SB199: Bill Text

SB199, s. 43 Section 43. 6.97 (title), (1) and (2) of the statutes are amended to read:

SB199,30,16 6.97 (title) Voting procedure for individuals not providing required proof of residence or identification. (1) Whenever any individual who is required to provide proof of residence under s. 6.34 in order to be permitted to vote appears to vote at a polling place and cannot provide the required proof of residence, the inspectors shall offer the opportunity for the individual to vote under this section. Whenever any individual, other than a military elector or an overseas elector, as defined in s. 6.34 (1), or an elector who has a confidential listing under s. 6.47 (2), appears to vote at a polling place and does not present a license or identification card under s. 6.79 (2), whenever required, the inspectors or the municipal clerk shall similarly offer the opportunity for the individual to vote under this section. If the individual wishes to vote, the inspectors shall provide the elector with an envelope marked "Ballot under s. 6.97, stats." on which the serial number of the elector is entered and shall require the individual to execute on the envelope a written affirmation 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, before giving the elector a ballot, 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 and the notation "s. 6.97". 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 and the notation "s. 6.97" written on the back of the ballot by the inspectors before the ballot is given to the elector. When receiving the individual's ballot, the inspectors shall provide the individual with written voting information prescribed by the board under s. 7.08 (8). The inspectors shall indicate on the list the fact that the individual is required to provide proof of residence or a license or identification card under s. 6.79 (2) but did not do so. The inspectors shall notify the individual that he or she may provide proof of residence or a license or identification card to the municipal clerk or executive director of the municipal board of election commissioners. The inspectors shall also promptly notify the municipal clerk or executive director of the name, address, and serial number of the individual. The inspectors shall then place the ballot inside the envelope and place the envelope in a separate carrier envelope.

SB199,31,10 (2) Whenever any individual who votes by absentee ballot is required to provide proof of residence in order to be permitted to vote and does not provide the required proof of residence under s. 6.34, the inspectors shall treat the ballot as a provisional ballot under this section. Whenever any individual, other than a military elector or an overseas elector, as defined in s. 6.34 (1), an individual who has a confidential listing under s. 6.47 (2), or an individual who is exempted under s. 6.87 (4) or s. 6.875 (6), votes by absentee ballot and does not enclose a copy of the license or identification card specified in s. 6.86 (1) (ar), the inspectors shall similarly treat the ballot as a provisional ballot under this section. Upon removing the ballot from the envelope, the inspectors shall write on the back of the absentee 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 and the notation "s. 6.97". The inspectors shall indicate on the list the fact that the individual is required to provide proof of residence or a copy of a license or identification card specified in s. 6.86 (1) (ar) but did not do so. The inspectors shall promptly notify the municipal clerk or executive director of the municipal board of election commissioners of the name, address, and serial number of the individual. The inspectors shall then place the ballot inside an envelope on which the name and serial number of the elector is entered and shall place the envelope in a separate carrier envelope.

SB199, s. 44 Section 44. 6.97 (3) of the statutes is renumbered 6.97 (3) (b) and amended to read:

SB199,32,7 6.97 (3) (b) Whenever the municipal clerk or executive director of the municipal board of election commissioners is informed by the inspectors that a ballot has been cast under this section, the clerk or executive director shall promptly provide written notice to the board of canvassers of each municipality, special purpose district, and county that is responsible for canvassing the election of the number of ballots cast under this section in each ward or election district. The municipal clerk or executive director then shall determine whether each individual voting under this section is qualified to vote in the ward or election district where the individual's ballot is cast. If the elector is required to provide a license or identification card or copy thereof under s. 6.79 (2) or 6.87 (4) and fails to do so, the elector bears the burden of correcting the omission by providing the license or identification card or copy thereof at the polling place before the closing hour or at the office of the municipal clerk or board of election commissioners no later than 4 p.m. on the day after the election. The municipal clerk or executive director shall make a record of the procedure used to determine the validity of each ballot cast under this section. If, prior to 4 p.m. on the day after the election, the municipal clerk or executive director determines that the individual is qualified to vote in the ward or election district where the individual's ballot is cast, the municipal clerk or executive director shall notify the board of canvassers for each municipality, special purpose district and county that is responsible for canvassing the election of that fact.

SB199, s. 45 Section 45. 6.97 (3) (a) and (c) of the statutes are created to read:

SB199,32,18 6.97 (3) (a) Whenever an elector who votes by provisional ballot under sub. (1) or (2) because the elector does not provide a license or identification card or copy thereof under s. 6.79 (2) or 6.87 (4) later appears at the polling place where the ballot is cast before the closing hour and provides the license or identification card, the inspectors shall remove the elector's ballot from the separate carrier envelope, shall note on the poll list that the elector's provisional ballot is withdrawn, and shall deposit the elector's ballot in the ballot box. If the inspectors have notified the municipal clerk or executive director of the board of election commissioners that the elector's ballot was cast under this section, the inspectors shall notify the clerk or executive director that the elector's provisional ballot is withdrawn.

SB199,32,23 (c) A ballot cast under this section by an elector for whom a valid license or identification card or copy thereof is required under s. 6.79 (2) or 6.87 (4) shall not be counted unless the municipal clerk or executive director of the board of election commissioners provides timely notification that the elector has provided a valid license or identification card or copy thereof under this section.

SB199, s. 46 Section 46. 6.97 (4) of the statutes is amended to read:

SB199,33,11 6.97 (4) Whenever a board of canvassers receives timely notification from the municipal clerk or executive director of the board of election commissioners under sub. (3) (b) that an individual who has voted under this section is qualified to vote in the ward or election district where the individual's ballot is cast, the board of canvassers shall promptly reconvene and, if the ballot cast by the individual is otherwise valid, shall count the ballot and adjust the statements, certifications and determinations accordingly. If the municipal clerk or executive director transmits returns of the election to the county clerk or board of election commissioners, the municipal clerk or executive director shall transmit to the county clerk or board of election commissioners a copy of the amended returns together with all additional ballots counted by each board of canvassers.

SB199, s. 47 Section 47. 7.08 (8) (title) of the statutes is amended to read:

SB199,33,14 7.08 (8) (title) Electors voting without proof of residence or identification or pursuant to court order.

SB199, s. 48 Section 48. 7.52 (3) (a) of the statutes is amended to read:

SB199,34,15 7.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier envelope only, and, in such a manner that a member of the public, if he or she desired, could hear, 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 board of absentee ballot canvassers finds that the certification has been properly executed and the applicant is a qualified elector of the ward or election district, the board of absentee ballot canvassers shall enter an indication on the poll list next to the applicant's name indicating an absentee ballot is cast by the elector. The board of absentee ballot canvassers shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The board of absentee ballot canvassers 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 board of absentee ballot canvassers shall verify that the ballot has been endorsed by the issuing clerk. If the poll list indicates that proof of residence is required and no proof of residence is enclosed or the name or address on the document that is provided is not the same as the name and address shown on the poll list, or if the elector is not a military elector or an overseas elector, as defined in s. 6.34 (1), and the elector is required to provide a copy of a license or identification card under s. 6.87 (4) and no copy of the license or identification card is enclosed or the name on the document cannot be verified by the canvassers, the board of absentee ballot canvassers shall proceed as provided under s. 6.97 (2). The board of absentee ballot canvassers shall mark the poll list number of each elector who casts an absentee ballot on the back of the elector's ballot. The board of absentee ballot canvassers shall then deposit the ballot into the proper ballot box and enter the absent elector's name or poll list number after his or her name on the poll list.

SB199, s. 49 Section 49. 10.02 (3) (form) (a) of the statutes is amended to read:

SB199,35,6 10.02 (3) (form) (a) Upon entering the polling place and before being permitted to vote, an elector shall state his or her name and address. If an elector is not registered to vote, an elector may register to vote at the polling place serving his or her residence if the elector provides proof of residence or the elector's registration is verified by another elector of the same municipality where the elector resides presents a valid Wisconsin operator's license, a valid, current identification card issued to the elector by a U.S. uniformed service, or a valid Wisconsin identification card unless the elector is exempted from this requirement, and, if the document presented does not constitute proof of residence, if the elector provides proof of residence. 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.

SB199, s. 50 Section 50. 12.03 (2) (b) 3. of the statutes is amended to read:

SB199,35,12 12.03 (2) (b) 3. No person may engage in electioneering within 100 feet of an entrance to or within a nursing home or, qualified retirement home or, qualified community-based residential facility, qualified residential care apartment complex, or qualified adult family home while special voting deputies are present at the home or facility.

SB199, s. 51 Section 51. 12.13 (2) (b) 6m. of the statutes is amended to read:

SB199,35,17 12.13 (2) (b) 6m. Obtain an absentee ballot for voting in a nursing home or qualified retirement home or, qualified community-based residential facility, qualified residential care apartment complex, or qualified adult family home under s. 6.875 (6) and fail to return the ballot to the issuing officer.

SB199, s. 52 Section 52. 12.13 (3) (v) of the statutes is repealed.

SB199, s. 53 Section 53. 343.50 (3) of the statutes is amended to read:

SB199,36,3 343.50 (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 record of gift under s. 157.06 (2) (t) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a record of refusal under s. 157.06 (2) (u). 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.

SB199, s. 54 Section 54. 343.50 (3) of the statutes, as affected by 2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

SB199,36,18 343.50 (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). If the issuance of the card requires the applicant to present any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall display, on the front side of the card, a legend identifying the card as temporary. The card shall contain physical security features consistent with any requirement under federal law. The card may serve as a record of gift under s. 157.06 (2) (t) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a record of refusal under s. 157.06 (2) (u). The card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.

SB199, s. 55 Section 55. 343.50 (4) of the statutes is amended to read:

SB199,37,3 343.50 (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), (em), and (er), and 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. 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).

SB199, s. 56 Section 56. 343.50 (4) of the statutes, as affected by 2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

SB199,37,15 343.50 (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), (em), and (es), and 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. Except with respect to renewals described in s. 343.165 (4) (d), the department shall, as part of the application process, take a digital photograph including facial image capture of the applicant to comply with sub. (3). Except with respect to renewals described in s. 343.165 (4) (d), 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).

SB199, s. 57 Section 57. 343.50 (4g) of the statutes is created to read:

SB199,37,24 343.50 (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 a sincerely held religious belief against being photographed; identifying the religion to which he or she belongs or the tenets of which he or she adheres to; and stating that the tenets of the religion prohibit him or her from being photographed.

SB199, s. 58 Section 58. 343.50 (4g) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.

SB199, s. 59 Section 59. 343.50 (5) of the statutes is amended to read:

SB199,38,14 343.50 (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 $18 or, upon request of the applicant, without charge. The card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, except that a card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under s. 343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance.

SB199, s. 60 Section 60. 343.50 (5) of the statutes, as affected by 2007 Wisconsin Act 20, section 3381, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

SB199,38,19 343.50 (5) Valid period; fees. (a) The fee for an original card, for renewal of a card, and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18 or, upon request of the applicant, without charge.

SB199,38,23 (b) Except as provided in par. (c) and s. 343.165 (4) (c), an original or reinstated card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, and a renewed card shall be valid for the succeeding period of 8 years from the card's last expiration date.

SB199,39,9 (c) Except as provided in s. 343.165 (4) (c) and as otherwise provided in this paragraph, an identification card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (es) shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under par. (b), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (es) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for the period specified in par. (b) except that, if the card was issued or renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance or renewal.

SB199, s. 61 Section 61. 343.50 (5m) of the statutes is amended to read:

SB199,39,16 343.50 (5m) Federal security verification mandate fee. In addition to any other fee under this section, for the issuance of an original identification card or duplicate identification card or for the renewal or reinstatement of an identification card after cancellation under sub. (10), a federal security verification mandate fee of $10 shall be paid to the department unless the applicant requests that the identification card be issued without charge.

SB199, s. 62 Section 62. 343.50 (6) of the statutes, as affected by 2007 Wisconsin Act 20, section 3384, is amended to read:

SB199,40,7 343.50 (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 $18, which or, upon request of the identification card holder, without charge. The renewal identification card shall be valid for 8 years, except that a card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under s. 343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for 8 years.

SB199, s. 63 Section 63. 343.50 (6) of the statutes, as affected by 2007 Wisconsin Act 20, section 3383, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

SB199,40,18 343.50 (6) Renewal notice. At least 30 days prior to the expiration of an identification card, the department shall mail a renewal application to the last-known address of the card holder. If the card was issued or last renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the notice shall inform the card holder of the requirement under s. 343.165 (4) (c). 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.

SB199, s. 64 Section 64.0 Initial applicability.

SB199,40,21 (1) This act first applies with respect to voting at the 2010 September primary election.

SB199, s. 65 Section 65. Effective dates. This act takes effect on July 1, 2010, except as follows:

SB199,41,2 (1) The repeal of section 343.50 (4g) of the statutes and the repeal and recreation of sections 343.50 (3), (4), (5), and (6) of the statutes take effect on July 1, 2010, or on the date on which the creation of section 343.165 of the statutes by 2007 Wisconsin Act 20 takes effect, whichever is later.

SB199,41,3 (End)