LRB-4264/1
JTK&ARG:cs&wj:nwn
2007 - 2008 LEGISLATURE
March 11, 2008 - Introduced by Senators Carpenter, Plale and Sullivan. Referred
to Committee on Labor, Elections and Urban Affairs.
SB567,2,2 1An Act to repeal 6.56 (5) and 12.13 (3) (v); to renumber 6.79 (3); to renumber
2and amend
6.87 (4) and 6.97 (3); to amend 5.35 (6) (a) 2., 5.35 (6) (a) 4a., 6.15
3(2) (d) 1r., 6.15 (3), 6.29 (1), 6.29 (2) (a), 6.33 (1), 6.33 (2) (b), 6.55 (2) (b), 6.55 (2)
4(c) 1., 6.55 (2) (c) 2., 6.79 (2) (a) and (d), 6.79 (3) (title), 6.79 (4), 6.79 (6), 6.82 (1)
5(a), 6.86 (1) (ar), 6.86 (3) (a) 1., 6.86 (3) (a) 2., 6.869, 6.87 (3) (d), 6.875 (title),
66.875 (2) (a), 6.875 (3) and (4), 6.875 (6) (a) and (c), 6.88 (3) (a), 6.97 (1) and (2),
77.08 (8) (title), 7.52 (3) (a), 10.02 (3) (form) (a), 12.13 (2) (b) 6m., 343.50 (3),
8343.50 (4), 343.50 (5), 343.50 (5m) and 343.50 (6); to repeal and recreate
9343.50 (5); and to create 6.15 (2) (bm), 6.15 (2) (d) 1g., 6.79 (3) (b), 6.79 (7), 6.87
10(4) (a), 6.87 (4) (b) 2. to 5., 6.875 (1) (ap) and (asm), 6.875 (2) (d), 6.965, 6.97 (3)
11(a) and (c) and 343.50 (4g) of the statutes; relating to: requiring certain
12identification in order to vote at a polling place or obtain an absentee ballot,
13verification of the addresses of electors, absentee voting procedure in certain

1residential care apartment complexes and adult family homes, and the fee for
2an identification card issued by the Department of Transportation.
Analysis by the Legislative Reference Bureau
With certain limited exceptions, before being permitted to vote at any polling
place, an elector currently must provide his or her name and address. If the elector
is not registered, the elector must provide a specified form of proof of residence in
order to register. If an elector is not able to present any required proof of residence,
as an alternative, current law permits another qualified elector who resides in the
same municipality to corroborate the elector's registration information. In addition,
an elector other than a military elector or an overseas elector, as defined by federal
law, who registers by mail and who has not voted in an election in this state must
provide one of the forms of identification specified by federal law, or a copy thereof
if voting by absentee ballot, in order to be permitted to vote. Corroboration may not
be substituted for this identification requirement, but an elector who cannot provide
the required identification may cast a provisional ballot. The municipal clerk or
board of election commissioners must determine whether electors casting
provisional ballots are qualified to vote by 4 p.m. on the day after an election.
With certain limited exceptions, this bill requires each person attempting to
register or vote at the polls on election day to present a valid Wisconsin driver's
license issued by the Department of Transportation (DOT) to the person, a valid,
current identification card issued to the person by a U.S. uniformed service, or a valid
Wisconsin identification card issued by DOT to the person. A person whose address
is confidential as a result of domestic abuse or in certain cases a person who has been
required by a law enforcement officer to surrender his or her license (see below) is
exempted from the requirement. Under the bill, any person who applies for an
absentee ballot, except a military or overseas elector, as defined by federal law, or a
person whose address is confidential as a result of domestic abuse, must provide a
copy of the license or identification card, unless: 1) the person has already provided
a copy of his or her license or identification card in connection with an absentee ballot
cast at a previous election and has not changed his or her name or address since that
election; 2) the person has been required by a law enforcement officer to surrender
his or her license (see below); 3) the person is indefinitely confined, in which case the
person may submit a statement signed by the person who witnesses his or her
absentee ballot verifying his or her identity; or 4) the person is an occupant of any
nursing home, or of a community-based residential facility, retirement home, adult
family home, or residential care apartment complex where a municipality sends
special voting deputies, in which case the person may submit a statement signed by
the deputies verifying his or her identity. The bill continues current requirements
for certain electors to provide proof of residence in order to register or to vote, but
discontinues the use of corroborating electors to verify residence. If a person votes
at a polling place fails to provide a license or identification card, the person may vote
provisionally. If a person votes by absentee ballot and fails to provide a copy of the

license or identification card, unless exempted from the requirement, the ballot is
treated as a provisional ballot. A provisional ballot is marked by the poll workers,
who immediately contact the municipal clerk or board of election commissioners.
The person may then provide the required identification either at the polling place
before the closing hour or at the office of the clerk or board. If the person does not
provide the required identification to the clerk or board by 4 p.m. on the day following
the election, the person's vote is not counted. If a person receives a citation from a
law enforcement officer in any jurisdiction that is dated within 60 days of the date
of an election and is required to surrender his or her Wisconsin operator's license at
the time the citation is issued, the elector may present an original copy of the citation
or notice of intent to revoke or suspend the elector's operator's license in lieu of his
or her operator's license or, if the elector is voting an absentee ballot by mail, may
enclose a copy of the citation or notice in lieu of a copy of his or her operator's license.
In this case, the bill provides that the elector's ballot is received and counted if
otherwise valid, but the ballot is marked so it can be identified during the canvassing
and recount process if the validity of the ballot is questioned.
The bill also permits an elector who is eligible to obtain a Wisconsin
identification card to obtain the card from DOT free of charge, if the elector
specifically requests not to be charged. The bill permits an applicant to receive a
Wisconsin identification card without a photograph being taken, as currently
required, if the applicant provides an affidavit stating that he or she has sincerely
held religious beliefs against being photographed, that he or she is a member of a
religious organization or identifies with the tenets of a religious organization and
names that organization, and that the religious tenets of that organization prohibit
such photographing.
Currently, municipalities must send two special voting deputies (one
designated by each major political party if the party wishes) to conduct absentee
voting in nursing homes. Municipalities may also send the deputies to conduct
absentee voting in community-based residential facilities and retirement homes
that qualify for the service in accordance with standards prescribed by law. This bill
permits municipal clerks and boards of election commissioners to send two special
voting deputies to conduct absentee voting in adult family homes and residential
care apartment complexes that qualify for the service in accordance with similar
standards prescribed by law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB567, s. 1 1Section 1. 5.35 (6) (a) 2. of the statutes is amended to read:
SB567,3,42 5.35 (6) (a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3)
3(intro), (d), (f), (g), (k), (L), (o), (q), (r), (u), (v) and (x), together with the applicable
4penalties provided in s. 12.60 (1).
SB567, s. 2
1Section 2. 5.35 (6) (a) 4a. of the statutes is amended to read:
SB567,4,42 5.35 (6) (a) 4a. Instructions prescribed by the board for electors for whom a
3license or identification card is required under s. 6.79 (2) or for whom
proof of
4residence under s. 6.34 is required under s. 6.55 (2).
SB567, s. 3 5Section 3. 6.15 (2) (bm) of the statutes is created to read:
SB567,4,126 6.15 (2) (bm) Except as authorized in s. 6.79 (7), when making application in
7person at the office of the municipal clerk, each applicant shall present a valid
8operator's license issued to the person under ch. 343, a valid, current identification
9card issued to the person by a U.S. uniformed service, or a valid identification card
10issued to the person under s. 343.50. If any document presented by the applicant is
11not proof of residence under s. 6.34, the applicant shall also present proof of residence
12under s. 6.34.
SB567, s. 4 13Section 4. 6.15 (2) (d) 1g. of the statutes is created to read:
SB567,4,1814 6.15 (2) (d) 1g. If the elector makes application in person at the office of the
15municipal clerk, the clerk shall verify that the name on the license or identification
16card provided by the elector under par. (bm) is the same as the name on the elector's
17application and shall verify that any photograph appearing on that document
18reasonably resembles the elector.
SB567, s. 5 19Section 5. 6.15 (2) (d) 1r. of the statutes is amended to read:
SB567,5,520 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card,
21the municipal clerk shall require the elector to provide proof of residence under s.
226.34. If the elector cannot provide proof of residence, the elector may have his or her
23residence corroborated in a statement that is signed by another elector of the
24municipality and that contains the current street address of the corroborating
25elector. If the residence is corroborated by another elector, that elector shall then

1provide proof of residence under s. 6.34
permit the elector to cast his or her ballot for
2president and vice president
. The elector shall then mark the ballot in the clerk's
3presence in a manner that will not disclose his or her vote. The elector shall then fold
4the ballot so as to conceal his or her vote. The clerk or elector shall then place the
5ballot in an envelope furnished by the clerk.
SB567, s. 6 6Section 6. 6.15 (3) of the statutes is amended to read:
SB567,5,247 6.15 (3) Procedure at polling place. An eligible elector may appear at the
8polling place for the ward or election district where he or she resides and make
9application for a ballot under sub. (2). Except as otherwise provided in this
10subsection, an elector who casts a ballot under this subsection shall follow the same
11procedure required for casting a ballot at the municipal clerk's office under sub. (2).
12The inspectors shall perform the duties of the municipal clerk, except that the
13inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk
14and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon
15proper completion of the application and cancellation card and submittal of proof of
16residence under s. 6.34 or providing corroboration of residence
verification of the
17elector's license or identification card as provided in sub. (2) (d) 1g.
, the inspectors
18shall permit the elector to cast his or her ballot for president and vice president. The
19elector shall mark the ballot and, unless the ballot is utilized with an electronic
20voting system, the elector shall fold the ballot, and deposit the ballot into the ballot
21box or give it to the inspector. The inspector shall deposit it directly into the ballot
22box. Voting machines or ballots utilized with electronic voting systems may only be
23used by electors voting under this section if they permit voting for president and vice
24president only.
SB567, s. 7 25Section 7. 6.29 (1) of the statutes is amended to read:
SB567,6,5
16.29 (1) No names may be added to a registration list for any election after the
2close of registration, except as authorized under this section or s. 6.55 (2) or 6.86 (3)
3(a) 2. Any person whose name is not on the registration list but who is otherwise a
4qualified elector is entitled to vote at the election upon compliance with this section,
5if the person complies with all other requirements for voting at the polling place
.
SB567, s. 8 6Section 8. 6.29 (2) (a) of the statutes is amended to read:
SB567,7,27 6.29 (2) (a) Any qualified elector of a municipality who has not previously filed
8a registration form or whose name does not appear on the registration list of the
9municipality may register after the close of registration but not later than 5 p.m. or
10the close of business, whichever is later, on the day before an election at the office of
11the municipal clerk and at the office of the clerk's agent if the clerk delegates
12responsibility for electronic maintenance of the registration list to an agent under
13s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2),
14a registration form containing all information required under s. 6.33 (1). The
15registration form shall also contain the following certification: "I, ...., hereby certify
16that, to the best of my knowledge, I am a qualified elector, having resided at ... for
17at least 10 days immediately preceding this election, and I have not voted at this
18election". The elector shall also provide proof of residence under s. 6.34.
19Alternatively, if the elector is unable to provide proof of residence under s. 6.34, the
20information contained in the registration form shall be corroborated in a statement
21that is signed by any other elector of the municipality and that contains the current
22street address of the corroborating elector. The corroborating elector shall then
23provide proof of residence under s. 6.34.
If the elector is registering after the close
24of registration for the general election and the elector presents a valid driver's license
25issued by another state, the municipal clerk or agent shall record on a separate list

1the name and address of the elector, the name of the state, and the license number
2and expiration date of the license.
SB567, s. 9 3Section 9. 6.33 (1) of the statutes is amended to read:
SB567,8,74 6.33 (1) The board shall prescribe the format, size, and shape of registration
5forms. All forms shall be printed on cards and each item of information shall be of
6uniform font size, as prescribed by the board. The municipal clerk shall supply
7sufficient form forms to meet voter registration needs. The forms shall be designed
8to obtain from each applicant information as to name; date; residence location;
9citizenship; date of birth; age; the number of a valid operator's license issued to the
10elector under ch. 343 or the last 4 digits of the elector's social security account
11number; whether the applicant has resided within the ward or election district for
12at least 10 days; whether the applicant has been convicted of a felony for which he
13or she has not been pardoned, and if so, whether the applicant is incarcerated, or on
14parole, probation, or extended supervision; whether the applicant is disqualified on
15any other ground from voting; and whether the applicant is currently registered to
16vote at any other location. The form shall include a space for the applicant's
17signature and the signature of any corroborating elector. The form shall include a
18space to enter the name of any special registration deputy under s. 6.26 or 6.55 (6)
19or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form
20and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name,
21affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form.
22The form shall include a space for entry of the ward and aldermanic district, if any,
23where the elector resides and any other information required to determine the offices
24and referenda for which the elector is certified to vote. The form shall also include
25a space where the clerk may record an indication of whether the form is received by

1mail, a space where the clerk may record an indication of the type of identifying
2document submitted by the elector as proof of residence under s. 6.34, whenever
3required, and a space where the clerk, for any applicant who possesses a valid voting
4identification card issued to the person under s. 6.47 (3), may record the
5identification serial number appearing on the voting identification card. Each
6county clerk shall obtain sufficient registration forms for completion by an elector
7who desires to register to vote at the office of the county clerk under s. 6.28 (4).
SB567, s. 10 8Section 10. 6.33 (2) (b) of the statutes is amended to read:
SB567,8,139 6.33 (2) (b) Except as provided in s. 6.86 (3) (a) 2., the registration form shall
10be signed by the registering elector and any corroborating elector under s. 6.29 (2)
11(a) or 6.55 (2)
before the clerk, issuing officer or registration deputy. The form shall
12contain a certification by the registering elector that all statements are true and
13correct.
SB567, s. 11 14Section 11. 6.55 (2) (b) of the statutes is amended to read:
SB567,9,1015 6.55 (2) (b) Upon executing the registration form under par. (a), except as
16authorized under s. 6.79 (7),
the elector shall be required by a special registration
17deputy or inspector to present a valid operator's license issued to the elector under
18ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed
19service, or a valid identification card issued to the elector under s. 343.50. If any
20document presented is not proof of residence under s. 6.34, the elector shall also

21provide proof of residence under s. 6.34. If the elector cannot provide proof of
22residence, the information contained in the registration form shall be corroborated
23in a statement that is signed by any elector who resides in the same municipality as
24the registering elector and that contains the current street address of the
25corroborating elector. The corroborator shall then provide proof of residence as

1provided in s. 6.34.
If the elector is registering to vote in the general election and the
2elector presents a valid driver's license issued by another state, the inspector or
3deputy shall record on a separate list the name and address of the elector, the name
4of the state, and the license number and expiration date of the license. The signing
5by the elector executing the registration form and by any corroborator shall be in the
6presence of the special registration deputy or inspector who shall then print his or
7her name on and sign the form, indicating that the deputy or inspector has accepted
8the form. Upon compliance with this procedure, the elector shall be permitted to cast
9his or her vote, if the elector complies with all other requirements for voting at the
10polling place.
SB567, s. 12 11Section 12. 6.55 (2) (c) 1. of the statutes is amended to read:
SB567,9,2512 6.55 (2) (c) 1. As an alternative to registration at the polling place under pars.
13(a) and (b), the board of election commissioners, or the governing body of any
14municipality may by resolution require a person who qualifies as an elector and who
15is not registered and desires to register on the day of an election to do so at another
16readily accessible location in the same building as the polling place serving the
17elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b),
18instead of at the polling place serving the elector's residence. In such case, the
19municipal clerk shall prominently post a notice of the registration location at the
20polling place. The elector who desires to register shall execute a registration form
21as prescribed under par. (a) and, except as authorized in s. 6.79 (7), present a valid
22operator's license issued to the person under ch. 343, a valid, current identification
23card issued to the person by a U.S. uniformed service, or a valid identification card
24issued to the person under s. 343.50. If any document presented by the person is not
25acceptable proof of residence under s. 6.34, the person shall also
provide proof of

1residence as provided under s. 6.34. If the elector cannot provide proof of residence,
2the information contained in the registration form shall be corroborated in the
3manner provided in par. (b).
If the elector a person is registering to vote in the general
4election and the elector person presents a valid driver's license issued by another
5state, the municipal clerk, deputy clerk, or special registration deputy shall record
6on a separate list the name and address of the elector person, the name of the state,
7and the license number and expiration date of the license. The signing by the elector
8person executing the registration form and by any corroborator, except as provided
9under par. (a),
shall be in the presence of the municipal clerk, deputy clerk or special
10registration deputy. The municipal clerk, the deputy clerk, or the special registration
11deputy shall then print his or her name and sign the form, indicating that the clerk,
12deputy clerk, or deputy has accepted the form. Upon proper completion of
13registration, the municipal clerk, deputy clerk or special registration deputy shall
14serially number the registration and give one copy to the elector person for
15presentation at the polling place serving the elector's person's residence or an
16alternate polling place assigned under s. 5.25 (5) (b).
SB567, s. 13 17Section 13. 6.55 (2) (c) 2. of the statutes is amended to read:
SB567,11,218 6.55 (2) (c) 2. Upon compliance with the procedures under subd. 1., the
19municipal clerk or deputy clerk shall issue a certificate addressed to the inspectors
20of the proper polling place directing that the elector be permitted to cast his or her
21vote if the elector complies with all requirements for voting at the polling place. The
22clerk shall enter the name and address of the elector on the face of the certificate.
23If the elector's registration is corroborated, the clerk shall also enter the name and
24address of the corroborator on the face of the certificate.
The certificate shall be

1numbered serially and prepared in duplicate. The municipal clerk shall preserve one
2copy in his or her office.
SB567, s. 14 3Section 14. 6.56 (5) of the statutes, as affected by 2007 Wisconsin Act 1, is
4repealed.
SB567, s. 15 5Section 15. 6.79 (2) (a) and (d) of the statutes are amended to read:
SB567,11,156 6.79 (2) (a) Unless information on the poll list is entered electronically, the
7municipal clerk shall supply the inspectors with 2 copies of the most current official
8registration list or lists prepared under s. 6.36 (2) (a) for use as poll lists at the polling
9place. Except as provided in sub. subs. (6) and (7) , each person elector, before
10receiving a serial number, shall state his or her full name and address and present
11to the officials a valid operator's license issued to the elector under ch. 343, a valid,
12current identification card issued to the elector by a U.S. uniformed service, or a valid
13identification card issued to the elector under s. 343.50
. The officials shall verify that
14the name and address provided stated by the person elector are the same as the
15person's elector's name and address on the poll list.
SB567,11,2416 (d) If the poll list, indicates that proof of residence under s. 6.34 is required and
17the document provided by the elector under par. (a) does not constitute proof of
18residence under s. 6.34
, the officials shall require the elector to provide proof of
19residence. If proof of residence is provided, the officials shall verify that the name
20and address on the document submitted as proof of residence provided is the same
21as the name and address shown on the registration list. If proof of residence is
22required and not provided, or if the elector does not present a license or identification
23card under par. (a), whenever required,
the officials shall offer the opportunity for
24the elector to vote under s. 6.97.
SB567, s. 16 25Section 16. 6.79 (3) (title) of the statutes is amended to read:
SB567,12,2
16.79 (3) (title) Refusal to give name and address provide name, address,
2license, or identification card
.
SB567, s. 17 3Section 17. 6.79 (3) of the statutes is renumbered 6.79 (3) (a).
SB567, s. 18 4Section 18. 6.79 (3) (b) of the statutes is created to read:
SB567,12,105 6.79 (3) (b) If a license or identification card under sub. (2) is not provided by
6the elector or if the name or any photograph appearing on the document that is
7provided cannot be verified by the officials, the elector shall not be permitted to vote,
8except as authorized under sub. (6) or (7), but if the elector is entitled to cast a
9provisional ballot under s. 6.97, the officials shall offer the opportunity for the elector
10to vote under s. 6.97.
SB567, s. 19 11Section 19. 6.79 (4) of the statutes is amended to read:
SB567,12,2412 6.79 (4) Supplemental information. When any elector provides proof of
13residence under s. 6.15, 6.29 or 6.55 (2), the election officials shall enter the type of
14identifying document provided on the poll list, or separate list maintained under sub.
15(2) (c). If the document submitted as proof of identity or residence includes a number
16which applies only to the individual holding that document, the election officials
17shall also enter that number on the list. When any elector corroborates the
18registration identity or residence of any person offering to vote under s. 6.55 (2) (b)
19or (c), or the registration identity or residence of any person registering on election
20day under s. 6.86 (3) (a) 2., the election officials shall also enter the name and address
21of the corroborator next to the name of the elector whose information is being
22corroborated on the poll list, or the separate list maintained under sub. (2) (c).
When
23any person offering to vote has been challenged and taken the oath, following the
24person's name on the poll list, the officials shall enter the word "Sworn".
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