Amendment SSA2-SB295

LRBs0323/1

JK:cjs/wlj/amn

2015 - 2016 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO SENATE BILL 295

February 9, 2016 - Offered by Senators Lassa, Carpenter, L. Taylor, Erpenbach, Risser, Miller, Bewley, Vinehout, Wirch, Shilling and Hansen.

SB295-SSA2,1,12 An Act to repeal 6.40, 6.55 (2) (a) 2. and 7.515; to renumber 5.05 (14); to renumber and amend 6.33 (5) (a) and 6.36 (1) (a); to amend 5.056, 5.85 (2) (b) 1., 5.85 (2) (b) 2., 5.90 (1), 6.10 (3), 6.22 (5), 6.24 (3), 6.25 (1) (a), 6.25 (1) (b), 6.275 (1) (b), 6.28 (1), 6.30 (1), 6.30 (4), 6.32 (1) and (2), 6.325, 6.33 (1), 6.33 (2) (a), 6.34 (2), 6.35 (1) (intro.), 6.36 (1) (b) 1. a., 6.36 (2) (c), 6.36 (6), 6.50 (3), 6.50 (10), 6.55 (2) (d), 6.79 (1m), 6.79 (2) (d), 6.87 (4) (b) 1., 6.87 (6), 7.08 (1) (c), 7.51 (5) (b), 7.53 (1) (a), 7.53 (3) (a), 7.60 (1), 9.01 (1) (a) 1., 11.1104 (6), 85.61 (1) and 343.027; and to create 5.02 (6m) (g), 5.05 (14) (b), 5.05 (14) (c), 5.05 (18), 6.30 (5), 6.33 (5) (a) 2., 6.34 (2m), 6.34 (3) (a) 12., 6.34 (4), 6.35 (2), 6.36 (1) (a) 13. to 16., 6.36 (1) (ae), 6.87 (6d), 7.51 (4) (c), 19.42 (10) (ab) and 19.42 (13) (p) of the statutes; relating to: electronic voter registration and election administration and granting rule-making authority.

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

SB295-SSA2,1 Section 1. 5.02 (6m) (g) of the statutes is created to read:

SB295-SSA2,2,3 5.02 (6m) (g) A veterans identification card issued by the veterans health administration of the federal department of veterans affairs.

SB295-SSA2,2 Section 2. 5.05 (14) of the statutes is renumbered 5.05 (14) (a).

SB295-SSA2,3 Section 3. 5.05 (14) (b) of the statutes is created to read:

SB295-SSA2,2,8 5.05 (14) (b) The commission shall establish a subscription service whereby a person may electronically access the absentee ballot information provided under s. 6.33 (5) (a), including semiweekly updates of such information.

SB295-SSA2,4 Section 4. 5.05 (14) (c) of the statutes is created to read:

SB295-SSA2,2,12 5.05 (14) (c) On election night the commission shall provide a link on its Internet site to the posting of each county's election returns on each county's Internet site.

SB295-SSA2,5 Section 5. 5.05 (18) of the statutes is created to read:

SB295-SSA2,2,16 5.05 (18) Electronic poll lists. The commission may facilitate the creation and maintenance of electronic poll lists for purposes of s. 6.79 including entering into contracts with vendors and establishing programs for development and testing.

SB295-SSA2,6 Section 6. 5.056 of the statutes, as affected by 2015 Wisconsin Act 118, is amended to read:

SB295-SSA2,3,2 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-SSA2,7 Section 7. 5.85 (2) (b) 1. of the statutes is amended to read:

SB295-SSA2,3,15 5.85 (2) (b) 1. In case of an overvote for any office, the election officials shall may either use the override function of the electronic voting system in order to eliminate the votes for the overvoted office, which shall be noted on the inspector's statement, or make a true duplicate ballot of all votes on the ballot except for the office that is overvoted in the manner described in this subdivision. The If the election officials make a true duplicate ballot, they shall use an official ballot of that kind used by the elector who voted the original ballot, and one of the marking devices, so as to transfer all votes of the elector except for the office overvoted to an official ballot of that kind used in the ward at that election. Unless election officials are selected under s. 7.30 (4) (c) without regard to party affiliation, whenever election officials of both of the 2 major political parties are present, the election officials acting under this subdivision shall consist in each case of at least one election official of each of the parties.

SB295-SSA2,8 Section 8. 5.85 (2) (b) 2. of the statutes is amended to read:

SB295-SSA2,4,4 5.85 (2) (b) 2. On any original ballot upon which there is an overvote and for which a duplicate ballot is made under subd. 1., the election officials shall, in the space on the ballot for official endorsement, identify the ballot as an "Overvoted Ballot" and write a serial number. On the any duplicate ballot produced under subd. 1., the election officials shall, in the space on the ballot for official endorsement, identify the ballot as a "Duplicate Overvoted Ballot" and write a serial number. The election officials shall place the same serial number on each "Overvoted Ballot" and its corresponding "Duplicate Overvoted Ballot," commencing with number "1" and continuing consecutively for each of the ballots for which a "Duplicate Overvoted Ballot" is produced in that ward or election district. The election officials shall initial the "Duplicate Overvoted Ballot" ballots and shall place them in the container for return of the ballots. The "Overvoted Ballot" ballots and their envelopes shall be placed in the "Original Ballots" envelope.

SB295-SSA2,9 Section 9. 5.90 (1) of the statutes is amended to read:

SB295-SSA2,4,24 5.90 (1) Except as otherwise provided in this subchapter, recounts of votes cast on an electronic voting system shall be conducted in the manner prescribed in s. 9.01. Except as provided in this subsection, sub. (2), and s. 9.01 (1) (b) 8s., if the ballots are distributed to the electors, the board of canvassers shall recount the ballots with automatic tabulating equipment. The board of canvassers shall test the automatic tabulating equipment to be used prior to the recount as provided in s. 5.84, and then the official ballots or the record of the votes cast shall be recounted on the automatic tabulating equipment. In addition, the board of canvassers shall check the ballots for the presence or absence of the initials and other distinguishing marks, shall examine the ballots marked "Rejected", "Defective", " Overvoted", and "Objected to" to determine the propriety of such labels, and shall compare the "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots" with their respective originals to determine the correctness of the duplicates. Unless a court orders a recount to be conducted by another method under sub. (2), the board of canvassers may determine to conduct the recount of a specific election by hand and may determine to conduct the recount by hand for only certain wards or election districts. If electronic voting machines are used, the board of canvassers shall perform the recount using the permanent paper record of the votes cast by each elector, as generated by the machines.

SB295-SSA2,10 Section 10. 6.10 (3) of the statutes is amended to read:

SB295-SSA2,5,8 6.10 (3) When an elector moves his or her residence from one ward or municipality to another ward or municipality within the state at least 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 his or her residence later than 28 days before an election, the elector shall vote in the elector's former ward or municipality if otherwise qualified to vote there.

SB295-SSA2,11 Section 11. 6.22 (5) of the statutes is amended to read:

SB295-SSA2,5,15 6.22 (5) Voting procedure. Except as provided in s. 7.515 and as authorized in s. 6.25, the ballot shall be marked and returned, deposited and recorded in the same manner as other absentee ballots. In addition, the certification under s. 6.87 (2) shall have a statement of the elector's birth date. Failure to return any unused ballots in a primary election does not invalidate the ballot on which the elector casts his or her votes.

SB295-SSA2,12 Section 12. 6.24 (3) of the statutes is amended to read:

SB295-SSA2,5,22 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 form commission shall be 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-SSA2,13 Section 13. 6.25 (1) (a) of the statutes is amended to read:

SB295-SSA2,6,7 6.25 (1) (a) Any individual who qualifies as a military elector under s. 6.22 (1) (b) and who transmits an application for an official absentee ballot for any election, including a primary election, no later than the latest time specified for the elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under 42 USC 1973ff-2 for any candidate for an office listed on the official ballot or for all of the candidates of any recognized political party for the offices listed on the official ballot at that election if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the applicable time prescribed in s. 6.87 (6) or 7.515 (3).

SB295-SSA2,14 Section 14. 6.25 (1) (b) of the statutes is amended to read:

SB295-SSA2,6,17 6.25 (1) (b) Any individual who qualifies as an overseas elector under s. 6.24 (1) and who transmits an application for an official absentee ballot for an election for national office, including a primary election, no later than the latest time specified for an elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all candidates of any recognized political party for national office listed on the official ballot at that election, if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the applicable time prescribed in s. 6.87 (6) or 7.515 (3).

SB295-SSA2,15 Section 15. 6.275 (1) (b) of the statutes is amended to read:

SB295-SSA2,6,22 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) (a), including valid mail registrations which are postmarked by that day and valid electronic registrations entered under s. 6.30 (5).

SB295-SSA2,16 Section 16. 6.28 (1) of the statutes is amended to read:

SB295-SSA2,7,17 6.28 (1) Registration locations; deadline. (a) Except as authorized in ss. 6.29, 6.55 (2), and 6.86 (3) (a) 2., registration in person for any an election shall close closes 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 under s. 6.30 (5) for an election closes at 11:59 p.m. 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-SSA2,17 Section 17. 6.30 (1) of the statutes is amended to read:

SB295-SSA2,7,20 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-SSA2,18 Section 18. 6.30 (4) of the statutes is amended to read:

SB295-SSA2,8,4 6.30 (4) By mail. Any eligible elector may register by mail on a form prescribed by the commission and provided by each municipality. The form shall be designed to obtain the information required in ss. 6.33 (1) and to provide for changes authorized under s. 6.40 (1) (a). The form shall contain a certification by the elector that all statements are true and correct. The form shall be prepostpaid for return when mailed at any point within the United States. The form shall be available in the municipal clerk's office and may be distributed by any elector of the municipality. The clerk shall mail a registration form to any elector upon written or oral request.

SB295-SSA2,19 Section 19. 6.30 (5) of the statutes is created to read:

SB295-SSA2,9,2 6.30 (5) By electronic application. An eligible elector who holds a current and valid operator's license issued under ch. 343 or a current and valid identification card issued under s. 343.50 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. An elector who registers electronically under this subsection must authorize the commission to obtain from the department of transportation an electronic copy of the elector'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 elector had signed the application personally. The commission shall include on the registration form a place for the elector to give this authorization. Upon submittal of the electronic application, the commission shall obtain from the department of transportation a copy of the electronic signature of the elector. The commission shall maintain the application on file and shall notify the municipal clerk or board of election commissioners of the municipality where the elector resides of its receipt of each completed application. The commission shall also permit any elector who has a current and valid operator's license issued to the elector under ch. 343 or a current and valid identification card issued under s. 343.50 to make changes in his or her registration 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-SSA2,20 Section 20. 6.32 (1) and (2) of the statutes are amended to read:

SB295-SSA2,9,7 6.32 (1) Upon receipt of a registration form that is submitted by mail under s. 6.30 (4) or that is submitted by a special registration deputy appointed under s. 6.26 or by electronic application under s. 6.30 (5), the municipal clerk shall examine the form for sufficiency.

SB295-SSA2,9,12 (2) If the form is insufficient to accomplish registration or the clerk knows or has reliable information that the proposed elector is not qualified, the 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-SSA2,21 Section 21. 6.325 of the statutes is amended to read:

SB295-SSA2,9,24 6.325 Disqualification of electors. No person may be disqualified as an elector unless the municipal clerk, board of election commissioners or a challenging elector under s. 6.48 demonstrates beyond a reasonable doubt that the person does not qualify as an elector or is not properly registered. If it appears that the challenged elector is registered at a residence in this state other than the one where the elector now resides, the municipal clerk or board of election commissioners shall, before permitting the elector to vote, require the elector to transfer his or her registration under s. 6.40 (1) (a) properly register and shall notify the municipal clerk or board of election commissioners at the former residence. The municipal clerk or board of election commissioners may require naturalized applicants to show their naturalization certificates.

SB295-SSA2,22 Section 22. 6.33 (1) of the statutes is amended to read:

SB295-SSA2,11,18 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 commission shall be designed design the form to obtain from each applicant elector 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 elector 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 elector has been convicted of a felony for which he or she has not been pardoned, and if so, whether the applicant elector is incarcerated, or on parole, probation, or extended supervision; whether the applicant elector is disqualified on any other ground from voting; and whether the applicant elector is currently registered to vote at any other location. The form commission shall include on the nonelectronic form a space for the applicant's elector's signature and on the electronic form the authorization specified under s. 6.30 (5). Below the space for the signature or authorization, respectively, the form commission shall state include the following statement: "Falsification of information on this form is punishable under Wisconsin law as a Class I felony." . The form commission shall include on the form 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 commission shall include on the form 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 commission shall also include on the form 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 commission shall also include on the form a space where the clerk, for any applicant elector 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).