AB782: Bill Text

2005 - 2006 LEGISLATURE

2005 Assembly BILL 782

October 20, 2005 - Introduced by Representatives Jeskewitz, Pridemore, Nischke, J. Fitzgerald, Nass, Albers, Kerkman, Lothian, Kleefisch, F. Lasee, Bies, Ainsworth, McCormick, Suder, Gundrum, Strachota and Gunderson, cosponsored by Senators Reynolds, Grothman, Stepp and Ellis. Referred to Committee on Campaigns and Elections.

AB782,1,12 An Act to repeal 6.26 (2) (d), 6.275 (1) (c), 6.29, 6.32 (3), 6.54, 6.55 (2) (a) 2., 6.55 (2) (cm), 6.55 (3), 6.55 (6), 6.56 (2) and 6.86 (3) (a) 2.; to renumber 6.86 (3) (a) 1.; to renumber and amend 6.55 (2) (a) 1., 6.55 (2) (d) and 6.97 (3); to amend 6.02 (1), 6.02 (2), 6.10 (3), 6.10 (4), 6.15 (1), 6.15 (2) (a), 6.15 (3), 6.18 (form), 6.275 (1) (b), 6.275 (1) (d), 6.28 (1), 6.30 (1), 6.32 (4), 6.33 (1), 6.33 (2) (b), 6.40 (1) (a) 1., 6.40 (1) (c), 6.45 (1), 6.45 (1m), 6.50 (10), 6.55 (title), 6.55 (2) (b), 6.55 (2) (c) 1., 6.56 (1), 6.56 (3), 6.56 (5), 6.79 (2) (b) and (c), 6.79 (4), 6.85, 6.86 (3) (b), 6.86 (3) (c), 6.87 (2) (form), 6.94, 6.97 (1), 6.97 (2), 7.03 (1) (d), 7.08 (1) (c), 7.30 (2) (a) and 12.13 (3) (v); to repeal and recreate 6.15 (2) (title); and to create 6.79 (2) (dm), 6.86 (1) (c) and 6.97 (3) (b) of the statutes; relating to: the deadline and procedure for voter registration and the determination of residency for voting purposes.

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. Effective on January 1, 2006, voter registration will be required in all municipalities. 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 no 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 of the municipality where they reside determines that the registration list can be revised to incorporate their registrations in time for the election. If an elector registers at the office of the municipal clerk or board of election commissioners after the close of registration or at a polling place or other designated location on election day, the elector must present acceptable proof of residence or have another elector of the same ward or, if a municipality is not divided into wards, of the same municipality, sign a statement corroborating the elector's registration. The corroborating elector must then present acceptable proof of residence.

Currently, an elector who appears at a polling place and who claims to be registered to vote in the election but whose name does not appear on the registration list may vote by signing a statement to the effect that he or she is a qualified elector of the ward or, if a municipality is not divided into wards, of the same municipality, served by the polling place and that he or she is registered to vote in the election. The elector must also present acceptable proof of residence or have another elector of the same ward or, if a municipality is not divided into wards, of the same municipality, sign a statement corroborating the elector's statement. The corroborating elector must then present acceptable proof of residence.

This bill provides that the deadline for registration is 5 p.m. on the 14th day preceding the election. Under the bill, in-person registrations must be completed by this deadline, and registrations made by mail must be delivered or postmarked no later than this deadline. The bill discontinues the procedure for registration at polling places and other designated locations on election day and the procedure under which an elector whose name does not appear on the registration list may be permitted to vote. However, the bill permits an elector who changes his or her name or who moves to a new residence within the same ward or, if a municipality is not divided into wards, of the same municipality, 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 14 days.

The bill provides that if an elector claims to have registered to vote in an election at the address where the elector seeks to vote no later than the 14th day before the election but the elector's name does not appear on the registration list at that address, the elector may cast a marked, provisional ballot. If by 4 p.m. on the day after the election, the elector submits proof to the municipal clerk or executive director of the municipal board of election commissioners that the elector was properly registered and the clerk or executive director notifies the appropriate board or boards of canvassers of that fact, the provisional ballot is counted.

If enacted, this bill will 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. In addition, the bill will activate a requirement under the federal Help America Vote Act of 2002 that authorizes voters whose ballots are not accepted at federal elections to cast provisional ballots in those elections. This state is currently exempt from that requirement.

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:

AB782, s. 1 Section 1. 6.02 (1) of the statutes is amended to read:

AB782,3,4 6.02 (1) Every U.S. citizen age 18 or older who has resided in an election district or ward for 10 14 days before any election where the citizen offers to vote is an eligible elector.

AB782, s. 2 Section 2. 6.02 (2) of the statutes is amended to read:

AB782,3,10 6.02 (2) Any U.S. citizen age 18 or older who moves within this state later than 10 14 days before an election shall vote at his or her previous ward or election district if the person is otherwise qualified. If the elector can comply with the 10-day 14-day residence requirement at the new address and is otherwise qualified, he or she may vote in the new ward or election district.

AB782, s. 3 Section 3. 6.10 (3) of the statutes is amended to read:

AB782,4,5 6.10 (3) When an elector moves from one ward to another within a municipality or from one municipality to another within the state after the last registration day but at least 10 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 within 10 14 days of an election, the elector shall vote in the elector's old former ward or municipality if otherwise qualified to vote there.

AB782, s. 4 Section 4. 6.10 (4) of the statutes is amended to read:

AB782,4,17 6.10 (4) The residence of an unmarried person sleeping in one ward and boarding in another is the place where the person sleeps. The residence of an unmarried person in a transient vocation, a teacher or a student who boards at different places for part of the week, month, or year, if one of the places is the residence of the person's parents, is the place of the parents' residence unless through registration or similar act the person elects to establish a residence elsewhere. If the person has no parents and if the person has not registered elsewhere, the person's residence shall be at the place which that the person considered his or her residence in preference to any other for at least 10 14 days before an election. If this place is within the municipality, the person is entitled to all the privileges and subject to all the duties of other citizens having their residence there, including voting.

AB782, s. 5 Section 5. 6.15 (1) of the statutes is amended to read:

AB782,4,24 6.15 (1) Qualifications. Any person who was or who is a qualified elector under ss. 6.02 and 6.03, except that he or she has been a resident of this state for less than 10 14 days prior to the date of the presidential election, is entitled to vote for the president and vice president but for no other offices. The fact that the person was not registered to vote in the state from which he or she moved does not prevent voting in this state if the elector is otherwise qualified.

AB782, s. 6 Section 6. 6.15 (2) (title) of the statutes is repealed and recreated to read:

AB782,5,1 6.15 (2) (title) Application for ballot.

AB782, s. 7 Section 7. 6.15 (2) (a) of the statutes is amended to read:

AB782,5,10 6.15 (2) (a) The elector's request for the application form may be made in person to the municipal clerk of the municipality where the person resides. Application may be made not sooner than 9 13 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in the ward or election district in which the elector resides. If an elector makes application before election day, the. The application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form:

AB782,5,11 STATE OF WISCONSIN

AB782,5,12 County of ....

AB782,5,23 I, ...., do solemnly swear that I am a citizen of the United States; that prior to establishing Wisconsin residence, my legal residence was in the .... (town) (village) (city) of ...., state of ...., residing at .... (street address); that on the day of the next presidential election, I shall be at least 18 years of age and that I have been a legal resident of the state of Wisconsin since ...., .... (year), residing at .... (street address), in the [.... ward of the .... aldermanic district of] the (town) (village) (city) of ...., county of ....; that I have resided in the state less than 10 14 days, that I am qualified to vote for president and vice president at the election to be held November ...., .... (year), that I am not voting at any other place in this election and that I hereby make application for an official presidential ballot, in accordance with section 6.15 of the Wisconsin statutes.

AB782,5,24 Signed ....

AB782,5,25 P.O. Address ....

AB782,6,1 Subscribed and sworn to before me this .... day of ...., .... (year)

AB782,6,2 ....(Name)

AB782,6,3 ....(Title)

AB782, s. 8 Section 8. 6.15 (3) of the statutes is amended to read:

AB782,6,21 6.15 (3) Procedure at polling place Use of electronic voting systems. An eligible elector may appear at the polling place for the ward or election district where he or she resides and make application for a ballot under sub. (2). Except as otherwise provided in this subsection, an elector who casts a ballot under this subsection shall follow the same procedure required for casting a ballot at the municipal clerk's office under sub. (2). The inspectors shall perform the duties of the municipal clerk, except that the inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon proper completion of the application and cancellation card and submittal of acceptable proof of residence under s. 6.55 (7) or providing corroboration of residence, the inspectors shall permit the elector to cast his or her ballot for president and vice president. The elector shall mark the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and deposit the ballot into the ballot box or give it to the inspector. The inspector shall deposit it directly into the ballot box. Voting machines or ballots utilized with electronic voting systems may only be used by electors voting under this section if they permit voting for president and vice president only.

AB782, s. 9 Section 9. 6.18 (form) of the statutes is amended to read:

AB782,6,23 6.18 (form)

AB782,7,2 This form shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

AB782,7,3 APPLICATION FOR PRESIDENTIAL

AB782,7,4 ELECTOR'S ABSENTEE BALLOT.

AB782,7,5 (To be voted at the Presidential Election

AB782,7,6 on November ...., .... (year)

AB782,7,15 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 10 14 days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

AB782,7,16 Signed ....

AB782,7,17 Address ....(Present address)

AB782,7,18 ....(City) ....(State)

AB782,7,19 Subscribed and sworn to before me this .... day of .... .... (year)

AB782,7,20 ....(Notary Public, or other officer authorized to administer oaths.)

AB782,7,21 ....(County)

AB782,7,22 My Commission expires

AB782,7,23 MAIL BALLOT TO:

AB782,7,24 NAME ....

AB782,7,25 ADDRESS ....

AB782,8,1 CITY .... STATE .... ZIP CODE ....

AB782,8,6 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for 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 for not more than 3 years and 6 months or both.

AB782,8,7 ....(Municipal Clerk)

AB782,8,8 ....(Municipality)

AB782, s. 10 Section 10. 6.26 (2) (d) of the statutes is repealed.

AB782, s. 11 Section 11. 6.275 (1) (b) of the statutes is amended to read:

AB782,8,13 6.275 (1) (b) 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.

AB782, s. 12 Section 12. 6.275 (1) (c) of the statutes is repealed.

AB782, s. 13 Section 13. 6.275 (1) (d) of the statutes is amended to read:

AB782,8,18 6.275 (1) (d) 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 ss. s. 6.55 and 6.86 (3) (a) 2 (2).

AB782, s. 14 Section 14. 6.28 (1) of the statutes is amended to read:

AB782,9,16 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.29, s. 6.55 (2), and 6.86 (3) (a) 2., registration in person for any election shall close at 5 p.m. on the 2nd Wednesday 14th 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 14th 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.

AB782, s. 15 Section 15. 6.29 of the statutes is repealed.

AB782, s. 16 Section 16. 6.30 (1) of the statutes is amended to read:

AB782,9,20 6.30 (1) In person. An elector shall apply for registration in person, except as provided under sub. (4) and s. 6.86 (3) (a) 2.

AB782, s. 17 Section 17. 6.32 (3) of the statutes is repealed.

AB782, s. 18 Section 18. 6.32 (4) of the statutes is amended to read:

AB782,9,25 6.32 (4) If the form is sufficient to accomplish registration and the clerk has no reliable information to indicate that the proposed elector is not qualified, the clerk shall enter the elector's name on the registration list and transmit a 1st class letter or postcard to the registrant, specifying the date of registration and the elector's ward or aldermanic district, or both, if any, and polling place. If the letter or postcard is returned, or if the clerk is informed of a different address than the one specified by the elector, the clerk shall change the status of the elector on the list from eligible to ineligible. The letter or postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the clerk if the elector does not reside at the address given on the letter or postcard.

AB782, s. 19 Section 19. 6.33 (1) of the statutes, as affected by 2003 Wisconsin Act 265, is amended to read:

AB782,11,2 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; date of birth; age; the number of a 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 has resided within the ward or election district for at least 10 14 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. The forms shall also provide a space for the applicant's signature and 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 forms shall also include a space where the clerk may record an indication of whether the form is received by mail and a space where the clerk, for any applicant 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 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 at the office of the register of deeds under s. 6.28 (3).

AB782, s. 20 Section 20. 6.33 (2) (b) of the statutes is amended to read:

AB782,11,8 6.33 (2) (b) Except as provided in s. 6.86 (3) (a) 2., the 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.

AB782, s. 21 Section 21. 6.40 (1) (a) 1. of the statutes is amended to read:

AB782,11,20 6.40 (1) (a) 1. Any registered elector shall transfer registration after a change of residence within the state by filing in person with the municipal clerk or by mailing to the municipal clerk a signed request stating his or her present address, affirming that this will be his or her residence for 10 14 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 in the ward or election district where the elector formerly resided changes his or her residence from one municipality to another or from one ward to another within the same municipality, within 14 days of an election, the change shall be effective for the next election.

AB782, s. 22 Section 22. 6.40 (1) (c) of the statutes is amended to read:

AB782,12,2 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).

AB782, s. 23 Section 23. 6.45 (1) of the statutes is amended to read:

AB782,12,11 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.