Feed for /2011/related/proposals/sb6-engrossed PDF
This 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 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 voting.

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 bill 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 bill, 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 bill creates a religious belief photograph exception for REAL ID
noncompliant driver's licenses and identification cards.
Absentee voting in residential care apartment complexes and adult family
homes
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.

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 bill provides, with limited exceptions, that an elector must also enter his
or her signature on the poll list or other separate list when voting at a polling place
at an election. Under the bill, the election officials 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 bill 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 bill permits
the election officials to waive the signature requirement if they find that, due to
physical disability, the elector is unable to enter his or her signature. Under the bill,
the signature requirement initially applies beginning with elections held on and
after the day the bill becomes law.
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 bill
increases this durational residency requirement to 28 consecutive days. Under the
bill, 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. Under the bill, the residency requirement initially applies beginning with
the 2012 spring primary.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB6-engrossed, s. 1 1Section 1. 5.02 (6m) of the statutes is created to read:
SB6-engrossed,7,2
15.02 (6m) "Identification" means any of the following documents issued to an
2individual:
SB6-engrossed,7,43 (a) One of the following documents that is unexpired or if expired has expired
4after the date of the most recent general election:
SB6-engrossed,7,55 1. An operator's license issued under ch. 343.
SB6-engrossed,7,66 2. An identification card issued under s. 343.50.
SB6-engrossed,7,77 3. An identification card issued by a U.S. uniformed service.
SB6-engrossed,7,88 4. A U.S. passport.
SB6-engrossed,7,109 (b) A certificate of U.S. naturalization that was issued not earlier than 2 years
10before the date of an election at which it is presented.
SB6-engrossed,7,1111 (c) An unexpired driving receipt under s. 343.11.
SB6-engrossed,7,1212 (d) An unexpired identification card receipt issued under s. 343.50.
SB6-engrossed,7,1413 (e) An identification card issued by a federally recognized Indian tribe in this
14state.
SB6-engrossed, s. 2 15Section 2. 5.02 (16c) of the statutes is created to read:
SB6-engrossed,7,2016 5.02 (16c) "Proof of identification" means identification that contains the name
17of the individual to whom the document was issued, which name conforms to the
18individual's voter registration form, if the individual is required to register to vote,
19and that contains a photograph of the individual, except as authorized in s. 343.14
20(3m) or 343.50 (4g).
SB6-engrossed, s. 3 21Section 3. 5.35 (6) (a) 2. of the statutes is amended to read:
SB6-engrossed,7,2422 5.35 (6) (a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3)
23(intro), (d), (f), (g), (k), (L), (o), (q), (r), (u), (v) and (x), together with the applicable
24penalties provided in s. 12.60 (1).
SB6-engrossed, s. 4 25Section 4 . 5.35 (6) (a) 4a. of the statutes is amended to read:
SB6-engrossed,8,3
15.35 (6) (a) 4a. Instructions prescribed by the board for electors for whom proof
2of identification is required under s. 6.79 (2) or for whom
proof of residence under s.
36.34 is required under s. 6.55 (2).
SB6-engrossed, s. 5 4Section 5. 6.02 (1) of the statutes is amended to read:
SB6-engrossed,8,75 6.02 (1) Every U.S. citizen age 18 or older who has resided in an election district
6or ward for 10 28 consecutive days before any election where the citizen offers to vote
7is an eligible elector.
SB6-engrossed, s. 6 8Section 6. 6.02 (2) of the statutes is amended to read:
SB6-engrossed,8,139 6.02 (2) Any U.S. citizen age 18 or older who moves within this state later than
1010 28 days before an election shall vote at his or her previous ward or election district
11if the person is otherwise qualified. If the elector can comply with the 10-day 28-day
12residence requirement at the new address and is otherwise qualified, he or she may
13vote in the new ward or election district.
SB6-engrossed, s. 7 14Section 7. 6.10 (3) of the statutes is amended to read:
SB6-engrossed,8,2315 6.10 (3) When an elector moves from one ward to another or his or her residence
16from one ward or municipality to another ward or municipality within the state after
17the last registration day but
at least 10 28 days before the election, the elector may
18vote in and be considered a resident of the new ward or municipality where residing
19upon transferring registration under s. 6.40 (1) or upon registering at the proper
20polling place or other registration location in the new ward or municipality under s.
216.55 (2) or 6.86 (3) (a) 2. If the elector moves within 10 his or her residence later than
2228
days of before an election, the elector shall vote in the elector's old former ward
23or municipality if otherwise qualified to vote there.
SB6-engrossed, s. 8 24Section 8. 6.10 (4) of the statutes is amended to read:
SB6-engrossed,9,12
16.10 (4) The residence of an unmarried person sleeping in one ward and
2boarding in another is the place where the person sleeps. The residence of an
3unmarried person in a transient vocation, a teacher or a student who boards at
4different places for part of the week, month, or year, if one of the places is the
5residence of the person's parents, is the place of the parents' residence unless through
6registration or similar act the person elects to establish a residence elsewhere. If the
7person has no parents and if the person has not registered elsewhere, the person's
8residence shall be at the place which that the person considered his or her residence
9in preference to any other for at least 10 28 consecutive days before an election. If
10this place is within the municipality, the person is entitled to all the privileges and
11subject to all the duties of other citizens having their residence there, including
12voting.
SB6-engrossed, s. 9 13Section 9. 6.15 (1) of the statutes is amended to read:
SB6-engrossed,9,1914 6.15 (1) Qualifications. Any person who was or who is a qualified an eligible
15elector under ss. 6.02 and 6.03, except that he or she has been a resident of this state
16for less than 10 28 consecutive days prior to the date of the presidential election, is
17entitled to vote for the president and vice president but for no other offices. The fact
18that the person was not registered to vote in the state from which he or she moved
19does not prevent voting in this state if the elector is otherwise qualified.
SB6-engrossed, s. 10 20Section 10. 6.15 (2) (a) of the statutes is amended to read:
SB6-engrossed,9,2521 6.15 (2) (a) The elector's request for the application form may be made in person
22to the municipal clerk of the municipality where the person resides. Application may
23be made not sooner than 9 27 days nor later than 5 p.m. on the day before the election,
24or may be made at the proper polling place in the ward or election district in which
25the elector resides. If an elector makes application before election day, the

1application form shall be returned to the municipal clerk after the affidavit has been
2signed in the presence of the clerk or any officer authorized by law to administer
3oaths. The affidavit shall be in substantially the following form:
SB6-engrossed,10,44 STATE OF WISCONSIN
SB6-engrossed,10,55 County of ....
SB6-engrossed,10,166 I, ...., do solemnly swear that I am a citizen of the United States; that prior to
7establishing Wisconsin residence, my legal residence was in the .... (town) (village)
8(city) of ...., state of ...., residing at .... (street address); that on the day of the next
9presidential election, I shall be at least 18 years of age and that I have been a legal
10resident of the state of Wisconsin since ...., .... (year), residing at .... (street address),
11in the [.... ward of the .... aldermanic district of] the (town) (village) (city) of ...., county
12of ....; that I have resided in the state less than 10 28 consecutive days, that I am
13qualified to vote for president and vice president at the election to be held November
14...., .... (year), that I am not voting at any other place in this election and that I hereby
15make application for an official presidential ballot, in accordance with section 6.15
16of the Wisconsin statutes.
SB6-engrossed,10,1717 Signed ....
SB6-engrossed,10,1818 P.O. Address ....
SB6-engrossed,10,1919 Subscribed and sworn to before me this .... day of ...., .... (year)
SB6-engrossed,10,2020 ....(Name)
SB6-engrossed,10,2121 ....(Title)
SB6-engrossed, s. 11 22Section 11 . 6.15 (2) (bm) of the statutes is created to read:
SB6-engrossed,11,423 6.15 (2) (bm) Except as authorized in s. 6.79 (7), when making application in
24person at the office of the municipal clerk, each applicant shall present proof of
25identification. If any document presented by the applicant is not proof of residence

1under s. 6.34, the applicant shall also present proof of residence under s. 6.34. The
2clerk shall verify that the name on the proof of identification presented by the elector
3conforms to the name on the elector's application and shall verify that any
4photograph appearing on that document reasonably resembles the elector.
SB6-engrossed, s. 12 5Section 12. 6.15 (2) (d) 1r. of the statutes is amended to read:
SB6-engrossed,11,166 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card,
7the municipal clerk shall require the elector to provide proof of residence under s.
86.34. If the elector cannot provide proof of residence, the elector may have his or her
9residence corroborated in a statement that is signed by another elector of the
10municipality and that contains the current street address of the corroborating
11elector. If the residence is corroborated by another elector, that elector shall then
12provide proof of residence under s. 6.34
permit the elector to cast his or her ballot for
13president and vice president
. The elector shall then mark the ballot in the clerk's
14presence in a manner that will not disclose his or her vote. The elector shall then fold
15the ballot so as to conceal his or her vote. The clerk or elector shall then place the
16ballot in an envelope furnished by the clerk.
SB6-engrossed, s. 13 17Section 13. 6.15 (3) of the statutes is amended to read:
SB6-engrossed,12,1018 6.15 (3) Procedure at polling place. An eligible elector may appear at the
19polling place for the ward or election district where he or she resides and make
20application for a ballot under sub. (2). Except as otherwise provided in this
21subsection, an elector who casts a ballot under this subsection shall follow the same
22procedure required for casting a ballot at the municipal clerk's office under sub. (2).
23The inspectors shall perform the duties of the municipal clerk, except that the
24inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk
25and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon

1proper completion of the application and cancellation card and submittal of proof of
2residence under s. 6.34 or providing corroboration of residence
verification of the
3proof of identification and proof of residence, whenever required, as provided in sub.
4(2) (bm)
, the inspectors shall permit the elector to cast his or her ballot for president
5and vice president. The elector shall mark the ballot and, unless the ballot is utilized
6with an electronic voting system, the elector shall fold the ballot, and deposit the
7ballot into the ballot box or give it to the inspector. The inspector shall deposit it
8directly into the ballot box. Voting machines or ballots utilized with electronic voting
9systems may only be used by electors voting under this section if they permit voting
10for president and vice president only.
SB6-engrossed, s. 14 11Section 14. 6.18 of the statutes is amended to read:
SB6-engrossed,13,3 126.18 Former residents. If ineligible to qualify as an elector in the state to
13which the elector has moved, any former qualified Wisconsin elector may vote an
14absentee ballot in the ward of the elector's prior residence in any presidential election
15occurring within 24 months after leaving Wisconsin by requesting an application
16form and returning it, properly executed, to the municipal clerk of the elector's prior
17Wisconsin residence. When requesting an application form for an absentee ballot,
18the applicant shall specify the applicant's eligibility for only the presidential ballot.
19Unless application is made under s. 6.86 (1) (ac), or the applicant is exempted from
20providing proof of identification under s. 6.87 (4) (b) 2. or 3., or the applicant is a
21military or overseas elector, the elector shall enclose a copy of his or her proof of
22identification or any authorized substitute document with his or her application.
23The municipal clerk shall verify that the name on the proof of identification conforms
24to the name on the application. The clerk shall not issue a ballot to an elector who
25is required to enclose a copy of proof of identification or an authorized substitute

1document with his or her application unless the copy is enclosed and the proof is
2verified by the clerk.
The application form shall require the following information
3and be in substantially the following form:
SB6-engrossed,13,74 This form shall be returned to the municipal clerk's office. Application must be
5received in sufficient time for ballots to be mailed and returned prior to any
6presidential election at which applicant wishes to vote. Complete all statements in
7full.
SB6-engrossed,13,88 APPLICATION FOR PRESIDENTIAL
SB6-engrossed,13,99 ELECTOR'S ABSENTEE BALLOT.
SB6-engrossed,13,1010 (To be voted at the Presidential Election
SB6-engrossed,13,1111 on November ...., .... (year)
SB6-engrossed,13,2012 I, .... hereby swear or affirm that I am a citizen of the United States, formerly
13residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County
14of .... for 10 28 consecutive days prior to leaving the State of Wisconsin. I, .... do
15solemnly swear or affirm that I do not qualify to register or vote under the laws of
16the State of ....(State you now reside in) where I am presently residing. A citizen must
17be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village
18....(Insert time), in order to be eligible to register or vote therein. I further swear or
19affirm that my legal residence was established in the State of ....(the State where you
20now reside) on .... Month .... Day .... Year.
SB6-engrossed,13,2121 Signed ....
SB6-engrossed,13,2222 Address ....(Present address)
SB6-engrossed,13,2323 ....(City) ....(State)
SB6-engrossed,13,2424 Subscribed and sworn to before me this .... day of .... .... (year)
SB6-engrossed,13,2525 ....(Notary Public, or other officer authorized to administer oaths.)
SB6-engrossed,14,1
1....(County)
SB6-engrossed,14,22 My Commission expires
SB6-engrossed,14,33 MAIL BALLOT TO:
SB6-engrossed,14,44 NAME ....
SB6-engrossed,14,55 ADDRESS ....
SB6-engrossed,14,66 CITY .... STATE .... ZIP CODE ....
SB6-engrossed,14,11 7Penalties for Violations. Whoever swears falsely to any absent elector affidavit
8under this section may be fined not more than $1,000 or imprisoned for not more than
96 months or both. Whoever intentionally votes more than once in an election may
10be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months
11or both.
SB6-engrossed,14,1212 ....(Municipal Clerk)
SB6-engrossed,14,1313 ....(Municipality)
SB6-engrossed, s. 15 14Section 15. 6.22 (7) of the statutes is amended to read:
SB6-engrossed,14,1715 6.22 (7) Extension of privilege. This section applies to all military electors for
1610 28 days after the date of discharge from a uniformed service or termination of
17services or employment of individuals specified in sub. (1) (b) 1. to 4.
SB6-engrossed, s. 16 18Section 16. 6.29 (1) of the statutes is amended to read:
SB6-engrossed,14,2319 6.29 (1) No names may be added to a registration list for any election after the
20close of registration, except as authorized under this section or s. 6.55 (2) or 6.86 (3)
21(a) 2. Any person whose name is not on the registration list but who is otherwise a
22qualified elector is entitled to vote at the election upon compliance with this section,
23if the person complies with all other requirements for voting at the polling place
.
SB6-engrossed, s. 17 24Section 17. 6.29 (2) (a) of the statutes is amended to read:
SB6-engrossed,15,21
16.29 (2) (a) Any qualified elector of a municipality who has not previously filed
2a registration form or whose name does not appear on the registration list of the
3municipality may register after the close of registration but not later than 5 p.m. or
4the close of business, whichever is later, on the day before an election at the office of
5the municipal clerk and at the office of the clerk's agent if the clerk delegates
6responsibility for electronic maintenance of the registration list to an agent under
7s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2),
8a registration form containing all information required under s. 6.33 (1). The
9registration form shall also contain the following certification: "I, ...., hereby certify
10that, to the best of my knowledge, I am a qualified elector, having resided at ... for
11at least 10 28 consecutive days immediately preceding this election, and I have not
12voted at this election". The elector shall also provide proof of residence under s. 6.34.
13Alternatively, if the elector is unable to provide proof of residence under s. 6.34, the
14information contained in the registration form shall be corroborated in a statement
15that is signed by any other elector of the municipality and that contains the current
16street address of the corroborating elector. The corroborating elector shall then
17provide proof of residence under s. 6.34.
If the elector is registering after the close
18of registration for the general election and the elector presents a valid an unexpired
19driver's license issued by another state, the municipal clerk or agent shall record on
20a separate list the name and address of the elector, the name of the state, and the
21license number and expiration date of the license.
SB6-engrossed, s. 18 22Section 18. 6.33 (1) of the statutes is amended to read:
SB6-engrossed,17,223 6.33 (1) The board shall prescribe the format, size, and shape of registration
24forms. All forms shall be printed on cards and each item of information shall be of
25uniform font size, as prescribed by the board. The municipal clerk shall supply

1sufficient forms to meet voter registration needs. The forms shall be designed to
2obtain from each applicant information as to name; date; residence location;
3citizenship; date of birth; age; the number of a current and valid operator's license
4issued to the elector under ch. 343 or the last 4 digits of the elector's social security
5account number; whether the applicant has resided within the ward or election
6district for at least 10 28 consecutive days; whether the applicant has been convicted
7of a felony for which he or she has not been pardoned, and if so, whether the applicant
8is incarcerated, or on parole, probation, or extended supervision; whether the
9applicant is disqualified on any other ground from voting; and whether the applicant
10is currently registered to vote at any other location. The form shall include a space
11for the applicant's signature and the signature of any corroborating elector. The form
12shall include a space to enter the name of any special registration deputy under s.
136.26 or 6.55 (6) or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who
14obtains the form and a space for the deputy, inspector, clerk, or deputy clerk to sign
15his or her name, affirming that the deputy, inspector, clerk, or deputy clerk has
16accepted the form. The form shall include a space for entry of the ward and
17aldermanic district, if any, where the elector resides and any other information
18required to determine the offices and referenda for which the elector is certified to
19vote. The form shall also include a space where the clerk may record an indication
20of whether the form is received by mail, a space where the clerk may record an
21indication of the type of identifying document submitted by the elector as proof of
22residence under s. 6.34, whenever required, and a space where the clerk, for any
23applicant who possesses a valid voting identification card issued to the person under
24s. 6.47 (3), may record the identification serial number appearing on the voting
25identification card. Each county clerk shall obtain sufficient registration forms for

1completion by an elector who desires to register to vote at the office of the county clerk
2under s. 6.28 (4).
SB6-engrossed, s. 19 3Section 19. 6.33 (2) (b) of the statutes is amended to read:
SB6-engrossed,17,84 6.33 (2) (b) Except as provided in s. 6.86 (3) (a) 2., the registration form shall
5be signed by the registering elector and any corroborating elector under s. 6.29 (2)
6(a) or 6.55 (2)
before the clerk, issuing officer or registration deputy. The form shall
7contain a certification by the registering elector that all statements are true and
8correct.
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