LRB-4500/2
JTK&ARG:cjs:ph
2009 - 2010 LEGISLATURE
April 12, 2010 - Introduced by Representatives Stone, Pridemore, Roth, Davis,
LeMahieu, Vukmir, Lothian, Huebsch, Van Roy, Gunderson, Suder, Gottlieb,
Petersen, Honadel, Spanbauer, Kestell, Zipperer, Kaufert, Kleefisch,
Kramer, Vos, Kerkman, A. Ott, Montgomery, Knodl, Ballweg, Gundrum and
J. Ott, cosponsored by Senators Leibham, Lazich, A. Lasee, Kedzie, Olsen,
Kanavas, Darling, Harsdorf, Schultz and Hopper. Referred to Committee on
Elections and Campaign Reform.
AB947,2,14
1An Act to repeal 6.56 (5), 12.13 (3) (v) and 343.50 (4g);
to renumber 6.79 (3);
2to renumber and amend 6.87 (4) and 6.97 (3);
to amend 5.35 (6) (a) 2., 5.35
3(6) (a) 4a., 5.35 (6) (a) 4a., 6.15 (2) (bm), 6.15 (2) (d) 1g., 6.15 (2) (d) 1r., 6.15 (3),
46.15 (3), 6.29 (1), 6.29 (2) (a), 6.33 (1), 6.33 (2) (b), 6.34 (2), 6.55 (2) (b), 6.55 (2)
5(b), 6.55 (2) (c) 1., 6.55 (2) (c) 1., 6.55 (2) (c) 2., 6.79 (2) (a), 6.79 (2) (a), 6.79 (2)
6(d), 6.79 (2) (d), 6.79 (3) (title), 6.79 (3) (title), 6.79 (3) (b), 6.79 (4), 6.79 (6), 6.79
7(6), 6.82 (1) (a), 6.82 (1) (a), 6.86 (1) (ac), 6.86 (1) (ar), 6.86 (1) (ar), 6.86 (3) (a)
81., 6.86 (3) (a) 1., 6.86 (3) (a) 2., 6.869, 6.869, 6.87 (3) (d), 6.87 (4) (b) 1., 6.87 (4)
9(b) 2., 6.87 (4) (b) 3., 6.87 (4) (b) 5., 6.875 (title), 6.875 (2) (a), 6.875 (3) and (4),
106.875 (6) (a) and (b), 6.875 (6) (c) 1., 6.875 (6) (c) 1., 6.875 (6) (c) 2., 6.875 (6) (e),
116.875 (7), 6.88 (3) (a), 6.88 (3) (a), 6.97 (title), 6.97 (1), 6.97 (1), 6.97 (2), 6.97 (2),
126.97 (3) (a), 6.97 (3) (b), 6.97 (3) (c), 7.08 (8) (title), 7.08 (12), 7.52 (3) (a), 7.52 (3)
13(a), 10.02 (3) (form) (a), 10.02 (3) (form) (a), 12.03 (2) (b) 3., 12.13 (2) (b) 6m.,
1485.103 (2), 134.71 (8) (a) 2., 139.30 (4n), 343.19 (title), 343.19 (2) (intro.),
1343.235 (title), 343.237 (title), 343.237 (6), 343.43 (2), 343.50 (3), 343.50 (4),
2343.50 (5) (a) 1. and 343.50 (6);
to repeal and recreate 343.19 (1), 343.22 (2),
3343.22 (2m), 343.22 (3), 343.237 (2), 343.237 (3) (intro.), 343.50 (3), 343.50 (4),
4343.50 (5) (a) 1. and 343.50 (6); and
to create 6.15 (2) (bm), 6.15 (2) (d) 1g., 6.79
5(3) (b), 6.79 (7), 6.87 (4) (a), 6.87 (4) (b) 2., 6.87 (4) (b) 3., 6.87 (4) (b) 4., 6.87 (4)
6(b) 5., 6.875 (1) (ap) and (asm), 6.875 (2) (d), 6.965, 6.97 (3) (a), 6.97 (3) (c), 7.08
7(12), 125.085 (1) (f), 343.19 (2) (c), 343.50 (4g) and 343.505 of the statutes;
8relating to: requiring certain identification in order to vote at a polling place
9or obtain an absentee ballot, verification of the addresses of electors, absentee
10voting procedure in certain residential care apartment complexes and adult
11family homes, identification cards issued by the Department of Transportation,
12creating an identification certificate issued by the Department of
13Transportation, requiring the exercise of rule-making authority, and providing
14a penalty.
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 an elector's registration information to be
corroborated by another qualified elector who resides in the same municipality. 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 to the person by the Department of Transportation (DOT), a valid,
current identification card issued to the person by a U.S. uniformed service, or a valid
Wisconsin identification card issued to the person by DOT or, if DOT implements the
provisions of the federal REAL ID Act, an identification certificate issued to the
person by DOT (see below). 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 directs the Government Accountability Board, in conjunction with
the first regularly scheduled primary and election at which the voter identification
requirements created by the bill initially apply, to conduct a public informational
campaign for the purpose of informing prospective voters of the voter identification
requirements created by the bill. In addition, the bill directs the board to conduct
an ongoing outreach effort to identify and contact groups of electors who may need
assistance in obtaining or renewing licenses or identification cards for voting
purposes and to provide assistance in obtaining or renewing those licenses or
identification cards.
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, that the religious tenets of that organization prohibit such
photographing, and that he or she requests the identification card for the purpose
of voting.
Under
2007 Wisconsin Act 20 (the biennial budget bill), certain provisions
specified in the federal REAL ID Act are incorporated into state law as of May 11,
2008 or as of the date specified in a notice from DOT stating that DOT is ready to
implement the federal REAL ID Act and providing the date of implementation,
whichever date is later. Among these provisions is the requirement that each
operator's license and identification card include a photograph.
This bill creates an identification certificate to be issued by DOT beginning at
the time that DOT implements the provisions of the federal REAL ID Act. A person
is eligible for an identification certificate if the person provides the same information
that an elector is required to provide in order to register to vote and signs a statement
affirming that the information is correct. Identification certificates must be the same
size as an operator's license but must be of a design that is readily distinguishable
from the design of operator's licenses and identification cards. Each identification
certificate must bear the words "IDENTIFICATION CERTIFICATE." As required
by the federal REAL ID Act, identification certificates must clearly state on their face
that they may not be accepted by any federal agency for federal identification or any
other official purpose and must use a unique design or color indicator to alert federal
agency and other law enforcement personnel that they may not be accepted for any
such purpose. Each identification certificate must include a color photograph unless
the identification certificate applicant provides an affidavit containing specified
information, including that the applicant has a sincerely held religious belief against
being photographed. An identification certificate is valid for eight years and the fee
for an identification certificate is $18 unless the applicant requests that the
identification certificate be issued without charge.
The bill treats an identification certificate similarly to an identification card for
some purposes and differently from an identification card for other purposes. The
security standards for issuance of an identification certificate are not as strict as the
standards applicable to an identification card after implementation of the federal
REAL ID Act. However, when used for purposes of voting, an identification
certificate has the same status as an identification card, as described above. Upon
implementation of the provisions of the federal REAL ID Act, DOT may no longer
issue an identification card without a photograph and a person may no longer obtain
an identification card from DOT free of charge.
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.
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:
AB947, s. 1
1Section
1. 5.35 (6) (a) 2. of the statutes is amended to read:
AB947,5,42
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).
AB947, s. 2
5Section 2
. 5.35 (6) (a) 4a. of the statutes is amended to read:
AB947,5,86
5.35
(6) (a) 4a. Instructions prescribed by the board for electors for whom
a
7license or identification card is required under s. 6.79 (2) or for whom proof of
8residence under s. 6.34 is required under s. 6.55 (2).
AB947, s. 3
9Section 3
. 5.35 (6) (a) 4a. of the statutes, as affected by 2009 Wisconsin Act ....
10(this act), is amended to read:
AB947,5,1311
5.35
(6) (a) 4a. Instructions prescribed by the board for electors for whom a
12license
or, identification card
, or identification certificate is required under s. 6.79 (2)
13or for whom proof of residence under s. 6.34 is required under s. 6.55 (2).
AB947, s. 4
14Section
4
. 6.15 (2) (bm) of the statutes is created to read:
AB947,6,7
16.15
(2) (bm) Except as authorized in s. 6.79 (7), when making application in
2person at the office of the municipal clerk, each applicant shall present a valid
3operator's license issued to the person under ch. 343, a valid, current identification
4card issued to the person by a U.S. uniformed service, or a valid identification card
5issued to the person under s. 343.50. If any document presented by the applicant is
6not proof of residence under s. 6.34, the applicant shall also present proof of residence
7under s. 6.34.
AB947, s. 5
8Section
5
. 6.15 (2) (bm) of the statutes, as created by 2009 Wisconsin Act ....
9(this act), is amended to read:
AB947,6,1710
6.15
(2) (bm) Except as authorized in s. 6.79 (7), when making application in
11person at the office of the municipal clerk, each applicant shall present a valid
12operator's license issued to the person under ch. 343, a valid, current identification
13card issued to the person by a U.S. uniformed service,
or a valid identification card
14issued to the person under s. 343.50
, or a valid identification certificate issued to the
15person under s. 343.505. If any document presented by the applicant is not proof of
16residence under s. 6.34, the applicant shall also present proof of residence under s.
176.34.
AB947, s. 6
18Section
6. 6.15 (2) (d) 1g. of the statutes is created to read:
AB947,6,2319
6.15
(2) (d) 1g. If the elector makes application in person at the office of the
20municipal clerk, the clerk shall verify that the name on the license or identification
21card provided by the elector under par. (bm) is the same as the name on the elector's
22application and shall verify that any photograph appearing on that document
23reasonably resembles the elector.
AB947, s. 7
24Section
7
. 6.15 (2) (d) 1g. of the statutes, as created by 2009 Wisconsin Act ....
25(this act), is amended to read:
AB947,7,5
16.15
(2) (d) 1g. If the elector makes application in person at the office of the
2municipal clerk, the clerk shall verify that the name on the license
or, identification
3card
, or identification certificate provided by the elector under par. (bm) is the same
4as the name on the elector's application and shall verify that any photograph
5appearing on that document reasonably resembles the elector.
AB947, s. 8
6Section
8. 6.15 (2) (d) 1r. of the statutes is amended to read:
AB947,7,177
6.15
(2) (d) 1r. Upon proper completion of the application and cancellation card,
8the municipal clerk shall
require the elector to provide proof of residence under s.
96.34. If the elector cannot provide proof of residence, the elector may have his or her
10residence corroborated in a statement that is signed by another elector of the
11municipality and that contains the current street address of the corroborating
12elector. If the residence is corroborated by another elector, that elector shall then
13provide proof of residence under s. 6.34 permit the elector to cast his or her ballot for
14president and vice president. The elector shall then mark the ballot in the clerk's
15presence in a manner that will not disclose his or her vote. The elector shall then fold
16the ballot so as to conceal his or her vote. The clerk or elector shall then place the
17ballot in an envelope furnished by the clerk.
AB947, s. 9
18Section
9. 6.15 (3) of the statutes is amended to read:
AB947,8,1119
6.15
(3) Procedure at polling place. An eligible elector may appear at the
20polling place for the ward or election district where he or she resides and make
21application for a ballot under sub. (2). Except as otherwise provided in this
22subsection, an elector who casts a ballot under this subsection shall follow the same
23procedure required for casting a ballot at the municipal clerk's office under sub. (2).
24The inspectors shall perform the duties of the municipal clerk, except that the
25inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk
1and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon
2proper completion of the application and cancellation card and
submittal of proof of
3residence under s. 6.34 or providing corroboration of residence
verification of the
4elector's license or identification card as provided in sub. (2) (d) 1g., the inspectors
5shall permit the elector to cast his or her ballot for president and vice president. The
6elector shall mark the ballot and, unless the ballot is utilized with an electronic
7voting system, the elector shall fold the ballot, and deposit the ballot into the ballot
8box or give it to the inspector. The inspector shall deposit it directly into the ballot
9box. Voting machines or ballots utilized with electronic voting systems may only be
10used by electors voting under this section if they permit voting for president and vice
11president only.
AB947, s. 10
12Section
10
. 6.15 (3) of the statutes, as affected by 2009 Wisconsin Act .... (this
13act), is amended to read:
AB947,9,514
6.15
(3) Procedure at polling place. An eligible elector may appear at the
15polling place for the ward or election district where he or she resides and make
16application for a ballot under sub. (2). Except as otherwise provided in this
17subsection, an elector who casts a ballot under this subsection shall follow the same
18procedure required for casting a ballot at the municipal clerk's office under sub. (2).
19The inspectors shall perform the duties of the municipal clerk, except that the
20inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk
21and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon
22proper completion of the application and cancellation card and verification of the
23elector's license
or, identification card
, or identification certificate as provided in sub.
24(2) (d) 1g., the inspectors shall permit the elector to cast his or her ballot for president
25and vice president. The elector shall mark the ballot and, unless the ballot is utilized
1with an electronic voting system, the elector shall fold the ballot, and deposit the
2ballot into the ballot box or give it to the inspector. The inspector shall deposit it
3directly into the ballot box. Voting machines or ballots utilized with electronic voting
4systems may only be used by electors voting under this section if they permit voting
5for president and vice president only.
AB947, s. 11
6Section
11. 6.29 (1) of the statutes is amended to read:
AB947,9,117
6.29
(1) No names may be added to a registration list for any election after the
8close of registration, except as authorized under this section or s. 6.55 (2) or 6.86 (3)
9(a) 2. Any person whose name is not on the registration list but who is otherwise a
10qualified elector is entitled to vote at the election upon compliance with this section
,
11if the person complies with all other requirements for voting at the polling place.
AB947, s. 12
12Section
12. 6.29 (2) (a) of the statutes is amended to read:
AB947,9,2513
6.29
(2) (a) Any qualified elector of a municipality who has not previously filed
14a registration form or whose name does not appear on the registration list of the
15municipality may register after the close of registration but not later than 5 p.m. or
16the close of business, whichever is later, on the day before an election at the office of
17the municipal clerk and at the office of the clerk's agent if the clerk delegates
18responsibility for electronic maintenance of the registration list to an agent under
19s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2),
20a registration form containing all information required under s. 6.33 (1). The
21registration form shall also contain the following certification: "I, ...., hereby certify
22that, to the best of my knowledge, I am a qualified elector, having resided at ... for
23at least 10 days immediately preceding this election, and I have not voted at this
24election". The elector shall also provide proof of residence under s. 6.34.
25Alternatively, if the elector is unable to provide proof of residence under s. 6.34, the
1information contained in the registration form shall be corroborated in a statement
2that is signed by any other elector of the municipality and that contains the current
3street address of the corroborating elector. The corroborating elector shall then
4provide proof of residence under s. 6.34. If the elector is registering after the close
5of registration for the general election and the elector presents a valid driver's license
6issued by another state, the municipal clerk or agent shall record on a separate list
7the name and address of the elector, the name of the state, and the license number
8and expiration date of the license.
AB947, s. 13
9Section
13. 6.33 (1) of the statutes is amended to read:
AB947,11,1310
6.33
(1) The board shall prescribe the format, size, and shape of registration
11forms. All forms shall be printed on cards and each item of information shall be of
12uniform font size, as prescribed by the board. The municipal clerk shall supply
13sufficient forms to meet voter registration needs. The forms shall be designed to
14obtain from each applicant information as to name; date; residence location;
15citizenship; date of birth; age; the number of a valid operator's license issued to the
16elector under ch. 343 or the last 4 digits of the elector's social security account
17number; whether the applicant has resided within the ward or election district for
18at least 10 days; whether the applicant has been convicted of a felony for which he
19or she has not been pardoned, and if so, whether the applicant is incarcerated, or on
20parole, probation, or extended supervision; whether the applicant is disqualified on
21any other ground from voting; and whether the applicant is currently registered to
22vote at any other location. The form shall include a space for the applicant's
23signature
and the signature of any corroborating elector. The form shall include a
24space to enter the name of any special registration deputy under s. 6.26 or 6.55 (6)
25or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form
1and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name,
2affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form.
3The form shall include a space for entry of the ward and aldermanic district, if any,
4where the elector resides and any other information required to determine the offices
5and referenda for which the elector is certified to vote. The form shall also include
6a space where the clerk may record an indication of whether the form is received by
7mail, a space where the clerk may record an indication of the type of identifying
8document submitted by the elector as proof of residence under s. 6.34, whenever
9required, and a space where the clerk, for any applicant who possesses a valid voting
10identification card issued to the person under s. 6.47 (3), may record the
11identification serial number appearing on the voting identification card. Each
12county clerk shall obtain sufficient registration forms for completion by an elector
13who desires to register to vote at the office of the county clerk under s. 6.28 (4).
AB947, s. 14
14Section
14. 6.33 (2) (b) of the statutes is amended to read:
AB947,11,1915
6.33
(2) (b) Except as provided in s. 6.86 (3) (a) 2., the registration form shall
16be signed by the registering elector
and any corroborating elector under s. 6.29 (2)
17(a) or 6.55 (2) before the clerk, issuing officer or registration deputy. The form shall
18contain a certification by the registering elector that all statements are true and
19correct.
AB947, s. 15
20Section
15. 6.34 (2) of the statutes is amended to read:
AB947,12,621
6.34
(2) Except as authorized in ss. 6.29 (2) (a) and 6.86 (3) (a) 2., upon Upon 22completion of a registration form prescribed under s. 6.33, each elector who is
23required to register under s. 6.27, who is not a military elector or an overseas elector
24and who registers after the close of registration under s. 6.29 or 6.86 (3) (a) 2., shall
25provide an identifying document that establishes proof of residence under sub. (3).
1Each elector who is required to register under s. 6.27 who is not a military elector or
2an overseas elector who registers by mail, and who has not voted in an election in this
3state shall, if voting in person, provide an identifying document that establishes
4proof of residence under sub. (3) or, if voting by absentee ballot, provide a copy of an
5identifying document that establishes proof of residence under sub. (3). If the elector
6registered by mail, the identifying document may not be a residential lease.
AB947, s. 16
7Section
16. 6.55 (2) (b) of the statutes is amended to read:
AB947,13,38
6.55
(2) (b) Upon executing the registration form under par. (a),
except as
9authorized under s. 6.79 (7), the elector shall
be required by a special registration
10deputy or inspector to present a valid operator's license issued to the elector under
11ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed
12service, or a valid identification card issued to the elector under s. 343.50. If any
13document presented is not proof of residence under s. 6.34, the elector shall also 14provide proof of residence under s. 6.34.
If the elector cannot provide proof of
15residence, the information contained in the registration form shall be corroborated
16in a statement that is signed by any elector who resides in the same municipality as
17the registering elector and that contains the current street address of the
18corroborating elector. The corroborator shall then provide proof of residence as
19provided in s. 6.34. If the elector is registering to vote in the general election and the
20elector presents a valid driver's license issued by another state, the inspector or
21deputy shall record on a separate list the name and address of the elector, the name
22of the state, and the license number and expiration date of the license. The signing
23by the elector executing the registration form and by any corroborator shall be in the
24presence of the special registration deputy or inspector who shall then print his or
25her name on and sign the form, indicating that the deputy or inspector has accepted
1the form. Upon compliance with this procedure, the elector shall be permitted to cast
2his or her vote, if the elector complies with all other requirements for voting at the
3polling place.
