SB 393

Under current law, the administrator of the Elections Commission is required

to enter into a membership agreement with the Electronic Registration Information

Center (ERIC) to assist the commission in maintaining Wisconsin's official voter

registration list. The information ERIC provides to the commission includes

information about voters registered in Wisconsin who may have voted more than

once in the same election because the voter also voted in another state.

With respect to ERIC, this bill requires the commission to do all of the following

within 30 days after each general election:

1. Request, obtain, and investigate information provided by ERIC indicating

that individuals registered to vote in Wisconsin may have voted in another state in

the same election or that individuals voted in an election who were disqualified from

voting because of a felony conviction or because the individual has been adjudicated

incompetent to vote.

2. If the commission finds probable cause to believe a voter voted more than

once in the same election or voted in an election when the individual was disqualified

from voting because of a felony conviction or because the individual has been

adjudicated incompetent to vote, refer the matter to the appropriate district attorney

and to the attorney general.

3. Submit a report to the legislature that describes in detail each such referral

to a district attorney and the attorney general.

Also, under current law, after an election, each municipal clerk and municipal

board of election commissioners is required to perform an audit to assure that no

voter voted more than once in the election. If a municipal clerk or municipal board

of election commissioners has good reason to believe that a voter voted more than

once in an election, the municipal clerk or board of election commissioners is required

to send the voter a letter regarding the matter and send a copy of the letter and

subsequent information to the local district attorney and the Elections Commission.

This bill requires the commission to verify receipt by district attorneys of the

required letters and information. The bill further provides that if, after investigation

of the letter and information provided by a municipal clerk or municipal board of

election commissioners, the commission determines that there is probable cause to

believe that a voter voted more than once in the same election, the commission must

refer the matter to the appropriate district attorney and to the attorney general.

Additionally, the bill requires the commission to initiate an investigation,

without the filing of a sworn complaint, of information from ERIC or a municipal

clerk or municipal board of election commissioners indicating a voter may have voted

more than once in an election. Under current law, the commission may generally

initiate an investigation relating to an election law violation only if a sworn

complaint is filed with the commission alleging a violation.