4802 Sheboygan Avenue, Room 225
Madison, WI 53707
Phone: (608) 261-8605
Finding of Emergency: This emergency rulemaking is necessary to preserve the public welfare by ensuring that qualified applicants who may not be able to obtain acceptable photographic identification for voting purposes with reasonable effort before the next scheduled statewide elections in August 2016 and the statewide and national elections in November 2016 will be able to obtain photographic identification for use in those elections. It is possible that the full rulemaking process would not be completed in time to enable an individual to obtain the identification required to vote in those elections.
This emergency rulemaking is also necessary to preserve the integrity of the verification process utilized by the Department in issuing an identification card while still preserving the public welfare by ensuring that qualified applicants who may not be able to obtain acceptable photographic identification for voting purposes with reasonable effort will be able to obtain photographic identification before the next scheduled elections. The rule provisions regarding the issuance, contents, cancellation, refusal to issue, and term of a receipt establish parameters to ensure the continued integrity of the identification process while still addressing the underlying needs of qualified individuals who may not otherwise be able to obtain the identification required in upcoming elections. The rule also codifies common law provisions, required timelines, standards and common-sense best practices identified by DMV that ensure consistency and limit the DMV administrator’s discretion in processing petition applications.
TEXT OF EMERGENCY RULE
SECTION 1. Trans 102.15(3)(c) is created to read:
Trans 102.15(3)(c) For an identification card, to establish a name other than the name that appears on a supporting document, the person may provide evidence acceptable to the administrator that the person has used the name in a manner that qualifies the name as being legally changed under the common law of Wisconsin, including evidence of the person’s prior name, changed name, the length of time the person has consistently and continuously used the changed name, an affirmation that the person no longer uses the prior name, and an affirmation that the person did not change his or her name for a dishonest or fraudulent purpose or to the injury of any other person. The department shall mark an identification card issued under this subdivision in the manner described in s. 343.03(3r), Stats. SECTION 2. Trans 102.15(3)(d) is amended to read:
Trans 102.15(3)(d) The administrator shall approve a name change requested by a person who cannot provide documentation under par. (a) 17. of a lawful change of name if the person provides but who does one of the following:
1. Provides proof of identity specified in sub. (4) in the new name, and the administrator receives from the federal social security administration evidence or confirmation of the name change.
SECTION 3. Trans 102.15(3)(d)2. is created to read:
Trans 102.15(3)(d)2. Applies for an identification card and provides an affidavit declaring all facts required under par. (c) to prove a name change under the common law of Wisconsin.
SECTION 4. Trans 102.15(5)(a) is amended to read:
Trans 102.15(5)(a) Each person who applies for an operator's license or ID identification card is required to provide his or her social security number, except that Class D and M license applicants may be issued licenses without social security numbers as provided in pars. (b) and (c) and that an applicant requesting an identification card without charge for purposes of voting may be issued an identification card receipt under s. 343.50(1)(c), Stats., without a social security number as provided in pars. (b), (bm) and (c). The department may verify the number with the federal social security administration prior to acceptance for issuance of an operator's license or identification card, may delay issuance of a license if verification cannot be completed at the time of application, or may cancel a license if verification is requested after license issuance and the person does not provide verification. The original social security card or other documentation satisfactory to the department to prove the person's social security number shall be presented to the examiner for verification of the number, when any of the following apply: SECTION 5. Trans 102.15(5)(d) is created to read:
Trans 102.15(5)(d) Any person issued an identification card without charge for purposes of voting without a social security number as provided in par. (a) is required to provide his or her social security number on any subsequent application for an instruction permit or operator’s license, unless another exception applies to that application.
SECTION 6. Trans 102.15(5m)(b)1. is amended to read:
Trans 102.15(5m)(b)1. If a person applies for and requests an identification card without charge for the purposes of voting and the person's proof of name and date of birth under sub. (3) or of proof of U.S. citizenship under sub. (3m) is unavailable, the person applicant may make a written petition to the administrator for an exception to the requirement for which proof is unavailable. The department shall provide appropriate translation for any applicant who is unable to read or understand the petition process instructions and related communications under this subsection or sub. (6m). The petition shall include the person's applicant’s statement under oath or affirmation of all of the following: that the person is unable to provide documentation under sub. (3) or proof of citizenship under sub. (3m); that the documents are unavailable to the person; and of his or her name, date of birth, place of birth, and such other birth record information requested by the Department department, or the person's alien or U.S. citizenship and immigration service number or U.S. citizenship certificate number.
SECTION 7. Trans 102.15(5m)(b)2. is amended to read:
Trans 102.15(5m)(b)2. Upon receiving a petition that meets the requirements under subd. 1., the department of transportation shall forward the petition to the central office of its division of motor vehicles for processing. The administrator shall provide the person's birth record information to the Department department of health services, for the sole purpose of verification by the Department department of health services of the person's birth certificate information or the equivalent document from another jurisdiction, other than a province of the Dominion of Canada, or to a federal agency for the sole purpose of verifying the person's certificate of birth abroad issued by the U.S. Department department of state, or of verifying the person's alien or U.S. citizenship and immigration service number or U.S. citizenship certificate number. The administrator shall open a file containing the petition and shall create therein a report with a dated record of events, including all communication to or with the applicant. The Department department of transportation may not complete processing of the application prior to receiving verification under this subdivision, except as provided in subd. 3.
SECTION 8. Trans 102.15(5m)(b)3. is amended to read:
Trans 102.15(5m)(b)3. If the Department department of transportation does not receive verification under subd. 2. within 30 days or receives notice under subd. 2., that the birth information provided by the applicant does not match that of the birth record custodian, the Department department of transportation shall promptly notify the person applicant in writing of that failure to verify. The and request the applicant to provide additional information within 10 days. If the applicant does not respond within 10 days, the department of transportation shall send the applicant a second letter with substantially similar contents. If the applicant does not respond to the second letter within 10 days and the department of transportation knows the applicant’s telephone number, the department of transportation shall call the applicant on the telephone and request the applicant to provide additional information within 10 days. If 30 days have elapsed since the date of the first letter sent under this subdivision without contact from the applicant, the department of transportation shall suspend the investigation and send written notice that the applicant has not responded, that the department of transportation has no further leads for it to locate or obtain secondary documentation or verification of birth information, that the department of transportation has suspended its investigation or research until such time as the applicant provides additional information, and that if the applicant provides no additional information within the next 180 days the petition will be denied and no further identification card receipts will be issued under sub. (6m). If the administrator, or delegate described in par. (c), determines that an applicant has knowingly made a false statement or knowingly concealed a material fact or otherwise committed a fraud in an application, petition or additional information, the department of transportation shall immediately suspend the investigation, shall notify the applicant in writing of the suspension and the reason for the suspension, and refer the suspected fraud to law enforcement. If the applicant fails to contact the department of transportation within 180 days after the department of transportation suspends the investigation, the administrator shall deny the petition in writing and shall inform the applicant that the department of transportation will resume the investigation if the applicant provides additional information. Whenever an applicant provides additional information, the investigation under this subdivision shall begin anew, notwithstanding any prior denial. An applicant whose petition is suspended or denied may revive the petition at any time by providing additional information to the administrator. The applicant shall act in good faith and use reasonable efforts to provide additional information to assist the department of transportation in processing the application. The administrator shall investigate the petition and all additional information provided by the applicant under this subdivision with prompt and due diligence and shall use reasonable efforts to locate and obtain the secondary documentation by pursuing leads provided by the applicant. Investigations may only be completed within the division of motor vehicles’ central office by employees whose regular job duties include investigation and fraud detection and prevention. If the investigation discovers new or corrected birth information, the department of transportation shall resubmit the new or corrected birth information to the department of health services for verification under subd. 2. The department of transportation shall pay any actual, necessary fees required by the record custodian to obtain the secondary documentation. The administrator shall grant a petition when he or she concludes, on the basis of secondary documentation or other corroborating information, that it is more likely than not that the name, date of birth or U.S. citizenship provided by the applicant is correct. In this subdivision, “additional information” means information not previously provided to the department of transportation that could reasonably lead the department of transportation to discover correct birth information or secondary documentation as described in subd. 3g.
3g. If the department of health services does not verify the birth record information within 30 days, the Department department of transportation may thereafter issue an identification card to the person applicant only if the Department department of transportation receives verification under subd. 2., if the person applicant provides proof required under sub. (3) or (3m), or if the Department department of transportation receives other secondary documentation that is extraordinary proof and deemed acceptable to the administrator to prove name, date of birth or U.S. citizenship and deemed sufficient under subd. 3., which may include the following:
SECTION 9. Trans 102.15(5m)(c) is amended to read:
Trans 102.15(5m)(c) The administrator may delegate to the administrator's subordinates deputy administrator or to a bureau director, as described in s. 15.02(3)(c)2., Stats., whose regular responsibilities include driver licensing and identification card issuance, the authority to accept or reject such extraordinary proof of name, date of birth, or U.S. citizenship under this subsection. SECTION 10. Trans 102.15(6m) is created to read:
Trans 102.15(6m) Temporary identification card receipt. (a) Issuance process. The department shall issue an identification card receipt under s. 343.50(1)(c), Stats., to any individual who has applied for an identification card without charge for the purposes of voting and who makes a written petition under Trans 102.15(5m). The department shall issue the receipt not later than the sixth working day after the applicant made the petition. The department shall issue a receipt under this subsection only by first-class mail. The department shall issue a new receipt to the applicant not later than 10 days before the expiration date of the prior receipt, and having a date of issuance that is the same as the expiration date of the prior receipt. The department shall issue no receipt to an applicant after the denial of a petition under sub. (5m)(b)3., except that if the applicant provides additional information that revives an investigation under sub. (5m)(b)3., the department shall immediately issue, and continue to reissue, a receipt to the applicant as provided in that subdivision. (b) Contents. An identification card receipt issued under this subsection shall constitute a temporary identification card while the application is being processed under Trans 102.15(5m) and shall be valid for a period not to exceed the period specified in s. 343.50(1)(c), Stats. The department shall clearly mark the receipt “FOR VOTING PURPOSES ONLY” as validated for use for voting as provided in ss. 5.02(6m)(d) and 6.79(2)(a), Stats. A receipt issued under this subsection shall contain the information specified under s. 343.17 (3), Stats., including the date of issuance, the expiration date, the name and signature of the applicant to whom it was issued and, except as authorized in s. 343.50(4g), Stats., a photograph of the individual to whom it was issued, and may contain such further information as the department deems necessary. (c) Replacement. The department shall issue a replacement identification card receipt under par. (a) upon request of the applicant to whom it is issued if the receipt is lost or destroyed.
(d) Cancellation or refusal. Notwithstanding par. (a), the department shall cancel or refuse to issue an identification card receipt under this subsection upon the circumstances specified in s. 343.50(10), Stats., upon the issuance of an operator’s license or identification card to the applicant, upon the applicant’s request, upon the denial of the application, upon return to the department of a receipt as non-deliverable, or whenever the department receives information from a local, state, or federal government agency that the applicant is not a U.S. citizen. (e) Address changes. Whenever any applicant, after receiving an identification card receipt under this subsection, moves from the address named in the application or in the receipt issued to him or her or is notified by the local authorities or by the postal authorities that the address so named has been changed, the applicant shall, within 30 days, notify the department in writing of his or her change of address. Upon receiving a notice of change of address, the department shall promptly issue a new receipt under par. (a) showing the correct address and having the expiration date of the prior receipt.
(f) Emergency rule implementation. On the effective date of this emergency rule, the department shall do all of the following:
1.
Issue a receipt under par. (a) to any applicant who made a petition more than 5 working days before the effective date of this paragraph whose petition has not been denied or is not subject to cancellation or refusal under par. (d).2.
Issue an identification card receipt to any applicant whose petition was denied prior to the effective date of this paragraph, shall deem the applicant’s petition to have been suspended under sub. (5m)(b)3. on that date, and shall send the applicant written notice of the action under this subdivision together with the information required in a notice of suspended investigation.SECTION 11. Effective date: This emergency rule takes effect upon publication, and remains in effect for 150 days. The department may seek to extend this emergency rule as provided in s. 227.24, Stats. (END OF RULE TEXT)
Signed this 10th day of May 2016.
