23,90
Section
90. 6.97 (3) of the statutes is renumbered 6.97 (3) (b) and amended to read:
6.97 (3) (b) Whenever the municipal clerk or executive director of the municipal board of election commissioners is informed by the inspectors that a ballot has been cast under this section, the clerk or executive director shall promptly provide written notice to the board of canvassers of each municipality, special purpose district, and county that is responsible for canvassing the election of the number of ballots cast under this section in each ward or election district. The municipal clerk or executive director then shall determine whether each individual voting under this section is qualified to vote in the ward or election district where the individual's ballot is cast. If the elector is required to provide proof of identification or a copy thereof under s. 6.79 (2), 6.86 (1) (ar), or 6.87 (4) (b) 1. and fails to do so, the elector bears the burden of correcting the omission by providing the proof of identification or copy thereof at the polling place before the closing hour or at the office of the municipal clerk or board of election commissioners no later than 4 p.m. on the Friday after the election. The municipal clerk or executive director shall make a record of the procedure used to determine the validity of each ballot cast under this section. If, prior to 4 p.m. on the day
Friday after the election, the municipal clerk or executive director determines that the individual is qualified to vote in the ward or election district where the individual's ballot is cast, the municipal clerk or executive director shall notify the board of canvassers for each municipality, special purpose district and county that is responsible for canvassing the election of that fact.
23,91
Section
91. 6.97 (3) (a) of the statutes is created to read:
6.97 (3) (a) Whenever an elector who votes by provisional ballot under sub. (1) or (2) because the elector does not provide proof of identification or a copy thereof under s. 6.79 (2), 6.86 (1) (ar), or 6.87 (4) (b) 1. later appears at the polling place where the ballot is cast before the closing hour and provides the proof of identification or a copy thereof, the inspectors shall remove the elector's ballot from the separate carrier envelope, shall note on the poll list that the elector's provisional ballot is withdrawn, and shall deposit the elector's ballot in the ballot box. If the inspectors have notified the municipal clerk or executive director of the board of election commissioners that the elector's ballot was cast under this section, the inspectors shall notify the clerk or executive director that the elector's provisional ballot is withdrawn.
23,92
Section
92. 6.97 (3) (c) of the statutes is created to read:
6.97 (3) (c) A ballot cast under this section by an elector for whom proof of identification or a copy thereof is required under s. 6.79 (2), 6.86 (1) (ar), or 6.87 (4) (b) 1. shall not be counted unless the municipal clerk or executive director of the board of election commissioners provides timely notification that the elector has provided proof of identification or a copy thereof under this section.
23,93
Section
93. 7.08 (8) (title) of the statutes is amended to read:
7.08 (8) (title) Electors voting without proof of residence or identification or pursuant to court order.
23,94
Section
94. 7.08 (9) of the statutes is repealed.
23,95
Section
95. 7.08 (12) of the statutes is created to read:
7.08 (12) Assistance in obtaining proof of identification. Engage in outreach to identify and contact groups of electors who may need assistance in obtaining or renewing a document that constitutes proof of identification for voting under s. 6.79 (2) (a), 6.86 (1) (ar), or 6.87 (4) (b) 1., and provide assistance to the electors in obtaining or renewing that document.
23,96
Section
96. 7.15 (1) (cm) of the statutes is amended to read:
7.15 (1) (cm) Prepare official absentee ballots for delivery to electors requesting them, and send or transmit an official absentee ballot to each elector who has requested one a ballot by mail, electronic mail, or facsimile transmission no later than the 30th day before each September primary and general election and no later than the 21st day before each other primary and election if the request is made before that day; otherwise, the municipal clerk shall send or transmit an official absentee ballot within one day of the time the elector's request for such a ballot is received.
23,97
Section
97. 7.15 (1) (j) of the statutes is amended to read:
7.15 (1) (j) Send or transmit an absentee ballot automatically to each person making an authorized request therefor in accordance with s. 6.22 (4) or 6.86 (2) or (2m).
23,98
Section
98. 7.15 (1) (L) of the statutes is repealed.
23,99
Section
99. 7.23 (1) (e) of the statutes is amended to read:
7.23 (1) (e) Poll lists created at a nonpartisan primary or for any election may be destroyed 2 years 22 months after the primary or election at which they were created and poll lists created at a partisan primary or election may be destroyed 4 years after the primary or election at which they were created.
23,100
Section
100. 7.50 (2) (a) of the statutes is repealed.
23,101
Section
101. 7.52 (3) (a) of the statutes is amended to read:
7.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier envelope only, and, in such a manner that a member of the public, if he or she desired, could hear, announce the name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47 (2). When the board of absentee ballot canvassers finds that the certification has been properly executed and the applicant is a qualified elector of the ward or election district, the board of absentee ballot canvassers shall enter an indication on the poll list next to the applicant's name indicating an absentee ballot is cast by the elector. The board of absentee ballot canvassers shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The board of absentee ballot canvassers shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the board of absentee ballot canvassers shall verify that the ballot has been endorsed by the issuing clerk. If the poll list indicates that proof of residence is required and no proof of residence is enclosed or the name or address on the document that is provided is not the same as the name and address shown on the poll list, or if the elector is not a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s. 6.34 (1) (b), and the elector is required to provide, or to provide a copy of, proof of identification under s. 6.87 (4) (b) 1. and no copy of the proof of identification is enclosed or the name on the document cannot be verified by the canvassers, the board of absentee ballot canvassers shall proceed as provided under s. 6.97 (2). The board of absentee ballot canvassers shall mark the poll list number of each elector who casts an absentee ballot on the back of the elector's ballot. The board of absentee ballot canvassers shall then deposit the ballot into the proper ballot box and enter the absent elector's name or poll list number after his or her name on the poll list.
23,102
Section
102. 7.52 (6) (b) of the statutes is amended to read:
7.52 (6) (b) Any elector may challenge for cause any absentee ballot. For the purpose of deciding upon ballots that are challenged for any reason, the board of absentee ballot canvassers may call before it any person whose absentee ballot is challenged if the person is available to be called. If the person challenged refuses to answer fully any relevant questions put to him or her by the board of absentee ballot canvassers under s. 6.92, the board of absentee ballot canvassers shall reject the person's vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the members of the board of absentee ballot canvassers shall administer to the person the following oath or affirmation: "You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 28 consecutive days have been a resident of this ward except under s. 6.02 (2), stats.; you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election." If the person challenged refuses to take the oath or affirmation, the person's vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the board of absentee ballot canvassers under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person's vote shall be received.
23,103
Section
103. 10.02 (3) (form) (a) of the statutes is amended to read:
10.02 (3) (form) (a) Upon entering the polling place and before being permitted to vote, an elector shall state his or her name and address. If an elector is not registered to vote, an elector may register to vote at the polling place serving his or her residence if the elector presents proof of identification in a form specified by law unless the elector is exempted from this requirement, and, if the document presented does not constitute proof of residence, the elector provides proof of residence or the elector's registration is verified by another elector of the same municipality where the elector resides. Where ballots are distributed to electors, the initials of 2 inspectors must appear on the ballot. Upon being permitted to vote, the elector shall retire alone to a voting booth or machine and cast his or her ballot, except that an elector who is a parent or guardian may be accompanied by the elector's minor child or minor ward. An election official may inform the elector of the proper manner for casting a vote, but the official may not in any manner advise or indicate a particular voting choice.
23,104
Section
104. 10.02 (3) (b) 1. of the statutes is amended to read:
10.02 (3) (b) 1. If an elector wishes to vote for all candidates nominated by any party, the elector shall make a cross (7) or depress the lever or button next to the party designation shown at the top of the ballot. Unless a name has been erased or crossed out, another name written in, a cross made next to the name of a candidate for the same office in another column or a sticker applied, a cross next to a party designation at the top of the column is a vote for all the party's candidates listed in the column. If an elector does not wish to vote for all the candidates nominated by one party, the The elector shall make a cross (7) next to or separately depress the levers or buttons next to each candidate's name for whom he or she intends to vote, or shall insert or write in the name of a candidate.
23,105
Section
105. 10.02 (3) (c) of the statutes is amended to read:
10.02 (3) (c) In presidential elections, unless the elector wishes to vote for all candidates nominated by any party, the elector shall make a cross (7) next to or depress the button or lever next to the set of candidates for president and vice president for whom he or she intends to vote. A vote for candidates for president and vice president is a vote for the presidential electors of those candidates.
23,106
Section
106. 12.03 (2) (b) 3. of the statutes is amended to read:
12.03 (2) (b) 3. No person may engage in electioneering within 100 feet of an entrance to or within a nursing home or, qualified retirement home or, qualified community-based residential facility, qualified residential care apartment complex, or qualified adult family home while special voting deputies are present at the home or facility.
23,107
Section
107. 12.13 (2) (b) 6m. of the statutes is amended to read:
12.13 (2) (b) 6m. Obtain an absentee ballot for voting in a nursing home or qualified retirement home or, qualified community-based residential facility, qualified residential care apartment complex, or qualified adult family home under s. 6.875 (6) and fail to return the ballot to the issuing officer.
23,108
Section
108. 12.13 (3) (v) of the statutes is repealed.
23,109
Section
109. 343.03 (3r) of the statutes is created to read:
343.03
(3r) Real ID Noncompliant license. If any license described under sub. (3) is issued based upon the exception specified in s. 343.165 (7), the license shall, in addition to any legend or label described in sub. (3), be marked in a manner consistent with requirements under applicable federal law and regulations to indicate that the license is issued in accordance with P.L.
109-13, section 202 (d) (11), and is not intended to be accepted by any federal agency for federal identification or any other official purpose.
343.06 (1) (L) To any person who does not satisfy the requirements under s. 343.165 (1).
343.10 (7) (d) An occupational license issued by the department under this subsection shall be in the form of a license that includes a photograph described in s. 343.14 (3), unless the exception under s. 343.14 (3m) applies, and any special restrictions cards under s. 343.17 (4). The license shall clearly indicate that restrictions on a special restrictions card apply and that the special restrictions card is part of the person's license.
23,112
Section
112. 343.11 (1) of the statutes is amended to read:
343.11 (1) The department shall not issue a license to a person previously licensed in another jurisdiction unless such person surrenders to the department all valid operator's licenses possessed by the person issued by any other jurisdiction, which surrender operates as a cancellation of the surrendered licenses insofar as the person's privilege to operate a motor vehicle in this state is concerned. When such applicant surrenders the license to the department, the department shall issue a receipt therefor, which receipt shall constitute a temporary license to operate a motor vehicle for a period not to exceed 60 days if the applicant meets the standard required for eyesight and, in the opinion of the examiner, is not a dangerous hazard to the applicant and other users of the highways. Except as provided in s. 343.055, the temporary license shall not be valid authorization for the operation of commercial motor vehicles. The temporary license shall be surrendered to the examiner for cancellation by the department if the 3rd attempt at the driving test is failed and the applicant shall be required to secure a temporary instruction permit for further practice driving.
23,113
Section
113. 343.11 (3) of the statutes is amended to read:
343.11 (3) Except as provided in sub. (1), the department may issue a receipt to any applicant for a license, which receipt shall constitute a temporary license to operate a motor vehicle while the application for license is being processed. Such temporary license shall be valid for a period not to exceed 30 60 days.
23,114
Section
114
. 343.11 (3) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:
343.11 (3) Except as provided in sub. (1), the department may issue a receipt to any applicant for a license, which receipt shall constitute a temporary license to operate a motor vehicle while the application for license is being processed. Such temporary license shall be valid for a period not to exceed 60 days. If the application for a license is processed under the exception specified in s. 343.165 (7), the receipt shall include the marking specified in s. 343.03 (3r).
343.14 (3) The Except as provided in sub. (3m), the department shall, as part of the application process, take a digital photograph including facial image capture of the applicant to comply with s. 343.17 (3) (a) 2. No
Except as provided in sub. (3m), no application may be processed without the photograph being taken. Except as provided in sub. (3m) and s. 343.165 (4) (d), in the case of renewal licenses, the photograph shall be taken once every 8 years, and shall coincide with the appearance for examination which is required under s. 343.16 (3).
23,116
Section
116. 343.14 (3m) of the statutes is created to read:
343.14 (3m) If the application for a license is processed under the exception specified in s. 343.165 (7), the application may be processed and the license issued or renewed without a photograph being taken of the applicant if the applicant provides to the department an affidavit stating that the applicant has a sincerely held religious belief against being photographed; identifying the religion to which he or she belongs or the tenets of which he or she adheres to; and stating that the tenets of the religion prohibit him or her from being photographed.
343.165 (1) (intro.) The Subject to ss. 343.14 (3m) and 343.50 (4g), the department may not complete the processing of an application for initial issuance or renewal of an operator's license or identification card received by the department after May 10, 2008 the effective date of this subsection .... [LRB inserts date], and no such license or identification card may be issued or renewed, unless the applicant presents or provides, and, subject to sub. (7), the department verifies under sub. (3), all of the following information:
343.165 (2) (a) The Subject to sub. (7), the department shall, in processing any application for an operator's license or identification card under sub. (1), capture a digital image of each document presented or provided to the department by an applicant. Images captured under this paragraph shall be maintained, in electronic storage and in a transferable format, in the applicant's file or record as provided under ss. 343.23 (2) (a) and 343.50 (8) (a).
(b) The Subject to sub. (7), the department shall record in the applicant's file under s. 343.23 (2) (a) or record under s. 343.50 (8) (a) the date on which verification under subs. (1) and (3) is completed.
343.165 (3) (a) Except as provided in pars. (b) and (c) and subject to sub. (7), the department shall verify, in the manner and to the extent required under federal law, each document presented or provided to the department that is required to be presented or provided to the department by an applicant under sub. (1).
343.165 (4) (a) Subsection (1) does not apply to an application for renewal of an operator's license or identification card received by the department after May 10, 2008 the effective date of this paragraph .... [LRB inserts date], if in connection with a prior application after May 10, 2008 the effective date of this paragraph .... [LRB inserts date], the applicant previously presented or provided, and the department verified under sub. (3) or (7), the information specified in sub. (1) and, if verified under sub. (3), the department recorded the date on which the verification procedures were completed as described in sub. (2) (b).
343.165 (4) (c) Notwithstanding pars. (a) and (b), no operator's license displaying the legend required under s. 343.03 (3m) or identification card displaying the legend required under s. 343.50 (3) (a) may be renewed unless the applicant presents or provides valid documentary proof under sub. (1) (e) and this proof shows that the status by which the applicant qualified for the license or identification card has been extended by the secretary of the federal department of homeland security.
343.165 (4) (d) With any license or identification card renewal following a license or identification card expiration established under s. 343.20 (1m) or 343.50 (5) (c) at other than an 8-year interval, the department may determine whether the applicant's photograph is to be taken, or if the renewal is for a license the applicant is to be examined, or both, at the time of such renewal, so long as the applicant's photograph is taken, and if the renewal is for a license the applicant is examined, with a license or card renewal at least once every 8 years and the applicant's license or identification card at all times includes a photograph unless an exception under s. 343.14 (3m) or 343.50 (4g) applies.
343.165 (5) The department may, by rule, require that applications for reinstatement of operator's licenses or identification cards, issuance of occupational licenses, reissuance of operator's licenses, or issuance of duplicate operator's licenses or identification cards, received by the department after May 10, 2008 the effective date of this subsection .... [LRB inserts date], be processed in a manner consistent with the requirements established under this section for applications for initial issuance or renewal of operator's licenses and identification cards.
23,124
Section
124. 343.165 (7) of the statutes is created to read:
343.165 (7) (a) The department may process an application for, and issue or renew, an operator's license or identification card without meeting the requirements under subs. (2) and (3) if all of the following apply:
1. The operator's license contains the marking specified in s. 343.03 (3r) or the identification card contains the marking specified in s. 343.50 (3) (b).
2. The operator's license or identification card is processed and issued or renewed in compliance with applicable department practices and procedures that were in effect immediately prior to the effective date of this subdivision .... [LRB inserts date].
(b) In addition to other instances of original issuance or renewal, this subsection specifically applies to renewals occurring after the effective date of this paragraph .... [LRB inserts date], of operator's licenses or identification cards originally issued prior to the effective date of this paragraph .... [LRB inserts date].
23,125
Section
125. 343.17 (3) (a) 2. of the statutes is amended to read:
343.17 (3) (a) 2. A color photograph of the person
, unless the exception under s. 343.14 (3m) applies.
23,126
Section
126. 343.17 (3) (a) 14. of the statutes is created to read:
343.17 (3) (a) 14. If the license contains the marking specified in s. 343.03 (3r), a distinctive appearance specified by the department that clearly distinguishes the license from other operator's licenses or identification cards issued by the department and that alerts federal agency and other law enforcement personnel that the license may not be accepted for federal identification or any other official purpose.
23,127
Section
127. 343.17 (5) of the statutes is amended to read:
343.17 (5) No photos on temporary licenses. The temporary licenses issued under ss. 343.10, 343.11 (1) and (3), 343.16 (6) (b), and 343.305 (8) (a) shall be on forms provided by the department and shall contain the information required by sub. (3), except the license is that temporary licenses under ss. 343.16 (6) (b) and 343.305 (8) (a), and temporary licenses subject to any photograph exception under s. 343.14 (3), are not required to include a photograph of the licensee.
23,128
Section
128. 343.17 (5) of the statutes, as affected by
2007 Wisconsin Act 20 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:
343.17 (5) No photos on temporary licenses. The temporary licenses issued under ss. 343.10, 343.11 (1) and (3), 343.16 (6) (b), and 343.305 (8) (a) shall be on forms provided by the department and shall contain the information required by sub. (3), except that temporary licenses under ss. 343.16 (6) (b) and 343.305 (8) (a) are not required to include a photograph of the licensee. This subsection does not apply to a noncitizen temporary license, as described in s. 343.03 (3m).
23,129
Section
129. 343.50 (1) of the statutes is renumbered 343.50 (1) (a).
23,130
Section
130. 343.50 (1) of the statutes, as affected by
2007 Wisconsin Act 20 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:
343.50 (1) (a) Subject to par. (b) and s. 343.165, the department shall issue to every qualified applicant, who has paid all required fees, an identification card as provided in this section.
(b) The department may not issue an identification card to a person previously issued an operator's license in another jurisdiction unless the person surrenders to the department any valid operator's license possessed by the person issued by another jurisdiction, which surrender operates as a cancellation of the license insofar as the person's privilege to operate a motor vehicle in this state is concerned. Within 30 days following issuance of the identification card under this section, the department shall destroy any operator's license surrendered under this paragraph and report to the jurisdiction that issued the surrendered operator's license that the license has been destroyed and the person has been issued an identification card in this state.
(c) The department may issue a receipt to any applicant for an identification card, which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 60 days. If the application for an identification card is processed under the exception specified in s. 343.165 (7), the receipt shall include the marking specified in sub. (3) (b).
23,131
Section
131. 343.50 (1) (c) of the statutes is created to read:
343.50 (1) (c) The department may issue a receipt to any applicant for an identification card, which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 60 days.
23,132
Section
132. 343.50 (3) of the statutes is amended to read:
343.50 (3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY". The information on the card shall be the same as specified under s. 343.17 (3). The card may serve as a record of gift under s. 157.06 (2) (t) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a record of refusal under s. 157.06 (2) (u). The Except as provided in sub. (4g), the card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.
23,133
Section
133. 343.50 (3) of the statutes, as affected by
2007 Wisconsin Act 20 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:
343.50 (3) Design and contents of card. (a) The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY." The information on the card shall be the same as specified under s. 343.17 (3). If the issuance of the card requires the applicant to present any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall display, on the front side of the card, a legend identifying the card as temporary. The card shall contain physical security features consistent with any requirement under federal law. The card may serve as a record of gift under s. 157.06 (2) (t) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a record of refusal under s. 157.06 (2) (u). Except as provided in sub. (4g), the card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.
