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SB595: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5141/1
JK&MPG:all
2025 SENATE BILL 595
October 30, 2025 - Introduced by Senators
Tomczyk
and
Quinn
, cosponsored by Representatives
Krug
,
Knodl
,
O'Connor
,
Steffen
,
Penterman
,
Armstrong
,
Kitchens
,
Allen
,
Hurd
,
Murphy
,
Tittl
,
Maxey
,
Snyder
,
Nedweski
,
Green
,
Spiros
and
Melotik
. Referred to Committee on Government Operations, Labor and Economic Development.
SB595,1,9
1
An Act
to repeal
6.36 (6);
to amend
5.056, 5.061 (3), 6.275 (1) (f), 6.32 (4), 6.33
2
(4), 6.33 (5) (a) 1., 6.36 (1) (d), 6.36 (1) (e), 6.47 (6), 6.47 (7) (b), 6.48 (1) (d), 6.48
3
(2) (b), 6.50 (2), 6.50 (2g), 6.50 (2r) (g), 6.50 (3), 6.50 (4), 6.50 (5), 6.50 (6), 6.50
4
(7), 6.50 (10), 6.56 (3), 6.56 (4), 7.23 (1) (c), 85.61 (1) and 301.03 (20m);
to
5
create
5.05 (19), 5.057, 5.058, 5.061 (5), 5.061 (6), 6.36 (6m), 6.50 (4m), 13.94
6
(11) and 69.03 (16) of the statutes;
relating to:
compliance with the federal
7
Help America Vote Act, voter registration data sharing agreements, removing
8
ineligible voters from the official voter registration list, and fees for obtaining
9
the official voter registration list.
Analysis by the Legislative Reference Bureau
Help America Vote Act
Current law allows any person who believes that a violation of the federal Help America Vote Act is occurring or is proposed to occur with respect to an election for national office in this state to file a written verified complaint with the Elections Commission. The person filing the complaint may request a hearing. If a hearing is requested, the commission must make a final determination regarding the merits of the complaint and issue a decision no later than 89 days after receiving the complaint.
The commission has taken a position that it cannot decide a complaint brought against itself. In 2022, the Wisconsin Supreme Court agreed with that position. See,
Teigen v. Wisconsin Elections Commission
, 2022 WI 64, ¶ 33, 403 Wis. 2d 607, 976 N.W.2d 519. The commission recently received a letter from the federal Department of Justice asserting that such a position violates the administrative complaint requirements under the Help America Vote Act.
Under this bill, if the commission receives a complaint that alleges that the commission itself is violating HAVA and the complaint raises a substantial question of material fact, the commission must make a final determination on the merits of the complaint and issue a decision. The bill prohibits the commission from dismissing the complaint simply because the complaint alleges a commission violation.
The bill specifies that a complainant may request a hearing
if the complaint raises a substantial question of material fact
and that the request must be a
written
request. In addition, if the complaint raises such an issue, the commission may decide to hold a hearing regardless of whether a hearing has been requested. The bill provides that a hearing before the commission to adjudicate an alleged HAVA violation must be held in open session and that the oral proceedings of the hearing must be recorded by stenographic or electronic means, consistent with current law regarding administrative hearings. In addition, the commission must make a transcript of the oral proceedings available for public inspection and in preparation for judicial review. Under current law, all records that are distributed or discussed in the course of a meeting or hearing by the commission in open session are available for public inspection.
The bill also requires that the final determination of a complaint alleging a HAVA violation be in writing. If the commission dismisses a complaint or does not grant the relief requested in the complaint, the person filing the complaint may seek judicial review of the commission’s decision, consistent with current law regarding judicial review of administrative decisions. As required by HAVA, the commission must publish the results of all dismissed complaints on its website.
Data sharing agreements
Current law requires the administrator of the Elections Commission to enter into an agreement with the secretary of transportation to match personally identifiable information on the official registration list maintained by the commission with personally identifiable information maintained by the Department of Transportation in vehicle registration and license records. The bill requires the administrator and the secretary to update the agreement at least once every two years. Under the bill, the commission is given access to information maintained by DOT in order to verify that individuals on the official registration list are U.S. citizens. The bill requires DOT to conduct matching of personally identifiable information maintained by DOT with that on the registration list on a daily basis. Under the bill, if the information on the official registration list for an individual does not match the information for the individual maintained by DOT, DOT must provide to the commission the name and date of birth of the individual and the number of the driver’s license or identification card issued by DOT to the individual. The bill also requires DOT to indicate to the commission whether the individual reported a change of address for purposes of updating records regarding a driver’s license, identification card, or vehicle registration.
Under current law, the municipal clerk must change the registration of deceased electors from eligible to ineligible status by means of checking vital statistics reports. Current law requires the Department of Health Services to establish the Office of Vital Records and to appoint a state registrar to supervise the office. Generally, OVR and the state registrar are responsible for accepting, indexing, and preserving vital records, such as original marriage documents and records of birth, death, and divorce. The bill requires the administrator of the commission and the state registrar to enter into an agreement to match personally identifiable information from the registration list with the death records maintained by OVR. The administrator and the state registrar must update the agreement at least once every two years. Under the bill, OVR must conduct matching of personally identifiable information on a daily basis and immediately notify the administrator of the commission of the name, date of birth, date of death, and place of death of any person on the official registration list for which OVR has a death record.
Under current law, the Department of Corrections must transmit to the commission, on a continuous basis, a list containing the name of each living person who has been convicted of a felony and whose civil rights have not been restored, together with the person’s residential address and the date on which DOC expects the person’s civil rights to be restored. The bill requires DOC to transmit this information to the commission on a daily basis. In addition, the bill requires the secretary of corrections and the administrator of the commission to enter into an agreement to match personally identifiable information from the registration list with the personally identifiable information maintained by DOC and update that agreement at least once every two years.
Removing ineligible voter from the registration list
Under current law, if a voter who appears on the official voter registration list maintained by the Elections Commission becomes ineligible to vote for any reason, his or her status is changed from eligible to ineligible on the registration list.
Under this bill, if a voter who appears on the registration list becomes ineligible to vote for any reason, he or she must be removed from the list and the Elections Commission must keep a permanent record of the removal, including the date of and reason for the removal. Consistent with current law, an individual who is removed from the registration list and subsequently becomes eligible to register to vote in Wisconsin may reregister as provided by law.
Voter citizenship audit
This bill requires the Legislative Audit Bureau to conduct an audit of the official voter registration list in the year of the bill’s enactment and in every odd-numbered year to identify registered individuals who are not U.S. citizens. The bill requires LAB to compare the information contained in the registration list with the information the Elections Commission receives from the Department of Transportation, the Department of Corrections, and the Office of Vital Records, established by the Department of Health Services. If LAB identifies registrants who are not U.S. citizens, LAB must verify the citizenship of those registrants by using the systematic alien verification for entitlements database maintained by the federal Department of Homeland Security. LAB must then notify the Elections Commission and the appropriate municipal clerks or boards of election commissioners of the individuals listed on the official registration list that LAB has identified as not being U.S. citizens.
Under the bill, the Elections Commission must send notice to each registrant identified as a noncitizen to inform the registrant that the registrant will be removed from the official registration list if he or she does not provide proof of citizenship to the commission or to the appropriate municipal clerk or board of election commissioners no later than 30 days after receiving the notice.
The bill requires the Legislative Audit Bureau to submit a report of its findings and recommendations to the legislature no later than June 30 of the odd-numbered year. The report must include the number of individuals incorrectly identified as not being U.S. citizens on the official registration list and the number of individuals correctly identified as not being U.S. citizens on the list and removed from the list.
Fees for obtaining the registration list
Under current law, the Elections Commission establishes a fee, by rule, for obtaining a copy of the official voter registration list. The fee is an amount estimated to cover both the cost of reproduction and the cost of maintaining the list at the state and local level.
Under the bill, a person may obtain a copy of the official voter registration list for Wisconsin, or any portion of the list, electronically by paying a fee of $1,000 or less as established by the commission. The bill authorizes the commission to charge an additional fee for providing a copy of the list in physical form in order to cover the cost of reproduction and postage, if any.
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:
SB595,1
1
Section
1
.
5.05 (19) of the statutes is created to read:
SB595,3,6
1
5.05
(19)
Voter citizenship audit.
The commission shall cooperate with the
2
legislative audit bureau to conduct the audit under s. 13.94 (11) to identify
3
individuals listed in the official registration list under s. 6.36 who are not U.S.
4
citizens. The commission shall also direct each municipal clerk and board of
5
election commissioners to cooperate with the legislative audit bureau to conduct the
6
audit under s. 13.94 (11).
SB595,2
7
Section
2
.
5.056 of the statutes is amended to read:
SB595,3,20
8
5.056
Matching program with secretary of transportation.
The
9
commission administrator shall enter into the agreement with the secretary of
10
transportation specified under s. 85.61 (1) to match personally identifiable
11
information on the official registration list maintained by the commission under s.
12
6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable
13
information maintained by the department of transportation.
The agreement shall
14
require the department of transportation to provide the commission access to
15
personally identifiable information maintained by the department of
16
transportation in order to verify that individuals on the official registration list are
17
U.S. citizens. The commission shall immediately verify the information on the list
18
whenever an individual registers to vote or modifies his or her registration. The
19
administrator and the secretary shall update the agreement at least once every 2
20
years.
SB595,3
21
Section
3
.
5.057 of the statutes is created to read:
SB595,4,5
22
5.057 Matching program with the state registrar.
The commission
23
administrator shall enter into the agreement specified under s. 69.03 (16) with the
24
state registrar appointed under s. 69.02 (1) (b) to match personally identifiable
1
information on the official registration list maintained by the commission under s.
2
6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable
3
information and vital statistics maintained by the state registrar. The
4
administrator and the registrar shall update the agreement at least once every 2
5
years.
SB595,4
6
Section
4
.
5.058 of the statutes is created to read:
SB595,4,13
7
5.058 Matching program with the department of corrections.
The
8
commission administrator shall enter into the agreement with the secretary of
9
corrections specified under s. 301.03 (20m) to match personally identifiable
10
information on the official registration list maintained by the commission under s.
11
6.36 (1) and the information specified in s. 6.34 (2m) with the personally
12
identifiable information provided under s. 301.03 (20m). The administrator and
13
the secretary shall update the agreement at least once every 2 years.
SB595,5
14
Section
5
.
5.061 (3) of the statutes is amended to read:
SB595,5,7
15
5.061
(3)
A
If a complaint received under this section raises a substantial
16
question of material fact, the
complainant under sub. (1) or any of the complainants
17
in a consolidated complaint under sub. (2) may
make a written
request
for
a hearing
18
and the matter shall then be treated as a contested case under ch. 227, except that
19
the commission shall make a final determination with respect to the merits of the
20
complaint and issue a decision within 89 days of the time that the complaint or the
21
earliest of any complaints was filed, unless the complainant, or each of any
22
complainants whose complaints are consolidated, consents to a specified longer
23
period.
If a complaint raises a substantial question of material fact, but neither the
24
complainant nor any of the complainants in a consolidated complaint request a
1
hearing, the commission may conduct a hearing as provided under ch. 227. A
2
hearing under this subsection shall be held in open session and the oral proceedings
3
of the hearing shall be recorded by stenographic or electronic means, consistent
4
with s. 227.44 (8). Hearing records shall be available for public inspection, as
5
provided under s. 5.05 (5s) (a). The commission shall make a transcript of the oral
6
proceedings available for public inspection and in preparation for judicial review, as
7
provided under s. 227.44 (8).
SB595,6
8
Section
6
.
5.061 (5) of the statutes is created to read:
SB595,5,15
9
5.061
(5)
If the commission receives a complaint under sub. (1) that alleges
10
that the commission itself is violating Title III of P.L.
107-252
, or that such a
11
violation is likely to occur as a result of action or inaction by the commission, and
12
the complaint raises a substantial question of material fact, the commission shall
13
make a final determination with respect to the merits of the complaint and issue a
14
decision. The commission may not dismiss the complaint simply because the
15
complaint alleges a violation by the commission.
SB595,7
16
Section
7
.
5.061 (6) of the statutes is created to read:
SB595,5,22
17
5.061
(6)
A complainant may seek judicial review under ch. 227 of any order
18
issued under this section that dismisses the complaint or otherwise does not grant
19
the relief requested in the complaint. The commission shall publish the results of
20
all complaints dismissed under this section on the website maintained by the
21
commission. All final determinations made by the commission under this section
22
shall be in writing.
SB595,8
23
Section
8
.
6.275 (1) (f) of the statutes is amended to read:
SB595,6,15
24
6.275
(1)
(f) The total number of postcards sent by the municipal clerk or
1
board of election commissioners under s. 6.56 (3), the total number of such
2
postcards returned to the municipal clerk or board of election commissioners
3
because the elector did not reside at the address given on the postcard, the total
4
number of electors
whose status was changed from eligible to ineligible on
removed
5
from
the registration list as a result of the audit under s. 6.56 (3), and the number of
6
individuals referred to the district attorney under s. 6.56 (3). The municipal clerk
7
or board of election commissioners shall provide the information described under
8
this paragraph to the elections commission and the county clerk or county board of
9
election commissioners at the earliest practicable time after, but no later than 90
10
days after, each primary and election at which a state or national office is filled or a
11
statewide referendum is held, including any special election. The municipal clerk or
12
board of election commissioners shall update the information described under this
13
paragraph on a monthly basis and shall submit, on a monthly basis, any such
14
updated information to the elections commission and the county clerk or county
15
board of election commissioners.
SB595,9
16
Section
9
.
6.32 (4) of the statutes is amended to read:
SB595,7,5
17
6.32
(4)
If the form is sufficient to accomplish registration and the
18
commission or clerk has no reliable information to indicate that the proposed elector
19
is not qualified, the commission or clerk shall enter the elector’s name on the
20
registration list and transmit a 1st class letter or postcard to the registrant,
21
specifying the elector’s ward or aldermanic district, or both, if any, and polling
22
place. The letter or postcard shall be sent within 10 days of receipt of the form. If
23
the letter or postcard is returned, or if the commission or clerk is informed of a
1
different address than the one specified by the elector, the commission or clerk shall
2
change the status of
remove
the elector
on
from
the list
from eligible to ineligible
.
3
The letter or postcard shall be marked in accordance with postal regulations to
4
ensure that it will be returned to the commission or clerk if the elector does not
5
reside at the address given on the letter or postcard.
SB595,10
6
Section
10
.
6.33 (4) of the statutes is amended to read:
SB595,7,12
7
6.33
(4)
When an
individual’s registration is changed from eligible to
8
ineligible status
individual is removed from the registration list for any reason
, the
9
municipal clerk or board of election commissioners shall
enter
notify the
10
commission, providing
the date
of
and reason for
change on
removal from
the
11
registration list.
The commission shall keep a permanent record of the removal,
12
including the date of and reason for the removal.
SB595,11
13
Section
11
.
6.33 (5) (a) 1. of the statutes is amended to read:
SB595,7,19
14
6.33
(5)
(a) 1. Except as provided in par. (b) and this paragraph, whenever a
15
municipal clerk receives a valid registration or valid change of a name or address
16
under an existing registration
or changes a registration from eligible to ineligible
17
status
,
the municipal clerk or the clerk’s designee shall promptly enter
18
electronically on the list maintained by the commission under s. 6.36 (1) the
19
information required under that subsection.
SB595,12
20
Section
12
.
6.36 (1) (d) of the statutes is amended to read:
SB595,8,3
21
6.36
(1)
(d) Upon receipt of official notification by the appropriate election
22
administrative authority of another state, territory, or possession that an elector
23
whose name appears on the list has registered to vote in that state, territory, or
1
possession, the commission or the municipal clerk of the municipality where the
2
elector formerly resided shall
change the elector’s registration from eligible to
3
ineligible status
remove the elector’s name from the registration list
.
SB595,13
4
Section
13
.
6.36 (1) (e) of the statutes is amended to read:
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