Amendment ASA1-AB7

Proof of residence by students

Currently, certain electors are required to present proof of residence when voting in an election. In order to be valid, any document submitted as proof of residence must contain the current and complete residential address of the document holder, except that the law permits a university, college, or technical college fee or identification card that contains a photograph of the cardholder to be used as proof of residence even if the document does not contain an address if the university, college, or technical college, that issued the card provides a list of students who reside in housing sponsored by the university, college, or technical college to the municipal clerk or board of election commissioners together with the addresses of the students. This substitute amendment deletes this exception, effective for elections held in 2015, thereby requiring students to use an identification card that contains a current and complete residential address or to present some other form of proof of residence authorized by law. In addition, effective for elections held on the day that the substitute amendment becomes law, the substitute amendment deletes the option of using a fee card alone as proof of residence and provides that a student who uses an identification card as proof of residence must present both the identification card and a fee payment receipt that contains the name of the person to whom it was issued and that is dated not earlier than nine months before the date of the election at which the receipt is presented.

Voter registration information

This substitute amendment requires an elector who registers to vote on or after the day the substitute amendment becomes law to provide, in addition to his or her current residence location as presently required, the location of his or her previous residence immediately before moving to his or her current residence location.

Voting residence

Currently, the voting residence of a person is the place where the person's habitation is fixed, without any present intent to move, and to which, when absent, the person intends to return, as evidenced by the person's actions, if any. This substitute amendment creates examples of factors that may be considered in determining voting residence, including business pursuits, employment, income sources, residence for income or other tax purposes, residence of parents or any spouse or children, locations of real or personal property, location of any homestead for which an income tax credit is elected, and motor vehicle registrations.

Access to voter registration list

Currently, the statewide voter registration list is open to public inspection. However, only authorized election officials may view certain personal information in the list. This substitute amendment permits a municipal clerk or board of election commissioners to provide a law enforcement agency of the federal government or any state or local government with access to this personal information to be used for law enforcement purposes. The substitute amendment also permits GAB to provide this personal information to a subunit of the state government of another state to be used for official purposes.

Assisting electors in voting

Currently, an elector who cannot read or write or has difficulty reading, writing, or understanding English or due to a disability is unable to mark a ballot may be assisted by another elector of his or her choice, with certain exceptions. The assistant must certify on the back of the assisted elector's ballot that it was marked with his or her assistance. The election officials must also enter the name and address of the assisting elector on the poll list. This substitute amendment deletes the requirement for an assisting elector to make a certification.

Revision of registration list

Currently, municipal clerks and boards of election commissioners must enter registration changes received on the date of an election in the statewide voter registration system within 30 days after the date of that election. This substitute amendment permits these updates to be entered within 45 days after a general (November) election and also permits the legal counsel of GAB, upon request of a clerk or board, to permit the clerk or board to enter changes received on the date of the general election within 60 days after the date of that election.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB7-ASA1, s. 1 Section 1. 5.02 (6m) of the statutes is created to read:

AB7-ASA1,12,3 5.02 (6m) "Identification" means any of the following documents issued to an individual:

AB7-ASA1,12,5 (a) One of the following documents that is unexpired or if expired has expired after the date of the most recent general election:

AB7-ASA1,12,6 1. An operator's license issued under ch. 343.

AB7-ASA1,12,7 2. An identification card issued under s. 343.50.

AB7-ASA1,12,8 3. An identification card issued by a U.S. uniformed service.

AB7-ASA1,12,9 4. A U.S. passport.

AB7-ASA1,12,11 (b) A certificate of U.S. naturalization that was issued not earlier than 2 years before the date of an election at which it is presented.

AB7-ASA1,12,12 (c) An unexpired driving receipt under s. 343.11.

AB7-ASA1,12,13 (d) An unexpired identification card receipt issued under s. 343.50.

AB7-ASA1,12,15 (e) An identification card issued by a federally recognized Indian tribe in this state.

AB7-ASA1,12,20 (f) An unexpired identification card issued by a university or college in this state that is accredited, as defined in s. 39.30 (1) (d), that contains the date of birth, current address, and signature of the individual to whom it is issued and that contains an expiration date indicating that the card expires no later than 4 years after the date of the election at which it is presented.

AB7-ASA1, s. 2 Section 2. 5.02 (16c) of the statutes is created to read:

AB7-ASA1,13,6 5.02 (16c) "Proof of identification" means identification that contains the name of the individual to whom the document was issued, which name conforms to the individual's voter registration form, if the individual is required to register to vote, and that contains a photograph of the individual, except as authorized in s. 343.14 (3m) or 343.50 (4g).

AB7-ASA1, s. 3 Section 3. 5.02 (18) of the statutes is renumbered 5.02 (12s) and amended to read:

AB7-ASA1,13,12 5.02 (12s) "September Partisan primary" means the primary held on the 2nd Tuesday in September August to nominate candidates to be voted for at the general election, and to determine which candidates for state offices other than district attorney may participate in the Wisconsin election campaign fund.

AB7-ASA1, s. 4 Section 4. 5.05 (13) (title) of the statutes is amended to read:

AB7-ASA1,13,14 5.05 (13) (title) Toll-free election information exchange and requests.

AB7-ASA1, s. 5 Section 5. 5.05 (13) (c) and (d) of the statutes are created to read:

AB7-ASA1,13,19 5.05 (13) (c) The board shall maintain a freely accessible system under which a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s. 6.34 (1) (b), who casts an absentee ballot may ascertain whether the ballot has been received by the appropriate municipal clerk.

AB7-ASA1,13,21 (d) The board shall designate and maintain at least one freely accessible means of electronic communication which shall be used for the following purposes:

AB7-ASA1,13,25 1. To permit a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s. 6.34 (1) (b), to request a voter registration application or an application for an absentee ballot at any election at which the elector is qualified to vote in this state.

AB7-ASA1,14,3 2. To permit a military elector or an overseas elector under subd. 1. to designate whether the elector wishes to receive the applications under subd. 1. electronically or by mail.

AB7-ASA1,14,7 3. To permit a municipal clerk to transmit to a military elector or an overseas elector under subd. 1. a registration application or absentee ballot application electronically or by mail, as directed by the elector under subd. 2., together with related voting, balloting, and election information.

AB7-ASA1, s. 6 Section 6. 5.15 (6) (b) of the statutes is amended to read:

AB7-ASA1,14,25 5.15 (6) (b) No later than 60 days before each September partisan primary and general election, and no later than 30 days before each other election the governing body of any municipality may by resolution combine 2 or more wards for voting purposes to facilitate using a common polling place. Whenever wards are so combined, the original ward numbers shall continue to be utilized for all official purposes. Except as otherwise authorized under this paragraph, every municipality having a population of 35,000 or more shall maintain separate returns for each ward so combined. In municipalities having a population of less than 35,000, the governing body may provide in the resolution that returns shall be maintained only for each group of combined wards at any election. Whenever a governing body provides for common ballot boxes and ballots or voting machines, separate returns shall be maintained for each separate ballot required under ss. 5.62 and 5.64 at the September partisan primary and general election. The municipal clerk shall transmit a copy of the resolution to the county clerk of each county in which the municipality is contained. In municipalities having a population of less than 35,000, the resolution shall remain in effect for each election until modified or rescinded, or until a new division is made under this section.

AB7-ASA1, s. 7 Section 7. 5.25 (3) of the statutes is amended to read:

AB7-ASA1,15,4 5.25 (3) Polling places shall be established for each September partisan primary and general election at least 60 days before the election, and for each other election at least 30 days before the election.

AB7-ASA1, s. 8 Section 8. 5.35 (6) (a) 2. of the statutes is amended to read:

AB7-ASA1,15,8 5.35 (6) (a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3) (intro), (d), (f), (g), (k), (L), (o), (q), (r), (u), (v) and (x), together with the applicable penalties provided in s. 12.60 (1).

AB7-ASA1, s. 9 Section 9 . 5.35 (6) (a) 4a. of the statutes is amended to read:

AB7-ASA1,15,12 5.35 (6) (a) 4a. Instructions prescribed by the board for electors for whom proof of identification is required under s. 6.79 (2) or for whom proof of residence under s. 6.34 is required under s. 6.55 (2).

AB7-ASA1, s. 10 Section 10. 5.37 (1) of the statutes is amended to read:

AB7-ASA1,15,23 5.37 (1) Voting machines shall give every elector a reasonable opportunity to vote for any person for any office and on any proposition the elector is entitled to vote on, assure privacy to the elector so no one will know how the elector is voting or has voted, preclude the electors from voting for persons or propositions upon which they are not entitled to vote and from voting more than once for the same office or on the same proposition. Voting machines shall be constructed to lock so they cannot be manipulated, tampered with, or show the number of votes registered for any candidate or proposition while voting is in progress. The machines shall provide a method for electors to vote a straight party ticket, shall permit voting a split ticket and shall record each vote cast.

AB7-ASA1, s. 11 Section 11. 5.37 (4) of the statutes is amended to read:

AB7-ASA1,16,9 5.37 (4) Voting machines may be used at primary elections when they comply with subs. (1) and (2) and the following provisions: All candidates' names entitled to appear on the ballots at the primary shall appear on the machine; the elector cannot vote for candidates of more than one party, whenever the restriction applies, and an elector who votes for candidates of any party may not vote for independent candidates at the September partisan primary; the elector may secretly select the party for which he or she wishes to vote, or the independent candidates in the case of the September partisan primary; the elector may vote for as many candidates for each office as he or she is lawfully entitled to vote for, but no more.

AB7-ASA1, s. 12 Section 12. 5.62 (title) of the statutes is amended to read:

AB7-ASA1,16,11 5.62 (title) September Partisan primary ballots.

AB7-ASA1, s. 13 Section 13. 5.62 (1) of the statutes is amended to read:

AB7-ASA1,17,8 5.62 (1) (a) At September primaries the partisan primary, the following ballot shall be provided for the nomination of candidates of recognized political parties for national, state and county offices and independent candidates for state office in each ward, in the same form as prescribed by the board under s. 7.08 (1) (a), except as authorized in s. 5.655. The ballots shall be made up of the several party tickets with each party entitled to participate in the primary under par. (b) or sub. (2) having its own ballot, except as authorized in s. 5.655. The independent candidates for state office other than district attorney shall have a separate ballot for all such candidates as under s. 5.64 (1) (e), except as authorized in s. 5.655. The ballots shall be secured together at the bottom. The party ballot of the party receiving the most votes for president or governor at the last general election shall be on top with the other parties arranged in descending order based on their vote for president or governor at the last general election. The ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying under par. (b), in the same order in which the parties filed petitions with the board. Any ballot required under par. (b) 2. shall be placed next in order. The ballot listing the independent candidates shall be placed at the bottom. At polling places where voting machines are used, each party and the independent candidates shall be represented in one or more separate columns or rows on the ballot. At polling places where an electronic voting system is used other than an electronic voting machine, each party and the independent candidates may be represented in separate columns or rows on the ballot.

AB7-ASA1,17,23 (b) 1. Except as provided in subd. 2. and s. 5.64 (1) (e) 2., every recognized political party listed on the official ballot at the last gubernatorial election whose candidate for any statewide office received at least 1% of the total votes cast for that office and, if the last general election was also a presidential election, every recognized political party listed on the ballot at that election whose candidate for president received at least 1% of the total vote cast for that office shall have a separate primary ballot or one or more separate columns or rows on the primary ballot as prescribed in par. (a) and a separate column on the general election ballot in every ward and election district. An organization which was listed as "independent" at the last general election and whose candidate meets the same qualification shall receive the same ballot status upon petition of the chairperson and secretary of the organization to the board requesting such status and specifying their party name, which may not duplicate the name of an existing party. A petition under this subdivision may be filed no later than 5 p.m. on June May 1 in the year of each general election.

AB7-ASA1,18,12 2. Subdivision 1. applies to a party within any assembly district or county at any September partisan primary election only if at least one candidate of the party for any national, state or county office qualifies to have his or her name appear on the ballot under the name of that party within that assembly district or county. The county clerk or county board of election commissioners shall provide a combined separate ballot or one or more separate columns or rows on the ballot that will permit an elector to cast a vote for a write-in candidate for the nomination of any such party for each national, state and county office whenever that party qualifies to be represented on a separate primary ballot or in one or more separate columns or rows under subd. 1. but does not qualify under this subdivision. The ballot shall include the name of each party qualifying for a separate ballot or one or more separate columns or rows on the ballot under each office, with the names of the candidates for each such party appearing in the same order in which the ballots of the parties would appear under par. (a).

AB7-ASA1, s. 14 Section 14. 5.62 (2) of the statutes is amended to read:

AB7-ASA1,19,2 5.62 (2) (a) Except as provided in par. (b) and s. 5.64 (1) (e) 2., any political organization may be represented on a separate primary ballot or in one or more separate columns or rows on the primary ballot as prescribed in sub. (1) (a) and in a separate column on the general election ballot in every ward and election district. To qualify for a separate ballot under this paragraph, the political organization shall, not later than 5 p.m. on June May 1 in the year of the September partisan primary, file with the board a petition requesting separate ballot status. The petition shall be signed by at least 10,000 electors, including at least 1,000 electors residing in each of at least 3 separate congressional districts. The petition shall conform to the requirements of s. 8.40. No signature obtained before January 1 in the year of filing is valid. When the candidates of a political organization filing a valid petition fulfill the requirements prescribed by law, they shall appear on a separate ballot or one or more separate columns or rows on the ballot for the period ending with the following general election.

AB7-ASA1,19,16 (b) Paragraph (a) applies to a party within any assembly district or county at any September partisan primary election only if at least one candidate of the party for any national, state or county office qualifies to have his or her name appear on the ballot under the name of that party within that assembly district or county. The county clerk or county board of election commissioners shall provide a combined separate ballot or one or more separate columns or rows on the ballot that will permit an elector to cast a vote for a write-in candidate for the nomination of any such party for each national, state and county office whenever that party qualifies to be represented on a separate primary ballot or in one or more separate columns or rows under par. (a) but does not qualify under this paragraph. The ballot shall include the name of each party qualifying for a separate ballot or one or more separate columns or rows on the ballot under each office, with the names of the candidates for each such party appearing in the same order in which the ballots of the parties would appear under sub. (1) (a).

AB7-ASA1, s. 15 Section 15. 5.62 (3) of the statutes is amended to read:

AB7-ASA1,20,2 5.62 (3) The board shall designate the official primary ballot arrangement for statewide offices and district attorney within each prosecutorial district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate column or row on the ballot, the candidates for office shall be listed together with the offices which they seek in the following order whenever these offices appear on the September partisan primary ballot: governor, lieutenant governor, attorney general, secretary of state, state treasurer, U.S. senator, U.S. representative in congress, state senator, representative to the assembly, district attorney and the county offices. Below the names of the independent candidates shall appear the party or principle of the candidates, if any, in 5 words or less, as shown on their nomination papers.

AB7-ASA1, s. 16 Section 16. 5.62 (5) of the statutes is amended to read:

AB7-ASA1,20,11 5.62 (5) At the September partisan primary, an elector may vote for the candidates of only one party, or the elector may vote for any of the independent candidates for state office listed; but the elector may not vote for more than one candidate for a single office. A space shall be provided on the ballot for an elector to write in the name of his or her choice as a party candidate for any office, including a party candidate of a party whose name appears on the ballot, column or row designated for independent candidates, as provided in sub. (1) (b) or (2) (b), but no space shall be provided to write in the names of independent candidates.

AB7-ASA1, s. 17 Section 17. 5.64 (1) (ar) 1. a. of the statutes is repealed.

AB7-ASA1, s. 18 Section 18. 5.64 (1) (ar) 1m. of the statutes is created to read:

AB7-ASA1,20,16 5.64 (1) (ar) 1m. When voting for president and vice president, the ballot shall permit an elector to vote only for the candidates on one ticket jointly or to write in the names of persons in both spaces.

AB7-ASA1, s. 19 Section 19. 5.64 (1) (b) of the statutes is amended to read:

AB7-ASA1,21,7 5.64 (1) (b) The names of the candidates for the offices of president and vice president that are certified under s. 8.16 (7) or that are contained in nomination papers filed under s. 8.20 shall appear on the ballot in the form prescribed in s. 7.08 (2) (a). The names of the candidates on the regular party tickets nominated at the primary or replacements appointed under s. 8.35 (2) shall appear in a separate column under the party designation. The columns shall be arranged from left to right according to rank, based on the number of votes received by each party's candidate for president or governor at the last general election beginning with the party that received the most votes. To the right of the columns for parties qualifying under s. 5.62 (1) (b) shall be placed the columns for parties qualifying under s. 5.62 (2) in the same order in which the parties filed petitions with the board. Any column required under par. (e) 2. shall be placed next in order. To the right of the party columns shall be a column for the names of independent candidates for each office, or more than one column if the first column does not provide sufficient space for the names of all such candidates.

AB7-ASA1, s. 20 Section 20. 5.91 (2) of the statutes is repealed.

AB7-ASA1, s. 21 Section 21. 6.02 (1) of the statutes is amended to read:

AB7-ASA1,21,12 6.02 (1) Every U.S. citizen age 18 or older who has resided in an election district or ward for 10 28 consecutive days before any election where the citizen offers to vote is an eligible elector.

AB7-ASA1, s. 22 Section 22. 6.02 (2) of the statutes is amended to read:

AB7-ASA1,21,18 6.02 (2) Any U.S. citizen age 18 or older who moves within this state later than 10 28 days before an election shall vote at his or her previous ward or election district if the person is otherwise qualified. If the elector can comply with the 10-day 28-day residence requirement at the new address and is otherwise qualified, he or she may vote in the new ward or election district.

AB7-ASA1, s. 23 Section 23. 6.10 (1) of the statutes is amended to read:

AB7-ASA1,21,23 6.10 (1) The residence of a person is the place where the principal or primary home or place of abode is located, where the person's habitation is fixed, without any present intent to move, and to which, when absent, the person intends has the present intent to return, regardless of the duration of the absence.

AB7-ASA1, s. 24 Section 24. 6.10 (1m) of the statutes is created to read:

AB7-ASA1,22,6 6.10 (1m) In determining the principal or primary home or place of abode of a person, the following circumstances may be taken into account: business pursuits; employment; income sources; residence for income or other tax purposes; residence of the person's parents, spouse, or children, if any; leaseholds; situs of real and personal property; location of any homestead for which a credit is elected under subch. VIII of ch. 71; and motor vehicle registrations.

AB7-ASA1, s. 25 Section 25. 6.10 (3) of the statutes is amended to read:

AB7-ASA1,22,16 6.10 (3) When an elector moves from one ward to another or his or her residence from one ward or municipality to another ward or municipality within the state after the last registration day but at least 10 28 days before the election, the elector may vote in and be considered a resident of the new ward or municipality where residing upon transferring registration under s. 6.40 (1) or upon registering at the proper polling place or other registration location in the new ward or municipality under s. 6.55 (2) or 6.86 (3) (a) 2. If the elector moves within 10 his or her residence later than 28 days of before an election, the elector shall vote in the elector's old former ward or municipality if otherwise qualified to vote there.

AB7-ASA1, s. 26 Section 26. 6.10 (4) of the statutes is amended to read:

AB7-ASA1,23,4 6.10 (4) The residence of an unmarried person sleeping in one ward and boarding in another is the place where the person sleeps. The residence of an unmarried person in a transient vocation, a teacher or a student who boards at different places for part of the week, month, or year, if one of the places is the residence of the person's parents, is the place of the parents' residence unless through registration or similar act the person elects to establish a residence elsewhere. If the person has no parents and if the person has not registered elsewhere, the person's residence shall be at the place which that the person considered his or her residence in preference to any other for at least 10 28 consecutive days before an election. If this place is within the municipality, the person is entitled to all the privileges and subject to all the duties of other citizens having their residence there, including voting.

AB7-ASA1, s. 27 Section 27. 6.10 (8) of the statutes is amended to read:

AB7-ASA1,23,9 6.10 (8) No person gains a residence in any ward or election district of this state while there for temporary purposes only without the intention of making that ward or election district the person's home but with the intention of leaving it when the person has accomplished the purpose that brought the person there.

AB7-ASA1, s. 28 Section 28. 6.10 (10) of the statutes is amended to read:

AB7-ASA1,23,14 6.10 (10) If a person who established residence in this state moves to another state with an intent to make a permanent residence there, or, if while there the person exercises the right to vote as a citizen of that state by voting, the person loses Wisconsin residence in this state.

AB7-ASA1, s. 29 Section 29. 6.15 (1) of the statutes is amended to read:

AB7-ASA1,23,21 6.15 (1) Qualifications. Any person who was or who is a qualified an eligible elector under ss. 6.02 and 6.03, except that he or she has been a resident of this state for less than 10 28 consecutive days prior to the date of the presidential election, is entitled to vote for the president and vice president but for no other offices. The fact that the person was not registered to vote in the state from which he or she moved does not prevent voting in this state if the elector is otherwise qualified.

AB7-ASA1, s. 30 Section 30. 6.15 (2) (a) of the statutes is amended to read:

AB7-ASA1,24,5 6.15 (2) (a) The elector's request for the application form may be made in person to the municipal clerk of the municipality where the person resides. Application may be made not sooner than 9 27 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in the ward or election district in which the elector resides. If an elector makes application before election day, the application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form: