AB738: Bill Text

LRB-4197/1

JTK&ARG:med:ph

2011 - 2012 LEGISLATURE

2011 Assembly BILL 738

March 15, 2012 - Introduced by Representatives C. Taylor, Zamarripa, Hulsey, Seidel, Kessler, Pope-Roberts, Pasch, Mason, Pocan, Berceau, Roys, Ringhand, Doyle, Molepske Jr, Sinicki, Bewley, Hebl, Fields and Turner, cosponsored by Senators Taylor, Holperin, Risser and Vinehout. Referred to Committee on Election and Campaign Reform.

AB738,1,6 An Act to amend 5.02 (16c), 5.86 (3), 6.79 (2) (a), 6.82 (1) (a), 7.08 (1) (c), 7.51 (5) (a) 4., 7.51 (5) (b) and 7.515 (6) (b); and to create 5.02 (6m) (h) and 110.085 of the statutes; relating to: mobile examining stations operated by the Department of Transportation for processing operator's license and identification card applications and use of an affidavit by certain electors as proof of identification for voting.

Analysis by the Legislative Reference Bureau

Current law requires the Department of Transportation (DOT) to operate examining stations (DMV service centers) in each county. Also under current law, as created in 2011 Wisconsin Act 32 (the Biennial Budget Act), DOT must provide in each county, directly or by contract, at least 20 hours per week of services relating to operator's licenses and identification cards.

Also under current law, DOT issues driving receipts and identification card receipts, which serve as a temporary operator's license or identification card while an application is being processed by DOT. An unexpired driving receipt or identification card receipt may be used as proof of identification for voting.

This bill requires DOT to operate mobile DMV service centers at which DOT receives applications for operator's licenses and identification cards and issues driving receipts and identification card receipts. These mobile DMV service centers must be used to provide services to persons who, because of age or physical disability, have difficulty traveling to, or waiting for customer assistance at, permanent DMV service centers. DOT must maximize the use of these mobile DMV service centers in the four weeks immediately preceding an election and on the day of an election. At these mobile DMV service centers, DOT must provide priority service to applicants seeking proof of identification for voting.

Currently, with certain exceptions, an individual who votes in an election must present proof of identification in order to vote. The proof may consist of one of a number of documents specified by law 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 registered to vote, and, with limited exceptions, that contains a photograph of the individual. With certain exceptions, an individual who casts an absentee ballot by mail must enclose a copy of his or her proof of identification with his or her absentee ballot application.

This bill provides that if an individual is not able to present any of the documents specified by law because the individual has not been able to obtain one of those documents through diligent efforts, the individual may use an affidavit in the form prescribed by the Government Accountability Board as proof of identification if the affidavit specifies the individual's name and address, affirms the individual's identity, and states that the address given is the individual's residence.

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:

AB738, s. 1 Section 1. 5.02 (6m) (h) of the statutes is created to read:

AB738,2,6 5.02 (6m) (h) If an individual is not able to present any of the documents specified in pars. (a) to (f) because the individual has not been able to obtain one of those documents through diligent efforts, an affidavit in the form prescribed by the board specifying the individual's identity and stating that the address given is the individual's residence.

AB738, s. 2 Section 2. 5.02 (16c) of the statutes, as created by 2011 Wisconsin Act 23, is amended to read:

AB738,3,2 5.02 (16c) "Proof of identification" means identification that contains the name of the individual to whom the document was issued, which name conforms to the individual's voter registration form, if the individual is required to register to vote, and that contains a photograph of the individual, except as authorized in sub. (6m) (h) or s. 343.14 (3m) or 343.50 (4g).

AB738, s. 3 Section 3. 5.86 (3) of the statutes, as created by 2011 Wisconsin Act 115, is amended to read:

AB738,3,12 5.86 (3) Upon completion of the central count at a county seat, the county clerk shall return any ballots, statements, tally sheets, or envelopes, and affidavits relating solely to a municipal election to the appropriate municipal clerk and any ballots, statements, tally sheets, or envelopes, and affidavits relating solely to a school district election to the school district clerk. In addition, the county clerk shall report the results of the central count of votes for each office or referendum by ward or by combined wards authorized under s. 5.15 (6) (b) to the municipal clerk of the municipality where the votes are cast.

AB738, s. 4 Section 4. 6.79 (2) (a) of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

AB738,4,3 6.79 (2) (a) Unless information on the poll list is entered electronically, the municipal clerk shall supply the inspectors with 2 copies of the most current official registration list or lists prepared under s. 6.36 (2) (a) for use as poll lists at the polling place. Except as provided in subs. (6) and (7), each eligible elector, before receiving a serial number, shall state his or her full name and address and present to the officials proof of identification. The officials shall verify that the name on the proof of identification presented by the elector conforms to the name on the poll list or separate list and shall verify that any photograph appearing on that document reasonably resembles the elector. If the elector uses an affidavit as proof of identification, the officials shall retain the affidavit. The officials shall then require the elector to enter his or her signature on the poll list, supplemental list, or separate list maintained under par. (c) unless the elector is exempt from the signature requirement under s. 6.36 (2) (a). The officials shall verify that the name and address stated by the elector conform to the elector's name and address on the poll list.

AB738, s. 5 Section 5. 6.82 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

AB738,5,6 6.82 (1) (a) When any inspectors are informed that an eligible elector is at the entrance to the polling place who as a result of disability is unable to enter the polling place, they shall permit the elector to be assisted in marking a ballot by any individual selected by the elector, except the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector. Except as authorized in s. 6.79 (6) and (7), the individual selected by the elector shall present to the inspectors proof of identification and, if the proof of identification does not constitute proof of residence under s. 6.34, shall also provide proof of residence under s. 6.34 for the assisted elector, whenever required, and all other information necessary for the elector to obtain a ballot under s. 6.79 (2). The inspectors shall verify that the name on the proof of identification presented by the person assisting the elector conforms to the elector's name on the poll list or separate list and shall verify that any photograph appearing on that document reasonably resembles the elector. If the elector uses an affidavit as proof of identification, the officials shall retain the affidavit. The inspectors shall then issue a ballot to the individual selected by the elector and shall accompany the individual to the polling place entrance where the assistance is to be given. If the ballot is a paper ballot, the assisting individual shall fold the ballot after the ballot is marked by the assisting individual. The assisting individual shall then immediately take the ballot into the polling place and give the ballot to an inspector. The inspector shall distinctly announce that he or she has "a ballot offered by .... (stating person's name), an elector who, as a result of disability, is unable to enter the polling place without assistance". The inspector shall then ask, "Does anyone object to the reception of this ballot?" If no objection is made, the inspectors shall record the elector's name under s. 6.79 and deposit the ballot in the ballot box, and shall make a notation on the poll list: "Ballot received at poll entrance".

AB738, s. 6 Section 6. 7.08 (1) (c) of the statutes is amended to read:

AB738,5,12 7.08 (1) (c) Prescribe forms required by ss. 5.02 (6m) (h), 6.24 (3) and (4), 6.30 (4), 6.33 (1), 6.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.

AB738, s. 7 Section 7. 7.51 (5) (a) 4. of the statutes is amended to read:

AB738,5,15 7.51 (5) (a) 4. The inspectors shall immediately deliver all ballots, statements, tally sheets, lists, and envelopes, and affidavits to the municipal clerk.

AB738, s. 8 Section 8. 7.51 (5) (b) of the statutes, as affected by 2011 Wisconsin Acts 75 and 115, is amended to read:

AB738,6,10 7.51 (5) (b) The municipal clerk shall deliver all ballots, statements, tally sheets, lists, and envelopes relating to a school district election to the school district clerk, excluding any absentee ballots that are received after the closing hour on election night and any provisional ballots, by 4 p.m. on the day following each such election and shall deliver to the school district clerk any amended statements, tally sheets, and lists for additional provisional and absentee ballots canvassed under s. 6.97 (4) or 7.515 (6) (b) no later than 4 p.m. on the Monday after the election. The municipal clerk shall deliver to the county clerk the ballots, statements, tally sheets, lists, and envelopes, and affidavits for his or her municipality relating to any county, technical college district, state, or national election no later than 4 p.m. on the day following each such election or, in municipalities where absentee ballots are canvassed under s. 7.52, by 4 p.m. on the 2nd day following each such election, and shall deliver to the county clerk any additional provisional and absentee ballots canvassed under s. 6.97 (4) or 7.515 (6) (b) together with amended statements, tally sheets, lists, and envelopes, and affidavits no later than 4 p.m. on the Monday after the election. The person delivering the returns shall be paid out of the municipal treasury. Each clerk shall retain ballots, statements, tally sheets, or envelopes and affidavits received by the clerk until destruction is authorized under s. 7.23 (1).

AB738, s. 9 Section 9. 7.515 (6) (b) of the statutes, as affected by 2011 Wisconsin Acts 75 and 115, is amended to read:

AB738,6,22 7.515 (6) (b) Whenever a board of canvassers receives notification from a municipal clerk under par. (a), the board of canvassers shall meet no later than 9 a.m. on the Monday after the election. The board of canvassers shall proceed to open and record the names of the absentee electors whose ballots have been received. If the ballot cast by an absentee elector is otherwise valid, the board of canvassers shall count the ballot and adjust the statements, certifications, and determinations accordingly. If the municipal clerk transmits returns of the election to the county clerk, the municipal clerk shall transmit to the county clerk a copy of the amended returns together with all additional ballots and, envelopes, and affidavits reviewed by the board of canvassers and with amended tally sheets.

AB738, s. 10 Section 10. 110.085 of the statutes is created to read:

AB738,7,9 110.085 Mobile examining stations. The department shall operate mobile examining stations, at which the department shall receive applications for operator's licenses under ch. 343 and identification cards under s. 343.50 and issue driving receipts under s. 343.11 and identification card receipts under s. 343.50 (1) (c). These mobile examining stations shall be used to provide services to persons who, because of age or physical disability, have difficulty traveling to, or waiting for customer assistance at, permanent examining stations of the department. The department shall maximize the use of these mobile examining stations in the 4 weeks immediately preceding an election and on the day of an election. At these mobile examining stations, the department shall provide priority service to applicants seeking proof of identification for voting.

AB738, s. 11 Section 11. Initial applicability.

AB738,7,15 (1) The treatment of sections 5.02 (6m) (h) and (16c), 5.86 (3), 6.79 (2) (a), 6.82 (1) (a), 7.08 (1) (c), 7.51 (5) (a) 4. and (b), and 7.515 (6) (b) of the statutes first applies with respect to voting at the first election to be held following the effective date of this subsection for which declarations of candidacy are due for filing on or after the effective date of this subsection.

AB738, s. 12 Section 12. Effective dates. This act takes effect on the day after publication, except as follows:

AB738,7,19 (1) The treatment of section 110.085 of the statutes takes effect on the first day of the 7th month beginning after publication.

AB738,7,20 (End)