LRB-4709/1
JK&MPG:wlj
2023 - 2024 LEGISLATURE
October 26, 2023 - Introduced by Representatives Kitchens, Allen, Binsfeld,
Dittrich, Donovan, Edming, Goeben, Gundrum, Krug, Magnafici, Maxey,
Michalski, Murphy, Mursau, Nedweski, O'Connor, Penterman and Rozar,
cosponsored by Senators Quinn, Ballweg, Marklein and Nass. Referred to
Committee on Campaigns and Elections.
AB572,1,4
1An Act to amend 6.33 (1), 6.875 (6) (c) 2., 12.60 (1) (a) and 54.25 (2) (c) 1. g.; and
2to create 5.057 of the statutes;
relating to: absentee voting in certain
3residential care facilities and retirement homes and court determinations of
4incompetency and ineligibility to vote.
Analysis by the Legislative Reference Bureau
Absentee voting in certain facilities
Under current law, under certain circumstances, a municipal clerk must
dispatch special voting deputies to a residential care facility or qualified retirement
home so that the occupants of the facility or home may cast an absentee ballot in
person with the special voting deputies rather than vote in person at the appropriate
polling place or request and complete an absentee ballot by mail. Under current law,
a retirement home is a facility occupied as a primary residence by 10 or more
unrelated individuals. A qualified retirement home is a retirement home that has
a significant number of occupants who lack adequate transportation to the polling
place, need assistance in voting, are aged 60 or over, or are indefinitely confined.
Under current law, the special voting deputies must arrange with the
administrator of the residential care facility or qualified retirement home one or
more convenient times to visit the facility or home. The administrator of the facility
or home may, upon the request of a relative of an occupant of the facility or home,
notify the relative of the time or times when special voting deputies will conduct
absentee voting at the facility or home.
This bill requires the administrator, or the administrator's designee, to provide
notice by email of the dates and times when the deputies will be visiting the
residential care facility or qualified retirement home to each individual designated
as a contact by the occupant who intends to vote by absentee ballot with the special
voting deputies.
Determinations of incompetency
Under current law, no person who is incapable of understanding the objective
of the elective process or who is under a guardianship may vote unless a court has
determined that the person is competent to vote. Current law also allows any voter
in a municipality to petition a circuit court to determine whether a person residing
in the municipality is incapable of understanding the objective of the elective
process. If the court determines that the person is incapable of such understanding,
the person is not eligible to register to vote or to vote. Current law requires the clerk
of the circuit court to communicate the court's determinations, in writing, to the
election officials who are responsible for determining challenges to registration and
voting that may be brought against the person.
This bill requires the circuit court to notify the Elections Commission, by email,
of the court's determination regarding incompetency and ineligibility to vote. Under
the bill, when the commission receives a determination of incompetency and
ineligibility to vote, the commission must, within two business days, change the
status of the voter subject to the determination to inactive on the official voter
registration list, note on the list that the voter is ineligible to vote, and notify the
voter and the voter's municipal clerk of the voter's change in status. The bill also
provides that if a court reviews a determination of incompetency and ineligibility to
vote and restores the voter's right to vote, upon receipt of that determination by
email, the commission must, within two business days, notify the voter that the voter
is eligible to vote and that the voter is required to complete a new registration to vote
if the voter intends to vote. Under the bill, the clerk must examine the registration
list before issuing a ballot to any potential voter.
Finally, under current law, an individual who votes at an election but who does
not have the necessary qualifications to vote is guilty of a Class I felony. Under the
bill, the penalty does not apply to an individual who has been determined ineligible
to vote due to incompetency, but the individual's vote is excluded from the final tally
for that election.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB572,1
1Section 1
. 5.057 of the statutes is created to read:
AB572,3,12
25.057 Determination of ineligibility to vote due to incompetency. (1)
3 Upon receipt of a determination of ineligibility to register to vote or to vote under
4s. 54.25 (2) (c) 1. g., the commission shall, no later than 2 business days after receiving
1the determination, change the status of the elector subject to the determination to
2inactive on the official registration list under s. 6.36, note on the list that the elector
3is ineligible to vote in accordance with s. 6.03 (3), and notify the elector and the
4elector's municipal clerk of the elector's change in status. If the commission does not
5have a record of the elector upon receipt of a determination of ineligibility, the
6commission shall create a record listing the elector as ineligible to vote in accordance
7with s. 6.03 (3) and provide a copy of that record to the elector's municipal clerk. Upon
8receipt of a registration to vote, the municipal clerk shall examine the registration
9list to determine whether the elector is ineligible to vote in accordance with s. 6.03
10(3) and shall notify the elector if the clerk determines that the elector is ineligible.
11The clerk shall examine the registration list before issuing a ballot to any potential
12elector.
AB572,3,20
13(2) If under s. 54.64 (2) (a) a court subsequently reviews a determination of
14ineligibility to vote under s. 54.25 (2) (c) 1. g. and restores an elector's right to vote,
15as provided under s. 54.64 (2) (c), upon receipt of the reviewing court's determination,
16the commission shall, no later than 2 business days after receiving the
17determination, notify the elector that the elector is eligible to vote, but is required
18to complete a new voter registration if the voter intends to vote. The commission
19shall submit with the notice a registration form for the elector to complete and return
20to the municipal clerk, if the elector intends to vote.
AB572,2
21Section
2. 6.33 (1) of the statutes is amended to read:
AB572,5,1422
6.33
(1) The commission shall prescribe the format, size, and shape of
23registration forms. All nonelectronic forms shall be printed and each item of
24information shall be of uniform font size, as prescribed by the commission. Except
25as otherwise provided in this subsection, electronic forms shall contain the same
1information as nonelectronic forms. The municipal clerk shall supply sufficient
2forms to meet voter registration needs. The commission shall design the form to
3obtain from each elector information as to name; date; residence location; location of
4previous residence immediately before moving to current residence location;
5citizenship; date of birth; age; the number of a current and valid operator's license
6issued to the elector under ch. 343 or the last 4 digits of the elector's social security
7account number; whether the elector has resided within the ward or election district
8for the number of consecutive days specified in s. 6.02 (1); whether the elector has
9been convicted of a felony for which he or she has not been pardoned, and if so,
10whether the elector is incarcerated, or on parole, probation, or extended supervision;
11whether the elector is disqualified on any other ground from voting
, including being
12adjudicated incompetent to exercise the right to register to vote or to vote in an
13election; and whether the elector is currently registered to vote at any other location.
14The forms shall provide check boxes for the elector to indicate whether he or she is
15disqualified to vote and, if disqualified to vote, the grounds for which the elector is
16so disqualified. The commission shall include on the nonelectronic form a space for
17the elector's signature and on the electronic form the authorization specified under
18s. 6.30 (5). Below the space for the signature or authorization, respectively, the
19commission shall include the following statement: “Falsification of information on
20this form is punishable under Wisconsin law as a Class I felony." The commission
21shall include on the form a space to enter the name of any inspector, municipal clerk,
22or deputy clerk under s. 6.55 (2) who obtains the form and a space for the inspector,
23clerk, or deputy clerk to sign his or her name, affirming that the inspector, clerk, or
24deputy clerk has accepted the form. The commission shall include on the form a
25space for entry of the ward and aldermanic district, if any, where the elector resides
1and any other information required to determine the offices and referenda for which
2the elector is certified to vote. The commission shall also include on the form a space
3where the clerk may record an indication of whether the form is received by mail or
4by electronic application, a space where the clerk shall record an indication of the
5type of identifying document submitted by the elector as proof of residence under s.
66.34 or an indication that the elector's information in lieu of proof of residence was
7verified under s. 6.34 (2m), the name of the entity or institution that issued the
8identifying document, and, if the identifying document includes a number that
9applies only to the individual holding that document, that number. The commission
10shall also include on the form a space where the clerk, for any elector who possesses
11a valid voting identification card issued to the person under s. 6.47 (3), may record
12the identification serial number appearing on the voting identification card. Each
13county clerk shall obtain sufficient registration forms for completion by an elector
14who desires to register to vote at the office of the county clerk under s. 6.28 (4).
AB572,3
15Section 3
. 6.875 (6) (c) 2. of the statutes is amended to read:
AB572,6,216
6.875
(6) (c) 2.
Upon the request of a relative of an occupant of a qualified
17retirement home or residential care facility, the administrator of the home or facility
18may notify the relative of the time or times at which special voting deputies will
19conduct absentee voting at the home or facility and permit the relative to The
20administrator of a qualified retirement home or residential care facility, or the
21administrator's designee, shall provide notice by email of the dates and times when
22the special voting deputies will be visiting the home or facility to each individual
23designated as a contact by the occupant who intends to vote by absentee ballot with
24the deputies. The administrator, or administrator's designee, may provide the same
25notice to any other individual upon the occupant's request. Any individual receiving
1a notice under this subdivision may be present in the room where the voting is
2conducted.
AB572,4
3Section
4. 12.60 (1) (a) of the statutes is amended to read:
AB572,6,84
12.60
(1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3)
5(a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony.
This paragraph does
6not apply to a violation of s. 12.13 (1) (a) by an individual who is determined ineligible
7to register to vote or to vote under s. 54.25 (2) (c) 1. g., but the individual's vote shall
8not be included in the final tally for that election.
AB572,5
9Section 5
. 54.25 (2) (c) 1. g. of the statutes is amended to read:
AB572,7,1410
54.25
(2) (c) 1. g. The right to register to vote or to vote in an election, if the court
11finds that the individual is incapable of understanding the objective of the elective
12process. Also, in accordance with s. 6.03 (3), any elector of a municipality may
13petition the circuit court for a determination that an individual residing in the
14municipality is incapable of understanding the objective of the elective process and
15thereby ineligible to register to vote or to vote in an election. This determination
16shall be made by the court in accordance with the procedures specified in this
17paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall
18be limited to a determination as to voting eligibility. The appointment of a guardian
19is not required for an individual whose sole limitation is ineligibility to vote. The
20court shall immediately notify the elections commission by email of the 21determination
of the court shall be communicated in writing by the clerk of court to
22the election official or agency charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with
23the responsibility for determining challenges to registration and voting that may be
24directed against that elector.
An email notification sent to the elections commission
25under this subd. 1. g. shall remain confidential, except as otherwise provided under
1s. 19.36. The court shall also, at the time of the determination, provide the
2determination in writing to the elector and the elector's guardian, if applicable. The
3determination may be reviewed as provided in s. 54.64 (2)
, and
the court shall notify
4the elections commission, the elector, and the elector's guardian, if applicable, by
5mail and email of any subsequent determination of the court
shall be likewise
6communicated by the clerk of court. All notices provided to the elections commission
7under this subd. 1. g. shall include the full name; residential address, including city,
8state, and zip code; mailing address, if different than the residential address; and
9date of birth of the individual subject to the determination. If the court appoints a
10guardian for an individual who is ineligible to vote, the guardian shall immediately
11report any residential or mailing address change for the individual to the court, and
12the court shall immediately notify the elections commission of that address by email.
13The court shall use a standardized notice of eligibility form to communicate its
14determinations to the elector and the elector's guardian, if applicable.