LRB-1404/2
CMH&JTK:wlj:pg
2007 - 2008 LEGISLATURE
June 7, 2007 - Introduced by Representatives Parisi, A. Williams, Young, Grigsby,
Turner, Black, Berceau, Pocan, Zepnick, Kessler, Fields, Schneider, Toles

and Pope-Roberts, cosponsored by Senators Risser and Wirch. Referred to
Committee on Elections and Constitutional Law.
AB390,1,5 1An Act to repeal 302.117, 304.078 (1) and 973.09 (4m); to renumber and
2amend
6.03 (1) (b); to amend 6.33 (1), 301.03 (3a) (intro.), 304.078 (2), 304.078
3(3) and 973.176 (2); and to create 6.03 (1) (b) 1., 6.03 (1) (b) 2. and 6.03 (1) (b)
43. of the statutes; relating to: restoring the right to vote to a person barred from
5voting as a result of a felony conviction.
Analysis by the Legislative Reference Bureau
Under current law, when a person is barred from voting as the result of a felony
conviction (a "disqualifying offense"), the person's right to vote can be restored
through a pardon. Otherwise, it is restored upon completion of the sentence —
including extended supervision or parole — or the term of probation imposed on the
person who committed the offense.
Under this bill, a person loses his or her right to vote based on a disqualifying
offense only while he or she is incarcerated for that offense. A person released to
extended supervision or parole can resume voting. In addition, a person convicted
of such an offense and on probation retains the right to vote while on probation. But
if a person who committed a disqualifying offense is returned to prison after the
revocation of extended supervision or parole or is sent to prison or a jail or house of

correction after the revocation of probation, the person loses the right to vote until
he or she is released.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB390, s. 1 1Section 1. 6.03 (1) (b) of the statutes is renumbered 6.03 (1) (b) (intro.) and
2amended to read:
AB390,2,53 6.03 (1) (b) (intro.) Any person convicted of treason, felony, or bribery, unless
4the person's right to vote is restored through a pardon or under s. 304.078 (3).
who
5has not been pardoned for the offense, if any of the following applies:
AB390, s. 2 6Section 2. 6.03 (1) (b) 1. of the statutes is created to read:
AB390,2,77 6.03 (1) (b) 1. The person is awaiting sentencing for the offense.
AB390, s. 3 8Section 3. 6.03 (1) (b) 2. of the statutes is created to read:
AB390,2,119 6.03 (1) (b) 2. The person has been sentenced to a term of imprisonment and
10the sentence has not yet commenced. This subdivision does not apply if the person's
11sentence has been stayed under s. 973.09 (1) (a).
AB390, s. 4 12Section 4. 6.03 (1) (b) 3. of the statutes is created to read:
AB390,2,1413 6.03 (1) (b) 3. The person is incarcerated for the offense but is not on probation,
14parole, or extended supervision.
AB390, s. 5 15Section 5. 6.33 (1) of the statutes is amended to read:
AB390,3,2416 6.33 (1) The board shall prescribe the format, size, and shape of registration
17forms. All forms shall be printed on cards and each item of information shall be of
18uniform font size, as prescribed by the board. The municipal clerk shall supply
19sufficient form to meet voter registration needs. The forms shall be designed to
20obtain from each applicant information as to name; date; residence location;
21citizenship; date of birth; age; the number of a valid operator's license issued to the

1elector under ch. 343 or the last 4 digits of the elector's social security account
2number; whether the applicant has resided within the ward or election district for
3at least 10 days; whether the applicant has been convicted of a felony for which he
4or she has not been pardoned, and if so, whether the applicant is incarcerated, or on
5parole, probation, or extended supervision
on a full-time basis as a result of that
6conviction
; whether the applicant is disqualified on any other ground from voting;
7and whether the applicant is currently registered to vote at any other location. The
8form shall include a space for the applicant's signature and the signature of any
9corroborating elector. The form shall include a space to enter the name of any special
10registration deputy under s. 6.26 or 6.55 (6) or inspector, municipal clerk, or deputy
11clerk under s. 6.55 (2) who obtains the form and a space for the deputy, inspector,
12clerk, or deputy clerk to sign his or her name, affirming that the deputy, inspector,
13clerk, or deputy clerk has accepted the form. The form shall include a space for entry
14of the ward and aldermanic district, if any, where the elector resides and any other
15information required to determine the offices and referenda for which the elector is
16certified to vote. The form shall also include a space where the clerk may record an
17indication of whether the form is received by mail, a space where the clerk may record
18an indication of the type of identifying document submitted by the elector as proof
19of residence under s. 6.34, whenever required, and a space where the clerk, for any
20applicant who possesses a valid voting identification card issued to the person under
21s. 6.47 (3), may record the identification serial number appearing on the voting
22identification card. Each county clerk shall obtain sufficient registration forms for
23completion by an elector who desires to register to vote at the office of the county clerk
24under s. 6.28 (4).
AB390, s. 6 25Section 6. 301.03 (3a) (intro.) of the statutes is amended to read:
AB390,4,3
1301.03 (3a) (intro.) Subject to all of the following, design a form to provide
2notice under ss. 302.117, 973.09 (4m), and s. 973.176 (2) of ineligibility to vote under
3s. 6.03 (1) (b):
AB390, s. 7 4Section 7. 302.117 of the statutes is repealed.
AB390, s. 8 5Section 8. 304.078 (1) of the statutes is repealed.
AB390, s. 9 6Section 9. 304.078 (2) of the statutes is amended to read:
AB390,4,177 304.078 (2) Except as provided in sub. (3), every A person who is convicted of
8a crime obtains a restoration of his or her civil rights, other than the right to vote,
9by serving out his or her term of imprisonment or otherwise satisfying his or her
10sentence. The certificate of the department or other responsible supervising agency
11that a convicted person has served his or her sentence or otherwise satisfied the
12judgment against him or her is evidence of that fact and that the person is restored
13to his or her civil rights. The department or other agency shall list in the person's
14certificate rights which have been restored and which have not been restored.
15Persons who served out their terms of imprisonment or otherwise satisfied their
16sentences prior to August 14, 1947, are likewise restored to their civil rights from and
17after September 25, 1959.
AB390, s. 10 18Section 10. 304.078 (3) of the statutes is amended to read:
AB390,4,2519 304.078 (3) If a person is has been disqualified from voting under s. 6.03 (1) (b),
20his or her right to vote is restored when he or she completes the term of imprisonment
21or probation for the crime that led to the disqualification. The
3., the department or,
22if the person is sentenced to a county jail or house of correction, the jailer, as defined
23in s. 302.372 (1) (b),
shall inform the person in writing at the time and shall provide
24a certificate as proof, when he or she is released from the prison, jail, or house of
25correction, that
his or her right to vote is restored under this subsection.
AB390, s. 11
1Section 11. 973.09 (4m) of the statutes is repealed.
AB390, s. 12 2Section 12. 973.176 (2) of the statutes is amended to read:
AB390,5,93 973.176 (2) Voting. Whenever a court imposes a sentence or places a defendant
4on probation
for a conviction that disqualifies the defendant from voting under s. 6.03
5(1) (b), the court shall inform the defendant in writing that he or she may not vote
6in any election until his or her civil rights are restored released from the prison, jail,
7or house of correction where the sentence will be served
. The court shall use the form
8designed by the department of corrections under s. 301.03 (3a) to inform the
9defendant, and the defendant and a witness shall sign the form.
AB390, s. 13 10Section 13. Nonstatutory provisions.
AB390,5,1511 (1) The department of corrections shall, as soon as reasonably possible but no
12later than 6 months after the effective date of this subsection, mail to each person
13on parole, extended supervision, or probation, who was released to parole or
14extended supervision, or placed on probation, before the effective date of this
15subsection, notice that the person's right to vote is restored.
AB390, s. 14 16Section 14. Initial applicability.
AB390,5,2117 (1) The renumbering and amendment of section 6.03 (1) (b) of the statutes and
18the creation of section 6.03 (1) (b) 1., 2., and 3. of the statutes first apply to persons
19who are on or released to parole or extended supervision on the effective date of this
20subsection and to persons who are on or placed on probation on the effective date of
21this subsection.
AB390,5,2222 (End)
Loading...
Loading...