Amendment ASA1-SB295

LRBs0342/1

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2015 - 2016 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO SENATE BILL 295

February 16, 2016 - Offered by Representatives Berceau, Zamarripa and Kessler.

SB295-ASA1,1,8 An Act to amend 5.056, 6.24 (3), 6.275 (1) (b), 6.28 (1), 6.30 (1), 6.32, 6.33 (1), 6.33 (2) (a), 6.34 (2), 6.35 (1) (intro.), 6.36 (2) (c), 6.40 (1) (a) 1., 6.40 (1) (c), 6.50 (10), 6.55 (2) (d), 6.86 (3) (c), 6.87 (4) (b) 1., 7.08 (1) (c), 85.61 (1) and 343.027; to repeal and recreate 5.056, 6.24 (3), 6.30 (5), 6.32, 6.33 (1), 6.34 (4), 6.35 (2), 7.08 (1) (c), 85.61 (1) and 343.027; and to create 6.30 (5), 6.34 (2m), 6.34 (4) and 6.35 (2) of the statutes; relating to: electronic voter registration, verification of certain registrations, and proof of 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 substitute amendment 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 substitute amendment 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 substitute amendment, 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 substitute amendment 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 substitute amendment 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 substitute amendment 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 substitute amendment becomes law by at least six months.

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

SB295-ASA1,1 Section 1. 5.056 of the statutes is amended to read:

SB295-ASA1,3,6 5.056 Matching program with secretary of transportation. The administrator of the elections division of the board shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the board under s. 6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable information maintained by the department of transportation.

SB295-ASA1,2 Section 2. 5.056 of the statutes, as affected by 2015 Wisconsin Acts 118 and .... (this act), is repealed and recreated to read:

SB295-ASA1,3,14 5.056 Matching program with secretary of transportation. The commission administrator shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable information maintained by the department of transportation.

SB295-ASA1,3 Section 3. 6.24 (3) of the statutes is amended to read:

SB295-ASA1,3,21 6.24 (3) Registration. The overseas elector shall register in the municipality where he or she was last domiciled or where the overseas elector's parent was last domiciled on a form prescribed by the board designed to ascertain the elector's qualifications under this section. The form shall be substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (4) or (5).

SB295-ASA1,4 Section 4. 6.24 (3) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:

SB295-ASA1,4,4 6.24 (3) Registration. The overseas elector shall register in the municipality where he or she was last domiciled or where the overseas elector's parent was last domiciled on a form prescribed by the commission designed to ascertain the elector's qualifications under this section. The commission shall ensure that the form is substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (4) or (5).

SB295-ASA1,5 Section 5. 6.275 (1) (b) of the statutes is amended to read:

SB295-ASA1,4,9 6.275 (1) (b) The total number of electors of the municipality residing in that county who were preregistered on the deadline specified in s. 6.28 (1), including valid mail registrations which are postmarked by that day and valid electronic registrations entered under s. 6.30 (5).

SB295-ASA1,6 Section 6. 6.28 (1) of the statutes is amended to read:

SB295-ASA1,5,4 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.29, 6.55 (2), and 6.86 (3) (a) 2., registration in person for any election shall close at 5 p.m. on the 3rd Wednesday preceding the election. Registrations made by mail under s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked no later than the 3rd Wednesday preceding the election. Electronic registration for an election under s. 6.30 (5) shall close at midnight on the 3rd Wednesday preceding the election. All applications for registration corrections and additions may be made throughout the year at the office of the city board of election commissioners, at the office of the municipal clerk, at the office of the county clerk, or at other locations provided by the board of election commissioners or the common council in cities over 500,000 population or by either or both the municipal clerk, or the common council, village or town board in all other municipalities. Other registration locations may include but are not limited to fire houses, police stations, public libraries, institutions of higher education, supermarkets, community centers, plants and factories, banks, savings and loan associations and savings banks. Special registration deputies shall be appointed for each location unless the location can be sufficiently staffed by the board of election commissioners or the municipal clerk or his or her deputies. An elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.

SB295-ASA1,7 Section 7. 6.30 (1) of the statutes is amended to read:

SB295-ASA1,5,7 6.30 (1) In person. An elector shall apply for registration in person, except as provided under sub. subs. (4) and (5) and s. 6.86 (3) (a) 2.

SB295-ASA1,8 Section 8. 6.30 (5) of the statutes is created to read:

SB295-ASA1,6,12 6.30 (5) By electronic application. Any eligible elector may register electronically in the manner prescribed by the board. The board shall maintain on the Internet a secure registration form that enables the elector to enter the information required under s. 6.33 (1) electronically. The form shall contain an authorization for the board to obtain from the department of transportation an electronic copy of the applicant's signature, which signature shall constitute an affirmance that all information provided by the elector is correct and shall have the same effect as if the applicant had signed the application personally. Upon submittal of the electronic application, the board shall obtain from the department of transportation a copy of the electronic signature of the applicant and shall integrate the signature into the applicant's electronic application. If an eligible elector does not hold a current and valid operator's license issued under ch. 343 or a current and valid identification card issued under s. 343.50, the elector shall upload a copy of the elector's signature to the registration form and provide on the registration form the last 4 digits of the elector's social security number, except that an eligible 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 hold a current and valid operator's license issued under ch. 343 or a current and valid identification card issued under s. 343.50 shall also upload to the registration form a copy of his or her identifying document to establish proof of residence, as provided under s. 6.34. The board shall maintain the electronically integrated application on file together with nonelectronic applications and shall notify the municipal clerk or board of election commissioners of the municipality where the applicant resides of its receipt of each completed application. The board shall also permit any elector to make changes in his or her registration authorized under s. 6.40 (1) at the same Internet site that is used by electors for original registration under this subsection. An elector shall attest to the correctness of any changes in the same manner as provided in this subsection for information entered on an application for original registration.

SB295-ASA1,9 Section 9. 6.30 (5) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:

SB295-ASA1,7,18 6.30 (5) By electronic application. Any eligible elector may register electronically in the manner prescribed by the commission. The commission shall maintain on the Internet a secure registration form that enables the elector to enter the information required under s. 6.33 (1) electronically. The form shall contain an authorization for the commission to obtain from the department of transportation an electronic copy of the applicant's signature, which signature shall constitute an affirmance that all information provided by the elector is correct and shall have the same effect as if the applicant had signed the application personally. Upon submittal of the electronic application, the commission shall obtain from the department of transportation a copy of the electronic signature of the applicant and shall integrate the signature into the applicant's electronic application. If an eligible elector does not hold a current and valid operator's license issued under ch. 343 or a current and valid identification card issued under s. 343.50, the elector shall upload a copy of the elector's signature to the registration form and provide on the registration form the last 4 digits of the elector's social security number, except that an eligible 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 hold a current and valid operator's license issued under ch. 343 or a current and valid identification card issued under s. 343.50 shall also upload to the registration form a copy of his or her identifying document to establish proof of residence, as provided under s. 6.34. The commission shall maintain the electronically integrated application on file together with nonelectronic applications and shall notify the municipal clerk or board of election commissioners of the municipality where the applicant resides of its receipt of each completed application. The commission shall also permit any elector to make changes in his or her registration authorized under s. 6.40 (1) at the same Internet site that is used by electors for original registration under this subsection. An elector shall attest to the correctness of any changes in the same manner as provided in this subsection for information entered on an application for original registration.

SB295-ASA1,10 Section 10. 6.32 of the statutes is amended to read:

SB295-ASA1,7,24 6.32 Verification of certain registrations. (1) Upon receipt of a registration form that is submitted by mail under s. 6.30 (4) or by electronic application under s. 6.30 (5) or that is submitted by a special registration deputy appointed under s. 6.26, the board or municipal clerk shall examine the form for sufficiency.

SB295-ASA1,8,5 (2) If the form is insufficient to accomplish registration or the board or clerk knows or has reliable information that the proposed elector is not qualified, the board or clerk shall notify the proposed elector within 5 days, if possible, and request that the elector appear at the clerk's office or other another registration center location to complete a proper registration or substantiate the information presented.

SB295-ASA1,8,9 (3) If the form is submitted later than the close of registration, the board or clerk shall make a good faith effort to notify the elector that he or she may register at the clerk's office under s. 6.29 or at the proper polling place or other location designated under s. 6.55 (2).

SB295-ASA1,8,20 (4) If the form is sufficient to accomplish registration and the board or clerk has no reliable information to indicate that the proposed elector is not qualified, the board or clerk shall enter the elector's name on the registration list and transmit a 1st class letter or postcard to the registrant, specifying the elector's ward or and aldermanic district, or both, if any, and polling place. The letter or postcard shall be sent within 10 days of receipt of the form. If the letter or postcard is returned, or if the board or clerk is informed of a different address than the one specified by the elector, the board or clerk shall change the status of the elector on the list from eligible to ineligible. The letter or postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the board or clerk if the elector does not reside at the address given on the letter or postcard.

SB295-ASA1,11 Section 11. 6.32 of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:

SB295-ASA1,9,2 6.32 Verification of certain registrations. (1) Upon receipt of a registration form that is submitted by mail under s. 6.30 (4) or by electronic application under s. 6.30 (5) or that is submitted by a special registration deputy appointed under s. 6.26, the commission or municipal clerk shall examine the form for sufficiency.

SB295-ASA1,9,7 (2) If the form is insufficient to accomplish registration or the commission or clerk knows or has reliable information that the proposed elector is not qualified, the commission or clerk shall notify the proposed elector within 5 days, if possible, and request that the elector appear at the clerk's office or another registration location to complete a proper registration or substantiate the information presented.

SB295-ASA1,9,11 (3) If the form is submitted later than the close of registration, the commission or clerk shall make a good faith effort to notify the elector that he or she may register at the clerk's office under s. 6.29 or at the proper polling place or other location designated under s. 6.55 (2).

SB295-ASA1,9,22 (4) If the form is sufficient to accomplish registration and the commission or clerk has no reliable information to indicate that the proposed elector is not qualified, the commission or clerk shall enter the elector's name on the registration list and transmit a 1st class letter or postcard to the registrant, specifying the elector's ward and aldermanic district, or both, if any, and polling place. The letter or postcard shall be sent within 10 days of receipt of the form. If the letter or postcard is returned, or if the commission or clerk is informed of a different address than the one specified by the elector, the commission or clerk shall change the status of the elector on the list from eligible to ineligible. The letter or postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the commission or clerk if the elector does not reside at the address given on the letter or postcard.

SB295-ASA1,12 Section 12. 6.33 (1) of the statutes is amended to read:

SB295-ASA1,9,25 6.33 (1) The board shall prescribe the format, size, and shape of registration forms. All nonelectronic forms shall be printed on cards and each item of information shall be of uniform font size, as prescribed by the board. Except as otherwise provided in this subsection, electronic forms shall contain the same information as nonelectronic forms. The municipal clerk shall supply sufficient forms to meet voter registration needs. The forms shall be designed to obtain from each applicant information as to name; date; residence location; location of previous residence immediately before moving to current residence location; citizenship; date of birth; age; the number of a current and valid operator's license issued to the elector under ch. 343 or the last 4 digits of the elector's social security account number; whether the applicant has resided within the ward or election district for at least 28 the number of consecutive days specified in s. 6.02 (1); whether the applicant has been convicted of a felony for which he or she has not been pardoned, and if so, whether the applicant is incarcerated, or on parole, probation, or extended supervision; whether the applicant is disqualified on any other ground from voting; and whether the applicant is currently registered to vote at any other location. The Except as provided in s. 6.30 (5), the form shall include a space for the applicant's signature. Below the space for the signature, the form shall state "Falsification of information on this form is punishable under Wisconsin law as a Class I felony.". The form shall include a space to enter the name of any special registration deputy under s. 6.26 or 6.55 (6) or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name, affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form. The form shall include a space for entry of the ward and aldermanic district, if any, where the elector resides and any other information required to determine the offices and referenda for which the elector is certified to vote. The form shall also include a space where the clerk may record an indication of whether the form is received by mail or by electronic application, a space where the clerk shall record an indication of the type of identifying document submitted by the elector as proof of residence under s. 6.34 or an indication that the elector's information in lieu of proof of residence was verified under s. 6.34 (2m), the name of the entity or institution that issued the identifying document, and, if the identifying document includes a number that applies only to the individual holding that document, that number. The form shall also include a space where the clerk, for any applicant who possesses a valid voting identification card issued to the person under s. 6.47 (3), may record the identification serial number appearing on the voting identification card. Each county clerk shall obtain sufficient registration forms for completion by an elector who desires to register to vote at the office of the county clerk under s. 6.28 (4).

SB295-ASA1,13 Section 13. 6.33 (1) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:

SB295-ASA1,13,2 6.33 (1) The commission shall prescribe the format, size, and shape of registration forms. All nonelectronic forms shall be printed on cards and each item of information shall be of uniform font size, as prescribed by the commission. Except as otherwise provided in this subsection, electronic forms shall contain the same information as nonelectronic forms. The municipal clerk shall supply sufficient forms to meet voter registration needs. The forms shall be designed to obtain from each applicant information as to name; date; residence location; location of previous residence immediately before moving to current residence location; citizenship; date of birth; age; the number of a current and valid operator's license issued to the elector under ch. 343 or the last 4 digits of the elector's social security account number; whether the applicant has resided within the ward or election district for the number of consecutive days specified in s. 6.02 (1); whether the applicant has been convicted of a felony for which he or she has not been pardoned, and if so, whether the applicant is incarcerated, or on parole, probation, or extended supervision; whether the applicant is disqualified on any other ground from voting; and whether the applicant is currently registered to vote at any other location. Except as provided in s. 6.30 (5), the form shall include a space for the applicant's signature. Below the space for the signature, the form shall state "Falsification of information on this form is punishable under Wisconsin law as a Class I felony.". The form shall include a space to enter the name of any special registration deputy under s. 6.26 or 6.55 (6) or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name, affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form. The form shall include a space for entry of the ward and aldermanic district, if any, where the elector resides and any other information required to determine the offices and referenda for which the elector is certified to vote. The form shall also include a space where the clerk may record an indication of whether the form is received by mail or by electronic application, a space where the clerk shall record an indication of the type of identifying document submitted by the elector as proof of residence under s. 6.34 or an indication that the elector's information in lieu of proof of residence was verified under s. 6.34 (2m), the name of the entity or institution that issued the identifying document, and, if the identifying document includes a number that applies only to the individual holding that document, that number. The form shall also include a space where the clerk, for any applicant who possesses a valid voting identification card issued to the person under s. 6.47 (3), may record the identification serial number appearing on the voting identification card. Each county clerk shall obtain sufficient registration forms for completion by an elector who desires to register to vote at the office of the county clerk under s. 6.28 (4).

SB295-ASA1,14 Section 14. 6.33 (2) (a) of the statutes is amended to read:

SB295-ASA1,13,16 6.33 (2) (a) All information may be recorded by any person, except that the ward and aldermanic district, if any, other geographic information under sub. (1), the indication of whether the registration is received by mail or by electronic application, the type of identifying document submitted by the elector as proof of residence under s. 6.34 or an indication that the elector's information in lieu of proof of residence was verified under s. 6.34 (2m), and any information relating to an applicant's voting identification card shall be recorded by the clerk. Each Except as provided in s. 6.30 (5), each applicant shall sign his or her own name unless the applicant is unable to sign his or her name due to physical disability. In such case, the applicant may authorize another elector to sign the form on his or her behalf. If the applicant so authorizes, the elector signing the form shall attest to a statement that the application is made upon request and by authorization of a named elector who is unable to sign the form due to physical disability.

SB295-ASA1,15 Section 15. 6.34 (2) of the statutes is amended to read:

SB295-ASA1,13,23 6.34 (2) Upon Except as provided in sub. (2m), upon completion of a registration form prescribed under s. 6.33, each eligible elector who is required to register under s. 6.27, who is not a military elector or an overseas elector, shall provide an identifying document that establishes proof of residence under sub. (3). If the elector registered by mail or by electronic application, the identifying document may not be a residential lease.

SB295-ASA1,16 Section 16. 6.34 (2m) of the statutes is created to read: