Date of enactment:
2023 Assembly Bill 572 Date of publication*:
2023 WISCONSIN ACT
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
5.057 of the statutes; relating to: absentee voting in certain residential care facilities and retirement homes and court
determinations of incompetency and ineligibility to vote.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 5.057 of the statutes is created to read:
5.057 Determination of ineligibility to vote due to
incompetency. (1) Upon receipt of a determination of
ineligibility to register to vote or to vote under s. 54.25 (2)
(c) 1. g., the commission shall, no later than 3 business
days after receiving the determination, change the status
of the elector subject to the determination to inactive on
the official registration list under s. 6.36, note on the list
that the elector is ineligible to vote in accordance with s.
6.03 (3), and notify the elector and the elector’s munici-
pal clerk of the elector’s change in status. If the commis-
sion does not have a record of the elector upon receipt of
a determination of ineligibility, the commission shall cre-
ate a record listing the elector as ineligible to vote in
accordance with s. 6.03 (3) and provide a copy of that
record to the elector’s municipal clerk. Upon receipt of
a registration to vote, the municipal clerk shall examine
the registration list to determine whether the elector is
ineligible to vote in accordance with s. 6.03 (3) and shall
notify the elector if the clerk determines that the elector
is ineligible. The clerk shall examine the registration list
before issuing a ballot to any potential elector.
(2) If under s. 54.64 (2) (a) a court subsequently
reviews a determination of ineligibility to vote under s.
54.25 (2) (c) 1. g. and restores an elector’s right to vote,
as provided under s. 54.64 (2) (c), upon receipt of the
reviewing court’s determination, the commission shall,
no later than 3 business days after receiving the determi-
nation, notify the elector that the elector is eligible to
vote, but is required to complete a new voter registration
if the elector intends to vote. The commission shall sub-
mit with the notice a registration form for the elector to
complete and return to the municipal clerk, if the elector
intends to vote.
SECTION 2. 6.33 (1) of the statutes is amended to
read:
6.33 (1) The commission shall prescribe the format,
size, and shape of registration forms. All nonelectronic
forms shall be printed and each item of information shall
be of uniform font size, as prescribed by the commission.
Except as otherwise provided in this subsection, elec-
tronic forms shall contain the same information as non-
electronic forms. The municipal clerk shall supply suffi-
cient forms to meet voter registration needs. The
commission shall design the form to obtain from each
elector information as to name; date; residence location;
location of previous residence immediately before mov-
ing 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 dig-
* 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
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
its of the elector’s social security account number;
whether the elector has resided within the ward or elec-
tion district for the number of consecutive days specified
in s. 6.02 (1); whether the elector has been convicted of
a felony for which he or she has not been pardoned, and
if so, whether the elector is incarcerated, or on parole,
probation, or extended supervision; whether the elector
is disqualified on any other ground from voting, includ-
ing being adjudicated incompetent to exercise the right to
register to vote or to vote in an election; and whether the
elector is currently registered to vote at any other loca-
tion. The forms shall provide check boxes for the elector
to indicate whether he or she is disqualified to vote and,
if disqualified to vote, the grounds for which the elector
is so disqualified. The commission shall include on the
nonelectronic form a space for the elector’s signature and
on the electronic form the authorization specified under
s. 6.30 (5). Below the space for the signature or authori-
zation, respectively, the commission shall include the fol-
lowing statement: “Falsification of information on this
form is punishable under Wisconsin law as a Class I
felony.” The commission shall include on the form a
space to enter the name of any inspector, municipal clerk,
or deputy clerk under s. 6.55 (2) who obtains the form and
a space for the inspector, clerk, or deputy clerk to sign his
or her name, affirming that the inspector, clerk, or deputy
clerk has accepted the form. The commission shall
include on the form 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 commission shall also include on the form 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 insti-
tution that issued the identifying document, and, if the
identifying document includes a number that applies
only to the individual holding that document, that num-
ber. The commission shall also include on the form a
space where the clerk, for any elector 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 com-
pletion by an elector who desires to register to vote at the
office of the county clerk under s. 6.28 (4).
SECTION 3. 6.875 (6) (c) 2. of the statutes is repealed
and recreated to read:
6.875 (6) (c) 2. The administrator of a qualified
retirement home or residential care facility, or the admin-
istrator’s designee, shall provide notice by email of the
dates and times when the special voting deputies will be
visiting the home or facility to each individual designated
as a contact by the occupant who intends to vote by absen-
tee ballot with the deputies. The content of the email shall
contain a disclaimer that the occupant maintains the right
of privacy and that the notice is for information purposes
only. The administrator, or administrator’s designee,
may provide the same notice to any other individual upon
the occupant’s request. Any individual receiving a notice
under this subdivision may be present in the room where
the voting is conducted.
SECTION 4. 12.60 (1) (a) of the statutes is amended
to read:
12.60 (1) (a) Whoever violates s. 12.09, 12.11 or
12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m),
(y) or (z) is guilty of a Class I felony. This paragraph does
not apply to a violation of s. 12.13 (1) (a) by an individual
who is determined ineligible to register to vote or to vote
under s. 54.25 (2) (c) 1. g., but the individual’s vote shall
not be included in the final tally for that election.
SECTION 5. 54.25 (2) (c) 1. g. of the statutes is
amended to read:
54.25 (2) (c) 1. g. The right to register to vote or to
vote in an election, if the court finds that the individual
is incapable of understanding the objective of the elective
process. Also, in accordance with s. 6.03 (3), any elector
of a municipality may petition the circuit court for a
determination that an individual residing in the munici-
pality is incapable of understanding the objective of the
elective process and thereby ineligible to register to vote
or to vote in an election. This determination shall be
made by the court in accordance with the procedures
specified in this paragraph. If a petition is filed under this
subd. 1. g., the finding of the court shall be limited to a
determination as to voting eligibility. The appointment
of a guardian is not required for an individual whose sole
limitation is ineligibility to vote. The court shall, no later
than 3 days after the determination, notify the elections
commission by email of the determination of the court
shall be communicated in writing by the clerk of court to
the election official or agency charged under s. 6.48,
6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for
determining challenges to registration and voting that
may be directed against that elector. An email notifica-
tion sent to the elections commission under this subd. 1.
g. shall remain confidential, except as otherwise pro-
vided under s. 19.36. The court shall also, at the time of
the determination, provide the determination in writing
to the elector and the elector’s guardian, if applicable.
The determination may be reviewed as provided in s.
54.64 (2), and the court shall notify the elections commis-
sion, the elector, and the elector’s guardian, if applicable,
by mail and email of any subsequent determination of the
court shall be likewise communicated by the clerk of
court. All notices provided to the elections commission
under this subd. 1. g. shall include the full name; residen-
tial address, including city, state, and zip code; mailing − 3 − 2023 Wisconsin Act 2023 Assembly Bill 572
address, if different than the residential address; and date
of birth of the individual subject to the determination. If
the court appoints a guardian for an individual who is
ineligible to vote, the guardian shall immediately report
any residential or mailing address change for the individ-
ual to the court, and the court shall, no later than 3 days
after the determination, notify the elections commission
of that address by email. The court shall use a standard-
ized notice of eligibility form to communicate its deter-
minations to the elector and the elector’s guardian, if
applicable.