Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB604 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 604
5	5	October 31, 2023 - Introduced by Representatives EMERSON, SUBECK, J. ANDERSON,
6	6	RATCLIFF, ANDRACA, JACOBSON and PALMERI, cosponsored by Senators SMITH
7	7	and SPREITZER. Referred to Committee on Campaigns and Elections.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to renumber 5.07; to amend 5.05 (1) (e), 5.056, 5.06 (2), 5.25 (4) (b), 5.35
10	10	(6) (a) (intro.), 5.35 (6) (a) 5., 5.35 (6) (b), 5.35 (6) (c), 6.33 (2) (a), 6.35 (3), 6.86
11	11	(1) (b), 6.86 (3) (c), 12.09 (1), 12.09 (3), 12.60 (1) (a), 12.60 (4) and 85.61 (1); and
12	12	to create 5.07 (2), 5.25 (4) (c), 5.35 (6) (a) 4c., 5.35 (6) (d), 6.256, 6.29 (2) (e), 7.08
13	13	(3) (d) to (g), 7.08 (13), 7.08 (14), 7.10 (11), 7.15 (16), 12.17, 12.19, 12.60 (1) (am),
14	14	12.60 (1) (an), 12.60 (1) (ap), 12.60 (1) (bn) and 343.14 (2p) of the statutes;
15	15	relating to: automatic voter registration, deceptive election practices, voter
16	16	intimidation and suppression, voter rights, polling place posting and language
17	17	requirements, election manual requirements, granting rule-making authority,
18	18	and providing a penalty.
19	19	Analysis by the Legislative Reference Bureau
20	20	This bill makes various changes to laws relating to elections and voting.
21	21	Automatic voter registration
22	22	The bill requires the Elections Commission to use all feasible means to facilitate
23	23	the registration of all eligible electors of this state and to maintain the registration
24	24	of all eligible electors for so long as the electors remain eligible, except as the law
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37	37	specifically requires electors to take some action to continue their registrations.
38	38	Under the bill, the commission must attempt to facilitate the initial registration of
39	39	all eligible electors no later than July 1, 2025. To facilitate the initial registration,
40	40	the bill directs the commission and the Department of Transportation to enter into
41	41	an agreement so that DOT may transfer specified personally identifiable
42	42	information in DOT's records to the commission. The bill requires the commission
43	43	to maintain the confidentiality of any information it obtains under the agreement
44	44	and allows a driver's license or identification card applicant to “opt out" of DOT's
45	45	transfer of this information to the commission. Once the commission obtains all the
46	46	information required under current law to complete an elector's registration, the
47	47	commission adds the elector's name to the statewide registration list. The bill also
48	48	permits an individual whose name is added to the registration list or who wishes to
49	49	permanently exclude his or her name from the list to file a request to have his or her
50	50	name deleted or excluded from the list or to revoke a deletion or exclusion request
51	51	previously made. A deletion or exclusion request or revocation of a deletion or
52	52	exclusion request may be made in the manner prescribed by the commission. In
53	53	addition, the bill directs the commission to notify an individual by first class postcard
54	54	whenever the commission removes his or her name from the registration list or
55	55	changes his or her status on the list from eligible to ineligible.
56	56	The bill also directs the commission to report to the appropriate standing
57	57	committees of the legislature, no later than July 1, 2025, its progress in initially
58	58	implementing the registration system created by the bill. The report must contain
59	59	an assessment of the feasibility and desirability or integration of registration
60	60	information with information maintained by the Departments of Health Services,
61	61	Children and Families, Workforce Development, Revenue, Safety and Professional
62	62	Services, and Natural Resources; the University of Wisconsin System; and the
63	63	Technical College System Board, as well as with the technical colleges in each
64	64	technical college district.
65	65	Under current law, a qualified elector with a current and valid driver's license
66	66	or identification card issued by DOT may register to vote electronically on a secure
67	67	website maintained by the commission. To register electronically under current law,
68	68	a qualified elector must also authorize DOT to forward a copy of his or her electronic
69	69	signature to the commission. The authorization affirms that all information
70	70	provided by the elector is correct and has the same effect as a written signature on
71	71	a paper copy of the registration form. Finally, current law requires the commission
72	72	and DOT to enter into an agreement that permits the commission to verify the
73	73	necessary registration information instantly by accessing DOT's electronic files.
74	74	Deceptive election practices
75	75	The bill prohibits any person from intentionally deceiving any other person
76	76	regarding the date, time, place, or manner of conducting an election; the
77	77	qualifications for voting or restrictions on the eligibility of electors to vote in an
78	78	election; or the endorsement of candidates by specified persons. Any person who
79	79	violates that prohibition with intent to prevent any person from exercising the right
80	80	to vote in an election may be fined not more than $100,000 or imprisoned for not more
81	81	than five years, or both. - 3 -2023 - 2024 Legislature
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85	85	The bill also permits any person who is aggrieved by an alleged violation
86	86	described above to obtain a court order restraining the violation and to file a sworn
87	87	complaint with the Elections Commission. If the commission finds that the facts
88	88	alleged in the complaint, if true, would constitute a violation, it must promptly
89	89	investigate the complaint. If the commission finds that a violation has occurred or
90	90	is occurring, the commission must take all measures necessary to provide correct
91	91	information to electors who may have been deceived by the actions of the alleged
92	92	violator and must refer the matter to the appropriate authority for prosecution.
93	93	The bill directs the commission to promulgate rules concerning corrective
94	94	measures that may be appropriate whenever violations occur. In addition, the bill
95	95	directs the commission to report biennially to the appropriate standing committees
96	96	of the legislature with regard to violations and actions taken in response to
97	97	violations.
98	98	Voter intimidation and suppression
99	99	The bill provides that no person may make use of or threaten to make use of
100	100	force, violence, restraint, or any tactic of coercion or intimidation in order to induce
101	101	or compel any person to vote or refrain from voting at an election, to refrain from
102	102	registering to vote at an election, or to vote or refrain from voting for or against a
103	103	particular candidate or referendum question at an election. Violators may be fined
104	104	not more than $100,000 or imprisoned for not more than three years, or both.
105	105	Current law contains similar but not identical prohibitions, and under current law,
106	106	violators may be fined not more than $10,000 or imprisoned for not more than three
107	107	years and six months, or both.
108	108	The bill also provides that no person may knowingly attempt to prevent or deter
109	109	another person from voting or registering to vote based upon fraudulent, deceptive,
110	110	or spurious grounds or information. Violators may be fined not more than $50,000
111	111	or imprisoned for not more than two years, or both.
112	112	The bill also permits any elector of this state to sue for injunctive relief, a court
113	113	order requiring or prohibiting certain action, or any other appropriate relief, to
114	114	compel compliance with the bill's prohibitions and requirements relating to voter
115	115	intimidation, suppression, and protection. Currently, an elector may be required to
116	116	pursue administrative relief before filing suit and in some cases must petition a
117	117	district attorney or the attorney general to file suit on his or her behalf.
118	118	Voter bill of rights
119	119	The bill creates a voter bill of rights that municipal clerks and boards of election
120	120	commissioners must post at each polling place. The bill of rights informs voters that
121	121	the voters have the right to do all of the following:
122	122	1. Vote if registered and eligible to vote.
123	123	2. Inspect a sample ballot before voting.
124	124	3. Cast a ballot if in line when the polling place closes or, if voting by in-person
125	125	absentee ballot on the last day for which such voting is allowed, when the municipal
126	126	clerk's office closes.
127	127	4. Cast a secret ballot.
128	128	5. Get help casting a ballot if disabled.
129	129	6. Get help voting in a language other than English as provided by law. - 4 -2023 - 2024 Legislature LRB-4761/1
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132	132	7. Get a new ballot, up to three ballots in all, if the voter makes a mistake on
133	133	the ballot.
134	134	8. Cast a provisional ballot as provided by law.
135	135	9. Have the voter's ballot counted accurately.
136	136	10. Vote free from coercion or intimidation.
137	137	11. Report any illegal or fraudulent election activity.
138	138	Polling place posting and language requirements
139	139	Currently, municipal clerks and boards of election commissioners are directed
140	140	by law to post specified materials at each polling place. Currently, the Elections
141	141	Commission is also directed to ensure that in any jurisdiction in this state that is
142	142	required under federal law to provide voting materials in a language other than
143	143	English, the voting system used in that jurisdiction is in compliance with federal law.
144	144	This bill permits the commission to authorize another means of providing
145	145	notice to electors of the information required to be posted if the commission
146	146	determines that the alternative means of providing notice is at least as effective as
147	147	posting.
148	148	The bill also requires that at each polling place located in a jurisdiction that is
149	149	required under federal law to provide voting materials in a language other than
150	150	English, all required postings must be made in that language as well as in English
151	151	unless otherwise permitted by the commission. In addition, the bill directs the
152	152	municipal clerk or board of election commissioners of any such jurisdiction to contact
153	153	and coordinate with organizations that advocate for the rights of individuals who
154	154	speak that language to ensure that each polling place in the jurisdiction adequately
155	155	serves the needs of these individuals, and to endeavor to ensure that at least one of
156	156	the election officials who serves at each polling place in the jurisdiction speaks that
157	157	language.
158	158	Election manual
159	159	Under current law, the Elections Commission is required to publish an election
160	160	manual explaining the duties of election officials. The election manual is subject to
161	161	periodic review and revision and must emphasize that election officials should help,
162	162	not hinder, electors in exercising their voting rights.
163	163	The bill provides a number of additional requirements for the election manual,
164	164	including that the election manual be written in clear, unambiguous language; be
165	165	indexed by subject; contain specific examples of common problems encountered at
166	166	polling places on election day and detailed, specific procedures for resolving those
167	167	problems; and include an explanation of the laws and rules governing solicitation at
168	168	polling places, the rights of voters, and security procedures and other procedures to
169	169	be followed at polling places.
170	170	Withholding of voluntarily provided elector information
171	171	Currently, the Elections Commission and municipal clerks must provide public
172	172	access to information in the records of the commission and clerks unless otherwise
173	173	provided by law or unless the custodian demonstrates that the public interest in
174	174	withholding public access outweighs the public interest in providing that access. The
175	175	bill provides that whenever the commission or a county or municipal clerk or board
176	176	of election commissioners has the telephone number or email address of an elector - 5 -2023 - 2024 Legislature
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180	180	that is voluntarily provided by the elector to the commission or to the clerk or board,
181	181	the commission and the clerk and board are prohibited from providing access to that
182	182	information except to election officials and employees to be used for the
183	183	administration of elections.
184	184	Because this bill creates a new crime or revises a penalty for an existing crime,
185	185	the Joint Review Committee on Criminal Penalties may be requested to prepare a
186	186	report.
187	187	For further information see the state and local fiscal estimate, which will be
188	188	printed as an appendix to this bill.
189	189	The people of the state of Wisconsin, represented in senate and assembly, do
190	190	enact as follows:
191	191	SECTION 1. 5.05 (1) (e) of the statutes is amended to read:
192	192	5.05 (1) (e) Issue an order under s. 5.06, exempt a polling place from
193	193	accessibility requirements under s. 5.25 (4) (a), permit a municipality to provide
194	194	notices required at polling places by alternative means under s. 5.35 (6) (d), exempt
195	195	a municipality from the requirement to use voting machines or an electronic voting
196	196	system under s. 5.40 (5m), approve an electronic data recording system for
197	197	maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
198	198	who is nominated to serve as an election official under s. 7.30 (4) (e), or review and
199	199	investigate complaints received under s. 12.17 (4) and order corrective measures
200	200	under s. 12.17 (5) (a).
201	201	SECTION 2. 5.056 of the statutes is amended to read:
202	202	5.056 Matching program with secretary of transportation. The
203	203	commission administrator shall enter into the agreement with the secretary of
204	204	transportation specified under s. 85.61 (1) to match personally identifiable
205	205	information on the official registration list maintained by the commission under s.
206	206	6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally
207	207	identifiable information maintained by the department of transportation. Subject
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227	227	to s. 343.14 (2p) (b), the agreement shall provide for the electronic transfer of
228	228	information under s. 6.256 (2) to the commission on a continuous basis, no less often
229	229	than monthly.
230	230	SECTION 3. 5.06 (2) of the statutes is amended to read:
231	231	5.06 (2) No Except as authorized in ss. 5.07 (2) and 12.17 (3), no person who
232	232	is authorized to file a complaint under sub. (1), other than the attorney general or
233	233	a district attorney, may commence an action or proceeding to test the validity of any
234	234	decision, action or failure to act on the part of any election official with respect to any
235	235	matter specified in sub. (1) without first filing a complaint under sub. (1), nor prior
236	236	to disposition of the complaint by the commission. A complaint is deemed disposed
237	237	of if the commission fails to transmit an acknowledgment of receipt of the complaint
238	238	within 5 business days from the date of its receipt or if the commission concludes its
239	239	investigation without a formal decision.
240	240	SECTION 4. 5.07 of the statutes is renumbered 5.07 (1).
241	241	SECTION 5. 5.07 (2) of the statutes is created to read:
242	242	5.07 (2) Whenever a violation of s. 5.25 (4) (b), 5.35 (6) (a) 4c., 7.08 (3), 12.09,
243	243	or 12.19 occurs or is proposed to occur, any elector of this state may sue for injunctive
244	244	relief, a writ of mandamus or prohibition, or such other legal or equitable relief as
245	245	may be appropriate to compel compliance with the law. The action shall be filed in
246	246	circuit court for the county where the violation occurs or is proposed to occur. In such
247	247	actions, the court shall award costs and reasonable actual attorney fees to the
248	248	plaintiff if the plaintiff prevails in the action.
249	249	SECTION 6. 5.25 (4) (b) of the statutes is amended to read:
250	250	5.25 (4) (b) In any jurisdiction that is subject to the requirement under 42 USC
251	251	1973aa-1a to provide voting materials in any a language other than English, the
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281	281	commission shall, for each such language, ensure that the notices specified in s. 5.35
282	282	(6) are given in that language and the voting system used at each polling place in that
283	283	jurisdiction is in compliance with 42 USC 1973aa-1a.
284	284	SECTION 7. 5.25 (4) (c) of the statutes is created to read:
285	285	5.25 (4) (c) In any jurisdiction that is subject to the requirement under 42 USC
286	286	1973aa-1a to provide voting materials in a language other than English, the
287	287	municipal clerk or board of election commissioners shall, for each such language,
288	288	contact and coordinate with organizations that advocate for the rights of individuals
289	289	who speak that language to ensure that each polling place in the jurisdiction
290	290	adequately serves the needs of those individuals and shall endeavor to ensure that
291	291	at least one of the election officials who serves at each polling place in the jurisdiction
292	292	speaks that language.
293	293	SECTION 8. 5.35 (6) (a) (intro.) of the statutes is amended to read:
294	294	5.35 (6) (a) (intro.) At Except as authorized under par. (d), at each polling place
295	295	in the state, the municipal clerk or board of election commissioners shall post the
296	296	following materials, positioned so that they the materials may be readily observed
297	297	by electors entering the polling place or waiting in line to vote:
298	298	SECTION 9. 5.35 (6) (a) 4c. of the statutes is created to read:
299	299	5.35 (6) (a) 4c. A voter bill of rights in substantially the following form:
300	300	VOTER BILL OF RIGHTS
301	301	You have the following rights:
302	302	“ The right to vote if you are registered and eligible to vote. You are
303	303	eligible to vote if you (1) are a U.S. citizen, (2) are at least 18 years old, (3) are
304	304	registered where you currently live, (4) are not currently serving any portion of a
305	305	felony sentence, including probation or supervision, (5) are not currently found
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333	333	mentally incompetent to vote by a court, and (6) have not placed a bet or a wager on
334	334	the outcome of the election.
335	335	“ The right to inspect a sample ballot before voting.
336	336	“ The right to cast a ballot if you are in line when your polling place
337	337	closes or when your municipal clerk's office closes if you are voting by in-person
338	338	absentee ballot on the last day for which such voting is allowed.
339	339	“ The right to cast a secret ballot, without anyone bothering you or telling
340	340	you how to vote.
341	341	“ If you have a disability, the right to get help casting your ballot from
342	342	anyone you choose, except from your employer or union representative.
343	343	“ The right to get help voting in a language other than English if enough
344	344	voters where you live speak your language.
345	345	“ The right to get a new ballot if you made a mistake. You can get up to
346	346	3 ballots in all if you make a mistake and have not already cast your ballot.
347	347	“ The right to cast a provisional ballot. You can cast a provisional ballot
348	348	if you are unable or unwilling to provide required proof of identification for voting or
349	349	a valid driver license or identification card number for registering to vote on election
350	350	day. Your provisional ballot will not be counted unless you provide the required
351	351	information to the poll workers by 8:00 p.m. on election day or to the municipal clerk
352	352	by 4:00 p.m. of the Friday following the election.
353	353	“ The right to have your ballot counted accurately.
354	354	“ The right to vote free from coercion or intimidation by any election
355	355	official or other person.
356	356	“ The right to report any illegal or fraudulent election activity to an
357	357	elections official or the State of Wisconsin Elections Commission.
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387	387	SECTION 10. 5.35 (6) (a) 5. of the statutes is amended to read:
388	388	5.35 (6) (a) 5. Any other voting information directed to be posted by the
389	389	commission to be posted or to be noticed under par. (d).
390	390	SECTION 11. 5.35 (6) (b) of the statutes is amended to read:
391	391	5.35 (6) (b) At Except as authorized under par. (d), at each polling place in the
392	392	state where a consolidated ballot under s. 5.655 is used or an electronic voting system
393	393	is utilized at a partisan primary election incorporating a ballot upon which electors
394	394	may mark votes for candidates of more than one recognized political party, the
395	395	municipal clerk or board of election commissioners shall prominently post a sign in
396	396	the form prescribed by the commission warning electors in substance that on any
397	397	ballot with votes cast for candidates of more than one recognized political party, no
398	398	votes cast for any candidates for partisan office will be counted unless a preference
399	399	for a party is made. If the elector designates a preference, only votes cast for
400	400	candidates of that preference will be counted.
401	401	SECTION 12. 5.35 (6) (c) of the statutes is amended to read:
402	402	5.35 (6) (c) At Except as authorized under par. (d), at each polling place located
403	403	in a municipality that is served by more than one polling place for an election, the
404	404	municipal clerk or board of election commissioners shall prominently post a map of
405	405	the geographic area served by the polling place for that election. The posting shall
406	406	clearly show the boundaries of the ward or wards served by the polling place for that
407	407	election.
408	408	SECTION 13. 5.35 (6) (d) of the statutes is created to read:
409	409	5.35 (6) (d) As an alternative to any posting requirement under this subsection,
410	410	the commission may authorize another means of providing notice to affected electors
411	411	of the information specified in this subsection if the commission determines that the
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439	439	alternative means of providing the information is at least as effective as posting. Any
440	440	authorization under this paragraph shall be in writing and shall specify the
441	441	particular alternative means of notification that may be used.
442	442	SECTION 14. 6.256 of the statutes is created to read:
443	443	6.256 Commission shall facilitate registration of electors. (1) Except as
444	444	provided for individuals specified in sub. (8) and as otherwise expressly provided, the
445	445	commission shall use all feasible means to facilitate the registration of all eligible
446	446	electors of this state who are subject to a registration requirement and the
447	447	maintenance of the registration of all eligible electors for so long as an elector
448	448	remains eligible.
449	449	(2) Subject to s. 343.14 (2p) (b), for the purpose of carrying out its functions
450	450	under sub. (1), the commission shall obtain the following information from the
451	451	department of transportation, to the extent that the department has the
452	452	information:
453	453	(a) The full name of each individual who holds a current operator's license
454	454	issued to the individual under ch. 343 or a current identification card issued to the
455	455	individual under s. 343.50, together with the following information pertaining to
456	456	that individual:
457	457	1. The current address of the individual together with any address history and
458	458	any name history maintained by the department of transportation.
459	459	2. The date of birth of the individual.
460	460	3. The number of the license or identification card issued to the individual.
461	461	4. A copy of the document that the applicant provided as proof of citizenship
462	462	and a statement from the department of transportation indicating that the
463	463	department verified the applicant's citizenship. For purposes of this subdivision, the
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491	491	SECTION 14
492	492	ASSEMBLY BILL 604
493	493	applicant shall provide a document that meets the requirements under 42 USC
494	494	1320b-7 (d).
495	495	(b) For each item of information specified in this subsection, the most recent
496	496	date that the item of information was provided to or obtained by the department of
497	497	transportation.
498	498	(3) The commission shall compare the information obtained under sub. (2) with
499	499	the information in the registration list under s. 6.36 (1) (a). If the commission finds
500	500	discrepancies between the information obtained under sub. (2) regarding an elector
501	501	and the information in the registration list under s. 6.36 (1) (a) regarding that same
502	502	elector, the commission shall contact the elector by mail or telephone or in person to
503	503	resolve the discrepancies. If the commission is able to resolve the discrepancies after
504	504	contacting the elector, the commission shall update the information on the
505	505	registration list. If the commission is unable to contact the elector, the commission
506	506	shall resolve any discrepancies in favor of the information in the registration list.
507	507	(4) Except as provided in this subsection and sub. (8), if the commission
508	508	concludes that an individual appears eligible to vote in this state but is not
509	509	registered, and the commission has obtained from reliable sources all the
510	510	information required under s. 6.33 (1) to complete the individual's registration, the
511	511	commission shall enter the individual's name on the registration list. If the
512	512	commission has not obtained from reliable sources all the information pertaining to
513	513	an individual that is required under s. 6.33 (1), the commission shall attempt to
514	514	obtain from reliable sources the necessary information under s. 6.33 (1) that is
515	515	required to complete the individual's registration. If an elector's status has been
516	516	changed from eligible to ineligible under s. 6.50 (2) or (2g) and the elector's eligibility,
517	517	name, or residence has not changed, the commission may not change the individual's
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543	543	MPG:cdc
544	544	SECTION 14 ASSEMBLY BILL 604
545	545	name to eligible status unless the commission first verifies that the individual is
546	546	eligible and wishes to change his or her status to eligible.
547	547	(5) The commission shall attempt to contact an individual described in sub. (4)
548	548	if necessary to obtain all the information specified in s. 6.33 (1) pertaining to the
549	549	individual that is required to complete the individual's registration.
550	550	(6) If the commission is able to obtain all the required information specified in
551	551	s. 6.33 (1) pertaining to an individual, the commission shall enter the name of the
552	552	individual on the registration list maintained under s. 6.36 (1) (a).
553	553	(7) The commission shall mail a notice to each individual whose name the
554	554	commission enters under sub. (6) on the registration list maintained under s. 6.36
555	555	(1) (a). The notice shall be printed in English, Spanish, and other languages spoken
556	556	by a significant number of state residents, as determined by the commission, and
557	557	shall include all of the following:
558	558	(a) A statement informing the individual that his or her name has been entered
559	559	on the registration list and showing the current address for the individual based on
560	560	the commission's records.
561	561	(b) A statement informing the individual that he or she may request to have
562	562	his or her name deleted from the registration list and instructions for doing so.
563	563	(c) Instructions for notifying the commission of a change in name or address.
564	564	(d) Instructions for obtaining a confidential listing under s. 6.47 (2) and a
565	565	description of how an individual qualifies for a confidential listing.
566	566	(8) Any individual may file a request with the commission to exclude his or her
567	567	name from the registration list maintained under s. 6.36 (1) (a). Any individual
568	568	whose name is added to the registration list by the commission may file a request
569	569	with the commission or a municipal clerk to have his or her name deleted from the
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596	596	MPG:cdc
597	597	SECTION 14
598	598	ASSEMBLY BILL 604
599	599	list. A request for exclusion or deletion shall be filed in the manner prescribed by the
600	600	commission. An individual who files an exclusion or deletion request under this
601	601	subsection may revoke his or her request by the same means that an individual may
602	602	request an exclusion or deletion. The commission shall ensure that the name of any
603	603	individual who has filed an exclusion or deletion request under this subsection is
604	604	excluded from the registration list or, if the individual's name appears on the list, is
605	605	removed from the registration list and is not added to the list at any subsequent time
606	606	unless the individual files a revocation of his or her request under this subsection.
607	607	(9) If the commission removes from the registration list the name of an elector
608	608	who does not request that his or her name be deleted, other than to correct an entry
609	609	that the commission positively determines to be a duplication or to change the name
610	610	of an individual who is verified to be deceased to ineligible status, the commission
611	611	shall mail to the individual a notice of the removal or change in status by 1st class
612	612	postcard to the individual's last-known address. The notice shall provide that the
613	613	individual may apply to have his or her status changed to eligible if he or she is a
614	614	qualified elector.
615	615	(10) The commission shall attempt to facilitate the initial registration of all
616	616	eligible electors, except as otherwise provided in this section, no later than July 1,
617	617	2025.
618	618	(11) The commission shall maintain the confidentiality of all information
619	619	obtained from the department of transportation under sub. (2) and may use this
620	620	information only for the purpose of carrying out its functions under sub. (1) and s.
621	621	6.34 (2m) and in accordance with the agreement under s. 85.61 (1).
622	622	SECTION 15. 6.29 (2) (e) of the statutes is created to read:
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647	647	MPG:cdc
648	648	SECTION 15 ASSEMBLY BILL 604
649	649	6.29 (2) (e) The municipal clerk or clerk's agent shall promptly add the name
650	650	of a qualified elector who registers and votes under this section to the registration
651	651	list. The clerk or clerk's agent shall add the name of a qualified elector who votes at
652	652	the elector's polling place in the manner prescribed in s. 6.33 (5) (a).
653	653	SECTION 16. 6.33 (2) (a) of the statutes is amended to read:
654	654	6.33 (2) (a) All information may be recorded by any person, except that the clerk
655	655	shall record the ward and aldermanic district, if any, other geographic information
656	656	under sub. (1), the indication of whether the registration is received by mail, and the
657	657	type of identifying document submitted by the elector as proof of residence under s.
658	658	6.34 or the indication of verification of information in lieu of proof of residence under
659	659	s. 6.34 (2m). Except as provided in s. 6.30 (5), each elector shall sign his or her own
660	660	name unless the elector is unable to sign his or her name due to physical disability.
661	661	In such case, the elector may authorize another elector to sign the form on his or her
662	662	behalf. If the elector so authorizes, the elector signing the form shall attest to a
663	663	statement that the application is made upon request and by authorization of a named
664	664	elector who is unable to sign the form due to physical disability.
665	665	SECTION 17. 6.35 (3) of the statutes is amended to read:
666	666	6.35 (3) Original Except for electronic registrations, original registration forms
667	667	shall be maintained in the office of the municipal clerk or board of election
668	668	commissioners at all times. The commission shall maintain electronic registration
669	669	forms and make such forms available for inspection by the municipal clerk, the
670	670	clerk's designated agent, or the board of election commissioners.
671	671	SECTION 18. 6.86 (1) (b) of the statutes is amended to read:
672	672	6.86 (1) (b) Except as provided in this section, if application is made by mail,
673	673	the application shall be received no later than 5 p.m. on the 5th day immediately
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699	699	LRB-4761/1
700	700	MPG:cdc
701	701	SECTION 18
702	702	ASSEMBLY BILL 604
703	703	preceding the election. If application is made in person, the application shall be
704	704	made no earlier than 14 days preceding the election and no later than the Sunday
705	705	preceding the election. No application may be received on a legal holiday. A
706	706	municipality shall specify the hours in the notice under s. 10.01 (2) (e). The
707	707	municipal clerk or an election official shall witness the certificate for any in-person
708	708	absentee ballot cast. Any elector waiting to cast an in-person absentee ballot at the
709	709	time the municipal clerk's office officially closes on the last day for which such ballots
710	710	may be cast, whether the elector is waiting within or in the line outside the municipal
711	711	clerk's office, shall be permitted to cast his or her in-person absentee ballot. Except
712	712	as provided in par. (c), if the elector is making written application for an absentee
713	713	ballot at the partisan primary, the general election, the presidential preference
714	714	primary, or a special election for national office, and the application indicates that
715	715	the elector is a military elector, as defined in s. 6.34 (1), the application shall be
716	716	received by the municipal clerk no later than 5 p.m. on election day. If the application
717	717	indicates that the reason for requesting an absentee ballot is that the elector is a
718	718	sequestered juror, the application shall be received no later than 5 p.m. on election
719	719	day. If the application is received after 5 p.m. on the Friday immediately preceding
720	720	the election, the municipal clerk or the clerk's agent shall immediately take the ballot
721	721	to the court in which the elector is serving as a juror and deposit it with the judge.
722	722	The judge shall recess court, as soon as convenient, and give the elector the ballot.
723	723	The judge shall then witness the voting procedure as provided in s. 6.87 and shall
724	724	deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling
725	725	place or, in municipalities where absentee ballots are canvassed under s. 7.52, to the
726	726	municipal clerk as required in s. 6.88. If application is made under sub. (2) or (2m),
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751	751	MPG:cdc
752	752	SECTION 18 ASSEMBLY BILL 604
753	753	the application may be received no later than 5 p.m. on the Friday immediately
754	754	preceding the election.
755	755	SECTION 19. 6.86 (3) (c) of the statutes is amended to read:
756	756	6.86 (3) (c) An application under par. (a) 1. may be made and a registration form
757	757	under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier
758	758	than 7 days before an election and not later than 5 p.m. on the day of the election.
759	759	A list of hospitalized electors applying for ballots under par. (a) 1. shall be made by
760	760	the municipal clerk and used to check that the electors vote only once, and by
761	761	absentee ballot. If Except as provided in s. 6.34 (2m), if the elector is registering for
762	762	the election after the close of registration or if the elector registered by mail and has
763	763	not voted in an election in this state, the municipal clerk shall inform the agent that
764	764	proof of residence under s. 6.34 is required and the elector shall enclose proof of
765	765	residence under s. 6.34 in the envelope with the ballot. The clerk shall verify that
766	766	the name on any required proof of identification presented by the agent conforms to
767	767	the name on the elector's application. The clerk shall then enter his or her initials
768	768	on the carrier envelope indicating that the agent presented proof of identification to
769	769	the clerk. The agent is not required to enter a signature on the registration list. The
770	770	ballot shall be sealed by the elector and returned to the municipal clerk either by mail
771	771	or by personal delivery of the agent; but if the ballot is returned on the day of the
772	772	election, the agent shall make personal delivery to the polling place serving the
773	773	hospitalized elector's residence before the closing hour or, in municipalities where
774	774	absentee ballots are canvassed under s. 7.52, to the municipal clerk no later than 8
775	775	p.m. on election day.
776	776	SECTION 20. 7.08 (3) (d) to (g) of the statutes are created to read:
777	777	7.08 (3) (d) Be written in clear, unambiguous language.
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804	804	MPG:cdc
805	805	SECTION 20
806	806	ASSEMBLY BILL 604
807	807	(e) Be indexed by subject.
808	808	(f) Contain specific examples of common problems encountered at polling
809	809	places on election day and detailed, specific procedures for resolving those problems.
810	810	(g) Include an explanation of all of the following:
811	811	1. Laws and rules governing solicitation by individuals and groups at a polling
812	812	place.
813	813	2. Procedures to be followed with respect to electors whose names do not appear
814	814	on the registration list under s. 6.36 (1) (a).
815	815	3. Procedures to be followed with respect to electors attempting to vote on
816	816	election day who have cast an absentee ballot in the election.
817	817	4. Procedures for assisting voters who need help due to language barriers or
818	818	disabilities.
819	819	5. Proper operation of any electronic voting system used at a polling place.
820	820	6. Procedures for handling ballots.
821	821	7. Procedures governing spoiled ballots.
822	822	8. Procedures to be followed after a polling place closes.
823	823	9. Rights of electors at the polls.
824	824	10. Procedures for handling emergency situations.
825	825	11. Procedures for handling and processing provisional ballots.
826	826	12. Security procedures.
827	827	SECTION 21. 7.08 (13) of the statutes is created to read:
828	828	7.08 (13) REMEDIES FOR DECEPTIVE ELECTION PRACTICES. Disseminate through
829	829	the Internet and radio, television, and newspaper advertisements information
830	830	concerning complaint procedures and remedies for deceptive election practices
831	831	under s. 12.17.
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858	858	SECTION 22 ASSEMBLY BILL 604
859	859	SECTION 22. 7.08 (14) of the statutes is created to read:
860	860	7.08 (14) WITHHOLD PERSONAL INFORMATION PROVIDED TO COMMISSION. Withhold
861	861	from public inspection under s. 19.35 (1) the telephone number and email address
862	862	of any elector who voluntarily provides that information to the commission or to a
863	863	county or municipal clerk. The commission may transfer the information to any
864	864	official or employee who has access to the information in the registration list under
865	865	s. 6.36 (1) (b) 1. a. to be used for the administration of elections.
866	866	SECTION 23. 7.10 (11) of the statutes is created to read:
867	867	7.10 (11) WITHHOLD PERSONAL INFORMATION PROVIDED TO CLERK. The county clerk
868	868	shall withhold from public inspection under s. 19.35 (1) the telephone number and
869	869	email address of any elector who voluntarily provides that information to the clerk
870	870	or to the commission or a municipal clerk. The county clerk may transfer the
871	871	information to any official or employee who has access to the information in the
872	872	registration list under s. 6.36 (1) (b) 1. a. to be used for the administration of elections.
873	873	SECTION 24. 7.15 (16) of the statutes is created to read:
874	874	7.15 (16) WITHHOLD PERSONAL INFORMATION PROVIDED TO CLERK. The municipal
875	875	clerk shall withhold from public inspection under s. 19.35 (1) the telephone number
876	876	and email address of any elector who voluntarily provides that information to the
877	877	clerk or to the commission or a county clerk. The municipal clerk may transfer the
878	878	information to any official or employee who has access to the information in the
879	879	registration list under s. 6.36 (1) (b) 1. a. to be used for the administration of elections.
880	880	SECTION 25. 12.09 (1) of the statutes is amended to read:
881	881	12.09 (1) No person may personally or through an agent make use of or
882	882	threaten to make use of force, violence, or restraint, or any tactic of coercion or
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907	907	LRB-4761/1
908	908	MPG:cdc
909	909	SECTION 25
910	910	ASSEMBLY BILL 604
911	911	intimidation in order to induce or compel any person to vote or refrain from voting
912	912	or to refrain from registering to vote at an election.
913	913	SECTION 26. 12.09 (3) of the statutes is amended to read:
914	914	12.09 (3) No person may personally or through an agent, by make use of or
915	915	threaten to make use of force, violence, restraint, or any act tactic of coercion or
916	916	intimidation in order to compel, induce, or prevail upon an elector either to vote or
917	917	refrain from voting at any election for or against a particular candidate or question
918	918	at a referendum.
919	919	SECTION 27. 12.17 of the statutes is created to read:
920	920	12.17 Deceptive election practices. (1) In this section, “election-related
921	921	information" means information concerning any of the following:
922	922	(a) The date, time, place, or manner of conducting an election.
923	923	(b) The qualifications for or restrictions on the eligibility of electors voting at
924	924	an election, including any criminal penalties associated with voting in an election or
925	925	an elector's registration status or eligibility.
926	926	(c) The explicit endorsement by any person of a candidate at an election.
927	927	(2) No person, whether acting under color of law or otherwise, may
928	928	intentionally induce another person to refrain from registering or voting at an
929	929	election by knowingly providing that person with false election-related information.
930	930	(3) Any person who is aggrieved by an alleged violation of sub. (2) may bring
931	931	an action for injunctive relief in circuit court for the county where the violation is
932	932	alleged to occur.
933	933	(4) Any person may file a verified complaint with the commission alleging facts
934	934	that the person believes to constitute a violation of sub. (2). The complaint shall be
935	935	filed as provided under s. 5.05 (2m) (c).
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962	962	SECTION 27 ASSEMBLY BILL 604
963	963	(5) (a) Notwithstanding s. 5.05 (2m) (c), the commission shall promptly review
964	964	each complaint received under sub. (4), and if the commission finds that the facts
965	965	alleged in the complaint, if true, would constitute a violation of sub. (2), the
966	966	commission shall promptly investigate the complaint. Notwithstanding s. 5.05 (2m)
967	967	(c) 11., if the commission finds that a violation of sub. (2) has occurred or is occurring,
968	968	the commission shall take all measures necessary to provide correct information to
969	969	electors who may have been deceived by the actions of the alleged violator, and shall
970	970	refer the matter to the appropriate authority for prosecution in accordance with ss.
971	971	5.05 (2m) (i) and 12.60 (4).
972	972	(b) The commission shall promulgate rules concerning the methods and means
973	973	of providing corrective information to electors under par. (a).
974	974	(6) (a) No later than 90 days after each general election, the commission shall
975	975	report to the chief clerk of each house of the legislature for referral to the appropriate
976	976	standing committees under s. 13.172 (2) concerning any complaints under sub. (4)
977	977	that were acted upon or referred by the commission under sub. (5) during the period
978	978	beginning with the date of the 2nd preceding general election and ending with the
979	979	preceding general election. Except as provided in par. (b), the report shall include
980	980	all of the following:
981	981	1. A description of the alleged deceptive election practices that were the subject
982	982	of each complaint.
983	983	2. Any corrective measures taken by the commission with regard to the subject
984	984	matter of each complaint.
985	985	3. The commission's evaluation of the effectiveness of those corrective
986	986	measures.
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1012	1012	MPG:cdc
1013	1013	SECTION 27
1014	1014	ASSEMBLY BILL 604
1015	1015	4. The status of any prosecution relating to the subject matter of each
1016	1016	complaint.
1017	1017	5. A compilation of the number and types of allegations made that were acted
1018	1018	upon or referred by the commission under sub. (5).
1019	1019	6. The locations and segments of the population that were affected by the
1020	1020	alleged deceptive election practices.
1021	1021	7. The status of any investigations conducted by the commission under sub. (5).
1022	1022	(b) The commission may exclude from the report under par. (a) any information
1023	1023	that, if disclosed, would interfere with a pending investigation of a violation of the
1024	1024	law.
1025	1025	(c) The commission shall post a copy of each report submitted under this
1026	1026	subsection on the commission's website.
1027	1027	SECTION 28. 12.19 of the statutes is created to read:
1028	1028	12.19 Voter suppression. No person may knowingly attempt to prevent or
1029	1029	deter another person from voting or registering to vote based upon fraudulent,
1030	1030	deceptive, or spurious grounds or information. Violations of this section include any
1031	1031	of the following:
1032	1032	(1) Challenging another person's right to register or vote at an election based
1033	1033	upon information the person knows is false.
1034	1034	(2) Attempting to induce another person to refrain from registering or voting
1035	1035	by providing that person with information the person knows is false.
1036	1036	SECTION 29. 12.60 (1) (a) of the statutes is amended to read:
1037	1037	12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7., or (3)
1038	1038	(a), (e), (f), (j), (k), (L), (m), (y), or (z) is guilty of a Class I felony.
1039	1039	SECTION 30. 12.60 (1) (am) of the statutes is created to read:
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1066	1066	SECTION 30 ASSEMBLY BILL 604
1067	1067	12.60 (1) (am) Whoever violates s. 12.17 (2) with the intent to prevent any
1068	1068	person from exercising the right to vote in an election is guilty of a Class D felony,
1069	1069	except that the term of imprisonment may not exceed 5 years.
1070	1070	SECTION 31. 12.60 (1) (an) of the statutes is created to read:
1071	1071	12.60 (1) (an) Whoever violates s. 12.09 is guilty of a Class D felony, except that
1072	1072	the term of imprisonment may not exceed 3 years.
1073	1073	SECTION 32. 12.60 (1) (ap) of the statutes is created to read:
1074	1074	12.60 (1) (ap) Whoever violates s. 12.19 is guilty of a Class E felony, except that
1075	1075	the term of imprisonment may not exceed 2 years.
1076	1076	SECTION 33. 12.60 (1) (bn) of the statutes is created to read:
1077	1077	12.60 (1) (bn) If a municipal clerk or executive director of a board of election
1078	1078	commissioners fails to ensure compliance with s. 5.25 (4) (b) or to post the materials
1079	1079	specified in s. 5.35 (6) (a) at each polling place located in the municipality served by
1080	1080	the clerk or executive director at any election, except as authorized in s. 5.35 (6) (d),
1081	1081	or the administrator of the commission fails to include any of the materials specified
1082	1082	in s. 7.08 (3) in the election manual, the violator may be required to forfeit not more
1083	1083	than $500 for each violation.
1084	1084	SECTION 34. 12.60 (4) of the statutes is amended to read:
1085	1085	12.60 (4) Prosecutions of civil offenses under this chapter shall be conducted
1086	1086	in the manner prescribed in s. 11.1400 (5). Prosecutions of criminal offenses under
1087	1087	this chapter shall be conducted in accordance with s. 11.1401 (2).
1088	1088	SECTION 35. 85.61 (1) of the statutes is amended to read:
1089	1089	85.61 (1) The secretary of transportation and the administrator of the elections
1090	1090	commission shall enter into an agreement to match personally identifiable
1091	1091	information on the official registration list maintained by the commission under s.
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1119	1119	SECTION 35
1120	1120	ASSEMBLY BILL 604
1121	1121	6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally
1122	1122	identifiable information in the operating record file database under ch. 343 and
1123	1123	vehicle registration records under ch. 341 to the extent required to enable the
1124	1124	secretary of transportation and the administrator of the elections commission to
1125	1125	verify the accuracy of the information provided for the purpose of voter registration.
1126	1126	Notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), but subject to s.
1127	1127	343.14 (2p) (b), the agreement shall provide for the transfer of electronic information
1128	1128	under s. 6.256 (2) to the commission on a continuous basis, no less often than
1129	1129	monthly.
1130	1130	SECTION 36. 343.14 (2p) of the statutes is created to read:
1131	1131	343.14 (2p) (a) The forms for application for a license or identification card or
1132	1132	for renewal thereof shall inform the applicant of the department's duty to make
1133	1133	available to the elections commission the information described in s. 6.256 (2) for the
1134	1134	purposes specified in s. 6.256 (1) and (3) and shall provide the applicant an
1135	1135	opportunity to elect not to have this information made available for these purposes.
1136	1136	(b) If the applicant elects not to have the information described in s. 6.256 (2)
1137	1137	made available for the purposes specified in s. 6.256 (1) and (3), the department shall
1138	1138	not make this information available for these purposes. This paragraph does not
1139	1139	preclude the department from making available to the elections commission
1140	1140	information for the purposes specified in s. 6.34 (2m) or for any purpose other than
1141	1141	those specified in s. 6.256 (1) and (3).
1142	1142	SECTION 37.0Nonstatutory provisions.
1143	1143	(1) INITIAL SHARING OF REGISTRATION INFORMATION. Notwithstanding ss. 85.61
1144	1144	(1), 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), the department of transportation shall
1145	1145	enter into and begin transferring information under a revised agreement with the
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1172	1172	SECTION 37 ASSEMBLY BILL 604
1173	1173	elections commission administrator pursuant to s. 85.61 (1) no later than the first
1174	1174	day of the 4th month beginning after the effective date of this subsection.
1175	1175	(2) REPORT ON VOTER REGISTRATION INFORMATION INTEGRATION. No later than July
1176	1176	1, 2025, the elections commission shall report to the appropriate standing
1177	1177	committees of the legislature, in the manner specified in s. 13.172 (3), its progress
1178	1178	in initially implementing a system to ensure the complete and continuous
1179	1179	registration of all eligible electors in this state, specifically including the operability
1180	1180	and utility of information integration with the department of transportation and the
1181	1181	feasibility and desirability of integrating public information maintained by other
1182	1182	state agencies and by technical colleges with the commission's registration
1183	1183	information to enhance the completeness and accuracy of the information. At a
1184	1184	minimum, the report shall contain an assessment of the feasibility and desirability
1185	1185	of the integration of registration information with information maintained by the
1186	1186	departments of health services, children and families, workforce development,
1187	1187	revenue, safety and professional services, and natural resources; the University of
1188	1188	Wisconsin System; and the technical college system board, as well as the technical
1189	1189	colleges within each technical college district.
1190	1190	(3) STUDY OF OPTIONS FOR CORRECTIVE ACTION. The elections commission, in
1191	1191	consultation with the department of justice and the federal election assistance
1192	1192	commission, shall study the feasibility of providing corrective information that may
1193	1193	be required under s. 12.17 (5) (a) through public service announcements, other uses
1194	1194	of broadcast, Internet, or social media, or an emergency alert system. No later than
1195	1195	the first day of the 7th month beginning after the effective date of this subsection,
1196	1196	the elections commission shall report its findings and recommendations to the
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1223	1223	SECTION 37
1224	1224	ASSEMBLY BILL 604
1225	1225	appropriate standing committees of the legislature, in the manner specified in s.
1226	1226	13.172 (3).
1227	1227	(END)
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