LRB-1606/2
JTK:wlj:lp
1999 - 2000 LEGISLATURE
May 17, 1999 - Introduced by Representatives Kreibich, Petrowski, Suder,
Seratti, Sykora, Owens, Klusman, Stone, Huebsch, Spillner, Ryba, Musser,
Brandemuehl, F. Lasee, Pettis, Kelso, Kestell, Hahn, Skindrud, Wasserman,
Cullen, Boyle, Montgomery, Huber
and Lassa, cosponsored by Senators
Plache, Huelsman, Roessler, Darling and Clausing. Referred to Committee
on Campaigns and Elections.
AB343,1,7 1An Act to amend 6.28 (1), 6.33 (1), 6.35 (1) (intro.), 6.40 (2) (b), 6.45, 6.46, 6.55
2(2) (a), 6.79 (1) to (3), 6.79 (5), 6.87 (2), 6.88 (3) (a), 7.08 (1) (c), 7.39 (5), 7.51 (1),
39.01 (1) (b) 11., 12.60 (1) (a), 12.60 (1) (a), 12.60 (1) (b) and 60.11 (7); and to
4create
6.35 (1m), 6.36 (4), 6.47, 6.55 (2) (cm), 6.79 (6), 6.87 (6m), 9.01 (1) (b) 12.,
512.13 (2) (b) 8. and 12.13 (3) (zm) and (zn) of the statutes; relating to:
6authorization for electors who are victims of domestic abuse to be listed
7confidentially on poll and registration lists and providing penalties.
Analysis by the Legislative Reference Bureau
Currently, the names and addresses of all electors who vote, and in
municipalities where registration is required, the names of electors who register to
vote, are publicly accessible. Electors must orally disclose their names and addresses
at polling places, which are recorded on poll and registration lists. Polling place
observers may inspect the lists of names and addresses of registered and actual
voters.
This bill permits certain electors to vote or register to vote confidentially. To be
eligible for a confidential listing, an elector must have been granted a protective
order by a court that is currently in effect restraining another person from having
or causing contact with the elector for reasons relating to domestic abuse; the elector
must reside in an organized shelter for persons whose personal security is or may be

threatened by other persons with whom the residents have had contact; or the elector
must present the affidavit of a sheriff or chief of a police department verifying that
a person has been charged with or convicted of an offense relating to domestic abuse
in which the elector was a victim and reasonably continues to be threatened by that
person. Under the bill, an "offense relating to domestic abuse" includes sexual
assault, battery, stalking, harassment or sexual exploitation. A confidential listing
expires when a protective order expires, when an individual ceases to be a resident
of a shelter, when the sheriff or chief of a police department who signed an affidavit
notifies a municipal clerk that a judgment in a domestic abuse case has been vacated
or that a domestic abuse charge has been dropped, or upon expiration of the two-year
period following creation of the listing, whichever first occurs. A listing may be
renewed in the same manner as provided for creation of an original listing.
Under the bill, a municipal clerk must still provide access to a confidential
name and address to a law enforcement officer for official purposes; to a state or local
governmental officer pursuant to a specific law that necessitates obtaining the name
or address; pursuant to a court order citing a reason that access to a name or address
should be provided; to a clerk of circuit court for purposes of jury selection; or at the
request of the protected elector for the purpose of permitting the elector to qualify
as a signer on certain petitions.
The bill directs municipal clerks to issue to each elector who is entitled to a
confidential listing an identification card containing a unique number issued by the
elections board, which may be presented to election inspectors (poll workers) in lieu
of providing a name and address. Alternatively, the bill permits an elector where
registration is required to give his or her name and identification card number in lieu
of an address.
Currently, voters may register at polling places, high schools and various other
locations. Under this bill, an elector who wishes to obtain a confidential listing must
register at the office of the clerk of the municipality where the elector resides.
The bill provides that polling place observers may not view the name or address
of any elector who is entitled to be listed on a poll or registration list confidentially.
However, the inspectors must disclose to any observer, upon request, the existence
of any confidential list of electors, the number of electors whose names appear on the
list and the number of electors who have voted at any point in the proceedings.
The bill prohibits election officials and other persons who are provided
confidential information relating to the names and addresses of electors from
disclosing that information to other persons who are not authorized to obtain that
information. The bill also prohibits an individual from providing false information
to a municipal clerk for the purpose of obtaining a confidential listing on a poll or
registration list. Violators are guilty of a misdemeanor and are subject to a fine of
not more than $1,000 or imprisonment for not more than six months, or both, for each
offense.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB343, s. 1 1Section 1. 6.28 (1) of the statutes is amended to read:
AB343,3,182 6.28 (1) Registration locations; deadline. Registration in person for any
3election shall close at 5 p.m. on the 2nd Wednesday preceding the election.
4Registrations made by mail under s. 6.30 (4) must be delivered to the office of the
5municipal clerk or postmarked no later than the 2nd Wednesday preceding the
6election. All applications for registration corrections and additions may be made
7throughout the year at the office of the city board of election commissioners, at the
8office of the municipal clerk, at the office of any register of deeds or at other locations
9provided by the board of election commissioners or the common council in cities over
10500,000 population or by either or both the municipal clerk, or the common council,
11village or town board in all other municipalities and may also be made during the
12school year at any high school by qualified persons under sub. (2) (a). Other
13registration locations may include but are not limited to fire houses, police stations,
14public libraries, institutions of higher education, supermarkets, community centers,
15plants and factories, banks, savings and loan associations and savings banks.
16Special registration deputies shall be appointed for all locations. An elector who
17wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of
18the municipal clerk of the municipality where the elector resides.
AB343, s. 2 19Section 2. 6.33 (1) of the statutes is amended to read:
AB343,4,920 6.33 (1) The municipal clerk shall supply sufficient registration forms as
21prescribed by the board printed on loose-leaf sheets or cards to obtain from each

1applicant information as to name, date, residence location, citizenship, age, whether
2the applicant has resided within the ward or election district for at least 10 days,
3whether the applicant has lost his or her right to vote, and whether the applicant is
4currently registered to vote at any other location, and shall provide a space for the
5applicant's signature. The forms shall also include a space for the identification
6serial number of any elector who is issued such a number under s. 6.47 (3).
Each
7register of deeds shall obtain sufficient registration forms at the expense of the unit
8of government by which he or she is employed for completion by any elector who
9desires to register to vote.
AB343, s. 3 10Section 3. 6.35 (1) (intro.) of the statutes is amended to read:
AB343,4,1311 6.35 (1) (intro.) Under the direction of the municipal clerk or board of election
12commissioners, the original registration forms shall be filed in one of the following
13ways, except as provided in sub. (1m):
AB343, s. 4 14Section 4. 6.35 (1m) of the statutes is created to read:
AB343,4,1715 6.35 (1m) Original registration forms of electors who have obtained a
16confidential listing under s. 6.47 (2) shall be filed in alphabetical order after the
17forms of the other electors.
AB343, s. 5 18Section 5. 6.36 (4) of the statutes is created to read:
AB343,4,2119 6.36 (4) The names and addresses of electors who have obtained a confidential
20listing under s. 6.47 (2) shall appear separately after the remainder of the list. These
21names and addresses shall be arranged alphabetically by last name.
AB343, s. 6 22Section 6. 6.40 (2) (b) of the statutes is amended to read:
AB343,5,1023 6.40 (2) (b) In addition to the revision which is required under s. 6.50,
24municipal clerks may conduct door-to-door and mail registration canvasses at any
25time. The door-to-door canvass shall consist of both the deletion from the

1registration list of the names of electors who no longer reside at the address for which
2they are registered and the addition to the registration list of the names of electors
3who reside at that address. The mail canvass shall consist of the municipal clerk
4examining the registration records and canceling the registration of electors after
5the mailing of notices in accordance with s. 6.50 (1) and (2) or (2m). The mail canvass
6may also consist of adding to the registration list the names of eligible electors. Both
7door-to-door and mail canvasses whenever made shall be made throughout the
8municipality in a uniform manner. An elector who wishes to obtain a confidential
9listing under s. 6.47 (2) shall register at the office of the municipal clerk of the
10municipality where the elector resides.
AB343, s. 7 11Section 7. 6.45 of the statutes is amended to read:
AB343,5,13 126.45 Access to registration list. (1) After the deadline for revision of the
13registration list, the municipal clerk shall make copies of the list for election use.
AB343,5,20 14(1m) The registration list and any supplemental lists which are prepared at
15polling places or other registration locations under s. 6.55, shall be open to public
16inspection. Under the regulations prescribed by the municipal clerk, any person may
17copy the registration list at the office of the clerk. A registration list maintained at
18a polling place may be examined by an observer when such use does not interfere
19with the conduct of the election. This subsection does not apply to information that
20is confidential under s. 6.47.
AB343,6,2 21(2) The municipal clerk shall furnish upon request to each candidate who has
22filed nomination papers for an office which represents at least part of the residents
23of the municipality one copy of the current registration list for those areas for which
24he or she is a candidate for a fee not to exceed the cost of reproduction. The clerk shall

1exclude information that is confidential under s. 6.47 (2) from copies of the list, except
2as authorized under s. 6.47 (8).
AB343, s. 8 3Section 8. 6.46 of the statutes is amended to read:
AB343,6,5 46.46 Poll lists; copying. (1) Poll lists shall be preserved by the municipal
5clerk until destruction or other disposition is authorized under s. 7.23, and.
AB343,6,13 6(2) Poll lists shall be open to public inspection, except as provided in s. 6.47.
7The municipal clerk shall furnish upon request to each candidate who has filed
8nomination papers for an office which represents at least part of the municipality one
9copy of the current poll list for those areas for which he or she is a candidate for a fee
10not to exceed the cost of reproduction. If a copying machine is not accessible, the clerk
11shall remove the lists from the office for the purposes of copying, and return them
12immediately thereafter. The clerk shall exclude information that is confidential
13under s. 6.47 (2) from copies of the list, except as authorized under s. 6.47 (8).
AB343, s. 9 14Section 9. 6.47 of the statutes is created to read:
AB343,6,16 156.47 Confidentiality of information relating to victims of domestic
16abuse. (1)
In this section:
AB343,6,1717 (a) "Eligible individual" means:
AB343,6,1818 1. An individual who has been granted a protective order that is in effect.
AB343,6,2419 2. An individual who files an affidavit with the municipal clerk of the
20municipality where the individual resides, on a form prescribed by the board, which
21is signed by a sheriff or the chief of a police department and directed to the municipal
22clerk, and which verifies that a person has been charged with or convicted of an
23offense relating to domestic abuse in which the individual was a victim and
24reasonably continues to be threatened by that person.
AB343,6,2525 3. An individual who resides in a shelter.
AB343,7,3
1(b) "Offense relating to domestic abuse" means an offense specified in s. 940.19,
2940.20 (1m), 940.201, 940.22, 940.225, 940.32, 947.013, 948.02, 948.025, 948.06,
3948.09 or 948.095.
AB343,7,54 (c) "Protected individual" means an individual whose name and address is
5confidential under sub. (2).
AB343,7,76 (d) "Protective order" means a temporary restraining order or an injunction
7issued under s. 813.12.
AB343,7,118 (e) "Shelter" means a place where at least 4 unrelated individuals reside that
9provides residential shelter to individuals whose personal security is or may be
10threatened by family members or other persons with whom the individuals have had
11contact.
AB343,7,24 12(2) Except as authorized in sub. (8), the municipal clerk shall withhold from
13public inspection under s. 19.35 (1) the name and address of any eligible individual
14whose name appears on a poll list or registration list if the individual files a valid
15written request with the clerk to protect the individual's confidentiality. To be valid,
16a request under this subsection must be accompanied by a copy of a protective order
17that is in effect, an affidavit under sub. (1) (a) 2. that is dated within 30 days of the
18date of the request or a statement signed by the operator or an authorized agent of
19the operator of a shelter that is dated within 30 days of the date of the request and
20that indicates that the operator operates the shelter and that the individual making
21the request resides in the shelter. A physically disabled individual who appears
22personally at the office of the municipal clerk accompanied by another elector of this
23state may designate that elector to make a request under this subsection on his or
24her behalf.
AB343,8,5
1(3) Upon listing of an elector under sub. (2), the municipal clerk shall issue to
2the elector a voting identification card on a form prescribed by the board that shall
3contain the elector's name and address and a unique identification serial number
4issued by the board. The number issued to an elector under this subsection shall not
5be changed for so long as the elector continues to qualify for a listing under sub. (2).
AB343,8,9 6(4) Except as provided in sub. (5), a confidential listing under sub. (2) expires
7on the date that a protective order expires, the date that the protected individual
8ceases to reside in a shelter or at the end of the 24-month period that follows creation
9or renewal of the listing under sub. (2), whichever is earlier.
AB343,8,10 10(5) (a) The municipal clerk shall cancel a confidential listing under sub. (2) if:
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