2021 - 2022 LEGISLATURE
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2021 SENATE BILL 179
March 8, 2021 - Introduced by Senator BERNIER, cosponsored by Representative
MAGNAFICI. Referred to Committee on Elections, Election Process Reform and
Ethics.
1 AN ACT to amend 6.15 (2) (bm), 6.29 (2) (b), 6.32 (4), 6.33 (1), 6.33 (2) (a), 6.34
2 (2), 6.34 (3) (a) (intro.), 6.34 (3) (a) 10., 6.34 (3) (b) (intro.), 6.34 (3) (c), 6.36 (1)
3 (a) 12., 6.36 (2) (a), 6.36 (2) (c), 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (d), 6.79 (2)
4 (d), 6.79 (4), 6.82 (1) (a) and 6.88 (3) (a); and to create 6.34 (3) (a) 1m. and 6.34
5 (3) (a) 2m. of the statutes; relating to: voter registration.
Analysis by the Legislative Reference Bureau
This bill requires a registered elector who has changed his or her name or
address to complete a new voter registration. Under current law, if a registered
elector changes his or her name, the elector must either provide notice of the change
to the municipal clerk prior to election day or to the inspector at the polling place on
election day. If notice is given to the inspector on election day, the inspector must
notify the clerk of the elector's name change when the election day materials are
returned to the clerk's office. Under current law, an elector who has changed both
his or her name and address must complete a new voter registration.
Under current law, a document used as proof of identification for voting
purposes may not be sufficient to establish proof of residence for voter registration
purposes. Conversely, several documents that an elector may use to establish
residency, such as a bank statement or utility bill, are not sufficient as proof of
identification for voting. In many instances, however, current law refers to an elector
providing an “identifying document” as proof of residence. The bill replaces the term
“identifying document” with “document” when used in conjunction with establishing
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SENATE BILL 179
proof of residence to avoid voter confusion with regard to the documentation
necessary to establish residency.
Current law allows an individual to use an unexpired driving receipt or an
unexpired identification card receipt as proof of identification for voting purposes.
Both documents include a photograph of the individual to whom the document is
issued. An unexpired driving receipt is a temporary document that an individual
may use as an operator's license until such time that the individual receives his or
her actual operator's license. Similarly, an unexpired identification card receipt is
a temporary document that the holder may use until he or she receives an actual
identification card. The bill allows an individual to also use an unexpired driving
receipt or an unexpired identification card receipt as proof of residence for voter
registration purposes if the receipt has the individual's current and complete name
and address.
Current law authorizes the use of a paycheck for an elector to establish proof
of residence for purposes of voter registration. The bill adds the authority to use a
pay stub or pay statement.
The bill also specifies that a document provided as proof of residence for
purposes of voter registration may be provided in electronic format.
Under current law, when the municipal clerk or the Elections Commission
receives a valid registration form, either electronically or by mail, the registrant
receives a letter or postcard that specifies the registrant's ward, aldermanic district,
if any, and polling place. The letter or postcard is also intended to verify the
registrant's address. The bill clarifies that the commission sends the letter or
postcard.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1 SECTION 1. 6.15 (2) (bm) of the statutes is amended to read:
2 6.15 (2) (bm) Except as authorized in s. 6.79 (7), when making application in
3 person at the office of the municipal clerk, each applicant shall present proof of
4 identification. If any document presented by the applicant is not proof of residence
5 under s. 6.34, the applicant shall also present proof of residence under s. 6.34. The
6 clerk shall verify that the name on the proof of identification presented by the elector
7 conforms to the name on the elector's application, shall verify that any photograph
8 appearing on that document reasonably resembles the elector, and shall enter the
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SENATE BILL 179 SECTION 1
1 type of identifying document submitted by the elector as proof of residence, the name
2 of the entity or institution that issued the identifying document, and, if the
3 identifying document includes a number that applies only to the individual holding
4 that document, the last 4 digits of that number on the application form. If the
5 number on the identifying document submitted by the elector has 6 or fewer digits,
6 the clerk shall enter only the last 2 digits of that number.
7 SECTION 2. 6.29 (2) (b) of the statutes is amended to read:
8 6.29 (2) (b) Upon the filing of the registration form required by this section, the
9 municipal clerk or clerk's agent under s. 6.33 (5) (b) shall enter the type of identifying
10 document submitted by the elector as proof of residence, the name of the entity or
11 institution that issued the identifying document, and, if the identifying document
12 includes a number that applies only to the individual holding that document, the last
13 4 digits of that number on the registration form. If the number on the identifying
14 document submitted by the elector has 6 or fewer digits, the clerk shall enter only
15 the last 2 digits of that number. The municipal clerk or clerk's agent under s. 6.33
16 (5) (b) shall issue a certificate containing the name and address of the elector
17 addressed to the inspectors of the proper ward or election district directing that the
18 elector be permitted to cast his or her vote if the elector complies with all
19 requirements for voting at the polling place. The certificate shall be numbered
20 serially, prepared in duplicate and one copy preserved in the office of the municipal
21 clerk.
22 SECTION 3. 6.32 (4) of the statutes is amended to read:
23 6.32 (4) If the form is sufficient to accomplish registration and the commission
24 or clerk has no reliable information to indicate that the proposed elector is not
25 qualified, the commission or clerk shall enter the elector's name on the registration
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SENATE BILL 179 SECTION 3
1 list and. The commission shall transmit a 1st class letter or postcard to the
2 registrant, specifying the elector's ward or aldermanic district, or both, if any, and
3 polling place. The letter or postcard shall be sent within 10 days of receipt of the form
4 by the clerk. If the letter or postcard is returned, or if the commission or clerk is
5 informed of a different address than the one specified by the elector, the commission
6 or clerk shall change the status of the elector on the list from eligible to ineligible.
7 The letter or postcard shall be marked in accordance with postal regulations to
8 ensure that it will be returned to the commission or clerk if the elector does not reside
9 at the address given on the letter or postcard.
10 SECTION 4. 6.33 (1) of the statutes is amended to read:
11 6.33 (1) The commission shall prescribe the format, size, and shape of
12 registration forms. All nonelectronic forms shall be printed and each item of
13 information shall be of uniform font size, as prescribed by the commission. Except
14 as otherwise provided in this subsection, electronic forms shall contain the same
15 information as nonelectronic forms. The municipal clerk shall supply sufficient
16 forms to meet voter registration needs. The commission shall design the form to
17 obtain from each elector information as to name; date; residence location; location of
18 previous residence immediately before moving to current residence location;
19 citizenship; date of birth; age; the number of a current and valid operator's license
20 issued to the elector under ch. 343 or the last 4 digits of the elector's social security
21 account number; whether the elector has resided within the ward or election district
22 for the number of consecutive days specified in s. 6.02 (1); whether the elector has
23 been convicted of a felony for which he or she has not been pardoned, and if so,
24 whether the elector is incarcerated, or on parole, probation, or extended supervision;
25 whether the elector is disqualified on any other ground from voting; and whether the
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SENATE BILL 179 SECTION 4
1 elector is currently registered to vote at any other location. The commission shall
2 include on the nonelectronic form a space for the elector's signature and on the
3 electronic form the authorization specified under s. 6.30 (5). Below the space for the
4 signature or authorization, respectively, the commission shall include the following
5 statement: “Falsification of information on this form is punishable under Wisconsin
6 law as a Class I felony." The commission shall include on the form a space to enter
7 the name of any inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who
8 obtains the form and a space for the inspector, clerk, or deputy clerk to sign his or her
9 name, affirming that the inspector, clerk, or deputy clerk has accepted the form. The
10 commission shall include on the form a space for entry of the ward and aldermanic
11 district, if any, where the elector resides and any other information required to
12 determine the offices and referenda for which the elector is certified to vote. The
13 commission shall also include on the form a space where the clerk may record an
14 indication of whether the form is received by mail or by electronic application, a space
15 where the clerk shall record an indication of the type of identifying document
16 submitted by the elector as proof of residence under s. 6.34 or an indication that the
17 elector's information in lieu of proof of residence was verified under s. 6.34 (2m), the
18 name of the entity or institution that issued the identifying document, and, if the
19 identifying document includes a number that applies only to the individual holding
20 that document, that number. The commission shall also include on the form a space
21 where the clerk, for any elector who possesses a valid voting identification card
22 issued to the person under s. 6.47 (3), may record the identification serial number
23 appearing on the voting identification card. Each county clerk shall obtain sufficient
24 registration forms for completion by an elector who desires to register to vote at the
25 office of the county clerk under s. 6.28 (4).
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SENATE BILL 179 SECTION 5
1 SECTION 5. 6.33 (2) (a) of the statutes is amended to read:
2 6.33 (2) (a) All information may be recorded by any person, except that the clerk
3 shall record the ward and aldermanic district, if any, other geographic information
4 under sub. (1), the indication of whether the registration is received by mail, and the
5 type of identifying document submitted by the elector as proof of residence under s.
6 6.34. Except as provided in s. 6.30 (5), each elector shall sign his or her own name
7 unless the elector is unable to sign his or her name due to physical disability. In such
8 case, the elector may authorize another elector to sign the form on his or her behalf.
9 If the elector so authorizes, the elector signing the form shall attest to a statement
10 that the application is made upon request and by authorization of a named elector
11 who is unable to sign the form due to physical disability.
12 SECTION 6. 6.34 (2) of the statutes is amended to read:
13 6.34 (2) Except as provided in sub. (2m), upon completion of a registration form
14 prescribed under s. 6.33, each eligible elector who is required to register under s.
15 6.27, who is not a military elector or an overseas elector, shall provide an identifying
16 a document, which may be provided in electronic format, that establishes proof of
17 residence under sub. (3). If the elector registered by mail or by electronic application,
18 the identifying document may not be a residential lease.
19 SECTION 7. 6.34 (3) (a) (intro.) of the statutes is amended to read:
20 6.34 (3) (a) (intro.) An identifying A document used to establish proof of an
21 elector's residence under sub. (2) shall contain the information required under par.
22 (b) and is limited to one of the following:
23 SECTION 8. 6.34 (3) (a) 1m. of the statutes is created to read:
24 6.34 (3) (a) 1m. An unexpired driving receipt under s. 343.11.
25 SECTION 9. 6.34 (3) (a) 2m. of the statutes is created to read:
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SENATE BILL 179 SECTION 9
1 6.34 (3) (a) 2m. An unexpired identification card receipt issued under s. 343.50.
2 SECTION 10. 6.34 (3) (a) 10. of the statutes is amended to read:
3 6.34 (3) (a) 10. A paycheck, pay stub, or pay statement.
4 SECTION 11. 6.34 (3) (b) (intro.) of the statutes is amended to read:
5 6.34 (3) (b) (intro.) Except as provided in par. (a) 7., the identifying documents
6 prescribed in par. (a) shall contain all of the following in order to be considered proof
7 of residence:
8 SECTION 12. 6.34 (3) (c) of the statutes is amended to read:
9 6.34 (3) (c) Identifying documents Documents specified in par. (a) which are
10 valid for use during a specified period must be valid on the day that an elector makes
11 application for registration in order to constitute proof of residence.
12 SECTION 13. 6.36 (1) (a) 12. of the statutes is amended to read:
13 6.36 (1) (a) 12. An indication of whether the elector was required under s. 6.34
14 to provide proof of residence and, if so, the type of identifying document submitted
15 as proof of residence, the name of the entity or institution that issued the identifying
16 document, and, if the identifying document included a number that applies only to
17 the individual holding that document, up to the last 4 digits of that number. If the
18 number on the identifying document submitted by the elector had 6 or fewer digits,
19 the list under this paragraph may not contain more than the last 2 digits of that
20 number.
21 SECTION 14. 6.36 (2) (a) of the statutes is amended to read:
22 6.36 (2) (a) Except as provided in par. (b), each registration list prepared for use
23 as a poll list at a polling place or for purposes of canvassing absentee ballots at an
24 election shall contain the full name and address of each registered elector; a blank
25 column for the entry of the serial number of the electors when they vote or the poll
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1 list number used by the municipal board of absentee ballot canvassers in canvassing
2 absentee ballots; an indication next to the name of each elector for whom proof of
3 residence under s. 6.34 is required; a space for entry of the type of and the name of
4 the entity or institution that issued the identifying document submitted by the
5 elector as proof of residence when proof of residence under s. 6.34 is required; a space
6 for entry of the elector's signature, or if another person signed the elector's
7 registration form for the elector by reason of the elector's physical disability, the word
8 “exempt"; and a form of certificate bearing the certification of the commission
9 administrator stating that the list is a true and complete registration list of the
10 municipality or the ward or wards for which the list is prepared. The commission
11 shall, by rule, prescribe the space and location for entry of each elector's signature
12 on the poll list which shall provide for entry of the signature without changing the
13 orientation of the poll list from the orientation used by the election officials.
14 SECTION 15. 6.36 (2) (c) of the statutes is amended to read:
15