AB259: Bill Text

LRB-1406/2

RJM/JTK/TNF:kmg:pg

2001 - 2002 LEGISLATURE

2001 Assembly BILL 259

March 30, 2001 - Introduced by Representatives Walker, Ladwig, Gundrum, Huebsch, M. Lehman, Starzyk, Urban, Seratti, Stone, Sykora, Krawczyk, Owens, Gunderson, Vrakas, Jeskewitz, Hundertmark, Leibham and Ott, cosponsored by Senators Schultz, Darling, Huelsman, Farrow and Roessler. Referred to Committee on Campaigns and Elections.

AB259,1,10 An Act to repeal 6.15 (3) (a) (title), 6.15 (3) (b) (title) and 6.56 (5); to renumber and amend 6.15 (3) (a) 1., 2. and 3. and 6.15 (3) (b); to amend 5.40 (6), 6.15 (2) (title), 6.15 (2) (a) (intro.), 6.29 (1), 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (c) 2., 6.55 (2) (d), 6.55 (3), 6.55 (7) (c) 1., 6.55 (7) (c) 2., 6.79 (1), 6.79 (2), 6.79 (3), 6.79 (4), 6.79 (6) (a), 6.79 (6) (b), 6.82 (1) (a), 6.86 (1) (ar), 10.02 (3) (a), 343.50 (5) and 343.50 (6); to repeal and recreate 6.79 (6) (title); and to create 6.15 (2) (bm), 6.15 (2) (d) 1g., 6.15 (2) (e) and 6.79 (6) (am) of the statutes; relating to: identification required in order to vote at a polling place or obtain an absentee ballot and the fee for an identification card issued by the department of transportation.

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.

This bill repeals the authority for an elector to utilize corroboration in order to register or vote on election day. With certain limited exceptions, this bill also 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 in person at the office of the municipal clerk. In addition, this bill 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.

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:

AB259, s. 1 Section 1. 5.40 (6) of the statutes is amended to read:

AB259,2,4 5.40 (6) A municipality which utilizes voting machines or an electronic voting system at a polling place may permit use of the machines or system by electors voting under s. 6.15 only as authorized under s. 6.15 (3) (b).

AB259, s. 2 Section 2. 6.15 (2) (title) of the statutes is amended to read:

AB259,2,6 6.15 (2) (title) Application for ballot Procedure at clerk's office.

AB259, s. 3 Section 3. 6.15 (2) (a) (intro.) of the statutes is amended to read:

AB259,3,5 6.15 (2) (a) (intro.) The elector's request for the application form may be made to the proper municipal clerk either in person or in writing any time during the 10-day period in which the elector's residence requirement is incomplete, but not later than the applicable deadline for making application for an absentee ballot. Except as provided in par. (e), application may be made not sooner than 9 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in for the ward or election district in which the elector resides. The 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 oaths. The affidavit shall be in substantially the following form:

AB259, s. 4 Section 4. 6.15 (2) (bm) of the statutes is created to read:

AB259,3,10 6.15 (2) (bm) When making application in person at the office of the municipal clerk, each applicant shall present a valid operator's license issued to the person under ch. 343 that contains a photograph of the license holder or present a valid identification card issued to the person under s. 343.50.

AB259, s. 5 Section 5. 6.15 (2) (d) 1g. of the statutes is created to read:

AB259,3,16 6.15 (2) (d) 1g. If the elector makes application in person at the office of the municipal clerk, the clerk shall verify that the name on the identification provided by the elector under par. (bm) is the same as the name on the elector's application and shall verify that the photograph contained in the identification reasonably resembles the elector.

AB259, s. 6 Section 6. 6.15 (2) (e) of the statutes is created to read:

AB259,3,23 6.15 (2) (e) If the elector makes application in writing but does not appear in person, and the clerk receives a properly completed application and cancellation card from the elector, the clerk shall provide the elector with a ballot. If the ballot is to be mailed, the application must be received no later than 5 p.m. on the Friday before the election. In order to be counted, the ballot must be received by the municipal clerk no later than 5 p.m. on the day before the election.

AB259, s. 7 Section 7. 6.15 (3) (a) (title) of the statutes is repealed.

AB259, s. 8 Section 8. 6.15 (3) (a) 1., 2. and 3. of the statutes are renumbered 6.15 (2) (d) 1r., 2. and 3., and 6.15 (2) (d) 1r., as renumbered, is amended to read:

AB259,4,13 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card, and compliance with subd. 1g., the municipal clerk shall inform the elector that he or she may vote for the presidential electors not sooner than 9 days nor later than 5 p.m. on the day before the election at the office of the municipal clerk, or at a specified polling place on election day. When voting at the municipal clerk's office, the applicant shall provide identification and permit the elector to cast his or her ballot for president and vice president. The elector shall then mark or punch the ballot in the clerk's presence in a manner that will not disclose his or her vote. Unless the ballot is utilized with an electronic voting system, the applicant elector shall fold the ballot so as to conceal his or her vote. The applicant elector shall then deposit the ballot and seal it in an envelope furnished by the clerk.

AB259, s. 9 Section 9. 6.15 (3) (b) (title) of the statutes is repealed.

AB259, s. 10 Section 10. 6.15 (3) (b) of the statutes is renumbered 6.15 (3) and amended to read:

AB259,5,9 6.15 (3) Voting procedure Procedure at polling place. An eligible elector may appear at the polling place for the ward or election district where he or she resides and make application for a ballot under sub. (2). In such case, the inspector or special registration deputy Except as otherwise provided in this subsection, an elector who casts a ballot under this subsection shall follow the same procedure required for casting a ballot at the municipal clerk's office under sub. (2). The inspectors shall perform the duties of the municipal clerk. The elector shall provide identification. If the elector is qualified, he or she shall be permitted to vote, except that the inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk and the clerk shall forward the card as provided under sub. (2) (c) if required. Upon proper completion of the application and cancellation card and compliance with sub. (2) (d) 1g., the inspectors shall permit the elector to cast his or her ballot for president and vice president. The elector shall then mark or punch the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and shall deposit the ballot into the ballot box or give it to the inspector. The inspector shall deposit it directly into the ballot box. Voting machines or ballots utilized with electronic voting systems may be used by electors voting under this section if they permit voting for president and vice president only.

AB259, s. 11 Section 11. 6.29 (1) of the statutes is amended to read:

AB259,5,15 6.29 (1) No names may be added to a registration list for any election after the close of registration, except as authorized under this section or s. 6.28 (1) or 6.55 (2). Any person whose name is not on the registration list but who is otherwise a qualified elector is entitled to vote at the election upon compliance with this section, if the person complies with all other requirements for voting at the polling place.

AB259, s. 12 Section 12. 6.55 (2) (b) of the statutes is amended to read:

AB259,6,5 6.55 (2) (b) Upon executing the registration form under par. (a), the person shall be required by a special registration deputy or inspector to present a valid operator's license issued to the person under ch. 343 that contains the photograph of the license holder or a valid identification card issued to the person under s. 343.50. If the identification presented is not acceptable proof of residence under sub. (7), the person shall also present acceptable proof of residence under sub. (7). If the person cannot supply such proof, the registration form shall be substantiated and signed by one other elector who resides in the same municipality as the registering elector, corroborating all the material statements therein. The corroborator shall then provide acceptable proof of residence. The signing by the elector executing the registration form and by any elector who corroborates the information in the form under par. (a) shall be in the presence of the special registration deputy or inspector. Upon compliance with this procedure and all other requirements for voting at the polling place, such person shall then be given the right to vote.

AB259, s. 13 Section 13. 6.55 (2) (c) 1. of the statutes is amended to read:

AB259,7,4 6.55 (2) (c) 1. As an alternative to registration at the polling place under pars. (a) and (b), the board of election commissioners, or the governing body of any municipality in which registration is required may by resolution require a person who qualifies as an elector and who is not registered and desires to register on the day of an election to do so at another readily accessible location in the same building as the polling place serving the elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b), instead of at the polling place serving the elector's residence. In such case, the municipal clerk shall prominently post a notice of the registration location at the polling place. The municipal clerk, deputy clerk, or special registration deputy at the registration location shall require such person to execute a registration form as prescribed under par. (a) and to present a valid operator's license issued to the person under ch. 343 that contains the photograph of the license holder or a valid identification card issued to the person under s. 343.50. If the identification presented is not acceptable proof of residence under sub. (7), the person shall also provide acceptable proof of residence as provided under sub. (7). If the person cannot supply such proof, the registration form shall be corroborated in the manner provided in par. (b). The signing by the elector executing the registration form and by any corroborating elector as prescribed under par. (a) shall be in the presence of the municipal clerk, deputy clerk, or special registration deputy. Upon proper completion of registration, the municipal clerk, deputy clerk, or special registration deputy shall serially number the registration and give one copy to the elector for presentation at the polling place serving the elector's residence or an alternate polling place assigned under s. 5.25 (5) (b).

AB259, s. 14 Section 14. 6.55 (2) (c) 2. of the statutes is amended to read:

AB259,7,13 6.55 (2) (c) 2. Upon compliance with the procedures under subd. 1., the municipal clerk or deputy clerk shall issue a certificate addressed to the inspectors of the proper polling place directing that the elector be permitted to cast his or her vote. If the elector's registration is corroborated, the clerk shall enter the name and address of the corroborator on the face of the certificate if the elector complies with all requirements for voting at the polling place. The certificate shall be numbered serially and prepared in duplicate. The municipal clerk shall preserve one copy in his or her office.

AB259, s. 15 Section 15. 6.55 (2) (d) of the statutes is amended to read:

AB259,7,21 6.55 (2) (d) A registered elector who has changed his or her name but resides at the same address, and has not notified the municipal clerk under s. 6.40 (1) (c), shall notify the inspector of the change before voting. The inspector shall then notify the municipal clerk at the time which materials are returned under s. 6.56 (1). If an elector changes has changed both a name and address, the elector shall complete a registration form register at the polling place or other registration location under pars. (a) and (b).

AB259, s. 16 Section 16. 6.55 (3) of the statutes is amended to read:

AB259,8,23 6.55 (3) Any qualified elector in the ward or election district where the elector desires to vote whose name does not appear on the registration list where registration is required but who claims to be registered to vote in the election may request permission to vote at the polling place for that ward or election district. When the request is made, the inspector shall require the person to give his or her name and address. If the elector is not at the polling place which serves the ward or election district where the elector resides, the inspector shall provide the elector with directions to the correct polling place. If the elector is at the correct polling place, the elector shall then execute the following written statement: "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 days immediately preceding this election, and that I am not disqualified on any ground from voting, and I have not voted at this election and am properly registered to vote in this election." The person shall be required to provide present a valid operator's license issued to the person under ch. 343 that contains a photograph of the license holder or present a valid identification card issued to the person under s. 343.50. If any identification presented by the person is not acceptable proof of residence as provided under sub. (7), the person shall also present acceptable proof of residence as provided under sub. (7) and shall then be given the right to vote. If acceptable proof is presented, the elector need not have the information corroborated by any other elector. If acceptable proof is not presented, the statement shall be certified by the elector and shall be corroborated by another elector who resides in the municipality. The corroborator shall then provide acceptable proof of residence as provided in sub. (7). Whenever the question of identity or residence cannot be satisfactorily resolved and the elector cannot be permitted to vote, an inspector shall telephone the office of the municipal clerk to reconcile the records at the polling place with those at the office.

AB259, s. 17 Section 17. 6.55 (7) (c) 1. of the statutes is amended to read:

AB259,9,2 6.55 (7) (c) 1. A Wisconsin motor vehicle An operator's license issued under ch. 343.

AB259, s. 18 Section 18. 6.55 (7) (c) 2. of the statutes is amended to read:

AB259,9,5 6.55 (7) (c) 2. A Wisconsin An identification card issued under s. 125.08, 1987 stats. s. 343.50.

AB259, s. 19 Section 19. 6.56 (5) of the statutes is repealed.

AB259, s. 20 Section 20. 6.79 (1) of the statutes is amended to read:

AB259,9,25 6.79 (1) Municipalities without registration. Except as provided in sub. (6) (a), where there is no registration, before being permitted to vote, each person shall state his or her full name and address and present to the officials a valid operator's license issued to the person under ch. 343 that contains a photograph of the license holder or present a valid identification card issued to the person under s. 343.50. The officials shall enter each name and address on a poll list in the same order as the votes are cast. If the residence of the elector does not have a number, the election officials shall, in the appropriate space, enter "none". Alternatively, the municipal clerk may maintain a poll list consisting of the full name and address of electors compiled from previous elections. Whenever an elector appears to vote, the officials shall verify the correctness of the elector's name and address, and shall enter a serial number next to the name of the elector in the order that the votes are cast, beginning with the number one. If the name and address of an elector do not appear on the prepared poll list, the officials shall enter the name, address and serial number of the elector at the bottom of the list. Except as provided in sub. (6), before being permitted to vote, each elector shall present to the officials a valid operator's license issued to the elector under ch. 343 that contains a photograph of the license holder or present a valid identification card issued to the elector under s. 343.50. The officials may require any elector to provide identification, including acceptable proof of residence, or to have another elector corroborate his or her information in accordance with the procedure specified in s. 6.55 (2) (b) under s. 6.55 (7) before permitting the elector to vote. An elector who presents an identification card under sub. (6) (a) is not required to provide separate identification. The officials shall maintain a separate list of those persons voting under ss. 6.15 and 6.24.

AB259, s. 21 Section 21. 6.79 (2) of the statutes is amended to read: