SB640: Bill Text

SB640,13,25 2. To permit a military elector or an overseas elector under subd. 1. to designate whether the elector wishes to receive the applications under subd. 1. electronically or by mail.

SB640,14,4 3. To permit a municipal clerk to transmit to a military elector or an overseas elector under subd. 1. a registration application or absentee ballot application electronically or by mail, as directed by the elector under subd. 2., together with related voting, balloting, and election information.

SB640, s. 5 Section 5. 5.05 (16) of the statutes is created to read:

SB640,14,9 5.05 (16) Interagency agreements. The board may enter into an agreement with any agency, as defined in s. 16.70 (1e), to enable electronic matching of publicly available information in the records of the agency with records of the board to facilitate administration of elector registration by the board under s. 6.256 (1).

SB640, s. 6 Section 6. 5.056 of the statutes is amended to read:

SB640,14,19 5.056 Matching program with secretary of transportation. The administrator of the elections division of the board shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the board under s. 6.36 (1), the information specified in s. 6.34 (2n), and other information specified in s. 6.256 (2) with personally identifiable information maintained by the department of transportation. The agreement shall provide for the electronic transfer of information under s. 6.256 (2) to the board on a continuous basis, no less often than monthly.

SB640, s. 7 Section 7. 5.06 (2) of the statutes is amended to read:

SB640,15,4 5.06 (2) No Except as authorized in ss. 5.07 (2) and 12.17 (3), no person who is authorized to file a complaint under sub. (1), other than the attorney general or a district attorney, may commence an action or proceeding to test the validity of any decision, action or failure to act on the part of any election official with respect to any matter specified in sub. (1) without first filing a complaint under sub. (1), nor prior to disposition of the complaint by the board. A complaint is deemed disposed of if the board fails to transmit an acknowledgment of receipt of the complaint within 5 business days from the date of its receipt or if the board concludes its investigation without a formal decision.

SB640, s. 8 Section 8. 5.07 of the statutes is renumbered 5.07 (1).

SB640, s. 9 Section 9. 5.07 (2) of the statutes is created to read:

SB640,15,13 5.07 (2) Whenever a violation of s. 5.25 (4) (b), 5.34, 5.35 (6) (a) 4c., 7.08 (3), 12.09, or 12.19 occurs or is proposed to occur, any elector of this state may sue for injunctive relief, a writ of mandamus or prohibition, or such other legal or equitable relief as may be appropriate to compel compliance with the law. The action shall be filed in circuit court for the county where the violation occurs or is proposed to occur. In such actions, the court shall award costs and reasonable actual attorney fees to the plaintiff if the plaintiff prevails in the action.

SB640, s. 10 Section 10. 5.25 (4) (b) of the statutes is amended to read:

SB640,15,19 5.25 (4) (b) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in any a language other than English, the board shall, for each such language, ensure that the notices specified in s. 5.35 (6) are given in that language and the voting system used at each polling place in that jurisdiction is in compliance with 42 USC 1973aa-1a.

SB640, s. 11 Section 11. 5.25 (4) (c) of the statutes is created to read:

SB640,16,3 5.25 (4) (c) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in a language other than English, the municipal clerk or board of election commissioners shall, for each such language, contact and coordinate with organizations that advocate for the rights of individuals who speak that language to ensure that each polling place in the jurisdiction adequately serves the needs of those individuals and shall endeavor to ensure that at least one of the election officials who serves at each polling place in the jurisdiction speaks that language.

SB640, s. 12 Section 12. 5.34 of the statutes is created to read:

SB640,16,5 5.34 Voter's bill of rights. Every qualified elector has the right to:

SB640,16,6 (1) Inspect a sample ballot before voting.

SB640,16,7 (2) Cast a ballot if he or she is in line when his or her polling place closes.

SB640,16,10 (3) Ask for and receive assistance in voting, including assistance in a language other than English if the elector resides in a jurisdiction where voting materials must be provided in that language under 42 USC 1073aa-1a.

SB640,16,12 (4) Receive a replacement ballot, up to 3 ballots in all, if he or she spoils a ballot before casting that ballot.

SB640,16,13 (5) Cast a provisional ballot whenever permitted under s. 6.96 or 6.97.

SB640,16,15 (6) Vote free from coercion or intimidation by any election official or other person.

SB640,16,17 (7) Cast a ballot using voting materials or equipment that enables the elector's ballot to be counted accurately.

SB640, s. 13 Section 13. 5.35 (6) (a) (intro.) of the statutes is amended to read:

SB640,16,22 5.35 (6) (a) (intro.) At Except as authorized under par. (d), at each polling place in the state, the municipal clerk or board of election commissioners shall post the following materials, positioned so that they may be readily observed by electors entering the polling place or waiting in line to vote:

SB640, s. 14 Section 14. 5.35 (6) (a) 4c. of the statutes is created to read:

SB640,16,24 5.35 (6) (a) 4c. A copy of the voter's bill of rights under s. 5.34.

SB640, s. 15 Section 15. 5.35 (6) (a) 5. of the statutes is amended to read:

SB640,17,2 5.35 (6) (a) 5. Any other voting information directed to be posted by the board to be posted, or noticed under par. (d).

SB640, s. 16 Section 16. 5.35 (6) (b) of the statutes is amended to read:

SB640,17,15 5.35 (6) (b) At Except as authorized under par. (d), at each polling place in the state where a consolidated ballot under s. 5.655 is used or an electronic voting system is utilized at a partisan primary election incorporating a ballot upon which electors may mark votes for candidates of more than one recognized political party or for candidates of a recognized political party and independent candidates, the municipal clerk or board of election commissioners shall prominently post a sign in the form prescribed by the board warning electors in substance that on any ballot with votes cast for candidates of more than one recognized political party or any ballot with votes cast for candidates of a recognized political party and independent candidates, no votes cast for any candidates for partisan office will be counted unless a preference for a party or for the independent candidates is made. If the elector designates a preference, only votes cast for candidates of that preference will be counted.

SB640, s. 17 Section 17. 5.35 (6) (c) of the statutes is amended to read:

SB640,17,22 5.35 (6) (c) At Except as authorized in par. (d), at each polling place located in a municipality that is served by more than one polling place for an election, the municipal clerk or board of election commissioners shall prominently post a map of the geographic area served by the polling place for that election. The posting shall clearly show the boundaries of the ward or wards served by the polling place for that election.

SB640, s. 18 Section 18. 5.35 (6) (d) of the statutes is created to read:

SB640,18,5 5.35 (6) (d) As an alternative to any posting requirement under this subsection, the board may authorize another means of providing notice to affected electors of the information specified in this subsection if the board determines that an alternative means of providing the information will provide notice to affected electors of that information that is at least as effective as posting. Any authorization under this paragraph shall be in writing and shall specify the particular alternative means of notification of electors that may be used by a municipality.

SB640, s. 19 Section 19. 5.84 (1) of the statutes is amended to read:

SB640,18,25 5.84 (1) Where any municipality employs an electronic voting system which utilizes automatic tabulating equipment, either at the polling place or at a central counting location, the municipal clerk shall, on any day not more than 10 days after ballots become available prior to the date of the election day on at which the equipment is to be utilized, have the equipment tested to ascertain that it will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given by the clerk at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in one or more newspapers published within the municipality if a newspaper is published therein, otherwise in a newspaper of general circulation therein. The test shall be open to the public. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each referendum. The test shall include for each office one or more ballots which have votes in excess of the number allowed by law and, for a partisan primary election, one or more ballots which have votes cast for candidates of more than one recognized political party, in order to test the ability of the automatic tabulating equipment to reject such votes. If any error is detected, the municipal clerk shall ascertain the cause and correct the error. The clerk shall make an errorless count before the automatic tabulating equipment is approved by the clerk for use in the election.

SB640, s. 20 Section 20. 6.22 (2) (e) of the statutes is created to read:

SB640,19,7 6.22 (2) (e) A military elector may file an application for an absentee ballot by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector an absentee ballot or, if the elector so requests, shall transmit an absentee ballot to the elector by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3) (d).

SB640, s. 21 Section 21. 6.22 (4) (a) of the statutes is amended to read:

SB640,19,15 6.22 (4) (a) A request for an absentee ballot by an individual who qualifies as a military elector shall be treated as a request for an absentee ballot for all elections unless the individual otherwise requests. Upon receiving a timely request for an absentee ballot under par. (b) by an individual who qualifies as a military elector, the municipal clerk shall send or transmit to the elector an absentee ballot for all elections that occur in the municipality or portion thereof where the elector resides beginning on the date that the clerk receives the request.

SB640, s. 22 Section 22. 6.22 (4) (e) of the statutes is amended to read:

SB640,20,2 6.22 (4) (e) Whenever the material is mailed, the material shall be prepared and mailed to make use of the federal free postage laws. If the material does not qualify for mailing without postage under federal free postage laws, the municipal clerk shall pay the postage required for mailing to the military elector. If the return envelope qualifies for mailing free of postage under federal free postage laws, the clerk shall affix the appropriate legend required by U.S. postal regulations. Otherwise the municipal clerk shall pay the postage required for return when the ballot is mailed from within the United States. If the ballot is not mailed by the military elector from within the United States the military elector shall provide return postage. The mailing list established under this subsection shall be kept current in the same manner as provided in s. 6.86 (2) (b).

SB640, s. 23 Section 23. 6.22 (6) of the statutes is amended to read:

SB640,20,15 6.22 (6) Military elector list. Each municipal clerk shall keep an up-to-date list of all eligible military electors who reside in the municipality ; city clerks shall keep the lists by wards in the format prescribed by the board. The list shall contain the name, latest-known military residence and military mailing address of each military elector. The list shall indicate whether each elector whose name appears on the list is a military elector, as defined in s. 6.36 (2) (c) 6.34 (1), and has so certified under s. 6.865 (3m). All persons over 18 years of age or who will be 18 years old prior to an election shall be listed and remain on the list for the duration of their tour of duty. The list shall be kept current through all possible means. Each clerk shall exercise reasonable care to avoid duplication of names or listing anyone who is not eligible to vote. Each clerk shall distribute 2 copies of one copy of the list to the appropriate ward each polling place in the municipality for use on election day.

SB640, s. 24 Section 24. 6.221 (1) of the statutes is amended to read:

SB640,20,18 6.221 (1) In this section, "military elector" has the meaning given in s. 6.36 (2) (c) 6.34 (1) and active duty status for any election is determined as of election day.

SB640, s. 25 Section 25. 6.221 (3) (b) of the statutes is amended to read:

SB640,20,25 6.221 (3) (b) At the general election, the presidential preference primary, or a special election for national office, a ballot that is cast under s. 6.22 by an elector who is a military elector, that is received by mail from the U.S. postal service, and that is postmarked no later than election day shall be counted as provided in this section if it is received by a municipal clerk no later than 5 p.m. on the 10th day after the election.

SB640, s. 26 Section 26. 6.24 (4) (c) of the statutes is amended to read:

SB640,21,22 6.24 (4) (c) Upon receipt of a timely application from an individual who qualifies as an overseas elector and who has registered to vote in a municipality under sub. (3), the municipal clerk of the municipality shall send an absentee ballot to the individual for all subsequent elections for national office to be held during the year in which the ballot is requested, except as otherwise provided in this paragraph, unless the individual otherwise requests or until the individual no longer qualifies as an overseas elector. of the municipality. The clerk shall not send an absentee ballot for an election if the overseas elector's name appeared on the registration list in eligible status for a previous election following the date of the application but no longer appears on the list in eligible status. The municipal clerk shall ensure that the envelope containing the absentee ballot is clearly marked as not forwardable. If an overseas elector who files an application under this subsection no longer resides at the same address that is indicated on the application form, the elector shall so notify the municipal clerk. The municipal clerk shall discontinue mailing absentee ballots to an overseas elector under this subsection if the elector fails to return any absentee ballot mailed to the elector. The municipal clerk shall notify the elector of any such action not taken at the elector's request within 5 days, if possible. An overseas elector who fails to cast an absentee ballot but who remains qualified to receive absentee ballots under this subsection may then receive absentee ballots for subsequent elections by notifying the municipal clerk that the elector wishes to continue receiving absentee ballots for subsequent elections.

SB640, s. 27 Section 27. 6.24 (4) (e) of the statutes is created to read:

SB640,22,4 6.24 (4) (e) An overseas elector may file an application for an absentee ballot by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector an absentee ballot or, if the elector so requests, shall transmit an absentee ballot to the elector by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3) (d).

SB640, s. 28 Section 28. 6.25 (1) of the statutes is amended to read:

SB640,22,15 6.25 (1) Any individual who qualifies as a military elector under s. 6.22 (1) (b) or an overseas elector under s. 6.24 (1) and who transmits an application for an official absentee ballot for a general election an election for national office, including a primary election, no later than 30 days before election day the latest time specified for the elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all of the candidates of any recognized political party for national office listed on the official ballot at the general that election if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the applicable time prescribed in s. 6.221 (3) or 6.87 (6).

SB640, s. 29 Section 29. 6.25 (4) (intro.), (a) and (b) of the statutes are consolidated, renumbered 6.25 (4) and amended to read:

SB640,22,22 6.25 (4) A write-in absentee ballot issued under sub. (1), (2) or (3) is valid only if all of the following apply: (a) The ballot is submitted from a location outside the United States. (b) The the elector submitting the ballot does not submit an official ballot within the time prescribed in s. 6.87 (6) and, if the elector is an overseas elector, the ballot is submitted from a location outside the United States.

SB640, s. 30 Section 30. 6.256 of the statutes is created to read:

SB640,23,3 6.256 Board shall facilitate registration of electors. (1) Except as provided for electors specified in sub. (8) and as otherwise expressly provided, the board shall use all feasible means to facilitate the registration of all eligible electors of this state who are subject to a registration requirement and the maintenance of the registration of all eligible electors for so long as they remain eligible.

SB640,23,6 (2) For the purpose of carrying out its functions under sub. (1), the board shall obtain the following information from the department of transportation, to the extent that the department has the information:

SB640,23,10 (a) The full name of each individual who holds a current operator's license issued to the individual under ch. 343 or a current identification card issued to the individual under s. 343.50, together with the following information pertaining to that individual:

SB640,23,12 1. The current address of the individual together with any address history maintained by the department of transportation.

SB640,23,13 2. The date of birth of the individual.

SB640,23,14 3. The number of the license or identification card issued to the individual.

SB640,23,17 4. The individual's citizenship and any information pertaining to that citizenship and whether the individual provided proof of citizenship or other attestation of citizenship to the department of transportation.

SB640,23,20 (b) For each item of information specified in this subsection, the most recent date that the item of information was provided or obtained by the department of transportation.

SB640,23,24 (3) The board shall compare the information obtained under sub. (2) with the information in the registration list under s. 6.36 (1) (a) and shall update that information, correct inaccuracies in that information, and eliminate duplications in the list.

SB640,24,13 (4) Except as provided in sub. (8) and this subsection, if the board concludes that an individual appears eligible to vote in this state but is not registered, and the board has obtained from reliable sources all the information required under s. 6.33 (1) to complete the individual's registration, the board shall enter the individual's name on the registration list. If the board has not obtained from reliable sources all the information pertaining to an individual that is required under s. 6.33 (1), the board shall attempt to obtain from reliable sources the necessary information under s. 6.33 (1) that is required to complete the individual's registration. If a municipality has changed the status of an elector from eligible to ineligible under s. 6.50 (1) and the elector's eligibility, name, or residence have not changed, the board shall not change the individual's name to eligible status unless the board first verifies that the individual is eligible and wishes to change his or her status to eligible.

SB640,24,16 (5) The board shall attempt to contact individuals described in sub. (4) if necessary to obtain all the information specified in s. 6.33 (1) pertaining to the individual that is required to complete the individual's registration.

SB640,24,19 (6) If the board is able to obtain all the required information specified in s. 6.33 (1) pertaining to an individual, the board shall enter the name of the individual on the registration list maintained under s. 6.36 (1) (a).

SB640,25,3 (7) If an individual's name is entered on the registration list by initiative of the board, the individual's registration is not valid until the individual confirms the registration under this subsection on a form prescribed by the board. If any information obtained by the board is not correct or accurate as of the confirmation date, the individual shall correct the information before confirming his or her registration. The confirmation shall affirm that all information is correct and accurate as of the date of confirmation, subject to all penalties prescribed by law for falsifying information or registration. An individual may confirm his or her registration by any of the following means:

SB640,25,5 (a) By electronic means on the Internet using a secure procedure prescribed by the board.

SB640,25,6 (b) By mail.

SB640,25,9 (c) By appearing in person at the office of the municipal clerk serving the municipality where the elector resides or at the polling place serving his or her residence.

SB640,25,21 (8) Any individual may file a request with the board to exclude his or her name from the registration list. Any individual whose name is added to the registration list by the board may file a request with the board to have his or her name deleted from the list. A request for exclusion or deletion shall be filed on a form prescribed by the board and may be filed by any means specified in sub. (7). An individual who files an exclusion or deletion request under this subsection may revoke his or her request by the same means that an individual may request an exclusion or deletion. The board shall ensure that the name of any individual who has filed an exclusion or deletion request under this subsection is excluded from the registration list or if the individual's name appears on the list, is removed from the registration list and is not added to the list at any subsequent time unless the individual files a revocation of his or her request under this subsection.

SB640,26,3 (9) If the board removes from the registration list the name of an elector who does not request that his or her name be deleted, other than to correct an entry that the board positively determines to be a duplication or to change the name of an individual who is verified to be deceased to ineligible status, the board shall mail the individual a notice of the removal or change in status by 1st class postcard at the individual's last-known address. The notice shall provide that the individual may apply to have his or her status changed to eligible if he or she is a qualified elector.

SB640,26,5 (10) The board shall attempt to facilitate the initial registration of all eligible electors, except as otherwise provided in this section, no later than July 1, 2015.

SB640,26,9 (11) The board shall maintain the confidentiality of all information obtained from the department of transportation under sub. (2) and may use this information only for the purpose of carrying out its functions under sub. (1) and s. 6.34 (2n) and in accordance with the agreement under s. 85.61 (1).

SB640, s. 31 Section 31. 6.275 (1) (c) of the statutes is amended to read:

SB640,26,13 6.275 (1) (c) The total number of electors of the municipality residing in that county who registered or confirmed their registrations after the close of registration and prior to the day of the primary or election under ss. 6.29 and 6.86 (3) (a) 2.

SB640, s. 32 Section 32. 6.275 (1) (d) of the statutes is amended to read:

SB640,26,17 6.275 (1) (d) The total number of electors of the municipality residing in that county who registered or confirmed their registrations on the day of the primary or election under ss. 6.55 and 6.86 (3) (a) 2.

SB640, s. 33 Section 33. 6.28 (1) of the statutes is amended to read:

SB640,27,13 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 3rd 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 3rd Wednesday preceding the election. All applications for registration corrections and additions and registration confirmations 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 the county clerk, 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 each location unless the location can be sufficiently staffed by the board of election commissioners or the municipal clerk or his or her deputies. 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.

SB640, s. 34 Section 34. 6.28 (4) of the statutes is amended to read:

SB640,27,24 6.28 (4) At the office of the county clerk. Any person shall be given an opportunity to register to vote or to file a registration confirmation form under s. 6.256 (7) at the office of the county clerk for the county in which the person's residence is located. An applicant for registration may complete the required registration form under s. 6.33. Unless the county clerk performs registration functions for the municipality where the elector resides under s. 6.33 (5) (b), the county clerk shall forward the each form submitted by an elector to the appropriate municipal clerk, or to the board of election commissioners in cities over 500,000 population within 5 days of receipt. The clerk shall forward the form immediately whenever registration closes within 5 days of receipt.

SB640, s. 35 Section 35. 6.29 (1) of the statutes is amended to read:

SB640,28,6 6.29 (1) No names may be added to a registration list for any election after the close of registration, except as authorized under this section or s. 6.55 (2) or 6.86 (3) (a) 2. Any person whose name is not on the registration list but who is otherwise a qualified elector and any elector whose name appears on the registration list but whose registration has not been confirmed is entitled to vote at the election upon compliance with this section.