LRB-0773/2
JTK&TNF:kmg:cph
2003 - 2004 LEGISLATURE
March 5, 2003 - Introduced by Representatives Stone, Freese, Kestell, Albers,
Kreibich, Gunderson, M. Lehman, J. Fitzgerald, Bies, Vrakas, Hines, Ladwig,
Hahn, Ott, Hundertmark, Gard, Owens, F. Lasee, Musser, Ainsworth
and
Pettis, cosponsored by Senators Leibham, Harsdorf, Stepp, S. Fitzgerald,
Reynolds
and Schultz. Referred to Committee on Campaigns and Elections.
AB111,1,12 1An Act to repeal 6.15 (3) (a) (title), 6.15 (3) (b) (title), 6.56 (5) and 20.395 (5) (cr);
2to renumber 6.79 (3); to renumber and amend 6.15 (3) (a) 1., 2. and 3., 6.15
3(3) (b) and 6.87 (4); to amend 5.40 (6), 6.15 (2) (title), 6.15 (2) (a) (intro.), 6.22
4(2) (b), 6.24 (4) (d), 6.29 (1), 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (c) 2., 6.55 (2) (d),
56.55 (3), 6.55 (7) (c) 1., 6.55 (7) (c) 2., 6.79 (1), 6.79 (2), 6.79 (3) (title), 6.79 (4),
66.79 (6) (a), 6.79 (6) (b), 6.82 (1) (a), 6.86 (1) (ar), 6.86 (3) (a), 6.87 (3) (d), 6.88
7(3) (a), 10.02 (3) (a), 343.50 (5) and 343.50 (6); to repeal and recreate 6.79 (6)
8(title); and to create 6.15 (2) (bm), 6.15 (2) (d) 1g., 6.15 (2) (e), 6.79 (3) (b), 6.869,
96.87 (4) (a), 6.97 and 20.395 (5) (cr) of the statutes; relating to: requiring
10identification in order to vote at a polling place or obtain an absentee ballot, the
11fee for an identification card issued by the Department of Transportation, and
12making an appropriation.
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 registration

is required in order to vote and the elector is not registered, the elector must provide
a specified form of proof of residence in order to register. If an elector claims to be
registered but his or her name does not appear on the appropriate registration list,
the elector must complete a certification of eligibility and present acceptable proof
of residence in order to vote. In addition, an elector may be required to provide
acceptable proof of residence even if registration is not required. 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 information.
With certain limited exceptions, this bill requires each elector 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 elector that
contains the elector's photograph or present a valid Wisconsin identification card
issued by DOT to the elector. Under the bill, this identification requirement also
applies to any elector who applies for an absentee ballot, except a military or overseas
elector, as defined by federal law. If the elector votes by absentee ballot, the elector
must provide a copy of a valid Wisconsin driver's license or a valid Wisconsin
identification card. If an elector who votes at a polling place fails to do so or fails to
provide sufficient identification, the elector may vote provisionally. If an elector
other than a military or overseas elector, as defined by federal law, votes by absentee
ballot and fails to provide the required identification or sufficient identification, 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 elector may then provide the required identification to the clerk
or board. If the elector does not provide the required identification to the clerk or
board of election commissioners by 4. p.m. or the close of business, whichever is later,
on the day following the election, the elector's vote is not counted.
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.
In addition, the bill deletes the authority for an elector to utilize corroboration
in order to register to vote or to vote on election day.
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:
AB111, s. 1 1Section 1. 5.40 (6) of the statutes is amended to read:
AB111,2,42 5.40 (6) A municipality which utilizes voting machines or an electronic voting
3system at a polling place may permit use of the machines or system by electors voting
4under s. 6.15 only as authorized under s. 6.15 (3) (b).
AB111, s. 2
1Section 2. 6.15 (2) (title) of the statutes is amended to read:
AB111,3,22 6.15 (2) (title) Application for ballot Procedure at clerk's office.
AB111, s. 3 3Section 3. 6.15 (2) (a) (intro.) of the statutes is amended to read:
AB111,3,134 6.15 (2) (a) (intro.) The elector's request for the application form may be made
5to the proper municipal clerk either in person or in writing any time during the
610-day period in which the elector's residence requirement is incomplete, but not
7later than the applicable deadline for making application for an absentee ballot
.
8Except as provided in par. (e), application may be made not sooner than 9 days nor
9later than 5 p.m. on the day before the election
, or may be made at the proper polling
10place in for the ward or election district in which the elector resides. The application
11form shall be returned to the municipal clerk after the affidavit has been signed in
12the presence of the clerk or any officer authorized by law to administer oaths. The
13affidavit shall be in substantially the following form:
AB111, s. 4 14Section 4. 6.15 (2) (bm) of the statutes is created to read:
AB111,3,1815 6.15 (2) (bm) When making application in person at the office of the municipal
16clerk, each applicant shall present a valid operator's license issued to the person
17under ch. 343 that contains a photograph of the license holder or present a valid
18identification card issued to the person under s. 343.50.
AB111, s. 5 19Section 5. 6.15 (2) (d) 1g. of the statutes is created to read:
AB111,3,2420 6.15 (2) (d) 1g. If the elector makes application in person at the office of the
21municipal clerk, the clerk shall verify that the name on the identification provided
22by the elector under par. (bm) is the same as the name on the elector's application
23and shall verify that the photograph contained in the identification reasonably
24resembles the elector.
AB111, s. 6 25Section 6. 6.15 (2) (e) of the statutes is created to read:
AB111,4,6
16.15 (2) (e) If the elector makes application in writing but does not appear in
2person, and the clerk receives a properly completed application and cancellation card
3from the elector, the clerk shall provide the elector with a ballot. If the ballot is to be
4mailed, the application must be received no later than 5 p.m. on the Friday before
5the election. In order to be counted, the ballot must be received by the municipal
6clerk no later than 5 p.m. on the day before the election.
AB111, s. 7 7Section 7. 6.15 (3) (a) (title) of the statutes is repealed.
AB111, s. 8 8Section 8. 6.15 (3) (a) 1., 2. and 3. of the statutes are renumbered 6.15 (2) (d)
91r., 2. and 3., and 6.15 (2) (d) 1r., as renumbered, is amended to read:
AB111,4,2010 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card,
11and compliance with subd. 1g., the municipal clerk shall inform the elector that he
12or she may vote for the presidential electors not sooner than 9 days nor later than
135 p.m. on the day before the election at the office of the municipal clerk, or at a
14specified polling place on election day. When voting at the municipal clerk's office,
15the applicant shall provide identification and
permit the elector to cast his or her
16ballot for president and vice president. The elector
shall then mark the ballot in the
17clerk's presence in a manner that will not disclose his or her vote. Unless the ballot
18is utilized with an electronic voting system, the applicant elector shall fold the ballot
19so as to conceal his or her vote. The applicant elector shall then deposit the ballot
20and seal it in an envelope furnished by the clerk.
AB111, s. 9 21Section 9. 6.15 (3) (b) (title) of the statutes is repealed.
AB111, s. 10 22Section 10. 6.15 (3) (b) of the statutes is renumbered 6.15 (3) and amended to
23read:
AB111,5,1624 6.15 (3) Voting procedure Procedure at polling place. An eligible elector
25may appear at the polling place for the ward or election district where he or she

1resides and make application for a ballot under sub. (2). In such case, the inspector
2or special registration deputy
Except as otherwise provided in this subsection, an
3elector who casts a ballot under this subsection shall follow the same procedure
4required for casting a ballot at the municipal clerk's office under sub. (2). The
5inspectors
shall perform the duties of the municipal clerk. The elector shall provide
6identification. If the elector is qualified, he or she shall be permitted to vote
, except
7that the inspectors shall return the cancellation card under sub. (2) (b) to the
8municipal clerk and the clerk shall forward the card as provided under sub. (2) (c)
9if required. Upon proper completion of the application and cancellation card and
10compliance with sub. (2) (d) 1g., the inspectors shall permit the elector to cast his or
11her ballot for president and vice president
. The elector shall then mark the ballot
12and, unless the ballot is utilized with an electronic voting system, the elector shall
13fold the ballot, and shall deposit the ballot into the ballot box or give it to the
14inspector. The inspector shall deposit it directly into the ballot box. Voting machines
15or ballots utilized with electronic voting systems may only be used by electors voting
16under this section if they permit voting for president and vice president only.
AB111, s. 11 17Section 11. 6.22 (2) (b) of the statutes is amended to read:
AB111,5,2018 6.22 (2) (b) Notwithstanding s. 6.87 (4) (b), a military elector shall make and
19subscribe to the certification under s. 6.87 (2) before a witness who is an adult U.S.
20citizen.
AB111, s. 12 21Section 12. 6.24 (4) (d) of the statutes is amended to read:
AB111,6,422 6.24 (4) (d) An overseas elector who is not registered may request both a
23registration form and an absentee ballot at the same time, and the municipal clerk
24shall send the ballot automatically if the registration form is received within the time
25prescribed in s. 6.28 (1). The board shall prescribe a special certificate form for the

1envelope in which the absentee ballot for overseas electors is contained, which shall
2be substantially similar to that provided under s. 6.87 (2). Notwithstanding s. 6.87
3(4) (b), an overseas elector shall make and subscribe to the special certificate form
4before a witness who is an adult U.S. citizen.
AB111, s. 13 5Section 13. 6.29 (1) of the statutes is amended to read:
AB111,6,116 6.29 (1) No names may be added to a registration list for any election after the
7close of registration, except as authorized under this section or s. 6.28 (1), 6.55 (2),
8or 6.86 (3) (a) 2. Any person whose name is not on the registration list but who is
9otherwise a qualified elector is entitled to vote at the election upon compliance with
10this section, if the person complies with all other requirements for voting at the
11polling place
.
AB111, s. 14 12Section 14. 6.55 (2) (b) of the statutes is amended to read:
AB111,7,213 6.55 (2) (b) Upon executing the registration form under par. (a), the person
14shall be required by a special registration deputy or inspector to present a valid
15operator's license issued to the person under ch. 343 that contains the photograph
16of the license holder or a valid identification card issued to the person under s. 343.50.
17If the identification presented is not acceptable proof of residence under sub. (7), the
18person shall also present
acceptable proof of residence under sub. (7). If the person
19cannot supply such proof, the registration form shall be substantiated and signed by
20one other elector who resides in the same municipality as the registering elector,
21corroborating all the material statements therein. The corroborator shall then
22provide acceptable proof of residence.
The signing by the elector executing the
23registration form and by any elector who corroborates the information in the form
24under par. (a) shall be in the presence of the special registration deputy or inspector.

1Upon compliance with this procedure and all other requirements for voting at the
2polling place
, such person shall then be given the right to vote.
AB111, s. 15 3Section 15. 6.55 (2) (c) 1. of the statutes is amended to read:
AB111,8,24 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 in which registration is required may by resolution require a person
7who qualifies as an elector and who is not registered and desires to register on the
8day of an election to do so at another readily accessible location in the same building
9as the polling place serving the elector's residence or at an alternate polling place
10assigned under s. 5.25 (5) (b), instead of at the polling place serving the elector's
11residence. In such case, the municipal clerk shall prominently post a notice of the
12registration location at the polling place. The municipal clerk, deputy clerk, or
13special registration deputy at the registration location shall require such person to
14execute a registration form as prescribed under par. (a) and to present a valid
15operator's license issued to the person under ch. 343 that contains the photograph
16of the license holder or a valid identification card issued to the person under s. 343.50.
17If the identification presented is not acceptable proof of residence under sub. (7), the
18person shall also
provide acceptable proof of residence as provided under sub. (7).
19If the person cannot supply such proof, the registration form shall be corroborated
20in the manner provided in par. (b).
The signing by the elector executing the
21registration form and by any corroborating elector as prescribed under par. (a) shall
22be in the presence of the municipal clerk, deputy clerk, or special registration deputy.
23Upon proper completion of registration, the municipal clerk, deputy clerk, or special
24registration deputy shall serially number the registration and give one copy to the

1elector for presentation at the polling place serving the elector's residence or an
2alternate polling place assigned under s. 5.25 (5) (b).
AB111, s. 16 3Section 16. 6.55 (2) (c) 2. of the statutes is amended to read:
AB111,8,114 6.55 (2) (c) 2. Upon compliance with the procedures under subd. 1., the
5municipal clerk or deputy clerk shall issue a certificate addressed to the inspectors
6of the proper polling place directing that the elector be permitted to cast his or her
7vote. If the elector's registration is corroborated, the clerk shall enter the name and
8address of the corroborator on the face of the certificate
if the elector complies with
9all requirements for voting at the polling place
. The certificate shall be numbered
10serially and prepared in duplicate. The municipal clerk shall preserve one copy in his
11or her office.
AB111, s. 17 12Section 17. 6.55 (2) (d) of the statutes is amended to read:
AB111,8,1913 6.55 (2) (d) A registered elector who has changed his or her name but resides
14at the same address, and has not notified the municipal clerk under s. 6.40 (1) (c),
15shall notify the inspector of the change before voting. The inspector shall then notify
16the municipal clerk at the time which materials are returned under s. 6.56 (1). If an
17elector changes has changed both a name and address, the elector shall complete a
18registration form
register at the polling place or other registration location under
19pars. (a) and (b).
AB111, s. 18 20Section 18. 6.55 (3) of the statutes is amended to read:
AB111,9,2121 6.55 (3) Any qualified elector in the ward or election district where the elector
22desires to vote whose name does not appear on the registration list where
23registration is required but who claims to be registered to vote in the election may
24request permission to vote at the polling place for that ward or election district.
25When the request is made, the inspector shall require the person to give his or her

1name and address. If the elector is not at the polling place which serves the ward or
2election district where the elector resides, the inspector shall provide the elector with
3directions to the correct polling place. If the elector is at the correct polling place, the
4elector shall then execute the following written statement: "I, ...., hereby certify that
5to the best of my knowledge, I am a qualified elector, having resided at .... for at least
610 days immediately preceding this election, and that I am not disqualified on any
7ground from voting, and I have not voted at this election and am properly registered
8to vote in this election." The person shall be required to provide present a valid
9operator's license issued to the person under ch. 343 that contains a photograph of
10the license holder or present a valid identification card issued to the person under
11s. 343.50. If any identification presented by the person is not
acceptable proof of
12residence as provided under sub. (7), the person shall also present acceptable proof
13of residence as provided under sub. (7)
and shall then be given the right to vote. If
14acceptable proof is presented, the elector need not have the information corroborated
15by any other elector. If acceptable proof is not presented, the statement shall be
16certified by the elector and shall be corroborated by another elector who resides in
17the municipality. The corroborator shall then provide acceptable proof of residence
18as provided in sub. (7).
Whenever the question of identity or residence cannot be
19satisfactorily resolved and the elector cannot be permitted to vote, an inspector shall
20telephone the office of the municipal clerk to reconcile the records at the polling place
21with those at the office.
AB111, s. 19 22Section 19. 6.55 (7) (c) 1. of the statutes is amended to read:
AB111,9,2423 6.55 (7) (c) 1. A Wisconsin motor vehicle An operator's license issued under ch.
24343
.
AB111, s. 20 25Section 20. 6.55 (7) (c) 2. of the statutes is amended to read:
AB111,10,2
16.55 (7) (c) 2. A Wisconsin An identification card issued under s. 125.08, 1987
2stats.
343.50.
AB111, s. 21 3Section 21. 6.56 (5) of the statutes is repealed.
AB111, s. 22 4Section 22. 6.79 (1) of the statutes is amended to read:
AB111,11,35 6.79 (1) Municipalities without registration. Except as provided in sub. (6)
6(a), where there is no registration, before being permitted to vote, each person elector
7shall state his or her full name and address and present to the officials a valid
8operator's license issued to the elector under ch. 343 that contains a photograph of
9the license holder or present a valid identification card issued to the elector under
10s. 343.50
. The officials shall enter each name and address on a poll list in the same
11order as the votes are cast. If the residence of the elector does not have a number,
12the election officials shall, in the appropriate space, enter "none". Alternatively, the
13municipal clerk may maintain a poll list consisting of the full name and address of
14electors compiled from previous elections. Whenever an elector appears to vote, the
15officials shall verify the correctness of the elector's name and address, and shall enter
16a serial number next to the name of the elector in the order that the votes are cast,
17beginning with the number one. If the name and address of an elector do not appear
18on the prepared poll list, the officials shall enter the name, address and serial
19number of the elector at the bottom of the list. Except as provided in sub. (6), before
20being permitted to vote, each elector shall present to the officials a valid operator's
21license issued to the elector under ch. 343 that contains a photograph of the license
22holder or present a valid identification card issued to the elector under s. 343.50.
The
23officials may require any elector to provide identification, including acceptable proof
24of residence, or to have another elector corroborate his or her information in
25accordance with the procedure specified in s. 6.55 (2) (b)
under s. 6.55 (7) before

1permitting the elector to vote. An elector who presents an identification card under
2sub. (6) (a) is not required to provide separate identification.
The officials shall
3maintain a separate list of those persons voting under ss. 6.15 and 6.24.
AB111, s. 23 4Section 23. 6.79 (2) of the statutes is amended to read:
AB111,11,165 6.79 (2) Municipalities with registration. Except as provided in sub. (6) (b),
6where there is registration, each person elector, before receiving a voting number,
7shall state his or her full name and address and present to the officials a valid
8operator's license issued to the elector under ch. 343 that contains a photograph of
9the license holder or present a valid identification card issued to the elector under
10s. 343.50
. Upon the prepared registration list, after the name of each elector, the
11officials shall enter the serial number of the vote as it is polled, beginning with
12number one. Each elector shall receive a slip bearing the same serial number. A
13separate list shall be maintained for electors who are voting under s. 6.15, 6.29 or
146.55 (2) or (3) and electors who are reassigned from another polling place under s.
155.25 (5) (b). Each such elector shall have his or her full name, address and serial
16number likewise entered and shall be given a slip bearing such number.
AB111, s. 24 17Section 24. 6.79 (3) (title) of the statutes is amended to read:
AB111,11,1918 6.79 (3) (title) Refusal to give name and address and failure to present
19identification
.
AB111, s. 25 20Section 25. 6.79 (3) of the statutes is renumbered 6.79 (3) (a).
AB111, s. 26 21Section 26. 6.79 (3) (b) of the statutes is created to read:
AB111,11,2422 6.79 (3) (b) If identification is not provided or if the document that is provided
23cannot be verified by the officials, the officials shall offer the opportunity for the
24elector to vote under s. 6.97.
AB111, s. 27 25Section 27. 6.79 (4) of the statutes is amended to read:
AB111,12,13
16.79 (4) Supplemental information. When any elector provides identification
2under sub. (1) or s. 6.15, 6.29 or 6.55 (2) or (3), the election officials shall enter the
3type of identification on the poll or registration list, or supplemental list maintained
4under sub. (2). If the form of identification includes a number which applies only to
5the individual holding that piece of identification, the election officials shall also
6enter that number on the list. When any elector corroborates the registration
7identity or residence of any person offering to vote under sub. (1) or s. 6.55 (2) (b) or
8(c) or (3), or the registration identity or residence of any person registering on election
9day under s. 6.86 (3) (a) 2., the name and address of the corroborator shall also be
10entered next to the name of the elector whose information is being corroborated on
11the registration or poll list, or the separate list maintained under sub. (2).
When any
12person offering to vote has been challenged and taken the oath, following the person's
13name on the registration or poll list, the officials shall enter the word "Sworn".
AB111, s. 28 14Section 28. 6.79 (6) (title) of the statutes is repealed and recreated to read:
AB111,12,1515 6.79 (6) (title) Exceptions regarding identification.
AB111, s. 29 16Section 29. 6.79 (6) (a) of the statutes is amended to read:
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