LRB-1074/1
JTK:cjs:ph
2009 - 2010 LEGISLATURE
May 7, 2009 - Introduced by Senators Leibham, Lazich, Carpenter, Darling,
Grothman, Harsdorf, Hopper, Kanavas, Kedzie, A. Lasee, Olsen, Plale,
Schultz and Sullivan, cosponsored by Representatives Stone, Vukmir, Bies,
Brooks, Davis, Gundrum, Honadel, Huebsch, Kaufert, Kerkman, Kestell,
Kramer, LeMahieu, Lothian, Meyer, Montgomery, Murtha, Nass, A. Ott, J.
Ott, Petersen, Pridemore, Spanbauer, Strachota, Suder, Tauchen,
Townsend, Van Roy, Vos and Zipperer. Referred to Committee on Labor,
Elections and Urban Affairs.
SB199,2,4
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., 6.15 (2) (d) 1r., 6.15 (3), 6.29 (1), 6.29 (2) (a), 6.33 (1), 6.33 (2) (b), 6.34
4(2), 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (c) 2., 6.79 (2) (a) and (d), 6.79 (3) (title),
56.79 (4), 6.79 (6), 6.82 (1) (a), 6.86 (1) (ac), 6.86 (1) (ar), 6.86 (3) (a) 1., 6.86 (3)
6(a) 2., 6.869, 6.87 (3) (d), 6.875 (title), 6.875 (2) (a), 6.875 (3) and (4), 6.875 (6)
7(a), (b) and (c), 6.875 (6) (e), 6.875 (7), 6.88 (3) (a), 6.97 (title), (1) and (2), 6.97
8(4), 7.08 (8) (title), 7.52 (3) (a), 10.02 (3) (form) (a), 12.03 (2) (a) 3., 12.13 (2) (b)
96m., 343.50 (3), 343.50 (4), 343.50 (5), 343.50 (5m) and 343.50 (6);
to repeal and
10recreate 343.50 (3), 343.50 (4), 343.50 (5) and 343.50 (6); and
to create 6.15
11(2) (bm), 6.15 (2) (d) 1g., 6.79 (3) (b), 6.79 (7), 6.87 (4) (a), 6.87 (4) (b) 2. to 5., 6.875
12(1) (ap) and (asm), 6.875 (2) (d), 6.965, 6.97 (3) (a) and (c) and 343.50 (4g) of the
13statutes;
relating to: requiring certain identification in order to vote at a
1polling place or obtain an absentee ballot, verification of the addresses of
2electors, absentee voting procedure in certain residential care apartment
3complexes and adult family homes, and the fee for an identification card issued
4by 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 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 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 by mail, 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 who 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, until DOT completes
implementation of the federal REAL ID Act, an applicant to receive a Wisconsin
identification card without a photograph being taken, 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.
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:
SB199, s. 1
1Section
1. 5.35 (6) (a) 2. of the statutes is amended to read:
SB199,4,42
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).
SB199, s. 2
5Section 2. 5.35 (6) (a) 4a. of the statutes is amended to read:
SB199,4,86
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).
SB199, s. 3
9Section
3. 6.15 (2) (bm) of the statutes is created to read:
SB199,4,1610
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. If any document presented by the applicant is
15not proof of residence under s. 6.34, the applicant shall also present proof of residence
16under s. 6.34.
SB199, s. 4
17Section
4. 6.15 (2) (d) 1g. of the statutes is created to read:
SB199,4,2218
6.15
(2) (d) 1g. If the elector makes application in person at the office of the
19municipal clerk, the clerk shall verify that the name on the license or identification
20card provided by the elector under par. (bm) is the same as the name on the elector's
21application and shall verify that any photograph appearing on that document
22reasonably resembles the elector.
SB199, s. 5
23Section
5. 6.15 (2) (d) 1r. of the statutes is amended to read:
SB199,5,924
6.15
(2) (d) 1r. Upon proper completion of the application and cancellation card,
25the municipal clerk shall
require the elector to provide proof of residence under s.
16.34. If the elector cannot provide proof of residence, the elector may have his or her
2residence corroborated in a statement that is signed by another elector of the
3municipality and that contains the current street address of the corroborating
4elector. If the residence is corroborated by another elector, that elector shall then
5provide proof of residence under s. 6.34 permit the elector to cast his or her ballot for
6president and vice president. The elector shall then mark the ballot in the clerk's
7presence in a manner that will not disclose his or her vote. The elector shall then fold
8the ballot so as to conceal his or her vote. The clerk or elector shall then place the
9ballot in an envelope furnished by the clerk.
SB199, s. 6
10Section
6. 6.15 (3) of the statutes is amended to read:
SB199,6,311
6.15
(3) Procedure at polling place. An eligible elector may appear at the
12polling place for the ward or election district where he or she resides and make
13application for a ballot under sub. (2). Except as otherwise provided in this
14subsection, an elector who casts a ballot under this subsection shall follow the same
15procedure required for casting a ballot at the municipal clerk's office under sub. (2).
16The inspectors shall perform the duties of the municipal clerk, except that the
17inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk
18and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon
19proper completion of the application and cancellation card and
submittal of proof of
20residence under s. 6.34 or providing corroboration of residence
verification of the
21elector's license or identification card as provided in sub. (2) (d) 1g., the inspectors
22shall permit the elector to cast his or her ballot for president and vice president. The
23elector shall mark the ballot and, unless the ballot is utilized with an electronic
24voting system, the elector shall fold the ballot, and deposit the ballot into the ballot
25box or give it to the inspector. The inspector shall deposit it directly into the ballot
1box. Voting machines or ballots utilized with electronic voting systems may only be
2used by electors voting under this section if they permit voting for president and vice
3president only.
SB199, s. 7
4Section
7. 6.29 (1) of the statutes is amended to read:
SB199,6,95
6.29
(1) No names may be added to a registration list for any election after the
6close of registration, except as authorized under this section or s. 6.55 (2) or 6.86 (3)
7(a) 2. Any person whose name is not on the registration list but who is otherwise a
8qualified elector is entitled to vote at the election upon compliance with this section
,
9if the person complies with all other requirements for voting at the polling place.
SB199, s. 8
10Section
8. 6.29 (2) (a) of the statutes is amended to read:
SB199,7,611
6.29
(2) (a) Any qualified elector of a municipality who has not previously filed
12a registration form or whose name does not appear on the registration list of the
13municipality may register after the close of registration but not later than 5 p.m. or
14the close of business, whichever is later, on the day before an election at the office of
15the municipal clerk and at the office of the clerk's agent if the clerk delegates
16responsibility for electronic maintenance of the registration list to an agent under
17s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2),
18a registration form containing all information required under s. 6.33 (1). The
19registration form shall also contain the following certification: "I, ...., hereby certify
20that, to the best of my knowledge, I am a qualified elector, having resided at ... for
21at least 10 days immediately preceding this election, and I have not voted at this
22election". The elector shall also provide proof of residence under s. 6.34.
23Alternatively, if the elector is unable to provide proof of residence under s. 6.34, the
24information contained in the registration form shall be corroborated in a statement
25that is signed by any other elector of the municipality and that contains the current
1street address of the corroborating elector. The corroborating elector shall then
2provide proof of residence under s. 6.34. If the elector is registering after the close
3of registration for the general election and the elector presents a valid driver's license
4issued by another state, the municipal clerk or agent shall record on a separate list
5the name and address of the elector, the name of the state, and the license number
6and expiration date of the license.
SB199, s. 9
7Section
9. 6.33 (1) of the statutes is amended to read:
SB199,8,118
6.33
(1) The board shall prescribe the format, size, and shape of registration
9forms. All forms shall be printed on cards and each item of information shall be of
10uniform font size, as prescribed by the board. The municipal clerk shall supply
11sufficient forms to meet voter registration needs. The forms shall be designed to
12obtain from each applicant information as to name; date; residence location;
13citizenship; date of birth; age; the number of a valid operator's license issued to the
14elector under ch. 343 or the last 4 digits of the elector's social security account
15number; whether the applicant has resided within the ward or election district for
16at least 10 days; whether the applicant has been convicted of a felony for which he
17or she has not been pardoned, and if so, whether the applicant is incarcerated, or on
18parole, probation, or extended supervision; whether the applicant is disqualified on
19any other ground from voting; and whether the applicant is currently registered to
20vote at any other location. The form shall include a space for the applicant's
21signature
and the signature of any corroborating elector. The form shall include a
22space to enter the name of any special registration deputy under s. 6.26 or 6.55 (6)
23or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form
24and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name,
25affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form.
1The form shall include a space for entry of the ward and aldermanic district, if any,
2where the elector resides and any other information required to determine the offices
3and referenda for which the elector is certified to vote. The form shall also include
4a space where the clerk may record an indication of whether the form is received by
5mail, a space where the clerk may record an indication of the type of identifying
6document submitted by the elector as proof of residence under s. 6.34, whenever
7required, and a space where the clerk, for any applicant who possesses a valid voting
8identification card issued to the person under s. 6.47 (3), may record the
9identification serial number appearing on the voting identification card. Each
10county clerk shall obtain sufficient registration forms for completion by an elector
11who desires to register to vote at the office of the county clerk under s. 6.28 (4).
SB199, s. 10
12Section
10. 6.33 (2) (b) of the statutes is amended to read:
SB199,8,1713
6.33
(2) (b) Except as provided in s. 6.86 (3) (a) 2., the registration form shall
14be signed by the registering elector
and any corroborating elector under s. 6.29 (2)
15(a) or 6.55 (2) before the clerk, issuing officer or registration deputy. The form shall
16contain a certification by the registering elector that all statements are true and
17correct.
SB199, s. 11
18Section
11. 6.34 (2) of the statutes is amended to read:
SB199,9,419
6.34
(2) Except as authorized in ss. 6.29 (2) (a) and 6.86 (3) (a) 2., upon Upon 20completion of a registration form prescribed under s. 6.33, each elector who is
21required to register under s. 6.27, who is not a military elector or an overseas elector
22and who registers after the close of registration under s. 6.29 or 6.86 (3) (a) 2., shall
23provide an identifying document that establishes proof of residence under sub. (3).
24Each elector who is required to register under s. 6.27 who is not a military elector or
25an overseas elector who registers by mail, and who has not voted in an election in this
1state shall, if voting in person, provide an identifying document that establishes
2proof of residence under sub. (3) or, if voting by absentee ballot, provide a copy of an
3identifying document that establishes proof of residence under sub. (3). If the elector
4registered by mail, the identifying document may not be a residential lease.
SB199, s. 12
5Section
12. 6.55 (2) (b) of the statutes is amended to read:
SB199,9,246
6.55
(2) (b) Upon executing the registration form under par. (a),
except as
7authorized under s. 6.79 (7), the elector shall
be required by a special registration
8deputy or inspector to present a valid operator's license issued to the elector under
9ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed
10service, or a valid identification card issued to the elector under s. 343.50. If any
11document presented is not proof of residence under s. 6.34, the elector shall also 12provide proof of residence under s. 6.34.
If the elector cannot provide proof of
13residence, the information contained in the registration form shall be corroborated
14in a statement that is signed by any elector who resides in the same municipality as
15the registering elector and that contains the current street address of the
16corroborating elector. The corroborator shall then provide proof of residence as
17provided in s. 6.34. If the elector is registering to vote in the general election and the
18elector presents a valid driver's license issued by another state, the inspector or
19deputy shall record on a separate list the name and address of the elector, the name
20of the state, and the license number and expiration date of the license. The signing
21by the elector executing the registration form and by any corroborator shall be in the
22presence of the special registration deputy or inspector who shall then print his or
23her name on and sign the form, indicating that the deputy or inspector has accepted
24the form. Upon compliance with this procedure, the elector shall be permitted to cast
1his or her vote, if the elector complies with all other requirements for voting at the
2polling place.
SB199, s. 13
3Section
13. 6.55 (2) (c) 1. of the statutes is amended to read:
SB199,11,84
6.55
(2) (c) 1. As an alternative to registration at the polling place under pars.
5(a) and (b), the board of election commissioners, or the governing body of any
6municipality may by resolution require a person who qualifies as an elector and who
7is not registered and desires to register on the day of an election to do so at another
8readily accessible location in the same building as the polling place serving the
9elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b),
10instead of at the polling place serving the elector's residence. In such case, the
11municipal clerk shall prominently post a notice of the registration location at the
12polling place. The elector who desires to register shall execute a registration form
13as prescribed under par. (a) and
, except as authorized in s. 6.79 (7), present a valid
14operator's license issued to the person under ch. 343, a valid, current identification
15card issued to the person by a U.S. uniformed service, or a valid identification card
16issued to the person under s. 343.50. If any document presented by the person is not
17acceptable proof of residence under s. 6.34, the person shall also provide proof of
18residence as provided under s. 6.34.
If the elector cannot provide proof of residence,
19the information contained in the registration form shall be corroborated in the
20manner provided in par. (b). If
the elector
a person is registering to vote in the general
21election and the
elector person presents a valid driver's license issued by another
22state, the municipal clerk, deputy clerk, or special registration deputy shall record
23on a separate list the name and address of the
elector
person, the name of the state,
24and the license number and expiration date of the license. The signing by the
elector 25person executing the registration form
and by any corroborator, except as provided
1under par. (a), shall be in the presence of the municipal clerk, deputy clerk or special
2registration deputy. The municipal clerk, the deputy clerk, or the special registration
3deputy shall then print his or her name and sign the form, indicating that the clerk,
4deputy clerk, or deputy has accepted the form. Upon proper completion of
5registration, the municipal clerk, deputy clerk or special registration deputy shall
6serially number the registration and give one copy to the
elector person for
7presentation at the polling place serving the
elector's person's residence or an
8alternate polling place assigned under s. 5.25 (5) (b).
SB199, s. 14
9Section
14. 6.55 (2) (c) 2. of the statutes is amended to read:
SB199,11,1810
6.55
(2) (c) 2. Upon compliance with the procedures under subd. 1., the
11municipal clerk or deputy clerk shall issue a certificate addressed to the inspectors
12of the proper polling place directing that the elector be permitted to cast his or her
13vote if the elector complies with all requirements for voting at the polling place. The
14clerk shall enter the name and address of the elector on the face of the certificate.
15If the elector's registration is corroborated, the clerk shall also enter the name and
16address of the corroborator on the face of the certificate. The certificate shall be
17numbered serially and prepared in duplicate. The municipal clerk shall preserve one
18copy in his or her office.
SB199, s. 15
19Section
15. 6.56 (5) of the statutes is repealed.
SB199, s. 16
20Section
16. 6.79 (2) (a) and (d) of the statutes are amended to read:
SB199,12,521
6.79
(2) (a) Unless information on the poll list is entered electronically, the
22municipal clerk shall supply the inspectors with 2 copies of the most current official
23registration list or lists prepared under s. 6.36 (2) (a) for use as poll lists at the polling
24place. Except as provided in
sub. subs. (6)
and (7), each
person elector, before
25receiving a serial number, shall state his or her full name and address
and present
1to the officials a valid operator's license issued to the elector under ch. 343, a valid,
2current identification card issued to the elector by a U.S. uniformed service, or a valid
3identification card issued to the elector under s. 343.50. The officials shall verify that
4the name and address
provided stated by the
person elector are the same as the
5person's elector's name and address on the poll list.
SB199,12,146
(d) If the poll list indicates that proof of residence under s. 6.34 is required
and
7the document provided by the elector under par. (a) does not constitute proof of
8residence under s. 6.34, the officials shall require the elector to provide proof of
9residence. If proof of residence is provided, the officials shall verify that the name
10and address on the document submitted as proof of residence provided is the same
11as the name and address shown on the registration list. If proof of residence is
12required and not provided,
or if the elector does not present a license or identification
13card under par. (a), whenever required, the officials shall offer the opportunity for
14the elector to vote under s. 6.97.
SB199, s. 17
15Section
17. 6.79 (3) (title) of the statutes is amended to read:
SB199,12,1716
6.79
(3) (title)
Refusal to give name and address provide name, address,
17license, or identification card.
SB199, s. 18
18Section
18. 6.79 (3) of the statutes is renumbered 6.79 (3) (a).
