LRB-0666/1
JTK:bjk:rs
2009 - 2010 LEGISLATURE
October 14, 2009 - Introduced by Senators Kanavas, Carpenter, Lazich, Hopper,
Darling, Leibham and
Schultz, cosponsored by Representatives Kramer,
Petersen, Davis, Knodl, Vos, Zipperer, Huebsch, Townsend, Strachota,
Gunderson and J. Ott. Referred to Committee on Labor, Elections and Urban
Affairs.
SB350,1,7
1An Act to renumber 6.79 (3);
to renumber and amend 6.87 (4) and 6.97 (3);
2to amend 5.35 (6) (a) 4a., 6.29 (1), 6.33 (1), 6.79 (2) (a) and (d), 6.79 (3) (title),
36.82 (1) (a), 6.86 (1) (ac), 6.86 (1) (ar), 6.86 (3) (a) 1., 6.869, 6.87 (3) (d), 6.875 (6)
4(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),
57.52 (3) (a) and 10.02 (3) (form) (a); and
to create 6.345, 6.36 (2) (d), 6.79 (3) (b),
66.79 (7), 6.87 (4) (b), 6.965 and 6.97 (3) (a) and (c) of the statutes;
relating to:
7an 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:
SB350, s. 1
1Section 1. 5.35 (6) (a) 4a. of the statutes is amended to read:
SB350,2,42
5.35
(6) (a) 4a. Instructions prescribed by the board for electors for whom
3identification is required under s. 6.345 or for whom proof of residence under s. 6.34
4is required under s. 6.55 (2).
SB350, s. 2
1Section
2. 6.29 (1) of the statutes is amended to read:
SB350,3,62
6.29
(1) No names may be added to a registration list for any election after the
3close of registration, except as authorized under this section or s. 6.55 (2) or 6.86 (3)
4(a) 2. Any person whose name is not on the registration list but who is otherwise a
5qualified elector is entitled to vote at the election upon compliance with this section
,
6if the person complies with all other requirements for voting at the polling place.
SB350, s. 3
7Section
3. 6.33 (1) of the statutes is amended to read:
SB350,4,138
6.33
(1) The board shall prescribe the format, size, and shape of registration
9forms. All forms shall be printed on cards and each item of information shall be of
10uniform font size, as prescribed by the board. The municipal clerk shall supply
11sufficient forms to meet voter registration needs. The forms shall be designed to
12obtain from each applicant information as to name; date; residence location;
13citizenship; date of birth; age; the number of a valid operator's license issued to the
14elector under ch. 343 or the last 4 digits of the elector's social security account
15number; whether the applicant has resided within the ward or election district for
16at least 10 days;
whether the applicant elects to be subject to an identification
17requirement under s. 6.345 (1); whether the applicant has been convicted of a felony
18for which he or she has not been pardoned, and if so, whether the applicant is
19incarcerated, or on parole, probation, or extended supervision; whether the applicant
20is disqualified on any other ground from voting; and whether the applicant is
21currently registered to vote at any other location. The form shall include a space for
22the applicant's signature and the signature of any corroborating elector. The form
23shall include a space to enter the name of any special registration deputy under s.
246.26 or 6.55 (6) or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who
25obtains the form and a space for the deputy, inspector, clerk, or deputy clerk to sign
1his or her name, affirming that the deputy, inspector, clerk, or deputy clerk has
2accepted the form. The form shall include a space for entry of the ward and
3aldermanic district, if any, where the elector resides and any other information
4required to determine the offices and referenda for which the elector is certified to
5vote. The form shall also include a space where the clerk may record an indication
6of whether the form is received by mail, a space where the clerk may record an
7indication of the type of identifying document submitted by the elector as proof of
8residence under s. 6.34, whenever required, and a space where the clerk, for any
9applicant who possesses a valid voting identification card issued to the person under
10s. 6.47 (3), may record the identification serial number appearing on the voting
11identification card. Each county clerk shall obtain sufficient registration forms for
12completion by an elector who desires to register to vote at the office of the county clerk
13under s. 6.28 (4).
SB350, s. 4
14Section
4. 6.345 of the statutes is created to read:
SB350,4,17
156.345 Optional identification requirement. (1) Any elector may, at the
16time of registration, elect to be required to present identification whenever the
17elector votes at an election.
SB350,4,24
18(2) Any elector who is registered to vote may, by appearing in person at the
19office of the municipal clerk or board of election commissioners of the municipality
20where the elector resides, elect to be required to present identification whenever the
21elector votes at an election. The municipal clerk or board of election commissioners
22shall require an elector who makes a request under this subsection to present
23identification and sign a request on a form prescribed by the government
24accountability board.
SB350,5,3
1(3) Except as provided in ss. 6.79 (7) and 6.87 (4) (b), if an elector has elected
2to be required to present identification under this section, the elector may not vote
3in an election unless the elector presents identification.
SB350,5,7
4(4) An elector who files an election under sub. (1) or (2) may, by appearing
5personally at the office of the municipal clerk or board of election commissioners of
6the municipality where the elector resides, file a written revocation of the election
7on a form prescribed by the government accountability board.
SB350,5,11
8(5) An election or revocation under this section becomes effective on the 31st
9day before the next election occurring in the municipality after the election is filed,
10or if filed later than the 31st day before the next election, on the 31st day before the
112nd succeeding election occurring in the municipality after the election is filed.
SB350,5,12
12(6) In this section, "identification" means any of the following:
SB350,5,1313
(a) A valid operator's license issued to the elector under ch. 343.
SB350,5,1414
(b) A valid identification card issued to the elector under s. 343.50.
SB350,5,1615
(c) A valid, current identification card issued to the elector by a U.S. uniformed
16service.
SB350, s. 5
17Section
5. 6.36 (2) (d) of the statutes is created to read:
SB350,5,2018
6.36
(2) (d) The list shall contain, next to the name of each elector, an indication
19of whether the elector has elected to be required to provide identification under s.
206.345.
SB350, s. 6
21Section
6. 6.79 (2) (a) and (d) of the statutes are amended to read:
SB350,6,722
6.79
(2) (a) Unless information on the poll list is entered electronically, the
23municipal clerk shall supply the inspectors with 2 copies of the most current official
24registration list or lists prepared under s. 6.36 (2) (a) for use as poll lists at the polling
25place. Except as provided in
sub. subs. (6)
and (7), each
person elector, before
1receiving a serial number, shall state his or her full name and address
and, if the poll
2list indicates that the elector has elected to be subject to an identification
3requirement under s. 6.345, present to the officials a valid operator's license issued
4to the elector under ch. 343, a valid, current identification card issued to the elector
5by a U.S. uniformed service, or a valid identification card issued to the elector under
6s. 343.50. The officials shall verify that the name and address
provided stated by the
7person elector are the same as the
person's elector's name and address on the poll list.
SB350,6,168
(d) If the poll list
, indicates that proof of residence under s. 6.34 is required
and
9any document provided by the elector under par. (a) does not constitute proof of
10residence under s. 6.34, the officials shall require the elector to provide proof of
11residence. If proof of residence is provided, the officials shall verify that the name
12and address on the document submitted as proof of residence provided is the same
13as the name and address shown on the registration list. If proof of residence is
14required and not provided,
or if the elector does not present a license or identification
15card under par. (a), whenever required, the officials shall offer the opportunity for
16the elector to vote under s. 6.97.
SB350, s. 7
17Section
7. 6.79 (3) (title) of the statutes is amended to read:
SB350,6,1918
6.79
(3) (title)
Refusal to give name and address provide name, address,
19license, or identification card.
SB350, s. 8
20Section
8. 6.79 (3) of the statutes is renumbered 6.79 (3) (a).
SB350, s. 9
21Section
9. 6.79 (3) (b) of the statutes is created to read:
SB350,7,322
6.79
(3) (b) If the poll list indicates that the elector has elected to be subject to
23an identification requirement under s. 6.345 and identification under sub. (2) is not
24provided by the elector, or if the name or any photograph appearing on the document
25that is provided cannot be verified by the officials, the elector shall not be permitted
1to vote, except as authorized under sub. (7), but if the elector is entitled to cast a
2provisional ballot under s. 6.97, the officials shall offer the opportunity for the elector
3to vote under s. 6.97.
SB350, s. 10
4Section
10. 6.79 (7) of the statutes is created to read:
SB350,7,125
6.79
(7) License surrender. If an elector is required to provide identification
6under s. 6.345 and the elector receives a citation or notice of intent to revoke or
7suspend an operator's license from a law enforcement officer in any jurisdiction that
8is dated within 60 days of the date of an election and the elector is required to
9surrender his or her operator's license issued to the elector under ch. 343 at the time
10the citation or notice is issued, the elector may present an original copy of the citation
11or notice in lieu of an operator's license under ch. 343. In such case, the elector shall
12cast his or her ballot under s. 6.965.
SB350, s. 11
13Section
11. 6.82 (1) (a) of the statutes is amended to read:
SB350,8,1214
6.82
(1) (a) When any inspectors are informed that an elector is at the entrance
15to the polling place who as a result of disability is unable to enter the polling place,
16they shall permit the elector to be assisted in marking a ballot by any individual
17selected by the elector, except the elector's employer or an agent of that employer or
18an officer or agent of a labor organization which represents the elector.
The If the
19elector is required to provide identification under s. 6.345, except as authorized in
20s. 6.79 (7), the individual selected by the elector shall
present to the inspectors a valid
21operator's license issued to the elector under ch. 343, a valid, current identification
22card issued to the elector by a U.S. uniformed service, or a valid identification card
23issued to the elector under s. 343.50 and, if the license or identification card does not
24constitute proof of residence under s. 6.34, shall also provide proof of residence under
25s. 6.34 for the assisted elector, whenever required, and all other information
1necessary for the elector to obtain a ballot under s. 6.79 (2). The inspectors shall issue
2a ballot to the individual selected by the elector and shall accompany the individual
3to the polling place entrance where the assistance is to be given. If the ballot is a
4paper ballot, the assisting individual shall fold the ballot after the ballot is marked
5by the assisting individual. The assisting individual shall then immediately take the
6ballot into the polling place and give the ballot to an inspector. The inspector shall
7distinctly announce that he or she has "a ballot offered by .... (stating person's name),
8an elector who, as a result of disability, is unable to enter the polling place without
9assistance". The inspector shall then ask, "Does anyone object to the reception of this
10ballot?" If no objection is made, the inspectors shall record the elector's name under
11s. 6.79 and deposit the ballot in the ballot box, and shall make a notation on the poll
12list: "Ballot received at poll entrance".
SB350, s. 12
13Section
12. 6.86 (1) (ac) of the statutes is amended to read:
SB350,8,1914
6.86
(1) (ac) Any elector qualifying under par. (a) may make written application
15to the municipal clerk for an official ballot by means of facsimile transmission or
16electronic mail. Any application under this paragraph shall contain a copy of the
17applicant's original signature. An elector requesting a ballot under this paragraph
18shall return with the voted ballot a copy of the request bearing an original signature
19of the elector as provided in s. 6.87 (4)
(a).
SB350, s. 13
20Section
13. 6.86 (1) (ar) of the statutes is amended to read:
SB350,9,721
6.86
(1) (ar) Except as authorized in s. 6.875 (6), the municipal clerk shall not
22issue an absentee ballot unless the clerk receives a written application therefor from
23a qualified elector of the municipality. The clerk shall retain each absentee ballot
24application until destruction is authorized under s. 7.23 (1).
Except as authorized
25in s. 6.79 (7), if an elector is required to provide identification under s. 6.345 and the
1elector applies for an absentee ballot in person at the clerk's office, the clerk shall not
2issue the elector an absentee ballot unless the elector presents a valid operator's
3license issued to the elector under ch. 343, a valid, current identification card issued
4to the elector by a U.S. uniformed service, or a valid identification card issued to the
5elector under s. 343.50. Notwithstanding s. 343.43 (1) (f), the clerk shall make a copy
6of the document presented by the elector and shall enclose the copy in the certificate
7envelope.
SB350, s. 14
8Section
14. 6.86 (3) (a) 1. of the statutes is amended to read:
SB350,9,199
6.86
(3) (a) 1. Any elector who is registered and who is hospitalized, may apply
10for and obtain an official ballot by agent. The agent may apply for and obtain a ballot
11for the hospitalized absent elector by presenting a form prescribed by the board and
12containing the required information supplied by the hospitalized elector and signed
13by that elector
and any other elector residing in the same municipality as the
14hospitalized elector, corroborating the information contained therein. The
15corroborating elector shall state on the form his or her full name and address. Except
16as authorized in s. 6.87 (4) (b), if the elector is required to provide identification under
17s. 6.345, the agent shall present the identification required under sub. (1) (ar).
18Notwithstanding s. 343.43 (1) (f), the clerk shall make a copy of the document
19presented by the agent and shall enclose the copy in the certificate envelope.
SB350, s. 15
20Section
15. 6.869 of the statutes is amended to read:
SB350,9,25
216.869 Uniform instructions. The board shall prescribe uniform instructions
22for absentee voters. The instructions shall include information concerning the
23procedure for correcting errors in marking a ballot and obtaining a replacement for
24a spoiled ballot. The procedure shall, to the extent possible, respect the privacy of
25each elector and preserve the confidentiality of each elector's vote.
For electors who
1are subject to an identification requirement under s. 6.345, the instructions shall
2include information regarding the identification that is required under s. 6.86 (1) (ar)
3or the copy of the identification that is required under s. 6.87 (4).
SB350, s. 16
4Section
16. 6.87 (3) (d) of the statutes is amended to read:
SB350,10,245
6.87
(3) (d) A municipal clerk may, if the clerk is reliably informed by an absent
6elector of a facsimile transmission number or electronic mail address where the
7elector can receive an absentee ballot, transmit a facsimile or electronic copy of the
8absent elector's ballot to that elector in lieu of mailing under this subsection if, in the
9judgment of the clerk, the time required to send the ballot through the mail may not
10be sufficient to enable return of the ballot by the time provided under sub. (6). An
11elector may receive an absentee ballot under this subsection only if the elector has
12filed a valid application for the ballot under s. 6.86 (1). If the clerk transmits an
13absentee ballot under this paragraph, the clerk shall also transmit a facsimile or
14electronic copy of the text of the material that appears on the certificate envelope
15prescribed in sub. (2), together with instructions prescribed by the board. The
16instructions shall require the absent elector to make and subscribe to the
17certification as required under sub. (4)
(a) and to enclose the absentee ballot in a
18separate envelope contained within a larger envelope, that shall include the
19completed certificate. The elector shall then affix sufficient postage unless the
20absentee ballot qualifies for mailing free of postage under federal free postage laws
21and shall mail the absentee ballot to the municipal clerk. Except as authorized in
22s. 6.97 (2), an absentee ballot received under this paragraph shall not be counted
23unless it is cast in the manner prescribed in this paragraph and in accordance with
24the instructions provided by the board.
SB350, s. 17
1Section
17. 6.87 (4) of the statutes is renumbered 6.87 (4) (a) and amended to
2read:
SB350,12,63
6.87
(4) (a) Except as otherwise provided in s. 6.875, the elector voting absentee
4shall make and subscribe to the certification before one witness who is an adult U.S.
5citizen. The absent elector, in the presence of the witness, shall mark the ballot in
6a manner that will not disclose how the elector's vote is cast. The elector shall then,
7still in the presence of the witness, fold the ballots so each is separate and so that the
8elector conceals the markings thereon and deposit them in the proper envelope. If
9a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that
10the elector conceals the markings thereon and deposit the ballot in the proper
11envelope.
If proof of residence is required, Except as authorized in par. (b) and
12notwithstanding s. 343.43 (1) (f), if the elector is required to provide identification
13under s. 6.345, the elector shall enclose a copy of the identification in the envelope.
14If proof of residence under s. 6.34 is required and the document enclosed by the
15elector under this paragraph does not constitute proof of residence under s. 6.34, the
16elector shall
also enclose proof of residence under s. 6.34 in the envelope. Proof of
17residence is required if the elector is not a military elector or an overseas elector, as
18defined in s. 6.34 (1), and the elector registered by mail and has not voted in an
19election in this state. If the elector requested a ballot by means of facsimile
20transmission or electronic mail under s. 6.86 (1) (ac), the elector shall enclose in the
21envelope a copy of the request which bears an original signature of the elector. The
22elector may receive assistance under sub. (5). The return envelope shall then be
23sealed. The witness may not be a candidate. The envelope shall be mailed by the
24elector, or delivered in person, to the municipal clerk issuing the ballot or ballots.
25If the envelope is mailed from a location outside the United States, the elector shall
1affix sufficient postage unless the ballot qualifies for delivery free of postage under
2federal law. Failure to return an unused ballot in a primary does not invalidate the
3ballot on which the elector's votes are cast. Return of more than one marked ballot
4in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an
5electronic voting system in a primary which is marked for candidates of more than
6one party invalidates all votes cast by the elector for candidates in the primary.
SB350, s. 18
7Section
18. 6.87 (4) (b) of the statutes is created to read:
SB350,12,168
6.87
(4) (b) If the absentee elector is required to provide identification under
9s. 6.345 and the elector has received a citation or notice of intent to revoke or suspend
10an operator's license from a law enforcement officer in any jurisdiction that is dated
11within 60 days of the date of the election and the elector is required to surrender his
12or her operator's license issued to the elector under ch. 343 at the time the citation
13or notice is issued, the elector may enclose a copy of the citation or notice in lieu of
14an operator's license under ch. 343 if the elector is voting by mail, or may present an
15original copy of the citation or notice in lieu of an operator's license under ch. 343 if
16the elector is voting at the office of the municipal clerk.
SB350, s. 19
17Section
19. 6.875 (6) (c) 1. of the statutes is amended to read:
SB350,13,518
6.875
(6) (c) 1. Upon their visit to the home or facility under par. (a), the
19deputies shall personally offer each elector who has filed a proper application for an
20absentee ballot the opportunity to cast his or her absentee ballot. If an elector is
21present who has not filed a proper application for an absentee ballot, the 2 deputies
22may accept an application from the elector and shall issue a ballot to the elector if
23the elector is qualified
, the elector presents identification, whenever required under
24s. 6.345, and the application is proper. The deputies shall each witness the
25certification and may, upon request of the elector, assist the elector in marking the
1elector's ballot. All voting shall be conducted in the presence of the deputies. Upon
2request of the elector, a relative of the elector who is present in the room may assist
3the elector in marking the elector's ballot. No individual other than a deputy may
4witness the certification and no individual other than a deputy or relative of an
5elector may render voting assistance to the elector.
SB350, s. 20
6Section
20. 6.88 (3) (a) of the statutes is amended to read:
SB350,14,47
6.88
(3) (a) Except in municipalities where absentee ballots are canvassed
8under s. 7.52, at any time between the opening and closing of the polls on election day,
9the inspectors shall, in the same room where votes are being cast, in such a manner
10that members of the public can hear and see the procedures, open the carrier
11envelope only, and announce the name of the absent elector or the identification
12serial number of the absent elector if the elector has a confidential listing under s.
136.47 (2). When the inspectors find that the certification has been properly executed,
14the applicant is a qualified elector of the ward or election district, and the applicant
15has not voted in the election, they shall enter an indication on the poll list next to the
16applicant's name indicating an absentee ballot is cast by the elector. They shall then
17open the envelope containing the ballot in a manner so as not to deface or destroy the
18certification thereon. The inspectors shall take out the ballot without unfolding it
19or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95,
20the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If
21the poll list indicates that proof of residence under s. 6.34 is required and no proof
22of residence is enclosed or the name or address on the document that is provided is
23not the same as the name and address shown on the poll list,
or if the elector is
24required to provide identification under s. 6.345 and no copy of the identification is
25enclosed or the name on the document that is provided cannot be verified by the
1inspectors, the inspectors shall proceed as provided under s. 6.97 (2). The inspectors
2shall then deposit the ballot into the proper ballot box and enter the absent elector's
3name or voting number after his or her name on the poll list in the same manner as
4if the elector had been present and voted in person.
SB350, s. 21
5Section
21. 6.965 of the statutes is created to read: