AB782: Bill Text

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AB782, s. 12 Section 12. 6.275 (1) (c) of the statutes is repealed.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

AB782, s. 24 Section 24. 6.45 (1m) of the statutes is amended to read:

AB782,12,20 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.

AB782, s. 25 Section 25. 6.50 (10) of the statutes is amended to read:

AB782,12,24 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 transfer his or her registration as provided under s. 6.55 (2).

AB782, s. 26 Section 26. 6.54 of the statutes is repealed.

AB782, s. 27 Section 27. 6.55 (title) of the statutes is amended to read:

AB782,13,3 6.55 (title) Polling place Updating registration; voting by certification at polling place.

AB782, s. 28 Section 28. 6.55 (2) (a) 1. of the statutes is renumbered 6.55 (2) (a) and amended to read:

AB782,13,18 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, 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 to execute elector to transfer his or her registration by executing a registration form prescribed by the board. The registration form shall be completed in the manner provided under s. 6.33 (2) and shall contain all information required under s. 6.33 (1), together with the following certification:

AB782,13,22 "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 14 days immediately preceding this election, and that I am not disqualified on any ground from voting, and I have not voted, at this election."

AB782, s. 29 Section 29. 6.55 (2) (a) 2. of the statutes is repealed.

AB782, s. 30 Section 30. 6.55 (2) (b) of the statutes is amended to read:

AB782,14,12 6.55 (2) (b) Upon executing the registration form under par. (a), the elector shall provide acceptable proof of residence under sub. (7). If the elector cannot provide acceptable proof of residence, the information contained in the registration form shall be corroborated in a statement that is signed by any elector who resides in the same municipality as the registering elector and that contains the current street address of the corroborating elector. The corroborator shall then provide acceptable proof of residence as provided in sub. (7). The signing by the elector executing the who is transferring his or her registration form and by any corroborator shall be in the presence of the special registration deputy or inspector. Upon compliance with this procedure, the elector shall be permitted to cast his or her vote, if the elector complies with all other requirements for voting at the polling place.

AB782, s. 31 Section 31. 6.55 (2) (c) 1. of the statutes is amended to read:

AB782,15,12 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 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, or 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 elector cannot provide acceptable proof of residence, the information contained in the registration form shall be corroborated in the manner provided in par. (b). The signing by the elector executing the registration form and by any corroborator shall be in the presence of the municipal clerk, or deputy clerk or special registration deputy. Upon proper completion of registration, the municipal clerk, or 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).

AB782, s. 32 Section 32. 6.55 (2) (cm) of the statutes is repealed.

AB782, s. 33 Section 33. 6.55 (2) (d) of the statutes is renumbered 6.55 (1) and amended to read:

AB782,16,5 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 when materials are returned under s. 6.56 (1). If an A registered elector has changed 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 register transfer his or her 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).

AB782, s. 34 Section 34. 6.55 (3) of the statutes is repealed.

AB782, s. 35 Section 35. 6.55 (6) of the statutes is repealed.

AB782, s. 36 Section 36. 6.56 (1) of the statutes is amended to read:

AB782,16,11 6.56 (1) The list containing the names of persons voting transferring registration under ss. 6.29 and s. 6.55 (2) and (3) shall be returned together with all forms and certificates to the municipal clerk.

AB782, s. 37 Section 37. 6.56 (2) of the statutes is repealed.

AB782, s. 38 Section 38. 6.56 (3) of the statutes is amended to read:

AB782,17,2 6.56 (3) Upon receipt of the list under sub. (1), 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) and all electors registering by agent on election day under s. 6.86 (3) (a) 2. The audit shall be made by 1st class postcard. The postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the clerk or board of election commissioners if the elector does not reside at the address given on the postcard. 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 was apparently improper on the day of the election, the clerk or board shall change the status of the elector from eligible to ineligible on the registration list and mail the elector a notice of the change in status and provide the name to the district attorney for the county where the polling place is located.

AB782, s. 39 Section 39. 6.56 (5) of the statutes is amended to read:

AB782,17,10 6.56 (5) Whenever any letter or postcard mailed under this section is returned undelivered, or whenever the U.S. postal service notifies the clerk of an improper address which was apparently improper on the day of the election or whenever it otherwise appears that a person has voted who is not qualified or has voted more than once in an election, and the person has been permitted to vote after corroboration was made under s. 6.55 (2) or (3) or 6.86 (3) (a) 2., the name of the corroborator shall also be provided to the district attorney.

AB782, s. 40 Section 40. 6.79 (2) (b) and (c) of the statutes, as affected by 2003 Wisconsin Act 265, are amended to read:

AB782,17,16 6.79 (2) (b) Upon the poll list, after the name of each elector, the officials shall enter a serial number for each elector in the order that votes are cast, beginning with number one. The officials shall enter upon the poll list, after the name of any elector who updates his or her registration under s. 6.55 (1), the updated name of the elector.

AB782,17,24 (c) The officials shall maintain separate lists for electors who are voting under s. 6.15, 6.29, or transferring registrations under s. 6.55 (2) or (3) and electors who are reassigned from another polling place under s. 5.25 (5) (b) and shall enter the full name, address, and serial number of each of these electors on the appropriate separate list. Alternatively, if the poll list is maintained electronically, the officials may enter on the poll list the information that would otherwise appear on a separate list if the information that would be obtainable from a separate list is entered on the poll list.

AB782, s. 41 Section 41. 6.79 (2) (dm) of the statutes is created to read:

AB782,18,4 6.79 (2) (dm) If the elector claims to have registered at an address that is served by the polling place on or before the 14th day preceding the election, but the elector's name does not appear on the poll list, the officials shall offer the elector the opportunity to vote under s. 6.97.

AB782, s. 42 Section 42. 6.79 (4) of the statutes is amended to read:

AB782,18,19 6.79 (4) Supplemental information. When any elector provides acceptable proof of residence under s. 6.15, 6.29 or 6.55 (2) or (3), the election officials shall enter the type of identifying document provided on the poll list, or separate list maintained under sub. (2) (c). If the document submitted as proof of identity or residence includes a number which applies only to the individual holding that document, 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 s. 6.55 (2) (b) or (c) or (3), or the registration identity or residence of any person registering on election day under s. 6.86 (3) (a) 2., the election officials shall also enter the name and address of the corroborator next to the name of the elector whose information is being corroborated on the poll list, or the separate list maintained under sub. (2) (c). When any person offering to vote has been challenged and taken the oath, following the person's name on the poll list, the officials shall enter the word "Sworn".

AB782, s. 43 Section 43. 6.85 of the statutes is amended to read:

AB782,18,23 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.

AB782,19,2 (2) Any otherwise qualified elector who changes residence within this state by moving to a different ward or municipality later than 10 14 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.

AB782,19,4 (3) An elector qualifying under this section may vote by absentee ballot under ss. 6.86 to 6.89.

AB782, s. 44 Section 44. 6.86 (1) (c) of the statutes is created to read:

AB782,19,13 6.86 (1) (c) If an elector other than a military elector applies for an absentee ballot for an election at the office of the municipal clerk after the 14th day preceding the election and the elector claims to have registered at an address that is located in the municipality on or before the 14th day preceding the election, but the elector's name does not appear on the registration list, the municipal clerk shall offer the elector the opportunity to vote under s. 6.97. If the individual chooses to vote under s. 6.97, the municipal clerk shall mark on the certificate envelope an indication that the elector's name does not appear on the registration list.

AB782, s. 45 Section 45. 6.86 (3) (a) 1. of the statutes is renumbered 6.86 (3) (a).

AB782, s. 46 Section 46. 6.86 (3) (a) 2. of the statutes is repealed.

AB782, s. 47 Section 47. 6.86 (3) (b) of the statutes is amended to read:

AB782,19,24 6.86 (3) (b) When each properly executed form and statement required under par. (a) is presented to the municipal clerk, if the elector who proposes to vote is qualified, an absentee ballot shall be issued and the name of such hospitalized elector shall be recorded by the clerk or special registration deputy. An agent who is issued an absentee ballot under this section shall present documentation of his or her identity, provide his or her name and address, and attest to a statement that the ballot is received solely for the benefit of a named elector who is hospitalized, and the agent will promptly transmit the ballot to such person.

AB782, s. 48 Section 48. 6.86 (3) (c) of the statutes is amended to read:

AB782,20,12 6.86 (3) (c) An application under par. (a) 1. this subsection may be made and a registration form under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier than 7 days before an election and not later than 5 p.m. on the day of the election. A list of hospitalized electors applying for ballots under par. (a) 1. this subsection shall be made by the municipal clerk and used to check that the electors vote only once, and by absentee ballot. If identification is required, the municipal clerk shall so inform the agent and the elector shall enclose identification in the envelope with the ballot. The ballot shall be sealed by the elector and returned to the municipal clerk either by mail or by personal delivery of the agent; but if the ballot is returned on the day of the election, the agent shall make personal delivery at the polling place serving the hospitalized elector's residence before the closing hour for the ballot to be counted.

AB782, s. 49 Section 49. 6.87 (2) (form) of the statutes is amended to read:

AB782,20,14 6.87 (2) (form)

AB782,20,15 [STATE OF ....

AB782,20,16 County of ....]

AB782,20,17 or

AB782,20,18 [(name of foreign country and city or other jurisdictional unit)]

AB782,21,6 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 14 days before the election. 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.

AB782,21,7 Signed ....

AB782,21,8 Identification serial number, if any: ....

AB782,21,9 The witness shall execute the following:

AB782,21,14 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.

AB782,21,15 ....(Name)

AB782,21,16 ....(Address)**

AB782,21,18 * — An elector who provides an identification serial number issued under s. 6.47 (3), Wis. Stats., need not provide a street address.

AB782,21,20 ** — If this form is executed before 2 special voting deputies under s. 6.875 (6), Wis. Stats., both deputies shall witness and sign.

AB782, s. 50 Section 50. 6.94 of the statutes is amended to read:

AB782,22,12 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 14 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, and fulfills the applicable registration requirements, and if 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.

AB782, s. 51 Section 51. 6.97 (1) of the statutes is amended to read:

AB782,23,21 6.97 (1) Whenever any individual who is required to provide identification in order to be permitted to vote appears to vote at a polling place and cannot provide the required identification, the inspectors shall offer the opportunity for the individual to vote under this section. Whenever any individual appears to vote at a polling place and claims to be registered at an address served by the polling place on or before the 14th day preceding the election but the elector's name does not appear on the poll list for that polling place, the inspectors shall similarly offer the opportunity for the elector to vote under this section. If the individual wishes to vote, the inspectors shall provide the elector with an envelope marked "Ballot under s. 6.97, stats." on which the serial number of the elector is entered and shall require the individual to execute on the envelope a written affirmation stating that the individual is a qualified elector of the ward or election district where he or she offers to vote and is eligible to vote in the election. The inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". If voting machines are used in the municipality where the individual is voting, the individual's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding number from the poll list or other list maintained under s. 6.79 and the notation "s. 6.97" written on the back of the ballot by the inspectors before the ballot is given to the elector. When receiving the individual's ballot, the inspectors shall provide the individual with written voting information prescribed by the board under s. 7.08 (8). The inspectors shall indicate on the list the fact that the individual is required to provide identification but did not do so, or that the elector claims to be properly registered to vote in the election, but the elector's name does not appear on the poll list. The inspectors shall notify the individual that he or she may provide identification to the municipal clerk or executive director of the municipal board of election commissioners or may provide proof of timely registration to the municipal clerk or executive director of the board of election commissioners. The inspectors shall also promptly notify the municipal clerk or executive director of the name, address, and serial number of the individual and the reason why the individual is voting under this section. The inspectors shall then place the ballot inside the envelope and place the envelope in a separate carrier envelope.

AB782, s. 52 Section 52. 6.97 (2) of the statutes is amended to read: