LRB-0179/4
JK&ARG:kjf&klm
2015 - 2016 LEGISLATURE
October 8, 2015 - Introduced by Representatives Genrich, Berceau, Spreitzer,
Shankland, Sargent, Young, Goyke, Kolste, Barnes, Ohnstad, Hesselbein,
Zamarripa, Hebl, Wachs, Kessler, C. Taylor, Johnson, Riemer, Kahl,
Jorgensen, Bowen, Mason, Subeck, Brostoff and Danou, cosponsored by
Senators Hansen, Carpenter, Wirch, Risser, Erpenbach, L. Taylor, C.
Larson, Ringhand, Miller, Harris Dodd and Vinehout. Referred to
Committee on Campaigns and Elections.
AB379,1,8
1An Act to amend 5.056, 6.24 (3), 6.275 (1) (b), 6.28 (1), 6.30 (1), 6.32, 6.33 (1),
26.33 (2) (a), 6.33 (5) (b), 6.34 (2), 6.35 (1) (intro.), 6.35 (3), 6.36 (2) (c), 6.40 (1)
3(a) 1., 6.40 (1) (c), 6.50 (10), 6.55 (2) (d), 6.86 (3) (c), 6.87 (4) (b) 1., 7.08 (1) (c),
485.61 (1) and 343.027; and
to create 6.256, 6.29 (2) (e), 6.30 (5), 6.34 (2m), 6.34
5(4), 6.35 (2), 7.08 (1) (cm) and 343.14 (2p) of the statutes;
relating to: voter
6registration; proving residence for registration and voting purposes; reviewing
7certain expenditures of the Government Accountability Board by the Joint
8Committee on Finance; and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes various changes in laws relating to voter registration and proof
of residence for voting. Currently, with the exception of individuals who are defined
as "military electors" under state law and new or former residents voting for
president and vice president, all eligible electors of this state must register in order
to vote in an election in this state. The registration period for each election ends on
the 20th day before that election, but an eligible elector may register to vote in an
election after that date at the office of the municipal clerk or board of election
commissioners of the municipality where he or she resides or at the polling place
serving his or her residence by providing specified proof of residence. In order to
register, an individual must provide his or her name, residence location, citizenship,
date of birth, age, and the number of a valid Wisconsin driver's license or the last four
digits of his or her social security number. An individual must also affirm that he
or she: 1) has resided in his or her ward (or municipality if not divided into wards)
for at least 28 consecutive days; 2) has not been convicted of a felony for which he or
she has not been pardoned and has not completed his or her sentence; 3) is not
disqualified on any other ground from voting; and 4) is not registered to vote at any
other location. The burden is on the elector to initiate registration and, if the elector's
name, address, or eligibility changes, to initiate any change in registration required
to maintain a valid registration.
This bill makes it the responsibility of the Government Accountability Board
(GAB) to use all feasible means to facilitate the registration of all eligible electors of
this state who are subject to a registration requirement and to maintain the
registration of all eligible electors for so long as they remain eligible, except as the
law specifically requires electors to take some action to continue their registrations.
Under the bill, GAB must attempt to facilitate the initial registration of all eligible
electors in accordance with the bill's requirements and procedures no later than July
1, 2021. To assist with its responsibility, the bill directs GAB and the Department
of Transportation (DOT) to enter into an agreement for the purpose of transferring
specified personally identifiable information in DOT's records to GAB. The bill
requires GAB to maintain the confidentiality of any information that GAB obtains
under the agreement and allows a driver's license or identification card applicant to
"opt out" of DOT's transfer of this information to GAB. Under the bill, once GAB
obtains all the information required under current law to complete an elector's
registration, GAB adds the elector's name to the statewide registration list. The
information then becomes accessible on the Internet. The bill also permits an
individual whose name is added to the registration list by GAB or who wishes to
permanently exclude his or her name from the list to file a request to have his or her
name deleted or excluded from the list or to revoke a deletion or exclusion request
previously made. A deletion or exclusion request or revocation of a deletion or
exclusion request may be made in the manner prescribed by GAB. In addition, the
bill directs GAB to notify an individual by first class postcard whenever GAB
removes his or her name from the registration list or changes his or her status on the
list from eligible to ineligible, other than by request of the elector, except when GAB
removes a duplicate entry from the list or changes the name of a deceased person
from eligible to ineligible status.
In addition, the bill permits a qualified elector who has a current and valid
driver's license or identification card issued by DOT to register to vote at an election
electronically on a secure Internet site maintained by GAB. The bill requires an
electronic registration to be completed no later than the 20th day before an election
in order to be valid for that election. Under the bill, a qualified elector enters the
same information that appears on the current registration form and authorizes DOT
to forward a copy of his or her electronic signature to GAB. The authorization affirms
that all information provided by the elector is correct and has the same effect as if
the elector signed the form personally. The bill also permits an elector who is
currently registered to vote and who has a current and valid driver's license or
identification card to electronically enter a change of name or address using a similar
procedure. In accordance with the existing procedure for verifying registrations that
are not received at the office of the municipal clerk or board of election
commissioners, the bill provides that when an electronic registration is received,
GAB or the clerk or board of election commissioners of the elector's municipality of
residence must verify each electronic registration by sending a first class letter or
postcard to the registrant at the registrant's address. Except as otherwise permitted
under the bill, if the registrant is voting for the first time in an election in this state,
the registrant must provide proof of residence before voting in the election. The bill
creates one exception which provides that, if an elector who registers electronically
provides his or her Wisconsin driver's license number, together with his or her name
and date of birth, and GAB is able to verify the information electronically at the time
of registration by electronically accessing DOT's records, the elector need not provide
proof of residence prior to voting. The bill directs GAB and DOT to enter into an
agreement that permits GAB to verify the necessary information instantly by
accessing DOT's electronic files.
Currently, each municipal clerk and board of election commissioners must
maintain a file of voter registration forms for the electors of the municipality. This
bill provides that the clerk or board must maintain registrations that are entered
electronically in the manner prescribed by GAB, by rule.
The changes with respect to electronic registration first apply with respect to
registration for voting at the first spring or partisan primary election that follows the
day on which the bill becomes law by at least six months.
Currently, with certain exceptions, if an elector registers to vote by mail and has
not voted in an election in this state, the elector must provide proof of residence prior
to voting. This bill extends this requirement to apply to an elector whose registration
is initiated by GAB but who has not voted in an election in this state. The bill also
provides that if such an elector provides his or her Wisconsin driver's license number
or the last four digits of his or her social security number, together with his or her
name and date of birth, and GAB is able to instantly verify the information
electronically by electronically accessing records of DOT, the elector need not provide
proof of residence before voting.
The bill directs GAB to report to the appropriate standing committees of the
legislature, no later than July 1, 2017, concerning its progress in initially
implementing the registration system created by the bill. The report must contain
an assessment of the feasibility and desirability or 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 State Technical
College System Board, as well as with the technical colleges in each technical college
district.
Currently, the legislature has made appropriations to GAB for the operation of
GAB in the current fiscal biennium. This bill does not change these appropriations.
However, the bill provides that before GAB may encumber or expend any amount of
money to implement or administer any provision of the act resulting from enactment
of this bill, GAB's legal counsel must first notify the cochairpersons of the Joint
Committee on Finance of the proposed encumbrance or expenditure. The proposed
encumbrance or expenditure is then subject to approval of or modification by the
committee, but the committee may waive its right to review any proposed
encumbrance or expenditure.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB379,1
1Section
1. 5.056 of the statutes is amended to read:
AB379,4,10
25.056 Matching program with secretary of transportation. The
3administrator of the elections division of the board shall enter into the agreement
4with the secretary of transportation specified under s. 85.61 (1) to match personally
5identifiable information on the official registration list maintained by the board
6under s. 6.36 (1)
and the information specified in s. 6.34 (2m) and other information
7specified in s. 6.256 (2) with personally identifiable information maintained by the
8department of transportation.
Subject to s. 343.14 (2p) (b), the agreement shall
9provide for the electronic transfer of information under s. 6.256 (2) to the board on
10a continuous basis, no less often than monthly.
AB379,2
11Section
2. 6.24 (3) of the statutes is amended to read:
AB379,4,1712
6.24
(3) Registration. The overseas elector shall register in the municipality
13where he or she was last domiciled or where the overseas elector's parent was last
14domiciled on a form prescribed by the board designed to ascertain the elector's
15qualifications under this section. The form shall be substantially similar to the
16original form under s. 6.33 (1), insofar as applicable. Registration shall be
17accomplished in accordance with s. 6.30 (4)
or (5).
AB379,3
18Section
3. 6.256 of the statutes is created to read:
AB379,5,5
16.256 Board shall facilitate registration of electors. (1) Except as
2provided for electors specified in sub. (7) and as otherwise expressly provided, the
3board shall use all feasible means to facilitate the registration of all eligible electors
4of this state who are subject to a registration requirement and the maintenance of
5the registration of all eligible electors for so long as they remain eligible.
AB379,5,8
6(2) Subject to s. 343.14 (2p) (b), for the purpose of carrying out its functions
7under sub. (1), the board shall obtain the following information from the department
8of transportation, to the extent that the department has the information:
AB379,5,129
(a) The full name of each individual who holds a current operator's license
10issued to the individual under ch. 343 or a current identification card issued to the
11individual under s. 343.50, together with the following information pertaining to
12that individual:
AB379,5,1413
1. The current address of the individual together with any address history and
14any name history maintained by the department of transportation.
AB379,5,1515
2. The date of birth of the individual.
AB379,5,1616
3. The number of the license or identification card issued to the individual.
AB379,5,2117
4. A copy of the document that the applicant provided as proof of citizenship
18and a statement from the department of transportation indicating that the
19department verified the applicant's citizenship. For purposes of this subdivision, the
20applicant shall provide a document that meets the requirements under
42 USC
211320b-7 (d).
AB379,5,2422
(b) For each item of information specified in this subsection, the most recent
23date that the item of information was provided or obtained by the department of
24transportation.
AB379,6,9
1(3) The board shall compare the information obtained under sub. (2) with the
2information in the registration list under s. 6.36 (1) (a). If the the board finds
3discrepancies between the information obtained under sub. (2) regarding an elector
4and the information in the registration list under s. 6.36 (1) (a) regarding that same
5elector, the board shall contact the elector by mail or telephone or in person to resolve
6the discrepancies. If the board is able to resolve the discrepancies after contacting
7the elector, the board shall update the information on the registration list. If the
8board is unable to contact the elector, the board shall resolve any discrepancies in
9favor of the information in the registration list.
AB379,6,22
10(4) Except as provided in this subsection and sub. (7), if the board concludes
11that an individual appears eligible to vote in this state but is not registered, and the
12board has obtained from reliable sources all the information required under s. 6.33
13(1) to complete the individual's registration, the board shall enter the individual's
14name on the registration list. If the board has not obtained from reliable sources all
15the information pertaining to an individual that is required under s. 6.33 (1), the
16board shall attempt to obtain from reliable sources the necessary information under
17s. 6.33 (1) that is
required to complete the individual's registration. If a
18municipality has changed the status of an elector from eligible to ineligible under s.
196.50 (1) and the elector's eligibility, name, or residence have not changed, the board
20shall not change the individual's name to eligible status unless the board first
21verifies that the individual is eligible and wishes to change his or her status to
22eligible.
AB379,6,25
23(5) The board shall attempt to contact individuals described in sub. (4) if
24necessary to obtain all the information specified in s. 6.33 (1) pertaining to the
25individual that is required to complete the individual's registration.
AB379,7,3
1(6) If the board is able to obtain all the required information specified in s. 6.33
2(1) pertaining to an individual, the board shall enter the name of the individual on
3the registration list maintained under s. 6.36 (1) (a).
AB379,7,15
4(7) Any individual may file a request with the board to exclude his or her name
5from the registration list. Any individual whose name is added to the registration
6list by the board may file a request with the board or a municipal clerk to have his
7or her name deleted from the list. A request for exclusion or deletion shall be filed
8in the manner prescribed by the board. An individual who files an exclusion or
9deletion request under this subsection may revoke his or her request by the same
10means that an individual may request an exclusion or deletion. The board shall
11ensure that the name of any individual who has filed an exclusion or deletion request
12under this subsection is excluded from the registration list or if the individual's name
13appears on the list, is removed from the registration list and is not added to the list
14at any subsequent time unless the individual files a revocation of his or her request
15under this subsection.
AB379,7,22
16(8) If the board removes from the registration list the name of an elector who
17does not request that his or her name be deleted, other than to correct an entry that
18the board positively determines to be a duplication or to change the name of an
19individual who is verified to be deceased to ineligible status, the board shall mail the
20individual a notice of the removal or change in status by 1st class postcard at the
21individual's last-known address. The notice shall provide that the individual may
22apply to have his or her status changed to eligible if he or she is a qualified elector.
AB379,7,24
23(9) The board shall attempt to facilitate the initial registration of all eligible
24electors, except as otherwise provided in this section, no later than July 1, 2021.
AB379,8,4
1(10) The board shall maintain the confidentiality of all information obtained
2from the department of transportation under sub. (2) and may use this information
3only for the purpose of carrying out its functions under sub. (1) and s. 6.34 (2m) and
4in accordance with the agreement under s. 85.61 (1).
AB379,4
5Section
4. 6.275 (1) (b) of the statutes is amended to read:
AB379,8,96
6.275
(1) (b) The total number of electors of the municipality residing in that
7county who were
preregistered registered on the deadline specified in s. 6.28 (1),
8including valid mail registrations which are postmarked by that day
and valid
9electronic registrations entered under s. 6.30 (5).
AB379,5
10Section
5. 6.28 (1) of the statutes is amended to read:
AB379,9,411
6.28
(1) Registration locations; deadline. Except as authorized in ss. 6.29,
126.55 (2), and 6.86 (3) (a) 2., registration in person for any election shall close at 5 p.m.
13on the 3rd Wednesday preceding the election. Registrations made by mail under s.
146.30 (4) must be delivered to the office of the municipal clerk or postmarked no later
15than the 3rd Wednesday preceding the election.
Electronic registration for an
16election under s. 6.30 (5) shall close at midnight on the 3rd Wednesday preceding the
17election. All applications for registration corrections and additions may be made
18throughout the year at the office of the city board of election commissioners, at the
19office of the municipal clerk, at the office of the county clerk, or at other locations
20provided by the board of election commissioners or the common council in cities over
21500,000 population or by either or both the municipal clerk, or the common council,
22village or town board in all other municipalities. Other registration locations may
23include but are not limited to fire houses, police stations, public libraries, institutions
24of higher education, supermarkets, community centers, plants and factories, banks,
25savings and loan associations and savings banks. Special registration deputies shall
1be appointed for each location unless the location can be sufficiently staffed by the
2board of election commissioners or the municipal clerk or his or her deputies. An
3elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at
4the office of the municipal clerk of the municipality where the elector resides.
AB379,6
5Section
6. 6.29 (2) (e) of the statutes is created to read:
AB379,9,96
6.29
(2) (e) The municipal clerk or clerk's agent shall promptly add the names
7of qualified electors who register and vote under this section to the registration list.
8The clerk or clerk's agent shall add the names of qualified electors who vote at their
9polling places in the manner prescribed in s. 6.33 (5) (a).
AB379,7
10Section
7. 6.30 (1) of the statutes is amended to read:
AB379,9,1211
6.30
(1) In person. An elector shall apply for registration in person, except as
12provided under
sub. subs. (4)
and (5) and s. 6.86 (3) (a) 2.
AB379,8
13Section
8. 6.30 (5) of the statutes is created to read:
AB379,9,2514
6.30
(5) By electronic application. Any eligible elector who holds a current
15and valid operator's license issued under ch. 343 or a current and valid identification
16card issued under s. 343.50 may register electronically in the manner prescribed by
17the board. The board shall maintain on the Internet a secure registration form that
18enables the elector to enter the information required under s. 6.33 (1) electronically.
19The form shall contain an authorization for the board to obtain from the department
20of transportation an electronic copy of the applicant's signature. For purposes of this
21subsection, the signature is an affirmance that all information provided by the
22elector is correct and shall have the same effect as if the applicant had signed the
23application personally. Upon submittal of the electronic application, the board shall
24obtain from the department of transportation a copy of the electronic signature of the
25applicant and shall integrate the signature into the applicant's electronic
1application. The board shall maintain the electronically integrated application on
2file together with nonelectronic applications and shall notify the municipal clerk or
3board of election commissioners of the municipality where the applicant resides of
4its receipt of each completed application. The board shall also permit any elector who
5has a current and valid operator's license issued to the elector under ch. 343 or a
6current and valid identification card issued under s. 343.50 to make changes in his
7or her registration authorized under s. 6.40 (1) at the same Internet site that is used
8by electors for original registration under this subsection. An elector shall attest to
9the correctness of any changes in the same manner as provided in this subsection for
10information entered on an application for original registration.
AB379,9
11Section
9. 6.32 of the statutes is amended to read:
AB379,10,16
126.32 Verification of certain registrations. (1) Upon receipt of a
13registration form that is submitted by mail under s. 6.30 (4)
or by electronic
14application under s. 6.30 (5) or that is submitted by a special registration deputy
15appointed under s. 6.26, the
board or municipal clerk shall examine the form for
16sufficiency.
AB379,10,21
17(2) If the form is insufficient to accomplish registration or the
board or clerk
18knows or has reliable information that the proposed elector is not qualified, the
board
19or clerk shall notify the proposed elector within 5 days, if possible, and request that
20the elector appear at the clerk's office or
other
another registration
center location 21to complete a proper registration or substantiate the information presented.
AB379,10,25
22(3) If the form is submitted later than the close of registration, the
board or 23clerk shall make a good faith effort to notify the elector that he or she may register
24at the clerk's office under s. 6.29 or at the proper polling place or other location
25designated under s. 6.55 (2).
AB379,11,11
1(4) If the form is sufficient to accomplish registration and the
board or clerk has
2no reliable information to indicate that the proposed elector is not qualified, the
3board or clerk shall enter the elector's name on the registration list and transmit a
41st class letter or postcard to the registrant, specifying the elector's ward
or and 5aldermanic district
, or both, if any, and polling place. The letter or postcard shall be
6sent within 10 days of receipt of the form. If the letter or postcard is returned, or if
7the
board or clerk is informed of a different address than the one specified by the
8elector, the
board or clerk shall change the status of the elector on the list from
9eligible to ineligible. The letter or postcard shall be marked in accordance with postal
10regulations to ensure that it will be returned to the
board or clerk if the elector does
11not reside at the address given on the letter or postcard.
AB379,10
12Section
10. 6.33 (1) of the statutes is amended to read:
AB379,12,2513
6.33
(1) The board shall prescribe the format, size, and shape of registration
14forms. All
nonelectronic forms shall be printed on cards and each item of information
15shall be of uniform font size, as prescribed by the board.
Except as otherwise
16provided in this subsection, electronic forms shall contain the same information as
17nonelectronic forms. The municipal clerk shall supply sufficient forms to meet voter
18registration needs. The forms shall be designed to obtain from each applicant
19information as to name; date; residence location; location of previous residence
20immediately before moving to current residence location; citizenship; date of birth;
21age; the number of a current and valid operator's license issued to the elector under
22ch. 343 or the last 4 digits of the elector's social security account number; whether
23the applicant has resided within the ward or election district for
at least 28 the
24number of consecutive days
specified in s. 6.02 (1); whether the applicant has been
25convicted of a felony for which he or she has not been pardoned, and if so, whether
1the applicant is incarcerated, or on parole, probation, or extended supervision;
2whether the applicant is disqualified on any other ground from voting; and whether
3the applicant is currently registered to vote at any other location.
The Except as
4provided in s. 6.30 (5), the form shall include a space for the applicant's signature.
5Below the space for the signature, the form shall state "Falsification of information
6on this form is punishable under Wisconsin law as a Class I felony.". The form shall
7include a space to enter the name of any special registration deputy under s. 6.26 or
86.55 (6) or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains
9the form and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her
10name, affirming that the deputy, inspector, clerk, or deputy clerk has accepted the
11form. The form shall include a space for entry of the ward and aldermanic district,
12if any, where the elector resides and any other information required to determine the
13offices and referenda for which the elector is certified to vote. The form shall also
14include a space where the clerk may record an indication of whether the form is
15received by mail
or by electronic application, a space where the clerk shall record an
16indication of the type of identifying document submitted by the elector as proof of
17residence under s. 6.34
or an indication that the elector's information in lieu of proof
18of residence was verified under s. 6.34 (2m), the name of the entity or institution that
19issued the identifying document, and, if the identifying document includes a number
20that applies only to the individual holding that document, that number. The form
21shall also include a space where the clerk, for any applicant who possesses a valid
22voting identification card issued to the person under s. 6.47 (3), may record the
23identification serial number appearing on the voting identification card. Each
24county clerk shall obtain sufficient registration forms for completion by an elector
25who desires to register to vote at the office of the county clerk under s. 6.28 (4).
AB379,11
1Section
11. 6.33 (2) (a) of the statutes is amended to read:
AB379,13,142
6.33
(2) (a) All information may be recorded by any person, except that the ward
3and aldermanic district, if any, other geographic information under sub. (1), the
4indication of whether the registration is received by mail
or by electronic application,
5the type of identifying document submitted by the elector as proof of residence under
6s. 6.34
or the indication of verification of information in lieu of proof of residence
7under s. 6.34 (2m), and any information relating to an applicant's voting
8identification card shall be recorded by the clerk.
Each Except as provided in s. 6.30
9(5), each applicant shall sign his or her own name unless the applicant is unable to
10sign his or her name due to physical disability. In such case, the applicant may
11authorize another elector to sign the form on his or her behalf. If the applicant so
12authorizes, the elector signing the form shall attest to a statement that the
13application is made upon request and by authorization of a named elector who is
14unable to sign the form due to physical disability.
AB379,12
15Section
12. 6.33 (5) (b) of the statutes is amended to read: