LRB-1980/1
JTK&ARG:cjs:jf
2011 - 2012 LEGISLATURE
April 27, 2011 - Printed by direction of Senate Chief Clerk.
SB6-engrossed,2,12
1An Act to repeal 6.56 (5) and 12.13 (3) (v);
to renumber 6.79 (3) and 343.50 (1);
2to renumber and amend 6.87 (4) and 6.97 (3);
to amend 5.35 (6) (a) 2., 5.35
3(6) (a) 4a., 6.02 (1), 6.02 (2), 6.10 (3), 6.10 (4), 6.15 (1), 6.15 (2) (a), 6.15 (2) (d)
41r., 6.15 (3), 6.18, 6.22 (7), 6.29 (1), 6.29 (2) (a), 6.33 (1), 6.33 (2) (b), 6.34 (2), 6.36
5(2) (a), 6.36 (5), 6.40 (1) (a) 1., 6.55 (2) (a) 1., 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2)
6(c) 2., 6.79 (1m), 6.79 (2) (a), 6.79 (2) (d), 6.79 (3) (title), 6.79 (4), 6.79 (6), 6.82
7(1) (a), 6.85, 6.86 (1) (ac), 6.86 (1) (ar), 6.86 (3) (a) 1., 6.86 (3) (a) 2., 6.86 (3) (c),
86.869, 6.87 (1), 6.87 (2), 6.87 (3) (d), 6.875 (title), 6.875 (2) (a), 6.875 (3) and (4),
96.875 (6) (a) and (b), 6.875 (6) (c) 1., 6.875 (6) (c) 2., 6.875 (6) (e), 6.875 (7), 6.88
10(3) (a), 6.92 (1), 6.94, 6.97 (title), 6.97 (1), 6.97 (2), 7.08 (8) (title), 7.52 (3) (a), 7.52
11(6) (b), 10.02 (3) (form) (a), 12.03 (2) (b) 3., 12.13 (2) (b) 6m., 343.06 (1) (L), 343.10
12(7) (d), 343.11 (1), 343.11 (3), 343.11 (3), 343.14 (3), 343.165 (1) (intro.), 343.165
13(2), 343.165 (3) (a), 343.165 (4) (a), 343.165 (4) (c), 343.165 (4) (d), 343.165 (5),
14343.17 (3) (a) 2., 343.17 (5), 343.50 (3), 343.50 (4), 343.50 (5) (a) 1., 343.50 (5m)
1and 343.50 (6);
to repeal and recreate 343.17 (5), 343.50 (1), 343.50 (3), 343.50
2(4), 343.50 (4g), 343.50 (5) (a) and 343.50 (6); and
to create 5.02 (6m), 5.02 (16c),
36.15 (2) (bm), 6.79 (2) (am), 6.79 (3) (b), 6.79 (7), 6.87 (4) (a), 6.87 (4) (b) 2., 6.87
4(4) (b) 3., 6.87 (4) (b) 4., 6.87 (4) (b) 5., 6.875 (1) (ap) and (asm), 6.875 (2) (d),
56.965, 6.97 (3) (a), 6.97 (3) (c), 7.08 (12), 343.03 (3r), 343.14 (3m), 343.165 (7),
6343.17 (3) (a) 14., 343.50 (1) (c), 343.50 (4g) and 343.50 (5) (a) 3. of the statutes;
7relating to: requiring certain identification in order to vote at a polling place
8or obtain an absentee ballot; absentee voting procedure in certain residential
9care apartment complexes and adult family homes; a requirement for electors
10to provide a signature when voting in person at an election; the duration of
11residency for voting purposes; and issuance of operator's licenses and
12identification cards by the Department of Transportation.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2011 Senate Bill 6 consists of the following documents
adopted in the senate on February 24, 2011: Senate Substitute Amendment 1, as
affected by Senate Amendment 1. The text also includes chief clerk's corrections to
Senate Substitute Amendment 1 dated February 23 and 24 and April 27, 2011, and
chief clerk's corrections to Senate Amendment 1 to Senate Substitute Amendment
1 dated March 1 and April 27, 2011.
Content of Engrossed 2011 Senate Bill 6:
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 bill requires each eligible elector who
attempts to register or to vote at the polls on election day to present "proof of
identification." Under the bill, "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 bill (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;
or e) an identification card issued by a federally recognized Indian tribe in this state.
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
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 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; 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 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. 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 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 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 bill initially applies to voting
at the 2012 spring primary. The bill also provides that an elector who votes at a
polling place at an election held after the bill 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 bill 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 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 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 bill 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 bill, 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 bill creates a religious belief photograph exception for REAL ID
noncompliant driver's licenses and identification cards.
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 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.
Currently, with limited exceptions, an elector must be registered in order to
vote in an election in this state. In order to register, an elector must provide certain
information on a registration form and affirm the correctness of the information with
his or her signature. If an elector is unable, due to physical disability, to sign his or
her registration form, the elector may have another person sign on his or her behalf.
An elector who has not previously registered may register at the polling place serving
his or her residence on election day. Currently, when appearing to vote, an elector
must provide his or her name and address to the election officials and in some cases
must also provide proof of residence. Currently, an absentee elector may vote by mail
or at the office of the municipal clerk of the municipality where he or she resides. The
names of registered electors are checked against a poll list consisting of the names
of registered electors and the names of other electors are entered on a separate list.
Signature requirement for electors voting in person
This bill provides, with limited exceptions, that an elector must also enter his
or her signature on the poll list or other separate list when voting at a polling place
at an election. Under the bill, 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 bill 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 bill 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. Under the bill,
the signature requirement initially applies beginning with elections held on and
after the day the bill becomes law.
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 bill
increases this durational residency requirement to 28 consecutive days. Under the
bill, 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. Under the bill, the residency requirement initially applies beginning with
the 2012 spring primary.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB6-engrossed,7,2
15.02
(6m) "Identification" means any of the following documents issued to an
2individual:
SB6-engrossed,7,43
(a) One of the following documents that is unexpired or if expired has expired
4after the date of the most recent general election:
SB6-engrossed,7,55
1. An operator's license issued under ch. 343.
SB6-engrossed,7,66
2. An identification card issued under s. 343.50.
SB6-engrossed,7,77
3. An identification card issued by a U.S. uniformed service.
SB6-engrossed,7,88
4. A U.S. passport.
SB6-engrossed,7,109
(b) A certificate of U.S. naturalization that was issued not earlier than 2 years
10before the date of an election at which it is presented.
SB6-engrossed,7,1111
(c) An unexpired driving receipt under s. 343.11.
SB6-engrossed,7,1212
(d) An unexpired identification card receipt issued under s. 343.50.
SB6-engrossed,7,1413
(e) An identification card issued by a federally recognized Indian tribe in this
14state.
SB6-engrossed,7,2016
5.02
(16c) "Proof of identification" means identification that contains the name
17of the individual to whom the document was issued, which name conforms to the
18individual's voter registration form, if the individual is required to register to vote,
19and that contains a photograph of the individual, except as authorized in s. 343.14
20(3m) or 343.50 (4g).
SB6-engrossed,7,2422
5.35
(6) (a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3)
23(intro), (d), (f), (g), (k), (L), (o), (q), (r), (u),
(v) and (x), together with the applicable
24penalties provided in s. 12.60 (1).
SB6-engrossed,8,3
15.35
(6) (a) 4a. Instructions prescribed by the board for electors for whom
proof
2of identification is required under s. 6.79 (2) or for whom proof of residence under s.
36.34 is required under s. 6.55 (2).
SB6-engrossed,8,75
6.02
(1) Every U.S. citizen age 18 or older who has resided in an election district
6or ward for
10 28 consecutive days before any election where the citizen offers to vote
7is an eligible elector.