Analysis by the Legislative Reference Bureau
Identification required for voting
Under current law, any person who is a U.S. citizen, who is at least 18 years of
age, and who has resided in a ward or election district in this state for at least ten
days before the election at which the person is voting may vote in that ward or
election district at that election unless the person is disqualified from voting, in
certain cases specified by law, as the result of a felony conviction or an adjudication
of incompetency. With limited exceptions, a person must register before voting and
in certain cases must provide proof of residence. With certain limited exceptions,
before being permitted to vote at any polling place, an eligible elector currently must
provide his or her name and address. If the elector is not registered, the elector must
provide a specified form of proof of residence in order to register. If an elector is not
able to present any required proof of residence, as an alternative, current law
permits an elector's registration information to be corroborated by another qualified
elector who resides in the same municipality. 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 an election 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
eligible elector who attempts to register or to vote at the polls on election day to
present "proof of identification." Under the substitute amendment, "proof of
identification" means an identification document that contains the name of the
individual to whom the document was issued, which name conforms to the
individual's voter registration, if the individual is required to register to vote, and
that contains a photograph of the individual, except as otherwise permitted by the
substitute amendment (see below). "Identification" means a) one of the following
documents issued to the individual that is unexpired or if expired has expired after
the date of the most recent general election: an operator's license issued by the
Wisconsin Department of Transportation (DOT), an identification card issued by
DOT, an identification card issued by a U.S. uniformed service, or a U.S. passport;
b) a certificate of U.S. naturalization that was issued not earlier than two years
before the date of an election at which it is presented; c) an unexpired driving receipt
issued by DOT (see below); d) an unexpired identification card receipt issued by DOT;
or e) an identification card issued by a federally recognized Indian tribe in this state.
A person whose address is confidential as a result of domestic abuse, sexual assault,
or stalking 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.
If a person has applied to DOT for a driver's license or identification card, the person
may also present the unexpired driving receipt or identification card receipt (DOT
receipt) that DOT issues to the person while the application is processed. 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, sexual assault, or stalking, must also
provide proof of identification or a copy thereof unless: 1) the person has already
provided a copy of his or her proof of 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; 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 is an occupant of a community-based residential facility,
retirement home, 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. Under the substitute amendment, if a person who votes

at a polling place fails to provide proof of identification, the person may vote
provisionally. If a person votes by absentee ballot and fails to provide proof of
identification or a copy thereof, 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 proof of 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 Friday
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 driver'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 driver's license in lieu
of his or her driver'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 driver'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 directs the Government Accountability Board,
in conjunction with the first regularly scheduled primary and election at which the
voter identification requirements created by the substitute amendment initially
apply, to conduct a public informational campaign for the purpose of informing
prospective voters of the voter identification requirements created by the substitute
amendment. In addition, the substitute amendment directs the board to conduct an
ongoing outreach effort to identify and contact groups of electors who may need
assistance in obtaining or renewing documents that constitute proof of identification
for voting purposes and to provide assistance in obtaining or renewing those
documents.
The voting identification requirement under the substitute amendment
initially applies to voting at the 2012 spring primary. The substitute amendment
also provides that an elector who votes at a polling place at an election held after the
substitute amendment becomes law but before the date of the 2012 spring primary
shall be requested to present proof of identification but if the elector fails to do so, his
or her ballot will still be counted if the elector is otherwise qualified. The substitute
amendment directs election officials to provide information to electors who do not
present proof of identification at elections held prior to the date of the 2012 spring
primary so that the electors will be prepared to provide proof of identification at
future elections.
Issuance of operator's licenses and identification cards
This 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
is a U.S. citizen who will be at least 18 years of age on the date of the next election
and the elector requests that the card be provided without charge for purposes of
voting.

Under 2007 Wisconsin Act 20 (the biennial budget act), certain provisions
specified in the federal REAL ID Act are incorporated into state law when DOT
provides notice that it is ready to implement the federal REAL ID Act. Among these
provisions is the requirement that DOT follow certain procedures in processing
applications for driver's licenses and identification cards and that each driver's
license and identification card include a photograph.
This substitute amendment allows DOT, upon the implementation of the
federal REAL ID Act in Wisconsin, to process applications for driver's licenses and
identification cards in a manner other than that required by REAL ID if the driver's
licenses and identification cards are marked to indicate that they are not REAL ID
compliant and DOT processes the applications in compliance with DOT practices and
procedures applicable immediately prior to implementation of REAL ID. An
applicant for a REAL ID noncompliant driver's license or identification card will still
be required to provide to DOT: 1) an identification document that includes either the
applicant's photograph or both the applicant's full legal name and date of birth; 2)
documentation showing the applicant's date of birth, which may be the same as item
1); 3) proof of the applicant's social security number or verification that the applicant
is not eligible for a social security number; 4) documentation showing the applicant's
name and address of principal residence; and 5) documentary proof that the
applicant is a U.S. citizen or is otherwise lawfully present in the United States.
However, in processing an application for a REAL ID noncompliant driver's license
or identification card, DOT is not required to meet the standards for document
retention and verification that are imposed for REAL ID compliant products.
Current law provides for limited exceptions allowing DOT to issue a driver's
license that does not contain a photograph of the license holder, including, by DOT
rule, a religious belief exception. There are no similar photograph exceptions under
current law for identification cards. Under current law, after the implementation of
REAL ID, all REAL ID compliant driver's licenses and identification cards must
contain a photograph.
Under this substitute amendment, until the implementation of the federal
REAL ID Act, the photograph exception for driver's licenses continues and a new
religious belief photograph exception is created for identification cards. After the
implementation of REAL ID, this substitute amendment creates a religious belief
photograph exception for REAL ID noncompliant driver's licenses and identification
cards.
Absentee voting in residential care apartment complexes and adult family
homes
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.
Currently, with limited exceptions, an elector must be registered in order to
vote in an election in this state. In order to register, an elector must provide certain
information on a registration form and affirm the correctness of the information with
his or her signature. If an elector is unable, due to physical disability, to sign his or
her registration form, the elector may have another person sign on his or her behalf.
An elector who has not previously registered may register at the polling place serving
his or her residence on election day. Currently, when appearing to vote, an elector
must provide his or her name and address to the election officials and in some cases
must also provide proof of residence. Currently, an absentee elector may vote by mail
or at the office of the municipal clerk of the municipality where he or she resides. The
names of registered electors are checked against a poll list consisting of the names
of registered electors and the names of other electors are entered on a separate list.
Signature requirement for electors voting in person
This substitute amendment provides, with limited exceptions, that an elector
must also enter his or her signature on the poll list or other separate list when voting
in person at an election. Under the substitute amendment, the election officials or,
if an elector votes at the office of the municipal clerk or board of election
commissioners, the municipal clerk or a deputy, must require each elector to enter
his or her signature on the poll list or other separate list before being permitted to
vote. If an elector registers at a polling place on election day, the officials must
require the elector to enter the elector's signature on a separate list. The substitute
amendment also provides that if an elector, due to physical disability, authorized
another elector to sign his or her registration form on his or her behalf, the elector
is exempt from the signature requirement. In addition, if an elector signed his or her
registration form but claims to be unable, due to physical disability, to enter his or
her signature on the poll list or other separate list when voting at a particular
election, the substitute amendment permits the election officials or the municipal
clerk or board of election commissioners or a deputy to waive the signature
requirement if they find that, due to physical disability, the elector is unable to enter
his or her signature.
Durational residency requirement for voting
Under current law, with certain limited exceptions, an individual must be a
resident of this state and of the municipality and ward, if any, where the elector is
voting for ten days before an election to be eligible to vote in the election. This
substitute amendment increases this durational residency requirement to 28 days.
Under the substitute amendment, if an elector who does not meet this residency
requirement formerly resided at another location in this state within the 27-day
period preceding an election, the elector may vote at that location if the elector is
otherwise qualified to vote at that location.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB6-SSA1, s. 1
1Section 1. 5.02 (6m) of the statutes is created to read:
SB6-SSA1,7,32 5.02 (6m) "Identification" means any of the following documents issued to an
3individual:
SB6-SSA1,7,54 (a) One of the following documents that is unexpired or if expired has expired
5after the date of the most recent general election:
SB6-SSA1,7,66 1. An operator's license issued under ch. 343.
SB6-SSA1,7,77 2. An identification card issued under s. 343.50.
SB6-SSA1,7,88 3. An identification card issued by a U.S. uniformed service.
SB6-SSA1,7,99 4. A U.S. passport.
SB6-SSA1,7,1110 (b) A certificate of U.S. naturalization that was issued not earlier than 2 years
11before the date of an election at which it is presented.
SB6-SSA1,7,1212 (c) An unexpired driving receipt under s. 343.11.
SB6-SSA1,7,1313 (d) An unexpired identification card receipt issued under s. 343.50.
SB6-SSA1,7,1514 (e) An identification card issued by a federally recognized Indian tribe in this
15state.
SB6-SSA1, s. 2 16Section 2. 5.02 (16c) of the statutes is created to read:
SB6-SSA1,7,2117 5.02 (16c) "Proof of identification" means identification that contains the name
18of the individual to whom the document was issued, which name conforms to the
19individual's voter registration form, if the individual is required to register to vote,
20and that contains a photograph of the individual, except as authorized in s. 343.14
21(3m) or 343.50 (4g).
SB6-SSA1, s. 3 22Section 3. 5.35 (6) (a) 2. of the statutes is amended to read:
SB6-SSA1,7,2523 5.35 (6) (a) 2. A copy of the election fraud laws provided in s. 12.13 (1) and (3)
24(intro), (d), (f), (g), (k), (L), (o), (q), (r), (u), (v) and (x), together with the applicable
25penalties provided in s. 12.60 (1).
SB6-SSA1, s. 4
1Section 4 . 5.35 (6) (a) 4a. of the statutes is amended to read:
SB6-SSA1,8,42 5.35 (6) (a) 4a. Instructions prescribed by the board for electors for whom proof
3of identification is required under s. 6.79 (2) or for whom
proof of residence under s.
46.34 is required under s. 6.55 (2).
SB6-SSA1, s. 5 5Section 5. 6.02 (1) of the statutes is amended to read:
SB6-SSA1,8,86 6.02 (1) Every U.S. citizen age 18 or older who has resided in an election district
7or ward for 10 28 days before any election where the citizen offers to vote is an eligible
8elector.
SB6-SSA1, s. 6 9Section 6. 6.02 (2) of the statutes is amended to read:
SB6-SSA1,8,1410 6.02 (2) Any U.S. citizen age 18 or older who moves within this state later than
1110 28 days before an election shall vote at his or her previous ward or election district
12if the person is otherwise qualified. If the elector can comply with the 10-day 28-day
13residence requirement at the new address and is otherwise qualified, he or she may
14vote in the new ward or election district.
SB6-SSA1, s. 7 15Section 7. 6.10 (3) of the statutes is amended to read:
SB6-SSA1,8,2416 6.10 (3) When an elector moves from one ward to another or his or her residence
17from one ward or municipality to another ward or municipality within the state after
18the last registration day but
at least 10 28 days before the election, the elector may
19vote in and be considered a resident of the new ward or municipality where residing
20upon transferring registration under s. 6.40 (1) or upon registering at the proper
21polling place or other registration location in the new ward or municipality under s.
226.55 (2) or 6.86 (3) (a) 2. If the elector moves within 10 his or her residence later than
2328
days of before an election, the elector shall vote in the elector's old former ward
24or municipality if otherwise qualified to vote there.
SB6-SSA1, s. 8 25Section 8. 6.10 (4) of the statutes is amended to read:
SB6-SSA1,9,11
16.10 (4) The residence of an unmarried person sleeping in one ward and
2boarding in another is the place where the person sleeps. The residence of an
3unmarried person in a transient vocation, a teacher or a student who boards at
4different places for part of the week, month, or year, if one of the places is the
5residence of the person's parents, is the place of the parents' residence unless through
6registration or similar act the person elects to establish a residence elsewhere. If the
7person has no parents and if the person has not registered elsewhere, the person's
8residence shall be at the place which that the person considered his or her residence
9in preference to any other for at least 10 28 days before an election. If this place is
10within the municipality, the person is entitled to all the privileges and subject to all
11the duties of other citizens having their residence there, including voting.
SB6-SSA1, s. 9 12Section 9. 6.15 (1) of the statutes is amended to read:
SB6-SSA1,9,1813 6.15 (1) Qualifications. Any person who was or who is a qualified an eligible
14elector under ss. 6.02 and 6.03, except that he or she has been a resident of this state
15for less than 10 28 days prior to the date of the presidential election, is entitled to vote
16for the president and vice president but for no other offices. The fact that the person
17was not registered to vote in the state from which he or she moved does not prevent
18voting in this state if the elector is otherwise qualified.
SB6-SSA1, s. 10 19Section 10. 6.15 (2) (a) of the statutes is amended to read:
SB6-SSA1,9,2520 6.15 (2) (a) The elector's request for the application form may be made in person
21to the municipal clerk of the municipality where the person resides. Application may
22be made not sooner than 9 27 days nor later than 5 p.m. on the day before the election,
23or may be made at the proper polling place in the ward or election district in which
24the elector resides. If an elector makes application before election day, the
25application form shall be returned to the municipal clerk after the affidavit has been

1signed in the presence of the clerk or any officer authorized by law to administer
2oaths. The affidavit shall be in substantially the following form:
SB6-SSA1,10,33 STATE OF WISCONSIN
SB6-SSA1,10,44 County of ....
SB6-SSA1,10,155 I, ...., do solemnly swear that I am a citizen of the United States; that prior to
6establishing Wisconsin residence, my legal residence was in the .... (town) (village)
7(city) of ...., state of ...., residing at .... (street address); that on the day of the next
8presidential election, I shall be at least 18 years of age and that I have been a legal
9resident of the state of Wisconsin since ...., .... (year), residing at .... (street address),
10in the [.... ward of the .... aldermanic district of] the (town) (village) (city) of ...., county
11of ....; that I have resided in the state less than 10 28 days, that I am qualified to vote
12for president and vice president at the election to be held November ...., .... (year),
13that I am not voting at any other place in this election and that I hereby make
14application for an official presidential ballot, in accordance with section 6.15 of the
15Wisconsin statutes.
SB6-SSA1,10,1616 Signed ....
SB6-SSA1,10,1717 P.O. Address ....
SB6-SSA1,10,1818 Subscribed and sworn to before me this .... day of ...., .... (year)
SB6-SSA1,10,1919 ....(Name)
SB6-SSA1,10,2020 ....(Title)
SB6-SSA1, s. 11 21Section 11 . 6.15 (2) (bm) of the statutes is created to read:
SB6-SSA1,11,322 6.15 (2) (bm) Except as authorized in s. 6.79 (7), when making application in
23person at the office of the municipal clerk, each applicant shall present proof of
24identification. If any document presented by the applicant is not proof of residence
25under s. 6.34, the applicant shall also present proof of residence under s. 6.34. The

1clerk shall verify that the name on the proof of presented by the elector conforms to
2the name on the elector's application and shall verify that any photograph appearing
3on that document reasonably resembles the elector.
SB6-SSA1, s. 12 4Section 12. 6.15 (2) (d) 1r. of the statutes is amended to read:
SB6-SSA1,11,155 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card,
6the municipal clerk shall require the elector to provide proof of residence under s.
76.34. If the elector cannot provide proof of residence, the elector may have his or her
8residence corroborated in a statement that is signed by another elector of the
9municipality and that contains the current street address of the corroborating
10elector. If the residence is corroborated by another elector, that elector shall then
11provide proof of residence under s. 6.34
permit the elector to cast his or her ballot for
12president and vice president
. The elector shall then mark the ballot in the clerk's
13presence in a manner that will not disclose his or her vote. The elector shall then fold
14the ballot so as to conceal his or her vote. The clerk or elector shall then place the
15ballot in an envelope furnished by the clerk.
SB6-SSA1, s. 13 16Section 13. 6.15 (3) of the statutes is amended to read:
SB6-SSA1,12,917 6.15 (3) Procedure at polling place. An eligible elector may appear at the
18polling place for the ward or election district where he or she resides and make
19application for a ballot under sub. (2). Except as otherwise provided in this
20subsection, an elector who casts a ballot under this subsection shall follow the same
21procedure required for casting a ballot at the municipal clerk's office under sub. (2).
22The inspectors shall perform the duties of the municipal clerk, except that the
23inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk
24and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon
25proper completion of the application and cancellation card and submittal of proof of

1residence under s. 6.34 or providing corroboration of residence
verification of the
2proof of identification and proof of residence, whenever required, as provided in sub.
3(2) (bm)
, the inspectors shall permit the elector to cast his or her ballot for president
4and vice president. The elector shall mark the ballot and, unless the ballot is utilized
5with an electronic voting system, the elector shall fold the ballot, and deposit the
6ballot into the ballot box or give it to the inspector. The inspector shall deposit it
7directly into the ballot box. Voting machines or ballots utilized with electronic voting
8systems may only be used by electors voting under this section if they permit voting
9for president and vice president only.
SB6-SSA1, s. 14 10Section 14. 6.18 of the statutes is amended to read:
SB6-SSA1,13,2 116.18 Former residents. If ineligible to qualify as an elector in the state to
12which the elector has moved, any former qualified Wisconsin elector may vote an
13absentee ballot in the ward of the elector's prior residence in any presidential election
14occurring within 24 months after leaving Wisconsin by requesting an application
15form and returning it, properly executed, to the municipal clerk of the elector's prior
16Wisconsin residence. When requesting an application form for an absentee ballot,
17the applicant shall specify the applicant's eligibility for only the presidential ballot.
18Unless application is made under s. 6.86 (1) (ac), or the applicant is exempted from
19providing proof of identification under s. 6.87 (4) (b) 2. or 3., or the applicant is a
20military or overseas elector, the elector shall enclose a copy of his or her proof of
21identification or any authorized substitute document with his or her application.
22The municipal clerk shall verify that the name on the proof of identification conforms
23to the name on the application. The clerk shall not issue a ballot to an elector who
24is required to enclose a copy of proof of identification or an authorized substitute
25document with his or her application unless the copy is enclosed and the proof is

1verified by the clerk.
The application form shall require the following information
2and be in substantially the following form:
SB6-SSA1,13,63 This form shall be returned to the municipal clerk's office. Application must be
4received in sufficient time for ballots to be mailed and returned prior to any
5presidential election at which applicant wishes to vote. Complete all statements in
6full.
SB6-SSA1,13,77 APPLICATION FOR PRESIDENTIAL
SB6-SSA1,13,88 ELECTOR'S ABSENTEE BALLOT.
SB6-SSA1,13,99 (To be voted at the Presidential Election
SB6-SSA1,13,1010 on November ...., .... (year)
SB6-SSA1,13,1911 I, .... hereby swear or affirm that I am a citizen of the United States, formerly
12residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County
13of .... for 10 28 days prior to leaving the State of Wisconsin. I, .... do solemnly swear
14or affirm that I do not qualify to register or vote under the laws of the State of ....(State
15you now reside in) where I am presently residing. A citizen must be a resident of:
16State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time),
17in order to be eligible to register or vote therein. I further swear or affirm that my
18legal residence was established in the State of ....(the State where you now reside)
19on .... Month .... Day .... Year.
SB6-SSA1,13,2020 Signed ....
SB6-SSA1,13,2121 Address ....(Present address)
SB6-SSA1,13,2222 ....(City) ....(State)
SB6-SSA1,13,2323 Subscribed and sworn to before me this .... day of .... .... (year)
SB6-SSA1,13,2424 ....(Notary Public, or other officer authorized to administer oaths.)
SB6-SSA1,13,2525 ....(County)
SB6-SSA1,14,1
1My Commission expires
SB6-SSA1,14,22 MAIL BALLOT TO:
SB6-SSA1,14,33 NAME ....
SB6-SSA1,14,44 ADDRESS ....
SB6-SSA1,14,55 CITY .... STATE .... ZIP CODE ....
SB6-SSA1,14,10 6Penalties for Violations. Whoever swears falsely to any absent elector affidavit
7under this section may be fined not more than $1,000 or imprisoned for not more than
86 months or both. Whoever intentionally votes more than once in an election may
9be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months
10or both.
SB6-SSA1,14,1111 ....(Municipal Clerk)
SB6-SSA1,14,1212 ....(Municipality)
SB6-SSA1, s. 15 13Section 15. 6.22 (7) of the statutes is amended to read:
SB6-SSA1,14,1614 6.22 (7) Extension of privilege. This section applies to all military electors for
1510 28 days after the date of discharge from a uniformed service or termination of
16services or employment of individuals specified in sub. (1) (b) 1. to 4.
SB6-SSA1, s. 16 17Section 16. 6.29 (1) of the statutes is amended to read:
Loading...
Loading...