Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB548 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 SENATE BILL 548
5	5	October 23, 2023 - Introduced by Senators SMITH, SPREITZER, WIRCH, HESSELBEIN
6	6	and TAYLOR, cosponsored by Representatives EMERSON, SHANKLAND, ANDRACA,
7	7	J. ANDERSON, DRAKE, PALMERI, CABRERA, CONSIDINE, OHNSTAD, ORTIZ-VELEZ,
8	8	JACOBSON, SUBECK and RATCLIFF. Referred to Committee on Shared Revenue,
9	9	Elections and Consumer Protection.
10	10	AN ACT to renumber 5.07; to amend 5.05 (1) (e), 5.056, 5.06 (2), 5.25 (4) (b), 5.35
11	11	(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
12	12	(1) (b), 6.86 (3) (c), 12.09 (1), 12.09 (3), 12.60 (1) (a), 12.60 (4) and 85.61 (1); and
13	13	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
14	14	(3) (d) to (g), 7.08 (13), 7.08 (14), 7.10 (11), 7.15 (16), 12.17, 12.19, 12.60 (1) (am),
15	15	12.60 (1) (an), 12.60 (1) (ap), 12.60 (1) (bn) and 343.14 (2p) of the statutes;
16	16	relating to: automatic voter registration, deceptive election practices, voter
17	17	intimidation and suppression, voter rights, polling place posting and language
18	18	requirements, election manual requirements, granting rule-making authority,
19	19	and providing a penalty.
20	20	Analysis by the Legislative Reference Bureau
21	21	This bill makes various changes to laws relating to elections and voting.
22	22	Automatic voter registration
23	23	The bill requires the Elections Commission to use all feasible means to facilitate
24	24	the registration of all eligible electors of this state and to maintain the registration
25	25	of all eligible electors for so long as the electors remain eligible, except as the law
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38	38	specifically requires electors to take some action to continue their registrations.
39	39	Under the bill, the commission must attempt to facilitate the initial registration of
40	40	all eligible electors no later than July 1, 2025. To facilitate the initial registration,
41	41	the bill directs the commission and the Department of Transportation to enter into
42	42	an agreement so that DOT may transfer specified personally identifiable
43	43	information in DOT's records to the commission. The bill requires the commission
44	44	to maintain the confidentiality of any information it obtains under the agreement
45	45	and allows a driver's license or identification card applicant to “opt out" of DOT's
46	46	transfer of this information to the commission. Once the commission obtains all the
47	47	information required under current law to complete an elector's registration, the
48	48	commission adds the elector's name to the statewide registration list. The bill also
49	49	permits an individual whose name is added to the registration list or who wishes to
50	50	permanently exclude his or her name from the list to file a request to have his or her
51	51	name deleted or excluded from the list or to revoke a deletion or exclusion request
52	52	previously made. A deletion or exclusion request or revocation of a deletion or
53	53	exclusion request may be made in the manner prescribed by the commission. In
54	54	addition, the bill directs the commission to notify an individual by first class postcard
55	55	whenever the commission removes his or her name from the registration list or
56	56	changes his or her status on the list from eligible to ineligible.
57	57	The bill also directs the commission to report to the appropriate standing
58	58	committees of the legislature, no later than July 1, 2025, its progress in initially
59	59	implementing the registration system created by the bill. The report must contain
60	60	an assessment of the feasibility and desirability or integration of registration
61	61	information with information maintained by the Departments of Health Services,
62	62	Children and Families, Workforce Development, Revenue, Safety and Professional
63	63	Services, and Natural Resources; the University of Wisconsin System; and the
64	64	Technical College System Board, as well as with the technical colleges in each
65	65	technical college district.
66	66	Under current law, a qualified elector with a current and valid driver's license
67	67	or identification card issued by DOT may register to vote electronically on a secure
68	68	website maintained by the commission. To register electronically under current law,
69	69	a qualified elector must also authorize DOT to forward a copy of his or her electronic
70	70	signature to the commission. The authorization affirms that all information
71	71	provided by the elector is correct and has the same effect as a written signature on
72	72	a paper copy of the registration form. Finally, current law requires the commission
73	73	and DOT to enter into an agreement that permits the commission to verify the
74	74	necessary registration information instantly by accessing DOT's electronic files.
75	75	Deceptive election practices
76	76	The bill prohibits any person from intentionally deceiving any other person
77	77	regarding the date, time, place, or manner of conducting an election; the
78	78	qualifications for voting or restrictions on the eligibility of electors to vote in an
79	79	election; or the endorsement of candidates by specified persons. Any person who
80	80	violates that prohibition with intent to prevent any person from exercising the right
81	81	to vote in an election may be fined not more than $100,000 or imprisoned for not more
82	82	than five years, or both. - 3 -2023 - 2024 Legislature
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86	86	The bill also permits any person who is aggrieved by an alleged violation
87	87	described above to obtain a court order restraining the violation and to file a sworn
88	88	complaint with the Elections Commission. If the commission finds that the facts
89	89	alleged in the complaint, if true, would constitute a violation, it must promptly
90	90	investigate the complaint. If the commission finds that a violation has occurred or
91	91	is occurring, the commission must take all measures necessary to provide correct
92	92	information to electors who may have been deceived by the actions of the alleged
93	93	violator and must refer the matter to the appropriate authority for prosecution.
94	94	The bill directs the commission to promulgate rules concerning corrective
95	95	measures that may be appropriate whenever violations occur. In addition, the bill
96	96	directs the commission to report biennially to the appropriate standing committees
97	97	of the legislature with regard to violations and actions taken in response to
98	98	violations.
99	99	Voter intimidation and suppression
100	100	The bill provides that no person may make use of or threaten to make use of
101	101	force, violence, restraint, or any tactic of coercion or intimidation in order to induce
102	102	or compel any person to vote or refrain from voting at an election, to refrain from
103	103	registering to vote at an election, or to vote or refrain from voting for or against a
104	104	particular candidate or referendum question at an election. Violators may be fined
105	105	not more than $100,000 or imprisoned for not more than three years, or both.
106	106	Current law contains similar but not identical prohibitions, and under current law,
107	107	violators may be fined not more than $10,000 or imprisoned for not more than three
108	108	years and six months, or both.
109	109	The bill also provides that no person may knowingly attempt to prevent or deter
110	110	another person from voting or registering to vote based upon fraudulent, deceptive,
111	111	or spurious grounds or information. Violators may be fined not more than $50,000
112	112	or imprisoned for not more than two years, or both.
113	113	The bill also permits any elector of this state to sue for injunctive relief, a court
114	114	order requiring or prohibiting certain action, or any other appropriate relief, to
115	115	compel compliance with the bill's prohibitions and requirements relating to voter
116	116	intimidation, suppression, and protection. Currently, an elector may be required to
117	117	pursue administrative relief before filing suit and in some cases must petition a
118	118	district attorney or the attorney general to file suit on his or her behalf.
119	119	Voter bill of rights
120	120	The bill creates a voter bill of rights that municipal clerks and boards of election
121	121	commissioners must post at each polling place. The bill of rights informs voters that
122	122	the voters have the right to do all of the following:
123	123	1. Vote if registered and eligible to vote.
124	124	2. Inspect a sample ballot before voting.
125	125	3. Cast a ballot if in line when the polling place closes or, if voting by in-person
126	126	absentee ballot on the last day for which such voting is allowed, when the municipal
127	127	clerk's office closes.
128	128	4. Cast a secret ballot.
129	129	5. Get help casting a ballot if disabled.
130	130	6. Get help voting in a language other than English as provided by law. - 4 -2023 - 2024 Legislature LRB-4542/1
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133	133	7. Get a new ballot, up to three ballots in all, if the voter makes a mistake on
134	134	the ballot.
135	135	8. Cast a provisional ballot as provided by law.
136	136	9. Have the voter's ballot counted accurately.
137	137	10. Vote free from coercion or intimidation.
138	138	11. Report any illegal or fraudulent election activity.
139	139	Polling place posting and language requirements
140	140	Currently, municipal clerks and boards of election commissioners are directed
141	141	by law to post specified materials at each polling place. Currently, the Elections
142	142	Commission is also directed to ensure that in any jurisdiction in this state that is
143	143	required under federal law to provide voting materials in a language other than
144	144	English, the voting system used in that jurisdiction is in compliance with federal law.
145	145	This bill permits the commission to authorize another means of providing
146	146	notice to electors of the information required to be posted if the commission
147	147	determines that the alternative means of providing notice is at least as effective as
148	148	posting.
149	149	The bill also requires that at each polling place located in a jurisdiction that is
150	150	required under federal law to provide voting materials in a language other than
151	151	English, all required postings must be made in that language as well as in English
152	152	unless otherwise permitted by the commission. In addition, the bill directs the
153	153	municipal clerk or board of election commissioners of any such jurisdiction to contact
154	154	and coordinate with organizations that advocate for the rights of individuals who
155	155	speak that language to ensure that each polling place in the jurisdiction adequately
156	156	serves the needs of these individuals, and to endeavor to ensure that at least one of
157	157	the election officials who serves at each polling place in the jurisdiction speaks that
158	158	language.
159	159	Election manual
160	160	Under current law, the Elections Commission is required to publish an election
161	161	manual explaining the duties of election officials. The election manual is subject to
162	162	periodic review and revision and must emphasize that election officials should help,
163	163	not hinder, electors in exercising their voting rights.
164	164	The bill provides a number of additional requirements for the election manual,
165	165	including that the election manual be written in clear, unambiguous language; be
166	166	indexed by subject; contain specific examples of common problems encountered at
167	167	polling places on election day and detailed, specific procedures for resolving those
168	168	problems; and include an explanation of the laws and rules governing solicitation at
169	169	polling places, the rights of voters, and security procedures and other procedures to
170	170	be followed at polling places.
171	171	Withholding of voluntarily provided elector information
172	172	Currently, the Elections Commission and municipal clerks must provide public
173	173	access to information in the records of the commission and clerks unless otherwise
174	174	provided by law or unless the custodian demonstrates that the public interest in
175	175	withholding public access outweighs the public interest in providing that access. The
176	176	bill provides that whenever the commission or a county or municipal clerk or board
177	177	of election commissioners has the telephone number or email address of an elector - 5 -2023 - 2024 Legislature
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181	181	that is voluntarily provided by the elector to the commission or to the clerk or board,
182	182	the commission and the clerk and board are prohibited from providing access to that
183	183	information except to election officials and employees to be used for the
184	184	administration of elections.
185	185	Because this bill creates a new crime or revises a penalty for an existing crime,
186	186	the Joint Review Committee on Criminal Penalties may be requested to prepare a
187	187	report.
188	188	For further information see the state and local fiscal estimate, which will be
189	189	printed as an appendix to this bill.
190	190	The people of the state of Wisconsin, represented in senate and assembly, do
191	191	enact as follows:
192	192	SECTION 1. 5.05 (1) (e) of the statutes is amended to read:
193	193	5.05 (1) (e) Issue an order under s. 5.06, exempt a polling place from
194	194	accessibility requirements under s. 5.25 (4) (a), permit a municipality to provide
195	195	notices required at polling places by alternative means under s. 5.35 (6) (d), exempt
196	196	a municipality from the requirement to use voting machines or an electronic voting
197	197	system under s. 5.40 (5m), approve an electronic data recording system for
198	198	maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
199	199	who is nominated to serve as an election official under s. 7.30 (4) (e), or review and
200	200	investigate complaints received under s. 12.17 (4) and order corrective measures
201	201	under s. 12.17 (5) (a).
202	202	SECTION 2. 5.056 of the statutes is amended to read:
203	203	5.056 Matching program with secretary of transportation. The
204	204	commission administrator shall enter into the agreement with the secretary of
205	205	transportation specified under s. 85.61 (1) to match personally identifiable
206	206	information on the official registration list maintained by the commission under s.
207	207	6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally
208	208	identifiable information maintained by the department of transportation. Subject
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227	227	SECTION 2 SENATE BILL 548
228	228	to s. 343.14 (2p) (b), the agreement shall provide for the electronic transfer of
229	229	information under s. 6.256 (2) to the commission on a continuous basis, no less often
230	230	than monthly.
231	231	SECTION 3. 5.06 (2) of the statutes is amended to read:
232	232	5.06 (2) No Except as authorized in ss. 5.07 (2) and 12.17 (3), no person who
233	233	is authorized to file a complaint under sub. (1), other than the attorney general or
234	234	a district attorney, may commence an action or proceeding to test the validity of any
235	235	decision, action or failure to act on the part of any election official with respect to any
236	236	matter specified in sub. (1) without first filing a complaint under sub. (1), nor prior
237	237	to disposition of the complaint by the commission. A complaint is deemed disposed
238	238	of if the commission fails to transmit an acknowledgment of receipt of the complaint
239	239	within 5 business days from the date of its receipt or if the commission concludes its
240	240	investigation without a formal decision.
241	241	SECTION 4. 5.07 of the statutes is renumbered 5.07 (1).
242	242	SECTION 5. 5.07 (2) of the statutes is created to read:
243	243	5.07 (2) Whenever a violation of s. 5.25 (4) (b), 5.35 (6) (a) 4c., 7.08 (3), 12.09,
244	244	or 12.19 occurs or is proposed to occur, any elector of this state may sue for injunctive
245	245	relief, a writ of mandamus or prohibition, or such other legal or equitable relief as
246	246	may be appropriate to compel compliance with the law. The action shall be filed in
247	247	circuit court for the county where the violation occurs or is proposed to occur. In such
248	248	actions, the court shall award costs and reasonable actual attorney fees to the
249	249	plaintiff if the plaintiff prevails in the action.
250	250	SECTION 6. 5.25 (4) (b) of the statutes is amended to read:
251	251	5.25 (4) (b) In any jurisdiction that is subject to the requirement under 42 USC
252	252	1973aa-1a to provide voting materials in any a language other than English, the
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280	280	SECTION 6
281	281	SENATE BILL 548
282	282	commission shall, for each such language, ensure that the notices specified in s. 5.35
283	283	(6) are given in that language and the voting system used at each polling place in that
284	284	jurisdiction is in compliance with 42 USC 1973aa-1a.
285	285	SECTION 7. 5.25 (4) (c) of the statutes is created to read:
286	286	5.25 (4) (c) In any jurisdiction that is subject to the requirement under 42 USC
287	287	1973aa-1a to provide voting materials in a language other than English, the
288	288	municipal clerk or board of election commissioners shall, for each such language,
289	289	contact and coordinate with organizations that advocate for the rights of individuals
290	290	who speak that language to ensure that each polling place in the jurisdiction
291	291	adequately serves the needs of those individuals and shall endeavor to ensure that
292	292	at least one of the election officials who serves at each polling place in the jurisdiction
293	293	speaks that language.
294	294	SECTION 8. 5.35 (6) (a) (intro.) of the statutes is amended to read:
295	295	5.35 (6) (a) (intro.) At Except as authorized under par. (d), at each polling place
296	296	in the state, the municipal clerk or board of election commissioners shall post the
297	297	following materials, positioned so that they the materials may be readily observed
298	298	by electors entering the polling place or waiting in line to vote:
299	299	SECTION 9. 5.35 (6) (a) 4c. of the statutes is created to read:
300	300	5.35 (6) (a) 4c. A voter bill of rights in substantially the following form:
301	301	VOTER BILL OF RIGHTS
302	302	You have the following rights:
303	303	“ The right to vote if you are registered and eligible to vote. You are
304	304	eligible to vote if you (1) are a U.S. citizen, (2) are at least 18 years old, (3) are
305	305	registered where you currently live, (4) are not currently serving any portion of a
306	306	felony sentence, including probation or supervision, (5) are not currently found
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334	334	mentally incompetent to vote by a court, and (6) have not placed a bet or a wager on
335	335	the outcome of the election.
336	336	“ The right to inspect a sample ballot before voting.
337	337	“ The right to cast a ballot if you are in line when your polling place
338	338	closes or when your municipal clerk's office closes if you are voting by in-person
339	339	absentee ballot on the last day for which such voting is allowed.
340	340	“ The right to cast a secret ballot, without anyone bothering you or telling
341	341	you how to vote.
342	342	“ If you have a disability, the right to get help casting your ballot from
343	343	anyone you choose, except from your employer or union representative.
344	344	“ The right to get help voting in a language other than English if enough
345	345	voters where you live speak your language.
346	346	“ The right to get a new ballot if you made a mistake. You can get up to
347	347	3 ballots in all if you make a mistake and have not already cast your ballot.
348	348	“ The right to cast a provisional ballot. You can cast a provisional ballot
349	349	if you are unable or unwilling to provide required proof of identification for voting or
350	350	a valid driver license or identification card number for registering to vote on election
351	351	day. Your provisional ballot will not be counted unless you provide the required
352	352	information to the poll workers by 8:00 p.m. on election day or to the municipal clerk
353	353	by 4:00 p.m. of the Friday following the election.
354	354	“ The right to have your ballot counted accurately.
355	355	“ The right to vote free from coercion or intimidation by any election
356	356	official or other person.
357	357	“ The right to report any illegal or fraudulent election activity to an
358	358	elections official or the State of Wisconsin Elections Commission.
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386	386	SECTION 10
387	387	SENATE BILL 548
388	388	SECTION 10. 5.35 (6) (a) 5. of the statutes is amended to read:
389	389	5.35 (6) (a) 5. Any other voting information directed to be posted by the
390	390	commission to be posted or to be noticed under par. (d).
391	391	SECTION 11. 5.35 (6) (b) of the statutes is amended to read:
392	392	5.35 (6) (b) At Except as authorized under par. (d), at each polling place in the
393	393	state where a consolidated ballot under s. 5.655 is used or an electronic voting system
394	394	is utilized at a partisan primary election incorporating a ballot upon which electors
395	395	may mark votes for candidates of more than one recognized political party, the
396	396	municipal clerk or board of election commissioners shall prominently post a sign in
397	397	the form prescribed by the commission warning electors in substance that on any
398	398	ballot with votes cast for candidates of more than one recognized political party, no
399	399	votes cast for any candidates for partisan office will be counted unless a preference
400	400	for a party is made. If the elector designates a preference, only votes cast for
401	401	candidates of that preference will be counted.
402	402	SECTION 12. 5.35 (6) (c) of the statutes is amended to read:
403	403	5.35 (6) (c) At Except as authorized under par. (d), at each polling place located
404	404	in a municipality that is served by more than one polling place for an election, the
405	405	municipal clerk or board of election commissioners shall prominently post a map of
406	406	the geographic area served by the polling place for that election. The posting shall
407	407	clearly show the boundaries of the ward or wards served by the polling place for that
408	408	election.
409	409	SECTION 13. 5.35 (6) (d) of the statutes is created to read:
410	410	5.35 (6) (d) As an alternative to any posting requirement under this subsection,
411	411	the commission may authorize another means of providing notice to affected electors
412	412	of the information specified in this subsection if the commission determines that the
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439	439	SECTION 13 SENATE BILL 548
440	440	alternative means of providing the information is at least as effective as posting. Any
441	441	authorization under this paragraph shall be in writing and shall specify the
442	442	particular alternative means of notification that may be used.
443	443	SECTION 14. 6.256 of the statutes is created to read:
444	444	6.256 Commission shall facilitate registration of electors. (1) Except as
445	445	provided for individuals specified in sub. (8) and as otherwise expressly provided, the
446	446	commission shall use all feasible means to facilitate the registration of all eligible
447	447	electors of this state who are subject to a registration requirement and the
448	448	maintenance of the registration of all eligible electors for so long as an elector
449	449	remains eligible.
450	450	(2) Subject to s. 343.14 (2p) (b), for the purpose of carrying out its functions
451	451	under sub. (1), the commission shall obtain the following information from the
452	452	department of transportation, to the extent that the department has the
453	453	information:
454	454	(a) The full name of each individual who holds a current operator's license
455	455	issued to the individual under ch. 343 or a current identification card issued to the
456	456	individual under s. 343.50, together with the following information pertaining to
457	457	that individual:
458	458	1. The current address of the individual together with any address history and
459	459	any name history maintained by the department of transportation.
460	460	2. The date of birth of the individual.
461	461	3. The number of the license or identification card issued to the individual.
462	462	4. A copy of the document that the applicant provided as proof of citizenship
463	463	and a statement from the department of transportation indicating that the
464	464	department verified the applicant's citizenship. For purposes of this subdivision, the
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492	492	SECTION 14
493	493	SENATE BILL 548
494	494	applicant shall provide a document that meets the requirements under 42 USC
495	495	1320b-7 (d).
496	496	(b) For each item of information specified in this subsection, the most recent
497	497	date that the item of information was provided to or obtained by the department of
498	498	transportation.
499	499	(3) The commission shall compare the information obtained under sub. (2) with
500	500	the information in the registration list under s. 6.36 (1) (a). If the commission finds
501	501	discrepancies between the information obtained under sub. (2) regarding an elector
502	502	and the information in the registration list under s. 6.36 (1) (a) regarding that same
503	503	elector, the commission shall contact the elector by mail or telephone or in person to
504	504	resolve the discrepancies. If the commission is able to resolve the discrepancies after
505	505	contacting the elector, the commission shall update the information on the
506	506	registration list. If the commission is unable to contact the elector, the commission
507	507	shall resolve any discrepancies in favor of the information in the registration list.
508	508	(4) Except as provided in this subsection and sub. (8), if the commission
509	509	concludes that an individual appears eligible to vote in this state but is not
510	510	registered, and the commission has obtained from reliable sources all the
511	511	information required under s. 6.33 (1) to complete the individual's registration, the
512	512	commission shall enter the individual's name on the registration list. If the
513	513	commission has not obtained from reliable sources all the information pertaining to
514	514	an individual that is required under s. 6.33 (1), the commission shall attempt to
515	515	obtain from reliable sources the necessary information under s. 6.33 (1) that is
516	516	required to complete the individual's registration. If an elector's status has been
517	517	changed from eligible to ineligible under s. 6.50 (2) or (2g) and the elector's eligibility,
518	518	name, or residence has not changed, the commission may not change the individual's
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544	544	MPG:cdc
545	545	SECTION 14 SENATE BILL 548
546	546	name to eligible status unless the commission first verifies that the individual is
547	547	eligible and wishes to change his or her status to eligible.
548	548	(5) The commission shall attempt to contact an individual described in sub. (4)
549	549	if necessary to obtain all the information specified in s. 6.33 (1) pertaining to the
550	550	individual that is required to complete the individual's registration.
551	551	(6) If the commission is able to obtain all the required information specified in
552	552	s. 6.33 (1) pertaining to an individual, the commission shall enter the name of the
553	553	individual on the registration list maintained under s. 6.36 (1) (a).
554	554	(7) The commission shall mail a notice to each individual whose name the
555	555	commission enters under sub. (6) on the registration list maintained under s. 6.36
556	556	(1) (a). The notice shall be printed in English, Spanish, and other languages spoken
557	557	by a significant number of state residents, as determined by the commission, and
558	558	shall include all of the following:
559	559	(a) A statement informing the individual that his or her name has been entered
560	560	on the registration list and showing the current address for the individual based on
561	561	the commission's records.
562	562	(b) A statement informing the individual that he or she may request to have
563	563	his or her name deleted from the registration list and instructions for doing so.
564	564	(c) Instructions for notifying the commission of a change in name or address.
565	565	(d) Instructions for obtaining a confidential listing under s. 6.47 (2) and a
566	566	description of how an individual qualifies for a confidential listing.
567	567	(8) Any individual may file a request with the commission to exclude his or her
568	568	name from the registration list maintained under s. 6.36 (1) (a). Any individual
569	569	whose name is added to the registration list by the commission may file a request
570	570	with the commission or a municipal clerk to have his or her name deleted from the
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596	596	LRB-4542/1
597	597	MPG:cdc
598	598	SECTION 14
599	599	SENATE BILL 548
600	600	list. A request for exclusion or deletion shall be filed in the manner prescribed by the
601	601	commission. An individual who files an exclusion or deletion request under this
602	602	subsection may revoke his or her request by the same means that an individual may
603	603	request an exclusion or deletion. The commission shall ensure that the name of any
604	604	individual who has filed an exclusion or deletion request under this subsection is
605	605	excluded from the registration list or, if the individual's name appears on the list, is
606	606	removed from the registration list and is not added to the list at any subsequent time
607	607	unless the individual files a revocation of his or her request under this subsection.
608	608	(9) If the commission removes from the registration list the name of an elector
609	609	who does not request that his or her name be deleted, other than to correct an entry
610	610	that the commission positively determines to be a duplication or to change the name
611	611	of an individual who is verified to be deceased to ineligible status, the commission
612	612	shall mail to the individual a notice of the removal or change in status by 1st class
613	613	postcard to the individual's last-known address. The notice shall provide that the
614	614	individual may apply to have his or her status changed to eligible if he or she is a
615	615	qualified elector.
616	616	(10) The commission shall attempt to facilitate the initial registration of all
617	617	eligible electors, except as otherwise provided in this section, no later than July 1,
618	618	2025.
619	619	(11) The commission shall maintain the confidentiality of all information
620	620	obtained from the department of transportation under sub. (2) and may use this
621	621	information only for the purpose of carrying out its functions under sub. (1) and s.
622	622	6.34 (2m) and in accordance with the agreement under s. 85.61 (1).
623	623	SECTION 15. 6.29 (2) (e) of the statutes is created to read:
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647	647	24 - 14 -2023 - 2024 Legislature LRB-4542/1
648	648	MPG:cdc
649	649	SECTION 15 SENATE BILL 548
650	650	6.29 (2) (e) The municipal clerk or clerk's agent shall promptly add the name
651	651	of a qualified elector who registers and votes under this section to the registration
652	652	list. The clerk or clerk's agent shall add the name of a qualified elector who votes at
653	653	the elector's polling place in the manner prescribed in s. 6.33 (5) (a).
654	654	SECTION 16. 6.33 (2) (a) of the statutes is amended to read:
655	655	6.33 (2) (a) All information may be recorded by any person, except that the clerk
656	656	shall record the ward and aldermanic district, if any, other geographic information
657	657	under sub. (1), the indication of whether the registration is received by mail, and the
658	658	type of identifying document submitted by the elector as proof of residence under s.
659	659	6.34 or the indication of verification of information in lieu of proof of residence under
660	660	s. 6.34 (2m). Except as provided in s. 6.30 (5), each elector shall sign his or her own
661	661	name unless the elector is unable to sign his or her name due to physical disability.
662	662	In such case, the elector may authorize another elector to sign the form on his or her
663	663	behalf. If the elector so authorizes, the elector signing the form shall attest to a
664	664	statement that the application is made upon request and by authorization of a named
665	665	elector who is unable to sign the form due to physical disability.
666	666	SECTION 17. 6.35 (3) of the statutes is amended to read:
667	667	6.35 (3) Original Except for electronic registrations, original registration forms
668	668	shall be maintained in the office of the municipal clerk or board of election
669	669	commissioners at all times. The commission shall maintain electronic registration
670	670	forms and make such forms available for inspection by the municipal clerk, the
671	671	clerk's designated agent, or the board of election commissioners.
672	672	SECTION 18. 6.86 (1) (b) of the statutes is amended to read:
673	673	6.86 (1) (b) Except as provided in this section, if application is made by mail,
674	674	the application shall be received no later than 5 p.m. on the 5th day immediately
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699	699	25 - 15 -2023 - 2024 Legislature
700	700	LRB-4542/1
701	701	MPG:cdc
702	702	SECTION 18
703	703	SENATE BILL 548
704	704	preceding the election. If application is made in person, the application shall be
705	705	made no earlier than 14 days preceding the election and no later than the Sunday
706	706	preceding the election. No application may be received on a legal holiday. A
707	707	municipality shall specify the hours in the notice under s. 10.01 (2) (e). The
708	708	municipal clerk or an election official shall witness the certificate for any in-person
709	709	absentee ballot cast. Any elector waiting to cast an in-person absentee ballot at the
710	710	time the municipal clerk's office officially closes on the last day for which such ballots
711	711	may be cast, whether the elector is waiting within or in the line outside the municipal
712	712	clerk's office, shall be permitted to cast his or her in-person absentee ballot. Except
713	713	as provided in par. (c), if the elector is making written application for an absentee
714	714	ballot at the partisan primary, the general election, the presidential preference
715	715	primary, or a special election for national office, and the application indicates that
716	716	the elector is a military elector, as defined in s. 6.34 (1), the application shall be
717	717	received by the municipal clerk no later than 5 p.m. on election day. If the application
718	718	indicates that the reason for requesting an absentee ballot is that the elector is a
719	719	sequestered juror, the application shall be received no later than 5 p.m. on election
720	720	day. If the application is received after 5 p.m. on the Friday immediately preceding
721	721	the election, the municipal clerk or the clerk's agent shall immediately take the ballot
722	722	to the court in which the elector is serving as a juror and deposit it with the judge.
723	723	The judge shall recess court, as soon as convenient, and give the elector the ballot.
724	724	The judge shall then witness the voting procedure as provided in s. 6.87 and shall
725	725	deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling
726	726	place or, in municipalities where absentee ballots are canvassed under s. 7.52, to the
727	727	municipal clerk as required in s. 6.88. If application is made under sub. (2) or (2m),
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752	752	MPG:cdc
753	753	SECTION 18 SENATE BILL 548
754	754	the application may be received no later than 5 p.m. on the Friday immediately
755	755	preceding the election.
756	756	SECTION 19. 6.86 (3) (c) of the statutes is amended to read:
757	757	6.86 (3) (c) An application under par. (a) 1. may be made and a registration form
758	758	under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier
759	759	than 7 days before an election and not later than 5 p.m. on the day of the election.
760	760	A list of hospitalized electors applying for ballots under par. (a) 1. shall be made by
761	761	the municipal clerk and used to check that the electors vote only once, and by
762	762	absentee ballot. If Except as provided in s. 6.34 (2m), if the elector is registering for
763	763	the election after the close of registration or if the elector registered by mail and has
764	764	not voted in an election in this state, the municipal clerk shall inform the agent that
765	765	proof of residence under s. 6.34 is required and the elector shall enclose proof of
766	766	residence under s. 6.34 in the envelope with the ballot. The clerk shall verify that
767	767	the name on any required proof of identification presented by the agent conforms to
768	768	the name on the elector's application. The clerk shall then enter his or her initials
769	769	on the carrier envelope indicating that the agent presented proof of identification to
770	770	the clerk. The agent is not required to enter a signature on the registration list. The
771	771	ballot shall be sealed by the elector and returned to the municipal clerk either by mail
772	772	or by personal delivery of the agent; but if the ballot is returned on the day of the
773	773	election, the agent shall make personal delivery to the polling place serving the
774	774	hospitalized elector's residence before the closing hour or, in municipalities where
775	775	absentee ballots are canvassed under s. 7.52, to the municipal clerk no later than 8
776	776	p.m. on election day.
777	777	SECTION 20. 7.08 (3) (d) to (g) of the statutes are created to read:
778	778	7.08 (3) (d) Be written in clear, unambiguous language.
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804	804	LRB-4542/1
805	805	MPG:cdc
806	806	SECTION 20
807	807	SENATE BILL 548
808	808	(e) Be indexed by subject.
809	809	(f) Contain specific examples of common problems encountered at polling
810	810	places on election day and detailed, specific procedures for resolving those problems.
811	811	(g) Include an explanation of all of the following:
812	812	1. Laws and rules governing solicitation by individuals and groups at a polling
813	813	place.
814	814	2. Procedures to be followed with respect to electors whose names do not appear
815	815	on the registration list under s. 6.36 (1) (a).
816	816	3. Procedures to be followed with respect to electors attempting to vote on
817	817	election day who have cast an absentee ballot in the election.
818	818	4. Procedures for assisting voters who need help due to language barriers or
819	819	disabilities.
820	820	5. Proper operation of any electronic voting system used at a polling place.
821	821	6. Procedures for handling ballots.
822	822	7. Procedures governing spoiled ballots.
823	823	8. Procedures to be followed after a polling place closes.
824	824	9. Rights of electors at the polls.
825	825	10. Procedures for handling emergency situations.
826	826	11. Procedures for handling and processing provisional ballots.
827	827	12. Security procedures.
828	828	SECTION 21. 7.08 (13) of the statutes is created to read:
829	829	7.08 (13) REMEDIES FOR DECEPTIVE ELECTION PRACTICES. Disseminate through
830	830	the Internet and radio, television, and newspaper advertisements information
831	831	concerning complaint procedures and remedies for deceptive election practices
832	832	under s. 12.17.
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858	858	MPG:cdc
859	859	SECTION 22 SENATE BILL 548
860	860	SECTION 22. 7.08 (14) of the statutes is created to read:
861	861	7.08 (14) WITHHOLD PERSONAL INFORMATION PROVIDED TO COMMISSION. Withhold
862	862	from public inspection under s. 19.35 (1) the telephone number and email address
863	863	of any elector who voluntarily provides that information to the commission or to a
864	864	county or municipal clerk. The commission may transfer the information to any
865	865	official or employee who has access to the information in the registration list under
866	866	s. 6.36 (1) (b) 1. a. to be used for the administration of elections.
867	867	SECTION 23. 7.10 (11) of the statutes is created to read:
868	868	7.10 (11) WITHHOLD PERSONAL INFORMATION PROVIDED TO CLERK. The county clerk
869	869	shall withhold from public inspection under s. 19.35 (1) the telephone number and
870	870	email address of any elector who voluntarily provides that information to the clerk
871	871	or to the commission or a municipal clerk. The county clerk may transfer the
872	872	information to any official or employee who has access to the information in the
873	873	registration list under s. 6.36 (1) (b) 1. a. to be used for the administration of elections.
874	874	SECTION 24. 7.15 (16) of the statutes is created to read:
875	875	7.15 (16) WITHHOLD PERSONAL INFORMATION PROVIDED TO CLERK. The municipal
876	876	clerk shall withhold from public inspection under s. 19.35 (1) the telephone number
877	877	and email address of any elector who voluntarily provides that information to the
878	878	clerk or to the commission or a county clerk. The municipal clerk may transfer the
879	879	information to any official or employee who has access to the information in the
880	880	registration list under s. 6.36 (1) (b) 1. a. to be used for the administration of elections.
881	881	SECTION 25. 12.09 (1) of the statutes is amended to read:
882	882	12.09 (1) No person may personally or through an agent make use of or
883	883	threaten to make use of force, violence, or restraint, or any tactic of coercion or
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908	908	LRB-4542/1
909	909	MPG:cdc
910	910	SECTION 25
911	911	SENATE BILL 548
912	912	intimidation in order to induce or compel any person to vote or refrain from voting
913	913	or to refrain from registering to vote at an election.
914	914	SECTION 26. 12.09 (3) of the statutes is amended to read:
915	915	12.09 (3) No person may personally or through an agent, by make use of or
916	916	threaten to make use of force, violence, restraint, or any act tactic of coercion or
917	917	intimidation in order to compel, induce, or prevail upon an elector either to vote or
918	918	refrain from voting at any election for or against a particular candidate or question
919	919	at a referendum.
920	920	SECTION 27. 12.17 of the statutes is created to read:
921	921	12.17 Deceptive election practices. (1) In this section, “election-related
922	922	information" means information concerning any of the following:
923	923	(a) The date, time, place, or manner of conducting an election.
924	924	(b) The qualifications for or restrictions on the eligibility of electors voting at
925	925	an election, including any criminal penalties associated with voting in an election or
926	926	an elector's registration status or eligibility.
927	927	(c) The explicit endorsement by any person of a candidate at an election.
928	928	(2) No person, whether acting under color of law or otherwise, may
929	929	intentionally induce another person to refrain from registering or voting at an
930	930	election by knowingly providing that person with false election-related information.
931	931	(3) Any person who is aggrieved by an alleged violation of sub. (2) may bring
932	932	an action for injunctive relief in circuit court for the county where the violation is
933	933	alleged to occur.
934	934	(4) Any person may file a verified complaint with the commission alleging facts
935	935	that the person believes to constitute a violation of sub. (2). The complaint shall be
936	936	filed as provided under s. 5.05 (2m) (c).
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963	963	SECTION 27 SENATE BILL 548
964	964	(5) (a) Notwithstanding s. 5.05 (2m) (c), the commission shall promptly review
965	965	each complaint received under sub. (4), and if the commission finds that the facts
966	966	alleged in the complaint, if true, would constitute a violation of sub. (2), the
967	967	commission shall promptly investigate the complaint. Notwithstanding s. 5.05 (2m)
968	968	(c) 11., if the commission finds that a violation of sub. (2) has occurred or is occurring,
969	969	the commission shall take all measures necessary to provide correct information to
970	970	electors who may have been deceived by the actions of the alleged violator, and shall
971	971	refer the matter to the appropriate authority for prosecution in accordance with ss.
972	972	5.05 (2m) (i) and 12.60 (4).
973	973	(b) The commission shall promulgate rules concerning the methods and means
974	974	of providing corrective information to electors under par. (a).
975	975	(6) (a) No later than 90 days after each general election, the commission shall
976	976	report to the chief clerk of each house of the legislature for referral to the appropriate
977	977	standing committees under s. 13.172 (2) concerning any complaints under sub. (4)
978	978	that were acted upon or referred by the commission under sub. (5) during the period
979	979	beginning with the date of the 2nd preceding general election and ending with the
980	980	preceding general election. Except as provided in par. (b), the report shall include
981	981	all of the following:
982	982	1. A description of the alleged deceptive election practices that were the subject
983	983	of each complaint.
984	984	2. Any corrective measures taken by the commission with regard to the subject
985	985	matter of each complaint.
986	986	3. The commission's evaluation of the effectiveness of those corrective
987	987	measures.
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1013	1013	MPG:cdc
1014	1014	SECTION 27
1015	1015	SENATE BILL 548
1016	1016	4. The status of any prosecution relating to the subject matter of each
1017	1017	complaint.
1018	1018	5. A compilation of the number and types of allegations made that were acted
1019	1019	upon or referred by the commission under sub. (5).
1020	1020	6. The locations and segments of the population that were affected by the
1021	1021	alleged deceptive election practices.
1022	1022	7. The status of any investigations conducted by the commission under sub. (5).
1023	1023	(b) The commission may exclude from the report under par. (a) any information
1024	1024	that, if disclosed, would interfere with a pending investigation of a violation of the
1025	1025	law.
1026	1026	(c) The commission shall post a copy of each report submitted under this
1027	1027	subsection on the commission's website.
1028	1028	SECTION 28. 12.19 of the statutes is created to read:
1029	1029	12.19 Voter suppression. No person may knowingly attempt to prevent or
1030	1030	deter another person from voting or registering to vote based upon fraudulent,
1031	1031	deceptive, or spurious grounds or information. Violations of this section include any
1032	1032	of the following:
1033	1033	(1) Challenging another person's right to register or vote at an election based
1034	1034	upon information the person knows is false.
1035	1035	(2) Attempting to induce another person to refrain from registering or voting
1036	1036	by providing that person with information the person knows is false.
1037	1037	SECTION 29. 12.60 (1) (a) of the statutes is amended to read:
1038	1038	12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7., or (3)
1039	1039	(a), (e), (f), (j), (k), (L), (m), (y), or (z) is guilty of a Class I felony.
1040	1040	SECTION 30. 12.60 (1) (am) of the statutes is created to read:
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1067	1067	SECTION 30 SENATE BILL 548
1068	1068	12.60 (1) (am) Whoever violates s. 12.17 (2) with the intent to prevent any
1069	1069	person from exercising the right to vote in an election is guilty of a Class D felony,
1070	1070	except that the term of imprisonment may not exceed 5 years.
1071	1071	SECTION 31. 12.60 (1) (an) of the statutes is created to read:
1072	1072	12.60 (1) (an) Whoever violates s. 12.09 is guilty of a Class D felony, except that
1073	1073	the term of imprisonment may not exceed 3 years.
1074	1074	SECTION 32. 12.60 (1) (ap) of the statutes is created to read:
1075	1075	12.60 (1) (ap) Whoever violates s. 12.19 is guilty of a Class E felony, except that
1076	1076	the term of imprisonment may not exceed 2 years.
1077	1077	SECTION 33. 12.60 (1) (bn) of the statutes is created to read:
1078	1078	12.60 (1) (bn) If a municipal clerk or executive director of a board of election
1079	1079	commissioners fails to ensure compliance with s. 5.25 (4) (b) or to post the materials
1080	1080	specified in s. 5.35 (6) (a) at each polling place located in the municipality served by
1081	1081	the clerk or executive director at any election, except as authorized in s. 5.35 (6) (d),
1082	1082	or the administrator of the commission fails to include any of the materials specified
1083	1083	in s. 7.08 (3) in the election manual, the violator may be required to forfeit not more
1084	1084	than $500 for each violation.
1085	1085	SECTION 34. 12.60 (4) of the statutes is amended to read:
1086	1086	12.60 (4) Prosecutions of civil offenses under this chapter shall be conducted
1087	1087	in the manner prescribed in s. 11.1400 (5). Prosecutions of criminal offenses under
1088	1088	this chapter shall be conducted in accordance with s. 11.1401 (2).
1089	1089	SECTION 35. 85.61 (1) of the statutes is amended to read:
1090	1090	85.61 (1) The secretary of transportation and the administrator of the elections
1091	1091	commission shall enter into an agreement to match personally identifiable
1092	1092	information on the official registration list maintained by the commission under s.
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1120	1120	SECTION 35
1121	1121	SENATE BILL 548
1122	1122	6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally
1123	1123	identifiable information in the operating record file database under ch. 343 and
1124	1124	vehicle registration records under ch. 341 to the extent required to enable the
1125	1125	secretary of transportation and the administrator of the elections commission to
1126	1126	verify the accuracy of the information provided for the purpose of voter registration.
1127	1127	Notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), but subject to s.
1128	1128	343.14 (2p) (b), the agreement shall provide for the transfer of electronic information
1129	1129	under s. 6.256 (2) to the commission on a continuous basis, no less often than
1130	1130	monthly.
1131	1131	SECTION 36. 343.14 (2p) of the statutes is created to read:
1132	1132	343.14 (2p) (a) The forms for application for a license or identification card or
1133	1133	for renewal thereof shall inform the applicant of the department's duty to make
1134	1134	available to the elections commission the information described in s. 6.256 (2) for the
1135	1135	purposes specified in s. 6.256 (1) and (3) and shall provide the applicant an
1136	1136	opportunity to elect not to have this information made available for these purposes.
1137	1137	(b) If the applicant elects not to have the information described in s. 6.256 (2)
1138	1138	made available for the purposes specified in s. 6.256 (1) and (3), the department shall
1139	1139	not make this information available for these purposes. This paragraph does not
1140	1140	preclude the department from making available to the elections commission
1141	1141	information for the purposes specified in s. 6.34 (2m) or for any purpose other than
1142	1142	those specified in s. 6.256 (1) and (3).
1143	1143	SECTION 37.0Nonstatutory provisions.
1144	1144	(1) INITIAL SHARING OF REGISTRATION INFORMATION. Notwithstanding ss. 85.61
1145	1145	(1), 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), the department of transportation shall
1146	1146	enter into and begin transferring information under a revised agreement with the
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1173	1173	SECTION 37 SENATE BILL 548
1174	1174	elections commission administrator pursuant to s. 85.61 (1) no later than the first
1175	1175	day of the 4th month beginning after the effective date of this subsection.
1176	1176	(2) REPORT ON VOTER REGISTRATION INFORMATION INTEGRATION. No later than July
1177	1177	1, 2025, the elections commission shall report to the appropriate standing
1178	1178	committees of the legislature, in the manner specified in s. 13.172 (3), its progress
1179	1179	in initially implementing a system to ensure the complete and continuous
1180	1180	registration of all eligible electors in this state, specifically including the operability
1181	1181	and utility of information integration with the department of transportation and the
1182	1182	feasibility and desirability of integrating public information maintained by other
1183	1183	state agencies and by technical colleges with the commission's registration
1184	1184	information to enhance the completeness and accuracy of the information. At a
1185	1185	minimum, the report shall contain an assessment of the feasibility and desirability
1186	1186	of the integration of registration information with information maintained by the
1187	1187	departments of health services, children and families, workforce development,
1188	1188	revenue, safety and professional services, and natural resources; the University of
1189	1189	Wisconsin System; and the technical college system board, as well as the technical
1190	1190	colleges within each technical college district.
1191	1191	(3) STUDY OF OPTIONS FOR CORRECTIVE ACTION. The elections commission, in
1192	1192	consultation with the department of justice and the federal election assistance
1193	1193	commission, shall study the feasibility of providing corrective information that may
1194	1194	be required under s. 12.17 (5) (a) through public service announcements, other uses
1195	1195	of broadcast, Internet, or social media, or an emergency alert system. No later than
1196	1196	the first day of the 7th month beginning after the effective date of this subsection,
1197	1197	the elections commission shall report its findings and recommendations to the
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1224	1224	SECTION 37
1225	1225	SENATE BILL 548
1226	1226	appropriate standing committees of the legislature, in the manner specified in s.
1227	1227	13.172 (3).
1228	1228	(END)
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