AB379: Bill Text

AB379,12,25 6.33 (1) The board shall prescribe the format, size, and shape of registration forms. All nonelectronic forms shall be printed on cards and each item of information shall be of uniform font size, as prescribed by the board. Except as otherwise provided in this subsection, electronic forms shall contain the same information as nonelectronic forms. The municipal clerk shall supply sufficient forms to meet voter registration needs. The forms shall be designed to obtain from each applicant information as to name; date; residence location; location of previous residence immediately before moving to current residence location; citizenship; date of birth; age; the number of a current and valid operator's license issued to the elector under ch. 343 or the last 4 digits of the elector's social security account number; whether the applicant has resided within the ward or election district for at least 28 the number of consecutive days specified in s. 6.02 (1); whether the applicant has been convicted of a felony for which he or she has not been pardoned, and if so, whether the applicant is incarcerated, or on parole, probation, or extended supervision; whether the applicant is disqualified on any other ground from voting; and whether the applicant is currently registered to vote at any other location. The Except as provided in s. 6.30 (5), the form shall include a space for the applicant's signature. Below the space for the signature, the form shall state "Falsification of information on this form is punishable under Wisconsin law as a Class I felony.". The form shall include a space to enter the name of any special registration deputy under s. 6.26 or 6.55 (6) or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name, affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form. The form shall include a space for entry of the ward and aldermanic district, if any, where the elector resides and any other information required to determine the offices and referenda for which the elector is certified to vote. The form shall also include a space where the clerk may record an indication of whether the form is received by mail or by electronic application, a space where the clerk shall record an indication of the type of identifying document submitted by the elector as proof of residence under s. 6.34 or an indication that the elector's information in lieu of proof of residence was verified under s. 6.34 (2m), the name of the entity or institution that issued the identifying document, and, if the identifying document includes a number that applies only to the individual holding that document, that number. The form shall also include a space where the clerk, for any applicant who possesses a valid voting identification card issued to the person under s. 6.47 (3), may record the identification serial number appearing on the voting identification card. Each county clerk shall obtain sufficient registration forms for completion by an elector who desires to register to vote at the office of the county clerk under s. 6.28 (4).

AB379,11 Section 11. 6.33 (2) (a) of the statutes is amended to read:

AB379,13,14 6.33 (2) (a) All information may be recorded by any person, except that the ward and aldermanic district, if any, other geographic information under sub. (1), the indication of whether the registration is received by mail or by electronic application, the type of identifying document submitted by the elector as proof of residence under s. 6.34 or the indication of verification of information in lieu of proof of residence under s. 6.34 (2m), and any information relating to an applicant's voting identification card shall be recorded by the clerk. Each Except as provided in s. 6.30 (5), each applicant shall sign his or her own name unless the applicant is unable to sign his or her name due to physical disability. In such case, the applicant may authorize another elector to sign the form on his or her behalf. If the applicant so authorizes, the elector signing the form shall attest to a statement that the application is made upon request and by authorization of a named elector who is unable to sign the form due to physical disability.

AB379,12 Section 12. 6.33 (5) (b) of the statutes is amended to read:

AB379,14,2 6.33 (5) (b) The municipal clerk of any municipality may, by mutual consent, designate any other municipal clerk or any county clerk as the clerk's agent to carry out the functions of the municipal clerk under this section for that municipality. The municipal clerk shall notify the county clerk of each county in which the municipality is located and the board of any such designation in writing. The municipal clerk may, by similar notice to the clerk's agent at least 14 days prior to the effective date of any change, discontinue the designation. If the municipal clerk designates another municipal clerk or a county clerk as his or her agent, the municipal clerk shall immediately forward all registration changes filed with the clerk and voting record information obtained by the clerk to the clerk's agent for electronic entry on the registration list. The board may collect, process, and approve registration forms for electronic registrations and for all other registrations that the board receives.

AB379,13 Section 13. 6.34 (2) of the statutes is amended to read:

AB379,14,8 6.34 (2) Upon completion of a registration form prescribed under s. 6.33, each eligible elector who is required to register under s. 6.27, who is not a military elector or an overseas elector, shall provide an identifying document that establishes proof of residence under sub. (3). If the elector registered by mail or by electronic application, the identifying document may not be a residential lease.

AB379,14 Section 14. 6.34 (2m) of the statutes is created to read:

AB379,14,14 6.34 (2m) An elector who registers by electronic application under s. 6.30 (5) is not required to provide proof of residence under sub. (2) if, at the time of registration, the elector provides the number of a current and valid operator's license issued under ch. 343 together with the elector's name and date of birth and the board is able to verify the information using the system maintained under sub. (4).

AB379,15 Section 15. 6.34 (4) of the statutes is created to read:

AB379,14,20 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) by an elector who registers electronically using the information maintained by the department of transportation pursuant to the board's agreement with the secretary of transportation under s. 85.61 (1).

AB379,16 Section 16. 6.35 (1) (intro.) of the statutes is amended to read:

AB379,14,24 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):

AB379,17 Section 17. 6.35 (2) of the statutes is created to read:

AB379,15,3 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).

AB379,18 Section 18. 6.35 (3) of the statutes is amended to read:

AB379,15,9 6.35 (3) Original Except for electronic registrations, original registration forms shall be maintained in the office of the municipal clerk or board of election commissioners at all times. The board shall maintain electronic registration forms and make such forms available for inspection by the municipal clerk, the clerk's designated agent, or the board of election commissioners.

AB379,19 Section 19. 6.36 (2) (c) of the statutes is amended to read:

AB379,15,18 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. If proof of residence is provided, the type of identifying document submitted by the elector and the name of the entity or institution that issued the identifying document shall be entered on the list in the space provided. 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.

AB379,20 Section 20. 6.40 (1) (a) 1. of the statutes is amended to read:

AB379,16,7 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.

AB379,21 Section 21. 6.40 (1) (c) of the statutes is amended to read:

AB379,16,17 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).

AB379,22 Section 22. 6.50 (10) of the statutes is amended to read:

AB379,16,23 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).

AB379,23 Section 23. 6.55 (2) (d) of the statutes is amended to read:

AB379,17,7 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).

AB379,24 Section 24. 6.86 (3) (c) of the statutes is amended to read:

AB379,18,3 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.

AB379,25 Section 25. 6.87 (4) (b) 1. of the statutes is amended to read:

AB379,19,7 6.87 (4) (b) 1. Except as otherwise provided in s. ss. 6.34 (2m) and 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), 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.

AB379,26 Section 26. 7.08 (1) (c) of the statutes is amended to read:

AB379,19,13 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.

AB379,27 Section 27. 7.08 (1) (cm) of the statutes is created to read:

AB379,19,17 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.

AB379,28 Section 28. 85.61 (1) of the statutes is amended to read:

AB379,20,7 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) 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.

AB379,29 Section 29. 343.027 of the statutes is amended to read:

AB379,20,16 343.027 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.

AB379,30 Section 30. 343.14 (2p) of the statutes is created to read:

AB379,20,23 343.14 (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.

AB379,21,4 (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).

AB379,31 Section 31. Nonstatutory provisions.

AB379,21,13 (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.

AB379,21,20 (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.

AB379,22,10 (3) Report on voter registration information integration. No later than July 1, 2017, the government accountability 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 feasibility and desirability 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.

AB379,22,11 (4) Review of expenditures made to implement this act.

AB379,23,2 (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.

AB379,23,3 (b) Paragraph (a ) does not apply after June 30, 2017.

AB379,23,5 (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.

AB379,23,6 (End)