AB710: Bill Text

AB710,7,14 NAME ....

AB710,7,15 ADDRESS ....

AB710,7,16 CITY .... STATE .... ZIP CODE ....

AB710,7,20 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned not more than 6 months, or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned not more than 3 years, or both.

AB710,7,21 ....(Municipal Clerk)

AB710,7,22 ....(Municipality)

AB710, s. 13 Section 13. 6.26 (2) (d) of the statutes is repealed.

AB710, s. 14 Section 14. 6.275 (1) (b) of the statutes is amended to read:

AB710,8,4 6.275 (1) (b) Where registration applies, the total number of electors of the municipality residing in that county who were preregistered registered on the deadline specified in s. 6.28 (1), including valid mail registrations which are postmarked by that day.

AB710, s. 15 Section 15. 6.275 (1) (c) of the statutes is repealed.

AB710, s. 16 Section 16. 6.275 (1) (d) of the statutes is amended to read:

AB710,8,9 6.275 (1) (d) Where registration applies, the total number of electors of the municipality residing in that county who registered transferred registration on the day of the primary or election under s. 6.55 (2).

AB710, s. 17 Section 17. 6.28 (1) of the statutes is amended to read:

AB710,9,7 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.29 and s. 6.55 (2), registration in person for any election shall close at 5 p.m. on the 2nd Wednesday 28th day 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 2nd Wednesday 28th day preceding the election. An Except as authorized in s. 6.55 (2), no application for registration in person or by mail may be accepted for placement on the registration list after the specified deadline, if the municipal clerk determines that the registration list can be revised to incorporate the registration in time for 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 any register of deeds, 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 and may also be made during the school year at any high school by qualified persons under sub. (2) (a). 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 all locations. 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.

AB710, s. 18 Section 18. 6.29 of the statutes is repealed.

AB710, s. 19 Section 19. 6.32 (3) of the statutes is repealed.

AB710, s. 20 Section 20. 6.33 (1) of the statutes is amended to read:

AB710,9,21 6.33 (1) The municipal clerk shall supply sufficient registration forms as prescribed by the board printed on loose-leaf sheets or cards to obtain from each applicant information as to name, date, residence location, citizenship, age, whether the applicant has resided within the ward or election district for at least 10 28 days, whether the applicant has lost his or her right to vote, and whether the applicant is currently registered to vote at any other location, and shall provide a space for the applicant's signature. The forms shall also include a space for the identification serial number of any elector who is issued such a number under s. 6.47 (3). Each register of deeds shall obtain sufficient registration forms at the expense of the unit of government by which he or she is employed for completion by any elector who desires to register to vote.

AB710, s. 21 Section 21. 6.33 (2) (b) of the statutes is amended to read:

AB710,9,24 6.33 (2) (b) The registration form shall be signed by the registering elector and any corroborating elector under s. 6.29 (2) (a) or 6.55 (2) before the clerk, issuing officer, or registration deputy. The form shall contain a certification by the registering elector that all statements are true and correct.

AB710, s. 22 Section 22. 6.40 (1) (a) of the statutes is amended to read:

AB710,10,15 6.40 (1) (a) Within municipality Change of residence. Any registered elector shall transfer registration after a change of residence within the municipality in which he or she is registered by appearing in person or by mailing to the municipal clerk of the municipality where the elector currently resides a signed request stating his or her present address, affirming that this will be the elector's residence for 10 28 days prior to the election, and providing the address where he or she was last registered. Alternatively, the elector may transfer his or her registration at the proper polling place or other registration location under s. 6.02 (2) in accordance with s. 6.55 (2) (a). If an elector is voting at a former ward or election district changes his or her residence from one municipality to another or from one ward to another within the same municipality, within 28 days of an election, the change shall be effective for the next election.

AB710, s. 23 Section 23. 6.40 (1) (b) of the statutes is amended to read:

AB710,10,24 6.40 (1) (b) Within state Cancellation of previous registration. Any elector who changes residence within this state from one municipality to another shall give his or her previous residence upon application for registration at the new residence and shall sign an authorization to cancel voting privileges at the former residence on a form prescribed by the board and furnished by each municipality. The cancellation authorization shall be forwarded to the proper election officials no later than 3 days after the close of registration. Such elector may also transfer his or her registration at the proper polling place or other registration location as provided in s. 6.55 (2) (a).

AB710, s. 24 Section 24. 6.40 (1) (c) of the statutes is amended to read:

AB710,11,6 6.40 (1) (c) Name change. Whenever an elector's name is legally changed, including a change by marriage or divorce, the elector shall transfer his or her registration to his or her legal name by appearing in person or mailing to the municipal clerk a signed request for a transfer of registration to such name. Alternatively, a registered elector may make notification of a name change at his or her polling place under s. 6.55 (2) (d) (1).

AB710, s. 25 Section 25. 6.45 (1) of the statutes is amended to read:

AB710,11,15 6.45 (1) After the deadline for revision of the registration list, the municipal clerk shall make copies of the list for election use. The registration list and any supplemental lists which are prepared at polling places or other registration locations under s. 6.55 or 6.79, shall be open to public inspection. Under the regulations prescribed by the municipal clerk, any person may copy the registration list at the office of the clerk. A registration list maintained at a polling place may be examined by any person who is observing the proceedings under s. 7.41 when such use does not interfere with the conduct of the election.

AB710, s. 26 Section 26. 6.45 (1m) of the statutes is amended to read:

AB710,11,24 6.45 (1m) The registration list and any supplemental lists which are prepared at polling places or other registration locations under s. 6.55 or 6.79, shall be open to public inspection. Under the regulations prescribed by the municipal clerk, any person may copy the registration list at the office of the clerk. A registration list maintained at a polling place may be examined by any person who is observing the proceedings under s. 7.41 when such use does not interfere with the conduct of the election. This subsection does not apply to information that is confidential under s. 6.47.

AB710, s. 27 Section 27. 6.54 of the statutes is repealed.

AB710, s. 28 Section 28. 6.55 (title) of the statutes is amended to read:

AB710,12,3 6.55 (title) Polling place Updating registration at polling place; voting by certification.

AB710, s. 29 Section 29. 6.55 (2) (a) 1. of the statutes is renumbered 6.55 (2) (a) and amended to read:

AB710,12,17 6.55 (2) (a) Except where the procedure under par. (c) or (cm) is employed, any person who qualifies as an elector in the ward or election district where he or she desires to vote, but has not previously filed a registration form, or was registered at another location in a municipality where registration is required, registered elector who has changed his or her residence within the ward or election district in which he or she is registered and who has not notified the municipal clerk of the change of address under s. 6.40 (1) may request permission to vote at the polling place for that ward or election district serving the elector's residence, or at an alternate polling place assigned under s. 5.25 (5) (b). When a proper request is made, the inspector shall require the person elector to execute transfer his or her registration by executing a registration form prescribed by the board that shall contain the following certification:

AB710,12,21 "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 28 days immediately preceding this election, and that I am not disqualified on any ground from voting, and I have not voted, at this election."

AB710, s. 30 Section 30. 6.55 (2) (a) 2. of the statutes is repealed.

AB710, s. 31 Section 31. 6.55 (2) (c) 1. of the statutes is amended to read:

AB710,13,22 6.55 (2) (c) 1. As an alternative to transferring registration at the polling place under pars. (a) and (b), the board of election commissioners, or the governing body of any municipality in which registration is required, may by resolution require a person who qualifies as an elector and who is not registered and desires to register on the day of an election to do so registered elector who has changed his or her residence within the ward or election district in which he or she is registered, who has not notified the municipal clerk of the change of address under s. 6.40 (1), and who desires to vote to transfer his or her registration at another readily accessible location in the same building as the polling place serving the elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b), instead of at the polling place serving the elector's residence. In such case, the municipal clerk shall prominently post a notice of the registration location at the polling place of the location designated for transferring registrations. The municipal clerk, deputy clerk, or special registration deputy at the registration location shall require such person to execute transfer his or her registration by executing a registration form as prescribed under par. (a) and to provide acceptable proof of residence as provided under sub. (7). If the person cannot supply such proof, the registration form shall be corroborated in the manner provided in par. (b). The signing by the elector executing the form and by any corroborating elector shall be in the presence of the municipal clerk, deputy clerk, or special registration deputy. Upon proper completion of registration, the municipal clerk, deputy clerk, or special registration deputy shall serially number the registration and give one copy to the elector for presentation at the polling place serving the elector's residence or an alternate polling place assigned under s. 5.25 (5) (b).

AB710, s. 32 Section 32. 6.55 (2) (cm) of the statutes is repealed.

AB710, s. 33 Section 33. 6.55 (2) (d) of the statutes is renumbered 6.55 (1) and amended to read:

AB710,14,14 6.55 (1) A registered elector who has changed his or her name but resides at the same address, and has not notified 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 which that materials are returned under s. 6.56 (1). If an A registered elector changes both a name and address, the elector who has changed his or her residence within the ward or election district in which he or she is registered and who has not notified the municipal clerk of the change of address under s. 6.40 (1) shall complete transfer registration by completing a registration form at the polling place or other registration location under pars. (a) and (b) sub. (2) before voting. A registered elector who has changed his or her residence within this state from one municipality to another or within a municipality from one ward to another, and who has not notified the municipal clerk of the change of address under s. 6.40 (1), may not be permitted to vote, except at a subsequent election for which the elector is properly registered or as authorized under s. 6.10 (3) or 6.85 (2).

AB710, s. 34 Section 34. 6.55 (3) of the statutes is amended to read:

AB710,15,11 6.55 (3) Any qualified elector in the ward or election district where the elector desires to vote whose name does not appear on the registration list where registration is required but who claims to be registered to vote in the election may request permission to vote at the polling place for that ward or election district. When the request is made, the inspector shall require the person to give his or her name and address. If the elector is not at the polling place which serves the ward or election district where the elector resides, the inspector shall provide the elector with directions to the correct polling place. If the elector is at the correct polling place, the elector shall then execute the following written statement: "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 28 days immediately preceding this election, and that I am not disqualified on any ground from voting, and I have not voted at this election and am properly registered to vote in this election." The person shall be required to provide acceptable proof of residence as provided under sub. (7) and shall then be given the right to vote. If acceptable proof is presented, the elector need not have the information corroborated by any other elector. If acceptable proof is not presented, the statement shall be certified by the elector and shall be corroborated by another elector who resides in the municipality. The corroborator shall then provide acceptable proof of residence as provided in sub. (7). Whenever the question cannot be satisfactorily resolved and the elector permitted to vote, an inspector shall telephone the office of the municipal clerk to reconcile the records at the polling place with those at the office.

AB710, s. 35 Section 35. 6.55 (6) of the statutes is repealed.

AB710, s. 36 Section 36. 6.56 (1) of the statutes is amended to read:

AB710,15,16 6.56 (1) The list containing the names of persons voting under ss. 6.29 and s. 6.55 (2) and (3) shall be returned together with all forms and certificates to the municipal clerk.

AB710, s. 37 Section 37. 6.56 (3) of the statutes is amended to read:

AB710,16,3 6.56 (3) The municipal clerk or board of election commissioners shall make an audit of all electors registering to vote transferring registration at the polling place or other registration location under s. 6.55 (2) upon receipt of the list under sub. (1). The audit shall be made by 1st class postcard. The postcard shall be labeled "Address correction requested" or "Do not forward—return postage guaranteed". Guarantee." If any postcard is returned undelivered, or if the clerk or board of election commissioners is informed of a different address than the one specified by the elector which that was apparently improper on the day of the election, the clerk or board shall remove the elector's name from the registration list, mail the elector a notice of the removal, and provide the name to the district attorney for the county where the polling place is located.

AB710, s. 38 Section 38. 6.79 (2) of the statutes is amended to read:

AB710,16,15 6.79 (2) Municipalities with registration. Except as provided in sub. (6) (b), where there is registration, each person, before receiving a voting number, shall state his or her full name and address. Upon the prepared registration list, after the name of each elector, the officials shall enter the serial number of the vote as it is polled, beginning with number one. Each elector shall receive a slip bearing the same serial number. The officials shall enter upon the prepared registration list, after the name of any elector who updates his or her registration under s. 6.55 (1), the updated name of the elector. A separate list shall be maintained for electors who are voting under s. 6.15, 6.29 or 6.55 (2) or (3) and electors who are reassigned from another polling place under s. 5.25 (5) (b). Each such elector shall have his or her full name, address, and serial number likewise entered and shall be given a slip bearing such number.

AB710, s. 39 Section 39. 6.79 (4) of the statutes is amended to read:

AB710,17,3 6.79 (4) Supplemental information. When any elector provides identification under sub. (1) or s. 6.15, 6.29 or 6.55 (2) or (3), the election officials shall enter the type of identification on the poll or registration list, or supplemental list maintained under sub. (2). If the form of identification includes a number which that applies only to the individual holding that piece of identification, the election officials shall also enter that number on the list. When any elector corroborates the registration identity or residence of any person offering to vote under sub. (1) or s. 6.55 (2) (b) or (c) or (3) the name and address of the corroborator shall also be entered next to the name of the elector whose information is being corroborated on the registration or poll list, or the separate list maintained under sub. (2). When any person offering to vote has been challenged and taken the oath, following the person's name on the registration or poll list, the officials shall enter the word " Sworn". "Sworn."

AB710, s. 40 Section 40. 6.85 of the statutes is amended to read:

AB710,17,7 6.85 Absent elector; definition. (1) An absent elector is any otherwise qualified elector who for any reason is unable or unwilling to appear at the polling place in his or her ward.

AB710,17,11 (2) Any otherwise qualified elector who changes residence within this state by moving to a different ward or municipality later than 10 28 days prior to an election may vote an absentee ballot in the ward or municipality where he or she was qualified to vote before moving.

AB710,17,13 (3) An elector qualifying under this section may vote by absentee ballot under ss. 6.86 to 6.89.

AB710, s. 41 Section 41. 6.87 (2) of the statutes is amended to read:

AB710,17,19 6.87 (2) Except as authorized under sub. (3) (d), the municipal clerk shall place the ballot in an unsealed envelope furnished by the clerk. The envelope shall have the name, official title and post-office address of the clerk upon its face. The other side of the envelope shall have a printed certificate in substantially the following form:

AB710,17,20 [STATE OF ....

AB710,17,21 County of ....]

AB710,17,22 or

AB710,17,23 [(name of foreign country and city or other jurisdictional unit)]

AB710,18,12 I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of the .... aldermanic district in the city of ...., residing at .... in said city, the county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at the election to be held on ....; that I am not voting at any other location in this election; that I am unable or unwilling to appear at the polling place in the (ward) (election district) on election day or have changed my residence within the state from one ward or election district to another within 10 28 days before the election. An elector who provides an identification serial number issued under s. 6.47 (3) need not provide a street address. I certify that I exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her) presence and in the presence of no other person marked the ballot and enclosed and sealed the same in this envelope in such a manner that no one but myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could know how I voted.

AB710,18,13 Signed ....

AB710,18,14 Identification serial number, if any: ....

AB710,18,15 The witness shall execute the following:

AB710,18,20 I, the undersigned witness, subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, certify that the above statements are true and the voting procedure was executed as there stated. I am not a candidate for any office on the enclosed ballot (except in the case of an incumbent municipal clerk). I did not solicit or advise the elector to vote for or against any candidate or measure.

AB710,18,21 ....(Name)

AB710,18,22 ....(Address)

AB710, s. 42 Section 42. 6.94 of the statutes is amended to read:

AB710,19,14 6.94 Challenged elector oath. If the person challenged refuses to answer fully any relevant questions put to him or her by the inspector under s. 6.92, the inspectors shall reject the elector's vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the inspectors shall administer to the person the following oath or affirmation: "You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 28 days have been a resident of this ward except under s. 6.02 (2); you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election". If the person challenged refuses to take the oath or affirmation, the person's vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the inspector under s. 6.92, takes the oath or affirmation, fulfills the registration requirements, where applicable, and the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person's vote shall be received.

AB710, s. 43 Section 43. 7.03 (1) (d) of the statutes is amended to read:

AB710,19,19 7.03 (1) (d) Special registration deputies appointed under s. 6.55 (6), special voting deputies appointed under s. 6.875 (4) and officials and trainees who attend training sessions under s. 7.15 (1) (e) or 7.25 (5) may be compensated at the option of the municipality.

AB710, s. 44 Section 44. 7.30 (2) (a) of the statutes is amended to read:

AB710,20,14 7.30 (2) (a) Only election officials appointed under this section may conduct an election. Except as authorized in s. 7.15 (1) (k), each inspector shall be a qualified elector in the ward for which the polling place is established. Special registration deputies appointed under s. 6.55 (6) and election Election officials serving more than one ward or when necessary to fill a vacancy under par. (b) need not be a resident of that ward, but shall be a resident of the municipality. Special registration deputies may be appointed to serve more than one polling place. All officials shall be able to read and write the English language, be capable, be of good understanding, and may not be a candidate for any office to be voted for at an election at which they serve. In 1st class cities, they may hold no public office other than notary public. Except as authorized under sub. (4) (c), all inspectors shall be affiliated with one of the 2 recognized political parties which that received the largest number of votes for president, or governor in nonpresidential general election years, in the ward or combination of wards served by the polling place at the last election. The party which that received the largest number of votes is entitled to one more inspector than the party receiving the next largest number of votes at each polling place. The same election officials may serve the electors of more than one ward where wards are combined under s. 5.15 (6) (b). If a municipality is not divided into wards, the ward requirements in this paragraph apply to the municipality at large.

AB710, s. 45 Section 45. Initial applicability.

AB710,20,16 (1) This act first applies to the 2002 September primary.

AB710,20,17 (End)