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2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2011 ASSEMBLY BILL 7
May 9, 2011 - Offered by Joint Committee on Finance.
AB7-ASA2,2,19 1An Act to repeal 5.64 (1) (ar) 1. a., 5.91 (2), 6.26 (2) (am), 6.36 (5), 6.56 (5), 7.08
2(9), 7.15 (1) (L), 7.50 (2) (a) and 12.13 (3) (v); to renumber 6.79 (3) and 343.50
3(1); to renumber and amend 6.85, 6.86 (2m), 6.87 (4) and 6.97 (3); to amend
45.35 (6) (a) 2., 5.35 (6) (a) 4a., 5.37 (1), 5.64 (1) (b), 6.02 (1), 6.02 (2), 6.10 (3), 6.10
5(4), 6.15 (1), 6.15 (2) (a), 6.15 (2) (d) 1r., 6.15 (3), 6.18, 6.22 (4) (b), 6.22 (7), 6.24
6(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
7(1), 6.33 (2) (b), 6.33 (5) (a), 6.34 (2), 6.36 (1) (b) 1. a., 6.36 (2) (a), 6.40 (1) (a) 1.,
86.55 (2) (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
9(2) (d), 6.79 (3) (title), 6.79 (4), 6.79 (6), 6.82 (1) (a), 6.86 (1) (ar), 6.86 (1) (b), 6.86
10(3) (a) 1., 6.86 (3) (a) 2., 6.86 (3) (c), 6.869, 6.87 (1), 6.87 (2), 6.87 (3) (d), 6.87 (6),
116.875 (title), 6.875 (2) (a), 6.875 (3) and (4), 6.875 (6) (a) and (b), 6.875 (6) (c) 1.,
126.875 (6) (c) 2., 6.875 (6) (e), 6.875 (7), 6.88 (3) (a), 6.92 (1), 6.94, 6.97 (title), 6.97
13(1), 6.97 (2), 7.08 (8) (title), 7.15 (1) (cm), 7.15 (1) (j), 7.23 (1) (e), 7.52 (3) (a), 7.52

1(6) (b), 10.02 (3) (form) (a), 10.02 (3) (b) 1., 10.02 (3) (c), 12.03 (2) (b) 3., 12.13 (2)
2(b) 6m., 343.06 (1) (L), 343.10 (7) (d), 343.11 (1), 343.11 (3), 343.11 (3), 343.14
3(3), 343.165 (1) (intro.), 343.165 (2), 343.165 (3) (a), 343.165 (4) (a), 343.165 (4)
4(c), 343.165 (4) (d), 343.165 (5), 343.17 (3) (a) 2., 343.17 (5), 343.50 (3), 343.50
5(4), 343.50 (5) (a) 1., 343.50 (5m) and 343.50 (6); to repeal and recreate 343.17
6(5), 343.50 (1), 343.50 (3), 343.50 (4), 343.50 (4g), 343.50 (5) (a) and 343.50 (6);
7and to create 5.02 (6m), 5.02 (16c), 5.64 (1) (ar) 1m., 6.15 (2) (bm), 6.36 (1) (bm)
8and (bn), 6.79 (2) (am), 6.79 (3) (b), 6.79 (7), 6.87 (4) (a), 6.87 (4) (b) 2., 6.87 (4)
9(b) 3., 6.87 (4) (b) 4., 6.87 (4) (b) 5., 6.875 (1) (ap) and (asm), 6.875 (2) (d), 6.965,
106.97 (3) (a), 6.97 (3) (c), 7.08 (12), 343.03 (3r), 343.14 (3m), 343.165 (7), 343.17
11(3) (a) 14., 343.50 (1) (c), 343.50 (4g) and 343.50 (5) (a) 3. of the statutes;
12relating to: requiring certain identification in order to vote at a polling place
13or obtain an absentee ballot; absentee voting; late voter registration; a
14requirement for electors to provide a signature when voting in person at an
15election; the duration and location of residency for voting purposes; voting a
16straight party ticket; issuance of operator's licenses and identification cards by
17the Department of Transportation; voter registration information; the
18statewide voter registration list; voter registration activities; granting
19rule-making authority; 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; or f) an unexpired identification
card issued by an accredited university or college in this state that contains the date
of issuance and signature of the individual to whom it was issued and that contains
an expiration date indicating that the card expires no later than two years after the
date of issuance if the individual establishes that he or she is enrolled as a student
at the university or college on the date that the card is presented. 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 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. Under the
substitute amendment, any person who applies for an absentee ballot, except a
military or overseas elector, as defined by federal law, or a person whose address is
confidential as a result of domestic abuse, sexual assault, or stalking, must also

provide proof of identification or a copy thereof unless: 1) the person has already
provided a copy of his or her proof of identification in connection with an absentee
ballot cast at a previous election and has not changed his or her name or address since
that election; 2) the person has been required by a law enforcement officer to
surrender his or her license (see below); 3) the person is indefinitely confined, in
which case the person may submit a statement signed by the person who witnesses
his or her absentee ballot verifying his or her identity; 4) the person is an occupant
of any nursing home, or is an occupant of a community-based residential facility,
retirement home, adult family home, or residential care apartment complex where
a municipality sends special voting deputies, in which case the person may submit
a statement signed by the deputies verifying his or her identity; or 5) the person is
an occupant of such a home, facility, or complex where a municipality does not send
special voting deputies, in which case the person may submit a statement signed by
the same person who witnesses his or her absentee ballot that contains the
certification of an authorized representative of the home, facility, or complex
verifying that the person resides at that home, facility, or complex. The substitute
amendment continues current requirements for certain electors to verify residence
in order to register or to vote, but discontinues the use of corroborating electors to
verify residence. 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 an elector who is eligible to obtain a
Wisconsin identification card to obtain the card from DOT free of charge if the elector
is a U.S. citizen who will be at least 18 years of age on the date of the next election
and the elector requests that the card be provided without charge for purposes of
voting.
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.
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.
Durational residency requirement for voting
Under current law, with certain limited exceptions, an individual must be a
resident of this state and of the municipality and ward, if any, where the elector is
voting for ten days before an election to be eligible to vote in the election. This
substitute amendment increases this durational residency requirement to 28
consecutive days. Under the substitute amendment, if an elector who does not meet
this residency requirement formerly resided at another location in this state within
the 27-day period preceding an election, the elector may vote at that location if the
elector is otherwise qualified to vote at that location.
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-ASA2, s. 1 1Section 1. 5.02 (6m) of the statutes is created to read:
AB7-ASA2,8,32 5.02 (6m) "Identification" means any of the following documents issued to an
3individual:
AB7-ASA2,8,54 (a) One of the following documents that is unexpired or if expired has expired
5after the date of the most recent general election:
AB7-ASA2,8,66 1. An operator's license issued under ch. 343.
AB7-ASA2,8,77 2. An identification card issued under s. 343.50.
AB7-ASA2,8,88 3. An identification card issued by a U.S. uniformed service.
AB7-ASA2,8,99 4. A U.S. passport.
AB7-ASA2,8,1110 (b) A certificate of U.S. naturalization that was issued not earlier than 2 years
11before the date of an election at which it is presented.
AB7-ASA2,8,1212 (c) An unexpired driving receipt under s. 343.11.
AB7-ASA2,8,1313 (d) An unexpired identification card receipt issued under s. 343.50.
AB7-ASA2,9,2
1(e) An identification card issued by a federally recognized Indian tribe in this
2state.
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