2013 - 2014 LEGISLATURE
March 25, 2014 - Introduced by Representatives Pasch, Goyke, Young, Barnes,
Sargent, Ohnstad, Hebl, C. Taylor, Kessler, Zamarripa and Berceau,
cosponsored by Senators Harris, Carpenter and Miller. Referred to
Committee on Criminal Justice.
AB886,1,9 1An Act to repeal 6.29 (2) (am), 6.55 (2) (cs), 6.55 (3) (b), 6.56 (3m), 6.79 (2) (dm),
26.88 (3) (c), 301.03 (20m), 302.117, 304.078 (1) and 973.09 (4m); to renumber
36.55 (3) (a); to renumber and amend 6.03 (1) (b) and 304.078 (3); to amend
46.33 (1), 6.33 (2) (a), 6.36 (1) (a), 7.52 (6), 301.03 (3a) (intro.), 304.078 (2) and
5973.176 (2); and to create 6.03 (1) (b) 1., 2., 3. and 4. of the statutes; relating
restoring the right to vote to certain persons barred from voting as a result
7of a felony conviction, changing the information required on voter registration
8forms, and changing voting procedure for certain persons who are convicted of
Analysis by the Legislative Reference Bureau
Under current law, when a person is barred from voting as the result of a felony
conviction (a "disqualifying offense"), the person's right to vote may be restored
through a pardon. Otherwise, it is restored when the person completes his or her
sentence, including extended supervision or parole, or any term of probation
Under this bill, a person loses his or her right to vote based on a disqualifying
offense only while he or she is incarcerated for that offense. A person released to

extended supervision or parole may resume voting. In addition, a person convicted
of a disqualifying offense and on probation retains the right to vote while on
probation unless he or she is confined as a condition of probation. But if a person who
committed a disqualifying offense is returned to prison after the revocation of
extended supervision or parole or is sent to prison or a jail or house of correction after
the revocation of probation, the person loses the right to vote until he or she is
Currently, an applicant for voter registration must affirm: 1) whether he or she
has been convicted of a felony for which he or she has not been pardoned and, if so,
whether the applicant is incarcerated or on parole, probation, or extended
supervision; and 2) whether the applicant is disqualified on any other ground from
voting. This bill deletes the requirement that an applicant provide any information
relating to a felony conviction but retains the requirement that an applicant affirm
that he or she is not disqualified on any ground from voting.
Currently, election officials are required to verify the eligibility of electors who
vote at an election or who register to vote at an election after the close of voter
registration for that election by checking each elector's name against a list provided
by the Department of Corrections (DOC) that contains the names of convicted felons
who have not completed their sentences and have not been pardoned. If a person's
name appears on the list, the election officials are directed to allow the person to vote
if he or she is otherwise eligible, but to mark and challenge the elector's ballot for
possible later review. This bill deletes the requirements for DOC to provide the list
of convicted felons and for election officials to review the names on the list.
The bill also requires DOC, the Government Accountability Board, and the
Director of State Courts to include in their ongoing training programs a discussion
of the changes in law made by this bill and to offer the training to judges, attorneys,
election officials, employees of DOC, and the public.
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:
AB886,1 1Section 1. 6.03 (1) (b) of the statutes is renumbered 6.03 (1) (b) (intro.) and
2amended to read:
AB886,2,53 6.03 (1) (b) (intro.) Any person convicted of treason, who, as a result of a felony
4or bribery, unless the person's right to vote is restored through a pardon or under s.
5304.078 (3).
conviction, is any of the following:
AB886,2 6Section 2. 6.03 (1) (b) 1., 2., 3. and 4. of the statutes are created to read:
16.03 (1) (b) 1. Incarcerated while serving a sentence that was not imposed
2under s. 973.01.
AB886,3,43 2. Serving a term of confinement, or incarcerated after revocation of extended
4supervision, while serving a sentence that was imposed under s. 973.01.
AB886,3,55 3. Incarcerated following the revocation of probation.
AB886,3,66 4. Confined as a condition of probation under s. 973.09 (4) (a).
AB886,3 7Section 3. 6.29 (2) (am) of the statutes is repealed.
AB886,4 8Section 4. 6.33 (1) of the statutes is amended to read:
AB886,4,159 6.33 (1) The board shall prescribe the format, size, and shape of registration
10forms. All forms shall be printed on cards and each item of information shall be of
11uniform font size, as prescribed by the board. The municipal clerk shall supply
12sufficient forms to meet voter registration needs. The forms shall be designed to
13obtain from each applicant information as to name; date; residence location; location
14of previous residence immediately before moving to current residence location;
15citizenship; date of birth; age; the number of a current and valid operator's license
16issued to the elector under ch. 343 or the last 4 digits of the elector's social security
17account number; whether the applicant has resided within the ward or election
18district for at least 28 consecutive days; whether the applicant has been convicted of
19a felony for which he or she has not been pardoned, and if so, whether the applicant
20is incarcerated, or on parole, probation, or extended supervision;
whether the
21applicant is disqualified on any other ground for any reason from voting; and
22whether the applicant is currently registered to vote at any other location. The form
23shall include a space for the applicant's signature. Below the space for the signature,
24the form shall state "Falsification of information on this form is punishable under
25Wisconsin law as a Class I felony.". The form shall include a space to enter the name

1of any special registration deputy under s. 6.26 or 6.55 (6) or inspector, municipal
2clerk, or deputy clerk under s. 6.55 (2) who obtains the form and a space for the
3deputy, inspector, clerk, or deputy clerk to sign his or her name, affirming that the
4deputy, inspector, clerk, or deputy clerk has accepted the form. The form shall
5include a space for entry of the ward and aldermanic district, if any, where the elector
6resides and any other information required to determine the offices and referenda
7for which the elector is certified to vote. The form shall also include a space where
8the clerk may record an indication of whether the form is received by mail, a space
9where the clerk may record an indication of the type of identifying document
10submitted by the elector as proof of residence under s. 6.34, whenever required, and
11a space where the clerk, for any applicant who possesses a valid voting identification
12card issued to the person under s. 6.47 (3), may record the identification serial
13number appearing on the voting identification card. Each county clerk shall obtain
14sufficient registration forms for completion by an elector who desires to register to
15vote at the office of the county clerk under s. 6.28 (4).
AB886,5 16Section 5. 6.33 (2) (a) of the statutes is amended to read:
AB886,5,417 6.33 (2) (a) All information may be recorded by any person, except that the ward
18and aldermanic district, if any, other geographic information under sub. (1), the
19indication of whether the registration is received by mail, the type of identifying
20document submitted by the elector as proof of residence under s. 6.34, whenever
21required, and any information relating to an applicant's voting identification card
22shall be recorded by the clerk. An applicant is not required to provide a copy of any
23certificate or notice issued to the applicant under s. 304.078.
Each applicant shall
24sign his or her own name unless the applicant is unable to sign his or her name due
25to physical disability. In such case, the applicant may authorize another elector to

1sign the form on his or her behalf. If the applicant so authorizes, the elector signing
2the form shall attest to a statement that the application is made upon request and
3by authorization of a named elector who is unable to sign the form due to physical
AB886,6 5Section 6. 6.36 (1) (a) of the statutes is amended to read:
AB886,5,206 6.36 (1) (a) The board shall compile and maintain electronically an official
7registration list. The list shall contain the name and address of each registered
8elector in the state,; the date of birth of the elector,; the ward and aldermanic district
9of the elector, if any,; and, for each elector, a unique registration identification
10number assigned by the board, the number of a valid operator's license issued to the
11elector under ch. 343, if any, or the last 4 digits of the elector's social security account
12number, if any,; any identification serial number issued to the elector under s. 6.47
13(3),; the date of any election in which the elector votes,; an indication of whether the
14elector is an overseas elector, as defined in s. 6.24 (1), any information relating to the
15elector that appears on the current list transmitted to the board by the department
16of corrections under s. 301.03 (20m),
; an indication of any accommodation required
17under s. 5.25 (4) (a) to permit voting by the elector, ; an indication of the method by
18which the elector's registration form was received,; and such other information as
19may be determined by the board to facilitate administration of elector registration
AB886,7 21Section 7. 6.55 (2) (cs) of the statutes is repealed.
AB886,8 22Section 8. 6.55 (3) (a) of the statutes is renumbered 6.55 (3).
AB886,9 23Section 9. 6.55 (3) (b) of the statutes is repealed.
AB886,10 24Section 10. 6.56 (3m) of the statutes is repealed.
AB886,11 25Section 11. 6.79 (2) (dm) of the statutes is repealed.
1Section 12. 6.88 (3) (c) of the statutes is repealed.
AB886,13 2Section 13. 7.52 (6) of the statutes is amended to read:
AB886,6,113 7.52 (6) The board of absentee ballot canvassers shall review each certificate
4envelope to determine whether any absentee ballot is cast by an elector whose name
5appears on the poll list as ineligible to vote at the election, including ineligibility to
6vote by reason of a felony conviction
. If the board of absentee ballot canvassers
7receives an absentee ballot that has been cast by an elector whose name appears on
8the poll list as ineligible to vote, the inspectors shall challenge the ballot in the same
9manner as provided for inspectors making challenges under s. 6.92 and shall treat
10the ballot in the same manner as provided for treatment of challenged ballots by
11inspectors under s. 6.95.
AB886,14 12Section 14. 301.03 (3a) (intro.) of the statutes is amended to read:
AB886,6,1513 301.03 (3a) (intro.) Subject to all of the following, design a form to provide
14notice under ss. 302.117, 973.09 (4m), and s. 973.176 (2) of ineligibility to vote under
15s. 6.03 (1) (b):
AB886,15 16Section 15. 301.03 (20m) of the statutes is repealed.
AB886,16 17Section 16. 302.117 of the statutes is repealed.
AB886,17 18Section 17. 304.078 (1) of the statutes is repealed.
AB886,18 19Section 18. 304.078 (2) of the statutes is amended to read:
AB886,7,520 304.078 (2) Except for the right to vote, which is restored as provided in sub.
21(3), every person who is convicted of a crime obtains a restoration of his or her civil
22rights by serving out his or her term of imprisonment or otherwise satisfying his or
23her sentence. The certificate of the department or other responsible supervising
24agency that a convicted person has served his or her sentence term of imprisonment
25or otherwise satisfied the judgment sentence against him or her is evidence of that

1fact and that the person is restored to his or her civil rights. The department or other
2agency shall list in the person's certificate rights which have been restored and which
3have not been restored. Persons who served out their terms of imprisonment or
4otherwise satisfied their sentences prior to August 14, 1947, are likewise restored to
5their civil rights from and after September 25, 1959.
AB886,19 6Section 19. 304.078 (3) of the statutes is renumbered 304.078 (3) (a) and
7amended to read:
AB886,7,128 304.078 (3) (a) If a person is disqualified from voting under s. 6.03 (1) (b) from
, his or her right to vote is restored when he or she completes the term of
10imprisonment or probation for the crime that led to the disqualification. The
11factor under s. 6.03 (1) (b) that disqualified him or her from voting no longer applies
12to him or her.
AB886,7,19 13(b) When a person is placed on parole or extended supervision or when a person
14is discharged from an incarceration sentence or a confinement period that
15disqualified him or her under s. 6.03 (1) (b) from voting, the
department or, if the
16person is sentenced to a county jail or house of correction, the jailer shall inform the
17person in writing at the time his or her
provide the person written notice of the right
18to vote is restored under this subsection and, if the person resided in this state at the
19time of conviction, a voter registration form
AB886,20 20Section 20. 973.09 (4m) of the statutes is repealed.
AB886,21 21Section 21. 973.176 (2) of the statutes is amended to read:
AB886,8,422 973.176 (2) Voting. Whenever a court imposes a sentence or places a defendant
23on probation for a conviction
a condition of probation that disqualifies the defendant
24from voting under s. 6.03 (1) (b), the court shall inform the defendant in writing that
25he or she may not vote in any election until his or her civil rights are restored the

1factor under s. 6.03 (1) (b) that disqualified him or her from voting no longer applies
2to him or her
. The court shall use the form designed by the department of corrections
3under s. 301.03 (3a) to inform the defendant, and the defendant and a witness shall
4sign the form.