AB365: Bill Text

AB365, s. 12 Section 12. 6.34 (4) of the statutes is created to read:

AB365,9,17 6.34 (4) The board shall maintain a system that electronically verifies, on an instant basis, information submitted in lieu of proof of residence under sub. (2m) using the information maintained by the department of transportation pursuant to the board's agreement with the secretary of transportation under s. 5.056.

AB365, s. 13 Section 13. 6.35 (1) (intro.) of the statutes is amended to read:

AB365,9,21 6.35 (1) (intro.) Under the direction of the municipal clerk or board of election commissioners, the original registration forms shall be filed in one of the following ways, except as provided in sub. subs. (1m) and (2):

AB365, s. 14 Section 14. 6.35 (2) of the statutes is created to read:

AB365,9,25 6.35 (2) The board shall prescribe, by rule, the procedure and methods by which municipal clerks and boards of election commissioners shall maintain records of registrations that are entered electronically under s. 6.30 (5).

AB365, s. 15 Section 15. 6.36 (2) (c) of the statutes is amended to read:

AB365,10,7 6.36 (2) (c) The list shall contain, next to the name of each elector, an indication of whether proof of residence under s. 6.34 is required for the elector to be permitted to vote. Proof Except as authorized in s. 6.34 (2m), proof of residence is required if the elector is not a military elector or an overseas elector and the elector registers by mail or by electronic application and has not previously voted in an election in this state.

AB365, s. 16 Section 16. 6.40 (1) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

AB365,10,22 6.40 (1) (a) 1. Any registered elector may transfer registration after a change of residence within the state by filing in person with the municipal clerk of the municipality where the elector resides 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 28 the number of consecutive days specified in s. 6.02 (1) 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), or, if the elector has a current and valid operator's license issued to the elector under ch. 343 or a current and valid identification card issued to the elector under s. 343.50, the elector may transfer his or her registration electronically under s. 6.30 (5). If an elector is voting in the ward or election district where the elector formerly resided, the change shall be effective for the next election.

AB365, s. 17 Section 17. 6.40 (1) (c) of the statutes is amended to read:

AB365,11,7 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), or, if the elector has a current and valid operator's license issued to the elector under ch. 343 or a current and valid identification card issued under s. 343.50, the elector may make notification of a name change electronically under s. 6.30 (5).

AB365, s. 18 Section 18. 6.50 (10) of the statutes is amended to read:

AB365,11,13 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 6.55 (2), or, if the elector has a current and valid operator's license issued to the elector under ch. 343 or a current and valid identification card issued under s. 343.50, may reregister under s. 6.30 (5).

AB365, s. 19 Section 19. 6.55 (2) (d) of the statutes is amended to read:

AB365,11,21 6.55 (2) (d) A registered elector who has changed his or her name but resides at the same address, and has not notified the municipal clerk previously provided notice of the change 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 elector has changed both a name and address, the elector shall register at the polling place or other registration location under pars. (a) and (b).

AB365, s. 20 Section 20. 6.86 (3) (c) of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

AB365,12,18 6.86 (3) (c) An application under par. (a) 1. 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. shall be made by the municipal clerk and used to check that the electors vote only once, and by absentee ballot. If Except as provided in s. 6.34 (2m), if the elector is registering for the election after the close of registration or if the elector registered by mail or by electronic application and has not voted in an election in this state, the municipal clerk shall inform the agent that proof of residence under s. 6.34 is required and the elector shall enclose proof of residence under s. 6.34 in the envelope with the ballot. The clerk shall verify that the name on any required proof of identification presented by the agent conforms to the name on the elector's application. The clerk shall then enter his or her initials on the carrier envelope indicating that the agent presented proof of identification to the clerk. The agent is not required to enter a signature on the registration list. 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 to the polling place serving the hospitalized elector's residence before the closing hour or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk no later than 8 p.m. on election day.

AB365, s. 21 Section 21. 6.87 (4) (b) 1. of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

AB365,14,2 6.87 (4) (b) 1. Except as otherwise provided in s. 6.875, the elector voting absentee shall make and subscribe to the certification before one witness who is an adult U.S. citizen. The absent elector, in the presence of the witness, shall mark the ballot in a manner that will not disclose how the elector's vote is cast. The elector shall then, still in the presence of the witness, fold the ballots so each is separate and so that the elector conceals the markings thereon and deposit them in the proper envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that the elector conceals the markings thereon and deposit the ballot in the proper envelope. Except as authorized in subds. 2. to 5. and s. 6.875 (6) and notwithstanding s. 343.43 (1) (f), if the elector has not enclosed a copy of his or her proof of identification with his or her application, the elector shall enclose a copy of the proof of identification in the manner provided in sub. (1) in the envelope, unless the elector is a military elector or an overseas elector or the elector has a confidential listing under s. 6.47 (2). If proof of residence under s. 6.34 is required and the document enclosed by the elector under this subdivision does not constitute proof of residence under s. 6.34, the elector shall also enclose proof of residence under s. 6.34 in the envelope. Proof Except as authorized in s. 6.34 (2m), proof of residence is required if the elector is not a military elector or an overseas elector and the elector registered by mail or by electronic application and has not voted in an election in this state. If the elector requested a ballot by means of facsimile transmission or electronic mail under s. 6.86 (1) (ac), the elector shall enclose in the envelope a copy of the request which bears an original signature of the elector. The elector may receive assistance under sub. (5). The return envelope shall then be sealed. The witness may not be a candidate. The envelope shall be mailed by the elector, or delivered in person, to the municipal clerk issuing the ballot or ballots. If the envelope is mailed from a location outside the United States, the elector shall affix sufficient postage unless the ballot qualifies for delivery free of postage under federal law. Failure to return an unused ballot in a primary does not invalidate the ballot on which the elector's votes are cast. Return of more than one marked ballot in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an electronic voting system in a primary which is marked for candidates of more than one party invalidates all votes cast by the elector for candidates in the primary.

AB365, s. 22 Section 22. 7.08 (1) (c) of the statutes is amended to read:

AB365,14,8 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4) and (5), 6.33 (1), 6.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.

AB365, s. 23 Section 23. 85.61 (1) of the statutes is amended to read:

AB365,14,18 85.61 (1) The secretary of transportation and the administrator of the elections division of the government accountability board shall enter into an agreement to match personally identifiable information on the official registration list maintained by the government accountability board under s. 6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the administrator of the elections division of the government accountability board to verify the accuracy of the information provided for the purpose of voter registration.

AB365, s. 24 Section 24. 343.027 of the statutes is amended to read:

AB365,14,25 343.027 Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential, except that the department shall release a signature or a facsimile of a signature to the department of revenue for the purposes of administering state taxes and collecting debt, to the government accountability board, in electronic or digital format, for the purposes specified in s. 6.30 (5), or to the person to whom the signature relates.

AB365, s. 25 Section 25. 343.027 of the statutes, as affected by 2007 Wisconsin Act 20 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

AB365,15,10 343.027 Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential, except that the department shall release a signature or a facsimile of a signature to the department of revenue for the purposes of administering state taxes and collecting debt, to the government accountability board, in electronic or digital format, for the purposes specified in s. 6.30 (5), to the person to whom the signature relates, to a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, or to the driver licensing agency of another jurisdiction.

AB365, s. 26 Section 26. Nonstatutory provisions.

AB365,15,18 (1) No later than the 20th day following the end of each calendar quarter, the government accountability board and the department of transportation shall each report to the appropriate standing committees of the legislature in the manner provided in section 13.172 (3) of the statutes concerning its progress in implementing an electronic voter registration system. The board and department shall continue to file reports under this subsection until the board determines that implementation is complete and the performance of the system is satisfactory.

AB365, s. 27 Section 27. Fiscal changes.

AB365,16,3 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the government accountability board under section 20.511 (1) (a) of the statutes, as affected by the acts of 2011, the dollar amount is increased by $-0- for the first fiscal year of the fiscal biennium in which this subsection takes effect to implement the provisions of this act. In the schedule under section 20.005 (3) of the statutes for the appropriation to the government accountability board under section 20.511 (1) (a) of the statutes, as affected by the acts of 2011, the dollar amount is increased by $-0- for the second fiscal year of the fiscal biennium in which this subsection takes effect to implement the provisions of this act.

AB365,16,12 (2) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (4) (aq) of the statutes, as affected by the acts of 2011, the dollar amount is increased by $-0- for the first fiscal year of the fiscal biennium in which this subsection takes effect to implement the provisions of this act. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (4) (aq) of the statutes, as affected by the acts of 2011, the dollar amount is increased by $-0- for the second fiscal year of the fiscal biennium in which this subsection takes effect to implement the provisions of this act.

AB365, s. 28 Section 28. Initial applicability.

AB365,16,16 (1) This act first applies with respect to registration for voting at the first spring or September primary election that follows the effective date of this subsection by at least 6 months.

AB365, s. 29 Section 29. Effective dates. This act takes effect on the day after publication, except as follows:

AB365,16,21 (1) The repeal and recreation of section 343.027 of the statutes takes effect on the day after publication, or on the date on which the creation of section 343.165 of the statutes by 2007 Wisconsin Act 20 takes effect, whichever is later.

AB365,16,22 (End)