LRB-0064/3
JTK&ARG:jld:rs
2011 - 2012 LEGISLATURE
November 9, 2011 - Introduced by Representatives Berceau, Hintz, Barca, Bewley,
E. Coggs, Hebl, Kessler, Pasch, Pocan, Pope-Roberts, Roys, Zepnick, Sinicki,
Hulsey, Turner, C. Taylor
and Ringhand, cosponsored by Senators Risser, C.
Larson, S. Coggs, Taylor, Hansen
and Erpenbach. Referred to Committee on
Election and Campaign Reform.
AB365,1,7 1An Act to amend 5.056, 6.24 (3), 6.275 (1) (b), 6.28 (1), 6.30 (1), 6.32, 6.33 (1),
26.33 (2) (a), 6.34 (2), 6.35 (1) (intro.), 6.36 (2) (c), 6.40 (1) (a) 1., 6.40 (1) (c), 6.50
3(10), 6.55 (2) (d), 6.86 (3) (c), 6.87 (4) (b) 1., 7.08 (1) (c), 85.61 (1) and 343.027;
4to repeal and recreate 343.027; and to create 6.30 (5), 6.34 (2m), 6.34 (4) and
56.35 (2) of the statutes; relating to: electronic voter registration, verification
6of certain registrations, and proof of residence for voting in an election and
7granting rule-making authority.
Analysis by the Legislative Reference Bureau
Currently, a qualified elector may register to vote at any election by mail or by
completing a registration form with a special registration deputy no later than the
20th day before the election. A qualified elector may also register to vote at an
election in person at the office of the municipal clerk or board of election
commissioners for the municipality where the elector resides no later than 5 p.m. on
the day before the election. In order to register, an elector must provide his or her
name and address and certain other information required to ascertain his or her
eligibility and must sign the form. With certain exceptions, an elector who registers
after the 20th day before an election or an elector who registers by mail and who has
not voted before in an election in this state must provide proof of residence prior to
voting. Currently, the clerk or board of election commissioners must verify each

registration received by mail or submitted by a special registration deputy by
sending a first-class letter or postcard to the registrant at the registrant's address.
This bill permits a qualified elector who has a current and valid driver's license
or identification card issued by the Department of Transportation (DOT) to register
to vote at an election electronically on a secure Internet site maintained by the
Government Accountability Board (GAB). The bill requires an electronic
registration to be completed no later than the 20th day before an election in order to
be valid for that election. Under the bill, a qualified elector enters the same
information that appears on the current registration form and authorizes DOT to
forward a copy of his or her electronic signature to GAB. The authorization affirms
that all information provided by the elector is correct and has the same effect as if
the elector signed the form personally. The bill also permits an elector who is
currently registered to vote and who has a current and valid driver's license or
identification card to electronically enter a change of name or address using a similar
procedure. Under the bill, an electronic registration is treated the same as a mail
registration. GAB or the clerk or board of election commissioners of the elector's
municipality of residence must verify the registration by sending a first-class letter
or postcard to the registrant at the registrant's address and, if the registrant is voting
for the first time in an election in this state, the registrant must provide proof of
residence before voting in the election. However, the bill also provides that, if an
elector who registers electronically provides his or her Wisconsin driver's license
number, together with his or her name and date of birth, and GAB is able to verify
the information electronically at the time of registration by electronically accessing
records of DOT, the elector need not provide proof of residence prior to voting. The
bill directs GAB and DOT to enter into an agreement that permits GAB to verify the
necessary information instantly by accessing DOT's electronic files.
Currently, each municipal clerk and board of election commissioners must
maintain a file of voter registration forms for the electors of the municipality. This
bill provides that the clerk or board must maintain registrations that are entered
electronically in the manner prescribed by GAB, by rule.
The changes first apply with respect to registration for voting at the first spring
or September primary election that follows the day the bill becomes law by at least
six months.
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:
AB365, s. 1 1Section 1. 5.056 of the statutes is amended to read:
AB365,3,4 25.056 Matching program with secretary of transportation. The
3administrator of the elections division of the board shall enter into the agreement

1with the secretary of transportation specified under s. 85.61 (1) to match personally
2identifiable information on the official registration list maintained by the board
3under s. 6.36 (1) and the information specified in s. 6.34 (2m) with personally
4identifiable information maintained by the department of transportation.
AB365, s. 2 5Section 2. 6.24 (3) of the statutes is amended to read:
AB365,3,116 6.24 (3) Registration. The overseas elector shall register in the municipality
7where he or she was last domiciled or where the overseas elector's parent was last
8domiciled on a form prescribed by the board designed to ascertain the elector's
9qualifications under this section. The form shall be substantially similar to the
10original form under s. 6.33 (1), insofar as applicable. Registration shall be
11accomplished in accordance with s. 6.30 (4) or (5).
AB365, s. 3 12Section 3. 6.275 (1) (b) of the statutes is amended to read:
AB365,3,1613 6.275 (1) (b) The total number of electors of the municipality residing in that
14county who were preregistered on the deadline specified in s. 6.28 (1), including valid
15mail registrations which are postmarked by that day and valid electronic
16registrations entered under s. 6.30 (5)
.
AB365, s. 4 17Section 4. 6.28 (1) of the statutes is amended to read:
AB365,4,1318 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.29,
196.55 (2), and 6.86 (3) (a) 2., registration in person for any election shall close at 5 p.m.
20on the 3rd Wednesday preceding the election. Registrations made by mail under s.
216.30 (4) must be delivered to the office of the municipal clerk or postmarked no later
22than the 3rd Wednesday preceding the election. Electronic registration for an
23election under s. 6.30 (5) shall close at midnight on the 3rd Wednesday preceding the
24election.
All applications for registration corrections and additions may be made
25throughout the year at the office of the city board of election commissioners, at the

1office of the municipal clerk, at the office of the county clerk, or at other locations
2provided by the board of election commissioners or the common council in cities over
3500,000 population or by either or both the municipal clerk, or the common council,
4village or town board in all other municipalities and may also be made during the
5school year at any high school by qualified persons under sub. (2) (a). Other
6registration locations may include but are not limited to fire houses, police stations,
7public libraries, institutions of higher education, supermarkets, community centers,
8plants and factories, banks, savings and loan associations and savings banks.
9Special registration deputies shall be appointed for each location unless the location
10can be sufficiently staffed by the board of election commissioners or the municipal
11clerk or his or her deputies. An elector who wishes to obtain a confidential listing
12under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality
13where the elector resides.
AB365, s. 5 14Section 5. 6.30 (1) of the statutes is amended to read:
AB365,4,1615 6.30 (1) In person. An elector shall apply for registration in person, except as
16provided under sub. subs. (4) and (5) and s. 6.86 (3) (a) 2.
AB365, s. 6 17Section 6. 6.30 (5) of the statutes is created to read:
AB365,5,1418 6.30 (5) By electronic application. Any eligible elector who holds a current
19and valid operator's license issued under ch. 343 or a current and valid identification
20card issued under s. 343.50 may register electronically in the manner prescribed by
21the board. The board shall maintain on the Internet a secure registration form that
22enables the elector to enter the information required under s. 6.33 (1) electronically.
23The form shall contain an authorization for the board to obtain from the department
24of transportation an electronic copy of the applicant's signature, which signature
25shall constitute an affirmance that all information provided by the elector is correct

1and shall have the same effect as if the applicant had signed the application
2personally. Upon submittal of the electronic application, the board shall obtain from
3the department of transportation a copy of the electronic signature of the applicant
4and shall integrate the signature into the applicant's electronic application. The
5board shall maintain the electronically integrated application on file together with
6nonelectronic applications and shall notify the municipal clerk or board of election
7commissioners of the municipality where the applicant resides of its receipt of each
8completed application. The board shall also permit any elector who has a current and
9valid operator's license issued to the elector under ch. 343 or a current and valid
10identification card issued under s. 343.50 to make changes in his or her registration
11authorized under s. 6.40 (1) at the same Internet site that is used by electors for
12original registration under this subsection. An elector shall attest to the correctness
13of any changes in the same manner as provided in this subsection for information
14entered on an application for original registration.
AB365, s. 7 15Section 7. 6.32 of the statutes is amended to read:
AB365,5,20 166.32 Verification of certain registrations. (1) Upon receipt of a
17registration form that is submitted by mail under s. 6.30 (4) or by electronic
18application under s. 6.30 (5)
or that is submitted by a special registration deputy
19appointed under s. 6.26, the board or municipal clerk shall examine the form for
20sufficiency.
AB365,5,25 21(2) If the form is insufficient to accomplish registration or the board or clerk
22knows or has reliable information that the proposed elector is not qualified, the board
23or
clerk shall notify the proposed elector within 5 days, if possible, and request that
24the elector appear at the clerk's office or other another registration center location
25to complete a proper registration or substantiate the information presented.
AB365,6,4
1(3) If the form is submitted later than the close of registration, the board or
2clerk shall make a good faith effort to notify the elector that he or she may register
3at the clerk's office under s. 6.29 or at the proper polling place or other location
4designated under s. 6.55 (2).
AB365,6,15 5(4) If the form is sufficient to accomplish registration and the board or clerk has
6no reliable information to indicate that the proposed elector is not qualified, the
7board or clerk shall enter the elector's name on the registration list and transmit a
81st class letter or postcard to the registrant, specifying the elector's ward or and
9aldermanic district, or both, if any, and polling place. The letter or postcard shall be
10sent within 10 days of receipt of the form. If the letter or postcard is returned, or if
11the board or clerk is informed of a different address than the one specified by the
12elector, the board or clerk shall change the status of the elector on the list from
13eligible to ineligible. The letter or postcard shall be marked in accordance with postal
14regulations to ensure that it will be returned to the board or clerk if the elector does
15not reside at the address given on the letter or postcard.
AB365, s. 8 16Section 8. 6.33 (1) of the statutes, as affected by 2011 Wisconsin Act 23, is
17amended to read:
AB365,8,318 6.33 (1) The board shall prescribe the format, size, and shape of registration
19forms. All nonelectronic forms shall be printed on cards and each item of information
20shall be of uniform font size, as prescribed by the board. Except as provided in this
21subsection, electronic forms shall contain the same information as nonelectronic
22forms.
The municipal clerk shall supply sufficient forms to meet voter registration
23needs. The forms shall be designed to obtain from each applicant information as to
24name; date; residence location; location of previous residence immediately before
25moving to current residence location; citizenship; date of birth; age; the number of

1a current and valid operator's license issued to the elector under ch. 343 or the last
24 digits of the elector's social security account number; whether the applicant has
3resided within the ward or election district for at least 28 the number of consecutive
4days specified in s. 6.02 (1); whether the applicant has been convicted of a felony for
5which he or she has not been pardoned, and if so, whether the applicant is
6incarcerated, or on parole, probation, or extended supervision; whether the applicant
7is disqualified on any other ground from voting; and whether the applicant is
8currently registered to vote at any other location. The Except as provided in s. 6.30
9(5), the
form shall include a space for the applicant's signature. Below the space for
10the signature, the form shall state "Falsification of information on this form is
11punishable under Wisconsin law as a Class I felony.". The form shall include a space
12to enter the name of any special registration deputy under s. 6.26 or 6.55 (6) or
13inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form and
14a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name,
15affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form.
16The form shall include a space for entry of the ward and aldermanic district, if any,
17where the elector resides and any other information required to determine the offices
18and referenda for which the elector is certified to vote. The form shall also include
19a space where the clerk may record an indication of whether the form is received by
20mail or by electronic application, a space where the clerk may record an indication
21of the type of identifying document submitted by the elector as proof of residence
22under s. 6.34 or an indication that the elector's information in lieu of proof of
23residence was verified under s. 6.34 (2m)
, whenever required, and a space where the
24clerk, for any applicant who possesses a valid voting identification card issued to the
25person under s. 6.47 (3), may record the identification serial number appearing on

1the voting identification card. Each county clerk shall obtain sufficient registration
2forms for completion by an elector who desires to register to vote at the office of the
3county clerk under s. 6.28 (4).
AB365, s. 9 4Section 9. 6.33 (2) (a) of the statutes is amended to read:
AB365,8,175 6.33 (2) (a) All information may be recorded by any person, except that the ward
6and aldermanic district, if any, other geographic information under sub. (1), the
7indication of whether the registration is received by mail or by electronic application,
8the type of identifying document submitted by the elector as proof of residence under
9s. 6.34 or the indication of verification of information in lieu of proof of residence
10under s. 6.34 (2m)
, whenever required, and any information relating to an applicant's
11voting identification card shall be recorded by the clerk. Each Except as provided in
12s. 6.30 (5), each
applicant shall sign his or her own name unless the applicant is
13unable to sign his or her name due to physical disability. In such case, the applicant
14may authorize another elector to sign the form on his or her behalf. If the applicant
15so authorizes, the elector signing the form shall attest to a statement that the
16application is made upon request and by authorization of a named elector who is
17unable to sign the form due to physical disability.
AB365, s. 10 18Section 10. 6.34 (2) of the statutes, as affected by 2011 Wisconsin Act 23, is
19amended to read:
AB365,9,620 6.34 (2) Upon completion of a registration form prescribed under s. 6.33, each
21eligible elector who is required to register under s. 6.27, who is not a military elector
22or an overseas elector, and who registers after the close of registration under s. 6.29
23or 6.86 (3) (a) 2., shall provide an identifying document that establishes proof of
24residence under sub. (3). Each Except as authorized in sub. (2m), each eligible elector
25who is required to register under s. 6.27, who is not a military elector or an overseas

1elector, who registers by mail or by electronic application, and who has not voted in
2an election in this state shall, if voting in person, provide an identifying document
3that establishes proof of residence under sub. (3) or, if voting by absentee ballot,
4provide a copy of an identifying document that establishes proof of residence under
5sub. (3). If the elector registered by mail or by electronic application, the identifying
6document may not be a residential lease.
AB365, s. 11 7Section 11. 6.34 (2m) of the statutes is created to read:
AB365,9,128 6.34 (2m) An elector who registers by electronic application under s. 6.30 (5)
9is not required to provide proof of residence under sub. (2) if, at the time of
10registration, the elector provides the number of a current and valid operator's license
11issued under ch. 343 together with the elector's name and date of birth and the board
12is able to verify the information using the system maintained under sub. (4).
AB365, s. 12 13Section 12. 6.34 (4) of the statutes is created to read:
AB365,9,1714 6.34 (4) The board shall maintain a system that electronically verifies, on an
15instant basis, information submitted in lieu of proof of residence under sub. (2m)
16using the information maintained by the department of transportation pursuant to
17the board's agreement with the secretary of transportation under s. 5.056.
AB365, s. 13 18Section 13. 6.35 (1) (intro.) of the statutes is amended to read:
AB365,9,2119 6.35 (1) (intro.) Under the direction of the municipal clerk or board of election
20commissioners, the original registration forms shall be filed in one of the following
21ways, except as provided in sub. subs. (1m) and (2):
AB365, s. 14 22Section 14. 6.35 (2) of the statutes is created to read:
AB365,9,2523 6.35 (2) The board shall prescribe, by rule, the procedure and methods by which
24municipal clerks and boards of election commissioners shall maintain records of
25registrations that are entered electronically under s. 6.30 (5).
AB365, s. 15
1Section 15. 6.36 (2) (c) of the statutes is amended to read:
AB365,10,72 6.36 (2) (c) The list shall contain, next to the name of each elector, an indication
3of whether proof of residence under s. 6.34 is required for the elector to be permitted
4to vote. Proof Except as authorized in s. 6.34 (2m), proof of residence is required if
5the elector is not a military elector or an overseas elector and the elector registers by
6mail or by electronic application and has not previously voted in an election in this
7state.
AB365, s. 16 8Section 16. 6.40 (1) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 23,
9is amended to read:
AB365,10,2210 6.40 (1) (a) 1. Any registered elector may transfer registration after a change
11of residence within the state by filing in person with the municipal clerk of the
12municipality where the elector resides or by mailing to the municipal clerk a signed
13request stating his or her present address, affirming that this will be his or her
14residence for 28 the number of consecutive days specified in s. 6.02 (1) prior to the
15election and providing the address where he or she was last registered.
16Alternatively, the elector may transfer his or her registration at the proper polling
17place or other registration location under s. 6.02 (2) in accordance with s. 6.55 (2) (a),
18or, if the elector has a current and valid operator's license issued to the elector under
19ch. 343 or a current and valid identification card issued to the elector under s. 343.50,
20the elector may transfer his or her registration electronically under s. 6.30 (5)
. If an
21elector is voting in the ward or election district where the elector formerly resided,
22the change shall be effective for the next election.
AB365, s. 17 23Section 17. 6.40 (1) (c) of the statutes is amended to read:
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