AB111: Bill Text Engrossed

AB111-engrossed,12,16 6.79 (3) (title) Refusal to give name and address and failure to present identification.

AB111-engrossed, s. 25 Section 25. 6.79 (3) of the statutes is renumbered 6.79 (3) (a).

AB111-engrossed, s. 26 Section 26. 6.79 (3) (b) of the statutes is created to read:

AB111-engrossed,12,21 6.79 (3) (b) If identification is not provided or if the document that is provided cannot be verified by the officials, the officials shall offer the opportunity for the elector to vote under s. 6.97.

AB111-engrossed, s. 27 Section 27. 6.79 (4) of the statutes is amended to read:

AB111-engrossed,13,10 6.79 (4) Supplemental information. When any elector provides identification under sub. (1) or s. 6.15, 6.29 or 6.55 (2) or (3), the election officials shall enter the type of identification on the poll or registration list, or supplemental list maintained under sub. (2). If the form of identification includes a number which applies only to the individual holding that piece of identification, the election officials shall also enter that number on the list. When any elector corroborates the registration identity or residence of any person offering to vote under sub. (1) or s. 6.55 (2) (b) or (c) or (3), or the registration identity or residence of any person registering on election day under s. 6.86 (3) (a) 2., the name and address of the corroborator shall also be entered next to the name of the elector whose information is being corroborated on the registration or poll list, or the separate list maintained under sub. (2). When any person offering to vote has been challenged and taken the oath, following the person's name on the registration or poll list, the officials shall enter the word "Sworn".

AB111-engrossed, s. 28 Section 28. 6.79 (6) (title) of the statutes is repealed and recreated to read:

AB111-engrossed,13,12 6.79 (6) (title) Exceptions regarding identification.

AB111-engrossed, s. 29 Section 29. 6.79 (6) (a) of the statutes is amended to read:

AB111-engrossed,13,21 6.79 (6) (a) In municipalities where there is no registration, an elector who has a confidential listing under s. 6.47 (2) may present an identification card issued under s. 6.47 (3) in lieu of providing his or her name and address and presenting identification under sub. (1). If the elector resides in the area served by the polling place, the inspectors shall then enter the elector's name and identification serial number on the poll list in a section following the other names, shall issue a voting serial number to the elector and shall record that number on the poll list and permit the elector to vote.

AB111-engrossed, s. 30 Section 30. 6.79 (6) (b) of the statutes is amended to read:

AB111-engrossed,14,5 6.79 (6) (b) In municipalities where registration is required, an elector who has a confidential listing under s. 6.47 (2) may present his or her identification card issued under s. 6.47 (3) or may give his or her name and identification serial number issued under s. 6.47 (3), in lieu of stating his or her name and address and presenting identification under sub. (2). If the elector's name and identification serial number appear on the confidential portion of the list, the inspectors shall issue a voting serial number to the elector, record that number on the registration list and permit the elector to vote.

AB111-engrossed, s. 31 Section 31. 6.82 (1) (a) of the statutes is amended to read:

AB111-engrossed,14,24 6.82 (1) (a) When any inspectors are informed that an elector is at the entrance to the polling place who as a result of disability is unable to enter the polling place, they shall permit the elector to be assisted in marking a ballot by any individual selected by the elector, except the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector. The individual selected by the elector shall provide all information necessary for the elector to obtain a ballot under s. 6.79 (1) or (2). The inspectors shall then issue a ballot to the individual selected by the elector and shall accompany the individual to the polling place entrance where the assistance is to be given. If the ballot is a paper ballot, the assisting individual shall fold the ballot after the ballot is marked by the assisting individual. The assisting individual shall then immediately take the ballot into the polling place and give the ballot to an inspector. The inspector shall distinctly announce that he or she has "a ballot offered by .... (stating person's name), an elector who, as a result of disability, is unable to enter the polling place without assistance". The inspector shall then ask, "Does anyone object to the reception of this ballot?" If no objection is made, the inspectors shall record the elector's name under s. 6.79 and deposit the ballot in the ballot box, and shall make a notation on the registration or poll list: "Ballot received at poll entrance".

AB111-engrossed, s. 32 Section 32. 6.86 (1) (ar) of the statutes is amended to read:

AB111-engrossed,15,9 6.86 (1) (ar) Except as authorized in s. 6.875 (6), the municipal clerk shall not issue an absentee ballot unless the clerk receives a written application therefor from a qualified elector of the municipality. The clerk shall retain each absentee ballot application until destruction is authorized under s. 7.23 (1). If an elector applies for an absentee ballot in person at the clerk's office, the clerk shall not issue the elector an absentee ballot unless the elector presents a valid operator's license issued to the elector 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 elector under s. 343.50.

AB111-engrossed, s. 33 Section 33. 6.86 (3) (a) of the statutes is amended to read:

AB111-engrossed,15,20 6.86 (3) (a) 1. Any elector who is registered, or otherwise qualified where registration is not required, and who is hospitalized, may apply for and obtain an official ballot by agent. The agent may apply for and obtain a ballot for the hospitalized absent elector by presenting a form prescribed by the board and containing the required information supplied by the hospitalized elector and signed by that elector and any other elector residing in the same municipality as the hospitalized elector, corroborating the information contained therein. The corroborating elector shall state on the form his or her full name and address. Except as provided in s. 6.87 (4) (b) 2., the agent shall provide the identification required under sub. (1) (ar).

AB111-engrossed,16,12 2. If a hospitalized elector is not registered where registration is required, the elector may register by agent under this subdivision at the same time that the elector applies for an official ballot by agent under subd. 1. To register the elector under this subdivision, the agent shall present a completed registration form that contains the required information supplied by the elector and the elector's signature, unless the elector is unable to sign due to physical disability. In this case, the elector may authorize another elector to sign on his or her behalf. Any elector signing a form on another elector's behalf shall attest to a statement that the application is made on request and by authorization of the named elector, who is unable to sign the form due to physical disability. The agent shall present this statement along with all other information required under this subdivision. Except as otherwise provided in this subdivision, the The agent shall in every case present acceptable proof of the elector's residence under s. 6.55 (7). If the agent cannot present this proof, the registration form shall be signed and substantiated by another elector residing in the elector's municipality of residence, corroborating the information in the form. The form shall contain the full name and address of the corroborating elector. The agent shall then present acceptable proof of the corroborating elector's residence under s. 6.55 (7).

AB111-engrossed, s. 34 Section 34. 6.869 of the statutes is created to read:

AB111-engrossed,16,17 6.869 Uniform instructions. The board shall prescribe uniform instructions for absentee voters. The instructions shall include information concerning whether a copy of identification is required to be submitted and, if so, the form of identification that is required.

AB111-engrossed, s. 35 Section 35. 6.87 (3) (d) of the statutes is amended to read:

AB111-engrossed,17,11 6.87 (3) (d) A municipal clerk of a municipality may, if the clerk is reliably informed by an absent elector of a facsimile transmission number or electronic mail address where the elector can receive an absentee ballot, transmit a facsimile or electronic copy of the absent elector's ballot to that elector in lieu of mailing under this subsection if, in the judgment of the clerk, the time required to send the ballot through the mail may not be sufficient to enable return of the ballot by the time provided under sub. (6). An elector may receive an absentee ballot under this subsection only if the elector has filed a valid application for the ballot under sub. (1). If the clerk transmits an absentee ballot under this paragraph, the clerk shall also transmit a facsimile or electronic copy of the text of the material that appears on the certificate envelope prescribed in sub. (2), together with instructions prescribed by the board. The instructions shall require the absent elector to make and subscribe to the certification as required under sub. (4) (b) and to enclose the absentee ballot in a separate envelope contained within a larger envelope, that shall include the completed certificate. The elector shall then mail the absentee ballot with postage prepaid to the municipal clerk. An absentee ballot received under this paragraph shall not be counted unless it is cast in the manner prescribed in this paragraph and in accordance with the instructions provided by the board.

AB111-engrossed, s. 36 Section 36. 6.87 (4) of the statutes is renumbered 6.87 (4) (b) 1. and amended to read:

AB111-engrossed,18,8 6.87 (4) (b) 1. Except as otherwise provided in s. 6.875, the elector voting absentee shall make and subscribe to the certification before one witness. The absent elector, in the presence of the witness, shall mark the ballot in a manner that will not disclose how the elector's vote is cast. The elector shall then, still in the presence of the witness, fold the ballots if they are paper ballots so each is separate and so that the elector conceals the markings thereon and deposit them in the proper envelope. If a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot if it is a paper ballot so that the elector conceals the markings thereon and deposit the ballot in the proper envelope. Except as authorized in subds. 2. and 3., the elector shall enclose a copy of the identification required under s. 6.86 (1) (ar) in the envelope, unless the elector is a military elector or an overseas elector, as defined in s. 6.87 (4) (a). The elector may receive assistance under sub. (5). The return envelope shall then be sealed. The witness may not be a candidate. The envelope shall be mailed by the elector, postage prepaid, or delivered in person, to the municipal clerk issuing the ballot or ballots. Failure to return an unused ballot in a primary does not invalidate the ballot on which the elector's votes are cast. Return of more than one marked ballot in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an electronic voting system in a primary which is marked for candidates of more than one party invalidates all votes cast by the elector for candidates in the primary.

AB111-engrossed, s. 37 Section 37. 6.87 (4) (a) of the statutes is created to read:

AB111-engrossed,18,10 6.87 (4) (a) In this paragraph:

AB111-engrossed,18,17 1. "Military elector" means a member of a uniformed service on active duty who, by reason of that duty, is absent from the residence where the member is otherwise qualified to vote; a member of the merchant marine, as defined in s. 6.22 (1) (a), who, by reason of service in the merchant marine, is absent from the residence where the member is otherwise qualified to vote; or the spouse or dependent of any such member who, by reason of the duty or service of the member, is absent from the residence where the spouse or dependent is otherwise qualified to vote.

AB111-engrossed,18,21 2. "Overseas elector" means an elector who resides outside the United States and who is qualified under federal law to vote in elections for national office in this state because the elector was last domiciled in this state immediately prior to the elector's departure from the United States.

AB111-engrossed, s. 37m Section 37m. 6.87 (4) (b) 2. and 3. of the statutes are created to read:

AB111-engrossed,19,3 6.87 (4) (b) 2. Unless subd. 3. applies, if the absentee elector has applied for and qualified to receive absentee ballots automatically under s. 6.86 (2) (a), the elector may, in lieu of providing a copy of the identification required under s. 6.86 (1) (ar), submit with his or her absentee ballot a statement signed by the same individual who witnesses voting of the ballot which contains the name and address of the elector and verifies that the name and address are correct.

AB111-engrossed,19,8 3. If the absentee elector has received an absentee ballot from the municipal clerk for a previous election, has provided a copy of the identification required under s. 6.86 (1) (ar) with that ballot, and has not changed his or her name or address since providing that identification, the elector is not required to provide a copy of the identification required under s. 6.86 (1) (ar).

AB111-engrossed, s. 38 Section 38. 6.88 (3) (a) of the statutes is amended to read:

AB111-engrossed,20,3 6.88 (3) (a) Any time between the opening and closing of the polls on election day, the inspectors shall open the carrier envelope only, and 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 inspectors find that the certification has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, they shall enter an indication on the poll or registration list next to the applicant's name indicating an absentee ballot is cast by the elector. They shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The inspectors 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 inspectors shall verify that the ballot has been endorsed by the issuing clerk. If the elector is required to provide a copy of the identification required under s. 6.86 (1) (ar) and no copy of the elector's identification is enclosed or the name or address on the document that is provided cannot be verified by the inspectors, the elector's ballot may not be counted. The inspectors shall then deposit the ballot into the proper ballot box and enter the absent elector's name or voting number after his or her name on the poll or registration list in the same manner as if the elector had been present and voted in person.

AB111-engrossed, s. 39 Section 39. 6.97 of the statutes is created to read:

AB111-engrossed,21,16 6.97 Voting procedure for individuals not providing required identification. If an individual who appears to vote at a polling place has registered by mail and has not previously voted in an election for national office in this state, and the elector cannot provide the required identification or inspectors cannot verify the document submitted by the individual, the inspectors shall offer the opportunity for the individual to vote under this section. If the individual wishes to vote, the inspectors shall require the individual to execute a written affirmation before the inspectors stating that the individual is a qualified elector of the ward or election district where he or she offers to vote and is eligible to vote in the election. The inspectors shall then give the individual a ballot. Before depositing the ballot, the inspectors shall write on the back of the ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79. If voting machines are used in the municipality where the individual is voting, the individual's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding number from the poll list or other list maintained under s. 6.79 written on the back of the ballot before the ballot is deposited. The inspectors shall indicate on the list the fact that the individual did not provide identification or the document submitted by the individual could not be verified by the inspectors. The inspectors shall notify the individual that he or she may provide to the municipal clerk a valid operator's license issued to the individual 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 individual under s. 343.50. The inspectors shall also promptly notify the municipal clerk of the name, address, and serial number of the individual. If by 4 p.m. or the close of business, whichever is later, on the day after the election the elector provides a valid license or identification card to the municipal clerk, the municipal clerk shall, no later than the day after the election, notify the board of canvassers that the individual is qualified to vote in the ward or election district where the individual's ballot was cast, and the vote of the individual shall be counted. Otherwise, the vote of the individual may not be counted. The decision of the municipal clerk with respect to the validity of identification under this section is final and is not subject to review by the board of canvassers, by the chairperson of the elections board or his or her designee, or under s. 9.01. A ballot cast under this section by an elector for whom a valid license or identification card is required shall not be counted unless the municipal clerk provides timely notification that the elector has provided valid identification under this section.

AB111-engrossed, s. 40 Section 40. 10.02 (3) (a) of the statutes is amended to read:

AB111-engrossed,22,2 10.02 (3) (a) Upon entering the polling place and before being permitted to vote, an elector shall give state his or her name and address before being permitted to vote and shall present identification as required by law. 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.

AB111-engrossed, s. 42p Section 42p. 343.50 (3) of the statutes is amended to read:

AB111-engrossed,22,12 343.50 (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 document of gift under s. 157.06 (2) (b) and (c) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a document of refusal to make an anatomical gift under s. 157.06 (2) (i). 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.

AB111-engrossed, s. 42r Section 42r. 343.50 (4) of the statutes is amended to read:

AB111-engrossed,22,24 343.50 (4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), and (em), such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card, and, for applicants who are aged 65 years or older, material, as provided by the department, explaining the voluntary program that is specified in s. 71.55 (10) (b). The Except as provided in sub.(4g), the department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No Except as provided in sub.(4g), no application may be processed without the photograph being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).

AB111-engrossed, s. 42t Section 42t. 343.50 (4g) of the statutes is created to read:

AB111-engrossed,23,9 343.50 (4g) Photograph requirement; exception. An application may be processed and an original or renewal identification card issued under this section without a photograph being taken to comply with subs. (3) and (4) to an applicant who requests the identification card without charge under sub. (5) or (6) and who provides to the department an affidavit stating that the applicant has sincerely held religious beliefs against being photographed; that he or she is a member of a religious organization or identifies with the religious tenets of a religious organization, and, in addition, names the religious organization; and that the religious tenets of such organization prohibit such photographing.

AB111-engrossed, s. 43 Section 43. 343.50 (5) of the statutes is amended to read:

AB111-engrossed,23,15 343.50 (5) Valid period; fees. The fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $9 or, upon request of the applicant, without charge. The card shall be valid for the succeeding period of 4 years from the applicant's next birthday after the date of issuance.

AB111-engrossed, s. 44 Section 44. 343.50 (6) of the statutes is amended to read:

AB111-engrossed,23,24 343.50 (6) Renewal. At least 30 days prior to the expiration of the card, the department shall mail a renewal application to the last-known address of each identification card holder. The department shall include with the application information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s. 343.175. The fee for a renewal identification card shall be $9, which or, upon request of the identification card holder, without charge. The renewal identification card shall be valid for 4 years.

AB111-engrossed,23,25 (End)