December 8, 2011 - Introduced by Senators Taylor and S. Coggs, cosponsored by
Representatives Grigsby, Pasch, Pocan, Berceau, C. Taylor, Hebl, Roys, E.
Coggs, Zamarripa, Bernard Schaber, Fields, Kessler, Bewley, Turner
and
Toles. Referred to Committee on Transportation and Elections.
SB329,1,9 1An Act to repeal 6.29 (2) (am), 6.55 (2) (cs), 6.55 (3) (b), 6.56 (3m), 6.79 (2) (dm),
26.88 (3) (c), 7.52 (6) (a), 301.03 (20m), 302.117, 304.078 (1) and 973.09 (4m); to
3renumber
6.55 (3) (a) and 7.52 (6) (b); to renumber and amend 6.03 (1) (b)
4and 304.078 (3); to amend 6.33 (1), 6.33 (2) (a), 6.36 (1) (a), 301.03 (3a) (intro.),
5304.078 (2) and 973.176 (2); and to create 6.03 (1) (b) 1., 2., 3. and 4. of the
6statutes; relating to: restoring the right to vote to certain persons barred from
7voting as a result of a felony conviction, changing the information required on
8voter registration forms, and changing voting procedure for certain persons
9who are convicted of felonies.
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 when the person completes his or her
sentence, including extended supervision or parole, or any term of probation
imposed.
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.
Currently, election officials are required to verify the eligibility of electors who
vote at an election or who register to vote at an election after the close of voter
registration for that election by checking each elector's name against a list provided
by the Department of Corrections (DOC) that contains the names of convicted felons
who have not completed their sentences and have not been pardoned. If a person's
name appears on the list, the election officials are directed to allow the person to vote
if he or she is otherwise eligible, but to mark and challenge the elector's ballot for
possible later review. This bill deletes the requirements for DOC to provide the list
of convicted felons and for election officials to review the names on the list.
The bill also requires 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 made 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:
SB329, s. 1 1Section 1. 6.03 (1) (b) of the statutes is renumbered 6.03 (1) (b) (intro.) and
2amended to read:
SB329,2,53 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:
SB329, s. 2 6Section 2. 6.03 (1) (b) 1., 2., 3. and 4. of the statutes are created to read:
SB329,3,2
16.03 (1) (b) 1. Incarcerated while serving a sentence that was not imposed
2under s. 973.01.
SB329,3,43 2. Serving a term of confinement, or incarcerated after revocation of extended
4supervision, while serving a sentence that was imposed under s. 973.01.
SB329,3,55 3. Incarcerated following the revocation of probation.
SB329,3,66 4. Confined as a condition of probation under s. 973.09 (4) (a).
SB329, s. 3 7Section 3. 6.29 (2) (am) of the statutes is repealed.
SB329, s. 4 8Section 4. 6.33 (1) of the statutes is amended to read:
SB329,4,129 6.33 (1) The board shall prescribe the format, size, and shape of registration
10forms. All forms shall be printed on cards and each item of information shall be of
11uniform font size, as prescribed by the board. The municipal clerk shall supply
12sufficient forms to meet voter registration needs. The forms shall be designed to
13obtain from each applicant information as to name; date; residence location;
14citizenship; date of birth; age; the number of a valid operator's license issued to the
15elector under ch. 343 or the last 4 digits of the elector's social security account
16number; whether the applicant has resided within the ward or election district for
17at least 10 days; whether the applicant has been convicted of a felony for which he
18or she has not been pardoned, and if so, whether the applicant is incarcerated, or on
19parole, probation, or extended supervision;
whether the applicant is disqualified on
20any other ground from voting; and whether the applicant is currently registered to
21vote at any other location. The form shall include a space for the applicant's
22signature and the signature of any corroborating elector. The form shall include a
23space to enter the name of any special registration deputy under s. 6.26 or 6.55 (6)
24or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form
25and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name,

1affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form.
2The form shall include a space for entry of the ward and aldermanic district, if any,
3where the elector resides and any other information required to determine the offices
4and referenda for which the elector is certified to vote. The form shall also include
5a space where the clerk may record an indication of whether the form is received by
6mail, a space where the clerk may record an indication of the type of identifying
7document submitted by the elector as proof of residence under s. 6.34, whenever
8required, and a space where the clerk, for any applicant who possesses a valid voting
9identification card issued to the person under s. 6.47 (3), may record the
10identification serial number appearing on the voting identification card. Each
11county clerk shall obtain sufficient registration forms for completion by an elector
12who desires to register to vote at the office of the county clerk under s. 6.28 (4).
SB329, s. 5 13Section 5. 6.33 (2) (a) of the statutes is amended to read:
SB329,5,214 6.33 (2) (a) All information may be recorded by any person, except that the ward
15and aldermanic district, if any, other geographic information under sub. (1), the
16indication of whether the registration is received by mail, the type of identifying
17document submitted by the elector as proof of residence under s. 6.34, whenever
18required, and any information relating to an applicant's voting identification card
19shall be recorded by the clerk. An applicant is not required to provide a copy of any
20certificate or notice issued to the applicant under s. 304.078.
Each applicant shall
21sign his or her own name unless the applicant is unable to sign his or her name due
22to physical disability. In such case, the applicant may authorize another elector to
23sign the form on his or her behalf. If the applicant so authorizes, the elector signing
24the form shall attest to a statement that the application is made upon request and

1by authorization of a named elector who is unable to sign the form due to physical
2disability.
SB329, s. 6 3Section 6. 6.36 (1) (a) of the statutes is amended to read:
SB329,5,194 6.36 (1) (a) The board shall compile and maintain electronically an official
5registration list. The list shall contain the name and address of each registered
6elector in the state, the date of birth of the elector, the ward and aldermanic district
7of the elector, if any, and, for each elector, a unique registration identification number
8assigned by the board, the number of a valid operator's license issued to the elector
9under ch. 343, if any, or the last 4 digits of the elector's social security account
10number, if any, any identification serial number issued to the elector under s. 6.47
11(3), the date of any election in which the elector votes, an indication of whether the
12elector is a military elector, as defined in sub. (2) (c), who has so certified under s.
136.865 (3m), an indication of whether the elector is an overseas elector, as defined in
14s. 6.24 (1), any information relating to the elector that appears on the current list
15transmitted to the board by the department of corrections under s. 301.03 (20m),
an
16indication of any accommodation required under s. 5.25 (4) (a) to permit voting by
17the elector, an indication of the method by which the elector's registration form was
18received, and such other information as may be determined by the board to facilitate
19administration of elector registration requirements.
SB329, s. 7 20Section 7. 6.55 (2) (cs) of the statutes is repealed.
SB329, s. 8 21Section 8. 6.55 (3) (a) of the statutes is renumbered 6.55 (3).
SB329, s. 9 22Section 9. 6.55 (3) (b) of the statutes is repealed.
SB329, s. 10 23Section 10. 6.56 (3m) of the statutes is repealed.
SB329, s. 11 24Section 11. 6.79 (2) (dm) of the statutes is repealed.
SB329, s. 12 25Section 12. 6.88 (3) (c) of the statutes is repealed.
SB329, s. 13
1Section 13. 7.52 (6) (a) of the statutes is repealed.
SB329, s. 14 2Section 14. 7.52 (6) (b) of the statutes is renumbered 7.52 (6).
SB329, s. 15 3Section 15. 301.03 (3a) (intro.) of the statutes is amended to read:
SB329,6,64 301.03 (3a) (intro.) Subject to all of the following, design a form to provide
5notice under ss. 302.117, 973.09 (4m), and s. 973.176 (2) of ineligibility to vote under
6s. 6.03 (1) (b):
SB329, s. 16 7Section 16. 301.03 (20m) of the statutes is repealed.
SB329, s. 17 8Section 17. 302.117 of the statutes is repealed.
SB329, s. 18 9Section 18. 304.078 (1) of the statutes is repealed.
SB329, s. 19 10Section 19. 304.078 (2) of the statutes is amended to read:
SB329,6,2111 304.078 (2) Except for the right to vote, which is restored as provided in sub.
12(3), every person who is convicted of a crime obtains a restoration of his or her civil
13rights by serving out his or her term of imprisonment or otherwise satisfying his or
14her sentence. The certificate of the department or other responsible supervising
15agency that a convicted person has served his or her sentence term of imprisonment
16or otherwise satisfied the judgment sentence against him or her is evidence of that
17fact and that the person is restored to his or her civil rights. The department or other
18agency shall list in the person's certificate rights which have been restored and which
19have not been restored. Persons who served out their terms of imprisonment or
20otherwise satisfied their sentences prior to August 14, 1947, are likewise restored to
21their civil rights from and after September 25, 1959.
SB329, s. 20 22Section 20. 304.078 (3) of the statutes is renumbered 304.078 (3) (a) and
23amended to read:
SB329,7,324 304.078 (3) (a) If a person is disqualified from voting under s. 6.03 (1) (b) from
25voting
, his or her right to vote is restored when he or she completes the term of

1imprisonment or probation for the crime that led to the disqualification. The
the
2factor under s. 6.03 (1) (b) that disqualified him or her from voting no longer applies
3to him or her.
SB329,7,10 4(b) When a person is placed on parole or extended supervision or when a person
5is discharged from an incarceration sentence or a confinement period that
6disqualified him or her under s. 6.03 (1) (b) from voting, the
department or, if the
7person is sentenced to a county jail or house of correction, the jailer shall inform the
8person in writing at the time his or her
provide the person written notice of the right
9to vote is restored under this subsection and, if the person resided in this state at the
10time of conviction, a voter registration form
.
SB329, s. 21 11Section 21. 973.09 (4m) of the statutes is repealed.
SB329, s. 22 12Section 22. 973.176 (2) of the statutes is amended to read:
SB329,7,2013 973.176 (2) Voting. Whenever a court imposes a sentence or places a defendant
14on probation for a conviction
a condition of probation that disqualifies the defendant
15from voting under s. 6.03 (1) (b), the court shall inform the defendant in writing that
16he or she may not vote in any election until his or her civil rights are restored the
17factor under s. 6.03 (1) (b) that disqualified him or her from voting no longer applies
18to him or her
. The court shall use the form designed by the department of corrections
19under s. 301.03 (3a) to inform the defendant, and the defendant and a witness shall
20sign the form.
SB329, s. 23 21Section 23. Nonstatutory provisions.
SB329,8,322 (1) Training. The department of corrections, the government accountability
23board, and the director of state courts shall include in their ongoing training
24programs a discussion of the changes to voting rights that this act creates and shall
25offer the training to judges, attorneys, election officials, employees of the department

1of corrections, and the public, as appropriate. If this subsection takes effect at least
260 days before the first election that follows that effective date, the department, the
3board, and the director shall endeavor to provide the training before election day.
SB329,8,84 (2) Notice. The department of corrections shall, as soon as reasonably possible
5but no later than 6 months after the effective date of this subsection, mail to each
6person on parole, extended supervision, or probation, who was released to parole or
7extended supervision, or placed on probation, before the effective date of this
8subsection, notice that the person's right to vote is restored.
SB329, s. 24 9Section 24. Initial applicability.
SB329,8,1410 (1) The renumbering and amendment of section 6.03 (1) (b) of the statutes and
11the creation of section 6.03 (1) (b) 1., 2., 3., and 4. of the statutes first apply to persons
12who are on or released to parole or extended supervision on the effective date of this
13subsection and to persons who are on or placed on probation on the effective date of
14this subsection.
SB329,8,1515 (End)
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