Amendment SSA2-SB295

SB295-SSA2,14,20 6.35 (1) (intro.) Under the direction of the municipal clerk or board of election commissioners, the original registration forms shall be filed in one of the following ways, except as provided in sub. subs. (1m) and (2):

SB295-SSA2,31 Section 31. 6.35 (2) of the statutes is created to read:

SB295-SSA2,14,24 6.35 (2) The commission shall prescribe, by rule, the procedure and methods by which municipal clerks and boards of election commissioners shall maintain records of registrations that are entered electronically under s. 6.30 (5).

SB295-SSA2,32 Section 32. 6.36 (1) (a) of the statutes is renumbered 6.36 (1) (a) (intro.) and amended to read:

SB295-SSA2,15,4 6.36 (1) (a) (intro.) The commission shall compile and maintain electronically an official registration list. The list shall contain all of the following:

SB295-SSA2,15,5 1. The name and address of each registered elector in the state, the.

SB295-SSA2,15,6 2. The elector's date of birth of the elector, the.

SB295-SSA2,15,7 3. The ward and aldermanic district of the elector, if any, and, for.

SB295-SSA2,15,9 4. For each elector, a unique registration identification number assigned by the commission, the.

SB295-SSA2,15,11 5. 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.

SB295-SSA2,15,12 6. Any identification serial number issued to the elector under s. 6.47 (3), the.

SB295-SSA2,15,13 7. The date of any election in which the elector votes, an.

SB295-SSA2,15,15 8. An indication of whether the elector is an overseas elector, as defined in s. 6.24 (1), any.

SB295-SSA2,15,18 9. Any information relating to the elector that appears on the current list transmitted to the commission by the department of corrections under s. 301.03 (20m), an.

SB295-SSA2,15,20 10. An indication of any accommodation required under s. 5.25 (4) (a) to permit voting by the elector, an.

SB295-SSA2,15,22 11. An indication of the method by which the elector's registration form was received, and an.

SB295-SSA2,16,5 12. An indication of whether the elector was required under s. 6.34 to provide proof of residence and, if so, the type of identifying document submitted as proof of residence, the name of the entity or institution that issued the identifying document, and, if the identifying document included a number that applies only to the individual holding that document, up to the last 4 digits of that number. If the number on the identifying document submitted by the elector had 6 or fewer digits, the list under this paragraph may not contain more than the last 2 digits of that number.

SB295-SSA2,16,8 (am) The list under this paragraph par. (a) may contain such other information as may be determined by the commission to facilitate administration of elector registration requirements.

SB295-SSA2,33 Section 33. 6.36 (1) (a) 13. to 16. of the statutes are created to read:

SB295-SSA2,16,11 6.36 (1) (a) 13. A separate column indicating the date on which an elector applied to vote by in-person absentee ballot.

SB295-SSA2,16,14 14. Separate columns indicating the date on which the clerk mailed an absentee ballot to an elector and the date on which the elector returned the absentee ballot.

SB295-SSA2,16,16 15. A separate column indicating the polling location associated with each elector's address and ward or aldermanic district, if any.

SB295-SSA2,16,18 16. A separate column indicating the mailing address for the municipal clerk associated with each polling location identified under subd. 15.

SB295-SSA2,34 Section 34. 6.36 (1) (ae) of the statutes is created to read:

SB295-SSA2,16,24 6.36 (1) (ae) 1. The chief election officer shall enter into a membership agreement with Electronic Registration Information Center, Inc., for the purpose of maintaining the official registration list under this section. Prior to entering into an agreement under this subdivision, the chief election officer shall ensure that the agreement satisfies all of the following conditions:

SB295-SSA2,17,3 a. It safeguards the confidentiality of information or data in the registration list that may be subject to transfer under the agreement and to which access is restricted under par. (b) 1. a.

SB295-SSA2,17,6 b. It prohibits the sale or distribution of the information or data in the registration list to a 3rd-party vendor and it prohibits any other action not associated with administration of or compliance with the agreement.

SB295-SSA2,17,8 c. It does not affect the exemption for this state under the national voter registration act.

SB295-SSA2,17,10 d. It allows the state to make contact with electors by electronic mail, whenever possible.

SB295-SSA2,17,15 2. If the chief election officer enters into an agreement under subd. 1., the chief election officer shall comply with the terms of the agreement, including the transmission of information and data related to the registration of electors in this state to the Electronic Registration Information Center, Inc., for processing and sharing with other member states and governmental units.

SB295-SSA2,35 Section 35. 6.36 (1) (b) 1. a. of the statutes, as affected by 2015 Wisconsin Act 118, is amended to read:

SB295-SSA2,18,2 6.36 (1) (b) 1. a. Except as provided in pars. (ae), (bm), and (bn), no person other than an employee of the commission, a county clerk, a deputy county clerk, an executive director of a county board of election commissioners, a deputy designated by the executive director, a municipal clerk, a deputy municipal 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, 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.

SB295-SSA2,36 Section 36. 6.36 (2) (c) of the statutes is amended to read:

SB295-SSA2,18,13 6.36 (2) (c) The list shall contain, next to the name of each elector, an indication of whether proof of residence under s. 6.34 is required for the elector to be permitted to vote. If proof of residence is provided, the type of identifying document submitted by the elector and the name of the entity or institution that issued the identifying document, or an indication that the information provided by the elector in lieu of proof of residence was verified under s. 6.34 (2m), shall be entered on the list in the space provided. Proof Except as provided in s. 6.34 (2m), proof of residence is required if the elector is not a military elector or an overseas elector and the elector registers by mail or by electronic application and has not previously voted in an election in this state.

SB295-SSA2,37 Section 37. 6.36 (6) of the statutes is amended to read:

SB295-SSA2,18,22 6.36 (6) The commission shall establish by rule the fee for obtaining a copy of the official registration list, or a portion of the list, including access to the subscription service established under s. 5.05 (14) (b). The amount of the fee shall be set, after consultation with county and municipal election officials, at an amount estimated to cover both the cost of reproduction and the cost of maintaining the list at the state and local level. The rules shall require that revenues from fees received be shared between the state and municipalities or their designees under s. 6.33 (5) (b), and shall specify a method for such allocation.

SB295-SSA2,38 Section 38. 6.40 of the statutes is repealed.

SB295-SSA2,39 Section 39. 6.50 (3) of the statutes is amended to read:

SB295-SSA2,19,15 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 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 change the elector's registration and mail the elector a notice of the transfer under s. 6.40 (2) change. This subsection does not restrict the right of an elector to challenge any registration under s. 6.325, 6.48, 6.925, 6.93, or 7.52 (5).

SB295-SSA2,40 Section 40. 6.50 (10) of the statutes is amended to read:

SB295-SSA2,19,21 6.50 (10) Any qualified elector whose registration is changed from eligible to ineligible status under this section may reregister as provided under s. 6.28 (1), 6.29 (2), or 6.55 (2), or, if the elector 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, may reregister under s. 6.30 (5).

SB295-SSA2,41 Section 41. 6.55 (2) (a) 2. of the statutes is repealed.

SB295-SSA2,42 Section 42. 6.55 (2) (d) of the statutes is amended to read:

SB295-SSA2,20,5 6.55 (2) (d) A registered elector who has changed his or her name but resides at the same address, and has not notified previously provided notice of the change to 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 when materials are returned under s. 6.56 (1). If an elector has changed both a name and address, the elector shall register at the polling place or other registration location under pars. (a) and (b).

SB295-SSA2,43 Section 43. 6.79 (1m) of the statutes is amended to read:

SB295-SSA2,20,21 6.79 (1m) Separate poll lists. Two election officials at each election ward shall be in charge of and shall maintain 2 separate poll lists containing information relating to all persons voting. The municipal clerk may elect to maintain the information on the lists poll list manually or electronically. If the lists are maintained clerk elects to maintain the list electronically, the commission shall prescribe a supplemental list that contains the full name, address, and space for the entry of the signature of each elector, or if the elector is exempt from the signature requirement under s. 6.36 (2) (a), the word "exempt". If the lists are maintained electronically, the officials shall enter the information into an electronic data recording system that enables retrieval of printed copies of the lists at the polling place an election official at each election ward shall be in charge of and shall maintain the poll list. The system employed to maintain the list electronically is subject to the approval of the commission. If the clerk elects to maintain the information manually, 2 election officials at each election ward shall be in charge of and shall maintain 2 separate poll lists.

SB295-SSA2,44 Section 44. 6.79 (2) (d) of the statutes is amended to read:

SB295-SSA2,21,8 6.79 (2) (d) If the poll list indicates that proof of residence under s. 6.34 is required and the proof of identification document provided by the elector under par. (a) does not constitute proof of residence under s. 6.34, the officials shall require the elector to provide proof of residence. If proof of residence is provided, the officials shall enter both the type of identifying document submitted as proof of residence and the name of the entity or institution that issued the identifying document in the space provided on the poll list and shall verify that the name and address on the identifying document is the same as the name and address shown on the registration list. If proof of residence is required and not provided, or if the elector does not present proof of identification under par. (a), whenever required, the officials shall offer the opportunity for the elector to vote under s. 6.97.

SB295-SSA2,45 Section 45. 6.87 (4) (b) 1. of the statutes is amended to read:

SB295-SSA2,22,11 6.87 (4) (b) 1. Except as otherwise provided in s. 6.875, the elector voting absentee shall make and subscribe to the certification before one witness who is an adult U.S. citizen. The absent elector, in the presence of the witness, shall mark the ballot in a manner that will not disclose how the elector's vote is cast. The elector shall then, still in the presence of the witness, fold the ballots so each is separate and so that the elector conceals the markings thereon and deposit them in the proper envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that the elector conceals the markings thereon and deposit the ballot in the proper envelope. If proof of residence under s. 6.34 is required and the document enclosed by the elector under this subdivision does not constitute proof of residence under s. 6.34, the elector shall also enclose proof of residence under s. 6.34 in the envelope. Proof Except as provided in s. 6.34 (2m), proof of residence is required if the elector is not a military elector or an overseas elector and the elector registered by mail or by electronic application and has not voted in an election in this state. If the elector requested a ballot by means of facsimile transmission or electronic mail under s. 6.86 (1) (ac), the elector shall enclose in the envelope a copy of the request which bears an original signature of the elector. The elector may receive assistance under sub. (5). The return envelope shall then be sealed. The witness may not be a candidate. The envelope shall be mailed by the elector, or delivered in person, to the municipal clerk issuing the ballot or ballots. If the envelope is mailed from a location outside the United States, the elector shall affix sufficient postage unless the ballot qualifies for delivery free of postage under federal law. Failure to return an unused ballot in a primary does not invalidate the ballot on which the elector's votes are cast. Return of more than one marked ballot in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an electronic voting system in a primary which is marked for candidates of more than one party invalidates all votes cast by the elector for candidates in the primary.

SB295-SSA2,46 Section 46. 6.87 (6) of the statutes is amended to read:

SB295-SSA2,22,20 6.87 (6) Except as provided in s. 7.515 (3), the The ballot shall be returned so it is received by the municipal clerk delivered to the polling place no later than 8 p.m. on election day. Except in municipalities where absentee ballots are canvassed under s. 7.52, if the municipal clerk receives an absentee ballot on election day, the clerk shall secure the ballot and cause the ballot to be delivered to the polling place serving the elector's residence before the closing hour. Except as provided in s. 7.515 (3), any 8 p.m. Any ballot not mailed or delivered as provided in this subsection may not be counted.

SB295-SSA2,47 Section 47. 6.87 (6d) of the statutes is created to read:

SB295-SSA2,22,23 6.87 (6d) If a certificate is missing the address of a witness, the ballot may not be counted.

SB295-SSA2,48 Section 48. 7.08 (1) (c) of the statutes is amended to read:

SB295-SSA2,23,5 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4) and (5), 6.33 (1), 6.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the commission.

SB295-SSA2,49 Section 49. 7.51 (4) (c) of the statutes is created to read:

SB295-SSA2,23,9 7.51 (4) (c) On election night the municipalities shall report the returns, by ward or reporting unit, to the county clerk no later than 2 hours after the votes are tabulated.

SB295-SSA2,50 Section 50. 7.51 (5) (b) of the statutes is amended to read:

SB295-SSA2,24,3 7.51 (5) (b) The municipal clerk shall deliver all ballots, statements, tally sheets, lists, and envelopes relating to a school district election to the school district clerk, excluding any absentee ballots that are received after the closing hour on election night and any provisional ballots, by 4 p.m. on the day following each such election and shall deliver to the school district clerk any amended statements, tally sheets, and lists for additional provisional and absentee ballots canvassed under s. 6.97 (4) or 7.515 (6) (b) no later than 4 p.m. on the Monday after the election. The municipal clerk shall deliver to the county clerk the ballots, statements, tally sheets, lists, and envelopes for his or her municipality relating to any county, technical college district, state, or national election no later than 4 p.m. on the day following each such election or, in municipalities where absentee ballots are canvassed under s. 7.52, by 4 p.m. on the 2nd day following each such election, and shall deliver to the county clerk any additional provisional and absentee ballots canvassed under s. 6.97 (4) or 7.515 (6) (b) together with amended statements, tally sheets, lists, and envelopes no later than 4 p.m. on the Monday after the election. The person delivering the returns shall be paid out of the municipal treasury. Each clerk shall retain ballots, statements, tally sheets, or envelopes received by the clerk until destruction is authorized under s. 7.23 (1).

SB295-SSA2,51 Section 51. 7.515 of the statutes is repealed.

SB295-SSA2,52 Section 52. 7.53 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 37, is amended to read:

SB295-SSA2,25,16 7.53 (1) (a) Where the municipality constitutes one ward or combines all wards to utilize a single polling place under s. 5.15 (6) (b), the canvass of the votes cast at the polling place shall be conducted publicly under s. 7.51 and the inspectors, other than any inspector appointed under s. 7.30 (1) (b), shall act as the municipal board of canvassers. The inspectors shall then complete the return statement for all votes cast at the polling place. If there are no provisional ballots that are eligible to be counted under s. 6.97 and the municipal clerk has not mailed or transmitted absentee ballots to any electors of the municipality that have not been returned by election night, and no absentee ballots are being canvassed under s. 7.52, the inspectors may complete and sign the canvass statement and determination on election night. In municipalities where absentee ballots are canvassed under s. 7.52, after the canvass of the absentee ballots is completed under s. 7.52, the board of absentee ballot canvassers shall reconcile the poll list of the electors who vote by absentee ballot with the corresponding poll list of the electors who vote in person to ensure that no elector is allowed to cast more than one ballot. If an elector who votes in person has submitted an absentee ballot, the absentee ballot is void. Except as authorized in par. (b), if one or more electors of the municipality have cast provisional ballots that are eligible to be counted under s. 6.97 or if the municipal clerk receives one or more absentee ballots by 4 p.m. on the Friday after the election that are eligible to be counted under s. 7.515 (6) (b), the inspectors, acting as the board of canvassers, shall reconvene no later than 9 a.m. on the Monday after the election to count the valid provisional and absentee ballots and shall adjust the returns accordingly. The inspectors, acting as the board of canvassers, need not reconvene if the municipal clerk certifies that he or she has received no provisional or absentee ballots from the time that the board of canvassers completed the initial canvass and 4 p.m. on the Friday after the election. Upon completion of the canvass under this paragraph and any canvass that is conducted under s. 7.52 and ascertainment of the results by the inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52, by the inspectors and the board of absentee ballot canvassers, the municipal clerk shall publicly read to the inspectors or the board of absentee ballot canvassers the names of the persons voted for and the number of votes for each person for each municipal office, the names of the persons declared by the inspectors or board of absentee ballot canvassers to have won nomination or election to each municipal office, and the number of votes cast for and against each municipal referendum question.

SB295-SSA2,53 Section 53. 7.53 (3) (a) of the statutes is amended to read:

SB295-SSA2,26,19 7.53 (3) (a) In a common, union high or unified school district, the school district clerk shall appoint 2 qualified electors of the school district prior to the date of the election being canvassed who shall, with the school district clerk, constitute the school district board of canvassers. If the school district clerk is a candidate at the election being canvassed, the other 2 members of the board of canvassers shall designate a 3rd member to serve in lieu of the clerk for that election. The school district clerk shall appoint a member to fill any other temporary vacancy on the board of canvassers. The canvass shall begin no later than 9 a.m. on the Tuesday after the election, and shall continue, without adjournment, until completed. The board of canvassers may return defective returns to the municipal board of canvassers in the manner provided in s. 7.60 (3). If the board of canvassers meets before 4 p.m. on the Monday after the election and thereafter receives amended statements, tally sheets, and lists from a municipal clerk for provisional or absentee ballots that are eligible to be counted under s. 6.97 (4) or 7.515 (6) (b), the board of canvassers shall reconvene no later than 9 a.m. on the Tuesday after the election and shall adjust the returns accordingly. No later than 4 p.m. on the Tuesday after the election, the board of canvassers shall complete the canvass and shall prepare a written statement showing the numbers of votes cast for each person for each office and for and against each question and shall prepare a determination showing the names of the persons who are elected to the school board and the results of any school district referendum. Following each primary election, the board of canvassers shall prepare a statement certifying the names of the persons who have won nomination to the school board. Each statement and determination shall be attested by each of the canvassers. The board of canvassers shall file each statement and determination in the school district office. The school district clerk shall certify nominations after each primary and issue certificates of election to persons who are elected to the school board after each election in the manner provided in sub. (4).

SB295-SSA2,54 Section 54. 7.60 (1) of the statutes is amended to read:

SB295-SSA2,26,25 7.60 (1) Keep office open. On election night the county clerk shall keep the clerk's office open to receive reports from the ward inspectors and shall post all returns. On election night the clerk shall post all returns, by ward or reporting unit, on an Internet site maintained by the county no later than 2 hours after receiving the returns.

SB295-SSA2,55 Section 55 . 9.01 (1) (a) 1. of the statutes, as affected by 2015 Wisconsin Act 118, is amended to read:

SB295-SSA2,27,22 9.01 (1) (a) 1. Any candidate voted for at any election or any elector who voted upon any referendum question at any election may petition for a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass following canvassing of any valid provisional and absentee ballots under ss. 6.97 (4) and 7.515 (6) and, except as provided in this subdivision, not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question following canvassing of all valid provisional and absentee ballots or, if more than one board of canvassers makes the determination, not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination following canvassing of all valid provisional and absentee ballots. If the commission chairperson or chairperson's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum following canvassing of all valid provisional and absentee ballots and not later than 5 p.m. on the 3rd business day following the day on which the commission receives the last statement from a county board of canvassers for the election or referendum following canvassing of all valid provisional and absentee ballots.

SB295-SSA2,56 Section 56. 11.1104 (6) of the statutes, as affected by 2015 Wisconsin Act 117, is amended to read:

SB295-SSA2,28,5 11.1104 (6) Contributions paid to a segregated fund established and administered by a political party or legislative campaign committee for purposes other than making contributions to a candidate committee or making disbursements for express advocacy, except that a political action committee may contribute no more than $12,000 in any calendar year to such a fund.

SB295-SSA2,57 Section 57. 19.42 (10) (ab) of the statutes is created to read:

SB295-SSA2,28,7 19.42 (10) (ab) A member or employee of the ethics commission.

SB295-SSA2,58 Section 58. 19.42 (13) (p) of the statutes is created to read:

SB295-SSA2,28,10 19.42 (13) (p) All members of the elections commission and all members of the ethics commission.

SB295-SSA2,59 Section 59. 85.61 (1) of the statutes, as affected by 2015 Wisconsin Act 118, is amended to read:

SB295-SSA2,28,20 85.61 (1) The secretary of transportation and the administrator of the elections commission shall enter into an agreement 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 in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the administrator of the elections commission to verify the accuracy of the information provided for the purpose of voter registration.

SB295-SSA2,60 Section 60. 343.027 of the statutes is amended to read:

SB295-SSA2,29,4 343.027 Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential, except that the department shall release a signature or a facsimile of a signature to the department of revenue for the purposes of administering state taxes and collecting debt, to the elections commission, in electronic or digital format, for the purposes specified in s. 6.30 (5), to the person to whom the signature relates, to a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, or to the driver licensing agency of another jurisdiction.

SB295-SSA2,61 Section 61 . Nonstatutory provisions.

SB295-SSA2,29,14 (1) No later than the 20th day following the end of each calendar quarter, the elections commission and the department of transportation shall each report to the appropriate standing committees of the legislature in the manner provided in section 13.172 (3) of the statutes concerning its progress in implementing an electronic voter registration system. The commission and the department shall continue to file reports under this subsection until the commission determines that implementation is complete and the performance of the system is satisfactory. The commission and the department shall ensure that the implementation is complete and the performance of the system is satisfactory.

SB295-SSA2,62 Section 62. Initial applicability.

SB295-SSA2,29,18 (1) The treatment of sections 6.22 (5), 6.25 (1) (a) and (b), 6.87 (6) and (6d), 7.51 (5) (b), 7.53 (1) (a) and (3) (a), and 9.01 (1) (a) 1. of the statutes first applies to elections held no earlier than 6 months after the effective date of this subsection.

SB295-SSA2,29,20 (2) The treatment of section 6.34 (3) (a) 12. of the statutes first applies to registration applications filed on the effective date of this subsection.

SB295-SSA2,63 Section 63. Effective date.

SB295-SSA2,29,22 (1) This act takes effect on January 1, 2018.

SB295-SSA2,29,23 (End)