AB869: Bill Text

AB869,19,20 6.35 (2) The board shall prescribe, by rule, the procedure and methods by which municipal clerks and boards of election commissioners shall maintain records of registrations that are entered electronically under s. 6.30 (5).

AB869,26 Section 26. 6.36 (1) (a) of the statutes is amended to read:

AB869,20,13 6.36 (1) (a) The board shall compile and maintain electronically an official registration list. The list shall contain the name and address of each registered elector in the state, the date of birth of the elector, the ward and aldermanic district of the elector, if any, and, for each elector, a unique registration identification number assigned by the board, the number of a valid operator's license issued to the elector under ch. 343, if any, or the last 4 digits of the elector's social security account number, if any, any identification serial number issued to the elector under s. 6.47 (3), the date of any election in which the elector votes, an indication of whether the elector is an overseas elector, as defined in s. 6.24 (1), any information relating to the elector that appears on the current list transmitted to the board by the department of corrections under s. 301.03 (20m), an indication of any accommodation required under s. 5.25 (4) (a) to permit voting by the elector, an indication of the method by which the elector's registration form was received, if any information in the elector's registration was obtained by initiative of the board, whether the registration of the individual has been confirmed under s. 6.256 (7), and such other information as may be determined by the board to facilitate administration of elector registration requirements.

AB869,27 Section 27. 6.36 (2) (a) of the statutes is amended to read:

AB869,21,6 6.36 (2) (a) Except as provided in par. (b), each registration list prepared for use as a poll list at a polling place or for purposes of canvassing absentee ballots at an election shall contain the full name and address of each registered elector; a blank column for the entry of the serial number of the electors when they vote or the poll list number used by the municipal board of absentee ballot canvassers in canvassing absentee ballots; an indication whether the registration of the elector has been confirmed under s. 6.256 (7), if confirmation is required; an indication next to the name of each elector for whom proof of residence under s. 6.34 is required; a space for entry of the elector's signature, or if another person signed the elector's registration form for the elector by reason of the elector's physical disability, the word "exempt"; and a form of certificate bearing the certification of the administrator of the elections division of the board stating that the list is a true and complete registration list of the municipality or the ward or wards for which the list is prepared. The board shall, by rule, prescribe the space and location for entry of each elector's signature on the poll list which shall provide for entry of the signature without changing the orientation of the poll list from the orientation used by the election officials.

AB869,28 Section 28. 6.36 (2) (c) of the statutes is amended to read:

AB869,21,14 6.36 (2) (c) The list shall contain, next to the name of each elector, an indication of whether proof of residence under s. 6.34 is required for the elector to be permitted to vote. Proof Except as authorized in s. 6.34 (2m) and (2n), proof of residence is required if the elector is not a military elector or an overseas elector and the elector registers by mail or by electronic application or has not confirmed his or her registration under s. 6.256 (7) and has not previously voted in an election in this state.

AB869,29 Section 29. 6.40 (1) (a) 1. of the statutes is amended to read:

AB869,22,3 6.40 (1) (a) 1. Any registered elector may transfer registration after a change of residence within the state by filing in person with the municipal clerk of the municipality where the elector resides 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 28 the number of consecutive days specified in s. 6.02 (1) 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), or, if the elector has a current and valid operator's license issued to the elector under ch. 343 or a current and valid identification card issued to the elector under s. 343.50, the elector may transfer his or her registration electronically under s. 6.30 (5). If an elector is voting in the ward or election district where the elector formerly resided, the change shall be effective for the next election.

AB869,30 Section 30. 6.40 (1) (c) of the statutes is amended to read:

AB869,22,13 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), or, if the elector has a current and valid operator's license issued to the elector under ch. 343 or a current and valid identification card issued under s. 343.50, the elector may make notification of a name change electronically under s. 6.30 (5).

AB869,31 Section 31. 6.50 (10) of the statutes is amended to read:

AB869,22,19 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 6.55 (2), or, if the elector has a current and valid operator's license issued to the elector under ch. 343 or a current and valid identification card issued under s. 343.50, may reregister under s. 6.30 (5).

AB869,32 Section 32. 6.54 of the statutes is amended to read:

AB869,22,25 6.54 Failure to register; rights. No name may be added to the registration list after the close of registration, but any person whose name is not on the registration list or whose registration has not been confirmed under s. 6.256 (7), if confirmation is required, but who is otherwise a qualified elector , is entitled to vote at the election upon compliance with s. 6.29 or 6.55.

AB869,33 Section 33. 6.55 (title) of the statutes is amended to read:

AB869,23,3 6.55 (title) Polling place registration and registration confirmation; voting by certification.

AB869,34 Section 34. 6.55 (2) (a) 1. of the statutes is amended to read:

AB869,23,15 6.55 (2) (a) 1. 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, whose registration appears on the registration list but has not been confirmed under s. 6.256 (7) or who was registered at another location, may request permission to vote at the polling place for that ward or election district, 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 a registration form or confirmation 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:

AB869,23,18 "I, ...., hereby certify that, to the best of my knowledge, I am a qualified elector, having resided at .... for at least 28 consecutive days immediately preceding this election, and I have not voted at this election."

AB869,35 Section 35. 6.55 (2) (b) of the statutes is amended to read:

AB869,24,2 6.55 (2) (b) Upon executing the a registration form or confirmation form under par. (a), the elector shall provide proof of residence under s. 6.34. The signing by the elector executing the registration form or confirmation form shall be in the presence of the special registration deputy or inspector who shall then print his or her name on and sign the form, indicating that the deputy or inspector has accepted the form. 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.

AB869,36 Section 36. 6.55 (2) (c) 1. of the statutes is amended to read:

AB869,24,23 6.55 (2) (c) 1. As an alternative to registration or confirmation of registration under par. (a) at the a 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 or confirmed and desires to register or confirm his or her registration on the day of an election to do so 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. An eligible elector who desires to register or confirm his or her registration shall execute a registration form or confirmation form as prescribed under par. (a) and provide proof of residence as provided under s. 6.34. The signing by the person executing the registration form or confirmation form shall be in the presence of the municipal clerk, deputy clerk or special registration deputy. The municipal clerk, the deputy clerk, or the special registration deputy shall then print his or her name and sign the form, indicating that the clerk, deputy clerk, or deputy has accepted the form. Upon proper completion of registration, the municipal clerk, deputy clerk or special registration deputy shall serially number the registration and give one copy to the person for presentation at the polling place serving the person's residence or an alternate polling place assigned under s. 5.25 (5) (b).

AB869,37 Section 37. 6.55 (2) (cs) of the statutes is amended to read:

AB869,25,16 6.55 (2) (cs) The board shall provide to each municipal clerk a list prepared for use at each polling place showing the name and address of each person whose name appears on the list provided by the department of corrections under s. 301.03 (20m) as ineligible to vote on the date of the election, whose address is located in the area served by that polling place, and whose name does not appear on the poll list for that polling place. Prior to permitting an elector to register to vote or to confirm a registration in accordance with s. 6.256 (7) under this subsection or s. 6.86 (3) (a) 2., the inspectors or special registration deputies shall review the list. If the name of an elector who wishes to register to vote appears on the list, the inspectors or special registration deputies shall inform the elector or the elector's agent that the elector is ineligible to register to vote. If the elector or the elector's agent maintains that the elector is eligible to vote in the election, the inspectors or special registration deputies shall permit the elector to register or to confirm his or her registration but shall mark the elector's registration form as "ineligible to vote per Department of Corrections." If the elector wishes to vote, the inspectors shall require the elector to vote by ballot and shall challenge the ballot as provided in s. 6.79 (2) (dm).

AB869,38 Section 38. 6.55 (2) (d) of the statutes is amended to read:

AB869,25,24 6.55 (2) (d) A registered elector who has changed his or her name but resides at the same address, and has not notified the municipal clerk previously provided notice of the change 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 elector has changed both a name and address, the elector shall register at the polling place or other registration location under pars. (a) and (b).

AB869,39 Section 39. 6.86 (3) (a) of the statutes is amended to read:

AB869,26,16 6.86 (3) (a) 1. Any elector who is registered and whose registration is confirmed, whenever confirmation is required, and who is hospitalized, may apply for and obtain an official ballot by agent. The agent may apply for and obtain a ballot for the hospitalized absent elector by presenting a form prescribed by the board and containing the required information supplied by the hospitalized elector and signed by that elector, unless the elector is unable to sign due to physical disability. In this case, the elector may authorize another elector to sign on his or her behalf. Any elector signing an application on another elector's behalf shall attest to a statement that the application is made on request and by authorization of the named elector, who is unable to sign the application due to physical disability. The agent shall present this statement along with all other information required under this subdivision. Except as authorized for an elector who has a confidential listing under s. 6.47 (2) or as authorized under s. 6.87 (4) (b) 4., the agent shall present any proof of identification required under sub. (1) (ar). The form shall include a space for the municipal clerk or deputy clerk to enter his or her initials indicating that the agent presented proof of identification to the clerk on behalf of the elector.

AB869,27,6 2. If a hospitalized elector is not registered or the elector's registration is not confirmed, the elector may register or confirm his or her registration by agent under this subdivision at the same time that the elector applies for an official ballot by agent under subd. 1. To register the elector under this subdivision, the agent shall present a completed registration form that contains the required information supplied by the elector and the elector's signature, unless the elector is unable to sign due to physical disability. In this case To confirm a registration under this subdivision, the agent shall present a completed registration confirmation form under s. 6.256 (7). If the elector is unable to sign either form due to physical disability, the elector may authorize another elector to sign on his or her behalf. Any elector signing a form on another elector's behalf shall attest to a statement that the application or confirmation is made on request and by authorization of the named elector, who is unable to sign the form due to physical disability. The agent shall present this statement along with all other information required under this subdivision. The agent shall provide proof of the elector's residence under s. 6.34.

AB869,40 Section 40. 6.86 (3) (c) of the statutes is amended to read:

AB869,28,3 6.86 (3) (c) An application under par. (a) 1. may be made and a registration form or confirmation form under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier than 7 days before an election and not later than 5 p.m. on the day of the election. A list of hospitalized electors applying for ballots under par. (a) 1. shall be made by the municipal clerk and used to check that the electors vote only once, and by absentee ballot. If Except as provided in s. 6.34 (2m) and (2n), if the elector is registering for the election after the close of registration or if the elector registered by mail or by electronic application or the elector confirmed his or her registration after the close of registration and has not voted in an election in this state, the municipal clerk shall inform the agent that proof of residence under s. 6.34 is required and the elector shall enclose proof of residence under s. 6.34 in the envelope with the ballot. The clerk shall verify that the name on any required proof of identification presented by the agent conforms to the name on the elector's application. The clerk shall then enter his or her initials on the carrier envelope indicating that the agent presented proof of identification to the clerk. The agent is not required to enter a signature on the registration list. The ballot shall be sealed by the elector and returned to the municipal clerk either by mail or by personal delivery of the agent; but if the ballot is returned on the day of the election, the agent shall make personal delivery to the polling place serving the hospitalized elector's residence before the closing hour or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk no later than 8 p.m. on election day.

AB869,41 Section 41. 6.87 (4) (b) 1. of the statutes is amended to read:

AB869,29,7 6.87 (4) (b) 1. Except as otherwise provided in sub. (2m) and s. 6.875, the elector voting absentee shall make and subscribe to the certification before one witness who is an adult U.S. citizen. The absent elector, in the presence of the witness, shall mark the ballot in a manner that will not disclose how the elector's vote is cast. The elector shall then, still in the presence of the witness, fold the ballots so each is separate and so that the elector conceals the markings thereon and deposit them in the proper envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that the elector conceals the markings thereon and deposit the ballot in the proper envelope. If proof of residence under s. 6.34 is required and the document enclosed by the elector under this subdivision does not constitute proof of residence under s. 6.34, the elector shall also enclose proof of residence under s. 6.34 in the envelope. Proof Except as authorized in s. 6.34 (2m) and (2n), proof of residence is required if the elector is not a military elector or an overseas elector and the elector registered by mail or by electronic application or confirmed his or her registration after the close of registration and has not voted in an election in this state. If the elector requested a ballot by means of facsimile transmission or electronic mail under s. 6.86 (1) (ac), the elector shall enclose in the envelope a copy of the request which bears an original signature of the elector. The elector may receive assistance under sub. (5). The return envelope shall then be sealed. The witness may not be a candidate. The envelope shall be mailed by the elector, or delivered in person, to the municipal clerk issuing the ballot or ballots. If the envelope is mailed from a location outside the United States, the elector shall affix sufficient postage unless the ballot qualifies for delivery free of postage under federal law. Failure to return an unused ballot in a primary does not invalidate the ballot on which the elector's votes are cast. Return of more than one marked ballot in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an electronic voting system in a primary which is marked for candidates of more than one party invalidates all votes cast by the elector for candidates in the primary.

AB869,42 Section 42. 7.08 (1) (c) of the statutes is amended to read:

AB869,29,13 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4) and (5), 6.33 (1), 6.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.

AB869,43 Section 43. 7.08 (1) (cm) of the statutes is created to read:

AB869,29,17 7.08 (1) (cm) Prescribe the form required by s. 6.30 (5). The form shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form.

AB869,44 Section 44. 12.13 (1) (b) of the statutes is amended to read:

AB869,29,21 12.13 (1) (b) Falsely procures registration, confirms inaccurate registration information, or makes false statements to the municipal clerk, board of election commissioners or any other election official whether or not under oath.

AB869,45 Section 45. 12.13 (1) (c) of the statutes is amended to read:

AB869,29,24 12.13 (1) (c) Registers as an elector in more than one place for the same election or confirms 2 or more simultaneous registrations to vote in the same election.

AB869,46 Section 46. 12.13 (1) (d) of the statutes is amended to read:

AB869,30,3 12.13 (1) (d) Impersonates a registered elector or a person whose unconfirmed registration appears on the registration list or poses as another person for the purpose of voting at an election.

AB869,47 Section 47. 12.13 (2) (b) 3. of the statutes is amended to read:

AB869,30,9 12.13 (2) (b) 3. Permit registration, confirmation of registration or receipt of a vote from a person who the official knows is not a legally qualified elector or who has refused after being challenged to make the oath or to properly answer the necessary questions pertaining to the requisite requirements and residence; or put into the ballot box a ballot other than the official's own or other one lawfully received.

AB869,48 Section 48. 85.61 (1) of the statutes is amended to read:

AB869,30,24 85.61 (1) The secretary of transportation and the administrator of the elections division of the government accountability board shall enter into an agreement to match personally identifiable information on the official registration list maintained by the government accountability board under s. 6.36 (1), the information specified in s. 6.34 (2m) and (2n), and other information specified in s. 6.256 (2) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341, notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), to the extent required to enable the secretary of transportation and the administrator of the elections division of the government accountability board to verify the accuracy of the information provided for the purpose of voter registration. Notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), but subject to s. 343.14 (2p) (b) the agreement shall provide for the transfer of electronic information under s. 6.256 (2) to the board on a continuous basis, no less often than monthly.

AB869,49 Section 49. 343.027 of the statutes is amended to read:

AB869,31,8 343.027 Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential, except that the department shall release a signature or a facsimile of a signature to the department of revenue for the purposes of administering state taxes and collecting debt, to the government accountability board, in electronic or digital format, for the purposes specified in s. 6.30 (5), to the person to whom the signature relates, to a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, or to the driver licensing agency of another jurisdiction.

AB869,50 Section 50. 343.14 (2p) of the statutes is created to read:

AB869,31,15 343.14 (2p) (a) The forms for application for a license or identification card or for renewal thereof shall inform the applicant of the department's duty to make available to the government accountability board the information described in s. 6.256 (2) for the purposes specified in s. 6.256 (1) and (3) and shall provide the applicant an opportunity to elect not to have this information made available for these purposes.

AB869,31,21 (b) If the applicant elects not to have the information described in s. 6.256 (2) made available for the purposes specified in s. 6.256 (1) and (3), the department shall not make this information available for these purposes. This paragraph does not preclude the department from making available to the government accountability board information for the purposes specified in s. 6.34 (2m) or for any purpose other than those specified in s. 6.256 (1) and (3).

AB869,51 Section 51. Nonstatutory provisions.

AB869,32,5 (1) Progress reports on implementation. No later than the 20th day following the end of each calendar quarter, the government accountability board and the department of transportation shall each report to the appropriate standing committees of the legislature in the manner provided in section 13.172 (3) of the statutes concerning its progress in implementing an electronic voter registration system. The board and department shall continue to file reports under this subsection until the board determines that implementation is complete and the performance of the system is satisfactory.

AB869,32,12 (2) Initial sharing of registration information. Notwithstanding section 85.61 (1) of the statutes, as affected by this act, and sections 110.09 (2), 342.06 (1) (eg), and 343.14 (2j) of the statutes, the department of transportation shall enter into and begin transferring information under a revised agreement with the administrator of the elections division of the government accountability board pursuant to section 85.61 (1) of the statutes, as affected by this act, no later than the first day of the 4th month beginning after the effective date of this subsection.

AB869,33,2 (3) Report on voter registration information integration. No later than July 1, 2015, the board shall report to the appropriate standing committees of the legislature, in the manner specified in section 13.172 (3) of the statutes, concerning its progress in initially implementing a system to ensure the complete and continuous registration of all eligible electors in this state, specifically including the operability and utility of information integration with the department of transportation and the desirability and feasibility of integrating public information maintained by other state agencies and by technical colleges with the board's registration information to enhance the completeness and accuracy of the information. At a minimum, the report shall contain an assessment of the feasibility and desirability of the integration of registration information with information maintained by the departments of health services, children and families, workforce development, revenue, regulation and licensing, and natural resources, the University of Wisconsin System, and the technical college system board, as well as the technical colleges within each technical college district.

AB869,33,3 (4) Review of expenditures made to implement this act.

AB869,33,19 (a) Notwithstanding section 20.511 of the statutes and all provisions of this act, the government accountability board shall not encumber or expend any amount of money to implement or administer this act unless the legal counsel to the board first notifies the cochairpersons of the joint committee on finance in writing of the proposed encumbrance or expenditure. If the cochairpersons do not notify the legal counsel that the committee has scheduled a meeting for the purpose of reviewing the proposed expenditure within 14 working days after the date of the legal counsel's notification, the board may encumber or expend the money as proposed. If, within 14 working days after the date of the legal counsel's notification, the cochairpersons notify the legal counsel that the committee has scheduled a meeting for the purpose of reviewing the proposed encumbrance or expenditure, the board shall not make the proposed encumbrance or expenditure unless the committee approves the proposed encumbrance or expenditure or modifies and approves the proposed encumbrance or expenditure. If the committee modifies and approves the proposed encumbrance or expenditure, the board may make the proposed encumbrance or expenditure only as modified by the committee.

AB869,33,20 (b) Paragraph (a ) does not apply after June 30, 2015.

AB869,33,22 (5) Required general fund balance. Section 20.003 (4) of the statutes does not apply to the action of the legislature in enacting this act.

AB869,52 Section 52. Fiscal changes.

AB869,34,7 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the government accountability board under section 20.511 (1) (a) of the statutes, as affected by the acts of 2013, the dollar amount is increased by $-0- for the first fiscal year of the fiscal biennium in which this subsection takes effect to implement the provisions of this act. In the schedule under section 20.005 (3) of the statutes for the appropriation to the government accountability board under section 20.511 (1) (a) of the statutes, as affected by the acts of 2013, the dollar amount is increased by $-0- for the second fiscal year of the fiscal biennium in which this subsection takes effect to implement the provisions of this act.

AB869,34,16 (2) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (4) (aq) of the statutes, as affected by the acts of 2013, the dollar amount is increased by $-0- for the first fiscal year of the fiscal biennium in which this subsection takes effect to implement the provisions of this act. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (4) (aq) of the statutes, as affected by the acts of 2013, the dollar amount is increased by $-0- for the second fiscal year of the fiscal biennium in which this subsection takes effect to implement the provisions of this act.

AB869,53 Section 53 . Initial applicability.

AB869,34,20 (1) This act first applies with respect to registration for voting at the first spring or partisan primary election that follows the effective date of this subsection by at least 6 months.

AB869,34,21 (End)