Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB572 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Date of enactment:
2		-	2023 Assembly Bill 572 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	AN ACT to amend 6.33 (1), 12.60 (1) (a) and 54.25 (2) (c) 1. g.; to repeal and recreate 6.875 (6) (c) 2.; and to create
5		-	5.057 of the statutes; relating to: absentee voting in certain residential care facilities and retirement homes and court
6		-	determinations of incompetency and ineligibility to vote.
7		-	The people of the state of Wisconsin, represented in
8		-	senate and assembly, do enact as follows:
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 572
	5	+	October 26, 2023 - Introduced by Representatives KITCHENS, ALLEN, BINSFELD,
	6	+	DITTRICH, DONOVAN, EDMING, GOEBEN, GUNDRUM, KRUG, MAGNAFICI, MAXEY,
	7	+	MICHALSKI, MURPHY, MURSAU, NEDWESKI, O'CONNOR, PENTERMAN and ROZAR,
	8	+	cosponsored by Senators QUINN, BALLWEG, MARKLEIN and NASS. Referred to
	9	+	Committee on Campaigns and Elections.
	10	+	*AUTHORS SUBJECT TO CHANGE*
	11	+	AN ACT to amend 6.33 (1), 6.875 (6) (c) 2., 12.60 (1) (a) and 54.25 (2) (c) 1. g.; and
	12	+	to create 5.057 of the statutes; relating to: absentee voting in certain
	13	+	residential care facilities and retirement homes and court determinations of
	14	+	incompetency and ineligibility to vote.
	15	+	Analysis by the Legislative Reference Bureau
	16	+	Absentee voting in certain facilities
	17	+	Under current law, under certain circumstances, a municipal clerk must
	18	+	dispatch special voting deputies to a residential care facility or qualified retirement
	19	+	home so that the occupants of the facility or home may cast an absentee ballot in
	20	+	person with the special voting deputies rather than vote in person at the appropriate
	21	+	polling place or request and complete an absentee ballot by mail. Under current law,
	22	+	a retirement home is a facility occupied as a primary residence by 10 or more
	23	+	unrelated individuals. A qualified retirement home is a retirement home that has
	24	+	a significant number of occupants who lack adequate transportation to the polling
	25	+	place, need assistance in voting, are aged 60 or over, or are indefinitely confined.
	26	+	Under current law, the special voting deputies must arrange with the
	27	+	administrator of the residential care facility or qualified retirement home one or
	28	+	more convenient times to visit the facility or home. The administrator of the facility
	29	+	or home may, upon the request of a relative of an occupant of the facility or home,
	30	+	notify the relative of the time or times when special voting deputies will conduct
	31	+	absentee voting at the facility or home.
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	37	+	ASSEMBLY BILL 572
	38	+	This bill requires the administrator, or the administrator's designee, to provide
	39	+	notice by email of the dates and times when the deputies will be visiting the
	40	+	residential care facility or qualified retirement home to each individual designated
	41	+	as a contact by the occupant who intends to vote by absentee ballot with the special
	42	+	voting deputies.
	43	+	Determinations of incompetency
	44	+	Under current law, no person who is incapable of understanding the objective
	45	+	of the elective process or who is under a guardianship may vote unless a court has
	46	+	determined that the person is competent to vote. Current law also allows any voter
	47	+	in a municipality to petition a circuit court to determine whether a person residing
	48	+	in the municipality is incapable of understanding the objective of the elective
	49	+	process. If the court determines that the person is incapable of such understanding,
	50	+	the person is not eligible to register to vote or to vote. Current law requires the clerk
	51	+	of the circuit court to communicate the court's determinations, in writing, to the
	52	+	election officials who are responsible for determining challenges to registration and
	53	+	voting that may be brought against the person.
	54	+	This bill requires the circuit court to notify the Elections Commission, by email,
	55	+	of the court's determination regarding incompetency and ineligibility to vote. Under
	56	+	the bill, when the commission receives a determination of incompetency and
	57	+	ineligibility to vote, the commission must, within two business days, change the
	58	+	status of the voter subject to the determination to inactive on the official voter
	59	+	registration list, note on the list that the voter is ineligible to vote, and notify the
	60	+	voter and the voter's municipal clerk of the voter's change in status. The bill also
	61	+	provides that if a court reviews a determination of incompetency and ineligibility to
	62	+	vote and restores the voter's right to vote, upon receipt of that determination by
	63	+	email, the commission must, within two business days, notify the voter that the voter
	64	+	is eligible to vote and that the voter is required to complete a new registration to vote
	65	+	if the voter intends to vote. Under the bill, the clerk must examine the registration
	66	+	list before issuing a ballot to any potential voter.
	67	+	Finally, under current law, an individual who votes at an election but who does
	68	+	not have the necessary qualifications to vote is guilty of a Class I felony. Under the
	69	+	bill, the penalty does not apply to an individual who has been determined ineligible
	70	+	to vote due to incompetency, but the individual's vote is excluded from the final tally
	71	+	for that election.
	72	+	The people of the state of Wisconsin, represented in senate and assembly, do
	73	+	enact as follows:
9	74		SECTION 1. 5.057 of the statutes is created to read:
10		-	5.057 Determination of ineligibility to vote due to
11		-	incompetency. (1) Upon receipt of a determination of
12		-	ineligibility to register to vote or to vote under s. 54.25 (2)
13		-	(c) 1. g., the commission shall, no later than 3 business
14		-	days after receiving the determination, change the status
15		-	of the elector subject to the determination to inactive on
16		-	the official registration list under s. 6.36, note on the list
17		-	that the elector is ineligible to vote in accordance with s.
18		-	6.03 (3), and notify the elector and the elector’s munici-
19		-	pal clerk of the elector’s change in status. If the commis-
20		-	sion does not have a record of the elector upon receipt of
21		-	a determination of ineligibility, the commission shall cre-
22		-	ate a record listing the elector as ineligible to vote in
23		-	accordance with s. 6.03 (3) and provide a copy of that
24		-	record to the elector’s municipal clerk. Upon receipt of
25		-	a registration to vote, the municipal clerk shall examine
26		-	the registration list to determine whether the elector is
27		-	ineligible to vote in accordance with s. 6.03 (3) and shall
28		-	notify the elector if the clerk determines that the elector
29		-	is ineligible. The clerk shall examine the registration list
30		-	before issuing a ballot to any potential elector.
31		-	(2) If under s. 54.64 (2) (a) a court subsequently
32		-	reviews a determination of ineligibility to vote under s.
33		-	54.25 (2) (c) 1. g. and restores an elector’s right to vote,
34		-	as provided under s. 54.64 (2) (c), upon receipt of the
35		-	reviewing court’s determination, the commission shall,
36		-	no later than 3 business days after receiving the determi-
37		-	nation, notify the elector that the elector is eligible to
38		-	vote, but is required to complete a new voter registration
39		-	if the elector intends to vote. The commission shall sub-
40		-	mit with the notice a registration form for the elector to
41		-	complete and return to the municipal clerk, if the elector
42		-	intends to vote.
43		-	SECTION 2. 6.33 (1) of the statutes is amended to
44		-	read:
45		-	6.33 (1) The commission shall prescribe the format,
46		-	size, and shape of registration forms. All nonelectronic
47		-	forms shall be printed and each item of information shall
48		-	be of uniform font size, as prescribed by the commission.
49		-	Except as otherwise provided in this subsection, elec-
50		-	tronic forms shall contain the same information as non-
51		-	electronic forms. The municipal clerk shall supply suffi-
52		-	cient forms to meet voter registration needs. The
53		-	commission shall design the form to obtain from each
54		-	elector information as to name; date; residence location;
55		-	location of previous residence immediately before mov-
56		-	ing to current residence location; citizenship; date of
57		-	birth; age; the number of a current and valid operator’s
58		-	license issued to the elector under ch. 343 or the last 4 dig-
59		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
60		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 572
61		-	its of the elector’s social security account number;
62		-	whether the elector has resided within the ward or elec-
63		-	tion district for the number of consecutive days specified
64		-	in s. 6.02 (1); whether the elector has been convicted of
65		-	a felony for which he or she has not been pardoned, and
66		-	if so, whether the elector is incarcerated, or on parole,
67		-	probation, or extended supervision; whether the elector
68		-	is disqualified on any other ground from voting, includ-
69		-	ing being adjudicated incompetent to exercise the right to
70		-	register to vote or to vote in an election; and whether the
71		-	elector is currently registered to vote at any other loca-
72		-	tion. The forms shall provide check boxes for the elector
73		-	to indicate whether he or she is disqualified to vote and,
74		-	if disqualified to vote, the grounds for which the elector
75		-	is so disqualified. The commission shall include on the
76		-	nonelectronic form a space for the elector’s signature and
77		-	on the electronic form the authorization specified under
78		-	s. 6.30 (5). Below the space for the signature or authori-
79		-	zation, respectively, the commission shall include the fol-
80		-	lowing statement: “Falsification of information on this
81		-	form is punishable under Wisconsin law as a Class I
82		-	felony.” The commission shall include on the form a
83		-	space to enter the name of any inspector, municipal clerk,
84		-	or deputy clerk under s. 6.55 (2) who obtains the form and
85		-	a space for the inspector, clerk, or deputy clerk to sign his
86		-	or her name, affirming that the inspector, clerk, or deputy
87		-	clerk has accepted the form. The commission shall
88		-	include on the form a space for entry of the ward and
89		-	aldermanic district, if any, where the elector resides and
90		-	any other information required to determine the offices
91		-	and referenda for which the elector is certified to vote.
92		-	The commission shall also include on the form a space
93		-	where the clerk may record an indication of whether the
94		-	form is received by mail or by electronic application, a
95		-	space where the clerk shall record an indication of the
96		-	type of identifying document submitted by the elector as
97		-	proof of residence under s. 6.34 or an indication that the
98		-	elector’s information in lieu of proof of residence was
99		-	verified under s. 6.34 (2m), the name of the entity or insti-
100		-	tution that issued the identifying document, and, if the
101		-	identifying document includes a number that applies
102		-	only to the individual holding that document, that num-
103		-	ber. The commission shall also include on the form a
104		-	space where the clerk, for any elector who possesses a
105		-	valid voting identification card issued to the person under
106		-	s. 6.47 (3), may record the identification serial number
107		-	appearing on the voting identification card. Each county
108		-	clerk shall obtain sufficient registration forms for com-
109		-	pletion by an elector who desires to register to vote at the
110		-	office of the county clerk under s. 6.28 (4).
111		-	SECTION 3. 6.875 (6) (c) 2. of the statutes is repealed
112		-	and recreated to read:
113		-	6.875 (6) (c) 2. The administrator of a qualified
114		-	retirement home or residential care facility, or the admin-
115		-	istrator’s designee, shall provide notice by email of the
116		-	dates and times when the special voting deputies will be
117		-	visiting the home or facility to each individual designated
118		-	as a contact by the occupant who intends to vote by absen-
119		-	tee ballot with the deputies. The content of the email shall
120		-	contain a disclaimer that the occupant maintains the right
121		-	of privacy and that the notice is for information purposes
122		-	only. The administrator, or administrator’s designee,
123		-	may provide the same notice to any other individual upon
124		-	the occupant’s request. Any individual receiving a notice
125		-	under this subdivision may be present in the room where
126		-	the voting is conducted.
127		-	SECTION 4. 12.60 (1) (a) of the statutes is amended
128		-	to read:
129		-	12.60 (1) (a) Whoever violates s. 12.09, 12.11 or
130		-	12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m),
131		-	(y) or (z) is guilty of a Class I felony. This paragraph does
132		-	not apply to a violation of s. 12.13 (1) (a) by an individual
133		-	who is determined ineligible to register to vote or to vote
134		-	under s. 54.25 (2) (c) 1. g., but the individual’s vote shall
	75	+	5.057 Determination of ineligibility to vote due to incompetency. (1)
	76	+	Upon receipt of a determination of ineligibility to register to vote or to vote under
	77	+	s. 54.25 (2) (c) 1. g., the commission shall, no later than 2 business days after receiving
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	84	+	SECTION 1
	85	+	ASSEMBLY BILL 572
	86	+	the determination, change the status of the elector subject to the determination to
	87	+	inactive on the official registration list under s. 6.36, note on the list that the elector
	88	+	is ineligible to vote in accordance with s. 6.03 (3), and notify the elector and the
	89	+	elector's municipal clerk of the elector's change in status. If the commission does not
	90	+	have a record of the elector upon receipt of a determination of ineligibility, the
	91	+	commission shall create a record listing the elector as ineligible to vote in accordance
	92	+	with s. 6.03 (3) and provide a copy of that record to the elector's municipal clerk. Upon
	93	+	receipt of a registration to vote, the municipal clerk shall examine the registration
	94	+	list to determine whether the elector is ineligible to vote in accordance with s. 6.03
	95	+	(3) and shall notify the elector if the clerk determines that the elector is ineligible.
	96	+	The clerk shall examine the registration list before issuing a ballot to any potential
	97	+	elector.
	98	+	(2) If under s. 54.64 (2) (a) a court subsequently reviews a determination of
	99	+	ineligibility to vote under s. 54.25 (2) (c) 1. g. and restores an elector's right to vote,
	100	+	as provided under s. 54.64 (2) (c), upon receipt of the reviewing court's determination,
	101	+	the commission shall, no later than 2 business days after receiving the
	102	+	determination, notify the elector that the elector is eligible to vote, but is required
	103	+	to complete a new voter registration if the voter intends to vote. The commission
	104	+	shall submit with the notice a registration form for the elector to complete and return
	105	+	to the municipal clerk, if the elector intends to vote.
	106	+	SECTION 2. 6.33 (1) of the statutes is amended to read:
	107	+	6.33 (1) The commission shall prescribe the format, size, and shape of
	108	+	registration forms. All nonelectronic forms shall be printed and each item of
	109	+	information shall be of uniform font size, as prescribed by the commission. Except
	110	+	as otherwise provided in this subsection, electronic forms shall contain the same
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	137	+	SECTION 2 ASSEMBLY BILL 572
	138	+	information as nonelectronic forms. The municipal clerk shall supply sufficient
	139	+	forms to meet voter registration needs. The commission shall design the form to
	140	+	obtain from each elector information as to name; date; residence location; location of
	141	+	previous residence immediately before moving to current residence location;
	142	+	citizenship; date of birth; age; the number of a current and valid operator's license
	143	+	issued to the elector under ch. 343 or the last 4 digits of the elector's social security
	144	+	account number; whether the elector has resided within the ward or election district
	145	+	for the number of consecutive days specified in s. 6.02 (1); whether the elector has
	146	+	been convicted of a felony for which he or she has not been pardoned, and if so,
	147	+	whether the elector is incarcerated, or on parole, probation, or extended supervision;
	148	+	whether the elector is disqualified on any other ground from voting, including being
	149	+	adjudicated incompetent to exercise the right to register to vote or to vote in an
	150	+	election; and whether the elector is currently registered to vote at any other location.
	151	+	The forms shall provide check boxes for the elector to indicate whether he or she is
	152	+	disqualified to vote and, if disqualified to vote, the grounds for which the elector is
	153	+	so disqualified. The commission shall include on the nonelectronic form a space for
	154	+	the elector's signature and on the electronic form the authorization specified under
	155	+	s. 6.30 (5). Below the space for the signature or authorization, respectively, the
	156	+	commission shall include the following statement: “Falsification of information on
	157	+	this form is punishable under Wisconsin law as a Class I felony." The commission
	158	+	shall include on the form a space to enter the name of any inspector, municipal clerk,
	159	+	or deputy clerk under s. 6.55 (2) who obtains the form and a space for the inspector,
	160	+	clerk, or deputy clerk to sign his or her name, affirming that the inspector, clerk, or
	161	+	deputy clerk has accepted the form. The commission shall include on the form a
	162	+	space for entry of the ward and aldermanic district, if any, where the elector resides
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	190	+	SECTION 2
	191	+	ASSEMBLY BILL 572
	192	+	and any other information required to determine the offices and referenda for which
	193	+	the elector is certified to vote. The commission shall also include on the form a space
	194	+	where the clerk may record an indication of whether the form is received by mail or
	195	+	by electronic application, a space where the clerk shall record an indication of the
	196	+	type of identifying document submitted by the elector as proof of residence under s.
	197	+	6.34 or an indication that the elector's information in lieu of proof of residence was
	198	+	verified under s. 6.34 (2m), the name of the entity or institution that issued the
	199	+	identifying document, and, if the identifying document includes a number that
	200	+	applies only to the individual holding that document, that number. The commission
	201	+	shall also include on the form a space where the clerk, for any elector who possesses
	202	+	a valid voting identification card issued to the person under s. 6.47 (3), may record
	203	+	the identification serial number appearing on the voting identification card. Each
	204	+	county clerk shall obtain sufficient registration forms for completion by an elector
	205	+	who desires to register to vote at the office of the county clerk under s. 6.28 (4).
	206	+	SECTION 3. 6.875 (6) (c) 2. of the statutes is amended to read:
	207	+	6.875 (6) (c) 2. Upon the request of a relative of an occupant of a qualified
	208	+	retirement home or residential care facility, the administrator of the home or facility
	209	+	may notify the relative of the time or times at which special voting deputies will
	210	+	conduct absentee voting at the home or facility and permit the relative to The
	211	+	administrator of a qualified retirement home or residential care facility, or the
	212	+	administrator's designee, shall provide notice by email of the dates and times when
	213	+	the special voting deputies will be visiting the home or facility to each individual
	214	+	designated as a contact by the occupant who intends to vote by absentee ballot with
	215	+	the deputies. The administrator, or administrator's designee, may provide the same
	216	+	notice to any other individual upon the occupant's request. Any individual receiving
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	243	+	SECTION 3 ASSEMBLY BILL 572
	244	+	a notice under this subdivision may be present in the room where the voting is
	245	+	conducted.
	246	+	SECTION 4. 12.60 (1) (a) of the statutes is amended to read:
	247	+	12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3)
	248	+	(a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony. This paragraph does
	249	+	not apply to a violation of s. 12.13 (1) (a) by an individual who is determined ineligible
	250	+	to register to vote or to vote under s. 54.25 (2) (c) 1. g., but the individual's vote shall
135	251		not be included in the final tally for that election.
136		-	SECTION 5. 54.25 (2) (c) 1. g. of the statutes is
137		-	amended to read:
138		-	54.25 (2) (c) 1. g. The right to register to vote or to
139		-	vote in an election, if the court finds that the individual
140		-	is incapable of understanding the objective of the elective
141		-	process. Also, in accordance with s. 6.03 (3), any elector
142		-	of a municipality may petition the circuit court for a
143		-	determination that an individual residing in the munici-
144		-	pality is incapable of understanding the objective of the
145		-	elective process and thereby ineligible to register to vote
146		-	or to vote in an election. This determination shall be
147		-	made by the court in accordance with the procedures
148		-	specified in this paragraph. If a petition is filed under this
149		-	subd. 1. g., the finding of the court shall be limited to a
150		-	determination as to voting eligibility. The appointment
151		-	of a guardian is not required for an individual whose sole
152		-	limitation is ineligibility to vote. The court shall, no later
153		-	than 3 days after the determination, notify the elections
154		-	commission by email of the determination of the court
155		-	shall be communicated in writing by the clerk of court to
156		-	the election official or agency charged under s. 6.48,
157		-	6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for
158		-	determining challenges to registration and voting that
159		-	may be directed against that elector. An email notifica-
160		-	tion sent to the elections commission under this subd. 1.
161		-	g. shall remain confidential, except as otherwise pro-
162		-	vided under s. 19.36. The court shall also, at the time of
163		-	the determination, provide the determination in writing
164		-	to the elector and the elector’s guardian, if applicable.
165		-	The determination may be reviewed as provided in s.
166		-	54.64 (2), and the court shall notify the elections commis-
167		-	sion, the elector, and the elector’s guardian, if applicable,
168		-	by mail and email of any subsequent determination of the
169		-	court shall be likewise communicated by the clerk of
170		-	court. All notices provided to the elections commission
171		-	under this subd. 1. g. shall include the full name; residen-
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173		-	address, if different than the residential address; and date
174		-	of birth of the individual subject to the determination. If
175		-	the court appoints a guardian for an individual who is
176		-	ineligible to vote, the guardian shall immediately report
177		-	any residential or mailing address change for the individ-
178		-	ual to the court, and the court shall, no later than 3 days
179		-	after the determination, notify the elections commission
180		-	of that address by email. The court shall use a standard-
181		-	ized notice of eligibility form to communicate its deter-
182		-	minations to the elector and the elector’s guardian, if
183		-	applicable.
	252	+	SECTION 5. 54.25 (2) (c) 1. g. of the statutes is amended to read:
	253	+	54.25 (2) (c) 1. g. The right to register to vote or to vote in an election, if the court
	254	+	finds that the individual is incapable of understanding the objective of the elective
	255	+	process. Also, in accordance with s. 6.03 (3), any elector of a municipality may
	256	+	petition the circuit court for a determination that an individual residing in the
	257	+	municipality is incapable of understanding the objective of the elective process and
	258	+	thereby ineligible to register to vote or to vote in an election. This determination
	259	+	shall be made by the court in accordance with the procedures specified in this
	260	+	paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall
	261	+	be limited to a determination as to voting eligibility. The appointment of a guardian
	262	+	is not required for an individual whose sole limitation is ineligibility to vote. The
	263	+	court shall immediately notify the elections commission by email of the
	264	+	determination of the court shall be communicated in writing by the clerk of court to
	265	+	the election official or agency charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with
	266	+	the responsibility for determining challenges to registration and voting that may be
	267	+	directed against that elector. An email notification sent to the elections commission
	268	+	under this subd. 1. g. shall remain confidential, except as otherwise provided under
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	293	+	25 - 7 -2023 - 2024 Legislature
	294	+	LRB-4709/1
	295	+	JK&MPG:wlj
	296	+	SECTION 5
	297	+	ASSEMBLY BILL 572
	298	+	s. 19.36. The court shall also, at the time of the determination, provide the
	299	+	determination in writing to the elector and the elector's guardian, if applicable. The
	300	+	determination may be reviewed as provided in s. 54.64 (2), and the court shall notify
	301	+	the elections commission, the elector, and the elector's guardian, if applicable, by
	302	+	mail and email of any subsequent determination of the court shall be likewise
	303	+	communicated by the clerk of court. All notices provided to the elections commission
	304	+	under this subd. 1. g. shall include the full name; residential address, including city,
	305	+	state, and zip code; mailing address, if different than the residential address; and
	306	+	date of birth of the individual subject to the determination. If the court appoints a
	307	+	guardian for an individual who is ineligible to vote, the guardian shall immediately
	308	+	report any residential or mailing address change for the individual to the court, and
	309	+	the court shall immediately notify the elections commission of that address by email.
	310	+	The court shall use a standardized notice of eligibility form to communicate its
	311	+	determinations to the elector and the elector's guardian, if applicable.
	312	+	(END)
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