LRBs0323/1
JK:cjs/wlj/amn
2015 - 2016 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 295
February 9, 2016 - Offered by Senators Lassa,
Carpenter, L. Taylor, Erpenbach,
Risser, Miller, Bewley, Vinehout, Wirch, Shilling and Hansen.
SB295-SSA2,1,12
1An Act to repeal 6.40, 6.55 (2) (a) 2. and 7.515;
to renumber 5.05 (14);
to
2renumber and amend 6.33 (5) (a) and 6.36 (1) (a);
to amend 5.056, 5.85 (2)
3(b) 1., 5.85 (2) (b) 2., 5.90 (1), 6.10 (3), 6.22 (5), 6.24 (3), 6.25 (1) (a), 6.25 (1) (b),
46.275 (1) (b), 6.28 (1), 6.30 (1), 6.30 (4), 6.32 (1) and (2), 6.325, 6.33 (1), 6.33 (2)
5(a), 6.34 (2), 6.35 (1) (intro.), 6.36 (1) (b) 1. a., 6.36 (2) (c), 6.36 (6), 6.50 (3), 6.50
6(10), 6.55 (2) (d), 6.79 (1m), 6.79 (2) (d), 6.87 (4) (b) 1., 6.87 (6), 7.08 (1) (c), 7.51
7(5) (b), 7.53 (1) (a), 7.53 (3) (a), 7.60 (1), 9.01 (1) (a) 1., 11.1104 (6), 85.61 (1) and
8343.027; and
to create 5.02 (6m) (g), 5.05 (14) (b), 5.05 (14) (c), 5.05 (18), 6.30
9(5), 6.33 (5) (a) 2., 6.34 (2m), 6.34 (3) (a) 12., 6.34 (4), 6.35 (2), 6.36 (1) (a) 13. to
1016., 6.36 (1) (ae), 6.87 (6d), 7.51 (4) (c), 19.42 (10) (ab) and 19.42 (13) (p) of the
11statutes;
relating to: electronic voter registration and election administration
12and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB295-SSA2,1
1Section
1. 5.02 (6m) (g) of the statutes is created to read:
SB295-SSA2,2,32
5.02
(6m) (g) A veterans identification card issued by the veterans health
3administration of the federal department of veterans affairs.
SB295-SSA2,2
4Section
2. 5.05 (14) of the statutes is renumbered 5.05 (14) (a).
SB295-SSA2,3
5Section
3. 5.05 (14) (b) of the statutes is created to read:
SB295-SSA2,2,86
5.05
(14) (b) The commission shall establish a subscription service whereby a
7person may electronically access the absentee ballot information provided under s.
86.33 (5) (a), including semiweekly updates of such information.
SB295-SSA2,4
9Section
4. 5.05 (14) (c) of the statutes is created to read:
SB295-SSA2,2,1210
5.05
(14) (c) On election night the commission shall provide a link on its
11Internet site to the posting of each county's election returns on each county's Internet
12site.
SB295-SSA2,5
13Section
5. 5.05 (18) of the statutes is created to read:
SB295-SSA2,2,1614
5.05
(18) Electronic poll lists. The commission may facilitate the creation
15and maintenance of electronic poll lists for purposes of s. 6.79 including entering into
16contracts with vendors and establishing programs for development and testing.
SB295-SSA2,3,2
195.056 Matching program with secretary of transportation. The
20commission administrator shall enter into the agreement with the secretary of
21transportation specified under s. 85.61 (1) to match personally identifiable
22information on the official registration list maintained by the commission under s.
16.36 (1)
and the information specified in s. 6.34 (2m) with personally identifiable
2information maintained by the department of transportation.
SB295-SSA2,7
3Section
7. 5.85 (2) (b) 1. of the statutes is amended to read:
SB295-SSA2,3,154
5.85
(2) (b) 1. In case of an overvote for any office, the election officials
shall may
5either use the override function of the electronic voting system in order to eliminate
6the votes for the overvoted office, which shall be noted on the inspector's statement,
7or make a true duplicate ballot of all votes on the ballot except for the office that is
8overvoted in the manner described in this subdivision.
The If the election officials
9make a true duplicate ballot, they shall use an official ballot of that kind used by the
10elector who voted the original ballot, and one of the marking devices, so as to transfer
11all votes of the elector except for the office overvoted to an official ballot of that kind
12used in the ward at that election. Unless election officials are selected under s. 7.30
13(4) (c) without regard to party affiliation, whenever election officials of both of the 2
14major political parties are present, the election officials acting under this subdivision
15shall consist in each case of at least one election official of each of the parties.
SB295-SSA2,8
16Section
8. 5.85 (2) (b) 2. of the statutes is amended to read:
SB295-SSA2,4,417
5.85
(2) (b) 2. On any original ballot upon which there is an overvote
and for
18which a duplicate ballot is made under subd. 1., the election officials shall, in the
19space on the ballot for official endorsement, identify the ballot as an "Overvoted
20Ballot" and write a serial number. On
the any duplicate ballot produced under subd.
211., the election officials shall, in the space on the ballot for official endorsement,
22identify the ballot as a "Duplicate Overvoted Ballot" and write a serial number. The
23election officials shall place the same serial number on each "Overvoted Ballot" and
24its corresponding "Duplicate Overvoted Ballot," commencing with number "1" and
25continuing consecutively for each of the ballots for which a "Duplicate Overvoted
1Ballot" is produced in that ward or election district. The election officials shall initial
2the "Duplicate Overvoted Ballot" ballots and shall place them in the container for
3return of the ballots. The "Overvoted Ballot" ballots and their envelopes shall be
4placed in the "Original Ballots" envelope.
SB295-SSA2,9
5Section
9. 5.90 (1) of the statutes is amended to read:
SB295-SSA2,4,246
5.90
(1) Except as otherwise provided in this subchapter, recounts of votes cast
7on an electronic voting system shall be conducted in the manner prescribed in s. 9.01.
8Except as provided in this subsection, sub. (2), and s. 9.01 (1) (b) 8s., if the ballots are
9distributed to the electors, the board of canvassers shall recount the ballots with
10automatic tabulating equipment. The board of canvassers shall test the automatic
11tabulating equipment to be used prior to the recount as provided in s. 5.84, and then
12the official ballots or the record of the votes cast shall be recounted on the automatic
13tabulating equipment. In addition, the board of canvassers shall check the ballots
14for the presence or absence of the initials and other distinguishing marks, shall
15examine the ballots marked "Rejected", "Defective"
, "
Overvoted", and "Objected to"
16to determine the propriety of such labels, and shall compare the "Duplicate
17Overvoted Ballots" and "Duplicate Damaged Ballots" with their respective originals
18to determine the correctness of the duplicates. Unless a court orders a recount to be
19conducted by another method under sub. (2), the board of canvassers may determine
20to conduct the recount of a specific election by hand and may determine to conduct
21the recount by hand for only certain wards or election districts. If electronic voting
22machines are used, the board of canvassers shall perform the recount using the
23permanent paper record of the votes cast by each elector, as generated by the
24machines.
SB295-SSA2,10
25Section
10. 6.10 (3) of the statutes is amended to read:
SB295-SSA2,5,8
16.10
(3) When an elector moves his or her residence from one ward or
2municipality to another ward or municipality within the state at least 28 days before
3the election, the elector may vote in and be considered a resident of the new ward or
4municipality where residing
upon transferring registration under s. 6.40 (1) or upon
5registering at the proper polling place or other registration location in the new ward
6or municipality under s. 6.55 (2) or 6.86 (3) (a) 2. If the elector moves his or her
7residence later than 28 days before an election, the elector shall vote in the elector's
8former ward or municipality if otherwise qualified to vote there.
SB295-SSA2,11
9Section
11. 6.22 (5) of the statutes is amended to read:
SB295-SSA2,5,1510
6.22
(5) Voting procedure. Except as
provided in s. 7.515 and as authorized
11in s. 6.25, the ballot shall be marked and returned, deposited and recorded in the
12same manner as other absentee ballots. In addition, the certification under s. 6.87
13(2) shall have a statement of the elector's birth date. Failure to return any unused
14ballots in a primary election does not invalidate the ballot on which the elector casts
15his or her votes.
SB295-SSA2,12
16Section
12. 6.24 (3) of the statutes is amended to read:
SB295-SSA2,5,2217
6.24
(3) Registration. The overseas elector shall register in the municipality
18where he or she was last domiciled or where the overseas elector's parent was last
19domiciled on a form prescribed by the commission designed to ascertain the elector's
20qualifications under this section. The
form
commission shall
be ensure that the form
21is substantially similar to the original form under s. 6.33 (1), insofar as applicable.
22Registration shall be accomplished in accordance with s. 6.30 (4)
or (5).
SB295-SSA2,13
23Section
13. 6.25 (1) (a) of the statutes is amended to read:
SB295-SSA2,6,724
6.25
(1) (a) Any individual who qualifies as a military elector under s. 6.22 (1)
25(b) and who transmits an application for an official absentee ballot for any election,
1including a primary election, no later than the latest time specified for the elector in
2s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in absentee ballot
3prescribed under
42 USC 1973ff-2 for any candidate for an office listed on the official
4ballot or for all of the candidates of any recognized political party for the offices listed
5on the official ballot at that election if the federal write-in absentee ballot is received
6by the appropriate municipal clerk no later than the applicable time prescribed in
7s. 6.87 (6)
or 7.515 (3).
SB295-SSA2,14
8Section
14. 6.25 (1) (b) of the statutes is amended to read:
SB295-SSA2,6,179
6.25
(1) (b) Any individual who qualifies as an overseas elector under s. 6.24
10(1) and who transmits an application for an official absentee ballot for an election for
11national office, including a primary election, no later than the latest time specified
12for an elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in
13absentee ballot prescribed under
42 USC 1973ff-2 for any candidate or for all
14candidates of any recognized political party for national office listed on the official
15ballot at that election, if the federal write-in absentee ballot is received by the
16appropriate municipal clerk no later than the applicable time prescribed in s. 6.87
17(6)
or 7.515 (3).
SB295-SSA2,15
18Section
15. 6.275 (1) (b) of the statutes is amended to read:
SB295-SSA2,6,2219
6.275
(1) (b) The total number of electors of the municipality residing in that
20county who were preregistered on the deadline specified in s. 6.28 (1)
(a), including
21valid mail registrations which are postmarked by that day
and valid electronic
22registrations entered under s. 6.30 (5).
SB295-SSA2,16
23Section
16. 6.28 (1) of the statutes is amended to read:
SB295-SSA2,7,1724
6.28
(1) Registration locations; deadline. (a) Except as authorized in ss. 6.29,
256.55 (2), and 6.86 (3) (a) 2., registration in person for
any an election
shall close
closes
1at 5 p.m. on the 3rd Wednesday preceding the election. Registrations made by mail
2under s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked
3no later than the 3rd Wednesday preceding the election.
Electronic registration
4under s. 6.30 (5) for an election closes at 11:59 p.m. on the 3rd Wednesday preceding
5the election. All applications for registration corrections and additions may be made
6throughout the year at the office of the city board of election commissioners, at the
7office of the municipal clerk, at the office of the county clerk, or at other locations
8provided by the board of election commissioners or the common council in cities over
9500,000 population or by either or both the municipal clerk, or the common council,
10village or town board in all other municipalities. Other registration locations may
11include but are not limited to fire houses, police stations, public libraries, institutions
12of higher education, supermarkets, community centers, plants and factories, banks,
13savings and loan associations and savings banks. Special registration deputies shall
14be appointed for each location unless the location can be sufficiently staffed by the
15board of election commissioners or the municipal clerk or his or her deputies. An
16elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at
17the office of the municipal clerk of the municipality where the elector resides.
SB295-SSA2,17
18Section
17. 6.30 (1) of the statutes is amended to read:
SB295-SSA2,7,2019
6.30
(1) In person. An elector shall apply for registration in person, except as
20provided under
sub. subs. (4)
and (5) and s. 6.86 (3) (a) 2.
SB295-SSA2,18
21Section
18. 6.30 (4) of the statutes is amended to read:
SB295-SSA2,8,422
6.30
(4) By mail. Any eligible elector may register by mail on a form prescribed
23by the commission and provided by each municipality. The form shall be designed
24to obtain the information required in ss. 6.33 (1)
and to provide for changes
25authorized under s. 6.40 (1) (a). The form shall contain a certification by the elector
1that all statements are true and correct. The form shall be prepostpaid for return
2when mailed at any point within the United States. The form shall be available in
3the municipal clerk's office and may be distributed by any elector of the municipality.
4The clerk shall mail a registration form to any elector upon written or oral request.
SB295-SSA2,19
5Section
19. 6.30 (5) of the statutes is created to read:
SB295-SSA2,9,26
6.30
(5) By electronic application. An eligible elector who holds a current and
7valid operator's license issued under ch. 343 or a current and valid identification card
8issued under s. 343.50 may register electronically in the manner prescribed by the
9commission. The commission shall maintain on the Internet a secure registration
10form that enables the elector to enter the information required under s. 6.33 (1)
11electronically. An elector who registers electronically under this subsection must
12authorize the commission to obtain from the department of transportation an
13electronic copy of the elector's signature, which signature shall constitute an
14affirmance that all information provided by the elector is correct and shall have the
15same effect as if the elector had signed the application personally. The commission
16shall include on the registration form a place for the elector to give this authorization.
17Upon submittal of the electronic application, the commission shall obtain from the
18department of transportation a copy of the electronic signature of the elector. The
19commission shall maintain the application on file and shall notify the municipal
20clerk or board of election commissioners of the municipality where the elector resides
21of its receipt of each completed application. The commission shall also permit any
22elector who has a current and valid operator's license issued to the elector under ch.
23343 or a current and valid identification card issued under s. 343.50 to make changes
24in his or her registration at the same Internet site that is used by electors for original
25registration under this subsection. An elector shall attest to the correctness of any
1changes in the same manner as provided in this subsection for information entered
2on an application for original registration.
SB295-SSA2,20
3Section
20. 6.32 (1) and (2) of the statutes are amended to read:
SB295-SSA2,9,74
6.32
(1) Upon receipt of a registration form that is submitted by mail under s.
56.30 (4) or that is submitted by a special registration deputy appointed under s. 6.26
6or by electronic application under s. 6.30 (5), the municipal clerk shall examine the
7form for sufficiency.
SB295-SSA2,9,12
8(2) If the form is insufficient to accomplish registration or the clerk knows or
9has reliable information that the proposed elector is not qualified, the clerk shall
10notify the proposed elector within 5 days, if possible, and request that the elector
11appear at the clerk's office or
other another registration
center location to complete
12a proper registration or substantiate the information presented.
SB295-SSA2,21
13Section
21. 6.325 of the statutes is amended to read:
SB295-SSA2,9,24
146.325 Disqualification of electors. No person may be disqualified as an
15elector unless the municipal clerk, board of election commissioners or a challenging
16elector under s. 6.48 demonstrates beyond a reasonable doubt that the person does
17not qualify as an elector or is not properly registered. If it appears that the
18challenged elector is registered at a residence in this state other than the one where
19the elector now resides, the municipal clerk or board of election commissioners shall,
20before permitting the elector to vote, require the elector to
transfer his or her
21registration under s. 6.40 (1) (a) properly register and shall notify the municipal clerk
22or board of election commissioners at the former residence. The municipal clerk or
23board of election commissioners may require naturalized applicants to show their
24naturalization certificates.
SB295-SSA2,22
25Section
22. 6.33 (1) of the statutes is amended to read:
SB295-SSA2,11,18
16.33
(1) The commission shall prescribe the format, size, and shape of
2registration forms. All
nonelectronic forms shall be printed
on cards and each item
3of information shall be of uniform font size, as prescribed by the commission.
Except
4as otherwise provided in this subsection, electronic forms shall contain the same
5information as nonelectronic forms. The municipal clerk shall supply sufficient
6forms to meet voter registration needs. The
forms
commission shall
be designed 7design the form to obtain from each
applicant elector information as to name; date;
8residence location; location of previous residence immediately before moving to
9current residence location; citizenship; date of birth; age; the number of a current
10and valid operator's license issued to the elector under ch. 343 or the last 4 digits of
11the elector's social security account number; whether the
applicant elector has
12resided within the ward or election district for
at least 28 the number of consecutive
13days
specified in s. 6.02 (1); whether the
applicant elector has been convicted of a
14felony for which he or she has not been pardoned, and if so, whether the
applicant 15elector is incarcerated, or on parole, probation, or extended supervision; whether the
16applicant elector is disqualified on any other ground from voting; and whether the
17applicant elector is currently registered to vote at any other location. The
form 18commission shall include
on the nonelectronic form a space for the
applicant's 19elector's signature
and on the electronic form the authorization specified under s.
206.30 (5). Below the space for the signature
or authorization, respectively, the
form 21commission shall
state include the following statement: "Falsification of information
22on this form is punishable under Wisconsin law as a Class I felony."
. The
form 23commission shall include
on the form a space to enter the name of any special
24registration deputy under s. 6.26 or 6.55 (6) or inspector, municipal clerk, or deputy
25clerk under s. 6.55 (2) who obtains the form and a space for the deputy, inspector,
1clerk, or deputy clerk to sign his or her name, affirming that the deputy, inspector,
2clerk, or deputy clerk has accepted the form. The
form commission shall include
on
3the form a space for entry of the ward and aldermanic district, if any, where the
4elector resides and any other information required to determine the offices and
5referenda for which the elector is certified to vote. The
form commission shall also
6include
on the form a space where the clerk may record an indication of whether the
7form is received by mail
or by electronic application, a space where the clerk shall
8record an indication of the type of identifying document submitted by the elector as
9proof of residence under s. 6.34
or an indication that the elector's information in lieu
10of proof of residence was verified under s. 6.34 (2m), the name of the entity or
11institution that issued the identifying document, and, if the identifying document
12includes a number that applies only to the individual holding that document, that
13number. The
form commission shall also include
on the form a space where the clerk,
14for any
applicant elector who possesses a valid voting identification card issued to
15the person under s. 6.47 (3), may record the identification serial number appearing
16on the voting identification card. Each county clerk shall obtain sufficient
17registration forms for completion by an elector who desires to register to vote at the
18office of the county clerk under s. 6.28 (4).
SB295-SSA2,23
19Section
23. 6.33 (2) (a) of the statutes is amended to read:
SB295-SSA2,12,620
6.33
(2) (a) All information may be recorded by any person, except that
the clerk
21shall record the ward and aldermanic district, if any, other geographic information
22under sub. (1), the indication of whether the registration is received by mail,
and the
23type of identifying document submitted by the elector as proof of residence under s.
246.34
, and any information relating to an applicant's voting identification card shall
25be recorded by the clerk. Each applicant. Except as provided in s. 6.30 (5), each
1elector shall sign his or her own name unless the
applicant elector is unable to sign
2his or her name due to physical disability. In such case, the
applicant elector may
3authorize another elector to sign the form on his or her behalf. If the
applicant elector 4so authorizes, the elector signing the form shall attest to a statement that the
5application is made upon request and by authorization of a named elector who is
6unable to sign the form due to physical disability.
SB295-SSA2,12,149
6.33
(5) (a) 1. Except as provided in par. (b) and this paragraph, whenever a
10municipal clerk receives a valid registration or valid change of a name or address
11under an existing registration
and whenever a municipal clerk or changes a
12registration from eligible to ineligible status
, the municipal clerk
or the clerk's
13designee shall promptly enter electronically on the list maintained by the
14commission under s. 6.36 (1) the information required under that subsection.
SB295-SSA2,12,21
153. Except as provided in par. (b) and this paragraph, the municipal clerk
may 16or the clerk's designee shall update any entries that change on the date of an election
17other than a general election within 30 days after the date of that election, and
may 18shall update any entries that change on the date of a general election within 45 days
19after the date of that election. The commission administrator may, upon request of
20a municipal clerk, permit the clerk to update entries that change on the date of a
21general election within 60 days after that election.
SB295-SSA2,12,23
224. The municipal clerk shall provide to the commission information that is
23confidential under s. 6.47 (2) in such manner as the commission prescribes.
SB295-SSA2,25
24Section
25. 6.33 (5) (a) 2. of the statutes is created to read:
SB295-SSA2,13,10
16.33
(5) (a) 2. Except as provided in par. (b) and this paragraph, whenever a
2municipal clerk mails an absentee ballot to an elector or receives an in-person
3absentee ballot application or an absentee ballot the municipal clerk shall, no later
4than 48 hours after mailing an absentee ballot or receiving an in-person absentee
5ballot application or an absentee ballot, enter electronically on the list maintained
6by the commission under s. 6.36 (1) the information required under that subsection
7or submit the information to the clerk's designee who shall, no later than 24 hours
8after receiving the information from the clerk, enter electronically on the list
9maintained by the commission under s. 6.36 (1) the information required under that
10subsection.
SB295-SSA2,26
11Section
26. 6.34 (2) of the statutes is amended to read:
SB295-SSA2,13,1712
6.34
(2) Upon Except as provided in sub. (2m), upon completion of a registration
13form prescribed under s. 6.33, each eligible elector who is required to register under
14s. 6.27, who is not a military elector or an overseas elector, shall provide an
15identifying document that establishes proof of residence under sub. (3). If the elector
16registered by mail
or by electronic application, the identifying document may not be
17a residential lease.
SB295-SSA2,27
18Section
27. 6.34 (2m) of the statutes is created to read: