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2001 - 2002 LEGISLATURE
January 9, 2002 - Introduced by Representatives Grothman, Jeskewitz, Krawczyk,
Nass, Starzyk, Suder
and Townsend, cosponsored by Senator Darling.
Referred to Committee on Campaigns and Elections.
AB710,1,9 1An Act to repeal 5.40 (6), 6.15 (3) (a) (title), 6.15 (3) (b), 6.26 (2) (d), 6.275 (1) (c),
26.29, 6.32 (3), 6.54, 6.55 (2) (a) 2., 6.55 (2) (cm) and 6.55 (6); to renumber and
3amend
6.15 (3) (a), 6.55 (2) (a) 1. and 6.55 (2) (d); and to amend 5.40 (1), 6.02
4(1), 6.02 (2), 6.10 (3), 6.10 (4), 6.15 (1), 6.15 (2) (a), 6.18, 6.275 (1) (b), 6.275 (1)
5(d), 6.28 (1), 6.33 (1), 6.33 (2) (b), 6.40 (1) (a), 6.40 (1) (b), 6.40 (1) (c), 6.45 (1),
66.45 (1m), 6.55 (title), 6.55 (2) (c) 1., 6.55 (3), 6.56 (1), 6.56 (3), 6.79 (2), 6.79 (4),
76.85, 6.87 (2), 6.94, 7.03 (1) (d) and 7.30 (2) (a) of the statutes; relating to: the
8deadline for voter registration and the determination of residency for voting
9purposes.
Analysis by the Legislative Reference Bureau
Under current law, every municipality with a population of greater than 5,000
is required to maintain a voter registration list. With certain exceptions, the
deadline for voter registration is 5 p.m. on the second Wednesday preceding the
election. Registrations made by mail must be delivered to the office of the municipal
clerk or board of election commissioners or postmarked not later than this deadline.
However, under current law, voters may also register in person at the office of the
municipal clerk or board of election commissioners until 5 p.m. on the day before the

election or, in most cases, may register at the proper polling place or other designated
location on election day. In addition, voters may register at any time after the
deadline if the municipal clerk determines that the registration list can be revised
to incorporate the registration in time for the election.
Under this bill, the deadline for registration is 5 p.m. on the 28th day preceding
the election, with no exceptions. Under the bill, in-person registrations must be
completed by this deadline, and registrations made by mail must be delivered or
postmarked not later than this deadline. However, the bill permits an elector who
changes his or her name or who moves to a new residence within the same ward or
election district to update his or her registration at the proper polling place or other
designated location on election day.
Under current law, with certain limited exceptions, an individual must be a
resident of this state for ten days before an election to be eligible to vote in the
election. This bill increases this durational residency requirement to 28 days.
If enacted, this bill would activate certain requirements under the National
Voter Registration Act (commonly referred to as the motor voter law), from which this
state is currently exempt. Primarily, these requirements include simultaneous voter
registration with motor vehicle driver's license applications and renewals, voter
registration at any office that provides public assistance, voter registration at any
office that primarily provides state-funded services to persons with disabilities, and
voter registration at armed forces recruiting offices.
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:
AB710, s. 1 1Section 1. 5.40 (1) of the statutes is amended to read:
AB710,2,82 5.40 (1) Except as permitted in sub. (3) or as required in subs. (4) to (6) (5m),
3the governing body or board of election commissioners of every municipality with a
4population of 10,000 or more before July 1, 1995, or of 7,500 or more thereafter shall
5require the use of voting machines or electronic voting systems in every ward in the
6municipality at every election. Any other governing body or board of election
7commissioners may adopt and purchase voting machines or electronic voting
8systems for use in any ward in the municipality at any election.
AB710, s. 2 9Section 2. 5.40 (6) of the statutes is repealed.
AB710, s. 3 10Section 3. 6.02 (1) of the statutes is amended to read:
AB710,3,3
16.02 (1) Every U.S. citizen age 18 or older who has resided in an election district
2or ward for 10 28 days before any election where the citizen offers to vote is an eligible
3elector.
AB710, s. 4 4Section 4. 6.02 (2) of the statutes is amended to read:
AB710,3,95 6.02 (2) Any U.S. citizen age 18 or older who moves within this state later than
610 28 days before an election shall vote at his or her previous ward or election district
7if the person is otherwise qualified. If the elector can comply with the 10-day 28-day
8residence requirement at the new address and is otherwise qualified, he or she may
9vote in the new ward or election district.
AB710, s. 5 10Section 5. 6.10 (3) of the statutes is amended to read:
AB710,3,1811 6.10 (3) When an elector moves from one ward to another within a municipality
12or from one municipality to another within the state after the last registration day
13but at least 10 days before the election, the elector may vote in and be considered a
14resident of the new ward or municipality where residing upon transferring
15registration under s. 6.40 (1) or upon registering at the proper polling place or other
16registration location
in the new ward or municipality under s. 6.55 (2). If the elector
17moves
within 10 28 days of an election, the elector shall vote in the elector's old ward
18or municipality if otherwise qualified to vote there.
AB710, s. 6 19Section 6. 6.10 (4) of the statutes is amended to read:
AB710,4,520 6.10 (4) The residence of an unmarried person sleeping in one ward and
21boarding in another is the place where the person sleeps. The residence of an
22unmarried person in a transient vocation, a teacher or a student who boards at
23different places for part of the week, month, or year, if one of the places is the
24residence of the person's parents, is the place of the parents' residence unless through
25registration or similar act the person elects to establish a residence elsewhere. If the

1person has no parents and if the person has not registered elsewhere, the person's
2residence shall be at the place which that the person considered his or her residence
3in preference to any other for at least 10 28 days before an election. If this place is
4within the municipality, the person is entitled to all the privileges and subject to all
5the duties of other citizens having their residence there, including voting.
AB710, s. 7 6Section 7. 6.15 (1) of the statutes is amended to read:
AB710,4,127 6.15 (1) Qualifications. Any person who was or who is a qualified elector under
8ss. 6.02 and 6.03, except that he or she has been a resident of this state for less than
910 28 days prior to the date of the presidential election, is entitled to vote for the
10president and vice president but for no other offices. The fact that the person was
11not registered to vote in the state from which he or she moved does not prevent voting
12in this state if the elector is otherwise qualified.
AB710, s. 8 13Section 8. 6.15 (2) (a) of the statutes is amended to read:
AB710,4,2114 6.15 (2) (a) The elector's request for the application form may be made to the
15proper municipal clerk either in person or in writing any time during the 10-day
1628-day period in which the elector's residence requirement is incomplete, but not
17later than the applicable deadline for making application for an absentee ballot, or
18may be made at the proper polling place in the ward or election district in which the
19elector resides
. The application form shall be returned to the municipal clerk after
20the affidavit has been signed in the presence of the clerk or any officer authorized by
21law to administer oaths. The affidavit shall be in substantially the following form:
AB710,4,2222 STATE OF WISCONSIN
AB710,4,2323 County of ....
AB710,5,924 I, ...., do solemnly swear that I am a citizen of the United States; that prior to
25establishing Wisconsin residence, my legal residence was in the .... (town) (village)

1(city) of ...., state of ...., residing at .... (street address); that on the day of the next
2presidential election, I shall be at least 18 years of age and that I have been a legal
3resident of the state of Wisconsin since ...., .... (year), residing at .... (street address),
4in the [.... ward of the .... aldermanic district of] the (town) (village) (city) of ...., county
5of ....; that I have resided in the state less than 10 28 days, that I am qualified to vote
6for president and vice president at the election to be held November ...., .... (year),
7that I am not voting at any other place in this election and that I hereby make
8application for an official presidential ballot, in accordance with section 6.15 of the
9Wisconsin statutes.
AB710,5,1010 Signed ....
AB710,5,1111 P.O. Address ....
AB710,5,1212 Subscribed and sworn to before me this .... day of ...., .... (year)
AB710,5,1313 ....(Name)
AB710,5,1414 ....(Title)
AB710, s. 9 15Section 9. 6.15 (3) (a) (title) of the statutes is repealed.
AB710, s. 10 16Section 10. 6.15 (3) (a) of the statutes is renumbered 6.15 (3) and 6.15 (3) (a),
17as renumbered, is amended to read:
AB710,6,218 6.15 (3) (a) Upon proper completion of the application and cancellation card,
19the municipal clerk shall inform the elector that he or she may vote for the
20presidential electors not sooner than 9 27 days nor later than 5 p.m. on the day before
21the election at the office of the municipal clerk, or at a specified polling place on
22election day
. When voting at the municipal clerk's office, the applicant shall provide
23identification and shall mark or punch the ballot in the clerk's presence in a manner
24that will not disclose his or her vote. Unless the ballot is utilized with an electronic
25voting system, the applicant shall fold the ballot so as to conceal his or her vote. The

1applicant shall then deposit the ballot and seal it in an envelope furnished by the
2clerk.
AB710, s. 11 3Section 11. 6.15 (3) (b) of the statutes is repealed.
AB710, s. 12 4Section 12. 6.18 of the statutes is amended to read:
AB710,6,13 56.18 Former residents. If ineligible to qualify as an elector in the state to
6which the elector has moved, any former qualified Wisconsin elector may vote an
7absentee ballot in the ward of the elector's prior residence in any presidential election
8occurring within 24 months after leaving Wisconsin by requesting an application
9form and returning it, properly executed, to the municipal clerk of the elector's prior
10Wisconsin residence. When requesting an application form for an absentee ballot,
11the applicant shall specify the applicant's eligibility for only the presidential ballot.
12The application form shall require the following information and be in substantially
13the following form:
AB710,6,1714 This blank shall be returned to the municipal clerk's office. Application must
15be received in sufficient time for ballots to be mailed and returned prior to any
16presidential election at which applicant wishes to vote. Complete all statements in
17full.
AB710,6,1818 APPLICATION FOR PRESIDENTIAL
AB710,6,1919 ELECTOR'S ABSENT BALLOT.
AB710,6,2020 (To be voted at the Presidential Election
AB710,6,2121 on November ...., .... (year)
AB710,7,522 I, .... hereby swear or affirm that I am a citizen of the United States, formerly
23residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County
24of .... for 10 28 days prior to leaving the State of Wisconsin. I, .... do solemnly swear
25or affirm that I do not qualify to register or vote under the laws of the State of ....(State

1you now reside in) where I am presently residing. A citizen must be a resident of:
2State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time),
3in order to be eligible to register or vote therein. I further swear or affirm that my
4legal residence was established in the State of ....(the State where you now reside)
5on .... Month .... Day .... Year.
AB710,7,66 Signed ....
AB710,7,77 Address ....(Present address)
AB710,7,88 ....(City) ....(State)
AB710,7,99 Subscribed and sworn to before me this .... day of .... .... (year)
AB710,7,1010 ....(Notary Public, or other officer authorized to administer oaths.)
AB710,7,1111 ....(County)
AB710,7,1212 My Commission expires
AB710,7,1313 MAIL BALLOT TO:
AB710,7,1414 NAME ....
AB710,7,1515 ADDRESS ....
AB710,7,1616 CITY .... STATE .... ZIP CODE ....
AB710,7,20 17Penalties for Violations. Whoever swears falsely to any absent elector affidavit
18under this section may be fined not more than $1,000 or imprisoned not more than
196 months, or both. Whoever intentionally votes more than once in an election may
20be fined not more than $10,000 or imprisoned not more than 3 years, or both.
AB710,7,2121 ....(Municipal Clerk)
AB710,7,2222 ....(Municipality)
AB710, s. 13 23Section 13. 6.26 (2) (d) of the statutes is repealed.
AB710, s. 14 24Section 14. 6.275 (1) (b) of the statutes is amended to read:
AB710,8,4
16.275 (1) (b) Where registration applies, the total number of electors of the
2municipality residing in that county who were preregistered registered on the
3deadline specified in s. 6.28 (1), including valid mail registrations which are
4postmarked by that day.
AB710, s. 15 5Section 15. 6.275 (1) (c) of the statutes is repealed.
AB710, s. 16 6Section 16. 6.275 (1) (d) of the statutes is amended to read:
AB710,8,97 6.275 (1) (d) Where registration applies, the total number of electors of the
8municipality residing in that county who registered transferred registration on the
9day of the primary or election under s. 6.55 (2).
AB710, s. 17 10Section 17. 6.28 (1) of the statutes is amended to read:
AB710,9,711 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.29 and
12s. 6.55 (2), registration in person for any election shall close at 5 p.m. on the 2nd
13Wednesday
28th day preceding the election. Registrations made by mail under s.
146.30 (4)
must be delivered to the office of the municipal clerk or postmarked no later
15than the 2nd Wednesday 28th day preceding the election. An Except as authorized
16in s. 6.55 (2), no
application for registration in person or by mail may be accepted for
17placement on the registration list after the specified deadline, if the municipal clerk
18determines that the registration list can be revised to incorporate the registration
19in time for the election
. All applications for registration corrections and additions
20may be made throughout the year at the office of the city board of election
21commissioners, at the office of the municipal clerk, at the office of any register of
22deeds, or at other locations provided by the board of election commissioners or the
23common council in cities over 500,000 population or by either or both the municipal
24clerk, or the common council, village or town board in all other municipalities and
25may also be made during the school year at any high school by qualified persons

1under sub. (2) (a). Other registration locations may include but are not limited to fire
2houses, police stations, public libraries, institutions of higher education,
3supermarkets, community centers, plants and factories, banks, savings and loan
4associations, and savings banks. Special registration deputies shall be appointed for
5all locations. An elector who wishes to obtain a confidential listing under s. 6.47 (2)
6shall register at the office of the municipal clerk of the municipality where the elector
7resides.
AB710, s. 18 8Section 18. 6.29 of the statutes is repealed.
AB710, s. 19 9Section 19. 6.32 (3) of the statutes is repealed.
AB710, s. 20 10Section 20. 6.33 (1) of the statutes is amended to read:
AB710,9,2111 6.33 (1) The municipal clerk shall supply sufficient registration forms as
12prescribed by the board printed on loose-leaf sheets or cards to obtain from each
13applicant information as to name, date, residence location, citizenship, age, whether
14the applicant has resided within the ward or election district for at least 10 28 days,
15whether the applicant has lost his or her right to vote, and whether the applicant is
16currently registered to vote at any other location, and shall provide a space for the
17applicant's signature. The forms shall also include a space for the identification
18serial number of any elector who is issued such a number under s. 6.47 (3). Each
19register of deeds shall obtain sufficient registration forms at the expense of the unit
20of government by which he or she is employed for completion by any elector who
21desires to register to vote.
AB710, s. 21 22Section 21. 6.33 (2) (b) of the statutes is amended to read:
AB710,9,2423 6.33 (2) (b) The registration form shall be signed by the registering elector and
24any corroborating elector under s. 6.29 (2) (a) or 6.55 (2) before the clerk, issuing

1officer, or registration deputy. The form shall contain a certification by the
2registering elector that all statements are true and correct.
AB710, s. 22 3Section 22. 6.40 (1) (a) of the statutes is amended to read:
AB710,10,154 6.40 (1) (a) Within municipality Change of residence. Any registered elector
5shall transfer registration after a change of residence within the municipality in
6which he or she is registered
by appearing in person or by mailing to the municipal
7clerk of the municipality where the elector currently resides a signed request stating
8his or her present address, affirming that this will be the elector's residence for 10
928 days prior to the election, and providing the address where he or she was last
10registered. Alternatively, the elector may transfer his or her registration at the
11proper polling place or other registration location under s. 6.02 (2) in accordance with
12s. 6.55 (2) (a). If an elector is voting at a former ward or election district changes his
13or her residence from one municipality to another or from one ward to another within
14the same municipality, within 28 days of an election
, the change shall be effective for
15the next election.
AB710, s. 23 16Section 23. 6.40 (1) (b) of the statutes is amended to read:
AB710,10,2417 6.40 (1) (b) Within state Cancellation of previous registration. Any elector who
18changes residence within this state from one municipality to another shall give his
19or her previous residence upon application for registration at the new residence and
20shall sign an authorization to cancel voting privileges at the former residence on a
21form prescribed by the board and furnished by each municipality. The cancellation
22authorization shall be forwarded to the proper election officials no later than 3 days
23after the close of registration. Such elector may also transfer his or her registration
24at the proper polling place or other registration location as provided in s. 6.55 (2) (a).
AB710, s. 24 25Section 24. 6.40 (1) (c) of the statutes is amended to read:
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