Public-domain · open source
OpenJurist

Wis. Stat. § 6.47

Confidentiality of information relating to victims of domestic abuse

Showing this section's text as in effect on January 1, 2003 (in force January 1, 2003 – January 1, 2005). View current text →

(1) In this section:

(a) "Eligible individual" means:

1. An individual who has been granted a protective order that is in effect.

2. An individual who files an affidavit with the municipal clerk of the municipality where the individual resides, on a form prescribed by the board, that is signed by a sheriff or the chief of a police department and directed to the municipal clerk, and that verifies that a person has been charged with or convicted of an offense relating to domestic abuse in which the individual was a victim and reasonably continues to be threatened by that person.

3. An individual who resides in a shelter.

(b) "Offense relating to domestic abuse" means an offense specified in s. 940.19 , 940.20 (1m) , 940.201 , 940.22 , 940.225 , 940.32 , 947.013 , 948.02 , 948.025 , 948.06 , 948.09 or 948.095 .

(c) "Protected individual" means an individual whose name and address is confidential under sub. (2) .

(d) "Protective order" means a temporary restraining order or an injunction issued under s. 813.12 or 813.125 .

(e) "Shelter" means a place where at least 4 unrelated individuals reside that provides residential shelter to individuals whose personal security is or may be threatened by family members or other persons with whom the individuals have had contact.

(2) Except as authorized in sub. (8) , the board, each municipal clerk, each agent designated under s. 6.33 (5) (b) , and each election official shall withhold from public inspection under s. 19.35 (1) the name and address of any eligible individual whose name appears on a poll list or registration list if the individual provides the municipal clerk with a valid written request to protect the individual's confidentiality. To be valid, a request under this subsection must be accompanied by a copy of a protective order that is in effect, an affidavit under sub. (1) (a) 2. that is dated within 30 days of the date of the request or a statement signed by the operator or an authorized agent of the operator of a shelter that is dated within 30 days of the date of the request and that indicates that the operator operates the shelter and that the individual making the request resides in the shelter. A physically disabled individual who appears personally at the office of the municipal clerk accompanied by another elector of this state may designate that elector to make a request under this subsection on his or her behalf.

(3) Upon receiving a valid written request from an elector under sub. (2) , the municipal clerk shall issue to the elector a voting identification card on a form prescribed by the board that shall contain the name of the elector's municipality of residence and, in the case of a town, the county in which the town is located, the elector's name, the ward in which the elector resides, if any, and a unique identification serial number issued by the board. The number issued to an elector under this subsection shall not be changed for so long as the elector continues to qualify for a listing under sub. (2) .

(4) Except as provided in sub. (5) , a confidential listing under sub. (2) expires on the date that a protective order expires, the date that the protected individual ceases to reside in a shelter or at the end of the 24-month period that follows creation or renewal of the listing under sub. (2) , whichever is earlier.

(5)

(a) The municipal clerk shall cancel a confidential listing under sub. (2) if:

1. The clerk receives notification from a sheriff or chief of police under sub. (8) .

2. The name of the protected individual is legally changed.

3. The protected individual changes his or her address without notifying the municipal clerk.

4. The municipal clerk finds that the protected individual provided false information to the clerk for the purpose of obtaining a confidential listing under sub. (2) .

(b) An individual whose confidential listing is canceled under par. (a) may file a new request and qualify under sub. (2) to obtain a renewal of the listing.

(6) Upon expiration of a confidential listing on a registration list under sub. (2) , the municipal clerk shall change the registration of the protected individual to ineligible status unless the individual files a new request and qualifies under sub. (2) to obtain a renewal of the listing or unless the individual applies for and qualifies to obtain a nonconfidential voter registration. Except as authorized in sub. (8) , the municipal clerk shall withhold from public inspection under s. 19.35 (1) the name and address of any individual whose registration is changed under this subsection if the individual qualified for a confidential listing at the time of that listing.

(7)

(a) If the municipal clerk has notice that a confidential listing under sub. (2) is scheduled to expire, the municipal clerk shall provide 30 days' notice to the protected individual of the scheduled expiration of the listing.

(b) If notice to a protected individual is not provided under par. (a) , the municipal clerk shall provide notice to the subject individual upon canceling a confidential listing under sub. (2) .

(8) The municipal clerk shall provide access to a name and address under sub. (2) :

(a) To a law enforcement officer for official purposes.

(b) To a state or local governmental officer pursuant to a specific law that necessitates obtaining the name or address.

(c) Pursuant to a court order citing a reason that access to the name or address should be provided.

(d) To a clerk of circuit court for purposes of s. 756.04 (5) (a) .

(e) At the request of a protected individual, for purposes of permitting that individual to sign a petition under s. 59.05 (2) or a protest petition, consent or counter petition under s. 125.05 .

(9) No person who obtains access to a name or address under sub. (8) may disclose the name or address to any person other than a public employee for the same purpose for which the information was obtained.

(10) If a sheriff or chief of a police department who signs an affidavit under sub. (1) (a) 2. obtains information that the person who was charged with an offense relating to domestic abuse is no longer so charged or that the person's judgment of conviction has been vacated, and the charge or conviction was the sole basis for the affidavit, the sheriff or chief shall provide written notice of that information to the municipal clerk to whom the affidavit was directed.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.