2003 Wisconsin Act 265

(b) The municipal clerk of any municipality may, by mutual consent, designate any other municipal clerk or any county clerk as the clerk's agent to carry out the functions of the municipal clerk under this section for that municipality. The municipal clerk shall notify the county clerk of each county in which the municipality is located and the board of any such designation in writing. The municipal clerk may, by similar notice to the clerk's agent at least 14 days prior to the effective date of any change, discontinue the designation. If the municipal clerk designates another municipal clerk or a county clerk as his or her agent, the municipal clerk shall immediately forward all registration changes filed with the clerk and voting record information obtained by the clerk to the clerk's agent for electronic entry on the registration list.

265,54 Section 54. 6.35 (2) of the statutes is repealed.

265,55 Section 55. 6.35 (3) of the statutes is amended to read:

6.35 (3) In municipalities employing data processing for keeping of registration records, original Original registration records shall be maintained in the office of the municipal clerk or board of election commissioners at all times.

265,56 Section 56. 6.35 (5) and (6) of the statutes are repealed.

265,57 Section 57. 6.36 (1) of the statutes is repealed and recreated to read:

6.36 (1) (a) The board shall compile and maintain electronically an official registration list. The list shall contain the name and address of each registered elector in the state, the date of birth of the elector, the ward and aldermanic district of the elector, if any, and, for each elector, a unique registration identification number assigned by the board, the number of a valid operator's license issued to the elector under ch. 343, if any, or the last 4 digits of the elector's social security account number, if any, any identification serial number issued to the elector under s. 6.47 (3), the date of any election in which the elector votes, an indication of whether the elector is an overseas elector, as defined in s. 6.24 (1), an indication of any accommodation required under s. 5.25 (4) (a) to permit voting by the elector, an indication of the method by which the elector's registration form was received, and such other information as may be determined by the board to facilitate administration of elector registration requirements.

(b) 1. The list shall be open to public inspection under s. 19.35 (1) and shall be electronically accessible by any person, except that:

a. No person other than an employee of the board, a municipal clerk, a deputy 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, registration identification number, 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.

b. No person other than an employee of the board, a municipal clerk, or an election official who is authorized by a municipal clerk may make a change in the list.

2. The list shall be electronically accessible by name and shall also be accessible in alphabetical order of the electors' names for the entire state and for each county, municipality, ward, and combination of wards authorized under s. 5.15 (6) (b).

(c) The list shall be designed in such a way that the municipal clerk or board of election commissioners of any municipality and any election official who is authorized by the clerk or executive director of the board of election commissioners may, by electronic transmission, add entries to or change entries on the list for any elector who resides in, or who the list identifies as residing in, that municipality and no other municipality.

(d) Upon receipt of official notification by the appropriate election administrative authority of another state, territory, or possession that an elector whose name appears on the list has registered to vote in that state, territory, or possession, the board or the municipal clerk of the municipality where the elector formerly resided shall change the elector's registration from eligible to ineligible status.

(e) If the board adds the name of any elector to the list, the board shall promptly notify the municipal clerk of the municipality where the elector resides. If the board changes the registration of any elector from eligible to ineligible status, the board shall promptly notify the municipal clerk of the municipality where the elector resides or, if the elector has changed his or her residence from one municipality to another municipality in this state, shall promptly notify the municipal clerk of the municipality where the elector resided prior to the change. Notification shall be made in writing or by electronic transmission. If the board changes the registration of any elector from eligible to ineligible status, the board shall make an entry on the list giving the date of and the reason for the change.

(f) The board shall make all reasonable efforts to ensure that the list is maintained in a manner that precludes unauthorized persons from making alterations to the list.

265,58a Section 58a. 6.36 (2) (a) of the statutes is amended to read:

6.36 (2) (a) Except as provided in par. pars. (b), the and (c), each registration lists list prepared for use as a poll list at a polling place shall contain the full name and address of each registered elector,; a blank column for the entry of the serial number of the electors when they vote, ; if the list is prepared for use at an election for national office, an indication next to the name of each elector for whom identification is required under par. (c) 2.; and a form of a certificate stating that each the list is a true and complete combined check and registration list of the respective municipality or the ward or wards for which the list is prepared.

265,58b Section 58b. 6.36 (2) (a) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

6.36 (2) (a) Except as provided in pars. (b) and (c), each registration list prepared for use as a poll list at a polling place shall contain the full name and address of each registered elector; a blank column for the entry of the serial number of the electors when they vote; if the list is prepared for use at an election for national office, an indication next to the name of each elector for whom identification is required under par. (c) 2.; and a form of certificate bearing the certification of the executive director of the board stating that the list is a true and complete registration list of the municipality or the ward or wards for which the list is prepared.

265,59 Section 59. 6.36 (2) (c) 1. of the statutes is created to read:

6.36 (2) (c) 1. In this paragraph:

a. "Military elector" means a member of a uniformed service on active duty who, by reason of that duty, is absent from the residence where the member is otherwise qualified to vote; a member of the merchant marine, as defined in s. 6.22 (1) (a), who by reason of service in the merchant marine, is absent from the residence where the member is otherwise qualified to vote; or the spouse or dependent of any such member who, by reason of the duty or service of the member, is absent from the residence where the spouse or dependent is otherwise qualified to vote.

b. "Overseas elector" means an elector who resides outside the United States and who is qualified under federal law to vote in elections for national office in this state because the elector was last domiciled in this state immediately prior to the elector's departure from the United States.

265,59a Section 59a. 6.36 (2) (c) 2. of the statutes is created to read:

6.36 (2) (c) 2. If the registration list is prepared for use at an election for national office, the list shall contain, next to the name of each elector, an indication of whether identification is required for the elector to be permitted to vote. Identification is required if the elector is not a military elector or an overseas elector and the elector registers by mail and has not previously voted in an election for national office in the municipality where the elector is voting.

265,59b Section 59b. 6.36 (2) (c) 2. of the statutes, as created by 2003 Wisconsin Act .... (this act), is amended to read:

6.36 (2) (c) 2. If the registration list is prepared for use an at election for national office, the list shall contain, next to the name of each elector, an indication of whether identification is required for the elector to be permitted to vote. Identification is required if the elector is not a military elector or an overseas elector and the elector registers by mail and has not previously voted in an election for national office in the municipality where the elector is voting this state.

265,60 Section 60. 6.36 (3) of the statutes is amended to read:

6.36 (3) Municipalities shall prepare at least 2 copies of the registration list for each ward and bind them in book form. The original registration forms constitute the official registration list and shall be controlling whenever discrepancies occur in entering information from the forms under s. 6.33 (5).

265,61 Section 61. 6.40 (1) (a) (title) of the statutes is repealed and recreated to read:

6.40 (1) (a) (title) Change of residence.

265,62 Section 62. 6.40 (1) (a) of the statutes is renumbered 6.40 (1) (a) 1. and amended to read:

6.40 (1) (a) 1. Any registered elector shall transfer registration after a change of residence within the municipality in which he or she is registered state by appearing filing in person with the municipal clerk or by mailing to the municipal clerk a signed request stating his or her present address, affirming that this will be the elector's his or her residence for 10 days 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). If an elector is voting at a former in the ward or election district where the elector formerly resided, the change shall be effective for the next election.

265,63 Section 63. 6.40 (1) (a) 2. and 3. of the statutes are created to read:

6.40 (1) (a) 2. If a municipal clerk receives a request from an elector to transfer his or her registration to another municipality in this state, the clerk shall change the elector's registration and shall notify the municipal clerk of the municipality to which the elector is changing his or her residence.

3. If a municipal clerk receives a request from an elector who is registered in another municipality to transfer his or her registration to the municipality served by the clerk, the clerk shall change the elector's registration and shall notify the municipal clerk of the municipality where the elector formerly resided of the elector's change of residence.

265,64 Section 64. 6.40 (1) (b) of the statutes is repealed.

265,65 Section 65. 6.40 (2) (b) of the statutes is amended to read:

6.40 (2) (b) In addition to the revision which is required under s. 6.50, municipal clerks may conduct door-to-door and mail registration canvasses at any time. The door-to-door canvass shall consist of both the deletion from the registration list of the names identification of electors who no longer reside at the address for which they are registered and the addition to the registration list of the names of electors who reside at that address. The mail canvass shall consist of the municipal clerk examining the registration records and canceling the registration of verification that eligible electors continue to reside at the addresses shown on the registration list after the mailing of notices in accordance with s. 6.50 (1) and (2) or (2m). The mail canvass may also consist of adding to the registration list the names of eligible electors whose names do not appear on the list. Both door-to-door and mail canvasses whenever made shall be made throughout the municipality in a uniform manner. 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.

265,66 Section 66. 6.47 (2) of the statutes is amended to read:

6.47 (2) Except as authorized in sub. (8), the board, each municipal clerk, each agent designated under s. 6.33 (5) (b), and each election official shall withhold from public inspection under s. 19.35 (1) the name and address of any eligible individual whose name appears on a poll list or registration list if the individual files provides the municipal clerk with a valid written request with the clerk to protect the individual's confidentiality. To be valid, a request under this subsection must be accompanied by a copy of a protective order that is in effect, an affidavit under sub. (1) (a) 2. that is dated within 30 days of the date of the request or a statement signed by the operator or an authorized agent of the operator of a shelter that is dated within 30 days of the date of the request and that indicates that the operator operates the shelter and that the individual making the request resides in the shelter. A physically disabled individual who appears personally at the office of the municipal clerk accompanied by another elector of this state may designate that elector to make a request under this subsection on his or her behalf.

265,67 Section 67. 6.47 (3) of the statutes is amended to read:

6.47 (3) Upon listing of receiving a valid written request from an elector under sub. (2), the municipal clerk shall issue to the elector a voting identification card on a form prescribed by the board that shall contain the name of the elector's municipality issuing the card of residence and, in the case of a town, the county in which the town is located, the elector's name, the ward in which the elector resides, if any, and a unique identification serial number issued by the board. The number issued to an elector under this subsection shall not be changed for so long as the elector continues to qualify for a listing under sub. (2).

265,68 Section 68. 6.47 (6) of the statutes is amended to read:

6.47 (6) Upon expiration of a confidential listing on a registration list under sub. (2), the municipal clerk shall cancel change the registration of the protected individual to ineligible status unless the individual files a new request and qualifies under sub. (2) to obtain a renewal of the listing or unless the individual applies for and qualifies to obtain a nonconfidential voter registration. Except as authorized in sub. (8), the municipal clerk shall withhold from public inspection under s. 19.35 (1) the name and address of any individual whose registration is canceled changed under this subsection if the individual qualified for a confidential listing at the time of that listing.

265,69 Section 69. 6.48 (1) (d) of the statutes is amended to read:

6.48 (1) (d) If the clerk determines that the challenged elector is not qualified, the clerk shall cancel change the challenged elector's registration, make the necessary change in from eligible to ineligible status on the registration list and notify the inspectors for the ward or election district where the elector was registered.

265,70 Section 70. 6.48 (2) (b) of the statutes is amended to read:

6.48 (2) (b) Upon appearing in person, objectors shall be examined, under oath, by the commissioners and testimony taken. Judgment rests with the board of election commissioners and decisions shall be rendered as soon as heard. All cases are heard and decided summarily. The commissioners shall determine whether the person objected to is qualified. If they determine that a person is not qualified, the name executive director of the board of election commissioners shall be stricken from change the elector from eligible to ineligible status on the registration list and shall notify the proper ward officials notified of the change immediately.

265,71 Section 71. 6.50 (1) of the statutes is amended to read:

6.50 (1) Within 90 days following each general election, the municipal clerk or board of election commissioners of each municipality in which registration is required shall examine the registration records and identify each elector who has not voted within the previous 4 years if qualified to do so during that entire period and shall mail a notice to the elector in substantially the following form:

"NOTICE OF SUSPENSION OF
REGISTRATION

You are hereby notified that your voter registration will be canceled suspended, according to state law, for failure to vote within the previous 4-year period, unless you apply for continuation of your registration within 30 days. You may continue your registration by signing the statement below and returning it to this office by mail or in person.

APPLICATION FOR CONTINUATION
OF REGISTRATION

I hereby certify that I still reside at the address at which I am registered and apply for continuation of registration.

Signed ....

Present Address ....

If you have moved changed your residence within this municipality or changed your name, please contact this office to complete a change of name or address form.

[Office of clerk or board of election commissioners

Address

Telephone]".

265,72 Section 72. 6.50 (2) of the statutes is amended to read:

6.50 (2) The municipal clerk or board of election commissioners shall cancel change the registration of all notified electors under sub. (1) who have not applied for continuation of registration within 30 days of the date of mailing of the notice of suspension from eligible to ineligible status.

265,73 Section 73. 6.50 (2m) of the statutes is repealed.

265,74 Section 74. 6.50 (3) to (6) of the statutes are amended to read:

6.50 (3) Upon receipt of reliable information that a registered elector has changed his or her residence to a location outside of the municipality, the municipal clerk or board of election commissioners shall notify the elector by mailing a notice by 1st class mail to the elector's registration address stating the source of the information. All municipal departments and agencies receiving information that a registered elector has changed his or her residence shall notify the clerk or board of election commissioners. If the elector no longer resides in the municipality or fails to apply for continuation of registration within 30 days of the date the notice is mailed, the clerk or board of election commissioners shall cancel change the elector's registration from eligible to ineligible status. Upon receipt of reliable information that a registered elector has changed his or her residence within the municipality, the municipal clerk or board of election commissioners shall transfer the elector's registration and mail the elector a notice of the transfer under s. 6.40 (2). This subsection does not restrict the right of an elector to challenge any registration under s. 6.325, 6.48, 6.925 or 6.93.

(4) The municipal clerk or board of election commissioners shall cancel change the registration of deceased electors from eligible to ineligible status by means of checking vital statistics reports. No notice need be sent of registrations canceled registration changes made under this subsection.

(5) The registration of any elector whose address is listed at a building which has been condemned for human habitation by the municipality under s. 66.0413 (1) (j) shall be investigated by the municipal clerk or board of election commissioners. If the clerk or board of election commissioners can find no reason why the registration of such an elector should not be stricken changed from the registration list eligible to ineligible status, the clerk or board of election commissioners shall change the elector's registration shall be canceled status. If the elector has left a forwarding address with the U.S. postal service, a notice of cancellation change in status shall be mailed by the clerk or board of election commissioners to the forwarding address.

(6) The municipal clerk, upon authorization by an elector, shall cancel change the elector's registration from eligible to ineligible status.

265,75 Section 75. 6.50 (7) of the statutes is amended to read:

6.50 (7) When an elector's registration is canceled changed from eligible to ineligible status, the municipal clerk shall make an entry upon on the registration card list, giving the date of and cause of cancellation reason for the change.

265,76 Section 76. 6.50 (8) of the statutes is amended to read:

6.50 (8) Any municipal governing body may direct the municipal clerk or board of election commissioners to arrange with the U.S. postal service pursuant to applicable federal regulations, to receive change of address information with respect to individuals residing within the municipality for revision of the elector registration list. If required by the U.S. postal service, the governing body may create a registration commission consisting of the municipal clerk or executive director of the board of election commissioners and 2 other electors of the municipality appointed by the clerk or executive director for the purpose of making application for address changes and processing the information received. The municipal clerk or executive director shall act as chairperson of the commission. Any authorization under this subsection shall be for a definite period or until the municipal governing body otherwise determines. The procedure shall apply uniformly to the entire municipality whenever used. The procedure shall provide for receipt of complete change of address information on an automatic basis, or not less often than once every 2 years during the 60 days preceding the close of registration for the September primary. If a municipality adopts the procedure for obtaining address corrections under this subsection, it need not comply with the procedure for mailing address verification cards under subs. (1) and (2) or (2m).

265,77 Section 77. 6.50 (9) of the statutes is repealed.

265,78 Section 78. 6.50 (10) of the statutes is amended to read:

6.50 (10) Any qualified elector whose registration is canceled changed from eligible to ineligible status under this section may have his or her registration reinstated by filing a new registration form reregister as provided under s. 6.28 (1), 6.29 (2), or 6.55 (2).

265,79 Section 79. 6.55 (2) (a) 1. (intro.) of the statutes is amended to read:

6.55 (2) (a) 1. (intro.) Except where the procedure under par. (c) or (cm) is employed, any person who qualifies as an elector in the ward or election district where he or she desires to vote, but has not previously filed a registration form, or was registered at another location in a municipality where registration is required, may request permission to vote at the polling place for that ward or election district, or at an alternate polling place assigned under s. 5.25 (5) (b). When a proper request is made, the inspector shall require the person to execute a registration form prescribed by the board that. The registration form shall be completed in the manner provided under s. 6.33 (2) and shall contain all information required under s. 6.33 (1), together with the following certification:

265,80 Section 80. 6.55 (2) (a) 2. of the statutes is amended to read:

6.55 (2) (a) 2. If a change of address is made from outside the municipality, the elector municipal clerk shall file a cancellation the notice required under s. 6.40 (1) (b) (a) 3.

265,81 Section 81. 6.55 (2) (b) of the statutes is amended to read:

6.55 (2) (b) Upon executing the registration form under par. (a), the person elector shall be required by a special registration deputy or inspector to present provide acceptable proof of residence under sub. (7). If the person elector cannot supply such provide acceptable proof of residence, the information contained in the registration form shall be substantiated and signed corroborated in a statement that is signed by one other any elector who resides in the same municipality as the registering elector, corroborating all the material statements therein and that contains the current street address of the corroborating elector. The corroborator shall then provide acceptable proof of residence as provided in sub. (7). The signing by the elector executing the registration form and by any elector who corroborates the information in the form corroborator shall be in the presence of the special registration deputy or inspector. Upon compliance with this procedure, such person shall then be given the right to vote the elector shall be permitted to cast his or her vote, if the elector complies with all other requirements for voting at the polling place.

265,82 Section 82. 6.55 (2) (c) 1. of the statutes is amended to read:

6.55 (2) (c) 1. As an alternative to registration at the polling place under pars. (a) and (b), the board of election commissioners, or the governing body of any municipality in which registration is required may by resolution require a person who qualifies as an elector and who is not registered and desires to register on the day of an election to do so at another readily accessible location in the same building as the polling place serving the elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b), instead of at the polling place serving the elector's residence. In such case, the municipal clerk shall prominently post a notice of the registration location at the polling place. The municipal clerk, deputy clerk or special registration deputy at the registration location shall require such person to execute a registration form as prescribed under par. (a) and to provide acceptable proof of residence as provided under sub. (7). If the person elector cannot supply such provide acceptable proof of residence, the information contained in the registration form shall be corroborated in the manner provided in par. (b). The signing by the elector executing the registration form and by any corroborating elector corroborator shall be in the presence of the municipal clerk, deputy clerk or special registration deputy. Upon proper completion of registration, the municipal clerk, deputy clerk or special registration deputy shall serially number the registration and give one copy to the elector for presentation at the polling place serving the elector's residence or an alternate polling place assigned under s. 5.25 (5) (b).

265,83 Section 83. 6.55 (2) (c) 2. of the statutes is amended to read:

6.55 (2) (c) 2. Upon compliance with the procedures under subd. 1., the municipal clerk or deputy clerk shall issue a certificate addressed to the inspectors of the proper polling place directing that the elector be permitted to cast his or her vote if the elector complies with all requirements for voting at the polling place. The clerk shall enter the name and address of the elector on the face of the certificate. If the elector's registration is corroborated, the clerk shall also enter the name and address of the corroborator on the face of the certificate. The certificate shall be numbered serially and prepared in duplicate. The municipal clerk shall preserve one copy in his or her office.

265,84 Section 84. 6.55 (2) (d) of the statutes is amended to read:

6.55 (2) (d) A registered elector who has changed his or her name but resides at the same address, and has not notified the municipal clerk under s. 6.40 (1) (c), shall notify the inspector of the change before voting. The inspector shall then notify the municipal clerk at the time which when materials are returned under s. 6.56 (1). If an elector changes has changed both a name and address, the elector shall complete a registration form register at the polling place or other registration location under pars. (a) and (b).

265,85 Section 85. 6.55 (3) of the statutes is amended to read: