SB295: Bill Text

LRB-3535/1

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2015 - 2016 LEGISLATURE

2015 Senate BILL 295

October 9, 2015 - Introduced by Senators LeMahieu, Risser, Wanggaard and Miller, cosponsored by Representatives Bernier, Berceau, Czaja, Kahl, Kleefisch, Knudson, Kolste, Pope, Rohrkaste, Sargent, Swearingen, Tittl and Vorpagel. Referred to Committee on Elections and Local Government.

SB295,2,5 An Act to repeal 6.26 and 7.515; to renumber and amend 6.28 (1); to amend 5.056, 5.85 (2) (b) 1., 5.85 (2) (b) 2., 5.90 (1), 5.91 (intro.), 6.22 (5), 6.24 (3), 6.25 (1) (a), 6.25 (1) (b), 6.275 (1) (b), 6.30 (1), 6.32, 6.33 (1), 6.33 (2) (a), 6.33 (2) (b), 6.34 (2), 6.34 (3) (a) 7. b., 6.35 (1) (intro.), 6.36 (1) (b) 1. a., 6.36 (2) (c), 6.40 (1) (a) 1., 6.40 (1) (c), 6.50 (10), 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (cs), 6.55 (2) (d), 6.55 (6), 6.79 (1m), 6.79 (2) (d), 6.86 (3) (b), 6.86 (3) (c), 6.87 (4) (b) 1., 6.87 (6), 7.03 (1) (d), 7.08 (1) (c), 7.30 (2) (a), 7.31 (1), 7.315 (1) (a), 7.315 (1) (b) 1., 7.315 (1) (b) 2., 7.315 (3), 7.37 (13), 7.51 (5) (b), 7.53 (1) (a), 7.53 (3) (a), 9.01 (1) (a) 1., 17.29, 85.61 (1) and 343.027; and to create 5.02 (4g), 5.05 (16), 6.30 (5), 6.34 (2m), 6.34 (3) (a) 12., 6.34 (4), 6.35 (2), 6.36 (1) (ae), 6.87 (6d), 7.315 (4) and 7.315 (5) of the statutes; relating to: electronic voter registration, verification of certain registrations, proof of residence for voting in an election, authorizing Wisconsin to enter into agreements to share information related to the registration and voting of electors; election registration officials; testing election officials after training; electronic poll lists; election equipment approval; overvoted ballots; voter registration proof of residency for an individual in a residential care facility; counting of absentee ballots; witness address required for valid absentee ballot; and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill makes the following changes to the election laws:

Electronic voter registration

This bill permits a qualified elector to register to vote electronically, eliminates the position and responsibilities of special registration deputies, and requires the Government Accountability Board (GAB) to enter into agreements with other state election administrators to share information related to the registration and voting of qualified electors.

Currently, a qualified elector may register to vote at any election by mail, in person at the office of the municipal or county clerk or board of election commissioners for the municipality or county where the elector resides, or by completing a registration form with a special registration deputy no later than the 20th day before the election. A qualified elector may also register to vote at an election in person at the office of the municipal clerk or board of election commissioners for the municipality where the elector resides no later than 5 p.m. on the Friday before the election. In order to register, an elector must provide his or her name and address and certain other information required to ascertain his or her eligibility and must sign the form. With certain exceptions, an elector who registers after the 20th day before an election or an elector who registers by mail and who has not voted before in an election in this state must provide proof of residence prior to voting. Currently, the clerk or board of election commissioners must verify each registration received by mail or submitted by a special registration deputy by sending a first-class letter or postcard to the registrant at the registrant's address.

This bill permits a qualified elector who has a current and valid driver's license or identification card issued by the Department of Transportation (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 to elector 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.

Current law permits municipal clerks to appoint qualified electors to serve as special registration deputies in a municipality for the purpose of registering electors of that municipality prior to the close of registration. The municipal clerk may authorize a special registration deputy to register electors at a polling place if the registration process would be facilitated by that authorization. Individuals must generally complete training provided by GAB prior to serving as a special registration deputy. This bill eliminates the authority to appoint and use special registration deputies.

This bill requires the chief election officer to enter into an agreement with the Electronic Registration Information Center for the purpose of maintaining this state's statewide voter registration list.

Election registration officials

This bill allows the municipal clerk or board of election commissioners to appoint election registration officials to register voters at the polling place on election day. The bill also requires election registration officials to receive the same training as inspectors. Under the bill, the term "election registration official" refers to an individual who is appointed to register electors at the polling place.

Testing

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.