Amendment SSA1-SB68

LRBs0048/1

JTK/TNF/ARG:kmg:cph

2003 - 2004 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2003 SENATE BILL 68

May 20, 2003 - Offered by Committee on Education, Ethics and Elections.

SB68-SSA1,2,2 An Act to repeal 6.15 (3) (a) (title), 6.15 (3) (b) (title) and 6.56 (5); to renumber 6.79 (3); to renumber and amend 6.15 (3) (a) 1., 2. and 3., 6.15 (3) (b) and 6.87 (4); to amend 5.40 (6), 6.15 (2) (title), 6.15 (2) (a) (intro.), 6.22 (2) (b), 6.24 (4) (d), 6.29 (1), 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (c) 2., 6.55 (2) (d), 6.55 (3), 6.55 (7) (c) 1., 6.55 (7) (c) 2., 6.79 (1), 6.79 (2), 6.79 (3) (title), 6.79 (4), 6.79 (6) (a), 6.79 (6) (b), 6.82 (1) (a), 6.86 (1) (ar), 6.86 (3) (a), 6.87 (3) (d), 6.88 (3) (a), 10.02 (3) (a), 343.50 (3), 343.50 (4), 343.50 (5) and 343.50 (6); to repeal and recreate 6.79 (6) (title); and to create 6.15 (2) (bm), 6.15 (2) (d) 1g., 6.15 (2) (e), 6.79 (3) (b), 6.869, 6.87 (4) (a), 6.87 (4) (b) 2. and 3., 6.97 and 343.50 (4g) of the statutes; relating to: requiring identification in order to vote at a polling place or obtain an absentee ballot and the fee for an identification card issued by the Department of Transportation.

Analysis by the Legislative Reference Bureau

With certain limited exceptions, before being permitted to vote at any polling place, an elector currently must provide his or her name and address. If registration is required in order to vote and the elector is not registered, the elector must provide a specified form of proof of residence in order to register. If an elector claims to be registered but his or her name does not appear on the appropriate registration list, the elector must complete a certification of eligibility and present acceptable proof of residence in order to vote. In addition, an elector may be required to provide acceptable proof of residence even if registration is not required. If an elector is not able to present any required proof of residence, as an alternative, current law permits another qualified elector who resides in the same municipality to corroborate the elector's information.

With certain limited exceptions, this substitute amendment requires each person attempting to register or vote at the polls on election day to present a valid Wisconsin driver's license issued by the Department of Transportation (DOT) to the person that contains the person's photograph, a valid, current identification card issued to the person by a U.S. uniformed service, or a valid Wisconsin identification card issued by DOT to the person. Under the substitute amendment, any person who applies for an absentee ballot, except a military or overseas elector, as defined by federal law must provide a copy of the identification, unless the person has already provided a copy of his or her 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, or unless 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. If a person who votes at a polling place fails to provide identification or fails to provide sufficient identification and the person has registered by mail and has never voted in a federal election in this state, the person may vote provisionally. If a person other than a military or overseas elector, as defined by federal law, votes by absentee ballot and fails to provide the required identification or sufficient identification, 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 to the clerk or board. If the person does not provide the required identification to the clerk or board of election commissioners by 4. p.m. or the close of business, whichever is later, on the day following the election, the person's vote is not counted. Under the substitute amendment, the clerk or board of election commissioners must determine the validity of identification no later than the end of the day after the election. The decision of the clerk or board of election commissioners is final and is not subject to review during the canvassing process or during any recount.

The 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 specifically requests not to be charged. The substitute amendment 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, and that the religious tenets of that organization prohibit such photographing.

In addition, the substitute amendment deletes the authority for an elector to utilize corroboration in order to register to vote or to vote on election day.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB68-SSA1, s. 1 Section 1. 5.40 (6) of the statutes is amended to read:

SB68-SSA1,3,4 5.40 (6) A municipality which utilizes voting machines or an electronic voting system at a polling place may permit use of the machines or system by electors voting under s. 6.15 only as authorized under s. 6.15 (3) (b).

SB68-SSA1, s. 2 Section 2. 6.15 (2) (title) of the statutes is amended to read:

SB68-SSA1,3,6 6.15 (2) (title) Application for ballot Procedure at clerk's office.

SB68-SSA1, s. 3 Section 3. 6.15 (2) (a) (intro.) of the statutes is amended to read:

SB68-SSA1,4,2 6.15 (2) (a) (intro.) The elector's request for the application form may be made to the proper municipal clerk either in person or in writing any time during the 10-day period in which the elector's residence requirement is incomplete, but not later than the applicable deadline for making application for an absentee ballot. Except as provided in par. (e), application may be made not sooner than 9 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in for the ward or election district in which the elector resides. The application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form:

SB68-SSA1, s. 4 Section 4. 6.15 (2) (bm) of the statutes is created to read:

SB68-SSA1,4,8 6.15 (2) (bm) When making application in person at the office of the municipal clerk, each applicant shall present a valid operator's license issued to the person under ch. 343 that contains a photograph of the license holder, a valid, current identification card issued to the person by a U.S. uniformed service, or a valid identification card issued to the person under s. 343.50.

SB68-SSA1, s. 5 Section 5. 6.15 (2) (d) 1g. of the statutes is created to read:

SB68-SSA1,4,14 6.15 (2) (d) 1g. If the elector makes application in person at the office of the municipal clerk, the clerk shall verify that the name on the identification provided by the elector under par. (bm) is the same as the name on the elector's application and shall verify that the photograph contained in the identification reasonably resembles the elector.

SB68-SSA1, s. 6 Section 6. 6.15 (2) (e) of the statutes is created to read:

SB68-SSA1,4,21 6.15 (2) (e) If the elector makes application in writing but does not appear in person, and the clerk receives a properly completed application and cancellation card from the elector, the clerk shall provide the elector with a ballot. If the ballot is to be mailed, the application must be received no later than 5 p.m. on the Friday before the election. In order to be counted, the ballot must be received by the municipal clerk no later than 5 p.m. on the day before the election.

SB68-SSA1, s. 7 Section 7. 6.15 (3) (a) (title) of the statutes is repealed.

SB68-SSA1, s. 8 Section 8. 6.15 (3) (a) 1., 2. and 3. of the statutes are renumbered 6.15 (2) (d) 1r., 2. and 3., and 6.15 (2) (d) 1r., as renumbered, is amended to read:

SB68-SSA1,5,11 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card, and compliance with subd. 1g., the municipal clerk shall inform the elector that he or she may vote for the presidential electors not sooner than 9 days nor later than 5 p.m. on the day before the election at the office of the municipal clerk, or at a specified polling place on election day. When voting at the municipal clerk's office, the applicant shall provide identification and permit the elector to cast his or her ballot for president and vice president. The elector shall then mark the ballot in the clerk's presence in a manner that will not disclose his or her vote. Unless the ballot is utilized with an electronic voting system, the applicant elector shall fold the ballot so as to conceal his or her vote. The applicant elector shall then deposit the ballot and seal it in an envelope furnished by the clerk.

SB68-SSA1, s. 9 Section 9. 6.15 (3) (b) (title) of the statutes is repealed.

SB68-SSA1, s. 10 Section 10. 6.15 (3) (b) of the statutes is renumbered 6.15 (3) and amended to read:

SB68-SSA1,6,7 6.15 (3) Voting procedure Procedure at polling place. An eligible elector may appear at the polling place for the ward or election district where he or she resides and make application for a ballot under sub. (2). In such case, the inspector or special registration deputy Except as otherwise provided in this subsection, an elector who casts a ballot under this subsection shall follow the same procedure required for casting a ballot at the municipal clerk's office under sub. (2). The inspectors shall perform the duties of the municipal clerk. The elector shall provide identification. If the elector is qualified, he or she shall be permitted to vote, except that the inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk and the clerk shall forward the card as provided under sub. (2) (c) if required. Upon proper completion of the application and cancellation card and compliance with sub. (2) (d) 1g., the inspectors shall permit the elector to cast his or her ballot for president and vice president. The elector shall then mark the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and shall deposit the ballot into the ballot box or give it to the inspector. The inspector shall deposit it directly into the ballot box. Voting machines or ballots utilized with electronic voting systems may only be used by electors voting under this section if they permit voting for president and vice president only.

SB68-SSA1, s. 11 Section 11. 6.22 (2) (b) of the statutes is amended to read:

SB68-SSA1,6,11 6.22 (2) (b) Notwithstanding s. 6.87 (4) (b), a military elector shall make and subscribe to the certification under s. 6.87 (2) before a witness who is an adult U.S. citizen.

SB68-SSA1, s. 12 Section 12. 6.24 (4) (d) of the statutes is amended to read:

SB68-SSA1,6,20 6.24 (4) (d) An overseas elector who is not registered may request both a registration form and an absentee ballot at the same time, and the municipal clerk shall send the ballot automatically if the registration form is received within the time prescribed in s. 6.28 (1). The board shall prescribe a special certificate form for the envelope in which the absentee ballot for overseas electors is contained, which shall be substantially similar to that provided under s. 6.87 (2). Notwithstanding s. 6.87 (4) (b), an overseas elector shall make and subscribe to the special certificate form before a witness who is an adult U.S. citizen.

SB68-SSA1, s. 13 Section 13. 6.29 (1) of the statutes is amended to read:

SB68-SSA1,7,2 6.29 (1) No names may be added to a registration list for any election after the close of registration, except as authorized under this section or s. 6.28 (1), 6.55 (2), or 6.86 (3) (a) 2. Any person whose name is not on the registration list but who is otherwise a qualified elector is entitled to vote at the election upon compliance with this section, if the person complies with all other requirements for voting at the polling place.

SB68-SSA1, s. 14 Section 14. 6.55 (2) (b) of the statutes is amended to read:

SB68-SSA1,7,18 6.55 (2) (b) Upon executing the registration form under par. (a), the person shall be required by a special registration deputy or inspector to present a valid operator's license issued to the person under ch. 343 that contains the photograph of the license holder, a valid, current identification card issued to the person by a U.S. uniformed service, or a valid identification card issued to the person under s. 343.50. If the identification presented is not acceptable proof of residence under sub. (7), the person shall also present acceptable proof of residence under sub. (7). If the person cannot supply such proof, the registration form shall be substantiated and signed by one other elector who resides in the same municipality as the registering elector, corroborating all the material statements therein. The corroborator shall then provide acceptable proof of residence. The signing by the elector executing the registration form and by any elector who corroborates the information in the form under par. (a) shall be in the presence of the special registration deputy or inspector. Upon compliance with this procedure and all other requirements for voting at the polling place, such person shall then be given the right to vote.

SB68-SSA1, s. 15 Section 15. 6.55 (2) (c) 1. of the statutes is amended to read:

SB68-SSA1,8,18 6.55 (2) (c) 1. As an alternative to registration at the polling place under pars. (a) and (b), the board of election commissioners, or the governing body of any municipality in which registration is required may by resolution require a person who qualifies as an elector and who is not registered and desires to register on the day of an election to do so at another readily accessible location in the same building as the polling place serving the elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b), instead of at the polling place serving the elector's residence. In such case, the municipal clerk shall prominently post a notice of the registration location at the polling place. The municipal clerk, deputy clerk, or special registration deputy at the registration location shall require such person to execute a registration form as prescribed under par. (a) and to present a valid operator's license issued to the person under ch. 343 that contains the photograph of the license holder, a valid, current identification card issued to the person by a U.S. uniformed service, or a valid identification card issued to the person under s. 343.50. If the identification presented is not acceptable proof of residence under sub. (7), the person shall also provide acceptable proof of residence as provided under sub. (7). If the person cannot supply such proof, the registration form shall be corroborated in the manner provided in par. (b). The signing by the elector executing the registration form and by any corroborating elector as prescribed under par. (a) shall be in the presence of the municipal clerk, deputy clerk, or special registration deputy. Upon proper completion of registration, the municipal clerk, deputy clerk, or special registration deputy shall serially number the registration and give one copy to the elector for presentation at the polling place serving the elector's residence or an alternate polling place assigned under s. 5.25 (5) (b).

SB68-SSA1, s. 16 Section 16. 6.55 (2) (c) 2. of the statutes is amended to read:

SB68-SSA1,9,2 6.55 (2) (c) 2. Upon compliance with the procedures under subd. 1., the municipal clerk or deputy clerk shall issue a certificate addressed to the inspectors of the proper polling place directing that the elector be permitted to cast his or her vote. If the elector's registration is corroborated, the clerk shall enter the name and address of the corroborator on the face of the certificate if the elector complies with all requirements for voting at the polling place. The certificate shall be numbered serially and prepared in duplicate. The municipal clerk shall preserve one copy in his or her office.

SB68-SSA1, s. 17 Section 17. 6.55 (2) (d) of the statutes is amended to read:

SB68-SSA1,9,10 6.55 (2) (d) A registered elector who has changed his or her name but resides at the same address, and has not notified the municipal clerk under s. 6.40 (1) (c), shall notify the inspector of the change before voting. The inspector shall then notify the municipal clerk at the time which materials are returned under s. 6.56 (1). If an elector changes has changed both a name and address, the elector shall complete a registration form register at the polling place or other registration location under pars. (a) and (b).

SB68-SSA1, s. 18 Section 18. 6.55 (3) of the statutes is amended to read:

SB68-SSA1,9,25 6.55 (3) Any qualified elector in the ward or election district where the elector desires to vote whose name does not appear on the registration list where registration is required but who claims to be registered to vote in the election may request permission to vote at the polling place for that ward or election district. When the request is made, the inspector shall require the person to give his or her name and address. If the elector is not at the polling place which serves the ward or election district where the elector resides, the inspector shall provide the elector with directions to the correct polling place. If the elector is at the correct polling place, the elector shall then execute the following written statement: "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 days immediately preceding this election, and that I am not disqualified on any ground from voting, and I have not voted at this election and am properly registered to vote in this election." The person shall be required to provide present a valid operator's license issued to the person under ch. 343 that contains a photograph of the license holder, a valid, current identification card issued to the person by a U.S. uniformed service, or a valid identification card issued to the person under s. 343.50. If any identification presented by the person is not acceptable proof of residence as provided under sub. (7), the person shall also present acceptable proof of residence as provided under sub. (7) and shall then be given the right to vote. If acceptable proof is presented, the elector need not have the information corroborated by any other elector. If acceptable proof is not presented, the statement shall be certified by the elector and shall be corroborated by another elector who resides in the municipality. The corroborator shall then provide acceptable proof of residence as provided in sub. (7). Whenever the question of identity or residence cannot be satisfactorily resolved and the elector cannot be permitted to vote, an inspector shall telephone the office of the municipal clerk to reconcile the records at the polling place with those at the office.

SB68-SSA1, s. 19 Section 19. 6.55 (7) (c) 1. of the statutes is amended to read:

SB68-SSA1,10,16 6.55 (7) (c) 1. A Wisconsin motor vehicle An operator's license issued under ch. 343.

SB68-SSA1, s. 20 Section 20. 6.55 (7) (c) 2. of the statutes is amended to read: