AB869: Bill Text

AB869,29,7 6.87 (4) (b) 1. Except as otherwise provided in sub. (2m) and 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. 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) and (2n), 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 or confirmed his or her registration after the close of registration 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.

AB869,42 Section 42. 7.08 (1) (c) of the statutes is amended to read:

AB869,29,13 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.

AB869,43 Section 43. 7.08 (1) (cm) of the statutes is created to read:

AB869,29,17 7.08 (1) (cm) Prescribe the form required by s. 6.30 (5). The form shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form.

AB869,44 Section 44. 12.13 (1) (b) of the statutes is amended to read:

AB869,29,21 12.13 (1) (b) Falsely procures registration, confirms inaccurate registration information, or makes false statements to the municipal clerk, board of election commissioners or any other election official whether or not under oath.

AB869,45 Section 45. 12.13 (1) (c) of the statutes is amended to read:

AB869,29,24 12.13 (1) (c) Registers as an elector in more than one place for the same election or confirms 2 or more simultaneous registrations to vote in the same election.

AB869,46 Section 46. 12.13 (1) (d) of the statutes is amended to read:

AB869,30,3 12.13 (1) (d) Impersonates a registered elector or a person whose unconfirmed registration appears on the registration list or poses as another person for the purpose of voting at an election.

AB869,47 Section 47. 12.13 (2) (b) 3. of the statutes is amended to read:

AB869,30,9 12.13 (2) (b) 3. Permit registration, confirmation of registration or receipt of a vote from a person who the official knows is not a legally qualified elector or who has refused after being challenged to make the oath or to properly answer the necessary questions pertaining to the requisite requirements and residence; or put into the ballot box a ballot other than the official's own or other one lawfully received.

AB869,48 Section 48. 85.61 (1) of the statutes is amended to read:

AB869,30,24 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), the information specified in s. 6.34 (2m) and (2n), and other information specified in s. 6.256 (2) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341, notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), 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. Notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), but subject to s. 343.14 (2p) (b) the agreement shall provide for the transfer of electronic information under s. 6.256 (2) to the board on a continuous basis, no less often than monthly.

AB869,49 Section 49. 343.027 of the statutes is amended to read:

AB869,31,8 343.027 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.

AB869,50 Section 50. 343.14 (2p) of the statutes is created to read:

AB869,31,15 343.14 (2p) (a) The forms for application for a license or identification card or for renewal thereof shall inform the applicant of the department's duty to make available to the government accountability board the information described in s. 6.256 (2) for the purposes specified in s. 6.256 (1) and (3) and shall provide the applicant an opportunity to elect not to have this information made available for these purposes.

AB869,31,21 (b) If the applicant elects not to have the information described in s. 6.256 (2) made available for the purposes specified in s. 6.256 (1) and (3), the department shall not make this information available for these purposes. This paragraph does not preclude the department from making available to the government accountability board information for the purposes specified in s. 6.34 (2m) or for any purpose other than those specified in s. 6.256 (1) and (3).

AB869,51 Section 51. Nonstatutory provisions.

AB869,32,5 (1) Progress reports on implementation. 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.

AB869,32,12 (2) Initial sharing of registration information. Notwithstanding section 85.61 (1) of the statutes, as affected by this act, and sections 110.09 (2), 342.06 (1) (eg), and 343.14 (2j) of the statutes, the department of transportation shall enter into and begin transferring information under a revised agreement with the administrator of the elections division of the government accountability board pursuant to section 85.61 (1) of the statutes, as affected by this act, no later than the first day of the 4th month beginning after the effective date of this subsection.

AB869,33,2 (3) Report on voter registration information integration. No later than July 1, 2015, the board shall report to the appropriate standing committees of the legislature, in the manner specified in section 13.172 (3) of the statutes, concerning its progress in initially implementing a system to ensure the complete and continuous registration of all eligible electors in this state, specifically including the operability and utility of information integration with the department of transportation and the desirability and feasibility of integrating public information maintained by other state agencies and by technical colleges with the board's registration information to enhance the completeness and accuracy of the information. At a minimum, the report shall contain an assessment of the feasibility and desirability of the integration of registration information with information maintained by the departments of health services, children and families, workforce development, revenue, regulation and licensing, and natural resources, the University of Wisconsin System, and the technical college system board, as well as the technical colleges within each technical college district.

AB869,33,3 (4) Review of expenditures made to implement this act.

AB869,33,19 (a) Notwithstanding section 20.511 of the statutes and all provisions of this act, the government accountability board shall not encumber or expend any amount of money to implement or administer this act unless the legal counsel to the board first notifies the cochairpersons of the joint committee on finance in writing of the proposed encumbrance or expenditure. If the cochairpersons do not notify the legal counsel that the committee has scheduled a meeting for the purpose of reviewing the proposed expenditure within 14 working days after the date of the legal counsel's notification, the board may encumber or expend the money as proposed. If, within 14 working days after the date of the legal counsel's notification, the cochairpersons notify the legal counsel that the committee has scheduled a meeting for the purpose of reviewing the proposed encumbrance or expenditure, the board shall not make the proposed encumbrance or expenditure unless the committee approves the proposed encumbrance or expenditure or modifies and approves the proposed encumbrance or expenditure. If the committee modifies and approves the proposed encumbrance or expenditure, the board may make the proposed encumbrance or expenditure only as modified by the committee.

AB869,33,20 (b) Paragraph (a ) does not apply after June 30, 2015.

AB869,33,22 (5) Required general fund balance. Section 20.003 (4) of the statutes does not apply to the action of the legislature in enacting this act.

AB869,52 Section 52. Fiscal changes.

AB869,34,7 (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 2013, 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 2013, 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.

AB869,34,16 (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 2013, 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 2013, 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.

AB869,53 Section 53 . Initial applicability.

AB869,34,20 (1) This act first applies with respect to registration for voting at the first spring or partisan primary election that follows the effective date of this subsection by at least 6 months.

AB869,34,21 (End)