SB612, s. 166
8Section
166. 12.09 of the statutes is repealed and recreated to read:
SB612,113,11
912.09 Election threats. (1) No person may personally or through an agent
10make use of or threaten to make use of force, violence, or restraint in order to induce
11or compel any person to vote or refrain from voting at an election.
SB612,113,14
12(2) No person may personally or through an agent, by abduction, duress, or any
13fraudulent device or contrivance, impede or prevent the free exercise of the franchise
14at an election.
SB612,113,17
15(3) No person may personally or through an agent, by any act compel, induce,
16or prevail upon an elector either to vote or refrain from voting at any election for or
17against a particular candidate or referendum.
SB612, s. 167
18Section
167. 12.13 (3) (ze) of the statutes is created to read:
SB612,113,2119
12.13
(3) (ze) Compensate a person who obtains voter registration forms from
20other persons at a rate that varies in relation to the number of voter registrations
21obtained by the person.
SB612, s. 168
22Section
168
. 12.13 (4) of the statutes is repealed.
SB612, s. 169
23Section
169. 12.60 (1) (b) of the statutes is amended to read:
SB612,114,3
112.60
(1) (b) Whoever violates s. 12.03, 12.05, 12.07, 12.08 or 12.13 (2) (b) 8.,
2(3) (b), (c), (d), (g), (i), (n) to (x),
(ze), (zm) or (zn) may be fined not more than $1,000,
3or imprisoned not more than 6 months or both.
SB612, s. 170
4Section
170
. 12.60 (1) (c) of the statutes is amended to read:
SB612,114,65
12.60
(1) (c) Whoever violates s. 12.13 (3) (am)
or (4) may be required to forfeit
6not more than $500.
SB612, s. 171
7Section
171
. 12.60 (1) (d) of the statutes is amended to read:
SB612,114,98
12.60
(1) (d) Whoever violates s.
12.035 or 12.13 (3) (h) may be required to
9forfeit not more than $100.
SB612, s. 172
10Section
172. 17.29 of the statutes is amended to read:
SB612,114,17
1117.29 Effect of chapter. The provisions of this chapter supersede all contrary
12provisions in either the general law or in special acts, except
ch. 7 ss. 6.26 (2) (b), 6.28
13(2) (b), 6.55 (6), 6.875, and 7.30 relating to
appointed election
officers appointed for
14the election wards or polling places in the state officials and ch. 21 relating to the
15military staff of the governor and to officers of the Wisconsin national guard; and
16shall govern all offices whether created by general law or special act, unless
17otherwise specially provided.
SB612, s. 173
18Section
173. 301.03 (3a) of the statutes is created to read:
SB612,114,2019
301.03
(3a) Subject to all of the following, design a form to provide notice under
20ss. 302.117, 973.09 (4m), and 973.176 (2) of ineligibility to vote under s. 6.03 (1) (b):
SB612,114,2221
(a) The form shall inform the person who is ineligible to vote that he or she may
22not vote in any election until his or her civil rights are restored.
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(b) The form shall inform the person who is ineligible to vote when his or her
24civil rights are expected to be restored.
SB612,115,3
1(c) The form shall include a place for the person to sign indicating that he or
2she understands that he or she may not vote in any election until his or her civil
3rights are restored. The form shall include a place also for a witness signature.
SB612,115,54
(d) The department shall retain the form, and a copy shall be given to the
5person.
SB612, s. 174
6Section
174. 301.03 (20) of the statutes is created to read:
SB612,115,117
301.03
(20) Transmit to the elections board, on a continuous basis, a list
8containing the name of each living person who has been convicted of a felony under
9the laws of this state and whose civil rights have not been restored, together with his
10or her residential address and the date on which the department expects his or her
11civil rights to be restored.
SB612, s. 175
12Section
175. 302.117 of the statutes is amended to read:
SB612,115,18
13302.117 Notice regarding ineligibility to vote. When an inmate who is
14disqualified from voting under s. 6.03 (1) (b) is released to parole or extended
15supervision, the department shall inform the person
in writing that he or she may
16not vote in any election until his or her civil rights are restored.
The department shall
17use the form designed under s. 301.03 (3a) to inform the person, and the person and
18a witness shall sign the form.
SB612, s. 176
19Section
176. 343.11 (2m) of the statutes is created to read:
SB612,115,2320
343.11
(2m) Within 30 days following surrender of a license under sub. (1), the
21department shall provide notice to the elections board of the person's name and
22address, the name of the jurisdiction issuing the surrendered license, and the date
23on which the license was surrendered.
SB612, s. 177
24Section
177. 880.33 (9) of the statutes is amended to read:
SB612,116,13
1880.33
(9) All the rights and privileges afforded a proposed incompetent under
2this section shall be given to any person who is alleged to be ineligible to register to
3vote or to vote in an election by reason that such person is incapable of understanding
4the objective of the elective process. The determination of the court shall be limited
5to a finding that the elector is either eligible or ineligible to register to vote or to vote
6in an election by reason that the person is or is not capable of understanding the
7objective of the elective process. The determination of the court shall be
8communicated in writing by the clerk of court to the election official or agency
9charged under s. 6.48, 6.92, 6.925
or, 6.93
, or 7.52 (5) with the responsibility for
10determining challenges to registration and voting which may be directed against
11that elector. The determination may be reviewed as provided in s. 880.34 (4) and (5)
12and any subsequent determination of the court shall be likewise communicated by
13the clerk of court.
SB612, s. 178
14Section
178. 973.09 (4m) of the statutes is amended to read:
SB612,116,1915
973.09
(4m) The department shall inform each probationer who is disqualified
16from voting under s. 6.03 (1) (b) that he or she may not vote in any election until his
17or her civil rights are restored.
The department shall use the form designed under
18s. 301.03 (3a) to inform the probationer, and the probationer and a witness shall sign
19the form.
SB612, s. 179
20Section
179. 973.176 (2) of the statutes is amended to read:
SB612,117,221
973.176
(2) Voting. Whenever a court imposes a sentence or places a defendant
22on probation for a conviction that disqualifies the defendant from voting under s. 6.03
23(1) (b), the court shall inform the defendant
in writing that he or she may not vote
24in any election until his or her civil rights are restored.
The court shall use the form
1designed by the department of corrections under s. 301.03 (3a) to inform the
2defendant, and the defendant and a witness shall sign the form.
SB612,117,114
(1)
Election-related contingency planning. The elections board shall
5prepare a report and recommendations with regard to state and local
6election-related contingency planning efforts and preparedness regarding natural
7disasters or terrorist activities that may occur at or near election time. No later than
8the first day of the 7th month beginning after publication of this act, the elections
9board shall submit the report and recommendations to the chief clerk of each house
10of the legislature for distribution to the appropriate standing committees of the
11legislature in the manner provided under section 13.172 (3) of the statutes.
SB612,117,2012
(2)
Audits of local election practices. The elections board shall prepare
13recommendations with regard to random post-election audits of local election
14practices to be conducted in the fall of odd-numbered years. The recommendations
15shall include recommendations on how election practices in a given municipality
16may be reviewed by election officials of other, similar-sized municipalities and how
17the state will fund such audits. No later than December 31, 2006, the elections board
18shall submit the recommendations to the chief clerk of each house of the legislature
19for distribution to the appropriate standing committees of the legislature in the
20manner provided under s. 13.172 (3) of the statutes.
SB612,117,2121
(3)
Polling place observation rules.
SB612,117,2522
(a) The elections board shall submit in proposed form the rules required under
23section 7.41 (5) of the statutes, as created by this act, to the legislative council staff
24under section 227.15 (1) of the statutes no later than the 60th day beginning after
25publication of this act.
SB612,118,9
1(b) Using the procedure under section 227.24 of the statutes, the elections
2board may promulgate rules required under s. 7.41 (5) of the statutes, as created by
3this act, for the period before the effective date of the rules submitted under
4paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c)
5and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the
6statutes, the board is not required to provide evidence that promulgating a rule
7under this paragraph as an emergency rule is necessary for the preservation of the
8public peace, health, safety, or welfare and is not required to provide a finding of
9emergency for a rule promulgated under this paragraph.
SB612,118,1810
(4)
Fees for copies of registration list. The elections board may promulgate
11emergency rules under section 227.24 of the statutes implementing section 6.36 (6)
12of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2)
13of the statutes, emergency rules promulgated under this subsection remain in effect
14until the date on which permanent rules take effect. Notwithstanding section 227.24
15(1) (a) and (3) of the statutes, the elections board is not required to provide evidence
16that promulgating a rule under this subsection as an emergency rule is necessary for
17the preservation of public peace, health, safety, or welfare and is not required to
18provide a finding of emergency for a rule promulgated under this subsection.
SB612,118,2219
(5)
Election officials; interim terms. Notwithstanding section 7.30 (6) (a) of
20the statutes, as affected by this act, the persons who are appointed as election
21officials under section 7.30 (4) of the statutes in 2006 shall serve for terms of one year
22and until their successors are appointed and qualified.
SB612,119,323
(6)
Distribution of forms to convicted felons. No later than the first day of
24the 6th month beginning after the effective date of this subsection, the department
25of corrections shall distribute, and have signed in front of a witness, a copy of the form
1designed under section 301.03 (3a) of the statutes, as created by this act, to each
2person who is on probation, parole, or extended supervision on that date and who is
3disqualified from voting in any election under section 6.03 (1) (b) of the statutes.
SB612,119,75
(1)
Notice of school district referenda. The treatment of section 8.37 of the
6statutes first applies to a measure or question that becomes subject to a filing
7requirement under section 8.37 of the statutes on the effective date of this subsection.
SB612,119,108
(2)
Recounts. The renumbering and amendment of section 5.90 of the statutes
9and the creation of section 5.90 (2) and (3) of the statutes by this act first apply to
10recount petitions filed on the effective date of this subsection.
SB612,119,1311
(3)
Terms of certain poll workers. The treatment of sections 7.30 (2) (am), (6)
12(a), and (6) (am) of the statutes first applies to appointments made on the effective
13date of this subsection.
SB612,119,1614
(4)
Petitions for recall. The treatment of sections 9.10 (2) (b) and (d) and (4)
15(a) of the statutes first applies with respect to petitions for recall that are offered for
16filing on the effective date of this subsection.
SB612,119,2017
(5)
Circulators of nomination papers and petitions. The treatment of sections
185.02 (16g), 8.10 (3) (intro.), 8.15 (4) (a), 8.20 (3), 8.40 (2), and 9.10 (2) (em) 2. of the
19statutes first applies with respect to nomination paper circulation periods that begin
20and petitions that are initially circulated on the effective date of this subsection.
SB612,119,2421
(6)
Notification regarding ineligibility to vote during parole or extended
22supervision. The treatment of section 302.117 of the statutes first applies to persons
23whom the department of corrections releases to parole or extended supervision on
24the effective date of this subsection.
SB612,120,3
1(7)
Notification regarding ineligibility to vote during probation. The
2treatment of section 973.09 (4m) of the statutes first applies to persons whom the
3court places on probation on the effective date of this subsection.
SB612,120,64
(8)
Notification at sentencing regarding ineligibility to vote. The treatment
5of section 973.176 (2) of the statutes first applies to persons who are sentenced or
6placed on probation on the effective date of this subsection.
SB612,120,87
(9)
Election official training. The treatment of sections 7.15 (1m), 7.30 (2)
8(c), and 7.315 of the statutes first applies with respect to elections held in 2008.
SB612,120,1110
(1) This act takes effect on July 1, 2006, or on the day after publication,
11whichever is later.