Amendment SSA1-SB42

LRBs0067/1

JTK&ARG:kjf:rs

2005 - 2006 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2005 SENATE BILL 42

April 7, 2005 - Offered by Committee on Labor and Election Process Reform.

SB42-SSA1,2,2 An Act to repeal 6.56 (5) and 12.13 (3) (v); to renumber 6.79 (3); to renumber and amend 6.87 (4) and 6.97 (3); to amend 5.35 (6) (a) 2., 5.35 (6) (a) 4a., 6.15 (2) (d) 1r., 6.15 (3), 6.22 (2) (b), 6.24 (4) (d), 6.29 (1), 6.29 (2) (a), 6.33 (2) (b), 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (c) 2., 6.55 (3), 6.79 (2) (a) and (d), 6.79 (3) (title), 6.79 (4), 6.79 (6), 6.82 (1) (a), 6.86 (1) (ar), 6.86 (3) (a) 1., 6.86 (3) (a) 2., 6.869, 6.87 (3) (d), 6.875 (title), 6.875 (2) (a), 6.875 (3) and (4), 6.875 (6), 6.88 (3) (a), 6.97 (1) and (2), 7.08 (8) (title), 10.02 (3) (a), 12.13 (2) (b) 6m., 12.13 (4), 343.50 (3), 343.50 (4), 343.50 (5) and 343.50 (6); and to create 6.15 (2) (bm), 6.15 (2) (d) 1g., 6.79 (3) (b), 6.79 (7), 6.87 (4) (a), 6.87 (4) (b) 2. to 5., 6.875 (1) (ap) and (asm), 6.875 (2) (d), 6.965, 6.97 (3) (a) and (c) and 343.50 (4g) of the statutes; relating to: requiring certain identification in order to vote at a polling place or obtain an absentee ballot, verification of the addresses of electors, absentee voting procedure in certain residential care apartment complexes and adult family homes, 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. (Beginning with the 2006 spring primary election, registration will be required on a statewide basis.) 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. 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 a federal election in the municipality where the elector is voting (beginning January 1, 2006, 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 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, 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. A person whose address is confidential as a result of domestic abuse 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 substitute amendment, 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, must 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 of a community-based residential facility, 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 substitute amendment 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. 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 who 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 substitute amendment 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 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.

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 substitute amendment 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.

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

SB42-SSA1, s. 1g Section 1g. 5.35 (6) (a) 2. of the statutes is amended to read:

SB42-SSA1,4,4 5.35 (6) (a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3) (intro), (d), (f), (g), (k), (L), (o), (q), (r), (u), (v) and (x), together with the applicable penalties provided in s. 12.60 (1).

SB42-SSA1, s. 1r Section 1r. 5.35 (6) (a) 4a. of the statutes is amended to read:

SB42-SSA1,4,8 5.35 (6) (a) 4a. Instructions prescribed by the board for electors for whom a license or identification card is required under s. 6.79 (2) or for whom identification is required under s. 6.36 (2) (c) 2.

SB42-SSA1, s. 2 Section 2. 6.15 (2) (bm) of the statutes is created to read:

SB42-SSA1,4,16 6.15 (2) (bm) Except as authorized in s. 6.79 (7), 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, 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 document presented by the applicant is not acceptable proof of residence under s. 6.55 (7), the applicant shall also present acceptable proof of residence under s. 6.55 (7).

SB42-SSA1, s. 3 Section 3. 6.15 (2) (d) 1g. of the statutes is created to read:

SB42-SSA1,5,2 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 license or identification card provided by the elector under par. (bm) is the same as the name on the elector's application and shall verify that any photograph appearing on that document reasonably resembles the elector.

SB42-SSA1, s. 4 Section 4. 6.15 (2) (d) 1r. of the statutes is amended to read:

SB42-SSA1,5,14 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card, the municipal clerk shall require the elector to provide acceptable proof of residence under s. 6.55 (7). If the elector cannot provide acceptable proof of residence, the elector may have his or her residence corroborated in a statement that is signed by another elector of the municipality and that contains the current street address of the corroborating elector. If the residence is corroborated by another elector, that elector shall then provide proof of residence under s. 6.55 (7) 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. The elector shall then fold the ballot so as to conceal his or her vote. The clerk or elector shall then place the ballot in an envelope furnished by the clerk.

SB42-SSA1, s. 5 Section 5. 6.15 (3) of the statutes is amended to read:

SB42-SSA1,6,7 6.15 (3) 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). 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, 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 in sub. (2) (c) if required. Upon proper completion of the application and cancellation card and submittal of acceptable proof of residence under s. 6.55 (7) or providing corroboration of residence 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 mark the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and 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.

SB42-SSA1, s. 6 Section 6. 6.22 (2) (b) of the statutes is amended to read:

SB42-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.

SB42-SSA1, s. 7 Section 7. 6.24 (4) (d) of the statutes is amended to read:

SB42-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.

SB42-SSA1, s. 8 Section 8. 6.29 (1) of the statutes is amended to read:

SB42-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.

SB42-SSA1, s. 8g Section 8g. 6.29 (2) (a) of the statutes is amended to read:

SB42-SSA1,7,17 6.29 (2) (a) Any qualified elector of a municipality who has not previously filed a registration form or whose name does not appear on the registration list of the municipality may register after the close of registration but not later than 5 p.m. or the close of business, whichever is later, on the day before an election at the office of the municipal clerk and at the office of the clerk's agent if the clerk delegates responsibility for electronic maintenance of the registration list to an agent under s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2), a registration form containing all information required under s. 6.33 (1). The elector shall also provide acceptable proof of residence under s. 6.55 (7). Alternatively, if the elector is unable to provide acceptable proof of residence under s. 6.55 (7), the information contained in the registration form shall be corroborated in a statement that is signed by any other elector of the municipality and that contains the current street address of the corroborating elector. The corroborating elector shall then provide acceptable proof of residence under s. 6.55 (7).

SB42-SSA1, s. 8r Section 8r. 6.33 (2) (b) of the statutes is amended to read:

SB42-SSA1,7,23 6.33 (2) (b) Except as provided in s. 6.86 (3) (a) 2., the registration form shall be signed by the registering elector and any corroborating elector under s. 6.29 (2) (a) or 6.55 (2) before the clerk, issuing officer or registration deputy. The form shall contain a certification by the registering elector that all statements are true and correct.

SB42-SSA1, s. 9 Section 9. 6.55 (2) (b) of the statutes is amended to read:

SB42-SSA1,8,16 6.55 (2) (b) Upon executing the registration form under par. (a), except as authorized under s. 6.79 (7), the elector shall be required by a special registration deputy or inspector to present a valid operator's license issued to the elector under ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed service, or a valid identification card issued to the elector under s. 343.50. If any document presented is not acceptable proof of residence under sub. (7), the elector shall also provide acceptable proof of residence under sub. (7). If the elector cannot provide acceptable proof of residence, the information contained in the registration form shall be corroborated in a statement that is signed by any elector who resides in the same municipality as the registering elector and that contains the current street address of the corroborating elector. The corroborator shall then provide acceptable proof of residence as provided in sub. (7). The signing by the elector executing the registration form and by any corroborator shall be in the presence of the special registration deputy or inspector. Upon compliance with this procedure, the elector shall be permitted to cast his or her vote, if the elector complies with all other requirements for voting at the polling place.

SB42-SSA1, s. 10 Section 10. 6.55 (2) (c) 1. of the statutes is amended to read:

SB42-SSA1,9,17 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 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, except as authorized in s. 6.79 (7), to present a valid operator's license issued to the person under ch. 343, 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 document presented by the person 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 elector cannot provide acceptable proof of residence, the information contained in the registration form shall be corroborated in the manner provided in par. (b). The signing by the elector person executing the registration form and by any corroborator , except as provided 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 person for presentation at the polling place serving the elector's person's residence or an alternate polling place assigned under s. 5.25 (5) (b).

SB42-SSA1, s. 11 Section 11. 6.55 (2) (c) 2. of the statutes is amended to read:

SB42-SSA1,9,25 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 complies with all requirements for voting at the polling place. The clerk shall enter the name and address of the elector on the face of the certificate. If the elector's registration is corroborated, the clerk shall also enter the name and address of the corroborator on the face of the certificate. The certificate shall be numbered serially and prepared in duplicate. The municipal clerk shall preserve one copy in his or her office.

SB42-SSA1, s. 12 Section 12. 6.55 (3) of the statutes is amended to read:

SB42-SSA1,11,4 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 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 elector 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 Except as authorized in s. 6.79 (7), the elector shall be required to provide present a valid operator's license issued to the elector under ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed service, or a valid identification card issued to the elector under s. 343.50. If any document presented by the elector is not acceptable proof of residence, the elector shall also present acceptable proof of residence as provided under sub. (7) and shall then be given the right to vote. If the elector cannot provide acceptable proof of residence, the statement shall be certified by the elector and shall be corroborated in a statement that is signed by any other elector who resides in the municipality and that contains the current street address of the corroborating elector. 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.

SB42-SSA1, s. 13 Section 13. 6.56 (5) of the statutes is repealed.

SB42-SSA1, s. 14 Section 14. 6.79 (2) (a) and (d) of the statutes, as affected by 2003 Wisconsin Act 265, section 96, are amended to read:

SB42-SSA1,11,17 6.79 (2) Voting procedure. (a) Unless information on the poll list is entered electronically, the municipal clerk shall supply the inspectors with 2 copies of the most current official registration list or lists prepared under s. 6.36 (2) (a) for use as poll lists at the polling place. Except as provided in sub. subs. (6) and (7) , each person elector, before receiving a serial number, shall state his or her full name and address and present to the officials a valid operator's license issued to the elector under ch. 343, a valid, current identification card issued to the elector by a U.S. uniformed service, or a valid identification card issued to the elector under s. 343.50. The officials shall verify that the name and address provided stated by the person elector are the same as the person's elector's name and address on the poll list.

SB42-SSA1,11,25 (d) If the poll list indicates that identification is required and the document provided by the elector under par. (a) does not constitute identification, the officials shall require the elector to provide identification. If identification is provided, the officials shall verify that the name and address on the identification provided is the same as the name and address shown on the registration list. If identification is required and not provided, or if the elector does not present a license or identification card under par. (a), whenever required, the officials shall offer the opportunity for the elector to vote under s. 6.97.

SB42-SSA1, s. 15 Section 15. 6.79 (3) (title) of the statutes is amended to read:

SB42-SSA1,12,3 6.79 (3) (title) Refusal to give name and address provide name, address, license, or identification card.

SB42-SSA1, s. 16 Section 16. 6.79 (3) of the statutes is renumbered 6.79 (3) (a).