LRB-4472/1
JK&ARG:wlj&kjf
2015 - 2016 LEGISLATURE
January 22, 2016 - Introduced by Senator L. Taylor, cosponsored by
Representatives Berceau, Billings, Brostoff, Danou, Doyle, Goyke,
Johnson, Kolste, Ohnstad, Pope, Sinicki, Spreitzer, Subeck, C. Taylor,
Wachs and Zepnick. Referred to Committee on Elections and Local
Government.
SB620,1,6
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), 6.34 (2), 6.35 (1) (intro.), 6.36 (2) (c), 6.40 (1) (a) 1., 6.40 (1) (c), 6.50
3(10), 6.55 (2) (d), 6.86 (3) (c), 6.87 (4) (b) 1., 7.08 (1) (c), 85.61 (1) and 343.027;
4and
to create 6.30 (5), 6.34 (2m), 6.34 (4) and 6.35 (2) of the statutes;
relating
5to: electronic voter registration, verification of certain registrations, and proof
6of residence for voting in an election and granting rule-making authority.
Analysis by the Legislative Reference Bureau
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. An elector must also provide proof of residence.
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 the
Government Accountability Board (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. If an elector does not have a current and valid
driver's license or identification card, the elector may complete an electronic
registration by uploading a copy of the elector's signature and providing the last four
digits of the elector's social security number, except that the elector may check a box
on the electronic application attesting to the accuracy of the information contained
in the application instead of uploading his or her signature. An eligible elector who
does not have a driver's license or identification card must also upload a copy of his
or her proof of residence. The bill also permits an elector who is currently registered
to vote 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.
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 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.
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:
SB620,1
1Section
1. 5.056 of the statutes is amended to read:
SB620,3,3
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
1identifiable information on the official registration list maintained by the board
2under s. 6.36 (1)
and the information specified in s. 6.34 (2m) with personally
3identifiable information maintained by the department of transportation.
SB620,2
4Section
2. 6.24 (3) of the statutes is amended to read:
SB620,3,105
6.24
(3) Registration. The overseas elector shall register in the municipality
6where he or she was last domiciled or where the overseas elector's parent was last
7domiciled on a form prescribed by the board designed to ascertain the elector's
8qualifications under this section. The form shall be substantially similar to the
9original form under s. 6.33 (1), insofar as applicable. Registration shall be
10accomplished in accordance with s. 6.30 (4)
or (5).
SB620,3
11Section
3. 6.275 (1) (b) of the statutes is amended to read:
SB620,3,1512
6.275
(1) (b) The total number of electors of the municipality residing in that
13county who were preregistered on the deadline specified in s. 6.28 (1), including valid
14mail registrations which are postmarked by that day
and valid electronic
15registrations entered under s. 6.30 (5).
SB620,4
16Section
4. 6.28 (1) of the statutes is amended to read:
SB620,4,1017
6.28
(1) Registration locations; deadline. Except as authorized in ss. 6.29,
186.55 (2), and 6.86 (3) (a) 2., registration in person for any election shall close at 5 p.m.
19on the 3rd Wednesday preceding the election. Registrations made by mail under s.
206.30 (4) must be delivered to the office of the municipal clerk or postmarked no later
21than the 3rd Wednesday preceding the election.
Electronic registration for an
22election under s. 6.30 (5) shall close at midnight on the 3rd Wednesday preceding the
23election. All applications for registration corrections and additions may be made
24throughout the year at the office of the city board of election commissioners, at the
25office of the municipal clerk, at the office of the county clerk, or at other locations
1provided by the board of election commissioners or the common council in cities over
2500,000 population or by either or both the municipal clerk, or the common council,
3village or town board in all other municipalities. Other registration locations may
4include but are not limited to fire houses, police stations, public libraries, institutions
5of higher education, supermarkets, community centers, plants and factories, banks,
6savings and loan associations and savings banks. Special registration deputies shall
7be appointed for each location unless the location can be sufficiently staffed by the
8board of election commissioners or the municipal clerk or his or her deputies. An
9elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at
10the office of the municipal clerk of the municipality where the elector resides.
SB620,5
11Section
5. 6.30 (1) of the statutes is amended to read:
SB620,4,1312
6.30
(1) In person. An elector shall apply for registration in person, except as
13provided under
sub. subs. (4)
and (5) and s. 6.86 (3) (a) 2.
SB620,6
14Section
6. 6.30 (5) of the statutes is created to read:
SB620,5,1815
6.30
(5) By electronic application. Any eligible elector may register
16electronically in the manner prescribed by the board. The board shall maintain on
17the Internet a secure registration form that enables the elector to enter the
18information required under s. 6.33 (1) electronically. The form shall contain an
19authorization for the board to obtain from the department of transportation an
20electronic copy of the applicant's signature, which signature shall constitute an
21affirmance that all information provided by the elector is correct and shall have the
22same effect as if the applicant had signed the application personally. Upon submittal
23of the electronic application, the board shall obtain from the department of
24transportation a copy of the electronic signature of the applicant and shall integrate
25the signature into the applicant's electronic application. If an eligible elector does
1not hold a current and valid operator's license issued under ch. 343 or a current and
2valid identification card issued under s. 343.50, the elector shall upload a copy of the
3elector's signature to the registration form and provide on the registration form the
4last 4 digits of the elector's social security number, except that an eligible elector may
5check a box on the electronic application attesting to the accuracy of the information
6contained in the application instead of uploading his or her signature. An eligible
7elector who does not hold a current and valid operator's license issued under ch. 343
8or a current and valid identification card issued under s. 343.50 shall also upload to
9the registration form a copy of his or her identifying document to establish proof of
10residence, as provided under s. 6.34. The board shall maintain the electronically
11integrated application on file together with nonelectronic applications and shall
12notify the municipal clerk or board of election commissioners of the municipality
13where the applicant resides of its receipt of each completed application. The board
14shall also permit any elector to make changes in his or her registration authorized
15under s. 6.40 (1) at the same Internet site that is used by electors for original
16registration under this subsection. An elector shall attest to the correctness of any
17changes in the same manner as provided in this subsection for information entered
18on an application for original registration.
SB620,7
19Section
7. 6.32 of the statutes is amended to read:
SB620,5,24
206.32 Verification of certain registrations. (1) Upon receipt of a
21registration form that is submitted by mail under s. 6.30 (4)
or by electronic
22application under s. 6.30 (5) or that is submitted by a special registration deputy
23appointed under s. 6.26, the
board or municipal clerk shall examine the form for
24sufficiency.
SB620,6,5
1(2) If the form is insufficient to accomplish registration or the
board or clerk
2knows or has reliable information that the proposed elector is not qualified, the
board
3or clerk shall notify the proposed elector within 5 days, if possible, and request that
4the elector appear at the clerk's office or
other
another registration
center location 5to complete a proper registration or substantiate the information presented.
SB620,6,9
6(3) If the form is submitted later than the close of registration, the
board or 7clerk shall make a good faith effort to notify the elector that he or she may register
8at the clerk's office under s. 6.29 or at the proper polling place or other location
9designated under s. 6.55 (2).
SB620,6,20
10(4) If the form is sufficient to accomplish registration and the
board or clerk has
11no reliable information to indicate that the proposed elector is not qualified, the
12board or clerk shall enter the elector's name on the registration list and transmit a
131st class letter or postcard to the registrant, specifying the elector's ward
or and 14aldermanic district, or both, if any, and polling place. The letter or postcard shall be
15sent within 10 days of receipt of the form. If the letter or postcard is returned, or if
16the
board or clerk is informed of a different address than the one specified by the
17elector, the
board or clerk shall change the status of the elector on the list from
18eligible to ineligible. The letter or postcard shall be marked in accordance with postal
19regulations to ensure that it will be returned to the
board or clerk if the elector does
20not reside at the address given on the letter or postcard.
SB620,8
21Section
8. 6.33 (1) of the statutes is amended to read:
SB620,8,922
6.33
(1) The board shall prescribe the format, size, and shape of registration
23forms. All
nonelectronic forms shall be printed on cards and each item of information
24shall be of uniform font size, as prescribed by the board.
Except as otherwise
25provided in this subsection, electronic forms shall contain the same information as
1nonelectronic forms. The municipal clerk shall supply sufficient forms to meet voter
2registration needs. The forms shall be designed to obtain from each applicant
3information as to name; date; residence location; location of previous residence
4immediately before moving to current residence location; citizenship; date of birth;
5age; the number of a current and valid operator's license issued to the elector under
6ch. 343 or the last 4 digits of the elector's social security account number; whether
7the applicant has resided within the ward or election district for
at least 28 the
8number of consecutive days
specified in s. 6.02 (1); whether the applicant has been
9convicted of a felony for which he or she has not been pardoned, and if so, whether
10the applicant is incarcerated, or on parole, probation, or extended supervision;
11whether the applicant is disqualified on any other ground from voting; and whether
12the applicant is currently registered to vote at any other location.
The Except as
13provided in s. 6.30 (5), the form shall include a space for the applicant's signature.
14Below the space for the signature, the form shall state "Falsification of information
15on this form is punishable under Wisconsin law as a Class I felony.". The form shall
16include a space to enter the name of any special registration deputy under s. 6.26 or
176.55 (6) or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains
18the form and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her
19name, affirming that the deputy, inspector, clerk, or deputy clerk has accepted the
20form. The form shall include a space for entry of the ward and aldermanic district,
21if any, where the elector resides and any other information required to determine the
22offices and referenda for which the elector is certified to vote. The form shall also
23include a space where the clerk may record an indication of whether the form is
24received by mail
or by electronic application, a space where the clerk shall record an
25indication of the type of identifying document submitted by the elector as proof of
1residence under s. 6.34
or an indication that the elector's information in lieu of proof
2of residence was verified under s. 6.34 (2m), the name of the entity or institution that
3issued the identifying document, and, if the identifying document includes a number
4that applies only to the individual holding that document, that number. The form
5shall also include a space where the clerk, for any applicant who possesses a valid
6voting identification card issued to the person under s. 6.47 (3), may record the
7identification serial number appearing on the voting identification card. Each
8county clerk shall obtain sufficient registration forms for completion by an elector
9who desires to register to vote at the office of the county clerk under s. 6.28 (4).
SB620,9
10Section
9. 6.33 (2) (a) of the statutes is amended to read:
SB620,8,2311
6.33
(2) (a) All information may be recorded by any person, except that the ward
12and aldermanic district, if any, other geographic information under sub. (1), the
13indication of whether the registration is received by mail
or by electronic application,
14the type of identifying document submitted by the elector as proof of residence under
15s. 6.34
or an indication that the elector's information in lieu of proof of residence was
16verified under s. 6.34 (2m), and any information relating to an applicant's voting
17identification card shall be recorded by the clerk.
Each Except as provided in s. 6.30
18(5), each applicant shall sign his or her own name unless the applicant is unable to
19sign his or her name due to physical disability. In such case, the applicant may
20authorize another elector to sign the form on his or her behalf. If the applicant so
21authorizes, the elector signing the form shall attest to a statement that the
22application is made upon request and by authorization of a named elector who is
23unable to sign the form due to physical disability.
SB620,10
24Section
10. 6.34 (2) of the statutes is amended to read:
SB620,9,6
16.34
(2) Upon Except as provided in sub. (2m), upon completion of a registration
2form prescribed under s. 6.33, each eligible elector who is required to register under
3s. 6.27, who is not a military elector or an overseas elector, shall provide an
4identifying document that establishes proof of residence under sub. (3). If the elector
5registered by mail
or by electronic application, the identifying document may not be
6a residential lease.
SB620,11
7Section
11. 6.34 (2m) of the statutes is created to read:
SB620,9,128
6.34
(2m) An elector who registers by electronic application under s. 6.30 (5)
9is not required to provide proof of residence under sub. (2) if, at the time of
10registration, the elector provides the number of a current and valid operator's license
11issued under ch. 343 together with the elector's name and date of birth and the board
12is able to verify the information using the system maintained under sub. (4).
SB620,12
13Section
12. 6.34 (4) of the statutes is created to read:
SB620,9,1714
6.34
(4) The board shall maintain a system that electronically verifies, on an
15instant basis, information submitted in lieu of proof of residence under sub. (2m),
16using the information maintained by the department of transportation pursuant to
17the board's agreement with the secretary of transportation under s. 85.61 (1).
SB620,13
18Section
13. 6.35 (1) (intro.) of the statutes is amended to read:
SB620,9,2119
6.35
(1) (intro.) Under the direction of the municipal clerk or board of election
20commissioners, the original registration forms shall be filed in one of the following
21ways, except as provided in
sub. subs. (1m)
and (2):
SB620,14
22Section
14. 6.35 (2) of the statutes is created to read:
SB620,9,2523
6.35
(2) The board shall prescribe, by rule, the procedure and methods by which
24municipal clerks and boards of election commissioners shall maintain records of
25registrations that are entered electronically under s. 6.30 (5).
SB620,15
1Section
15. 6.36 (2) (c) of the statutes is amended to read:
SB620,10,102
6.36
(2) (c) The list shall contain, next to the name of each elector, an indication
3of whether proof of residence under s. 6.34 is required for the elector to be permitted
4to vote. If proof of residence is provided, the type of identifying document submitted
5by the elector and the name of the entity or institution that issued the identifying
6document
, or an indication that the elector's information in lieu of proof of residence
7was verified under s. 6.34 (2m), shall be entered on the list in the space provided.
8Proof Except as provided in s. 6.34 (2m), proof of residence is required if the elector
9is not a military elector or an overseas elector and the elector registers by mail
or by
10electronic application and has not previously voted in an election in this state.
SB620,16
11Section
16. 6.40 (1) (a) 1. of the statutes is amended to read:
SB620,10,2212
6.40
(1) (a) 1. Any registered elector may transfer registration after a change
13of residence within the state by filing in person with the municipal clerk of the
14municipality where the elector resides or by mailing to the municipal clerk a signed
15request stating his or her present address, affirming that this will be his or her
16residence for
28 the number of consecutive days
specified in s. 6.02 (1) prior to the
17election
, and providing the address where he or she was last registered.
18Alternatively, the elector may transfer his or her registration at the proper polling
19place or other registration location under s. 6.02 (2) in accordance with s. 6.55 (2) (a)
,
20or the elector may transfer his or her registration electronically under s. 6.30 (5). If
21an elector is voting in the ward or election district where the elector formerly resided,
22the change shall be effective for the next election.
SB620,17
23Section
17. 6.40 (1) (c) of the statutes is amended to read:
SB620,11,524
6.40
(1) (c)
Name change. Whenever an elector's name is legally changed,
25including a change by marriage or divorce, the elector shall transfer his or her
1registration to his or her legal name by appearing in person or mailing to the
2municipal clerk a signed request for a transfer of registration to such name.
3Alternatively, a registered elector may make notification of a name change at his or
4her polling place under s. 6.55 (2) (d)
, or the elector may make notification of a name
5change electronically under s. 6.30 (5).
SB620,18
6Section
18. 6.50 (10) of the statutes is amended to read:
SB620,11,97
6.50
(10) Any qualified elector whose registration is changed from eligible to
8ineligible status under this section may reregister as provided under s. 6.28 (1), 6.29
9(2),
6.30 (5), or 6.55 (2).
SB620,19
10Section
19. 6.55 (2) (d) of the statutes is amended to read:
SB620,11,1711
6.55
(2) (d) A registered elector who has changed his or her name but resides
12at the same address, and has not
notified the municipal clerk previously provided
13notice of the change under s. 6.40 (1) (c), shall notify the inspector of the change
14before voting. The inspector shall then notify the municipal clerk at the time when
15materials are returned under s. 6.56 (1). If an elector has changed both a name and
16address, the elector shall register at the polling place or other registration location
17under pars. (a) and (b).
SB620,20
18Section
20. 6.86 (3) (c) of the statutes is amended to read:
SB620,12,1319
6.86
(3) (c) An application under par. (a) 1. may be made and a registration form
20under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier
21than 7 days before an election and not later than 5 p.m. on the day of the election.
22A list of hospitalized electors applying for ballots under par. (a) 1. shall be made by
23the municipal clerk and used to check that the electors vote only once, and by
24absentee ballot.
If Except as provided in s. 6.34 (2m), if the elector is registering for
25the election after the close of registration or if the elector registered by mail
or by
1electronic application and has not voted in an election in this state, the municipal
2clerk shall inform the agent that proof of residence under s. 6.34 is required and the
3elector shall enclose proof of residence under s. 6.34 in the envelope with the ballot.
4The clerk shall verify that the name on any required proof of identification presented
5by the agent conforms to the name on the elector's application. The clerk shall then
6enter his or her initials on the carrier envelope indicating that the agent presented
7proof of identification to the clerk. The agent is not required to enter a signature on
8the registration list. The ballot shall be sealed by the elector and returned to the
9municipal clerk either by mail or by personal delivery of the agent; but if the ballot
10is returned on the day of the election, the agent shall make personal delivery to the
11polling place serving the hospitalized elector's residence before the closing hour or,
12in municipalities where absentee ballots are canvassed under s. 7.52, to the
13municipal clerk no later than 8 p.m. on election day.
SB620,21
14Section
21. 6.87 (4) (b) 1. of the statutes is amended to read:
SB620,13,1615
6.87
(4) (b) 1. Except as otherwise provided in s. 6.875, the elector voting
16absentee shall make and subscribe to the certification before one witness who is an
17adult U.S. citizen. The absent elector, in the presence of the witness, shall mark the
18ballot in a manner that will not disclose how the elector's vote is cast. The elector
19shall then, still in the presence of the witness, fold the ballots so each is separate and
20so that the elector conceals the markings thereon and deposit them in the proper
21envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the
22ballot so that the elector conceals the markings thereon and deposit the ballot in the
23proper envelope. If proof of residence under s. 6.34 is required and the document
24enclosed by the elector under this subdivision does not constitute proof of residence
25under s. 6.34, the elector shall also enclose proof of residence under s. 6.34 in the
1envelope.
Proof Except as provided in s. 6.34 (2m), proof of residence is required if
2the elector is not a military elector or an overseas elector and the elector registered
3by mail
or by electronic application and has not voted in an election in this state. If
4the elector requested a ballot by means of facsimile transmission or electronic mail
5under s. 6.86 (1) (ac), the elector shall enclose in the envelope a copy of the request
6which bears an original signature of the elector. The elector may receive assistance
7under sub. (5). The return envelope shall then be sealed. The witness may not be
8a candidate. The envelope shall be mailed by the elector, or delivered in person, to
9the municipal clerk issuing the ballot or ballots. If the envelope is mailed from a
10location outside the United States, the elector shall affix sufficient postage unless the
11ballot qualifies for delivery free of postage under federal law. Failure to return an
12unused ballot in a primary does not invalidate the ballot on which the elector's votes
13are cast. Return of more than one marked ballot in a primary or return of a ballot
14prepared under s. 5.655 or a ballot used with an electronic voting system in a primary
15which is marked for candidates of more than one party invalidates all votes cast by
16the elector for candidates in the primary.
SB620,22
17Section
22. 7.08 (1) (c) of the statutes is amended to read:
SB620,13,2218
7.08
(1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4)
and (5), 6.33
19(1), 6.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms
20shall contain a statement of the penalty applicable to false or fraudulent registration
21or voting through use of the form. Forms are not required to be furnished by the
22board.
SB620,23
23Section
23. 85.61 (1) of the statutes is amended to read:
SB620,14,724
85.61
(1) The secretary of transportation and the administrator of the elections
25division of the government accountability board shall enter into an agreement to
1match personally identifiable information on the official registration list maintained
2by the government accountability board under s. 6.36 (1)
and the information
3specified in s. 6.34 (2m) with personally identifiable information in the operating
4record file database under ch. 343 and vehicle registration records under ch. 341 to
5the extent required to enable the secretary of transportation and the administrator
6of the elections division of the government accountability board to verify the accuracy
7of the information provided for the purpose of voter registration.
SB620,24
8Section
24. 343.027 of the statutes is amended to read:
SB620,14,16
9343.027 Confidentiality of signatures. Any signature collected under this
10chapter may be maintained by the department and shall be kept confidential, except
11that the department shall release a signature or a facsimile of a signature to the
12department of revenue for the purposes of administering state taxes and collecting
13debt
, to the government accountability board, in electronic or digital format, for the
14purposes specified in s. 6.30 (5), to the person to whom the signature relates, to a
15court, district attorney, county corporation counsel, city, village, or town attorney,
16law enforcement agency, or to the driver licensing agency of another jurisdiction.
SB620,25
17Section
25.
Nonstatutory provisions.