Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB571 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 571
5	5	October 26, 2023 - Introduced by Representatives DITTRICH, MAXEY, MICHALSKI, S.
6	6	JOHNSON, EDMING, O'CONNOR, MURPHY, CALLAHAN, RETTINGER, ARMSTRONG,
7	7	MOSES and ROZAR. Referred to Committee on Campaigns and Elections.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to renumber 5.84 (1) and 7.315 (2); to renumber and amend 6.50 (3);
10	10	to amend 5.056, 5.40 (7), 7.08 (1) (a), 7.08 (1) (c), 7.15 (1m), 85.61 (1) and 301.03
11	11	(20m); and to create 5.057, 5.058, 5.84 (1) (b), 5.84 (4), 6.36 (1) (ae) 3., 6.50 (3)
12	12	(b) and (c), 6.50 (4m), 7.15 (16), 7.23 (1) (jm), 7.315 (2) (b) and 69.03 (16) of the
13	13	statutes; relating to: maintenance of the voter registration list, training of
14	14	municipal clerks, data sharing agreements, pre-election procedures, lines at
15	15	the polls on election day, and granting rule-making authority.
16	16	Analysis by the Legislative Reference Bureau
17	17	Electronic Registration Information Center
18	18	Under current law, if a municipal clerk or board of election commissioners
19	19	receives reliable information that a voter has moved outside of the municipality, the
20	20	clerk or board of election commissioners must send a letter or postcard to the voter
21	21	to verify the voter's address and change the voter's status on the registration list from
22	22	eligible to ineligible if the voter's address has changed. Under this bill, if the
23	23	Elections Commission receives reliable information that a voter has moved outside
24	24	of the municipality specified on the voter's registration or to different address within
25	25	that municipality, the commission must send a letter or postcard to the voter to verify
26	26	the voter's address and change the voter's status on the registration list from eligible
27	27	to ineligible if the voter's address has changed. Under the bill, if the municipal clerk
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37	37	or board of election commissioners receives reliable information that a voter has
38	38	moved, neither the clerk nor the board is required to send a letter or postcard to that
39	39	elector if the commission has also received reliable information that the elector has
40	40	moved. In that case, the commission must send a letter or postcard to the elector to
41	41	verify the voter's address.
42	42	Under the bill, information received from the Electronic Registration
43	43	Information Center, Inc., is considered reliable information for purposes of
44	44	determining whether a voter has moved. In addition, the bill requires the
45	45	commission to request available information from ERIC at least once every 90 days
46	46	and to annually request information from ERIC regarding eligible, but unregistered,
47	47	residents of this state. Furthermore, the commission must, when it becomes
48	48	available following an election for a national office, request information from ERIC
49	49	regarding registered voters who may have voted multiple times in the same election.
50	50	Data sharing agreements
51	51	Current law requires the administrator of the Elections Commission to enter
52	52	into an agreement with the secretary of the Department of Transportation to match
53	53	personally identifiable information on the official registration list maintained by the
54	54	commission with personally identifiable information maintained by DOT in vehicle
55	55	registration and license records. The bill requires the administrator and the
56	56	secretary to update the agreement at least once every two years. In addition, the bill
57	57	requires DOT to conduct matching of personally identifiable information maintained
58	58	by DOT with that on the registration list on a daily basis. Under the bill, if the
59	59	information on the official registration list for an individual does not match the
60	60	information for the individual maintained by DOT, DOT must provide to the
61	61	commission the name and date of birth of the individual and the number of the
62	62	driver's license or identification card issued by DOT to the individual. The bill also
63	63	requires DOT to indicate to the commission whether the individual reported a
64	64	change of address for purposes of updating records regarding a driver's license,
65	65	identification card, or vehicle registration.
66	66	Under current law, the municipal clerk must change the registration of
67	67	deceased electors from eligible to ineligible status by means of checking vital
68	68	statistics reports. Current law requires the Department of Health Services to
69	69	establish the Office of Vital Records and to appoint a state registrar to supervise the
70	70	office. Generally, the Office of Vital Records and the state registrar are responsible
71	71	for accepting, indexing, and preserving vital records, such as original marriage
72	72	documents and records of birth, death, and divorce. The bill requires the
73	73	administrator of the Elections Commission and the state registrar to enter into an
74	74	agreement to match personally identifiable information from the registration list
75	75	with the death records maintained by the Office of Vital Records. The administrator
76	76	and the state registrar must update the agreement at least once every two years.
77	77	Under the bill, the Office of Vital Records must conduct matching of personally
78	78	identifiable information on a daily basis and immediately notify the administrator
79	79	of the Elections Commission of the name, date of birth, date of death, and place of
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84	84	Records has a death record. The commission must then change the registration
85	85	status of the person from eligible to ineligible.
86	86	Under current law, the Department of Corrections must transmit to the
87	87	commission, on a continuous basis, a list containing the name of each living person
88	88	who has been convicted of a felony and whose civil rights have not been restored,
89	89	together with the person's residential address and the date on which DOC expects
90	90	the person's civil rights to be restored. The bill requires DOC to transmit this
91	91	information to the commission on a daily basis. In addition, the bill requires the
92	92	secretary of DOC and the administrator of the Elections Commission to enter into
93	93	an agreement to match personally identifiable information from the registration list
94	94	with the personally identifiable information maintained by DOC and update that
95	95	agreement at least once every two years.
96	96	Electronic voting equipment
97	97	Current law requires the municipal clerk of each municipality that employs an
98	98	electronic voting system that uses automatic tabulating equipment at a polling place
99	99	or a central count location to conduct a public test of the equipment not more than
100	100	10 days before an election. Under the bill, the municipal clerk is also required to
101	101	conduct a test of the equipment according to specifications recommended by the
102	102	equipment manufacturer and to conduct that test prior to the public test of the
103	103	equipment under current law. In addition, the bill requires the Elections
104	104	Commission to promulgate rules for training municipal clerks for the testing of
105	105	automatic tabulating equipment and for the use of tamper-evident seals on all
106	106	electronic voting equipment.
107	107	Under current law, a municipal clerk must notify, in writing, the county clerk
108	108	and the administrator of the Elections Commission whenever the municipality
109	109	adopts and purchases voting machines or an electronic voting system. The bill
110	110	requires that the municipal clerk notify the county clerk and the administrator also
111	111	whenever the municipality adopts and rents voting machines or an electronic voting
112	112	system.
113	113	Training
114	114	Current law requires each municipal clerk to attend training sponsored by the
115	115	Elections Commission at least once every two years. Current law also requires the
116	116	commission to prescribe by rule the contents of the training. Under the bill, each
117	117	municipal clerk is required to complete at least three hours of training prior to
118	118	conducting an election for the first time. The bill also requires the commission to
119	119	notify the county clerk, prior to an election, if a municipal clerk in the county fails
120	120	to attend the required training prior to conducting an election for the first time or
121	121	fails to attend annual training sponsored by the commission. If a county clerk
122	122	receives such a notification, the county clerk must facilitate the training of the
123	123	municipal clerk and may assume the election duties of the municipal clerk for that
124	124	election. Under the bill, if the county clerk facilitates the training or assumes the
125	125	election duties of the municipal clerk, the municipality must reimburse the county
126	126	for all reasonable expenses incurred by the county for providing training to the
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130	130	Vacancies
131	131	The bill requires a municipality to notify the Elections Commission of a vacancy
132	132	in the position of municipal clerk and requires the commission to notify the county
133	133	clerk of that vacancy. Under the bill, if the vacancy occurs within 20 days prior to
134	134	the date of an election and a deputy municipal clerk has not been appointed prior to
135	135	that election, the county clerk may assume the duties of the municipal clerk with
136	136	regard to that election or designate another qualified individual to assume those
137	137	duties.
138	138	Default dates
139	139	The bill requires the Elections Commission to remove any default birthdate or
140	140	registration date in the official registration list and to replace those dates with actual
141	141	dates. Currently, the registration list contains a number of default dates that
142	142	resulted from the migration of a past registration system to the current one.
143	143	Reviewing forms
144	144	Finally, the bill requires the Elections Commission to review at least once every
145	145	four years all forms that the commission provides to the public, including ballot and
146	146	registration forms. The bill also requires the commission to review the forms for
147	147	accessibility, usability, clarity, and readability and to update the forms as needed.
148	148	For further information see the state and local fiscal estimate, which will be
149	149	printed as an appendix to this bill.
150	150	The people of the state of Wisconsin, represented in senate and assembly, do
151	151	enact as follows:
152	152	SECTION 1. 5.056 of the statutes is amended to read:
153	153	5.056 Matching program with secretary of transportation. The
154	154	commission administrator shall enter into the agreement with the secretary of
155	155	transportation specified under s. 85.61 (1) to match personally identifiable
156	156	information on the official registration list maintained by the commission under s.
157	157	6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable
158	158	information maintained by the department of transportation. The administrator
159	159	and the secretary shall update the agreement at least once every 2 years.
160	160	SECTION 2. 5.057 of the statutes is created to read:
161	161	5.057 Matching program with the state registrar . The commission
162	162	administrator shall enter into the agreement specified under s. 69.03 (16) with the
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176	176	SECTION 2
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178	178	state registrar appointed under s. 69.02 (1) (b) to match personally identifiable
179	179	information on the official registration list maintained by the commission under s.
180	180	6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable
181	181	information and vital statistics maintained by the state registrar. The administrator
182	182	and the registrar shall update the agreement at least once every 2 years.
183	183	SECTION 3. 5.058 of the statutes is created to read:
184	184	5.058 Matching program with the department of corrections. The
185	185	commission administrator shall enter into the agreement with the secretary of
186	186	corrections specified under s. 301.03 (20m) to match personally identifiable
187	187	information on the official registration list maintained by the commission under s.
188	188	6.36 (1) and the information specified in s. 6.34 (2m) with the personally identifiable
189	189	information provided under s. 301.03 (20m). The administrator and the secretary
190	190	shall update the agreement at least once every 2 years.
191	191	SECTION 4. 5.40 (7) of the statutes is amended to read:
192	192	5.40 (7) Whenever a municipality adopts and purchases or rents voting
193	193	machines or an electronic voting system, or adopts and purchases or rents a different
194	194	type of voting machine or electronic voting system from the type it was previously
195	195	using, the municipal clerk or executive director of the municipal board of election
196	196	commissioners shall promptly notify the county clerk or executive director of the
197	197	county board of election commissioners and the administrator of the elections
198	198	commission in writing.
199	199	SECTION 5. 5.84 (1) of the statutes is renumbered 5.84 (1) (a).
200	200	SECTION 6. 5.84 (1) (b) of the statutes is created to read:
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225	225	SECTION 6 ASSEMBLY BILL 571
226	226	5.84 (1) (b) Prior to the test of automatic tabulating equipment open to the
227	227	public under par. (a), the municipal clerk shall conduct a test of the equipment
228	228	according to specifications recommended by the equipment manufacturer.
229	229	SECTION 7. 5.84 (4) of the statutes is created to read:
230	230	5.84 (4) The commission shall promulgate rules for training municipal clerks
231	231	for the testing of equipment under sub. (1) and for the use of tamper-evident seals
232	232	on all electronic voting equipment.
233	233	SECTION 8. 6.36 (1) (ae) 3. of the statutes is created to read:
234	234	6.36 (1) (ae) 3. If the chief election officer enters into an agreement under subd.
235	235	1., the commission shall request available information from the Electronic
236	236	Registration Information Center, Inc., at least once every 90 days, except as follows:
237	237	a. The commission shall annually request information from the Electronic
238	238	Registration Information Center, Inc., regarding eligible, but unregistered residents
239	239	of this state.
240	240	b. The commission shall, when it becomes available following an election for
241	241	a national office, request information from the Electronic Registration Information
242	242	Center, Inc., regarding registered voters who may have voted multiple times in the
243	243	same election.
244	244	SECTION 9. 6.50 (3) of the statutes is renumbered 6.50 (3) (a) and amended to
245	245	read:
246	246	6.50 (3) (a) Upon receipt of reliable information that a registered elector has
247	247	changed his or her residence to a location outside of the municipality, the municipal
248	248	clerk or board of election commissioners shall notify the elector by mailing a notice
249	249	by 1st class mail to the elector's registration address stating the source of the
250	250	information. All municipal departments and agencies receiving information that a
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278	278	SECTION 9
279	279	ASSEMBLY BILL 571
280	280	registered elector has changed his or her residence shall notify the clerk or board of
281	281	election commissioners. If the elector no longer resides in the municipality or fails
282	282	to apply for continuation of registration within 30 days of the date the notice is
283	283	mailed, the clerk or board of election commissioners shall change the elector's
284	284	registration from eligible to ineligible status. Upon receipt of reliable information
285	285	that a registered elector has changed his or her residence within the municipality,
286	286	the municipal clerk or board of election commissioners shall change the elector's
287	287	registration and mail the elector a notice of the change. This subsection paragraph
288	288	does not restrict the right of an elector to challenge any registration under s. 6.325,
289	289	6.48, 6.925, 6.93, or 7.52 (5). This paragraph does not apply if the commission also
290	290	receives reliable information that the registered elector has changed his or her
291	291	residence to a location outside of the municipality and sends notice to the elector
292	292	under par. (b).
293	293	SECTION 10. 6.50 (3) (b) and (c) of the statutes are created to read:
294	294	6.50 (3) (b) If the commission receives reliable information that a registered
295	295	elector has changed his or her residence to a location outside of the municipality
296	296	specified on the elector's registration or to a different address within the
297	297	municipality specified on the elector's registration, the commission shall notify the
298	298	elector by mailing a notice by 1st class mail to the elector's registration address
299	299	stating the source of the information. If the elector no longer resides in the
300	300	municipality specified on the elector's registration, resides at a different address
301	301	within that municipality, or fails to apply for continuation of registration within 30
302	302	days of the date the notice is mailed, the commission shall change the elector's
303	303	registration from eligible to ineligible status. This paragraph does not restrict the
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329	329	SECTION 10 ASSEMBLY BILL 571
330	330	right of an elector to challenge any registration under s. 6.325, 6.48, 6.925, 6.93, or
331	331	7.52 (5).
332	332	(c) Information received from the Electronic Registration Information Center,
333	333	Inc., is reliable information for purposes of this subsection. If a municipal clerk or
334	334	board of election commissioners receives information from the Electronic
335	335	Registration Information Center, Inc., that a voter has changed residence, the clerk
336	336	or board shall comply with the requirements under par. (a). If the commission
337	337	receives such information, the commission shall comply with the requirements
338	338	under par. (b).
339	339	SECTION 11. 6.50 (4m) of the statutes is created to read:
340	340	6.50 (4m) If the commission determines, on the basis of the information
341	341	received under s. 69.03 (16), 85.61 (1), or 301.03 (20m), that a person on the official
342	342	registration list maintained by the commission under s. 6.36 (1) is deceased or not
343	343	otherwise an eligible elector, the commission shall change the status of the person's
344	344	registration from eligible to ineligible. No notice need be sent of registration changes
345	345	made under this subsection with regard to a deceased elector. This subsection does
346	346	not relieve a municipal clerk or board of election commissioners from the
347	347	responsibility for changing the status of registered electors as otherwise provided
348	348	under this chapter.
349	349	SECTION 12. 7.08 (1) (a) of the statutes is amended to read:
350	350	7.08 (1) (a) Prescribe all official ballot forms necessary under chs. 5 to 10 and
351	351	12 and revise the official ballot forms to harmonize with legislation and the current
352	352	official status of the political parties whenever necessary. The commission shall
353	353	include on each ballot form, in the space for official endorsement, markings or spaces
354	354	for identifying a ballot as an overvoted ballot, a duplicate overvoted ballot, a
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382	382	SECTION 12
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384	384	damaged ballot, or a duplicate damaged ballot, and for writing an identifying serial
385	385	number. The commission shall provide one copy of each ballot form without charge
386	386	to each county and municipal clerk and board of election commissioners. The
387	387	commission shall distribute or arrange for distribution of additional copies. The
388	388	prescribed forms shall be substantially followed in all elections under chs. 5 to 10 and
389	389	12. The commission shall review the ballot forms prescribed under this paragraph
390	390	at least once every 4 years and update the forms as needed. The commission shall
391	391	review the forms for accessibility, usability, clarity, and readability.
392	392	SECTION 13. 7.08 (1) (c) of the statutes is amended to read:
393	393	7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4) and (5), 6.33
394	394	(1), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms shall contain
395	395	a statement of the penalty applicable to false or fraudulent registration or voting
396	396	through use of the form. Forms are not required to be furnished by the commission.
397	397	The commission shall review all forms prescribed under this paragraph and all other
398	398	forms created, maintained, and distributed by the commission, at least once every
399	399	4 years and shall update the forms as needed. The commission shall review the forms
400	400	for accessibility, usability, clarity, and readability.
401	401	SECTION 14. 7.15 (1m) of the statutes is amended to read:
402	402	7.15 (1m) ATTEND TRAINING. Each municipal clerk shall, at least once every 2
403	403	years during the period beginning on January 1 of each even-numbered year and
404	404	ending on December 31 of the following year, attend a training program sponsored
405	405	by the commission under ss. 7.31 and 7.315. Each municipal clerk shall attend at
406	406	least 3 hours of training before conducting an election for the first time.
407	407	SECTION 15. 7.15 (16) of the statutes is created to read:
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433	433	SECTION 15 ASSEMBLY BILL 571
434	434	7.15 (16) VACANCIES. The governing body of a municipality shall notify the
435	435	commission of a vacancy in the position of municipal clerk no later than 30 days after
436	436	the date on which the vacancy occurs and shall notify the commission when a vacancy
437	437	in the office of the municipal clerk is filled no later than 30 days after the date on
438	438	which the clerk assumes his or her duties. The commission shall notify the county
439	439	clerk of any notice it receives under this subsection from a municipality in the county.
440	440	If a vacancy in the office of the municipal clerk occurs within 20 days prior to the date
441	441	of an election and a deputy municipal clerk has not been appointed prior to that
442	442	election, the county clerk may, as prescribed by rule under s. 7.315 (2) (b), assume
443	443	the duties under s. 7.15 (1) of the municipal clerk with regard to that election or
444	444	designate another qualified individual to assume those duties.
445	445	SECTION 16. 7.23 (1) (jm) of the statutes is created to read:
446	446	7.23 (1) (jm) Materials related to the tests conducted under s. 5.84 (1) may be
447	447	destroyed 22 months after the election for which the municipal clerk conducted the
448	448	tests.
449	449	SECTION 17. 7.315 (2) of the statutes is renumbered 7.315 (2) (a).
450	450	SECTION 18. 7.315 (2) (b) of the statutes is created to read:
451	451	7.315 (2) (b) The commission shall, as prescribed by rule of the commission,
452	452	notify the county clerk if a municipal clerk in the county fails to attend the required
453	453	3 hours of training prior to conducting an election for the first time or fails to complete
454	454	the annual training conducted by the commission. The commission shall provide the
455	455	notice under this paragraph no less than 20 days prior to an election being held in
456	456	the municipality. If the county clerk receives a notice under this paragraph, the
457	457	county clerk shall, as prescribed by rule of the commission, facilitate the training of
458	458	the municipal clerk and may, as prescribed by rule of the commission, assume the
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486	486	SECTION 18
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488	488	duties under s. 7.15 (1) of the municipal clerk for that election or designate another
489	489	qualified individual to assume those duties. The municipality shall reimburse the
490	490	county for all reasonable expenses incurred by the county for providing training to
491	491	the municipal clerk or for assuming the election duties of the municipal clerk.
492	492	SECTION 19. 69.03 (16) of the statutes is created to read:
493	493	69.03 (16) Enter into an agreement with the administrator of the elections
494	494	commission to match personally identifiable information on the official registration
495	495	list maintained by the commission under s. 6.36 (1) and the information specified in
496	496	s. 6.34 (2m) with personally identifiable information and the death records
497	497	maintained by the office of vital records established under s. 69.02 (1) (a) to the extent
498	498	required to enable the state registrar and the administrator of the elections
499	499	commission to verify the accuracy of the information provided for the purpose of voter
500	500	registration and changing registration status as provided under s. 6.50 (4) and (4m).
501	501	The registrar and the administrator shall update the agreement at least once every
502	502	2 years. The office of vital records shall conduct matching of personally identifiable
503	503	information as described in this subsection on a daily basis and shall immediately
504	504	notify the administrator of the elections commission of the name, date of birth, date
505	505	of death, and place of death of any person on the official registration list maintained
506	506	by the commission under s. 6.36 (1) for which the office of vital records has a death
507	507	record.
508	508	SECTION 20. 85.61 (1) of the statutes is amended to read:
509	509	85.61 (1) The secretary of transportation and the administrator of the elections
510	510	commission shall enter into an agreement to match personally identifiable
511	511	information on the official registration list maintained by the commission under s.
512	512	6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable
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539	539	SECTION 20 ASSEMBLY BILL 571
540	540	information in the operating record file database under ch. 343 and vehicle
541	541	registration records under ch. 341 to the extent required to enable the secretary of
542	542	transportation and the administrator of the elections commission to verify the
543	543	accuracy of the information provided for the purpose of voter registration. The
544	544	secretary and the administrator shall update the agreement at least once every 2
545	545	years. The department shall conduct matching of personally identifiable
546	546	information as described in this subsection on a daily basis. If the information on the
547	547	official registration list for an individual does not match the information for the
548	548	individual maintained by the department, the department shall provide to the
549	549	administrator of the elections commission the name and date of birth of the
550	550	individual and the number of the operator's license issued under ch. 343 to the
551	551	individual or the number of the identification card issued under s. 343.50 to the
552	552	individual. The department shall also indicate to the administrator whether the
553	553	individual reported a change of address for purposes of updating records regarding
554	554	an operator's license, identification card, or vehicle registration.
555	555	SECTION 21. 301.03 (20m) of the statutes is amended to read:
556	556	301.03 (20m) Transmit to the elections commission, on a continuous daily
557	557	basis, a list containing the name of each living person who has been convicted of a
558	558	felony under the laws of this state and whose civil rights have not been restored,
559	559	together with his or her residential address and the date on which the department
560	560	expects his or her civil rights to be restored. The secretary and the administrator of
561	561	the elections commission shall enter into an agreement to match personally
562	562	identifiable information on the official registration list maintained by the
563	563	commission under s. 6.36 (1) and the information specified in s. 6.34 (2m) with the
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590	590	SECTION 21
591	591	ASSEMBLY BILL 571
592	592	personally identifiable information provided under this subsection. The secretary
593	593	and the administrator shall update the agreement at least once every 2 years.
594	594	SECTION 22.0Nonstatutory provisions.
595	595	(1) DEFAULT DATES. The elections commission shall remove any default
596	596	birthdate or registration date in the official registration list maintained by the
597	597	commission under s. 6.36 (1) no later than the first day of the 6th month beginning
598	598	after the effective date of this subsection and replace those dates with the actual
599	599	birthdate and registration date of the affected elector.
600	600	(END)
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