LRB-2499/5
CMH&JTK:wlj:rs
2009 - 2010 LEGISLATURE
July 28, 2009 - Introduced by Representatives Grigsby, Schneider, Parisi,
Hilgenberg, Pocan, Young, Pasch, Roys, Black, Turner, Fields, Kessler,
Berceau, A. Williams, Toles, Sinicki, Pope-Roberts and Zigmunt,
cosponsored by Senators Taylor, Coggs, Miller and
Risser, by request of
Restore the Vote Wisconsin NOW Coalition. Referred to Committee on
Corrections and the Courts.
AB353,1,6
1An Act to repeal 302.117, 304.078 (1) and 973.09 (4m);
to renumber and
2amend 6.03 (1) (b) and 304.078 (3);
to amend 6.33 (1), 6.33 (2) (a), 301.03 (3a)
3(intro.), 301.03 (20m), 304.078 (2) and 973.176 (2); and
to create 6.03 (1) (b) 1.,
42., 3. and 4. of the statutes;
relating to: restoring the right to vote to certain
5persons barred from voting as a result of a felony conviction and changing the
6information required on voter registration forms.
Analysis by the Legislative Reference Bureau
Under current law, when a person is barred from voting as the result of a felony
conviction (a "disqualifying offense"), the person's right to vote may be restored
through a pardon. Otherwise, it is restored upon completion of the sentence,
including extended supervision or parole, or completion of the term of probation
imposed on the person who committed the offense.
Under this bill, a person loses his or her right to vote based on a disqualifying
offense only while he or she is incarcerated for that offense. A person released to
extended supervision or parole may resume voting. In addition, a person convicted
of a disqualifying offense and on probation retains the right to vote while on
probation unless he or she is confined as a condition of probation. But if a person who
committed a disqualifying offense is returned to prison after the revocation of
extended supervision or parole or is sent to prison or a jail or house of correction after
the revocation of probation, the person loses the right to vote until he or she is
released.
Currently, an applicant for voter registration must affirm 1) whether he or she
has been convicted of a felony for which he or she has not been pardoned and, if so,
whether the applicant is incarcerated or on parole, probation, or extended
supervision; and 2) whether the applicant is disqualified on any other ground from
voting.
This bill deletes the requirement that an applicant provide any information
relating to a felony conviction but retains the requirement that an applicant affirm
that he or she is not disqualified on any ground from voting.
This bill also requires the Department of Corrections (DOC), the Government
Accountability Board, and the Director of State Courts to include in their ongoing
training programs a discussion of the changes in law produced by this bill and to offer
the training to judges, attorneys, election officials, employees of DOC, and the public.
For further information see the state 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:
AB353, s. 1
1Section
1. 6.03 (1) (b) of the statutes is renumbered 6.03 (1) (b) (intro.) and
2amended to read:
AB353,2,53
6.03
(1) (b) (intro.) Any person
convicted of treason, who, as a result of a felony
4or bribery, unless the person's right to vote is restored through a pardon or under s.
5304.078 (3) conviction, is any of the following:
AB353, s. 2
6Section
2. 6.03 (1) (b) 1., 2., 3. and 4. of the statutes are created to read:
AB353,2,87
6.03
(1) (b) 1. Incarcerated while serving a sentence that was not imposed
8under s. 973.01.
AB353,2,109
2. Serving a term of confinement, or incarcerated after revocation of extended
10supervision, while serving a sentence that was imposed under s. 973.01.
AB353,2,1111
3. Incarcerated following the revocation of probation.
AB353,2,1212
4. Confined as a condition of probation under s. 973.09 (4) (a).
AB353, s. 3
13Section
3. 6.33 (1) of the statutes is amended to read:
AB353,4,4
16.33
(1) The board shall prescribe the format, size, and shape of registration
2forms. All forms shall be printed on cards and each item of information shall be of
3uniform font size, as prescribed by the board. The municipal clerk shall supply
4sufficient forms to meet voter registration needs. The forms shall be designed to
5obtain from each applicant information as to name; date; residence location;
6citizenship; date of birth; age; the number of a valid operator's license issued to the
7elector under ch. 343 or the last 4 digits of the elector's social security account
8number; whether the applicant has resided within the ward or election district for
9at least 10 days;
whether the applicant has been convicted of a felony for which he
10or she has not been pardoned, and if so, whether the applicant is incarcerated, or on
11parole, probation, or extended supervision; whether the applicant is disqualified on
12any
other ground from voting; and whether the applicant is currently registered to
13vote at any other location. The form shall include a space for the applicant's
14signature and the signature of any corroborating elector. The form shall include a
15space to enter the name of any special registration deputy under s. 6.26 or 6.55 (6)
16or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form
17and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name,
18affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form.
19The form shall include a space for entry of the ward and aldermanic district, if any,
20where the elector resides and any other information required to determine the offices
21and referenda for which the elector is certified to vote. The form shall also include
22a space where the clerk may record an indication of whether the form is received by
23mail, a space where the clerk may record an indication of the type of identifying
24document submitted by the elector as proof of residence under s. 6.34, whenever
25required, and a space where the clerk, for any applicant who possesses a valid voting
1identification card issued to the person under s. 6.47 (3), may record the
2identification serial number appearing on the voting identification card. Each
3county clerk shall obtain sufficient registration forms for completion by an elector
4who desires to register to vote at the office of the county clerk under s. 6.28 (4).
AB353, s. 4
5Section
4. 6.33 (2) (a) of the statutes is amended to read:
AB353,4,186
6.33
(2) (a) All information may be recorded by any person, except that the ward
7and aldermanic district, if any, other geographic information under sub. (1), the
8indication of whether the registration is received by mail, the type of identifying
9document submitted by the elector as proof of residence under s. 6.34, whenever
10required, and any information relating to an applicant's voting identification card
11shall be recorded by the clerk.
An applicant is not required to provide a copy of any
12certificate or notice issued to the applicant under s. 304.078. Each applicant shall
13sign his or her own name unless the applicant is unable to sign his or her name due
14to physical disability. In such case, the applicant may authorize another elector to
15sign the form on his or her behalf. If the applicant so authorizes, the elector signing
16the form shall attest to a statement that the application is made upon request and
17by authorization of a named elector who is unable to sign the form due to physical
18disability.
AB353, s. 5
19Section
5. 301.03 (3a) (intro.) of the statutes is amended to read:
AB353,4,2220
301.03
(3a) (intro.) Subject to all of the following, design a form to provide
21notice under
ss. 302.117, 973.09 (4m), and s. 973.176 (2) of ineligibility to vote under
22s. 6.03 (1) (b):
AB353, s. 6
23Section
6. 301.03 (20m) of the statutes is amended to read:
AB353,5,424
301.03
(20m) Transmit to the government accountability board, on a
25continuous basis, a list containing the name of each living person who
has been
1convicted of a felony under the laws of this state and whose civil rights have not been
2restored is ineligible to vote under s. 6.03 (1) (b), together with his or her residential
3address and the date on which the department expects
his or her civil rights to be
4restored him or her to be eligible to vote.
AB353, s. 7
5Section
7. 302.117 of the statutes is repealed.
AB353, s. 8
6Section
8. 304.078 (1) of the statutes is repealed.
AB353, s. 9
7Section
9. 304.078 (2) of the statutes is amended to read:
AB353,5,188
304.078
(2) Except
for the right to vote, which is restored as provided in sub.
9(3), every person who is convicted of a crime obtains a restoration of his or her civil
10rights by serving out his or her term of imprisonment or otherwise satisfying his or
11her sentence. The certificate of the department or other responsible supervising
12agency that a convicted person has served his or her
sentence term of imprisonment 13or otherwise satisfied the
judgment sentence against him or her is evidence of that
14fact and that the person is restored to his or her civil rights. The department or other
15agency shall list in the person's certificate rights which have been restored and which
16have not been restored. Persons who served out their terms of imprisonment or
17otherwise satisfied their sentences prior to August 14, 1947, are likewise restored to
18their civil rights from and after September 25, 1959.
AB353, s. 10
19Section
10. 304.078 (3) of the statutes is renumbered 304.078 (3) (a) and
20amended to read:
AB353,5,2521
304.078
(3) (a) If a person is disqualified
from voting under s. 6.03 (1) (b)
from
22voting, his or her right to vote is restored when
he or she completes the term of
23imprisonment or probation for the crime that led to the disqualification. The the
24factor under s. 6.03 (1) (b) that disqualified him or her from voting no longer applies
25to him or her.
AB353,6,7
1(b) When a person is placed on parole or extended supervision or when a person
2is discharged from an incarceration sentence or a confinement period that
3disqualified him or her under s. 6.03 (1) (b) from voting, the department or, if the
4person is sentenced to a county jail or house of correction, the jailer shall
inform the
5person in writing at the time his or her provide the person written notice of the right
6to vote
is restored under this subsection and, if the person resided in this state at the
7time of conviction, a voter registration form.
AB353, s. 11
8Section
11. 973.09 (4m) of the statutes is repealed.
AB353, s. 12
9Section
12. 973.176 (2) of the statutes is amended to read:
AB353,6,1710
973.176
(2) Voting. Whenever a court imposes a sentence or
places a defendant
11on probation for a conviction a condition of probation that disqualifies the defendant
12from voting under s. 6.03 (1) (b), the court shall inform the defendant in writing that
13he or she may not vote in any election until
his or her civil rights are restored the
14factor under s. 6.03 (1) (b) that disqualified him or her from voting no longer applies
15to him or her. The court shall use the form designed by the department of corrections
16under s. 301.03 (3a) to inform the defendant, and the defendant and a witness shall
17sign the form.
AB353,6,2519
(1)
Training. The department of corrections, the government accountability
20board, and the director of state courts shall include in their ongoing training
21programs a discussion of the changes to voting rights that this act creates and shall
22offer the training to judges, attorneys, election officials, employees of the department
23of corrections, and the public, as appropriate. If this subsection takes effect at least
2460 days before the first election that follows that effective date, the department, the
25board, and the director shall endeavor to provide the training before election day.
AB353,7,5
1(2)
Notice. The department of corrections shall, as soon as reasonably possible
2but no later than 6 months after the effective date of this subsection, mail to each
3person on parole, extended supervision, or probation, who was released to parole or
4extended supervision, or placed on probation, before the effective date of this
5subsection, notice that the person's right to vote is restored.
AB353,7,117
(1) The renumbering and amendment of section 6.03 (1) (b) of the statutes and
8the creation of section 6.03 (1) (b) 1., 2., 3., and 4. of the statutes first apply to persons
9who are on or released to parole or extended supervision on the effective date of this
10subsection and to persons who are on or placed on probation on the effective date of
11this subsection.
