SB247: Bill Text

LRB-2992/2

JTK:med:rs

2011 - 2012 LEGISLATURE

2011 Senate BILL 247

October 19, 2011 - Introduced by Senators Carpenter, Hansen, C. Larson, Holperin, T. Cullen, Taylor, S. Coggs and Risser, cosponsored by Representatives Staskunas, Young, Doyle, Milroy, Sinicki, Grigsby, Hebl, Berceau, Fields, Turner, Pasch, Pocan and C. Taylor. Referred to Committee on Transportation and Elections.

SB247,1,5 An Act to amend 6.15 (2) (bm), 6.18, 6.36 (1) (a), 6.36 (2) (a), 6.79 (2) (a), 6.79 (3) (b), 6.82 (1) (a), 6.86 (1) (ar), 6.87 (1), 6.87 (2) and 6.87 (4) (b) 1.; and to create 6.79 (8) and 6.87 (4) (b) 6. of the statutes; relating to: exemption of individuals who are at least 65 years of age from the requirement to provide proof of identification for voting.

Analysis by the Legislative Reference Bureau

Currently, with certain exceptions, an individual who votes in an election must present proof of identification in order to vote. The proof may consist of one of a number of documents specified by law 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 registered to vote, and, with limited exceptions, that contains a photograph of the individual. With certain exceptions, an individual who casts an absentee ballot by mail must enclose a copy of his or her proof of identification in the envelope containing his or her ballot.

This bill exempts any individual who registers before the close of registration and whose registration indicates that he or she is at at least 65 years of age from the requirement to present or enclose a copy of his or her proof of identification. Under the bill, information as to whether an elector is at least 65 years of age becomes a part of the statewide voter registration list and the poll list that is used to administer elections at each polling place on election day.

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

SB247, s. 1 Section 1. 6.15 (2) (bm) of the statutes, as created by 2011 Wisconsin Act 23, is amended to read:

SB247,2,10 6.15 (2) (bm) Except as authorized in s. ss. 6.79 (7) and 6.86 (1) (ar), when making application in person at the office of the municipal clerk, each applicant shall present proof of identification. If any document presented by the applicant is not proof of residence under s. 6.34, the applicant shall also present proof of residence under s. 6.34. The clerk shall verify that the name on the proof of identification presented by the elector conforms to the name on the elector's application and shall verify that any photograph appearing on that document reasonably resembles the elector.

SB247, s. 2 Section 2. 6.18 of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

SB247,3,8 6.18 Former residents. If ineligible to qualify as an elector in the state to which the elector has moved, any former qualified Wisconsin elector may vote an absentee ballot in the ward of the elector's prior residence in any presidential election occurring within 24 months after leaving Wisconsin by requesting an application form and returning it, properly executed, to the municipal clerk of the elector's prior Wisconsin residence. When requesting an application form for an absentee ballot, the applicant shall specify the applicant's eligibility for only the presidential ballot. Unless application is made under s. 6.86 (1) (ac), or the applicant is exempted from providing proof of identification under s. 6.87 (4) (b) 2. or 3., or 6., or the applicant is a military or overseas elector, the elector shall enclose a copy of his or her proof of identification or any authorized substitute document with his or her application. The municipal clerk shall verify that the name on the proof of identification conforms to the name on the application. The clerk shall not issue a ballot to an elector who is required to enclose a copy of proof of identification or an authorized substitute document with his or her application unless the copy is enclosed and the proof is verified by the clerk. The application form shall require the following information and be in substantially the following form:

SB247,3,12 This form shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

SB247,3,13 APPLICATION FOR PRESIDENTIAL

SB247,3,14 ELECTOR'S ABSENTEE BALLOT

SB247,3,15 (To be voted at the Presidential Election

SB247,3,16 on November ...., .... (year)

SB247,3,25 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 28 consecutive days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

SB247,4,1 Signed ....

SB247,4,2 Address ....(Present address)

SB247,4,3 ....(City) ....(State)

SB247,4,4 Subscribed and sworn to before me this .... day of .... .... (year)

SB247,4,5 ....(Notary Public, or other officer authorized to administer oaths.)

SB247,4,6 ....(County)

SB247,4,7 My Commission expires

SB247,4,8 MAIL BALLOT TO:

SB247,4,9 NAME ....

SB247,4,10 ADDRESS ....

SB247,4,11 CITY .... STATE .... ZIP CODE ....

SB247,4,16 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for not more than 6 months or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months or both.

SB247,4,17 ....(Municipal Clerk)

SB247,4,18 ....(Municipality)

SB247, s. 3 Section 3. 6.36 (1) (a) of the statutes is amended to read:

SB247,5,11 6.36 (1) (a) The board shall compile and maintain electronically an official registration list. The list shall contain the name and address of each registered elector in the state, the date of birth of the elector, an indication as to whether the elector is at least 65 years of age, the ward and aldermanic district of the elector, if any, and, for each elector, a unique registration identification number assigned by the board, the number of a valid operator's license issued to the elector under ch. 343, if any, or the last 4 digits of the elector's social security account number, if any, any identification serial number issued to the elector under s. 6.47 (3), the date of any election in which the elector votes, an indication of whether the elector is a military elector, as defined in sub. (2) (c), who has so certified under s. 6.865 (3m), an indication of whether the elector is an overseas elector, as defined in s. 6.24 (1), any information relating to the elector that appears on the current list transmitted to the board by the department of corrections under s. 301.03 (20m), an indication of any accommodation required under s. 5.25 (4) (a) to permit voting by the elector, an indication of the method by which the elector's registration form was received, and such other information as may be determined by the board to facilitate administration of elector registration requirements.

SB247, s. 4 Section 4. 6.36 (2) (a) of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

SB247,6,4 6.36 (2) (a) Except as provided in par. (b), each registration list prepared for use as a poll list at a polling place or for purposes of canvassing absentee ballots at an election shall contain the full name and address of each registered elector; a blank column for the entry of the serial number of the electors when they vote or the poll list number used by the municipal board of absentee ballot canvassers in canvassing absentee ballots; an indication next to the name of each elector as to whether the elector is at least 65 years of age; an indication next to the name of each elector for whom proof of residence under s. 6.34 is required; a space for entry of the elector's signature, or if another person signed the elector's registration form for the elector by reason of the elector's physical disability, the word "exempt"; and a form of certificate bearing the certification of the administrator of the elections division of the board stating that the list is a true and complete registration list of the municipality or the ward or wards for which the list is prepared. The board shall, by rule, prescribe the space and location for entry of each elector's signature on the poll list which shall provide for entry of the signature without changing the orientation of the poll list from the orientation used by the election officials.

SB247, s. 5 Section 5. 6.79 (2) (a) of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

SB247,6,19 6.79 (2) (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 subs. (6) and (7) to (8), each eligible elector, before receiving a serial number, shall state his or her full name and address and present to the officials proof of identification. The officials shall verify that the name on the proof of identification presented by the elector conforms to the name on the poll list or separate list and shall verify that any photograph appearing on that document reasonably resembles the elector. The officials shall then require the elector to enter his or her signature on the poll list, supplemental list, or separate list maintained under par. (c) unless the elector is exempt from the signature requirement under s. 6.36 (2) (a). The officials shall verify that the name and address stated by the elector conform to the elector's name and address on the poll list.

SB247, s. 6 Section 6. 6.79 (3) (b) of the statutes, as created by 2011 Wisconsin Act 23, is amended to read:

SB247,7,3 6.79 (3) (b) If proof of identification under sub. (2) is not presented by the elector, if the name appearing on the document presented does not conform to the name on the poll list or separate list, or if any photograph appearing on the document does not reasonably resemble the elector, the elector shall not be permitted to vote, except as authorized under sub. subs. (6) or (7) to (8), but if the elector is entitled to cast a provisional ballot under s. 6.97, the officials shall offer the opportunity for the elector to vote under s. 6.97.

SB247, s. 7 Section 7. 6.79 (8) of the statutes is created to read:

SB247,7,7 6.79 (8) Electors who are at least 65 years of age. If the poll list indicates that an elector is at least 65 years of age, the elector is exempt from the requirement to present proof of identification.

SB247, s. 8 Section 8. 6.82 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

SB247,8,9 6.82 (1) (a) When any inspectors are informed that an eligible 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. Except as authorized in s. 6.79 (6) and (7) to (8), the individual selected by the elector shall present to the inspectors proof of identification and, if the proof of identification does not constitute proof of residence under s. 6.34, shall also provide proof of residence under s. 6.34 for the assisted elector, whenever required, and all other information necessary for the elector to obtain a ballot under s. 6.79 (2). The inspectors shall verify that the name on the proof of identification presented by the person assisting the elector conforms to the elector's name on the poll list or separate list and shall verify that any photograph appearing on that document reasonably resembles the elector. 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 poll list: "Ballot received at poll entrance".

SB247, s. 9 Section 9. 6.86 (1) (ar) of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read:

SB247,8,25 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). Except as authorized in this paragraph and s. 6.79 (6) and (7), if a qualified 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 proof of identification. The clerk shall verify that the name on the proof of identification presented by the elector conforms to the name on the elector's application and shall verify that any photograph appearing on that document reasonably resembles the elector. The clerk shall then enter his or her initials on the certificate envelope indicating that the absentee elector presented proof of identification to the clerk. If the registration poll list indicates that an elector is at least 65 years of age, the elector is exempt from the requirement to present proof of identification.

SB247, s. 10 Section 10. 6.87 (1) of the statutes, as affected by 2011 Wisconsin Act 23, is amended to read: