SB295: Bill Text

Under current law, GAB must, by rule, prescribe requirements for certifying individuals to serve as chief inspectors for an election. The board must include training as part of those requirements, but the board may not require an individual who receives the training to take an examination. This bill allows the board to require such an examination.

Electronic poll lists

This bill requires GAB to facilitate the creation and maintenance of electronic poll lists.

Electronic voting systems

This bill allows GAB to certify any voting device, automatic tabulating equipment, or related equipment and materials for use in an electronic voting system, regardless of whether any such items are approved by the federal Election Assistance Commission.

Under current law, for the purpose of counting the votes cast using an electronic voting system, when an elector votes for more candidates for an office than are allowed to hold that office, an election official must create a duplicate ballot to record all the other votes that the elector cast and to eliminate the overvote. The official then marks the original and the duplicate and secures them both in the ballot container with the other ballots.

Under the bill, an election official may, instead, use the override function of the electronic voting system in order to record all votes of the elector on the original ballot other than the votes for the overvoted office. The official then marks the original ballot as an overvoted ballot and secures that ballot with the other ballots in the ballot container.

Proof of residency; residential care facility

Under current law, an individual who wants to register to vote must present proof of residency. An individual may present any of number of different documents to prove where the individual lives, including a valid and current driver's license or identification card, a property tax bill, an utility bill, a bank statement, or a check or other document issued by a governmental unit. Under current law, the proof of residency must specify the individual's name and his or her complete and current residential address, including the numbered street address and the municipality.

Under this bill, for purposes of registering to vote with election registration officials, an occupant of a residential care facility may use a contract or intake document prepared by the residential care facility that specifies that the occupant currently resides in the facility. The bill does not apply to occupants of a retirement home.

Receiving absentee ballots by mail

This bill changes the date by which an elector must return and a municipal clerk must receive an absentee ballot by mail. Under current law, an elector may vote by absentee ballot either in person or by returning a completed ballot by U.S. mail. Current law requires a municipal clerk to accept and count the votes on absentee ballots received by mail as long as the ballot is postmarked no later than election day and received in the office of the municipal clerk by 4 p.m. on the Friday following election day.

This bill retains the right of an elector to vote by absentee ballot by mail, but requires the elector to return the ballot so that it is received no later than 8 p.m. on election day. Under current law, the polls close at 8 p.m. on election day.

Absentee ballots; witness certificate

Under current law, in order to vote using an absentee ballot, an individual must complete a certificate, which certifies that the individual is a qualified elector. The individual must sign the certificate in the presence of a witness who must also sign the certificate and provide his or her name and address. Under this bill, an absentee ballot may not be counted if the certificate is missing the address of a witness.

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:

SB295,1 Section 1. 5.02 (4g) of the statutes is created to read:

SB295,5,3 5.02 (4g) "Election registration official" means an individual appointed to register electors at the polling place.

SB295,2 Section 2. 5.05 (16) of the statutes is created to read:

SB295,5,7 5.05 (16) Electronic poll lists. The board shall facilitate the creation and maintenance of electronic poll lists for purposes of s. 6.79 including entering into contracts with vendors and establishing programs for development and testing.

SB295,3 Section 3. 5.056 of the statutes is amended to read:

SB295,5,14 5.056 Matching program with secretary of transportation. The administrator of the elections division of the board shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the board under s. 6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable information maintained by the department of transportation.

SB295,4 Section 4. 5.85 (2) (b) 1. of the statutes is amended to read:

SB295,6,12 5.85 (2) (b) 1. In case of an overvote for any office, the election officials shall may either use the override function of the electronic voting system in order to eliminate the votes for the overvoted office or make a true duplicate ballot of all votes on the ballot except for the office that is overvoted in the manner described in this subdivision. The If the election officials make a true duplicate ballot, they shall use an official ballot of that kind used by the elector who voted the original ballot, and one of the marking devices, so as to transfer all votes of the elector except for the office overvoted to an official ballot of that kind used in the ward at that election. Unless election officials are selected under s. 7.30 (4) (c) without regard to party affiliation, whenever election officials of both of the 2 major political parties are present, the election officials acting under this subdivision shall consist in each case of at least one election official of each of the parties.

SB295,5 Section 5. 5.85 (2) (b) 2. of the statutes is amended to read:

SB295,6,25 5.85 (2) (b) 2. On any original ballot upon which there is an overvote, the election officials shall, in the space on the ballot for official endorsement, identify the ballot as an "Overvoted Ballot" and write a serial number. On the any duplicate ballot produced under subd. 1., the election officials shall, in the space on the ballot for official endorsement, identify the ballot as a "Duplicate Overvoted Ballot" and write a serial number. The election officials shall place the same serial number on each "Overvoted Ballot" and its corresponding "Duplicate Overvoted Ballot," commencing with number "1" and continuing consecutively for each of the ballots for which a "Duplicate Overvoted Ballot" is produced in that ward or election district. The election officials shall initial the "Duplicate Overvoted Ballot" ballots and shall place them in the container for return of the ballots. The "Overvoted Ballot" ballots and their envelopes shall be placed in the "Original Ballots" envelope.

SB295,6 Section 6. 5.90 (1) of the statutes is amended to read:

SB295,7,20 5.90 (1) Except as otherwise provided in this subchapter, recounts of votes cast on an electronic voting system shall be conducted in the manner prescribed in s. 9.01. Except as provided in this subsection, sub. (2), and s. 9.01 (1) (b) 8s., if the ballots are distributed to the electors, the board of canvassers shall recount the ballots with automatic tabulating equipment. The board of canvassers shall test the automatic tabulating equipment to be used prior to the recount as provided in s. 5.84, and then the official ballots or the record of the votes cast shall be recounted on the automatic tabulating equipment. In addition, the board of canvassers shall check the ballots for the presence or absence of the initials and other distinguishing marks, shall examine the ballots marked "Rejected", "Defective", "Overvoted", and "Objected to" to determine the propriety of such labels, and shall compare the "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots" with their respective originals to determine the correctness of the duplicates. Unless a court orders a recount to be conducted by another method under sub. (2), the board of canvassers may determine to conduct the recount of a specific election by hand and may determine to conduct the recount by hand for only certain wards or election districts. If electronic voting machines are used, the board of canvassers shall perform the recount using the permanent paper record of the votes cast by each elector, as generated by the machines.

SB295,7 Section 7. 5.91 (intro.) of the statutes is amended to read:

SB295,8,7 5.91 Requisites for approval of ballots, devices and equipment. (intro.) No ballot, voting device, automatic tabulating equipment, or related equipment and materials to be used in an electronic voting system may be utilized in this state unless it is approved certified by the board. The board may revoke its approval certification of any ballot, device, equipment or materials at any time for cause. No such ballot, voting device, automatic tabulating equipment or related equipment or material may be approved The board may certify any such voting device, automatic tabulating equipment, or related equipment or materials regardless of whether any such item is approved by the federal election assistance commission, but the board may not certify any ballot, device, equipment, or material to be used in an electronic voting system unless it fulfills the following requirements:

SB295,8 Section 8. 6.22 (5) of the statutes is amended to read:

SB295,8,14 6.22 (5) Voting procedure. Except as provided in s. 7.515 and as authorized in s. 6.25, the ballot shall be marked and returned, deposited and recorded in the same manner as other absentee ballots. In addition, the certification under s. 6.87 (2) shall have a statement of the elector's birth date. Failure to return any unused ballots in a primary election does not invalidate the ballot on which the elector casts his or her votes.

SB295,9 Section 9. 6.24 (3) of the statutes is amended to read:

SB295,8,21 6.24 (3) Registration. The overseas elector shall register in the municipality where he or she was last domiciled or where the overseas elector's parent was last domiciled on a form prescribed by the board designed to ascertain the elector's qualifications under this section. The form board shall be ensure that the form is substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (4) or (5).

SB295,10 Section 10. 6.25 (1) (a) of the statutes is amended to read:

SB295,9,6 6.25 (1) (a) Any individual who qualifies as a military elector under s. 6.22 (1) (b) and who transmits an application for an official absentee ballot for any election, including a primary election, no later than the latest time specified for the elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under 42 USC 1973ff-2 for any candidate for an office listed on the official ballot or for all of the candidates of any recognized political party for the offices listed on the official ballot at that election if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the applicable time prescribed in s. 6.87 (6) or 7.515 (3).

SB295,11 Section 11. 6.25 (1) (b) of the statutes is amended to read:

SB295,9,16 6.25 (1) (b) Any individual who qualifies as an overseas elector under s. 6.24 (1) and who transmits an application for an official absentee ballot for an election for national office, including a primary election, no later than the latest time specified for an elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all candidates of any recognized political party for national office listed on the official ballot at that election, if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the applicable time prescribed in s. 6.87 (6) or 7.515 (3).

SB295,12 Section 12. 6.26 of the statutes, as affected by 2015 Wisconsin Act 39, is repealed.

SB295,13 Section 13. 6.275 (1) (b) of the statutes is amended to read:

SB295,9,23 6.275 (1) (b) The total number of electors of the municipality residing in that county who were preregistered on the deadline specified in s. 6.28 (1) (a), including valid mail registrations which are postmarked by that day and valid electronic registrations entered under s. 6.30 (5).

SB295,14 Section 14. 6.28 (1) of the statutes is renumbered 6.28 (1) (a) and amended to read:

SB295,10,7 6.28 (1) Registration locations; deadline; locations. (a) Except as authorized in ss. 6.29, 6.55 (2), and 6.86 (3) (a) 2., registration in person for any an election shall close closes at 5 p.m. on the 3rd Wednesday preceding the election. Registrations made by mail under s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked no later than the 3rd Wednesday preceding the election. Electronic registration under s. 6.30 (5) for an election closes at midnight on the 3rd Wednesday preceding the election.

SB295,10,20 (b) All applications for registration corrections and additions may be made throughout the year at the office of the city board of election commissioners, at the office of the municipal clerk, at the office of the county clerk, or at other locations provided by the board of election commissioners or the common council in cities over 500,000 population or by either or both the municipal clerk, or the common council, village or town board in all other municipalities. Other registration locations may include but are not limited to fire houses, police stations, public libraries, institutions of higher education, supermarkets, community centers, plants and factories, banks, savings and loan associations and savings banks. Special registration deputies shall be appointed for each location unless the location can be sufficiently staffed by the board of election commissioners or the municipal clerk or his or her deputies. An elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.

SB295,15 Section 15. 6.30 (1) of the statutes is amended to read:

SB295,10,23 6.30 (1) In person. An elector shall apply for registration in person, except as provided under sub. subs. (4) and (5) and s. 6.86 (3) (a) 2.

SB295,16 Section 16. 6.30 (5) of the statutes is created to read:

SB295,11,24 6.30 (5) By electronic application. An eligible elector who holds a current and valid operator's license issued under ch. 343 or a current and valid identification card issued under s. 343.50 may register electronically in the manner prescribed by the board. The board shall maintain on the Internet a secure registration form that enables the elector to enter the information required under s. 6.33 (1) electronically. An elector who registers electronically under this subsection must authorize the board to obtain from the department of transportation an electronic copy of the elector's signature, which signature shall constitute an affirmance that all information provided by the elector is correct and shall have the same effect as if the elector had signed the application personally. The board shall include on the registration form a place for the elector to give this authorization. Upon submittal of the electronic application, the board shall obtain from the department of transportation a copy of the electronic signature of the elector and shall integrate the signature into the elector's electronic application. The board shall maintain the electronically integrated application on file together with nonelectronic applications and shall notify the municipal clerk or board of election commissioners of the municipality where the elector resides of its receipt of each completed application. The board shall also permit any elector who 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 to make changes in his or her registration authorized under s. 6.40 (1) at the same Internet site that is used by electors for original registration under this subsection. An elector shall attest to the correctness of any changes in the same manner as provided in this subsection for information entered on an application for original registration.

SB295,17 Section 17. 6.32 of the statutes is amended to read:

SB295,12,4 6.32 Verification of certain registrations. (1) Upon receipt of a registration form that is submitted by mail under s. 6.30 (4) or that is submitted by a special registration deputy appointed under s. 6.26 or by electronic application under s. 6.30 (5), the board or municipal clerk shall examine the form for sufficiency.

SB295,12,9 (2) If the form is insufficient to accomplish registration or the board or clerk knows or has reliable information that the proposed elector is not qualified, the board or clerk shall notify the proposed elector within 5 days, if possible, and request that the elector appear at the clerk's office or other another registration center location to complete a proper registration or substantiate the information presented.

SB295,12,13 (3) If the form is submitted later than the close of registration, the board or clerk shall make a good faith effort to notify the elector that he or she may register at the clerk's office under s. 6.29 or at the proper polling place or other location designated under s. 6.55 (2).

SB295,12,24 (4) If the form is sufficient to accomplish registration and the board or clerk has no reliable information to indicate that the proposed elector is not qualified, the board or clerk shall enter the elector's name on the registration list and transmit a 1st class letter or postcard to the registrant, specifying the elector's ward or and aldermanic district, or both, if any, and polling place. The letter or postcard shall be sent within 10 days of receipt of the form. If the letter or postcard is returned, or if the board or clerk is informed of a different address than the one specified by the elector, the board or clerk shall change the status of the elector on the list from eligible to ineligible. The letter or postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the board or clerk if the elector does not reside at the address given on the letter or postcard.

SB295,18 Section 18. 6.33 (1) of the statutes is amended to read:

SB295,14,17 6.33 (1) The board shall prescribe the format, size, and shape of registration forms. All nonelectronic forms shall be printed on cards and each item of information shall be of uniform font size, as prescribed by the board. Except as otherwise provided in this subsection, electronic forms shall contain the same information as nonelectronic forms. The municipal clerk shall supply sufficient forms to meet voter registration needs. The forms board shall be designed design the form to obtain from each applicant elector information as to name; date; residence location; location of previous residence immediately before moving to current residence location; citizenship; date of birth; age; the number of a current and valid operator's license issued to the elector under ch. 343 or the last 4 digits of the elector's social security account number; whether the applicant elector has resided within the ward or election district for at least 28 the number of consecutive days specified in s. 6.02 (1); whether the applicant elector has been convicted of a felony for which he or she has not been pardoned, and if so, whether the applicant elector is incarcerated, or on parole, probation, or extended supervision; whether the applicant elector is disqualified on any other ground from voting; and whether the applicant elector is currently registered to vote at any other location. The form board shall include on the nonelectronic form a space for the applicant's elector's signature and on the electronic form the authorization specified under s. 6.30 (5). Below the space for the signature or authorization, respectively, the form board shall state include the following statement: "Falsification of information on this form is punishable under Wisconsin law as a Class I felony.". The form board shall include on the form a space to enter the name of any special registration deputy under s. 6.26 or 6.55 (6) or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name, affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form. The form board shall include on the form a space for entry of the ward and aldermanic district, if any, where the elector resides and any other information required to determine the offices and referenda for which the elector is certified to vote. The form board shall also include on the form a space where the clerk may record an indication of whether the form is received by mail or by electronic application, a space where the clerk shall record an indication of the type of identifying document submitted by the elector as proof of residence under s. 6.34 or an indication that the elector's information in lieu of proof of residence was verified under s. 6.34 (2m), the name of the entity or institution that issued the identifying document, and, if the identifying document includes a number that applies only to the individual holding that document, that number. The form board shall also include on the form a space where the clerk, for any applicant elector who possesses a valid voting identification card issued to the person under s. 6.47 (3), may record the identification serial number appearing on the voting identification card. Each county clerk shall obtain sufficient registration forms for completion by an elector who desires to register to vote at the office of the county clerk under s. 6.28 (4).

SB295,19 Section 19. 6.33 (2) (a) of the statutes is amended to read:

SB295,15,6 6.33 (2) (a) All information may be recorded by any person, except that the ward and aldermanic district, if any, other geographic information under sub. (1), the indication of whether the registration is received by mail or by electronic application, the type of identifying document submitted by the elector as proof of residence under s. 6.34 or an indication that the elector's information in lieu of proof of residence was verified under s. 6.34 (2m), and any information relating to an applicant's elector's voting identification card shall be recorded by the clerk. Each applicant Except as provided in s. 6.30 (5), each elector shall sign his or her own name unless the applicant elector is unable to sign his or her name due to physical disability. In such case, the applicant elector may authorize another elector to sign the form on his or her behalf. If the applicant elector so authorizes, the elector signing the form shall attest to a statement that the application is made upon request and by authorization of a named elector who is unable to sign the form due to physical disability.

SB295,20 Section 20. 6.33 (2) (b) of the statutes is amended to read:

SB295,15,11 6.33 (2) (b) Except as provided in s. 6.86 (3) (a) 2., the registration form shall be signed by the registering elector before the clerk, issuing officer or registration deputy election registration official. The form shall contain a certification by the registering elector that all statements are true and correct.

SB295,21 Section 21. 6.34 (2) of the statutes is amended to read:

SB295,15,18 6.34 (2) Upon Except as provided in sub. (2m), upon completion of a registration form prescribed under s. 6.33, each eligible elector who is required to register under s. 6.27, who is not a military elector or an overseas elector, shall provide an identifying document that establishes proof of residence under sub. (3). If the elector registered by mail or by electronic application, the identifying document may not be a residential lease.

SB295,22 Section 22. 6.34 (2m) of the statutes is created to read:

SB295,15,25 6.34 (2m) An elector who registers by electronic application under s. 6.30 (5) is not required to provide proof of residence under sub. (2) if, at the time of registration, the elector provides the number of a current and valid operator's license issued under ch. 343 together with the elector's name and date of birth and the board is able to verify the information specified under sub. (3) (b) using the system maintained under sub. (4).

SB295,23 Section 23. 6.34 (3) (a) 7. b. of the statutes is amended to read:

SB295,16,9 6.34 (3) (a) 7. b. An identification card issued by a university, college or technical college that contains a photograph of the cardholder if the university, college, or technical college that issued the card provides a certified and current list of students who reside in housing sponsored by the university, college, or technical college and who are U.S. citizens to the municipal clerk prior to the election showing the current address of the students and if the municipal clerk, special registration deputy election registration official, or inspector verifies that the student presenting the card is included on the list.

SB295,24 Section 24. 6.34 (3) (a) 12. of the statutes is created to read:

SB295,16,15 6.34 (3) (a) 12. For an occupant of a residential care facility, as defined in s. 6.875 (1) (bm), for the purpose of registering at the facility, a contract or intake document prepared by the residential care facility that specifies that the occupant currently resides in the facility. The contract or intake document may also identify the room or unit in which the occupant resides.

SB295,25 Section 25. 6.34 (4) of the statutes is created to read:

SB295,16,21 6.34 (4) The board shall maintain a system that electronically verifies, on an instant basis, information specified under sub. (3) (b) from the information submitted in lieu of proof of residence under sub. (2m), using the information maintained by the department of transportation pursuant to the board's agreement with the secretary of transportation under s. 85.61 (1).

SB295,26 Section 26. 6.35 (1) (intro.) of the statutes is amended to read:

SB295,16,25 6.35 (1) (intro.) Under the direction of the municipal clerk or board of election commissioners, the original registration forms shall be filed in one of the following ways, except as provided in sub. subs. (1m) and (2):

SB295,27 Section 27. 6.35 (2) of the statutes is created to read:

SB295,17,4 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).

SB295,28 Section 28. 6.36 (1) (ae) of the statutes is created to read:

SB295,17,16 6.36 (1) (ae) The chief election officer shall enter into a membership agreement with Electronic Registration Information Center, Inc., for the purpose of maintaining the official registration list under this section. Prior to entering into an agreement under this paragraph, the chief election officer shall ensure that the agreement safeguards the confidentiality of information or data in the registration list that may be subject to transfer under the agreement and to which access is restricted under par. (b) 1. a. If the chief election officer enters into an agreement under this paragraph, the chief election officer shall comply with the terms of the agreement, including the transmission of information and data related to the registration of electors in this state to the Electronic Registration Information Center, Inc., for processing and sharing with other member states and governmental units.

SB295,29 Section 29. 6.36 (1) (b) 1. a. of the statutes is amended to read:

SB295,18,2 6.36 (1) (b) 1. a. Except as provided in pars. (ae), (bm), and (bn), no person other than an employee of the board, a county clerk, a deputy county clerk, an executive director of a county board of election commissioners, a deputy designated by the executive director, a municipal clerk, a deputy municipal clerk, an executive director of a city board of election commissioners, or a deputy designated by the executive director may view the date of birth, operator's license number, or social security account number of an elector, the address of an elector to whom an identification serial number is issued under s. 6.47 (3), or any indication of an accommodation required under s. 5.25 (4) (a) to permit voting by an elector.

SB295,30 Section 30. 6.36 (2) (c) of the statutes is amended to read:

SB295,18,13 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. If proof of residence is provided, the type of identifying document submitted by the elector and the name of the entity or institution that issued the identifying document, or an indication that the information provided by the elector in lieu of proof of residence was verified under s. 6.34 (2m), shall be entered on the list in the space provided. Proof Except as provided in s. 6.34 (2m), 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 and has not previously voted in an election in this state.

SB295,31 Section 31. 6.40 (1) (a) 1. of the statutes is amended to read:

SB295,19,2 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.

SB295,32 Section 32. 6.40 (1) (c) of the statutes is amended to read:

SB295,19,12 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).

SB295,33 Section 33. 6.50 (10) of the statutes is amended to read:

SB295,19,18 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).

SB295,34 Section 34. 6.55 (2) (b) of the statutes is amended to read: