2009 - 2010 LEGISLATURE
March 25, 2010 - Introduced by Senators Risser, Taylor and Miller, cosponsored
by Representatives Berceau, Parisi, Black, Smith, Turner, Pope-Roberts,
Zepnick, Roys
and Hebl. Referred to Committee on Labor, Elections and
Urban Affairs.
SB645,1,5 1An Act to amend 5.056, 6.275 (1) (b), 6.28 (1), 6.32 (1), 6.33 (1), 6.33 (2) (a), 6.34
2(2), 6.35 (1) (intro.), 6.36 (2) (c), 6.40 (1) (a) 1., 6.40 (1) (c), 6.50 (10), 6.86 (3) (c),
36.87 (4) and 85.61 (1); and to create 6.30 (5), 6.34 (2m), 6.34 (4), 6.35 (2) and
47.08 (1) (cm) of the statutes; relating to: electronic voter registration and proof
5of residence for voting in an election and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Currently, a qualified elector may register to vote at any election by mail or by
completing a registration form with a special registration deputy no later than the
20th day before the election. A qualified elector may also register to vote at an
election in person at the office of the municipal clerk or board of election
commissioners for the municipality where the elector resides no later than 5 p.m. on
the day before the election. In order to register, an elector must provide his or her
name and address and certain other information required to ascertain his or her
eligibility and must sign the form. With certain exceptions, an elector who registers
after the 20th day before an election or an elector who registers by mail and who has
not voted before in an election in this state must provide proof of residence prior to
voting.
This bill permits a qualified elector who has a current and valid driver's license
or identification card issued by the Department of Transportation (DOT) to register
to vote at an election electronically on a secure Internet site maintained by the
Government Accountability Board (GAB). The bill requires an electronic

registration to be completed no later than the 20th day before an election in order to
be valid for that election. Under the bill, GAB prescribes, by rule, the manner and
method of electronic application, together with requirements for affirmation and
verification of elector information and the method for receipt of electronic application
forms. There is no requirement for a signature. The bill also permits an elector who
is currently registered to vote and who has a current and valid driver's license or
identification card to electronically enter a change of name or address using a similar
procedure. Under the bill, an electronic registration is treated the same as a mail
registration. The clerk or board of election commissioners of the elector's
municipality of residence must verify the registration by sending a first-class letter
or postcard to the registrant at the registrant's address and, if the registrant is voting
for the first time in an election in this state, the registrant must provide proof of
residence before voting in the election. However, the bill also provides that if an
elector who registers electronically provides his or her Wisconsin driver's license
number, together with his or her name and date of birth, and GAB is able to instantly
verify the information electronically by electronically accessing records of DOT, the
elector need not provide proof of residence prior to voting. The bill directs GAB and
DOT to enter into an agreement that permits GAB to verify the necessary
information instantly by accessing DOT's electronic files.
Currently, each municipal clerk and board of election commissioners must
maintain a file of voter registration forms for the electors of the municipality. This
bill provides that the clerk or board must maintain registrations that are entered
electronically in the manner prescribed by GAB, by rule.
For further information see the state and 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:
SB645, s. 1 1Section 1. 5.056 of the statutes is amended to read:
SB645,2,7 25.056 Matching program with secretary of transportation. The
3administrator of the elections division of the board shall enter into the agreement
4with the secretary of transportation specified under s. 85.61 (1) to match personally
5identifiable information on the official registration list maintained by the board
6under s. 6.36 (1) and the information specified in s. 6.34 (2m) with personally
7identifiable information maintained by the department of transportation.
SB645, s. 2 8Section 2. 6.275 (1) (b) of the statutes is amended to read:
SB645,3,4
16.275 (1) (b) The total number of electors of the municipality residing in that
2county who were preregistered on the deadline specified in s. 6.28 (1), including valid
3mail registrations which are postmarked by that day and valid electronic
4registrations entered under s. 6.30 (5)
.
SB645, s. 3 5Section 3. 6.28 (1) of the statutes is amended to read:
SB645,4,26 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.29,
76.55 (2), and 6.86 (3) (a) 2., registration in person for any election shall close at 5 p.m.
8on the 3rd Wednesday preceding the election. Registrations made by mail under s.
96.30 (4) must be delivered to the office of the municipal clerk or postmarked no later
10than the 3rd Wednesday preceding the election. Electronic registrations for an
11election under s. 6.30 (5) shall close at midnight on the 3rd Wednesday preceding the
12election.
All applications for registration corrections and additions may be made
13throughout the year at the office of the city board of election commissioners, at the
14office of the municipal clerk, at the office of the county clerk, or at other locations
15provided by the board of election commissioners or the common council in cities over
16500,000 population or by either or both the municipal clerk, or the common council,
17village or town board in all other municipalities and may also be made during the
18school year at any high school by qualified persons under sub. (2) (a). Other
19registration locations may include but are not limited to fire houses, police stations,
20public libraries, institutions of higher education, supermarkets, community centers,
21plants and factories, banks, savings and loan associations and savings banks.
22Special registration deputies shall be appointed for each location unless the location
23can be sufficiently staffed by the board of election commissioners or the municipal
24clerk or his or her deputies. An elector who wishes to obtain a confidential listing

1under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality
2where the elector resides.
SB645, s. 4 3Section 4. 6.30 (5) of the statutes is created to read:
SB645,4,174 6.30 (5) By electronic application. Any eligible elector who holds a current
5and valid operator's license issued under ch. 343 or a current and valid identification
6card issued under s. 343.50 may register electronically in the manner prescribed by
7the board. The board shall maintain on the Internet a secure registration form that
8enables the elector to enter all required information electronically. The board shall
9prescribe, by rule, the manner and method of electronic application under this
10subsection, together with requirements for affirmation and verification of elector
11information and the method for receipt of electronic registration forms. The elector
12information shall include all information specified for the electronic registration
13form under s. 6.33 (1). The board shall also permit an elector who has a current and
14valid operator's license issued to the elector under ch. 343 or a current and valid
15identification card issued under s. 343.50 to make changes in his or her registration
16authorized under s. 6.40 (1) at the same Internet site that is used for original
17registration.
SB645, s. 5 18Section 5. 6.32 (1) of the statutes is amended to read:
SB645,4,2219 6.32 (1) Upon receipt of a registration form that is submitted by mail under s.
206.30 (4) or by electronic application under s. 6.30 (5) or that is submitted by a special
21registration deputy appointed under s. 6.26, the board or municipal clerk shall
22examine the form for sufficiency.
SB645, s. 6 23Section 6. 6.33 (1) of the statutes is amended to read:
SB645,6,824 6.33 (1) The board shall prescribe the format, size, and shape of nonelectronic
25registration forms. All nonelectronic forms shall be printed on cards and each item

1of information shall be of uniform font size, as prescribed by the board. Except as
2provided in this subsection, electronic registration forms shall contain the same
3information as the nonelectronic forms, together with any additional information
4specified by the board under s. 6.30 (5).
The municipal clerk shall supply sufficient
5nonelectronic forms to meet voter registration needs. The All registration forms
6shall be designed to obtain from each applicant information as to name; date;
7residence location; citizenship; date of birth; age; the number of a valid operator's
8license issued to the elector under ch. 343 or the last 4 digits of the elector's social
9security account number; whether the applicant has resided within the ward or
10election district for at least 10 days; whether the applicant has been convicted of a
11felony for which he or she has not been pardoned, and if so, whether the applicant
12is incarcerated, or on parole, probation, or extended supervision; whether the
13applicant is disqualified on any other ground from voting; and whether the applicant
14is currently registered to vote at any other location. The Except as authorized by rule
15under s. 6.30 (5), the
form shall include a space for the applicant's signature and the
16signature of any corroborating elector. The nonelectronic form shall include a space
17to enter the name of any special registration deputy under s. 6.26 or 6.55 (6) or
18inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form and
19a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name,
20affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form.
21The form shall include a space for entry of the ward and aldermanic district, if any,
22where the elector resides and any other information required to determine the offices
23and referenda for which the elector is certified to vote. The form shall also include
24a space where the clerk may record an indication of whether the form is received by
25mail or by electronic application, a space where the clerk may record an indication

1of the type of identifying document submitted by the elector as proof of residence
2under s. 6.34 or an indication that the elector's information in lieu of proof of
3residence was verified under s. 6.34 (2m)
, whenever required, and a space where the
4clerk, for any applicant who possesses a valid voting identification card issued to the
5person under s. 6.47 (3), may record the identification serial number appearing on
6the voting identification card. Each county clerk shall obtain sufficient registration
7forms for completion by an elector who desires to register to vote at the office of the
8county clerk under s. 6.28 (4).
SB645, s. 7 9Section 7. 6.33 (2) (a) of the statutes is amended to read:
SB645,6,2210 6.33 (2) (a) All information may be recorded by any person, except that the ward
11and aldermanic district, if any, other geographic information under sub. (1), the
12indication of whether the registration is received by mail or by electronic application,
13the type of identifying document submitted by the elector as proof of residence under
14s. 6.34 or the indication of verification of information in lieu of proof of residence
15under s. 6.34 (2m)
, whenever required, and any information relating to an applicant's
16voting identification card shall be recorded by the clerk. Each Except as authorized
17under s. 6.30 (5), each
applicant shall sign his or her own name unless the applicant
18is unable to sign his or her name due to physical disability. In such case, the applicant
19may authorize another elector to sign the form on his or her behalf. If the applicant
20so authorizes, the elector signing the form shall attest to a statement that the
21application is made upon request and by authorization of a named elector who is
22unable to sign the form due to physical disability.
SB645, s. 8 23Section 8. 6.34 (2) of the statutes is amended to read:
SB645,7,1124 6.34 (2) Except as authorized in ss. 6.29 (2) (a) and 6.86 (3) (a) 2., upon
25completion of a registration form prescribed under s. 6.33, each elector who is

1required to register under s. 6.27, who is not a military elector or an overseas elector
2and who registers after the close of registration under s. 6.29 or 6.86 (3) (a) 2., shall
3provide an identifying document that establishes proof of residence under sub. (3).
4Each Except as authorized in sub. (2m), each elector who is required to register under
5s. 6.27 who is not a military elector or an overseas elector who registers by mail or
6by electronic application
, and who has not voted in an election in this state shall, if
7voting in person, provide an identifying document that establishes proof of residence
8under sub. (3) or, if voting by absentee ballot, provide a copy of an identifying
9document that establishes proof of residence under sub. (3). If the elector registered
10by mail or by electronic application, the identifying document may not be a
11residential lease.
SB645, s. 9 12Section 9. 6.34 (2m) of the statutes is created to read:
SB645,7,1813 6.34 (2m) If an elector who registers by electronic application under s. 6.30 (5)
14would otherwise be required to provide proof of residence under sub. (2) but provides,
15in lieu of proof of residence, the number of a current and valid operator's license
16issued under ch. 343 together with the elector's name and date of birth, and if the
17board is able to verify the information provided by the elector electronically at the
18time of registration, the elector is not required to provide proof of residence.
SB645, s. 10 19Section 10. 6.34 (4) of the statutes is created to read:
SB645,7,2420 6.34 (4) The board shall maintain a system that electronically verifies, on an
21instant basis, the validity of the information specified in sub. (2m) submitted by an
22elector who registers electronically with the information maintained by the
23department of transportation pursuant to the board's agreement with the secretary
24of transportation under s. 5.056.
SB645, s. 11 25Section 11. 6.35 (1) (intro.) of the statutes is amended to read:
SB645,8,3
16.35 (1) (intro.) Under the direction of the municipal clerk or board of election
2commissioners, the original registration forms shall be filed in one of the following
3ways, except as provided in sub. subs. (1m) and (2):
SB645, s. 12 4Section 12. 6.35 (2) of the statutes is created to read:
SB645,8,75 6.35 (2) The board shall prescribe, by rule, the procedure and methods by which
6municipal clerks and boards of election commissioners shall maintain records of
7registrations that are entered electronically under s. 6.30 (5).
SB645, s. 13 8Section 13. 6.36 (2) (c) of the statutes is amended to read:
SB645,8,149 6.36 (2) (c) The list shall contain, next to the name of each elector, an indication
10of whether proof of residence under s. 6.34 is required for the elector to be permitted
11to vote. Proof Except as authorized in s. 6.34 (2m), proof of residence is required if
12the elector is not a military elector or an overseas elector and the elector registers by
13mail or by electronic application and has not previously voted in an election in this
14state.
SB645, s. 14 15Section 14. 6.40 (1) (a) 1. of the statutes is amended to read:
SB645,9,216 6.40 (1) (a) 1. Any registered elector shall transfer registration after a change
17of residence within the state by filing in person with the municipal clerk or by mailing
18to the municipal clerk a signed request stating his or her present address, affirming
19that this will be his or her residence for 10 days prior to the election and providing
20the address where he or she was last registered. Alternatively, the elector may
21transfer his or her registration at the proper polling place or other registration
22location under s. 6.02 (2) in accordance with s. 6.55 (2) (a), or, if the elector has a
23current and valid operator's license issued to the elector under ch. 343 or a current
24and valid identification card issued under s. 343.50, the elector may transfer his or
25her registration electronically under s. 6.30 (5)
. If an elector is voting in the ward

1or election district where the elector formerly resided, the change shall be effective
2for the next election.
SB645, s. 15 3Section 15. 6.40 (1) (c) of the statutes is amended to read:
SB645,9,124 6.40 (1) (c) Name change. Whenever an elector's name is legally changed,
5including a change by marriage or divorce, the elector shall transfer his or her
6registration to his or her legal name by appearing in person or mailing to the
7municipal clerk a signed request for a transfer of registration to such name.
8Alternatively, a registered elector may make notification of a name change at his or
9her polling place under s. 6.55 (2) (d), or, if the elector has a current and valid
10operator's license issued to the elector under ch. 343 or a current and valid
11identification card issued under s. 343.50, the elector may make notification of a
12name change electronically under s. 6.30 (5)
.
SB645, s. 16 13Section 16. 6.50 (10) of the statutes is amended to read:
SB645,9,1814 6.50 (10) Any qualified elector whose registration is changed from eligible to
15ineligible status under this section may reregister as provided under s. 6.28 (1), 6.29
16(2), or 6.55 (2), or, if the elector has a current and valid operator's license issued to
17the elector under ch. 343 or a current and valid identification card issued under s.
18343.50, may reregister under s. 6.30 (5)
.
SB645, s. 17 19Section 17. 6.86 (3) (c) of the statutes is amended to read:
SB645,9,2520 6.86 (3) (c) An application under par. (a) 1. may be made and a registration form
21under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier
22than 7 days before an election and not later than 5 p.m. on the day of the election.
23A list of hospitalized electors applying for ballots under par. (a) 1. shall be made by
24the municipal clerk and used to check that the electors vote only once, and by
25absentee ballot. If Except as provided in s. 6.34 (2m), if the elector is registering for

1the election after the close of registration or if the elector registered by mail or by
2electronic application
and has not voted in an election in this state, the municipal
3clerk shall inform the agent that proof of residence under s. 6.34 is required and the
4elector shall enclose proof of residence under s. 6.34 in the envelope with the ballot.
5The ballot shall be sealed by the elector and returned to the municipal clerk either
6by mail or by personal delivery of the agent; but if the ballot is returned on the day
7of the election, the agent shall make personal delivery to the polling place serving the
8hospitalized elector's residence before the closing hour or, in municipalities where
9absentee ballots are canvassed under s. 7.52, to the municipal clerk no later than 8
10p.m. on election day.
SB645, s. 18 11Section 18. 6.87 (4) of the statutes is amended to read:
SB645,11,1212 6.87 (4) Except as otherwise provided in s. 6.875, the elector voting absentee
13shall make and subscribe to the certification before one witness who is an adult U.S.
14citizen. The absent elector, in the presence of the witness, shall mark the ballot in
15a manner that will not disclose how the elector's vote is cast. The elector shall then,
16still in the presence of the witness, fold the ballots so each is separate and so that the
17elector conceals the markings thereon and deposit them in the proper envelope. If
18a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that
19the elector conceals the markings thereon and deposit the ballot in the proper
20envelope. If proof of residence is required, the elector shall enclose proof of residence
21under s. 6.34 in the envelope. Proof Except as authorized in s. 6.34 (2m), proof of
22residence is required if the elector is not a military elector or an overseas elector, as
23defined in s. 6.34 (1), and the elector registered by mail or by electronic application
24and has not voted in an election in this state. If the elector requested a ballot by
25means of facsimile transmission or electronic mail under s. 6.86 (1) (ac), the elector

1shall enclose in the envelope a copy of the request which bears an original signature
2of the elector. The elector may receive assistance under sub. (5). The return envelope
3shall then be sealed. The witness may not be a candidate. The envelope shall be
4mailed by the elector, or delivered in person, to the municipal clerk issuing the ballot
5or ballots. If the envelope is mailed from a location outside the United States, the
6elector shall affix sufficient postage unless the ballot qualifies for delivery free of
7postage under federal law. Failure to return an unused ballot in a primary does not
8invalidate the ballot on which the elector's votes are cast. Return of more than one
9marked ballot in a primary or return of a ballot prepared under s. 5.655 or a ballot
10used with an electronic voting system in a primary which is marked for candidates
11of more than one party invalidates all votes cast by the elector for candidates in the
12primary.
SB645, s. 19 13Section 19. 7.08 (1) (cm) of the statutes is created to read:
SB645,11,1614 7.08 (1) (cm) Prescribe the form required by s. 6.30 (5). The form shall contain
15a statement of the penalty applicable to false or fraudulent registration or voting
16through use of the form.
SB645, s. 20 17Section 20. 85.61 (1) of the statutes is amended to read:
SB645,12,218 85.61 (1) The secretary of transportation and the administrator of the elections
19division of the government accountability board shall enter into an agreement to
20match personally identifiable information on the official registration list maintained
21by the government accountability board under s. 6.36 (1) and the information
22specified in s. 6.34 (2m)
with personally identifiable information in the operating
23record file database under ch. 343 and vehicle registration records under ch. 341 to
24the extent required to enable the secretary of transportation and the administrator

1of the elections division of the government accountability board to verify the accuracy
2of the information provided for the purpose of voter registration.
SB645, s. 21 3Section 21. Nonstatutory provisions.
SB645,12,104 (1) No later than the 20th day following the end of each calendar quarter, the
5government accountability board and the department of transportation shall each
6report to the appropriate standing committees of the legislature in the manner
7provided in section 13.172 (3) of the statutes concerning its progress in implementing
8an electronic voter registration system. The board and department shall continue
9to file reports under this subsection until the board determines that implementation
10is complete and the performance of the system is satisfactory.
SB645, s. 22 11Section 22. Fiscal changes.
SB645,12,2012 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation
13to the government accountability board under section 20.511 (1) (a) of the statutes,
14as affected by the acts of 2009, the dollar amount is increased by $-0- for the first
15fiscal year of the fiscal biennium in which this subsection takes effect to implement
16the provisions of this act. In the schedule under section 20.005 (3) of the statutes for
17the appropriation to the government accountability board under section 20.511 (1)
18(a) of the statutes, as affected by the acts of 2009, the dollar amount is increased by
19$-0- for the second fiscal year of the fiscal biennium in which this subsection takes
20effect to implement the provisions of this act.
SB645,13,421 (2) In the schedule under section 20.005 (3) of the statutes for the appropriation
22to the department of transportation under section 20.395 (4) (aq) of the statutes, as
23affected by the acts of 2009, the dollar amount is increased by $-0- for the first fiscal
24year of the fiscal biennium in which this subsection takes effect to implement the
25provisions of this act. In the schedule under section 20.005 (3) of the statutes for the

1appropriation to the department of transportation under section 20.395 (4) (aq) of the
2statutes, as affected by the acts of 2009, the dollar amount is increased by $-0- for
3the second fiscal year of the fiscal biennium in which this subsection takes effect to
4implement the provisions of this act.
SB645, s. 23 5Section 23. Initial applicability.
SB645,13,76 (1) This act first applies with respect to registration for voting at the 2012
7spring primary election.
SB645,13,88 (End)
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