AB814: Bill Text

LRB-4101/1

JTK:bjk:ph

2009 - 2010 LEGISLATURE

2009 Assembly BILL 814

March 9, 2010 - Introduced by Representatives Kramer, Petersen, Davis, Knodl, Vos, Zipperer, Huebsch, Townsend, Strachota, Gunderson, J. Ott, Suder and LeMahieu, cosponsored by Senators Kanavas, Carpenter, Lazich, Hopper, Darling, Leibham, Schultz and Olsen. Referred to Committee on Elections and Campaign Reform.

AB814,1,7 An Act to renumber 6.79 (3); to renumber and amend 6.87 (4) and 6.97 (3); to amend 5.35 (6) (a) 4a., 6.29 (1), 6.33 (1), 6.79 (2) (a) and (d), 6.79 (3) (title), 6.82 (1) (a), 6.86 (1) (ac), 6.86 (1) (ar), 6.86 (3) (a) 1., 6.869, 6.87 (3) (d), 6.875 (6) (c) 1., 6.88 (3) (a), 6.97 (title), 6.97 (1) and (2), 6.97 (4), 7.08 (1) (c), 7.08 (8) (title), 7.52 (3) (a) and 10.02 (3) (form) (a); and to create 6.345, 6.36 (2) (d), 6.79 (3) (b), 6.79 (7), 6.87 (4) (b), 6.965 and 6.97 (3) (a) and (c) of the statutes; relating to: an optional identification requirement for voting in elections.

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 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 another qualified elector who resides in the same municipality to corroborate the elector's registration information. 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 bill permits any elector, at the time of registration, to elect to be required to provide identification in order to vote in an election. The bill also permits a registered elector to elect to be required to provide identification in order to vote by appearing in person at the office of the municipal clerk or board of election commissioners of the municipality where the elector resides. The elector must sign a statement making the election and provide identification.

Under the bill, the permissible types of identification are: 1) a valid Wisconsin driver's license issued by the Department of Transportation (DOT); 2) a valid, current identification card issued by a U.S. uniformed service; or 3) a valid Wisconsin identification card issued by DOT. With certain limited exceptions, if an elector decides to be subject to an identification requirement, the bill requires the elector to enclose a copy of his or her identification when voting an absentee ballot by mail. Under the bill, if an elector who votes at a polling place has elected to be subject to the identification requirement and fails to provide identification, the elector may vote provisionally. If an elector who votes by absentee ballot has elected to be subject to the identification requirement and fails to enclose a copy of the identification with his or her ballot, 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 elector may then provide the required identification either at the polling place before the closing hour or at the office of the clerk or board. If the elector does not provide the required identification to the clerk or board by 4 p.m. on the day following the election, the person's vote is not counted.

The bill provides that an elector who elects to be subject to an identification requirement may revoke the election by appearing at the office of the municipal clerk or board of election commissioners of the municipality where he or she resides and filing a written revocation request. Under the bill, an election to be subject to an identification requirement or a revocation of an election must be filed at least 31 days before the election at which it initially applies.

For further information see the state and local 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:

AB814, s. 1 Section 1. 5.35 (6) (a) 4a. of the statutes is amended to read:

AB814,2,4 5.35 (6) (a) 4a. Instructions prescribed by the board for electors for whom identification is required under s. 6.345 or for whom proof of residence under s. 6.34 is required under s. 6.55 (2).

AB814, s. 2 Section 2. 6.29 (1) of the statutes is amended to read:

AB814,3,6 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. 6.55 (2) or 6.86 (3) (a) 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.

AB814, s. 3 Section 3. 6.33 (1) of the statutes is amended to read:

AB814,4,13 6.33 (1) The board shall prescribe the format, size, and shape of registration forms. All forms shall be printed on cards and each item of information shall be of uniform font size, as prescribed by the board. The municipal clerk shall supply sufficient forms to meet voter registration needs. The forms shall be designed to obtain from each applicant information as to name; date; residence location; citizenship; date of birth; age; the number of a valid operator's license issued to the elector under ch. 343 or the last 4 digits of the elector's social security account number; whether the applicant has resided within the ward or election district for at least 10 days; whether the applicant elects to be subject to an identification requirement under s. 6.345 (1); whether the applicant has been convicted of a felony for which he or she has not been pardoned, and if so, whether the applicant is incarcerated, or on parole, probation, or extended supervision; whether the applicant is disqualified on any other ground from voting; and whether the applicant is currently registered to vote at any other location. The form shall include a space for the applicant's signature and the signature of any corroborating elector. The form shall include a space to enter the name of any special registration deputy under s. 6.26 or 6.55 (6) or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name, affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form. The form shall include a space for entry of the ward and aldermanic district, if any, where the elector resides and any other information required to determine the offices and referenda for which the elector is certified to vote. The form shall also include a space where the clerk may record an indication of whether the form is received by mail, a space where the clerk may record an indication of the type of identifying document submitted by the elector as proof of residence under s. 6.34, whenever required, and a space where the clerk, for any applicant who possesses a valid voting identification card issued to the person under s. 6.47 (3), may record the identification serial number appearing on the voting identification card. Each county clerk shall obtain sufficient registration forms for completion by an elector who desires to register to vote at the office of the county clerk under s. 6.28 (4).

AB814, s. 4 Section 4. 6.345 of the statutes is created to read:

AB814,4,17 6.345 Optional identification requirement. (1) Any elector may, at the time of registration, elect to be required to present identification whenever the elector votes at an election.

AB814,4,24 (2) Any elector who is registered to vote may, by appearing in person at the office of the municipal clerk or board of election commissioners of the municipality where the elector resides, elect to be required to present identification whenever the elector votes at an election. The municipal clerk or board of election commissioners shall require an elector who makes a request under this subsection to present identification and sign a request on a form prescribed by the government accountability board.

AB814,5,3 (3) Except as provided in ss. 6.79 (7) and 6.87 (4) (b), if an elector has elected to be required to present identification under this section, the elector may not vote in an election unless the elector presents identification.

AB814,5,7 (4) An elector who files an election under sub. (1) or (2) may, by appearing personally at the office of the municipal clerk or board of election commissioners of the municipality where the elector resides, file a written revocation of the election on a form prescribed by the government accountability board.

AB814,5,11 (5) An election or revocation under this section becomes effective on the 31st day before the next election occurring in the municipality after the election is filed, or if filed later than the 31st day before the next election, on the 31st day before the 2nd succeeding election occurring in the municipality after the election is filed.

AB814,5,12 (6) In this section, "identification" means any of the following:

AB814,5,13 (a) A valid operator's license issued to the elector under ch. 343.

AB814,5,14 (b) A valid identification card issued to the elector under s. 343.50.

AB814,5,16 (c) A valid, current identification card issued to the elector by a U.S. uniformed service.

AB814, s. 5 Section 5. 6.36 (2) (d) of the statutes is created to read:

AB814,5,20 6.36 (2) (d) The list shall contain, next to the name of each elector, an indication of whether the elector has elected to be required to provide identification under s. 6.345.

AB814, s. 6 Section 6. 6.79 (2) (a) and (d) of the statutes are amended to read:

AB814,6,7 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 sub. subs. (6) and (7), each person elector, before receiving a serial number, shall state his or her full name and address and, if the poll list indicates that the elector has elected to be subject to an identification requirement under s. 6.345, present to the officials a valid operator's license issued to the elector under ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed service, or a valid identification card issued to the elector under s. 343.50. The officials shall verify that the name and address provided stated by the person elector are the same as the person's elector's name and address on the poll list.

AB814,6,16 (d) If the poll list, indicates that proof of residence under s. 6.34 is required and any document provided by the elector under par. (a) does not constitute proof of residence under s. 6.34, the officials shall require the elector to provide proof of residence. If proof of residence is provided, the officials shall verify that the name and address on the document submitted as proof of residence provided is the same as the name and address shown on the registration list. If proof of residence is required and not provided, or if the elector does not present a license or identification card under par. (a), whenever required, the officials shall offer the opportunity for the elector to vote under s. 6.97.

AB814, s. 7 Section 7. 6.79 (3) (title) of the statutes is amended to read:

AB814,6,19 6.79 (3) (title) Refusal to give name and address provide name, address, license, or identification card.

AB814, s. 8 Section 8. 6.79 (3) of the statutes is renumbered 6.79 (3) (a).

AB814, s. 9 Section 9. 6.79 (3) (b) of the statutes is created to read:

AB814,7,3 6.79 (3) (b) If the poll list indicates that the elector has elected to be subject to an identification requirement under s. 6.345 and identification under sub. (2) is not provided by the elector, or if the name or any photograph appearing on the document that is provided cannot be verified by the officials, the elector shall not be permitted to vote, except as authorized under sub. (7), but if the elector is entitled to cast a provisional ballot under s. 6.97, the officials shall offer the opportunity for the elector to vote under s. 6.97.

AB814, s. 10 Section 10. 6.79 (7) of the statutes is created to read:

AB814,7,12 6.79 (7) License surrender. If an elector is required to provide identification under s. 6.345 and the elector receives a citation or notice of intent to revoke or suspend an operator's license from a law enforcement officer in any jurisdiction that is dated within 60 days of the date of an election and the elector is required to surrender his or her operator's license issued to the elector under ch. 343 at the time the citation or notice is issued, the elector may present an original copy of the citation or notice in lieu of an operator's license under ch. 343. In such case, the elector shall cast his or her ballot under s. 6.965.

AB814, s. 11 Section 11. 6.82 (1) (a) of the statutes is amended to read:

AB814,8,12 6.82 (1) (a) When any inspectors are informed that an 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. The If the elector is required to provide identification under s. 6.345, except as authorized in s. 6.79 (7), the individual selected by the elector shall present to the inspectors a valid operator's license issued to the elector under ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed service, or a valid identification card issued to the elector under s. 343.50 and, if the license or identification card 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 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".

AB814, s. 12 Section 12. 6.86 (1) (ac) of the statutes is amended to read:

AB814,8,19 6.86 (1) (ac) Any elector qualifying under par. (a) may make written application to the municipal clerk for an official ballot by means of facsimile transmission or electronic mail. Any application under this paragraph shall contain a copy of the applicant's original signature. An elector requesting a ballot under this paragraph shall return with the voted ballot a copy of the request bearing an original signature of the elector as provided in s. 6.87 (4) (a).

AB814, s. 13 Section 13. 6.86 (1) (ar) of the statutes is amended to read:

AB814,9,7 6.86 (1) (ar) Except as authorized in s. 6.875 (6), the municipal clerk shall not issue an absentee ballot unless the clerk receives a written application therefor from a qualified elector of the municipality. The clerk shall retain each absentee ballot application until destruction is authorized under s. 7.23 (1). Except as authorized in s. 6.79 (7), if an elector is required to provide identification under s. 6.345 and the elector applies for an absentee ballot in person at the clerk's office, the clerk shall not issue the elector an absentee ballot unless the elector presents a valid operator's license issued to the elector under ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed service, or a valid identification card issued to the elector under s. 343.50. Notwithstanding s. 343.43 (1) (f), the clerk shall make a copy of the document presented by the elector and shall enclose the copy in the certificate envelope.

AB814, s. 14 Section 14. 6.86 (3) (a) 1. of the statutes is amended to read:

AB814,9,19 6.86 (3) (a) 1. Any elector who is registered and who is hospitalized, may apply for and obtain an official ballot by agent. The agent may apply for and obtain a ballot for the hospitalized absent elector by presenting a form prescribed by the board and containing the required information supplied by the hospitalized elector and signed by that elector and any other elector residing in the same municipality as the hospitalized elector, corroborating the information contained therein. The corroborating elector shall state on the form his or her full name and address. Except as authorized in s. 6.87 (4) (b), if the elector is required to provide identification under s. 6.345, the agent shall present the identification required under sub. (1) (ar). Notwithstanding s. 343.43 (1) (f), the clerk shall make a copy of the document presented by the agent and shall enclose the copy in the certificate envelope.

AB814, s. 15 Section 15. 6.869 of the statutes is amended to read:

AB814,9,25 6.869 Uniform instructions. The board shall prescribe uniform instructions for absentee voters. The instructions shall include information concerning the procedure for correcting errors in marking a ballot and obtaining a replacement for a spoiled ballot. The procedure shall, to the extent possible, respect the privacy of each elector and preserve the confidentiality of each elector's vote. For electors who are subject to an identification requirement under s. 6.345, the instructions shall include information regarding the identification that is required under s. 6.86 (1) (ar) or the copy of the identification that is required under s. 6.87 (4).

AB814, s. 16 Section 16. 6.87 (3) (d) of the statutes is amended to read:

AB814,10,24 6.87 (3) (d) A municipal clerk may, if the clerk is reliably informed by an absent elector of a facsimile transmission number or electronic mail address where the elector can receive an absentee ballot, transmit a facsimile or electronic copy of the absent elector's ballot to that elector in lieu of mailing under this subsection if, in the judgment of the clerk, the time required to send the ballot through the mail may not be sufficient to enable return of the ballot by the time provided under sub. (6). An elector may receive an absentee ballot under this subsection only if the elector has filed a valid application for the ballot under s. 6.86 (1). If the clerk transmits an absentee ballot under this paragraph, the clerk shall also transmit a facsimile or electronic copy of the text of the material that appears on the certificate envelope prescribed in sub. (2), together with instructions prescribed by the board. The instructions shall require the absent elector to make and subscribe to the certification as required under sub. (4) (a) and to enclose the absentee ballot in a separate envelope contained within a larger envelope, that shall include the completed certificate. The elector shall then affix sufficient postage unless the absentee ballot qualifies for mailing free of postage under federal free postage laws and shall mail the absentee ballot to the municipal clerk. Except as authorized in s. 6.97 (2), an absentee ballot received under this paragraph shall not be counted unless it is cast in the manner prescribed in this paragraph and in accordance with the instructions provided by the board.

AB814, s. 17 Section 17. 6.87 (4) of the statutes is renumbered 6.87 (4) (a) and amended to read:

AB814,12,6 6.87 (4) (a) Except as otherwise provided in s. 6.875, the elector voting absentee shall make and subscribe to the certification before one witness who is an adult U.S. citizen. The absent elector, in the presence of the witness, shall mark the ballot in a manner that will not disclose how the elector's vote is cast. The elector shall then, still in the presence of the witness, fold the ballots so each is separate and so that the elector conceals the markings thereon and deposit them in the proper envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that the elector conceals the markings thereon and deposit the ballot in the proper envelope. If proof of residence is required, Except as authorized in par. (b) and notwithstanding s. 343.43 (1) (f), if the elector is required to provide identification under s. 6.345, the elector shall enclose a copy of the identification in the envelope. If proof of residence under s. 6.34 is required and the document enclosed by the elector under this paragraph does not constitute proof of residence under s. 6.34, the elector shall also enclose proof of residence under s. 6.34 in the envelope. Proof of residence is required if the elector is not a military elector or an overseas elector, as defined in s. 6.34 (1), and the elector registered by mail and has not voted in an election in this state. If the elector requested a ballot by means of facsimile transmission or electronic mail under s. 6.86 (1) (ac), the elector shall enclose in the envelope a copy of the request which bears an original signature of the elector. The elector may receive assistance under sub. (5). The return envelope shall then be sealed. The witness may not be a candidate. The envelope shall be mailed by the elector, or delivered in person, to the municipal clerk issuing the ballot or ballots. If the envelope is mailed from a location outside the United States, the elector shall affix sufficient postage unless the ballot qualifies for delivery free of postage under federal law. Failure to return an unused ballot in a primary does not invalidate the ballot on which the elector's votes are cast. Return of more than one marked ballot in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an electronic voting system in a primary which is marked for candidates of more than one party invalidates all votes cast by the elector for candidates in the primary.

AB814, s. 18 Section 18. 6.87 (4) (b) of the statutes is created to read:

AB814,12,16 6.87 (4) (b) If the absentee elector is required to provide identification under s. 6.345 and the elector has received a citation or notice of intent to revoke or suspend an operator's license from a law enforcement officer in any jurisdiction that is dated within 60 days of the date of the election and the elector is required to surrender his or her operator's license issued to the elector under ch. 343 at the time the citation or notice is issued, the elector may enclose a copy of the citation or notice in lieu of an operator's license under ch. 343 if the elector is voting by mail, or may present an original copy of the citation or notice in lieu of an operator's license under ch. 343 if the elector is voting at the office of the municipal clerk.

AB814, s. 19 Section 19. 6.875 (6) (c) 1. of the statutes is amended to read:

AB814,13,5 6.875 (6) (c) 1. Upon their visit to the home or facility under par. (a), the deputies shall personally offer each elector who has filed a proper application for an absentee ballot the opportunity to cast his or her absentee ballot. If an elector is present who has not filed a proper application for an absentee ballot, the 2 deputies may accept an application from the elector and shall issue a ballot to the elector if the elector is qualified, the elector presents identification, whenever required under s. 6.345, and the application is proper. The deputies shall each witness the certification and may, upon request of the elector, assist the elector in marking the elector's ballot. All voting shall be conducted in the presence of the deputies. Upon request of the elector, a relative of the elector who is present in the room may assist the elector in marking the elector's ballot. No individual other than a deputy may witness the certification and no individual other than a deputy or relative of an elector may render voting assistance to the elector.

AB814, s. 20 Section 20. 6.88 (3) (a) of the statutes is amended to read: