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2011 - 2012 LEGISLATURE
January 27, 2011 - Introduced by Representatives Stone, Tauchen, Honadel, J.
Ott, Vos, Pridemore, Bernier, LeMahieu, August, Spanbauer, Kramer,
Petersen, Ziegelbauer, Kestell, Ripp, Van Roy, Kerkman, Jacque, Litjens,
Nass, Kaufert, Strachota, Steineke, Kapenga, Krug, Farrow, Knodl,
Kleefisch, Kooyenga, Ballweg, Endsley, Rivard, Thiesfeldt, A. Ott, Petryk,
Williams, Severson, Wynn, Knudson, Kuglitsch, Petrowski, Nygren, Meyer,
Tiffany, Bies, Knilans, J. Fitzgerald
and Klenke, cosponsored by Senators
Leibham, Lazich, Vukmir, Kapanke, Grothman, Darling, Galloway,
Wanggaard, Kedzie, Ellis, Zipperer, Olsen, Schultz, Moulton, Lasee,
Cowles, Hopper, Harsdorf, S. Fitzgerald
and Carpenter. Referred to
Committee on Election and Campaign Reform.
AB7,2,15 1An Act to repeal 6.56 (5), 12.13 (3) (v) and 343.50 (4g); to renumber 6.79 (3);
2to renumber and amend 6.87 (4) and 6.97 (3); to amend 5.35 (6) (a) 2., 5.35
3(6) (a) 4a., 5.35 (6) (a) 4a., 6.15 (1), 6.15 (2) (bm), 6.15 (2) (d) 1g., 6.15 (2) (d) 1r.,
46.15 (3), 6.15 (3), 6.29 (1), 6.29 (2) (a), 6.33 (1), 6.33 (2) (b), 6.34 (2), 6.55 (2) (b),
56.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (c) 1., 6.55 (2) (c) 2., 6.79 (2) (a), 6.79 (2) (a),
66.79 (2) (d), 6.79 (2) (d), 6.79 (3) (title), 6.79 (3) (title), 6.79 (3) (b), 6.79 (4), 6.79
7(6), 6.79 (6), 6.82 (1) (a), 6.82 (1) (a), 6.86 (1) (ac), 6.86 (1) (ar), 6.86 (1) (ar), 6.86
8(3) (a) 1., 6.86 (3) (a) 1., 6.86 (3) (a) 2., 6.869, 6.869, 6.87 (3) (d), 6.87 (4) (b) 1.,
96.87 (4) (b) 2., 6.87 (4) (b) 3., 6.87 (4) (b) 5., 6.875 (title), 6.875 (2) (a), 6.875 (3)
10and (4), 6.875 (6) (a) and (b), 6.875 (6) (c) 1., 6.875 (6) (c) 1., 6.875 (6) (c) 2., 6.875
11(6) (e), 6.875 (7), 6.88 (3) (a), 6.88 (3) (a), 6.97 (title), 6.97 (1), 6.97 (1), 6.97 (2),
126.97 (2), 6.97 (3) (a), 6.97 (3) (b), 6.97 (3) (c), 7.08 (8) (title), 7.08 (12), 7.52 (3) (a),
137.52 (3) (a), 10.02 (3) (form) (a), 10.02 (3) (form) (a), 12.03 (2) (b) 3., 12.13 (2) (b)
146m., 85.103 (2), 134.71 (8) (a) 2., 139.30 (4n), 165.8287 (2), 165.8287 (3) (d),

1343.19 (title), 343.19 (2) (intro.), 343.235 (title), 343.237 (title), 343.237 (6),
2343.43 (2), subchapter V (title) of chapter 343 [precedes 343.50], 343.50 (3),
3343.50 (4), 343.50 (5) (a) 1. and 343.50 (6); to repeal and recreate 343.19 (1),
4343.22 (2), 343.22 (2m), 343.22 (3), 343.237 (2), 343.237 (3) (intro.), 343.50 (3),
5343.50 (4), 343.50 (5) (a) 1. and 343.50 (6); and to create 6.15 (2) (bm), 6.15 (2)
6(d) 1g., 6.79 (3) (b), 6.79 (7), 6.87 (4) (a), 6.87 (4) (b) 2., 6.87 (4) (b) 3., 6.87 (4) (b)
74., 6.87 (4) (b) 5., 6.875 (1) (ap) and (asm), 6.875 (2) (d), 6.965, 6.97 (3) (a), 6.97
8(3) (c), 7.08 (12), 125.085 (1) (f), 343.19 (2) (c), 343.50 (4g) and 343.505 of the
9statutes; relating to: requiring certain identification in order to vote at a
10polling place or obtain an absentee ballot, verification of the addresses of
11electors, absentee voting procedure in certain residential care apartment
12complexes and adult family homes, identification cards issued by the
13Department of Transportation, creating an identification certificate issued by
14the Department of Transportation, requiring the exercise of rule-making
15authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
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 bill requires each eligible elector who
attempts to register or to vote at the polls on election day to present a valid Wisconsin
driver's license issued to the person by the Department of Transportation (DOT), a
valid, current identification card issued to the person by a U.S. uniformed service,
or a valid Wisconsin identification card issued to the person by DOT or, if DOT
implements the provisions of the federal REAL ID Act, an identification certificate
issued to the person by DOT (see below). 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. Under the bill, 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 a copy of the license or identification card,
unless: 1) the person has already provided a copy of his or her license or identification
card 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; or 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. The bill continues current requirements for certain
electors to provide proof of residence in order to register or to vote, but discontinues
the use of corroborating electors to verify residence. Under the bill, if a person who
votes at a polling place fails to provide a license or identification card, the person may
vote provisionally. If a person votes by absentee ballot and fails to provide a copy of
the license or identification card, 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 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 day following
the election, the person's vote is not counted. 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 operator'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 operator's license in lieu of his

or her operator'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 operator's license.
In this case, the bill 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.
The bill also directs the Government Accountability Board, in conjunction with
the first regularly scheduled primary and election at which the voter identification
requirements created by the bill initially apply, to conduct a public informational
campaign for the purpose of informing prospective voters of the voter identification
requirements created by the bill. In addition, the bill directs the board to conduct
an ongoing outreach effort to identify and contact groups of electors who may need
assistance in obtaining or renewing licenses or identification cards for voting
purposes and to provide assistance in obtaining or renewing those licenses or
identification cards.
The bill 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
specifically requests not to be charged. The bill permits an applicant to receive a
Wisconsin identification card without a photograph being taken, as currently
required, if the applicant provides an affidavit stating that he or she has sincerely
held religious beliefs against being photographed, that he or she is a member of a
religious organization or identifies with the tenets of a religious organization and
names that organization, that the religious tenets of that organization prohibit such
photographing, and that he or she requests the identification card for the purpose
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 each operator's license and identification card
include a photograph.
This bill creates an identification certificate to be issued by DOT beginning at
the time that DOT implements the provisions of the federal REAL ID Act. A person
is eligible for an identification certificate if the person provides the same information
that an elector is required to provide in order to register to vote and signs a statement
affirming that the information is correct. Identification certificates must be the same
size as an operator's license but must be of a design that is readily distinguishable
from the design of operator's licenses and identification cards. Each identification
certificate must bear the words "IDENTIFICATION CERTIFICATE." As required
by the federal REAL ID Act, identification certificates must clearly state on their face
that they may not be accepted by any federal agency for federal identification or any
other official purpose and must use a unique design or color indicator to alert federal
agency and other law enforcement personnel that they may not be accepted for any
such purpose. Each identification certificate must include a color photograph unless
the identification certificate applicant provides an affidavit containing specified
information, including that the applicant has a sincerely held religious belief against
being photographed. An identification certificate is valid for eight years and the fee

for an identification certificate is $18 unless the applicant requests that the
identification certificate be issued without charge.
The bill treats an identification certificate similarly to an identification card for
some purposes and differently from an identification card for other purposes. The
security standards for issuance of an identification certificate are not as strict as the
standards applicable to an identification card after implementation of the federal
REAL ID Act. However, when used for purposes of voting, an identification
certificate has the same status as an identification card, as described above. Upon
implementation of the provisions of the federal REAL ID Act, DOT may no longer
issue an identification card without a photograph and a person may no longer obtain
an identification card from DOT free of charge.
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 bill
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.
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:
AB7, s. 1 1Section 1. 5.35 (6) (a) 2. of the statutes is amended to read:
AB7,5,42 5.35 (6) (a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3)
3(intro), (d), (f), (g), (k), (L), (o), (q), (r), (u), (v) and (x), together with the applicable
4penalties provided in s. 12.60 (1).
AB7, s. 2 5Section 2 . 5.35 (6) (a) 4a. of the statutes is amended to read:
AB7,5,86 5.35 (6) (a) 4a. Instructions prescribed by the board for electors for whom a
7license or identification card is required under s. 6.79 (2) or for whom
proof of
8residence under s. 6.34 is required under s. 6.55 (2).
AB7, s. 3 9Section 3 . 5.35 (6) (a) 4a. of the statutes, as affected by 2011 Wisconsin Act ....
10(this act), is amended to read:
AB7,6,3
15.35 (6) (a) 4a. Instructions prescribed by the board for electors for whom a
2license or, identification card, or identification certificate is required under s. 6.79 (2)
3or for whom proof of residence under s. 6.34 is required under s. 6.55 (2).
AB7, s. 4 4Section 4. 6.15 (1) of the statutes is amended to read:
AB7,6,105 6.15 (1) Qualifications. Any person who was or who is a qualified an eligible
6elector under ss. 6.02 and 6.03, except that he or she has been a resident of this state
7for less than 10 days prior to the date of the presidential election, is entitled to vote
8for the president and vice president but for no other offices. The fact that the person
9was not registered to vote in the state from which he or she moved does not prevent
10voting in this state if the elector is otherwise qualified.
AB7, s. 5 11Section 5 . 6.15 (2) (bm) of the statutes is created to read:
AB7,6,1812 6.15 (2) (bm) Except as authorized in s. 6.79 (7), when making application in
13person at the office of the municipal clerk, each applicant shall present a valid
14operator's license issued to the person under ch. 343, a valid, current identification
15card issued to the person by a U.S. uniformed service, or a valid identification card
16issued to the person under s. 343.50. If any document presented by the applicant is
17not proof of residence under s. 6.34, the applicant shall also present proof of residence
18under s. 6.34.
AB7, s. 6 19Section 6 . 6.15 (2) (bm) of the statutes, as created by 2011 Wisconsin Act ....
20(this act), is amended to read:
AB7,7,321 6.15 (2) (bm) Except as authorized in s. 6.79 (7), when making application in
22person at the office of the municipal clerk, each applicant shall present a valid
23operator's license issued to the person under ch. 343, a valid, current identification
24card issued to the person by a U.S. uniformed service, or a valid identification card
25issued to the person under s. 343.50, or a valid identification certificate issued to the

1person under s. 343.505
. If any document presented by the applicant is not proof of
2residence under s. 6.34, the applicant shall also present proof of residence under s.
36.34.
AB7, s. 7 4Section 7. 6.15 (2) (d) 1g. of the statutes is created to read:
AB7,7,95 6.15 (2) (d) 1g. If the elector makes application in person at the office of the
6municipal clerk, the clerk shall verify that the name on the license or identification
7card provided by the elector under par. (bm) is the same as the name on the elector's
8application and shall verify that any photograph appearing on that document
9reasonably resembles the elector.
AB7, s. 8 10Section 8 . 6.15 (2) (d) 1g. of the statutes, as created by 2011 Wisconsin Act ....
11(this act), is amended to read:
AB7,7,1612 6.15 (2) (d) 1g. If the elector makes application in person at the office of the
13municipal clerk, the clerk shall verify that the name on the license or, identification
14card, or identification certificate provided by the elector under par. (bm) is the same
15as the name on the elector's application and shall verify that any photograph
16appearing on that document reasonably resembles the elector.
AB7, s. 9 17Section 9. 6.15 (2) (d) 1r. of the statutes is amended to read:
AB7,8,318 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card,
19the municipal clerk shall require the elector to provide proof of residence under s.
206.34. If the elector cannot provide proof of residence, the elector may have his or her
21residence corroborated in a statement that is signed by another elector of the
22municipality and that contains the current street address of the corroborating
23elector. If the residence is corroborated by another elector, that elector shall then
24provide proof of residence under s. 6.34
permit the elector to cast his or her ballot for
25president and vice president
. The elector shall then mark the ballot in the clerk's

1presence in a manner that will not disclose his or her vote. The elector shall then fold
2the ballot so as to conceal his or her vote. The clerk or elector shall then place the
3ballot in an envelope furnished by the clerk.
AB7, s. 10 4Section 10. 6.15 (3) of the statutes is amended to read:
AB7,8,225 6.15 (3) Procedure at polling place. An eligible elector may appear at the
6polling place for the ward or election district where he or she resides and make
7application for a ballot under sub. (2). Except as otherwise provided in this
8subsection, an elector who casts a ballot under this subsection shall follow the same
9procedure required for casting a ballot at the municipal clerk's office under sub. (2).
10The inspectors shall perform the duties of the municipal clerk, except that the
11inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk
12and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon
13proper completion of the application and cancellation card and submittal of proof of
14residence under s. 6.34 or providing corroboration of residence
verification of the
15elector's license or identification card as provided in sub. (2) (d) 1g.
, the inspectors
16shall permit the elector to cast his or her ballot for president and vice president. The
17elector shall mark the ballot and, unless the ballot is utilized with an electronic
18voting system, the elector shall fold the ballot, and deposit the ballot into the ballot
19box or give it to the inspector. The inspector shall deposit it directly into the ballot
20box. Voting machines or ballots utilized with electronic voting systems may only be
21used by electors voting under this section if they permit voting for president and vice
22president only.
AB7, s. 11 23Section 11 . 6.15 (3) of the statutes, as affected by 2011 Wisconsin Act .... (this
24act), is amended to read:
AB7,9,17
16.15 (3) Procedure at polling place. An eligible elector may appear at the
2polling place for the ward or election district where he or she resides and make
3application for a ballot under sub. (2). Except as otherwise provided in this
4subsection, an elector who casts a ballot under this subsection shall follow the same
5procedure required for casting a ballot at the municipal clerk's office under sub. (2).
6The inspectors shall perform the duties of the municipal clerk, except that the
7inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk
8and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon
9proper completion of the application and cancellation card and verification of the
10elector's license or, identification card, or identification certificate as provided in sub.
11(2) (d) 1g., the inspectors shall permit the elector to cast his or her ballot for president
12and vice president. The elector shall mark the ballot and, unless the ballot is utilized
13with an electronic voting system, the elector shall fold the ballot, and deposit the
14ballot into the ballot box or give it to the inspector. The inspector shall deposit it
15directly into the ballot box. Voting machines or ballots utilized with electronic voting
16systems may only be used by electors voting under this section if they permit voting
17for president and vice president only.
AB7, s. 12 18Section 12. 6.29 (1) of the statutes is amended to read:
AB7,9,2319 6.29 (1) No names may be added to a registration list for any election after the
20close of registration, except as authorized under this section or s. 6.55 (2) or 6.86 (3)
21(a) 2. Any person whose name is not on the registration list but who is otherwise a
22qualified elector is entitled to vote at the election upon compliance with this section,
23if the person complies with all other requirements for voting at the polling place
.
AB7, s. 13 24Section 13. 6.29 (2) (a) of the statutes is amended to read:
AB7,10,21
16.29 (2) (a) Any qualified elector of a municipality who has not previously filed
2a registration form or whose name does not appear on the registration list of the
3municipality may register after the close of registration but not later than 5 p.m. or
4the close of business, whichever is later, on the day before an election at the office of
5the municipal clerk and at the office of the clerk's agent if the clerk delegates
6responsibility for electronic maintenance of the registration list to an agent under
7s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2),
8a registration form containing all information required under s. 6.33 (1). The
9registration form shall also contain the following certification: "I, ...., hereby certify
10that, to the best of my knowledge, I am a qualified elector, having resided at ... for
11at least 10 days immediately preceding this election, and I have not voted at this
12election". The elector shall also provide proof of residence under s. 6.34.
13Alternatively, if the elector is unable to provide proof of residence under s. 6.34, the
14information contained in the registration form shall be corroborated in a statement
15that is signed by any other elector of the municipality and that contains the current
16street address of the corroborating elector. The corroborating elector shall then
17provide proof of residence under s. 6.34.
If the elector is registering after the close
18of registration for the general election and the elector presents a valid driver's license
19issued by another state, the municipal clerk or agent shall record on a separate list
20the name and address of the elector, the name of the state, and the license number
21and expiration date of the license.
AB7, s. 14 22Section 14. 6.33 (1) of the statutes is amended to read:
AB7,12,223 6.33 (1) The board shall prescribe the format, size, and shape of registration
24forms. All forms shall be printed on cards and each item of information shall be of
25uniform font size, as prescribed by the board. The municipal clerk shall supply

1sufficient forms to meet voter registration needs. The forms shall be designed to
2obtain from each applicant information as to name; date; residence location;
3citizenship; date of birth; age; the number of a valid operator's license issued to the
4elector under ch. 343 or the last 4 digits of the elector's social security account
5number; whether the applicant has resided within the ward or election district for
6at least 10 days; whether the applicant has been convicted of a felony for which he
7or she has not been pardoned, and if so, whether the applicant is incarcerated, or on
8parole, probation, or extended supervision; whether the applicant is disqualified on
9any other ground from voting; and whether the applicant is currently registered to
10vote at any other location. The form shall include a space for the applicant's
11signature and the signature of any corroborating elector. The form shall include a
12space to enter the name of any special registration deputy under s. 6.26 or 6.55 (6)
13or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form
14and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name,
15affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form.
16The form shall include a space for entry of the ward and aldermanic district, if any,
17where the elector resides and any other information required to determine the offices
18and referenda for which the elector is certified to vote. The form shall also include
19a space where the clerk may record an indication of whether the form is received by
20mail, a space where the clerk may record an indication of the type of identifying
21document submitted by the elector as proof of residence under s. 6.34, whenever
22required, and a space where the clerk, for any applicant who possesses a valid voting
23identification card issued to the person under s. 6.47 (3), may record the
24identification serial number appearing on the voting identification card. Each

1county clerk shall obtain sufficient registration forms for completion by an elector
2who desires to register to vote at the office of the county clerk under s. 6.28 (4).
AB7, s. 15 3Section 15. 6.33 (2) (b) of the statutes is amended to read:
AB7,12,84 6.33 (2) (b) Except as provided in s. 6.86 (3) (a) 2., the registration form shall
5be signed by the registering elector and any corroborating elector under s. 6.29 (2)
6(a) or 6.55 (2)
before the clerk, issuing officer or registration deputy. The form shall
7contain a certification by the registering elector that all statements are true and
8correct.
AB7, s. 16 9Section 16. 6.34 (2) of the statutes is amended to read:
AB7,12,2110 6.34 (2) Except as authorized in ss. 6.29 (2) (a) and 6.86 (3) (a) 2., upon Upon
11completion of a registration form prescribed under s. 6.33, each eligible elector who
12is required to register under s. 6.27, who is not a military elector or an overseas
13elector, and who registers after the close of registration under s. 6.29 or 6.86 (3) (a)
142., shall provide an identifying document that establishes proof of residence under
15sub. (3). Each eligible elector who is required to register under s. 6.27, who is not a
16military elector or an overseas elector, who registers by mail, and who has not voted
17in an election in this state shall, if voting in person, provide an identifying document
18that establishes proof of residence under sub. (3) or, if voting by absentee ballot,
19provide a copy of an identifying document that establishes proof of residence under
20sub. (3). If the elector registered by mail, the identifying document may not be a
21residential lease.
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