Issuance of operator's licenses and identification cards
This substitute amendment 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
is a U.S. citizen who will be at least 18 years of age on the date of the next election
and the elector requests that the card be provided without charge for purposes of
Under 2007 Wisconsin Act 20
(the biennial budget act), certain provisions
specified in the federal REAL ID Act are incorporated into state law when DOT
provides notice that it is ready to implement the federal REAL ID Act. Among these
provisions is the requirement that DOT follow certain procedures in processing
applications for driver's licenses and identification cards and that each driver's
license and identification card include a photograph.
This substitute amendment allows DOT, upon the implementation of the
federal REAL ID Act in Wisconsin, to process applications for driver's licenses and
identification cards in a manner other than that required by REAL ID if the driver's
licenses and identification cards are marked to indicate that they are not REAL ID
compliant and DOT processes the applications in compliance with DOT practices and
procedures applicable immediately prior to implementation of REAL ID. An
applicant for a REAL ID noncompliant driver's license or identification card will still
be required to provide to DOT: 1) an identification document that includes either the
applicant's photograph or both the applicant's full legal name and date of birth; 2)
documentation showing the applicant's date of birth, which may be the same as item
1); 3) proof of the applicant's social security number or verification that the applicant
is not eligible for a social security number; 4) documentation showing the applicant's
name and address of principal residence; and 5) documentary proof that the
applicant is a U.S. citizen or is otherwise lawfully present in the United States.
However, in processing an application for a REAL ID noncompliant driver's license
or identification card, DOT is not required to meet the standards for document
retention and verification that are imposed for REAL ID compliant products.
Current law provides for limited exceptions allowing DOT to issue a driver's
license that does not contain a photograph of the license holder, including, by DOT
rule, a religious belief exception. There are no similar photograph exceptions under
current law for identification cards. Under current law, after the implementation of
REAL ID, all REAL ID compliant driver's licenses and identification cards must
contain a photograph.
Under this substitute amendment, until the implementation of the federal
REAL ID Act, the photograph exception for driver's licenses continues and a new
religious belief photograph exception is created for identification cards. After the
implementation of REAL ID, this substitute amendment creates a religious belief
photograph exception for REAL ID noncompliant driver's licenses and identification
Absentee voting in residential care apartment complexes and adult family
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
substitute amendment 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.
Currently, with limited exceptions, an elector must be registered in order to
vote in an election in this state. In order to register, an elector must provide certain
information on a registration form and affirm the correctness of the information with
his or her signature. If an elector is unable, due to physical disability, to sign his or
her registration form, the elector may have another person sign on his or her behalf.
An elector who has not previously registered may register at the polling place serving
his or her residence on election day. Currently, when appearing to vote, an elector
must provide his or her name and address to the election officials and in some cases
must also provide proof of residence. Currently, an absentee elector may vote by mail
or at the office of the municipal clerk of the municipality where he or she resides. The
names of registered electors are checked against a poll list consisting of the names
of registered electors and the names of other electors are entered on a separate list.
Signature requirement for electors voting in person
This substitute amendment provides, with limited exceptions, that an elector
must also enter his or her signature on the poll list or other separate list when voting
in person at an election. Under the substitute amendment, the election officials or,
if an elector votes at the office of the municipal clerk or board of election
commissioners, the municipal clerk or a deputy, must require each elector to enter
his or her signature on the poll list or other separate list before being permitted to
vote. If an elector registers at a polling place on election day, the officials must
require the elector to enter the elector's signature on a separate list. The substitute
amendment also provides that if an elector, due to physical disability, authorized
another elector to sign his or her registration form on his or her behalf, the elector
is exempt from the signature requirement. In addition, if an elector signed his or her
registration form but claims to be unable, due to physical disability, to enter his or
her signature on the poll list or other separate list when voting at a particular
election, the substitute amendment permits the election officials or the municipal
clerk or board of election commissioners or a deputy to waive the signature
requirement if they find that, due to physical disability, the elector is unable to enter
his or her signature.
Durational residency requirement for voting
Under current law, with certain limited exceptions, an individual must be a
resident of this state and of the municipality and ward, if any, where the elector is
voting for ten days before an election to be eligible to vote in the election. This
substitute amendment increases this durational residency requirement to 28 days.
Under the substitute amendment, if an elector who does not meet this residency
requirement formerly resided at another location in this state within the 27-day
period preceding an election, the elector may vote at that location if the elector is
otherwise qualified to vote at that location.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB6-SSA1, s. 1
5.02 (6m) of the statutes is created to read:
"Identification" means any of the following documents issued to an 3
(a) One of the following documents that is unexpired or if expired has expired 5
after the date of the most recent general election:
1. An operator's license issued under ch. 343.
2. An identification card issued under s. 343.50.
3. An identification card issued by a U.S. uniformed service.
4. A U.S. passport.
(b) A certificate of U.S. naturalization that was issued not earlier than 2 years 11
before the date of an election at which it is presented.
(c) An unexpired driving receipt under s. 343.11.
(d) An unexpired identification card receipt issued under s. 343.50.
(e) An identification card issued by a federally recognized Indian tribe in this 15
SB6-SSA1, s. 2
5.02 (16c) of the statutes is created to read:
"Proof of identification" means identification that contains the name 18
of the individual to whom the document was issued, which name conforms to the 19
individual's voter registration form, if the individual is required to register to vote, 20
and that contains a photograph of the individual, except as authorized in s. 343.14 21
(3m) or 343.50 (4g).
SB6-SSA1, s. 3
5.35 (6) (a) 2. of the statutes is amended to read:
(a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3) 24
(intro), (d), (f), (g), (k), (L), (o), (q), (r), (u), (v)
and (x), together with the applicable 25
penalties provided in s. 12.60 (1).
SB6-SSA1, s. 4
5.35 (6) (a) 4a. of the statutes is amended to read:
(a) 4a. Instructions prescribed by the board for electors for whom proof
3of identification is required under s. 6.79 (2) or for whom
proof of residence under s. 4
6.34 is required under s. 6.55 (2).
SB6-SSA1, s. 5
6.02 (1) of the statutes is amended to read:
Every U.S. citizen age 18 or older who has resided in an election district 7
or ward for 10 28
days before any election where the citizen offers to vote is an eligible 8
SB6-SSA1, s. 6
6.02 (2) of the statutes is amended to read:
Any U.S. citizen age 18 or older who moves within this state later than 1110 28
days before an election shall vote at his or her previous ward or election district 12
if the person is otherwise qualified. If the elector can comply with the 10-day 28-day 13
residence requirement at the new address and is otherwise qualified, he or she may 14
vote in the new ward or election district.
SB6-SSA1, s. 7
6.10 (3) of the statutes is amended to read:
When an elector moves from one ward to another or his or her residence 17
from one ward or
municipality to another ward or municipality
within the state after
18the last registration day but
at least 10 28
days before the election, the elector may 19
vote in and be considered a resident of the new ward or municipality where residing 20
upon transferring registration under s. 6.40 (1) or upon registering at the proper 21
polling place or other registration location in the new ward or municipality under s. 22
6.55 (2) or 6.86 (3) (a) 2. If the elector moves within 10 his or her residence later than
days of before
an election, the elector shall vote in the elector's old former
or municipality if otherwise qualified to vote there.
SB6-SSA1, s. 8
6.10 (4) of the statutes is amended to read:
The residence of an unmarried person sleeping in one ward and 2
boarding in another is the place where the person sleeps. The residence of an 3
unmarried person in a transient vocation, a teacher or a student who boards at 4
different places for part of the week, month,
or year, if one of the places is the 5
residence of the person's parents, is the place of the parents' residence unless through 6
registration or similar act the person elects to establish a residence elsewhere. If the 7
person has no parents and if the person has not registered elsewhere, the person's 8
residence shall be at the place which that
the person considered his or her residence 9
in preference to any other for at least 10 28
days before an election. If this place is 10
within the municipality, the person is entitled to all the privileges and subject to all 11
the duties of other citizens having their residence there, including voting.
SB6-SSA1, s. 9
6.15 (1) of the statutes is amended to read:
6.15 (1) Qualifications.
Any person who was or who is a qualified an eligible 14
elector under ss. 6.02 and 6.03, except that he or she has been a resident of this state 15
for less than 10 28
days prior to the date of the presidential election, is entitled to vote 16
for the president and vice president but for no other offices. The fact that the person 17
was not registered to vote in the state from which he or she moved does not prevent 18
voting in this state if the elector is otherwise qualified.
SB6-SSA1, s. 10
6.15 (2) (a) of the statutes is amended to read:
(a) The elector's request for the application form may be made in person 21
to the municipal clerk of the municipality where the person resides. Application may 22
be made not sooner than 9 27
days nor later than 5 p.m. on the day before the election, 23
or may be made at the proper polling place in the ward or election district in which 24
the elector resides. If an elector makes application before election day, the 25
application form shall be returned to the municipal clerk after the affidavit has been
signed in the presence of the clerk or any officer authorized by law to administer 2
oaths. The affidavit shall be in substantially the following form:
STATE OF WISCONSIN
County of ....
I, ...., do solemnly swear that I am a citizen of the United States; that prior to 6
establishing Wisconsin residence, my legal residence was in the .... (town) (village) 7
(city) of ...., state of ...., residing at .... (street address); that on the day of the next 8
presidential election, I shall be at least 18 years of age and that I have been a legal 9
resident of the state of Wisconsin since ...., .... (year), residing at .... (street address), 10
in the [.... ward of the .... aldermanic district of] the (town) (village) (city) of ...., county 11
of ....; that I have resided in the state less than 10
days, that I am qualified to vote 12
for president and vice president at the election to be held November ...., .... (year), 13
that I am not voting at any other place in this election and that I hereby make 14
application for an official presidential ballot, in accordance with section 6.15 of the 15
P.O. Address ....
Subscribed and sworn to before me this .... day of ...., .... (year)
SB6-SSA1, s. 11
6.15 (2) (bm) of the statutes is created to read:
(bm) Except as authorized in s. 6.79 (7), when making application in 23
person at the office of the municipal clerk, each applicant shall present proof of 24
identification. If any document presented by the applicant is not proof of residence 25
under s. 6.34, the applicant shall also present proof of residence under s. 6.34. The
clerk shall verify that the name on the proof of presented by the elector conforms to 2
the name on the elector's application and shall verify that any photograph appearing 3
on that document reasonably resembles the elector.
SB6-SSA1, s. 12
6.15 (2) (d) 1r. of the statutes is amended to read:
(d) 1r. Upon proper completion of the application and cancellation card, 6
the municipal clerk shall require the elector to provide proof of residence under s.
76.34. If the elector cannot provide proof of residence, the elector may have his or her
8residence corroborated in a statement that is signed by another elector of the
9municipality and that contains the current street address of the corroborating
10elector. If the residence is corroborated by another elector, that elector shall then
11provide proof of residence under s. 6.34 permit the elector to cast his or her ballot for
12president and vice president
. The elector shall then mark the ballot in the clerk's 13
presence in a manner that will not disclose his or her vote. The elector shall then fold 14
the ballot so as to conceal his or her vote. The clerk or elector shall then place the 15
ballot in an envelope furnished by the clerk.
6.15 (3) Procedure at polling place.
An eligible elector may appear at the 18
polling place for the ward or election district where he or she resides and make 19
application for a ballot under sub. (2). Except as otherwise provided in this 20
subsection, an elector who casts a ballot under this subsection shall follow the same 21
procedure required for casting a ballot at the municipal clerk's office under sub. (2). 22
The inspectors shall perform the duties of the municipal clerk, except that the 23
inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk 24
and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon 25
proper completion of the application and cancellation card and submittal of proof of
1residence under s. 6.34 or providing corroboration of residence verification of the
2proof of identification and proof of residence, whenever required, as provided in sub.
, the inspectors shall permit the elector to cast his or her ballot for president 4
and vice president. The elector shall mark the ballot and, unless the ballot is utilized 5
with an electronic voting system, the elector shall fold the ballot, and deposit the 6
ballot into the ballot box or give it to the inspector. The inspector shall deposit it 7
directly into the ballot box. Voting machines or ballots utilized with electronic voting 8
systems may only be used by electors voting under this section if they permit voting 9
for president and vice president only.
116.18 Former residents.
If ineligible to qualify as an elector in the state to 12
which the elector has moved, any former qualified Wisconsin elector may vote an 13
absentee ballot in the ward of the elector's prior residence in any presidential election 14
occurring within 24 months after leaving Wisconsin by requesting an application 15
form and returning it, properly executed, to the municipal clerk of the elector's prior 16
Wisconsin residence. When requesting an application form for an absentee ballot, 17
the applicant shall specify the applicant's eligibility for only the presidential ballot. 18Unless application is made under s. 6.86 (1) (ac), or the applicant is exempted from
19providing proof of identification under s. 6.87 (4) (b) 2. or 3., or the applicant is a
20military or overseas elector, the elector shall enclose a copy of his or her proof of
21identification or any authorized substitute document with his or her application.
22The municipal clerk shall verify that the name on the proof of identification conforms
23to the name on the application. The clerk shall not issue a ballot to an elector who
24is required to enclose a copy of proof of identification or an authorized substitute
25document with his or her application unless the copy is enclosed and the proof is
1verified by the clerk.
The application form shall require the following information 2
and be in substantially the following form:
This form shall be returned to the municipal clerk's office. Application must be 4
received in sufficient time for ballots to be mailed and returned prior to any 5
presidential election at which applicant wishes to vote. Complete all statements in 6
APPLICATION FOR PRESIDENTIAL
ELECTOR'S ABSENTEE BALLOT.
(To be voted at the Presidential Election
on November ...., .... (year)
I, .... hereby swear or affirm that I am a citizen of the United States, formerly 12
residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County 13
of .... for 10 28
days prior to leaving the State of Wisconsin. I, .... do solemnly swear 14
or affirm that I do not qualify to register or vote under the laws of the State of ....(State 15
you now reside in) where I am presently residing. A citizen must be a resident of: 16
State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), 17
in order to be eligible to register or vote therein. I further swear or affirm that my 18
legal residence was established in the State of ....(the State where you now reside) 19
on .... Month .... Day .... Year.
Address ....(Present address)
Subscribed and sworn to before me this .... day of .... .... (year)
....(Notary Public, or other officer authorized to administer oaths.)
My Commission expires
MAIL BALLOT TO:
CITY .... STATE .... ZIP CODE ....
6Penalties for Violations.
Whoever swears falsely to any absent elector affidavit 7
under this section may be fined not more than $1,000 or imprisoned for not more than 8
6 months or both. Whoever intentionally votes more than once in an election may 9
be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months 10
6.22 (7) Extension of privilege.
This section applies to all military electors for 1510 28
days after the date of discharge from a uniformed service or termination of 16
services or employment of individuals specified in sub. (1) (b) 1. to 4.
No names may be added to a registration list for any election after the 19
close of registration, except as authorized under this section or s. 6.55 (2) or 6.86 (3) 20
(a) 2. Any person whose name is not on the registration list but who is otherwise a 21
qualified elector is entitled to vote at the election upon compliance with this section,
22if the person complies with all other requirements for voting at the polling place
SB6-SSA1, s. 17
6.29 (2) (a) of the statutes is amended to read:
(a) Any qualified elector of a municipality who has not previously filed 25
a registration form or whose name does not appear on the registration list of the
municipality may register after the close of registration but not later than 5 p.m. or 2
the close of business, whichever is later, on the day before an election at the office of 3
the municipal clerk and at the office of the clerk's agent if the clerk delegates 4
responsibility for electronic maintenance of the registration list to an agent under 5
s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2), 6
a registration form containing all information required under s. 6.33 (1). The 7
registration form shall also contain the following certification: "I, ...., hereby certify 8
that, to the best of my knowledge, I am a qualified elector, having resided at ... for 9
at least 10 28
days immediately preceding this election, and I have not voted at this 10
election". The elector shall also provide proof of residence under s. 6.34. 11Alternatively, if the elector is unable to provide proof of residence under s. 6.34, the
12information contained in the registration form shall be corroborated in a statement
13that is signed by any other elector of the municipality and that contains the current
14street address of the corroborating elector. The corroborating elector shall then
15provide proof of residence under s. 6.34.
If the elector is registering after the close 16
of registration for the general election and the elector presents a valid an unexpired 17
driver's license issued by another state, the municipal clerk or agent shall record on 18
a separate list the name and address of the elector, the name of the state, and the 19
license number and expiration date of the license.
The board shall prescribe the format, size, and shape of registration 22
forms. All forms shall be printed on cards and each item of information shall be of 23
uniform font size, as prescribed by the board. The municipal clerk shall supply 24
sufficient forms to meet voter registration needs. The forms shall be designed to 25
obtain from each applicant information as to name; date; residence location;
citizenship; date of birth; age; the number of a current and
valid operator's license 2
issued to the elector under ch. 343 or the last 4 digits of the elector's social security 3
account number; whether the applicant has resided within the ward or election 4
district for at least 10 28
days; whether the applicant has been convicted of a felony 5
for which he or she has not been pardoned, and if so, whether the applicant is 6
incarcerated, or on parole, probation, or extended supervision; whether the applicant 7
is disqualified on any other ground from voting; and whether the applicant is 8
currently registered to vote at any other location. The form shall include a space for 9
the applicant's signature and the signature of any corroborating elector
. The form 10
shall include a space to enter the name of any special registration deputy under s. 11
6.26 or 6.55 (6) or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who 12
obtains the form and a space for the deputy, inspector, clerk, or deputy clerk to sign 13
his or her name, affirming that the deputy, inspector, clerk, or deputy clerk has 14
accepted the form. The form shall include a space for entry of the ward and 15
aldermanic district, if any, where the elector resides and any other information 16
required to determine the offices and referenda for which the elector is certified to 17
vote. The form shall also include a space where the clerk may record an indication 18
of whether the form is received by mail, a space where the clerk may record an 19
indication of the type of identifying document submitted by the elector as proof of 20
residence under s. 6.34, whenever required, and a space where the clerk, for any 21
applicant who possesses a valid voting identification card issued to the person under 22
s. 6.47 (3), may record the identification serial number appearing on the voting 23
identification card. Each county clerk shall obtain sufficient registration forms for 24
completion by an elector who desires to register to vote at the office of the county clerk 25
under s. 6.28 (4).
SB6-SSA1, s. 19
6.33 (2) (b) of the statutes is amended to read: