LRB-3947/4
JTK:cx:pg
2005 - 2006 LEGISLATURE
February 20, 2006 - Introduced by Joint Legislative Council. Referred to
Committee on Labor and Election Process Reform.
SB612,2,17
1An Act to repeal 5.02 (6m), 6.28 (3), 6.55 (7), 6.56 (2), 6.87 (3) (c) and 12.13 (4);
2to renumber 6.36 (2) (c) 1. a. and b.;
to renumber and amend 5.90, 6.22 (4),
36.36 (2) (c) 1. (intro.), 6.36 (2) (c) 2., 6.55 (3) and 7.30 (1);
to amend 5.35 (6) (a)
44a., 6.15 (2) (d) 1r., 6.15 (3), 6.15 (4) (a) to (d), 6.15 (6), 6.21, 6.22 (2) (b), 6.22 (5),
56.24 (4) (d), 6.24 (6), 6.25 (1), 6.25 (2), 6.25 (4) (b), 6.26 (2) (c), 6.26 (3), 6.275 (1)
6(c), 6.276 (1), 6.28 (1), 6.29 (1), 6.29 (2) (a), 6.29 (2) (b), 6.32 (title), (1) and (4),
76.33 (1), 6.33 (2) (a), 6.36 (1) (a), 6.36 (2) (a), 6.50 (3), 6.55 (2) (a) 1. (form), 6.55
8(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
9(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),
106.865 (1), 6.865 (3), 6.87 (2) (form), 6.87 (3) (a) and (b), 6.87 (3) (d), 6.87 (4), 6.87
11(6), 6.87 (9), 6.875 (4) and (6), 6.88 (1) to (3), 6.93, 6.935, 6.97 (1), 6.97 (2), 7.03
12(1) (a), 7.08 (1) (c), 7.08 (8) (title), 7.10 (9), 7.15 (1) (e), 7.15 (11), 7.23 (1) (a), 7.30
13(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
14(4) (b) 1., 7.30 (4) (b) 2., 7.30 (4) (c), 7.30 (6) (a), 7.30 (6) (b), 7.30 (6) (c), 7.32, 7.33
1(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),
27.51 (4) (a), 7.51 (5) (a), 7.51 (5) (b), 7.53 (1), 7.53 (2) (a), 7.53 (2) (d), 7.60 (2), 8.10
3(3) (intro.), 8.15 (4) (a), 8.20 (3), 8.37, 8.40 (2), 9.01 (1) (ag) 1., 1m. and 2., 9.01
4(1) (b) (intro.), 9.01 (10), 9.10 (2) (b), 9.10 (2) (d), 9.10 (2) (em) 2., 9.10 (4) (a),
510.01 (2) (e), 10.02 (3) (a), 12.03 (title) and (1), 12.04 (2), 12.07 (2), 12.60 (1) (b),
612.60 (1) (c), 12.60 (1) (d), 17.29, 302.117, 880.33 (9), 973.09 (4m) and 973.176
7(2);
to repeal and recreate 12.03 (2) and 12.09; and
to create 5.02 (16g), 5.35
8(6) (c), 5.68 (3m), 5.90 (2) and (3), 6.22 (4) (c), 6.22 (4) (f) to (h), 6.22 (5m), 6.26
9(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
10(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
11(1) (c), 6.865 (3m), 6.875 (7), 6.88 (3) (c), 7.08 (9), 7.10 (1) (d), 7.15 (1) (L), 7.15
12(1m), 7.15 (2m), 7.23 (1) (am), 7.30 (1) (b), 7.30 (6) (am), 7.315, 7.37 (13), 7.41
13(5), 7.51 (5) (a) 5., 7.52, 7.53 (2) (a) 3., 7.53 (2m), 9.01 (1) (ag) 2m., 12.035, 12.13
14(3) (ze), 301.03 (3a), 301.03 (20) and 343.11 (2m) of the statutes;
relating to:
15administration of elections; providing exemptions from and extending the time
16limit for emergency rule procedures; granting rule-making authority; and
17providing penalties.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
For further information see the state and local 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:
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