proof of residence, as an alternative,
current law permits another qualified elector who resides in the same municipality
to corroborate the elector's information. In addition, an elector other than a military
elector or an overseas elector, as defined by federal law, who registers by mail and
who has not voted in a federal election in the municipality where the elector is voting
(beginning January 1, 2006, in this state) must provide one of the forms of
identification specified by federal law, or a copy thereof if voting by absentee ballot,
in order to be permitted to vote. Corroboration may not be substituted for this
identification requirement, but an elector who cannot provide the required
identification may cast a provisional ballot. The municipal clerk or board of election
commissioners must determine whether electors casting provisional ballots are
qualified to vote by 4 p.m. on the day after an election.
With certain limited exceptions, this bill requires each person attempting to
register or vote at the polls on election day to present an identifying document
specified by law. An identifying document may take the form of a valid Wisconsin
driver's license, a current, valid identification card issued by a tribal governing body
or a U.S. uniformed service, or a Wisconsin identification card issued by the
Department of Transportation (DOT) (with or without proof of residence); one of
several types of documents containing a person's name and current voting address
(proof of residence); or the last four digits of a person's social security number,
together with an an affidavit signed by the person containing the person's current
voting residence and swearing that the name and residence are correct. The bill
directs each municipal clerk and each executive director of a board of election
commissioners to designate one inspector (poll worker) at each polling place who
shall be authorized to administer the oaths required for these affidavits. A person
whose address is confidential as a result of domestic abuse is exempted from the
identification requirement. Under the bill, any person who applies for an absentee
ballot, except a military or overseas elector, as defined by federal law, or a person
whose address is confidential as a result of domestic abuse, must provide a copy of
an identifying document, unless: 1) the person has already provided a copy of his or
her identifying document in connection with an absentee ballot cast at a previous
election and has not changed his or her name or address since that election; 2) the
person is indefinitely confined, in which case the person may submit a statement
signed by the person who witnesses his or her absentee ballot verifying his or her
identity; or 3) the person is an occupant of any nursing home, or of a
community-based residential facility, adult family home, or residential care
apartment complex where a municipality sends special voting deputies, in which
case the person may submit a statement signed by the deputies verifying his or her
identity. The bill continues current requirements for certain electors to provide proof
of residence in order to register or to vote, but discontinues the use of corroborating
electors to verify residence. If a person who votes at a polling place fails to provide
an identifying document or if a person who votes by absentee ballot and fails to
provide a copy of an identifying document, unless exempted from the requirement,
the person's ballot is challenged by the election officials and marked for later
examination, and it may be reviewed and discounted during a canvass or recount if
the appropriate board of canvassers determines that the person who cast the ballot
is ineligible to vote.
The bill also permits an elector who is eligible to obtain a Wisconsin
identification card to obtain the card from DOT free of charge, if the elector
specifically requests not to be charged. The bill permits an applicant to receive a
Wisconsin identification card without a photograph being taken, as currently
required, if the applicant provides an affidavit stating that he or she has sincerely
held religious beliefs against being photographed, that he or she is a member of a
religious organization or identifies with the tenets of a religious organization and
names that organization, and that the religious tenets of that organization prohibit
such photographing.
Absentee voting at residential care apartment complexes and adult family
homes
Currently, municipalities must send two special voting deputies (one
designated by each major political party if the party wishes) to conduct absentee
voting in nursing homes. Municipalities may also send the deputies to conduct
absentee voting in community-based residential facilities and retirement homes
that qualify for the service in accordance with standards prescribed by law. This bill
permits municipal clerks and boards of election commissioners to send two special
voting deputies to conduct absentee voting in adult family homes and residential
care apartment complexes that qualify for the service in accordance with similar
standards prescribed by law.
Prevention of voting by ineligible felons
Currently, any person who is convicted of a felony is not eligible to vote.
However, if the person is pardoned or the person completes his or her sentence, the
person's voting rights are restored. A person who is on probation, parole, or extended
supervision has not completed his or her sentence. Under current law, there is no
procedure that election officials must use to identify felons who are ineligible to vote
and to prevent them from voting.
This bill directs the Department of Corrections (DOC) to transmit electronically
to the Elections Board, on a continuous basis, a list containing the names of each
person who has been convicted of a felony under the laws of this state and whose
voting rights have not been restored, together with the date on which DOC expects
his or her voting rights to be restored. (The voting rights of a convicted felon are
restored if the felon is pardoned or if the felon is released from incarceration and is
not on parole, probation or extended supervision.) The bill directs the board to enter
the information received from DOC on the statewide voter registration list and to
maintain the information on that list so that the information is kept current. Under
the bill, the information is open to public inspection. The bill also directs the board
to enter on the poll list prepared for each election a notation after the name of any
elector who is ineligible to vote on that date because the person's name appears on
the current list that DOC provides. In addition, the bill directs the board to provide
for each polling place at each election a list of persons whose names do not appear
on the registration list but whose names appear on the current list that DOC
provides and whose addresses are located within the area served by the polling place.
These lists are open to public inspection. The bill requires poll workers to check the
lists and to inform any person whose names appear on the lists that they are
ineligible to register to vote or to vote. A person whose name appears on a list and
who claims to be eligible to vote may still be allowed to vote, but the person must vote
by ballot. The ballot is marked for later examination and it may be reviewed and
discounted during a canvass or recount if the appropriate board of canvassers
determines that the person who cast the ballot is ineligible to vote.
The bill also requires every person who registers to vote, to affirm specifically
that he or she has not been convicted of a felony for which he or she has not been
pardoned and, if so, whether the person is incarcerated or on probation, parole, or
extended supervision resulting from that conviction. Currently, the law requires a
person who registers at a polling place only to affirm that he or she is not disqualified
on any ground from voting, and does not require any similar affirmation from other
late registrants.
In addition, the bill directs the Elections Board to conduct a postelection audit
after each election to determine whether any ineligible felons have been allowed to
register and vote after the close of registration. If so, the board is directed to enter
a notation reflecting this ineligibility on the registration list and to provide the
names of these felons to the district attorney.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB808, s. 1
1Section
1. 5.02 (6s) of the statutes is created to read:
AB808,5,22
5.02
(6s) "Identifying document" means:
AB808,5,33
(a) In the case of an individual who votes in person at a polling place:
AB808,5,74
1. A valid operator's license issued to the individual under ch. 343, a valid,
5current identification card issued to the individual by a tribal governing body or a
6U.S. uniformed service, or a valid identification card issued to the individual under
7s. 343.50.
AB808,5,98
2. If the individual cannot provide any of the documents specified in subd. 1.,
9acceptable proof of residence under s. 6.55 (7).
AB808,5,1310
3. If the individual cannot provide any of the documents specified in subds. 1.
11and 2., the last 4 digits of the individual's social security account number, together
12with an affidavit signed by the individual containing the individual's name and
13current voting residence and swearing that the name and residence are correct.
AB808,5,1514
(b) In the case of an individual who votes by absentee ballot, a copy of a
15document specified in par. (a) 1. to 3.
AB808, s. 2
16Section
2. 5.02 (24c) of the statutes is created to read:
AB808,5,1817
5.02
(24c) "Tribal governing body" means a federally recognized tribal
18governing body in this state.
AB808, s. 3
19Section
3. 5.35 (6) (a) 2. of the statutes is amended to read:
AB808,6,3
15.35
(6) (a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3)
2(intro), (d), (f), (g), (k), (L), (o), (q), (r), (u),
(v) and (x), together with the applicable
3penalties provided in s. 12.60 (1).
AB808, s. 4
4Section 4. 5.35 (6) (a) 4a. of the statutes is amended to read:
AB808,6,75
5.35
(6) (a) 4a. Instructions prescribed by the board for electors for whom
an
6identifying document is required under s. 6.79 (2) or for whom identification is
7required under s. 6.36 (2) (c) 2.
AB808, s. 5
8Section
5. 6.15 (2) (bm) of the statutes is created to read:
AB808,6,129
6.15
(2) (bm) When making application in person at the office of the municipal
10clerk, each applicant shall present an identifying document. If any document
11presented by the applicant is not acceptable proof of residence under s. 6.55 (7), the
12applicant shall also present acceptable proof of residence under s. 6.55 (7).
AB808, s. 6
13Section
6. 6.15 (2) (d) 1g. of the statutes is created to read:
AB808,6,1814
6.15
(2) (d) 1g. If the elector makes application in person at the office of the
15municipal clerk, the clerk shall verify that the name on any identifying document
16provided by the elector under par. (bm) is the same as the name on the elector's
17application and shall verify that any photograph appearing on that document
18reasonably resembles the elector.
AB808, s. 7
19Section
7. 6.15 (2) (d) 1r. of the statutes is amended to read:
AB808,7,520
6.15
(2) (d) 1r. Upon proper completion of the application and cancellation card,
21the municipal clerk shall
require the elector to provide acceptable proof of residence
22under s. 6.55 (7). If the elector cannot provide acceptable proof of residence, the
23elector may have his or her residence corroborated in a statement that is signed by
24another elector of the municipality and that contains the current street address of
25the corroborating elector. If the residence is corroborated by another elector, that
1elector shall then provide proof of residence under s. 6.55 (7) permit the elector to cast
2his or her ballot for president and vice president. The elector shall then mark the
3ballot in the clerk's presence in a manner that will not disclose his or her vote. The
4elector shall then fold the ballot so as to conceal his or her vote. The clerk or elector
5shall then place the ballot in an envelope furnished by the clerk.
AB808, s. 8
6Section
8. 6.15 (3) of the statutes is amended to read:
AB808,7,237
6.15
(3) Procedure at polling place. An eligible elector may appear at the
8polling place for the ward or election district where he or she resides and make
9application for a ballot under sub. (2). Except as otherwise provided in this
10subsection, an elector who casts a ballot under this subsection shall follow the same
11procedure required for casting a ballot at the municipal clerk's office under sub. (2).
12The inspectors shall perform the duties of the municipal clerk, except that the
13inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk
14and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon
15proper completion of the application and cancellation card and
submittal of
16acceptable proof of residence under s. 6.55 (7) or providing corroboration of residence 17compliance with sub. (2) (d) 1g., the inspectors shall permit the elector to cast his or
18her ballot for president and vice president. The elector shall mark the ballot and,
19unless the ballot is utilized with an electronic voting system, the elector shall fold the
20ballot, and deposit the ballot into the ballot box or give it to the inspector. The
21inspector shall deposit it directly into the ballot box. Voting machines or ballots
22utilized with electronic voting systems may only be used by electors voting under this
23section if they permit voting for president and vice president only.
AB808, s. 9
24Section
9. 6.22 (2) (b) of the statutes is amended to read:
AB808,8,3
16.22
(2) (b) Notwithstanding s. 6.87 (4)
(b), a military elector shall make and
2subscribe to the certification under s. 6.87 (2) before a witness who is an adult U.S.
3citizen.
AB808, s. 10
4Section
10. 6.24 (4) (d) of the statutes is amended to read:
AB808,8,125
6.24
(4) (d) An overseas elector who is not registered may request both a
6registration form and an absentee ballot at the same time, and the municipal clerk
7shall send the ballot automatically if the registration form is received within the time
8prescribed in s. 6.28 (1). The board shall prescribe a special certificate form for the
9envelope in which the absentee ballot for overseas electors is contained, which shall
10be substantially similar to that provided under s. 6.87 (2). Notwithstanding s. 6.87
11(4)
(b), an overseas elector shall make and subscribe to the special certificate form
12before a witness who is an adult U.S. citizen.
AB808, s. 11
13Section
11. 6.29 (1) of the statutes is amended to read:
AB808,8,1914
6.29
(1) No names may be added to a registration list for any election after the
15close of registration, except as authorized under this section or s. 6.28 (1), 6.55 (2),
16or 6.86 (3) (a) 2. Any person whose name is not on the registration list but who is
17otherwise a qualified elector is entitled to vote at the election upon compliance with
18this section
, if the person complies with all other requirements for voting at the
19polling place.
AB808, s. 12
20Section
12. 6.29 (2) (a) of the statutes is amended to read:
AB808,9,1321
6.29
(2) (a) Any qualified elector of a municipality who has not previously filed
22a registration form or whose name does not appear on the registration list of the
23municipality may register after the close of registration but not later than 5 p.m. or
24the close of business, whichever is later, on the day before an election at the office of
25the municipal clerk and at the office of the clerk's agent if the clerk delegates
1responsibility for electronic maintenance of the registration list to an agent under
2s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2),
3a registration form containing all information required under s. 6.33 (1).
The
4registration form shall also contain the following certification: "I, ...., hereby certify
5that to the best of my knowledge, I am a qualified elector, having resided at .... for
6at least 10 days immediately preceding this election, and I have not voted at this
7election." The elector shall also provide acceptable proof of residence under s. 6.55
8(7).
Alternatively, if the elector is unable to provide acceptable proof of residence
9under s. 6.55 (7), the information contained in the registration form shall be
10corroborated in a statement that is signed by any other elector of the municipality
11and that contains the current street address of the corroborating elector. The
12corroborating elector shall then provide acceptable proof of residence under s. 6.55
13(7).
AB808, s. 13
14Section
13. 6.29 (2) (am) of the statutes is created to read:
AB808,9,2515
6.29
(2) (am) The board shall provide to each municipal clerk a list prepared
16for use at each municipal clerk's office showing the name and address of each person
17whose name appears on the list provided by the department of corrections under s.
18301.03 (20) as ineligible to vote on the date of the election, whose address is located
19in the municipality, and whose name does not appear on the registration list for that
20municipality. Prior to permitting an elector to register to vote under this subsection,
21the municipal clerk shall review the list. If the name of an elector who wishes to
22register to vote appears on the list, the municipal clerk shall inform the elector that
23the elector is ineligible to register to vote. If the elector maintains that he or she is
24eligible to vote in the election, the municipal clerk shall permit the elector to register
25to vote but shall mark the elector's registration form as "ineligible to vote per
1Department of Corrections." If the elector wishes to vote, the municipal clerk shall
2challenge the elector's ballot in the same manner as provided for inspectors who
3challenge ballots under s. 6.79 (2) (dm).
AB808,11,26
6.33
(1) The municipal clerk shall supply sufficient registration forms as
7prescribed by the board printed on loose
-leaf sheets or cards to obtain from each
8applicant information as to name; date; residence location; citizenship; date of birth;
9age; the number of a valid operator's license issued to the elector under ch. 343 or the
10last 4 digits of the elector's social security account number; whether the applicant
11has resided within the ward or election district for at least 10 days; whether the
12applicant has
lost his or her right to vote been convicted of a felony for which he or
13she has not been pardoned, and if so, whether the applicant is incarcerated, or on
14parole, probation, or extended supervision; whether the application is disqualified
15on any other ground from voting; and whether the applicant is currently registered
16to vote at any other location. The forms shall also provide a space for the applicant's
17signature and the ward and aldermanic district, if any, where the elector resides and
18any other information required to determine the offices and referenda for which the
19elector is certified to vote. The forms shall also include a space where the clerk may
20record an indication of whether the form is received by mail and a space where the
21clerk, for any applicant who possesses a valid voting identification card issued to the
22person under s. 6.47 (3), may record the identification serial number appearing on
23the voting identification card. Each register of deeds shall obtain sufficient
24registration forms at the expense of the unit of government by which he or she is
1employed for completion by any elector who desires to register to vote at the office
2of the register of deeds under s. 6.28 (3).
AB808, s. 15
3Section
15. 6.33 (2) (b) of the statutes is amended to read:
AB808,11,84
6.33
(2) (b) Except as provided in s. 6.86 (3) (a) 2., the registration form shall
5be signed by the registering elector
and any corroborating elector under s. 6.29 (2)
6(a) or 6.55 (2) before the clerk, issuing officer or registration deputy. The form shall
7contain a certification by the registering elector that all statements are true and
8correct.
AB808, s. 16
9Section
16. 6.33 (5) (a) of the statutes is amended to read:
AB808,11,2010
6.33
(5) (a) Except as provided in par. (b), whenever a municipal clerk receives
11a valid registration or valid change of a name or address under an existing
12registration and whenever a municipal clerk changes a registration from eligible to
13ineligible status, the municipal clerk shall promptly enter electronically on the list
14maintained by the board under s. 6.36 (1) the information required under that
15subsection, except that the municipal clerk may update any entries that change on
16the date of an election in the municipality within 30 days after that date, and the
17municipal clerk shall provide to the board information that is confidential under s.
186.47 (2) in such manner as the board prescribes.
If an elector registers after the close
19of registration for an election, the municipal clerk shall enter a notation to that effect
20indicating the date of registration.
AB808, s. 17
21Section
17. 6.36 (1) (a) of the statutes is amended to read:
AB808,12,1122
6.36
(1) (a) The board shall compile and maintain electronically an official
23registration list. The list shall contain the name and address of each registered
24elector in the state, the date of birth of the elector, the ward and aldermanic district
25of the elector, if any, and, for each elector, a unique registration identification number
1assigned by the board, the number of a valid operator's license issued to the elector
2under ch. 343, if any, or the last 4 digits of the elector's social security account
3number, if any, any identification serial number issued to the elector under s. 6.47
4(3), the date of any election in which the elector votes, an indication of whether the
5elector is an overseas elector, as defined in s. 6.24 (1),
any information relating to the
6elector that appears on the list transmitted to the board by the department of
7corrections under s. 301.03 (20), an indication of any accommodation required under
8s. 5.25 (4) (a) to permit voting by the elector, an indication of the method by which
9the elector's registration form was received, and such other information as may be
10determined by the board to facilitate administration of elector registration
11requirements.
AB808,12,2314
6.36
(2) (a) Except as provided in pars. (b) and (c), each registration list
15prepared for use as a poll list at a polling place shall contain the full name and
16address of each registered elector; a blank column for the entry of the serial number
17of the electors when they vote; if the list is prepared for use at an election for national
18office, an indication next to the name of each elector for whom identification is
19required under par. (c) 2.;
if the elector's name appears on the current list
20transmitted to the board by the department of corrections under s. 301.03 (20), a
21notation to that effect; and a form of certificate bearing the certification of the
22executive director of the board stating that the list is a true and complete registration
23list of the municipality or the ward or wards for which the list is prepared.
AB808, s. 19
24Section
19. 6.55 (2) (a) 1. of the statutes is amended to read:
AB808,13,9
16.55
(2) (a) 1. Except where the procedure under par. (c) or (cm) is employed,
2any person who qualifies as an elector in the ward or election district where he or she
3desires to vote, but has not previously filed a registration form, or was registered at
4another location, may request permission to vote at the polling place for that ward
5or election district, or at an alternate polling place assigned under s. 5.25 (5) (b).
6When a proper request is made, the inspector shall require the person to execute a
7registration form prescribed by the board. The registration form shall be completed
8in the manner provided under s. 6.33 (2) and shall contain all information required
9under s. 6.33 (1), together with the following certification:
AB808,13,13
10"I, ...., hereby certify that to the best of my knowledge, I am a qualified elector,
11having resided at .... for at least 10 days immediately preceding this election,
and
12that I am not disqualified on any ground from voting, and I have not voted, at this
13election."
AB808, s. 20
14Section
20. 6.55 (2) (b) of the statutes is amended to read:
AB808,14,615
6.55
(2) (b) Upon executing the registration form under par. (a), the elector
16shall
be required by a special registration deputy or inspector to present an
17identifying document. If any document presented is not acceptable proof of residence
18under sub. (7), the elector shall also provide acceptable proof of residence under sub.
19(7).
If the elector cannot provide acceptable proof of residence, the information
20contained in the registration form shall be corroborated in a statement that is signed
21by any elector who resides in the same municipality as the registering elector and
22that contains the current street address of the corroborating elector. The
23corroborator shall then provide acceptable proof of residence as provided in sub. (7). 24The signing by the elector executing the registration form
and by any corroborator 25shall be in the presence of the special registration deputy or inspector. Upon
1compliance with this procedure, the elector shall be permitted to cast his or her vote,
2if the elector complies with all other requirements for voting at the polling place
,
3except that if the elector cannot provide an identifying document, the special
4registration deputy or inspector shall accept the elector's registration, but shall
5advise the elector that if the elector wishes to vote, his or her ballot will be challenged
6under s. 6.92 (1m).
AB808, s. 21
7Section
21. 6.55 (2) (c) 1. of the statutes is amended to read:
AB808,15,88
6.55
(2) (c) 1. As an alternative to registration at the polling place under pars.
9(a) and (b), the board of election commissioners, or the governing body of any
10municipality may by resolution require a person who qualifies as an elector and who
11is not registered and desires to register on the day of an election to do so at another
12readily accessible location in the same building as the polling place serving the
13elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b),
14instead of at the polling place serving the elector's residence. In such case, the
15municipal clerk shall prominently post a notice of the registration location at the
16polling place. The municipal clerk, deputy clerk or special registration deputy at the
17registration location shall require such person to execute a registration form as
18prescribed under par. (a) and to
present an identifying document. If any document
19presented by the person is not acceptable proof of residence under sub. (7), the person
20shall also provide acceptable proof of residence as provided under sub. (7).
If the
21elector cannot provide acceptable proof of residence, the information contained in the
22registration form shall be corroborated in the manner provided in par. (b). The
23signing by the
elector person executing the registration form
and by any
24corroborator, except as provided under par. (a) shall be in the presence of the
25municipal clerk, deputy clerk
, or special registration deputy.
Upon Except as
1provided in this subdivision, upon proper completion of registration, the municipal
2clerk, deputy clerk
, or special registration deputy shall serially number the
3registration and give one copy to the
elector person for presentation at the polling
4place serving the
elector's person's residence or an alternate polling place assigned
5under s. 5.25 (5) (b).
If the elector cannot provide an identifying document, the
6municipal clerk, deputy clerk, or special registration deputy shall accept the elector's
7registration, but shall advise the elector that if the elector wishes to vote, his or her
8ballot will be challenged under s. 6.92 (1m).
AB808, s. 22
9Section
22. 6.55 (2) (c) 2. of the statutes is amended to read:
AB808,15,1810
6.55
(2) (c) 2. Upon
compliance with
completion of the procedures under subd.
111., the municipal clerk or deputy clerk shall issue a certificate addressed to the
12inspectors of the proper polling place directing that the elector be permitted to cast
13his or her vote if the elector complies with all requirements for voting at the polling
14place. The clerk shall enter the name and address of the elector on the face of the
15certificate.
If the elector's registration is corroborated, the clerk shall also enter the
16name and address of the corroborator on the face of the certificate. The certificate
17shall be numbered serially and prepared in duplicate. The municipal clerk shall
18preserve one copy in his or her office.
AB808, s. 23
19Section
23. 6.55 (2) (cs) of the statutes is created to read:
AB808,16,920
6.55
(2) (cs) The board shall provide to each municipal clerk a list prepared for
21use at each polling place showing the name and address of each person whose name
22appears on the list provided by the department of corrections under s. 301.03 (20) as
23ineligible to vote on the date of the election, whose address is located in the area
24served by that polling place, and whose name does not appear on the poll list for that
25polling place. Prior to permitting an elector to register to vote under this subsection
1or s. 6.86 (3) (a) 2., the special registration deputies shall review the list. If the name
2of an elector who wishes to register to vote appears on the list, the special registration
3deputies shall inform the elector or the elector's agent that the elector is ineligible
4to register to vote. If the elector or the elector's agent maintains that the elector is
5eligible to vote in the election, the special registration deputies shall permit the
6elector to register but shall mark the elector's registration form as "ineligible to vote
7per Department of Corrections." If the elector wishes to vote, the inspectors shall
8require the elector to vote by ballot and shall challenge the ballot as provided in s.
96.79 (2) (dm).
AB808, s. 24
10Section
24. 6.55 (3) of the statutes is renumbered 6.55 (3) (a) and amended to
11read:
AB808,17,812
6.55
(3) (a) Any qualified elector in the ward or election district where the
13elector desires to vote whose name does not appear on the registration list but who
14claims to be registered to vote in the election may request permission to vote at the
15polling place for that ward or election district. When the request is made, the
16inspector shall require the person to give his or her name and address. If the elector
17is not at the polling place which serves the ward or election district where the elector
18resides, the inspector shall provide the elector with directions to the correct polling
19place. If the elector is at the correct polling place, the elector shall then execute the
20following written statement: "I, ...., hereby certify that to the best of my knowledge,
21I am a qualified elector, having resided at .... for at least 10 days immediately
22preceding this election, and
that I am not disqualified on any ground from voting, and 23I have not voted at this election and am properly registered to vote in this election."
24The person shall be required to provide acceptable proof of residence as provided
25under sub. (7) and shall then be given the right to vote. If the elector cannot provide
1acceptable proof of residence, the statement shall be certified by the elector and shall
2be corroborated in a statement that is signed by any other elector who resides in the
3municipality and that contains the current street address of the corroborating
4elector. The corroborator shall then provide acceptable proof of residence as provided
5in sub. (7). Whenever the question of identity or residence cannot be satisfactorily
6resolved and the elector cannot be permitted to vote, an inspector shall telephone the
7office of the municipal clerk to reconcile the records at the polling place with those
8at the office.
AB808, s. 25
9Section
25. 6.55 (3) (b) of the statutes is created to read: