WI
Wisconsin Senate Bill SB26

Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB26 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 LRB-0760/1
22 JK:skw
33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 26
55 January 27, 2023 - Introduced by Senators JACQUE, CABRAL-GUEVARA, FELZKOWSKI,
66 FEYEN, MARKLEIN, NASS, QUINN, STAFSHOLT and TOMCZYK, cosponsored by
77 Representatives BODDEN, ARMSTRONG, BEHNKE, BINSFELD, BRANDTJEN,
88 BROOKS, DONOVAN, EDMING, GUNDRUM, GUSTAFSON, KITCHENS, MURPHY,
99 MURSAU, PENTERMAN, PLUMER, RETTINGER, SCHRAA, SCHUTT, TITTL, TUSLER and
1010 WICHGERS. Referred to Committee on Government Operations, Elections and
1111 Consumer Protection.
1212 AN ACT to amend 6.275 (1) (f), 6.32 (4), 6.33 (4), 6.33 (5) (a) 1., 6.36 (1) (d), 6.36
1313 (1) (e), 6.47 (6), 6.47 (7) (b), 6.48 (1) (d), 6.48 (2) (b), 6.50 (2), 6.50 (2g), 6.50 (2r)
1414 (g), 6.50 (3), 6.50 (4), 6.50 (5), 6.50 (6), 6.50 (7), 6.50 (10), 6.56 (3), 6.56 (4) and
1515 7.23 (1) (c) of the statutes; relating to: removing ineligible voters from the
1616 official voter registration list.
1717 Analysis by the Legislative Reference Bureau
1818 Under current law, if a voter who appears on the official voter registration list
1919 maintained by the Elections Commission becomes ineligible to vote for any reason,
2020 his or her status is changed from eligible to ineligible on the registration list.
2121 Under this bill, if a voter appearing on the registration list becomes ineligible
2222 to vote for any reason, he or she must be removed from the list and the Elections
2323 Commission must keep a permanent record of the removal, including the date of and
2424 reason for the removal. Consistent with current law, an individual who is removed
2525 from the registration list and subsequently becomes eligible to register to vote in
2626 Wisconsin may reregister as provided by law.
2727 For further information see the state and local fiscal estimate, which will be
2828 printed as an appendix to this bill.
2929 The people of the state of Wisconsin, represented in senate and assembly, do
3030 enact as follows:
3131 1
3232 2
3333 3
3434 4
3535 5 - 2 -2023 - 2024 Legislature LRB-0760/1
3636 JK:skw
3737 SECTION 1 SENATE BILL 26
3838 SECTION 1. 6.275 (1) (f) of the statutes is amended to read:
3939 6.275 (1) (f) The total number of postcards sent by the municipal clerk or board
4040 of election commissioners under s. 6.56 (3), the total number of such postcards
4141 returned to the municipal clerk or board of election commissioners because the
4242 elector did not reside at the address given on the postcard, the total number of
4343 electors whose status was changed from eligible to ineligible on removed from the
4444 registration list as a result of the audit under s. 6.56 (3), and the number of
4545 individuals referred to the district attorney under s. 6.56 (3). The municipal clerk
4646 or board of election commissioners shall provide the information described under
4747 this paragraph to the elections commission and the county clerk or county board of
4848 election commissioners at the earliest practicable time after, but no later than 90
4949 days after, each primary and election at which a state or national office is filled or
5050 a statewide referendum is held, including any special election. The municipal clerk
5151 or board of election commissioners shall update the information described under this
5252 paragraph on a monthly basis and shall submit, on a monthly basis, any such
5353 updated information to the elections commission and the county clerk or county
5454 board of election commissioners.
5555 SECTION 2. 6.32 (4) of the statutes is amended to read:
5656 6.32 (4) If the form is sufficient to accomplish registration and the commission
5757 or clerk has no reliable information to indicate that the proposed elector is not
5858 qualified, the commission or clerk shall enter the elector's name on the registration
5959 list and transmit a 1st class letter or postcard to the registrant, specifying the
6060 elector's ward or aldermanic district, or both, if any, and polling place. The letter or
6161 postcard shall be sent within 10 days of receipt of the form. If the letter or postcard
6262 is returned, or if the commission or clerk is informed of a different address than the
6363 1
6464 2
6565 3
6666 4
6767 5
6868 6
6969 7
7070 8
7171 9
7272 10
7373 11
7474 12
7575 13
7676 14
7777 15
7878 16
7979 17
8080 18
8181 19
8282 20
8383 21
8484 22
8585 23
8686 24
8787 25 - 3 -2023 - 2024 Legislature
8888 LRB-0760/1
8989 JK:skw
9090 SECTION 2
9191 SENATE BILL 26
9292 one specified by the elector, the commission or clerk shall change the status of remove
9393 the elector on from the list from eligible to ineligible. The letter or postcard shall be
9494 marked in accordance with postal regulations to ensure that it will be returned to the
9595 commission or clerk if the elector does not reside at the address given on the letter
9696 or postcard.
9797 SECTION 3. 6.33 (4) of the statutes is amended to read:
9898 6.33 (4) When an individual's registration is changed from eligible to ineligible
9999 status individual is removed from the registration list for any reason, the municipal
100100 clerk or board of election commissioners shall enter notify the commission, providing
101101 the date of and reason for change on removal from the registration list. The
102102 commission shall keep a permanent record of the removal, including the date of and
103103 reason for the removal.
104104 SECTION 4. 6.33 (5) (a) 1. of the statutes is amended to read:
105105 6.33 (5) (a) 1. Except as provided in par. (b) and this paragraph, whenever a
106106 municipal clerk receives a valid registration or valid change of a name or address
107107 under an existing registration or changes a registration from eligible to ineligible
108108 status the municipal clerk or the clerk's designee shall promptly enter electronically
109109 on the list maintained by the commission under s. 6.36 (1) the information required
110110 under that subsection.
111111 SECTION 5. 6.36 (1) (d) of the statutes is amended to read:
112112 6.36 (1) (d) Upon receipt of official notification by the appropriate election
113113 administrative authority of another state, territory, or possession that an elector
114114 whose name appears on the list has registered to vote in that state, territory, or
115115 possession, the commission or the municipal clerk of the municipality where the
116116 1
117117 2
118118 3
119119 4
120120 5
121121 6
122122 7
123123 8
124124 9
125125 10
126126 11
127127 12
128128 13
129129 14
130130 15
131131 16
132132 17
133133 18
134134 19
135135 20
136136 21
137137 22
138138 23
139139 24 - 4 -2023 - 2024 Legislature LRB-0760/1
140140 JK:skw
141141 SECTION 5 SENATE BILL 26
142142 elector formerly resided shall change the elector's registration from eligible to
143143 ineligible status remove the elector's name from the registration list.
144144 SECTION 6. 6.36 (1) (e) of the statutes is amended to read:
145145 6.36 (1) (e) If the commission adds the name of any elector to the list, the
146146 commission shall promptly notify the municipal clerk of the municipality where the
147147 elector resides. If the commission changes the registration of any elector from
148148 eligible to ineligible status removes an elector from the list, the commission shall
149149 promptly notify the municipal clerk of the municipality where the elector resides or,
150150 if the elector has changed his or her residence from one municipality to another
151151 municipality in this state, shall promptly notify the municipal clerk of the
152152 municipality where the elector resided prior to the change removal. Notification
153153 shall be made in writing or by electronic transmission. If the commission changes
154154 the registration of any elector from eligible to ineligible status removes an elector
155155 from the list for any reason, the commission shall make an entry on the list keep a
156156 permanent record giving the date of and the reason for the change the removal.
157157 SECTION 7. 6.47 (6) of the statutes is amended to read:
158158 6.47 (6) Upon expiration of a confidential listing on a registration list under
159159 sub. (2), the municipal clerk shall change the registration of remove the protected
160160 individual to ineligible status from the registration list unless the individual files a
161161 new request and qualifies under sub. (2) to obtain a renewal of the listing or unless
162162 the individual applies for and qualifies to obtain a nonconfidential voter registration.
163163 Except as authorized in sub. (8), the municipal clerk shall withhold from public
164164 inspection under s. 19.35 (1) the name and address of any individual whose
165165 registration is changed removed under this subsection if the individual qualified for
166166 a confidential listing at the time of that listing.
167167 1
168168 2
169169 3
170170 4
171171 5
172172 6
173173 7
174174 8
175175 9
176176 10
177177 11
178178 12
179179 13
180180 14
181181 15
182182 16
183183 17
184184 18
185185 19
186186 20
187187 21
188188 22
189189 23
190190 24
191191 25 - 5 -2023 - 2024 Legislature
192192 LRB-0760/1
193193 JK:skw
194194 SECTION 8
195195 SENATE BILL 26
196196 SECTION 8. 6.47 (7) (b) of the statutes is amended to read:
197197 6.47 (7) (b) If notice to a protected individual is not provided under par. (a), the
198198 municipal clerk shall provide notice to the subject individual upon changing a listed
199199 individual to ineligible status removing a listed individual from the registration list
200200 under sub. (6).
201201 SECTION 9. 6.48 (1) (d) of the statutes is amended to read:
202202 6.48 (1) (d) If the clerk determines that the challenged elector is not qualified,
203203 the clerk shall change the challenged elector's registration from eligible to ineligible
204204 status on remove the elector from the registration list and notify the inspectors for
205205 the ward or election district where the elector was registered.
206206 SECTION 10. 6.48 (2) (b) of the statutes is amended to read:
207207 6.48 (2) (b) Upon appearing in person, objectors shall be examined, under oath,
208208 by the commissioners and testimony taken. Judgment rests with the board of
209209 election commissioners and decisions shall be rendered as soon as heard. All cases
210210 are heard and decided summarily. The commissioners shall determine whether the
211211 person objected to is qualified. If they the commissioners determine that a person
212212 is not qualified, the executive director of the board of election commissioners shall
213213 change the elector from eligible to ineligible status on remove the elector from the
214214 registration list and shall notify the proper ward officials of the change immediately.
215215 SECTION 11. 6.50 (2) of the statutes is amended to read:
216216 6.50 (2) If an elector to whom a notice of suspension was mailed under sub. (1)
217217 has not applied for continuation of registration within 30 days of the date of mailing,
218218 the commission shall change the registration status of that elector from eligible to
219219 ineligible remove the elector from the registration list on the day that falls 30 days
220220 after the date of mailing.
221221 1
222222 2
223223 3
224224 4
225225 5
226226 6
227227 7
228228 8
229229 9
230230 10
231231 11
232232 12
233233 13
234234 14
235235 15
236236 16
237237 17
238238 18
239239 19
240240 20
241241 21
242242 22
243243 23
244244 24
245245 25 - 6 -2023 - 2024 Legislature LRB-0760/1
246246 JK:skw
247247 SECTION 12 SENATE BILL 26
248248 SECTION 12. 6.50 (2g) of the statutes is amended to read:
249249 6.50 (2g) The commission may delegate to a municipal clerk or board of election
250250 commissioners of a municipality the responsibility to change the registration status
251251 of remove electors from the registration list when required under sub. (2).
252252 SECTION 13. 6.50 (2r) (g) of the statutes is amended to read:
253253 6.50 (2r) (g) The number of electors who received notices under sub. (1) and
254254 whose status changed from eligible to ineligible who were removed from the
255255 registration list.
256256 SECTION 14. 6.50 (3) of the statutes is amended to read:
257257 6.50 (3) Upon receipt of reliable information that a registered elector has
258258 changed his or her residence to a location outside of the municipality, the municipal
259259 clerk or board of election commissioners shall notify the elector by mailing a notice
260260 by 1st class mail to the elector's registration address stating the source of the
261261 information. All municipal departments and agencies receiving information that a
262262 registered elector has changed his or her residence shall notify the clerk or board of
263263 election commissioners. If the elector no longer resides in the municipality or fails
264264 to apply for continuation of registration within 30 days of the date the notice is
265265 mailed, the clerk or board of election commissioners shall change the elector's
266266 registration from eligible to ineligible status remove the elector from the registration
267267 list. Upon receipt of reliable information that a registered elector has changed his
268268 or her residence within the municipality, the municipal clerk or board of election
269269 commissioners shall change the elector's registration and mail the elector a notice
270270 of the change. This subsection does not restrict the right of an elector to challenge
271271 any registration under s. 6.325, 6.48, 6.925, 6.93, or 7.52 (5).
272272 SECTION 15. 6.50 (4) of the statutes is amended to read:
273273 1
274274 2
275275 3
276276 4
277277 5
278278 6
279279 7
280280 8
281281 9
282282 10
283283 11
284284 12
285285 13
286286 14
287287 15
288288 16
289289 17
290290 18
291291 19
292292 20
293293 21
294294 22
295295 23
296296 24
297297 25 - 7 -2023 - 2024 Legislature
298298 LRB-0760/1
299299 JK:skw
300300 SECTION 15
301301 SENATE BILL 26
302302 6.50 (4) The municipal clerk or board of election commissioners shall change
303303 the registration of remove deceased electors from eligible to ineligible status the
304304 registration list by means of checking vital statistics reports. No notice need be sent
305305 of registration changes made under this subsection.
306306 SECTION 16. 6.50 (5) of the statutes is amended to read:
307307 6.50 (5) The registration of any elector whose address is listed at a building
308308 which that has been condemned for human habitation by the municipality under s.
309309 66.0413 (1) (j) shall be investigated by the municipal clerk or board of election
310310 commissioners. If the clerk or board of election commissioners can find no reason
311311 why the such an elector should remain on the registration of such an elector should
312312 not be changed from eligible to ineligible status list, the clerk or board of election
313313 commissioners shall change the elector's registration status remove the elector from
314314 the list. If the elector has left a forwarding address with the U.S. postal service, a
315315 notice of change in status removal shall be mailed by the clerk or board of election
316316 commissioners to the forwarding address.
317317 SECTION 17. 6.50 (6) of the statutes is amended to read:
318318 6.50 (6) The municipal clerk, upon authorization by an elector, shall change the
319319 elector's registration from eligible to ineligible status remove the elector from the
320320 registration list.
321321 SECTION 18. 6.50 (7) of the statutes is amended to read:
322322 6.50 (7) When an elector's registration is changed from eligible to ineligible
323323 status elector is removed from the registration list, the commission, municipal clerk,
324324 or board of election commissioners shall make an entry on the registration list keep
325325 a permanent record of the removal, giving the date of and reason for the change.
326326 SECTION 19. 6.50 (10) of the statutes is amended to read:
327327 1
328328 2
329329 3
330330 4
331331 5
332332 6
333333 7
334334 8
335335 9
336336 10
337337 11
338338 12
339339 13
340340 14
341341 15
342342 16
343343 17
344344 18
345345 19
346346 20
347347 21
348348 22
349349 23
350350 24
351351 25 - 8 -2023 - 2024 Legislature LRB-0760/1
352352 JK:skw
353353 SECTION 19 SENATE BILL 26
354354 6.50 (10) Any qualified elector whose registration is changed from eligible to
355355 ineligible status who is removed from the registration list under this section may
356356 reregister as provided under s. 6.28 (1), 6.29 (2), or 6.55 (2), or, if the elector has a
357357 current and valid operator's license issued to the elector under ch. 343 or a current
358358 and valid identification card issued under s. 343.50, may reregister under s. 6.30 (5).
359359 SECTION 20. 6.56 (3) of the statutes is amended to read:
360360 6.56 (3) Upon receipt of the list under sub. (1), the municipal clerk or board of
361361 election commissioners shall make an audit of all electors registering to vote at the
362362 polling place or other registration location under s. 6.55 (2) and all electors
363363 registering by agent on election day under s. 6.86 (3) (a) 2. unless the clerk or board
364364 of election commissioners receives notice from the elections commission under sub.
365365 (7) that the elections commission will perform the audit. The audit shall be made by
366366 1st class postcard. The postcard shall be marked in accordance with postal
367367 regulations to ensure that it will be returned to the clerk, board of election
368368 commissioners, or elections commission if the elector does not reside at the address
369369 given on the postcard. If any postcard is returned undelivered, or if the clerk, board
370370 of election commissioners, or elections commission is informed of a different address
371371 than the one specified by the elector which was apparently improper on the day of
372372 the election, the clerk, board of election commissioners, or elections commission shall
373373 change the status of the elector from eligible to ineligible on remove the elector from
374374 the registration list, mail the elector a notice of the change in status removal, and
375375 provide the name of the elector to the district attorney for the county where the
376376 polling place is located and the elections commission.
377377 SECTION 21. 6.56 (4) of the statutes is amended to read:
378378 1
379379 2
380380 3
381381 4
382382 5
383383 6
384384 7
385385 8
386386 9
387387 10
388388 11
389389 12
390390 13
391391 14
392392 15
393393 16
394394 17
395395 18
396396 19
397397 20
398398 21
399399 22
400400 23
401401 24 - 9 -2023 - 2024 Legislature
402402 LRB-0760/1
403403 JK:skw
404404 SECTION 21
405405 SENATE BILL 26
406406 6.56 (4) After each election, the municipal clerk shall perform an audit to
407407 assure that no person has been allowed to vote more than once. Whenever the
408408 municipal clerk has good reason to believe that a person has voted more than once
409409 in an election, the clerk shall send the person a 1st class letter marked in accordance
410410 with postal regulations to ensure that it will be returned to the clerk if the elector
411411 does not reside at the address given on the letter. The letter shall inform the person
412412 that all registrations relating to that person may be changed from eligible to
413413 ineligible status removed from the registration list within 7 days unless the person
414414 contacts the office of the clerk to clarify the matter. A copy of the letter and of any
415415 subsequent information received from or about the addressee shall be sent to the
416416 district attorney for the county where the person resides and the commission.
417417 SECTION 22. 7.23 (1) (c) of the statutes is amended to read:
418418 7.23 (1) (c) Registration forms of electors whose registrations are changed to
419419 ineligible status removed from the registration list under s. 6.50 (7) may be destroyed
420420 4 years after the change removal, unless an elector becomes eligible again reregisters
421421 during that period.
422422 (END)
423423 1
424424 2
425425 3
426426 4
427427 5
428428 6
429429 7
430430 8
431431 9
432432 10
433433 11
434434 12
435435 13
436436 14
437437 15
438438 16
439439 17