SB42-SSA1, s. 33 13Section 33. 6.97 (1) and (2) of the statutes are amended to read:
SB42-SSA1,28,1914 6.97 (1) Whenever any individual who is required to provide identification in
15order to be permitted to vote appears to vote at a polling place and cannot provide
16the required identification, the inspectors shall offer the opportunity for the
17individual to vote under this section. Whenever any individual, other than a military
18elector or an overseas elector, as defined in s. 6.36 (2) (c), or an elector who has a
19confidential listing under s. 6.47 (2), appears to vote at a polling place and does not
20present a license or identification card under s. 6.79 (2), whenever required, the
21inspectors or the municipal clerk shall similarly offer the opportunity for the
22individual to vote under this section.
If the individual wishes to vote, the inspectors
23shall provide the elector with an envelope marked "Ballot under s. 6.97, stats." on
24which the serial number of the elector is entered and shall require the individual to
25execute on the envelope a written affirmation stating that the individual is a

1qualified elector of the ward or election district where he or she offers to vote and is
2eligible to vote in the election. The inspectors shall, before giving the elector a ballot,
3write on the back of the ballot the serial number of the individual corresponding to
4the number kept at the election on the poll list or other list maintained under s. 6.79
5and the notation "s. 6.97". If voting machines are used in the municipality where the
6individual is voting, the individual's vote may be received only upon an absentee
7ballot furnished by the municipal clerk which shall have the corresponding number
8from the poll list or other list maintained under s. 6.79 and the notation "s. 6.97"
9written on the back of the ballot by the inspectors before the ballot is given to the
10elector. When receiving the individual's ballot, the inspectors shall provide the
11individual with written voting information prescribed by the board under s. 7.08 (8).
12The inspectors shall indicate on the list the fact that the individual is required to
13provide identification or a license or identification card under s. 6.79 (2) but did not
14do so. The inspectors shall notify the individual that he or she may provide the
15identification, license, or identification card to the municipal clerk or executive
16director of the municipal board of election commissioners. The inspectors shall also
17promptly notify the municipal clerk or executive director of the name, address, and
18serial number of the individual. The inspectors shall then place the ballot inside the
19envelope and place the envelope in a separate carrier envelope.
SB42-SSA1,29,13 20(2) Whenever any individual who votes by absentee ballot is required to
21provide identification in order to be permitted to vote and does not provide the
22required identification, the inspectors shall treat the ballot as a provisional ballot
23under this section. Whenever any individual, other than a military elector or an
24overseas elector, as defined in s. 6.36 (2) (c), an individual who has a confidential
25listing under s. 6.47 (2), or an individual who is exempted under s. 6.87 (4) or s. 6.875

1(6), votes by absentee ballot and does not enclose a copy of the license or identification
2card required under s. 6.86 (1) (ar), the inspectors shall similarly treat the ballot as
3a provisional ballot under this section. Upon removing the ballot from the envelope,
4the
inspectors shall write on the back of the absentee ballot the serial number of the
5individual corresponding to the number kept at the election on the poll list or other
6list maintained under s. 6.79 and the notation "s. 6.97". The inspectors shall indicate
7on the list the fact that the individual is required to provide identification or a copy
8of a license or identification card under s. 6.86 (1) (ar)
but did not do so. The
9inspectors shall promptly notify the municipal clerk or executive director of the
10municipal board of election commissioners of the name, address, and serial number
11of the individual. The inspectors shall then place the ballot inside an envelope on
12which the name and serial number of the elector is entered and shall place the
13envelope in a separate carrier envelope.
SB42-SSA1, s. 34 14Section 34. 6.97 (3) of the statutes is renumbered 6.97 (3) (b) and amended to
15read:
SB42-SSA1,30,1016 6.97 (3) (b) Whenever the municipal clerk or executive director of the municipal
17board of election commissioners is informed by the inspectors that a ballot has been
18cast under this section, the clerk or executive director shall promptly provide written
19notice to the board of canvassers of each municipality, special purpose district, and
20county that is responsible for canvassing the election of the number of ballots cast
21under this section in each ward or election district. The municipal clerk or executive
22director then shall determine whether each individual voting under this section is
23qualified to vote in the ward or election district where the individual's ballot is cast.
24If the elector is required to provide a license or identification card or copy thereof
25under s. 6.79 (2) or 6.86 (1) (ar) and fails to do so, the elector bears the burden of

1correcting the omission by providing the license or identification card or copy thereof
2at the polling place before the closing hour or at the office of the municipal clerk or
3board of election commissioners no later than 4 p.m. on the day after the election.

4The municipal clerk or executive director shall make a record of the procedure used
5to determine the validity of each ballot cast under this section. If, prior to 4 p.m. on
6the day after the election, the municipal clerk or executive director determines that
7the individual is qualified to vote in the ward or election district where the
8individual's ballot is cast, the municipal clerk or executive director shall notify the
9board of canvassers for each municipality, special purpose district and county that
10is responsible for canvassing the election of that fact.
SB42-SSA1, s. 35 11Section 35. 6.97 (3) (a) and (c) of the statutes are created to read:
SB42-SSA1,30,2112 6.97 (3) (a) Whenever an elector who votes by provisional ballot under sub. (2)
13because the elector does not provide a license or identification card or copy thereof
14under s. 6.79 (2) or 6.86 (1) (ar) later appears at the polling place where the ballot is
15cast before the closing hour and provides the license or identification card or copy
16thereof, the inspectors shall remove the elector's ballot from the separate carrier
17envelope, shall note on the poll list that the elector's provisional ballot is withdrawn,
18and shall deposit the elector's ballot in the ballot box. If the inspectors have notified
19the municipal clerk or executive director of the board of election commissioners that
20the elector's ballot was cast under this section, the inspectors shall notify the clerk
21or executive director that the elector's provisional ballot is withdrawn.
SB42-SSA1,31,222 (c) A ballot cast under this section by an elector for whom a valid license or
23identification card or copy thereof is required under s. 6.79 (2) or 6.86 (1) (ar) shall
24not be counted unless the municipal clerk or executive director of the board of

1election commissioners provides timely notification that the elector has provided a
2valid license or identification card or copy thereof under this section.
SB42-SSA1, s. 36 3Section 36. 7.08 (8) (title) of the statutes is amended to read:
SB42-SSA1,31,54 7.08 (8) (title) Electors voting without identification proof of identity or
5pursuant to court order.
SB42-SSA1, s. 37 6Section 37. 10.02 (3) (a) of the statutes is amended to read:
SB42-SSA1,31,187 10.02 (3) (a) Upon entering the polling place and before being permitted to vote,
8an elector shall state his or her name and address and , shall provide identification
9if required by federal law, and shall present a valid Wisconsin operator's license, a
10valid, current identification card issued to the elector by a U.S. uniformed service,
11or a Wisconsin identification card unless the elector is exempted from this
12requirement
. Where ballots are distributed to electors, the initials of 2 inspectors
13must appear on the ballot. Upon being permitted to vote, the elector shall retire
14alone to a voting booth or machine and cast his or her ballot, except that an elector
15who is a parent or guardian may be accompanied by the elector's minor child or minor
16ward. An election official may inform the elector of the proper manner for casting
17a vote, but the official may not in any manner advise or indicate a particular voting
18choice.
SB42-SSA1, s. 37g 19Section 37g. 12.13 (2) (b) 6m. of the statutes is amended to read:
SB42-SSA1,31,2320 12.13 (2) (b) 6m. Obtain an absentee ballot for voting in a nursing home or
21qualified retirement home or, qualified community-based residential facility,
22qualified residential care apartment complex, or adult family home
under s. 6.875
23(6) and fail to return the ballot to the issuing officer.
SB42-SSA1, s. 37m 24Section 37m. 12.13 (3) (v) of the statutes is repealed.
SB42-SSA1, s. 37r 25Section 37r. 12.13 (4) of the statutes is amended to read:
SB42-SSA1,32,9
112.13 (4) Nursing and retirement home and community-based residential
2facility voting.
No employee of a nursing home or qualified retirement home or
3qualified community-based residential facility, qualified residential care apartment
4complex, or adult family home
as defined in s. 6.875 (1) (as), may disclose the
5designated time arranged for absentee voting by occupants of the home or
6community-based residential, facility , or complex under s. 6.875 (6) to any person
7other than an occupant of the home or qualified community-based residential
8facility, or complex or a relative of an occupant, as defined in s. 6.875 (1), who requests
9to be so informed.
SB42-SSA1, s. 38 10Section 38. 343.50 (3) of the statutes is amended to read:
SB42-SSA1,32,1911 343.50 (3) Design and contents of card. The card shall be the same size as
12an operator's license but shall be of a design which is readily distinguishable from
13the design of an operator's license and bear upon it the words "IDENTIFICATION
14CARD ONLY". The information on the card shall be the same as specified under s.
15343.17 (3). The card may serve as a document of gift under s. 157.06 (2) (b) and (c)
16and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may
17also serve as a document of refusal to make an anatomical gift under s. 157.06 (2) (i).
18The Except as provided in sub. (4g), the card shall contain the holder's photograph
19and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.
SB42-SSA1, s. 39 20Section 39. 343.50 (4) of the statutes is amended to read:
SB42-SSA1,33,421 343.50 (4) Application. The application for an identification card shall include
22any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), and
23(em), and such further information as the department may reasonably require to
24enable it to determine whether the applicant is entitled by law to an identification
25card. The Except as provided in sub.(4g), the department shall, as part of the

1application process, take a photograph of the applicant to comply with sub. (3). No
2Except as provided in sub.(4g), no application may be processed without the
3photograph being taken. Misrepresentations in violation of s. 343.14 (5) are
4punishable as provided in s. 343.14 (9).
SB42-SSA1, s. 40 5Section 40. 343.50 (4g) of the statutes is created to read:
SB42-SSA1,33,136 343.50 (4g) Photograph requirement; exception. An application may be
7processed and an original or renewal identification card issued under this section
8without a photograph being taken to comply with subs. (3) and (4) to an applicant
9who requests the identification card without charge under sub. (5) or (6) and who
10provides to the department an affidavit stating that the applicant has a sincerely
11held religious belief against being photographed; identifying the religion to which he
12or she belongs or the tenets of which he or she adheres to; and stating that the tenets
13of the religion prohibit him or her from being photographed.
SB42-SSA1, s. 41 14Section 41. 343.50 (5) of the statutes is amended to read:
SB42-SSA1,33,1915 343.50 (5) Valid period; fees. The fee for an original card and for the
16reinstatement of an identification card after cancellation under sub. (10) shall be $9
17or, upon request of the applicant, without charge. The card shall be valid for the
18succeeding period of 4 years from the applicant's next birthday after the date of
19issuance.
SB42-SSA1, s. 42 20Section 42. 343.50 (6) of the statutes is amended to read:
SB42-SSA1,34,321 343.50 (6) Renewal. At least 30 days prior to the expiration of the card, the
22department shall mail a renewal application to the last-known address of each
23identification card holder. The department shall include with the application
24information, as developed by all organ procurement organizations in cooperation
25with the department, that promotes anatomical donations and which relates to the

1anatomical donation opportunity available under s. 343.175. The fee for a renewal
2identification card shall be $9, which or, upon request of the identification card
3holder, without charge. The renewal identification
card shall be valid for 4 years.
SB42-SSA1, s. 43 4Section 43. Initial applicability.
SB42-SSA1,34,85 (1) The treatment of sections 6.55 (2) (b) and (c) 1. and 2. and (3), 6.79 (2) (a)
6and (d), (4), and (6), and 6.86 (3) (a) 1. and 2. of the statutes, the renumbering and
7amendment of section 6.87 (4) of the statutes, and the creation of section 6.87 (4) (b)
82. to 5. of the statutes first apply with respect to the 2006 spring primary election.
SB42-SSA1, s. 44 9Section 44. Effective date.
SB42-SSA1,34,1110 (1) This act takes effect on January 1, 2006, or the day after publication,
11whichever is later.
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