Amendment SSA2-SB295

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).

SB295-SSA2,23 Section 23. 6.33 (2) (a) of the statutes is amended to read:

SB295-SSA2,12,6 6.33 (2) (a) All information may be recorded by any person, except that the clerk shall record the ward and aldermanic district, if any, other geographic information under sub. (1), the indication of whether the registration is received by mail, and the type of identifying document submitted by the elector as proof of residence under s. 6.34, and any information relating to an applicant's voting identification card shall be recorded by the clerk. Each applicant. Except as provided in s. 6.30 (5), each elector shall sign his or her own name unless the applicant elector is unable to sign his or her name due to physical disability. In such case, the applicant elector may authorize another elector to sign the form on his or her behalf. If the applicant elector 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-SSA2,24 Section 24. 6.33 (5) (a) of the statutes, as affected by 2015 Wisconsin Act 118, is renumbered 6.33 (5) (a) 1. and amended to read:

SB295-SSA2,12,14 6.33 (5) (a) 1. Except as provided in par. (b) and this paragraph, whenever a municipal clerk receives a valid registration or valid change of a name or address under an existing registration and whenever a municipal clerk or changes a registration from eligible to ineligible status, the municipal clerk or the clerk's designee shall promptly enter electronically on the list maintained by the commission under s. 6.36 (1) the information required under that subsection.

SB295-SSA2,12,21 3. Except as provided in par. (b) and this paragraph, the municipal clerk may or the clerk's designee shall update any entries that change on the date of an election other than a general election within 30 days after the date of that election, and may shall update any entries that change on the date of a general election within 45 days after the date of that election. The commission administrator may, upon request of a municipal clerk, permit the clerk to update entries that change on the date of a general election within 60 days after that election.

SB295-SSA2,12,23 4. The municipal clerk shall provide to the commission information that is confidential under s. 6.47 (2) in such manner as the commission prescribes.

SB295-SSA2,25 Section 25. 6.33 (5) (a) 2. of the statutes is created to read:

SB295-SSA2,13,10 6.33 (5) (a) 2. Except as provided in par. (b) and this paragraph, whenever a municipal clerk mails an absentee ballot to an elector or receives an in-person absentee ballot application or an absentee ballot the municipal clerk shall, no later than 48 hours after mailing an absentee ballot or receiving an in-person absentee ballot application or an absentee ballot, enter electronically on the list maintained by the commission under s. 6.36 (1) the information required under that subsection or submit the information to the clerk's designee who shall, no later than 24 hours after receiving the information from the clerk, enter electronically on the list maintained by the commission under s. 6.36 (1) the information required under that subsection.

SB295-SSA2,26 Section 26. 6.34 (2) of the statutes is amended to read:

SB295-SSA2,13,17 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-SSA2,27 Section 27. 6.34 (2m) of the statutes is created to read:

SB295-SSA2,13,25 6.34 (2m) An elector who registers by electronic application under s. 6.30 (5) is not required to provide proof of residence under sub. (2) if, at the time of registration, the elector provides the number of a current and valid operator's license issued under ch. 343, or the number of a current and valid identification card issued under s. 343.50, together with the elector's name and date of birth and the commission is able to verify the information specified under sub. (3) (b) using the system maintained under sub. (4).

SB295-SSA2,28 Section 28. 6.34 (3) (a) 12. of the statutes is created to read:

SB295-SSA2,14,6 6.34 (3) (a) 12. For an occupant of a residential care facility, as defined in s. 6.875 (1) (bm), for the purpose of registering at the facility, a contract or intake document prepared by the residential care facility that specifies that the occupant currently resides in the facility. The contract or intake document may also identify the room or unit in which the occupant resides.

SB295-SSA2,29 Section 29. 6.34 (4) of the statutes is created to read:

SB295-SSA2,14,16 6.34 (4) The commission shall maintain a system that electronically verifies, on an instant basis, information specified under sub. (3) (b) from the information submitted in lieu of proof of residence under sub. (2m), using the information maintained by the department of transportation pursuant to the commission's agreement with the secretary of transportation under s. 85.61 (1). If a prospective elector enters information specified under sub. (3) (b) 2. into the system that does not match such information maintained by the department of transportation, the system shall redirect the elector to the department of transportation's Internet site so that the elector may update his or her information with the department of transportation.

SB295-SSA2,30 Section 30. 6.35 (1) (intro.) of the statutes is amended to read:

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: