Amendment SSA1-AB7

LRBs0106/1

JTK&ARG:cjs/nwn/jld/kjf:rs

2011 - 2012 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2011 ASSEMBLY BILL 7

May 17, 2011 - Offered by Senators Hansen, Holperin, Wirch, Miller, Risser, S. Coggs, Carpenter, T. Cullen, Taylor, Erpenbach, Jauch and Vinehout.

AB7-SSA1,2,17 An Act to repeal 5.64 (1) (ar) 1. a., 5.91 (2), 6.26 (2) (am), 6.36 (5), 7.08 (9), 7.15 (1) (L) and 7.50 (2) (a); to renumber 6.79 (3) and 343.50 (1); to renumber and amend 6.34 (3) (a) 7., 6.86 (2m) and 6.97 (3); to amend 5.35 (6) (a) 4a., 5.37 (1), 5.64 (1) (b), 6.10 (3), 6.15 (1), 6.15 (2) (d) 1r., 6.15 (3), 6.22 (4) (b), 6.24 (4) (c), 6.24 (4) (d), 6.26 (2) (b), 6.26 (2) (c), 6.26 (2) (cm), 6.29 (1), 6.29 (2) (a), 6.33 (1), 6.33 (5) (a), 6.34 (2), 6.34 (3) (b) (intro.), 6.36 (1) (b) 1. a., 6.36 (2) (a), 6.40 (1) (a) 1., 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (c) 2., 6.79 (1m), 6.79 (2) (a), 6.79 (2) (d), 6.79 (3) (title), 6.79 (6), 6.82 (1) (a), 6.85, 6.86 (1) (b), 6.86 (3) (a) 1., 6.86 (3) (a) 2., 6.86 (3) (c), 6.87 (2), 6.87 (3) (d), 6.87 (6), 6.875 (title), 6.875 (2) (a), 6.875 (3) and (4), 6.875 (6) (a) and (b), 6.875 (6) (c) 1., 6.875 (6) (c) 2., 6.875 (6) (e), 6.875 (7), 6.92 (1), 6.97 (title), 6.97 (1), 7.08 (8) (title), 7.15 (1) (cm), 7.15 (1) (j), 7.23 (1) (e), 7.51 (5) (a) 4., 7.51 (5) (b), 10.02 (3) (form) (a), 10.02 (3) (b) 1., 10.02 (3) (c), 12.03 (2) (b) 3., 12.13 (2) (b) 6m., 343.06 (1) (L), 343.10 (7) (d), 343.11 (1), 343.11 (3), 343.11 (3), 343.14 (3), 343.16 (3) (a), 343.165 (1) (intro.), 343.165 (2), 343.165 (3) (a), 343.165 (4) (a), 343.165 (4) (c), 343.165 (4) (d), 343.165 (5), 343.17 (3) (a) 2., 343.17 (5), 343.50 (3), 343.50 (4), 343.50 (5) (a) 1., 343.50 (5m) and 343.50 (6); to repeal and recreate 343.16 (3) (a), 343.17 (5), 343.50 (1), 343.50 (3), 343.50 (4), 343.50 (4g), 343.50 (5) (a) and 343.50 (6); and to create 5.02 (6m), 5.02 (16c), 5.64 (1) (ar) 1m., 6.15 (2) (bm), 6.36 (1) (bm) and (bn), 6.79 (2) (am), 6.79 (3) (b), 6.79 (7), 6.79 (8), 6.87 (4) (b) 6., 6.875 (1) (ap) and (asm), 6.875 (2) (d), 6.965, 6.97 (3) (a), 6.97 (3) (c), 7.08 (12), 20.511 (1) (e), 343.03 (3r), 343.14 (2) (j), 343.14 (3m), 343.165 (7), 343.17 (3) (a) 14., 343.50 (1) (c), 343.50 (4g) and 343.50 (5) (a) 3. of the statutes; relating to: requiring certain identification in order to vote at a polling place or obtain an absentee ballot; absentee voting; late voter registration; proof of residence; a requirement for electors to provide a signature when voting in person at an election; voting a straight party ticket; issuance of operator's licenses and identification cards by the Department of Transportation; voter registration information; the statewide voter registration list; voter registration activities; granting rule-making authority; making an appropriation; and providing a penalty.

Analysis by the Legislative Reference Bureau

Identification required for voting

Under current law, any person who is a U.S. citizen, who is at least 18 years of age, and who has resided in a ward or election district in this state for at least ten days before the election at which the person is voting may vote in that ward or election district at that election unless the person is disqualified from voting, in certain cases specified by law, as the result of a felony conviction or an adjudication of incompetency. With limited exceptions, a person must register before voting and in certain cases must provide proof of residence. With certain limited exceptions, before being permitted to vote at any polling place, an eligible elector currently must provide his or her name and address. If the elector is not registered, the elector must provide a specified form of proof of residence in order to register. If an elector is not able to present any required proof of residence, as an alternative, current law permits an elector's registration information to be corroborated by another qualified elector who resides in the same municipality. In addition, an elector other than a military elector or an overseas elector, as defined by federal law, who registers by mail and who has not voted in an election in this state must provide one of the forms of identification specified by federal law, or a copy thereof if voting by absentee ballot, in order to be permitted to vote. Corroboration may not be substituted for this identification requirement, but an elector who cannot provide the required identification may cast a provisional ballot. The municipal clerk or board of election commissioners must determine whether electors casting provisional ballots are qualified to vote by 4 p.m. on the day after an election.

With certain limited exceptions, this substitute amendment requires each eligible elector who wishes to vote at the polls on election day to present "proof of identification." Under the substitute amendment, "proof of identification" means an identification document that contains the name of the individual to whom the document was issued, which name conforms to the individual's voter registration, if the individual is required to register to vote, and that contains a photograph of the individual, except as otherwise permitted by the substitute amendment (see below). "Identification" means a) one of the following documents issued to the individual that is unexpired or if expired has expired after the date of the most recent general election: an operator's license issued by the Wisconsin Department of Transportation (DOT), an identification card issued by DOT, an identification card issued by a U.S. uniformed service, or a U.S. passport; b) a certificate of U.S. naturalization that was issued not earlier than two years before the date of an election at which it is presented; c) an unexpired driving receipt issued by DOT (see below); d) an unexpired identification card receipt issued by DOT; e) an identification card issued by a federally recognized Indian tribe in this state; f) an unexpired identification card approved by the Government Accountability Board (GAB) issued by an accredited university or college or by a technical college in this state; or g) an unexpired identification card issued by a state agency, a local governmental unit in this state, or by the federal government. A person who states that he or she is at least 65 years of age and has resided at his or her current residence for a period that includes at least the two most recent presidential elections is exempt from the requirement. In addition, the substitute amendment provides that if an individual is not able to present any of the above documents, the individual may present as proof of identification an affidavit in the form prescribed by GAB specifying the individual's name and address and stating that this is the address of the individual's residence. A person whose address is confidential as a result of domestic abuse, sexual assault, or stalking or in certain cases a person who has been required by a law enforcement officer to surrender his or her license (see below) is also exempted from the requirement. If a person has applied to DOT for a driver's license or identification card, the person may also present the unexpired driving receipt or identification card receipt (DOT receipt) that DOT issues to the person while the application is processed. The substitute amendment continues current requirements for certain electors to verify residence in order to register or to vote. If a person receives a citation from a law enforcement officer in any jurisdiction that is dated within 60 days of the date of an election and is required to surrender his or her Wisconsin driver's license at the time the citation is issued, the elector may present an original copy of the citation or notice of intent to revoke or suspend the elector's driver's license in lieu of his or her driver's license or, if the elector is voting an absentee ballot by mail, may enclose a copy of the citation or notice in lieu of a copy of his or her driver's license. In this case, the substitute amendment provides that the elector's ballot is received and counted if otherwise valid, but the ballot is marked so it can be identified during the canvassing and recount process if the validity of the ballot is questioned. Under the substitute amendment, if a person who votes at a polling place fails to provide proof of identification, the person may vote provisionally. If a person votes by absentee ballot and fails to provide proof of identification or a copy thereof, unless exempted from the requirement, the ballot is treated as a provisional ballot. A provisional ballot is marked by the poll workers, who immediately contact the municipal clerk or board of election commissioners. The person may then provide the required proof of identification either at the polling place before the closing hour or at the office of the clerk or board. If the person does not provide the required identification to the clerk or board by 4 p.m. on the Friday following the election, the person's vote is not counted.

The substitute amendment also directs GAB, in conjunction with the first regularly scheduled primary and election at which the voter identification requirements created by the substitute amendment initially apply, to conduct a public informational campaign for the purpose of informing prospective voters of the voter identification requirements created by the substitute amendment. In addition, the substitute amendment directs the board to conduct an ongoing outreach effort to identify and contact groups of electors who may need assistance in obtaining or renewing documents that constitute proof of identification for voting purposes and to provide assistance in obtaining or renewing those documents.

The voting identification requirement under the substitute amendment initially applies to voting at the 2012 spring primary. The substitute amendment also provides that an elector who votes at a polling place at an election held after the substitute amendment becomes law but before the date of the 2012 spring primary shall be requested to present proof of identification but if the elector fails to do so, his or her ballot will still be counted if the elector is otherwise qualified. The substitute amendment directs election officials to provide information to electors who do not present proof of identification at elections held prior to the date of the 2012 spring primary so that the electors will be prepared to provide proof of identification at future elections.

Issuance of operator's licenses and identification cards

This substitute amendment also permits a person who is eligible to obtain a Wisconsin identification card to obtain the card from DOT free of charge if the person identifies himself or herself on the application as a qualified elector. The application must include a statement that there is no fee for an identification card for a qualified elector.

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 cards.

This substitute amendment also requires DOT's drivers license examining stations (DMV service centers) to be open for business until at least 8 p.m. on the day before and the day of an election.

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 a polling place at an election. Under the substitute amendment, 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 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 to waive the signature requirement if they find that, due to physical disability, the elector is unable to enter his or her signature.

Voting a straight party ticket

Under current law, at the general election, an elector may vote a straight party ticket for the candidates of any political party that has a separate ballot or column on the ballot.

This substitute amendment eliminates the authority for any elector, other than an overseas or military elector, to vote a straight party ticket. Under federal law, an overseas or military elector may vote a straight party ticket on a write-in absentee ballot for national offices. The substitute amendment first applies with respect to the 2012 general election.

Late registration and absentee voting in person

Currently, the deadline for late registration for an election in person at the office of a municipal clerk or board of election commissioners is 5 p.m. or the close of business, whichever is later, on the day before the election. The deadline for absentee voting in person at the office of a municipal clerk or board of election commissioners is 5 p.m. on the day before the election. This substitute amendment changes the deadline for late registration in person to 5 p.m. or the close of business, whichever is later, on the Friday before the election. The substitute amendment also provides that an elector may vote an absentee ballot in person only during the period beginning with opening of business on the 3rd Monday preceding an election and ending at 5 p.m. or the close of business, whichever is later, on the Friday preceding an election. The changes are effective for elections held on or after the first day of the 2nd month beginning after publication.

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 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.

Appointment of special registration deputies

Currently, GAB or the municipal clerk or board of election commissioners of any municipality may appoint special registration deputies to assist qualified electors in completing their voter registration forms prior to the close of registration at locations other than the office of GAB, the office of a municipal clerk or board of election commissioners, or a polling place. Registration forms that are obtained by a special registration deputy are treated in the same manner as registration forms that are received by mail. Any qualified elector of this state may qualify to serve as a special registration deputy. A deputy who is appointed by a municipality may register any qualified elector of the municipality and a deputy who is appointed by the board may register any qualified elector of this state. GAB or a municipal clerk or board of election commissioners may revoke the appointment of an individual for cause, and no individual whose appointment is revoked is eligible for reappointment. This substitute amendment discontinues appointment and revocation of special registration deputies by GAB.

Voter registration information

This substitute amendment requires an elector who registers to vote on or after the day the substitute amendment becomes law to provide, in addition to his or her current residence location as presently required, the location of his or her previous residence immediately before moving to his or her current residence location. The substitute amendment also requires the registration form to include the following statement below the space for the elector's signature: "Falsification of information on this form is punishable under Wisconsin law as a Class I felony.".

Access to voter registration list

Currently, the statewide voter registration list is open to public inspection. However, only authorized election officials may view certain personal information in the list. This substitute amendment permits a municipal clerk or board of election commissioners to provide a law enforcement agency of the federal government or any state or local government with access to this personal information to be used for law enforcement purposes. The substitute amendment also permits GAB to provide this personal information to a subunit of the state government of another state to be used for official purposes.

Revision of registration list

Currently, municipal clerks and boards of election commissioners must enter registration changes received on the date of an election in the statewide voter registration system within 30 days after the date of that election. This substitute amendment permits these updates to be entered within 45 days after a general (November) election and also permits the legal counsel of GAB, upon request of a clerk or board, to permit the clerk or board to enter changes received on the date of the general election within 60 days after the date of that election.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB7-SSA1, s. 1 Section 1. 5.02 (6m) of the statutes is created to read:

AB7-SSA1,8,2 5.02 (6m) "Identification" means any of the following documents issued to an individual:

AB7-SSA1,8,4 (a) One of the following documents that is unexpired or if expired has expired after the date of the most recent general election:

AB7-SSA1,8,5 1. An operator's license issued under ch. 343.

AB7-SSA1,8,6 2. An identification card issued under s. 343.50.

AB7-SSA1,8,7 3. An identification card issued by a U.S. uniformed service.

AB7-SSA1,8,8 4. A U.S. passport.

AB7-SSA1,8,10 (b) A certificate of U.S. naturalization that was issued not earlier than 2 years before the date of an election at which it is presented.

AB7-SSA1,8,11 (c) An unexpired driving receipt under s. 343.11.

AB7-SSA1,8,12 (d) An unexpired identification card receipt issued under s. 343.50.

AB7-SSA1,8,14 (e) An identification card issued by a federally recognized Indian tribe in this state.

AB7-SSA1,8,17 (f) An unexpired identification card approved by the board that is issued by a university or college in this state that is accredited, as defined in s. 39.30 (1) (d), or by a technical college created under ch. 38.