AB1070,50,2422 (b) If an individual who appears on a report submitted under this subsection
23is convicted of a crime, the name of that individual and the crime for which he or she
24was convicted.
AB1070,91 25Section 91 . 343.165 (8) of the statutes is created to read:
AB1070,51,3
1343.165 (8) Notwithstanding subs. (1) to (4), for an applicant requesting that
2an identification card be provided without charge for purposes of voting, all of the
3following apply:
AB1070,51,84 (a) Except as provided in par. (b), if a person is unable to provide proof of name
5and date of birth, and the documents are unavailable to the person, the person may
6make a written petition to the department for an exception to the requirements of
7sub. (1) (a) or (b). The application shall include proof of identity and all of the
8following:
AB1070,51,109 1. A certification of the person's name, date of birth, and current residence
10street address on the department's form.
AB1070,51,1211 2. An explanation of the circumstances by which the person is unable to provide
12proof of name and date of birth.
AB1070,51,1413 3. Whatever documentation is available that states the person's name and date
14of birth.
AB1070,51,2315 (b) 1. If a person applies for and requests an identification card without charge
16for the purposes of voting and the person's proof of name and date of birth or of proof
17of citizenship, legal permanent resident status, conditional resident status, or legal
18presence is unavailable, the person may make a written petition to the department
19for an exception to the requirement for which proof is unavailable. The department
20shall provide appropriate translation for any person who is unable to read or
21understand the petition process instructions and related communications under this
22subsection or s. 343.50 (1) (c) 2. The petition shall include the person's statement
23under oath or affirmation of all of the following:
AB1070,52,3
1a. That the person is unable to provide proof of name and date of birth or proof
2of citizenship, legal permanent resident status, conditional resident status, or legal
3presence.
AB1070,52,44 b. That the documents are unavailable to the person.
AB1070,52,75 c. His or her name, date of birth, place of birth, and such other birth record
6information requested by the department, or the person's alien or U.S. citizenship
7and immigration service number or U.S. citizenship certificate number.
AB1070,52,228 2. Upon receiving a petition that meets the requirements under subd. 1., the
9department of transportation shall forward the petition to the central office of its
10division of motor vehicles for processing. The department of transportation shall
11provide the person's birth record information to the department of health services,
12for the sole purpose of verification by the department of health services of the
13person's birth certificate information or the equivalent document from another
14jurisdiction, other than a province of the Dominion of Canada, or to a federal agency
15for the sole purpose of verifying the person's certificate of birth abroad issued by the
16federal department of state, or of verifying the person's alien or U.S. citizenship and
17immigration service number or U.S. citizenship certificate number. The department
18of transportation shall open a file containing the petition and shall create therein a
19report with a dated record of events, including all communication to or with the
20applicant. The department of transportation may not complete processing of the
21application prior to receiving verification under this subdivision, except as provided
22in subd. 3.
AB1070,54,1123 3. If the department does not receive verification under subd. 2. within 30 days
24or receives notice under subd. 2. that the birth information provided in the
25application does not match that of the birth record custodian, the department shall

1promptly notify the person in writing of that failure to verify and request the person
2contact the department within 10 days. If the person does not respond within 10
3days, the department shall send the person a 2nd letter with substantially similar
4contents. If the person does not respond to the 2nd letter within 10 days and the
5department knows the person's telephone number, the department shall call the
6person on the telephone and notify the person that the birth information was not
7verified and request the person provide additional information within 10 days. If 30
8days have elapsed since the date of the first letter sent under this subdivision without
9contact from the person, the department shall suspend the investigation and send
10written notice that the person has not responded, that the department has no further
11leads for it to locate or obtain secondary documentation or verification of birth
12information, that the department has suspended its investigation or research until
13such time as the person contacts the department, and that if within 180 days after
14the date of the written notice the person fails to contact the department the petition
15will be denied and no further identification card receipts will be issued under s.
16343.50 (1) (c) 2. If the person fails to contact the department within 180 days after
17the department suspends the investigation, the department shall deny the petition
18in writing and shall inform the person that the department will resume the
19investigation if the person contacts the department to discuss the petition.
20Whenever the applicant contacts the department to discuss the petition, the
21investigation under this subdivision shall begin anew, notwithstanding any prior
22denial due to the person's failure to timely respond. The applicant shall act in good
23faith and use reasonable efforts to provide additional information that could
24reasonably lead the department to discover correct birth information or secondary
25documentation as described in subd. 3g., to assist the department in processing the

1application. The department shall investigate the petition and any additional
2information provided under this subdivision with prompt and due diligence and shall
3use reasonable efforts to locate and obtain the secondary documentation by pursuing
4leads provided by the person. Investigations may only be completed within the
5division of motor vehicles' central office by employees whose regular job duties
6include investigation and fraud detection and prevention. If the investigation
7discovers new or corrected birth information, the department of transportation shall
8resubmit the new or corrected birth information to the department of health services
9for verification under subd. 2. The department of transportation shall pay any
10actual, necessary fees required by the record custodian to obtain the secondary
11documentation.
AB1070,54,1912 3g. If the department of health services does not verify the birth record
13information within 30 days, the department of transportation may issue an
14identification card to the person only if the department of transportation receives
15verification under subd. 2., if the person provides proof of name and date of birth or
16proof of citizenship, legal permanent resident status, conditional resident status or
17legal presence, or if the department of transportation receives other secondary
18documentation acceptable to the department of transportation and deemed
19sufficient under subd. 3., which may include the following:
AB1070,54,2020 a. Baptismal certificate.
AB1070,54,2121 b. Hospital birth certificate.
AB1070,54,2222 c. Delayed birth certificate.
AB1070,54,2323 d. Census record.
AB1070,54,2424 e. Early school record.
AB1070,54,2525 f. Family Bible record.
AB1070,55,1
1g. Doctor's record of post-natal care.
AB1070,55,32 h. Other documentation deemed acceptable to the department of
3transportation, within the department's reasonable discretion.
AB1070,55,54 4. In this paragraph, “proof of citizenship, legal permanent resident status,
5conditional resident status or legal presence” means any of the following:
AB1070,55,66 a. A U.S. state or local government issued certificate of birth.
AB1070,55,77 b. Valid U.S. passport.
AB1070,55,98 c. Valid foreign passport with appropriate immigration documents, which shall
9include or be accompanied by federal form I-94, arrival and departure record.
AB1070,55,1010 d. Certificate of U.S. citizenship.
AB1070,55,1111 e. A U.S. Certificate of naturalization.
AB1070,55,1412 f. Valid department of homeland security/U.S. citizenship and immigration
13services federal form I-551, resident alien registration receipt card, issued since
141997.
AB1070,55,1615 g. Valid department of homeland security/U.S. citizenship and immigration
16services federal form I-688, temporary resident identification card.
AB1070,55,1817 h. Valid department of homeland security/U.S. citizenship and immigration
18services federal form I-688B or I-766, employment authorization document.
AB1070,55,2019 i. Valid department of homeland security/U.S. citizenship and immigration
20services federal form I-571, refugee travel document.
AB1070,55,2221 j. Department of homeland security/U.S. citizenship and immigration services
22federal form I-797, notice of action.
AB1070,55,2423 k. Department of homeland security/transportation security administration
24transportation worker identification credential.
AB1070,56,3
1L. A U.S. department of state reception and placement program assurance
2form (refugee version), which shall include or be accompanied by federal form I-94,
3arrival and departure record.
AB1070,56,54 m. Documentary proof specified in s. 343.14 (2) (es), that is approved by the
5appropriate federal authority.
AB1070,56,96 5. In this paragraph, “proof of identity” means a supporting document
7identifying the person by name and bearing the person's signature, a reproduction
8of the person's signature, or a photograph of the person. Acceptable supporting
9documents include:
AB1070,56,1110 a. A valid operator's license, including a license from another jurisdiction,
11except a province of the Dominion of Canada, bearing a photograph of the person.
AB1070,56,1212 b. Military discharge papers.
AB1070,56,1313 c. A U.S. government and military dependent identification card.
AB1070,56,1514 d. A valid photo identification card issued by Wisconsin or another jurisdiction,
15except a province of the Dominion of Canada, bearing a photograph of the person.
AB1070,56,1616 e. A marriage certificate or certified copy of judgment of divorce.
AB1070,56,1717 f. A social security card issued by the social security administration.
AB1070,56,1918 g. Any document described under subd. 6., if it bears a photograph of the person
19and was not used as proof of name and date of birth.
AB1070,56,2120 h. Department of homeland security/transportation security administration
21transportation worker identification credential.
AB1070,56,2322 6. In this paragraph, “proof of name and date of birth” means any of the
23following:
AB1070,56,2524 a. For a person born in Wisconsin, a copy of the person's Wisconsin birth
25certificate issued and certified in accordance with s. 69.21.
AB1070,57,4
1b. For a person born in another jurisdiction, other than a province of the
2Dominion of Canada, a certified copy of his or her birth certificate or the equivalent
3document from that other jurisdiction or a certificate of birth abroad issued by the
4federal department of state.
AB1070,57,55 c. A U.S. passport.
AB1070,57,96 d. A valid, unexpired passport issued by a foreign country with federal I-551
7resident alien registration receipt card or federal I-94 arrival and departure record
8that bears a photograph of the person and identifies the person's first and last names,
9and the person's day, month, and year of birth.
AB1070,57,1010 e. A Wisconsin operator's license bearing a photograph of the person.
AB1070,57,1211 f. A Wisconsin identification card issued under s. 343.50, bearing a photograph
12of the person, other than an identification card issued under s. 343.50 (1) (c) 2.
AB1070,57,1313 g. A federal I-551 “permanent resident alien registration receipt card."
AB1070,57,2314 h. A federal I-94 “parole edition" or “refugees version" arrival-departure
15record, together with a certification, on the department's form, by the person, of the
16person's name and date of birth, a copy of a federal department of state refugee data
17center reception and placement program assurance form and a letter from the
18person's sponsoring agency on its letterhead, supporting the person's application for
19a Wisconsin identification card or operator's license and confirming the person's
20identification. Applicants who are unable to provide a reception and placement
21program assurance form may be issued a Wisconsin identification card or operator's
22license, but only after their identification has been confirmed by the U.S. citizenship
23and immigration services.
AB1070,57,2424 i. A U.S. certificate of naturalization.
AB1070,57,2525 j. A certificate of U.S. citizenship.
AB1070,58,2
1k. A federal temporary resident card or employment authorization card, I-688,
2I-688A, I-688B, and I-766.
AB1070,58,63 L. A Native American identification card that is issued by a federally
4recognized tribe or a band of a federally recognized tribe, is issued in Wisconsin,
5includes a photograph and signature or reproduction of a signature of the person, and
6has been approved by the secretary for use as identification.
AB1070,58,97 m. A court order under seal related to the adoption or divorce of the individual
8or to a name or gender change that includes the person's current full legal name, date
9of birth, and, in the case of a name change or divorce order, the person's prior name.
AB1070,58,1110 n. An armed forces of the U.S. common access card or DD Form 2 identification
11card issued to military personnel.
AB1070,58,1312 o. Department of homeland security/transportation security administration
13transportation worker identification credential.
AB1070,58,1514 7. In this paragraph, “unavailable" means that the applicant does not have the
15document and would be required to pay a government agency to obtain it.
AB1070,58,2016 (c) The administrator may delegate to the deputy administrator or to a bureau
17director, as described in s. 15.02 (3) (c) 2., whose regular responsibilities include
18driver licensing and identification card issuance, the authority to accept or reject
19such extraordinary proof of name, date of birth, or U.S. citizenship under this
20subsection.
AB1070,58,2221 (e) The denial of a petition under par. (b) is subject to judicial review in the
22manner provided in ch. 227 for the review of administrative decisions.
AB1070,59,323 (f) If the administrator, or delegate described in par. (c), determines that an
24applicant has knowingly made a false statement or knowingly concealed a material
25fact or otherwise committed a fraud in an application, petition, or additional

1information, the department shall immediately suspend the investigation, shall
2notify the person in writing of the suspension and the reason for the suspension, and
3refer any suspected fraud to law enforcement.
AB1070,59,94 (g) A person whose petition is suspended or denied due to a failure to respond
5timely may revive the petition at any time by contacting the department to discuss
6the petition application. If a person revives a petition, the department shall
7immediately issue, and shall continue to reissue, an identification card receipt to the
8person as provided in s. 343.50 (1) (c) 2., except that the department shall first
9require the person to take a photograph if required under s. 343.50 (1) (c) 2.
AB1070,59,1310 (h) The department shall grant a petition if the department concludes, on the
11basis of secondary documentation or other corroborating information, that it is more
12likely than not that the name, date of birth, and U.S. citizenship provided in the
13application is correct.
AB1070,92 14Section 92 . 343.50 (1) (c) of the statutes is renumbered 343.50 (1) (c) 1. and
15amended to read:
AB1070,59,2216 343.50 (1) (c) 1. The department may issue a receipt to any applicant for an
17identification card, and shall issue a receipt to an applicant requesting an
18identification card under sub. (5) (a) 3.,
which receipt shall constitute a temporary
19identification card while the application is being processed and shall be valid for a
20period not to exceed 60 days. If the application for an identification card is processed
21under the exception specified in s. 343.165 (7) or (8), the receipt shall include the
22marking specified in sub. (3) (b).
AB1070,93 23Section 93 . 343.50 (1) (c) 2. of the statutes is created to read:
AB1070,59,2524 343.50 (1) (c) 2. If the department issues a receipt to an applicant petitioning
25the department under s. 343.165 (8), all of the following apply:
AB1070,60,20
1a. The department shall issue the receipt not later than the 6th working day
2after the person made the petition and shall deliver the receipt by 1st class mail,
3except that if a petition is filed or revived within 7 days before or 2 days after a
4statewide election the department shall issue a receipt not later than 24 hours after
5the petition is filed or revived and shall deliver the receipt by overnight or next-day
6mail. The department shall issue a new receipt to the person not later than 10 days
7before the expiration date of the prior receipt, and having a date of issuance that is
8the same as the expiration date of the prior receipt. The department shall issue no
9receipt to a person after the denial of a petition under s. 343.165 (8), unless the person
10revives an investigation. The department shall continue to reissue identification
11card receipts to a person unless the department cancels the identification card
12receipt upon the circumstances specified in sub. (10), upon the issuance of an
13operator's license or identification card to the person, upon the person's request,
14upon the denial of the application, upon return to the department of a receipt as
15nondeliverable, upon the person's failure to contact the department to discuss the
16petition for a period of 180 days or more, or whenever the department receives
17information that prohibits issuance of an identification card under sub. (1) (c). The
18department shall require the person to take a photograph prior to reissuing an
19identification card receipt if the photograph of the person on file with the department
20is 8 or more years old.
AB1070,61,521 b. An identification card receipt issued under this subdivision shall constitute
22a temporary identification card while the application is being processed under s.
23343.165 (8) and shall be valid for a period not to exceed the period specified in sub.
24(1) (c). The department shall clearly mark the receipt “FOR VOTING PURPOSES
25ONLY" as validated for use for voting as provided in ss. 5.02 (6m) (d) and 6.79 (2) (a).

1A receipt issued under this subsection shall contain the information specified under
2s. 343.17 (3), including the date of issuance, the expiration date, the name and
3signature of the person to whom it was issued, and, except as authorized in sub. (4g),
4a photograph of the individual to whom it was issued, and may contain such further
5information as the department deems necessary.
AB1070,61,86 c. The department shall issue a replacement identification card receipt under
7subd 1. a. upon request of the person to whom it is issued if the receipt is lost or
8destroyed.
AB1070,61,149 d. Notwithstanding subd. 2. a., the department shall cancel or refuse to issue
10an identification card receipt under this subsection upon the circumstances specified
11in sub. (10), upon the issuance of an operator's license or identification card to the
12person, upon the person's request, upon the denial of the application, upon return to
13the department of a receipt as nondeliverable, or whenever the department receives
14information that prohibits issuance of an identification card under subd. 1.
AB1070,61,2115 e. Whenever any person, after receiving an identification card receipt under
16this subdivision, moves from the address named in the application or in the receipt
17issued to him or her or is notified by the local authorities or by the postal authorities
18that the address so named has been changed, the person shall, within 30 days, notify
19the department of his or her change of address. Upon receiving a notice of change of
20address, the department shall promptly issue a new receipt under subd. 2. a. showing
21the correct address and having the expiration date of the prior receipt.
AB1070,94 22Section 94 . 343.50 (3) (b) of the statutes is amended to read:
AB1070,62,223 343.50 (3) (b) If an identification card is issued based upon the exception
24specified in s. 343.165 (7) or (8), the card shall, in addition to any other required

1legend or design, be of the design specified under s. 343.17 (3) (a) 14. and include a
2marking similar or identical to the marking described in s. 343.03 (3r).
AB1070,95 3Section 95 . 343.50 (3) (c) of the statutes is created to read:
AB1070,62,144 343.50 (3) (c) 1. Notwithstanding par. (a), the department may issue an
5identification card bearing a name other than the name that appears on a supporting
6document if the person provides evidence acceptable to the department that the
7person has used the name in a manner that qualifies the name as being legally
8changed under the common law of Wisconsin, including evidence of the person's prior
9name, changed name, the length of time the person has consistently and
10continuously used the changed name, an affirmation that the person no longer uses
11the prior name, and an affirmation that the person did not change his or her name
12for a dishonest or fraudulent purpose or to the injury of any other person. The
13department shall mark an identification card issued under this subdivision in the
14manner described in s. 343.03 (3r).
AB1070,62,1715 2. Notwithstanding par. (a), the department shall approve a name change
16requested by a person who cannot provide supporting documentation of a lawful
17change of name but who does one of the following:
AB1070,62,2018 a. Provides proof of identity in the new name, and the department receives from
19the federal social security administration evidence or confirmation of the name
20change.
AB1070,62,2221 b. Applies for an identification card and provides an affidavit declaring all facts
22required under subd. 1. to prove a name change under the common law of Wisconsin.
AB1070,96 23Section 96 . 801.50 (3) (b) of the statutes is amended to read:
AB1070,62,2524 801.50 (3) (b) All actions relating to the validity or invalidly of a rule or
25guidance document
shall be venued as provided in s. 227.40 (1).
AB1070,97
1Section 97. 803.09 (2m) of the statutes is created to read:
AB1070,63,72 803.09 (2m) When a party to an action challenges in state or federal court the
3constitutionality of a statute, facially or as applied, or challenges a statute as
4violating or preempted by federal law, as part of a claim or affirmative defense, the
5assembly, the senate, and the state legislature may intervene at any time in the
6action as a matter of right by serving a motion upon the parties as provided in s.
7801.14.
AB1070,98 8Section 98. 806.04 (11) of the statutes is amended to read:
AB1070,64,219 806.04 (11) Parties. When declaratory relief is sought, all persons shall be
10made parties who have or claim any interest which would be affected by the
11declaration, and no declaration may prejudice the right of persons not parties to the
12proceeding. In any proceeding which involves the validity of a municipal ordinance
13or franchise, the municipality shall be made a party, and shall be entitled to be heard.
14If a statute, ordinance or franchise is alleged to be unconstitutional, or to be in
15violation of or preempted by federal law,
the attorney general shall also be served
16with a copy of the proceeding and, except as provided under this subsection, be
17entitled to be heard. If a statute is alleged to be unconstitutional, or to be in violation
18of or preempted by federal law, the speaker of the assembly, the president of the
19senate, and the senate majority leader shall also be served with a copy of the
20proceeding, and the assembly, the senate, and the state legislature are entitled to be
21heard. If the assembly, the senate, or the joint committee on legislative organization
22intervenes as provided under s. 803.09 (2m), the assembly shall represent the
23assembly, the senate shall represent the senate, and the joint committee on
24legislative organization shall represent the state. In an action involving the
25constitutionality of a statute, or challenging a statute as violating or preempted by

1federal law, if the joint committee on legislative organization determines at any time
2that the interests of the state will be best represented by special counsel appointed
3by the legislature, it shall appoint special counsel to represent state defendants and
4act instead of the attorney general and the attorney general may not participate in
5the action. Special counsel appointed under this subsection shall have the powers
6of the attorney general with respect to the litigation to which special counsel has been
7appointed.
In any proceeding under this section in which the constitutionality,
8construction or application of any provision of ch. 227, or of any statute allowing a
9legislative committee to suspend, or to delay or prevent the adoption of, a rule as
10defined in s. 227.01 (13) is placed in issue by the parties, the joint committee for
11review of administrative rules shall be served with a copy of the petition and, with
12the approval of the joint committee on legislative organization, shall be made a party
13and be entitled to be heard. In any proceeding under this section in which the
14constitutionality, construction or application of any provision of ch. 13, 20, 111, 227
15or 230 or subch. I, III or IV of ch. 16 or s. 753.075, or of any statute allowing a
16legislative committee to suspend, or to delay or prevent the adoption of, a rule as
17defined in s. 227.01 (13) is placed in issue by the parties, the joint committee on
18legislative organization shall be served with a copy of the petition and the joint
19committee on legislative organization, the senate committee on organization or the
20assembly committee on organization may intervene as a party to the proceedings and
21be heard.
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