This scope statement was approved by the governor on August 19, 2014.
Operator's licenses and identification cards.
Permanent and emergency rule.
1. Finding/Nature of Emergency (Emergency Rule Only)
On July 31, 2014, the Wisconsin Supreme Court upheld 2011 Wisconsin Act 23
, which requires certain identification in order to vote at a polling place or obtain an absentee ballot. NACCP v. Walker
, 2014 WI 98
. The Department of Transportation's Division of Motor Vehicles (“DMV") is required by 2011 Wisconsin Act 23
to issue an identification (“ID") card free of charge to any U.S. citizen who will be at least 18 years of age on the date of the next election and who requests the ID card free of charge for voting purposes, provided they meet statutory requirements.
This emergency rule may be necessary to preserve public welfare by ensuring that DMV will implement the requirements of 2011 Wisconsin Act 23
in a manner consistent with the requirements of NACCP v. Walker
, should the federal injunction against that act be lifted.
2. Detailed Description of the Objective of the Proposed Rule
The DMV is evaluating the holding in NACCP v. Walker and current statutes to determine whether rulemaking is necessary to harmonize those laws. This potential rulemaking is intended to ensure that DMV can issue ID cards to individuals requesting them free of charge for voting purposes consistent with the holding in NACCP v. Walker and current statutes.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Under current administrative rules, an individual who requests a free ID card for voting purposes must present satisfactory proof of name and date of birth, identity, Wisconsin residency, and U.S. citizenship. Many of the enumerated documents acceptable as proof are issued only by government agencies and are available only upon the payment of a fee to a government agency.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Wis. Stat. ss. 343.14
and 343.50 (4)
specify the contents of applications for identification cards and authorizes the Department of Transportation to require such information as the Department considers appropriate to identify the applicant.
Wis. Stat. s. 343.50
requires the Department of Transportation to issue identification cards.
Wis. Stat. s. 343.50 (5) (a) 3.
prohibits the Department of Transportation from charging a fee for an identification card requested by a qualified applicant who requests it free of charge for purposes of voting.
Wis. Stat. s. 343.02 (1)
authorizes the Department of Transportation to promulgate such rules concerning ID cards that the Secretary considers necessary.
Wis. Stat. s. 85.16 (1)
authorizes the Secretary of Transportation to make rules deemed necessary to the discharge of the powers, duties and functions vested in the department.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rulemaking will affect individuals who request an ID card free of charge for voting purposes but who lack supporting documents that can be obtained only upon payment of a fee to a government agency.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address The Activities to be Regulated by the Proposed Rule
There are no federal identification requirements to vote. In general, voting requirements are established by state law.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The Department anticipates that this rule may reduce the financial requirements upon any person who is interested in obtaining an ID card for purposes of voting and who lacks the necessary supporting documentation.
9. Contact Person
Patrick Fernan, Administrator
Division of Motor Vehicles
4802 Sheboygan Ave. Rm. 225
Madison, WI 53707