SB42: Text as Enrolled

SB42,31m Section 31m. 6.88 (3) (c) of the statutes is created to read:

6.88 (3) (c) The inspectors shall review each certificate envelope to determine whether any absentee ballot is cast by an elector whose name appears on the poll list as ineligible to vote at the election by reason of a felony conviction. If the inspectors receive an absentee ballot that has been cast by an elector whose name appears on the poll list as ineligible for that reason, the inspectors shall challenge the ballot as provided in s. 6.92 and treat the ballot in the manner provided in s. 6.95.

SB42,32 Section 32. 6.965 of the statutes is created to read:

6.965 Voting procedure for electors presenting citation or notice in lieu of license. Whenever any elector is allowed to vote at a polling place under s. 6.79 (7) by presenting a citation or notice of intent to revoke or suspend an operator's license in lieu of an operator's license issued to the elector under ch. 343, the inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the elector corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation “s. 6.965." If voting machines are used in the municipality where the elector is voting, the elector's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the notation “s. 6.965" written on the back of the ballot by the inspectors before the ballot is given to the elector. If the municipal clerk receives an absentee ballot from an elector who presents a citation or notice, or copy thereof, under s. 6.87 (4) (b) 4., the clerk shall enter a notation on the certificate envelope “Ballot under s. 6.965, stats." Upon receiving the envelope, the inspectors shall open and write on the back of the ballot the serial number of the elector corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation “s. 6.965." The inspectors shall indicate on the poll list or other list maintained under s. 6.79 the fact that the elector is voting by using a citation or notice in lieu of a license. The inspectors shall then deposit the ballot. The ballot shall then be counted under s. 5.85 or 7.51.

SB42,33 Section 33. 6.97 (1) and (2) of the statutes are amended to read:

6.97 (1) Whenever any individual who is required to provide identification in order to be permitted to vote appears to vote at a polling place and cannot provide the required identification, 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. 6.36 (2) (c), 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 identification 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 the identification, 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.

(2) Whenever any individual who votes by absentee ballot is required to provide identification in order to be permitted to vote and does not provide the required identification, 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. 6.36 (2) (c), 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 required under 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 identification or a copy of a license or identification card under 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.

SB42,34 Section 34. 6.97 (3) of the statutes is renumbered 6.97 (3) (b) and amended to read:

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 6.86 (1) (ar) 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.

SB42,35 Section 35. 6.97 (3) (a) and (c) of the statutes are created to read:

6.97 (3) (a) Whenever an elector who votes by provisional ballot under sub. (2) because the elector does not provide a license or identification card or copy thereof under s. 6.79 (2) or 6.86 (1) (ar) later appears at the polling place where the ballot is cast before the closing hour and provides the license or identification card or copy thereof, 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.

(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 6.86 (1) (ar) 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.

SB42,36 Section 36. 7.08 (8) (title) of the statutes is amended to read:

7.08 (8) (title) Electors voting without identification proof of identity or pursuant to court order.

SB42,37 Section 37. 10.02 (3) (a) of the statutes is amended to read:

10.02 (3) (a) Upon entering the polling place and before being permitted to vote, an elector shall state his or her name and address and, shall provide identification if required by federal law, and shall present a valid Wisconsin operator's license, a valid, current identification card issued to the elector by a U.S. uniformed service, or a Wisconsin identification card unless the elector is exempted from this requirement. 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.

SB42,37g Section 37g. 12.13 (2) (b) 6m. of the statutes is amended to read:

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 adult family home under s. 6.875 (6) and fail to return the ballot to the issuing officer.

SB42,37m Section 37m. 12.13 (3) (v) of the statutes is repealed.

SB42,37r Section 37r. 12.13 (4) of the statutes is amended to read:

12.13 (4) Nursing and retirement home and community-based residential facility voting. No employee of a nursing home or qualified retirement home or qualified community-based residential facility, qualified residential care apartment complex, or adult family home as defined in s. 6.875 (1) (as), may disclose the designated time arranged for absentee voting by occupants of the home or community-based residential, facility, or complex under s. 6.875 (6) to any person other than an occupant of the home or qualified community-based residential facility, or complex or a relative of an occupant, as defined in s. 6.875 (1), who requests to be so informed.

SB42,37s Section 37s. 301.03 (3a) of the statutes is created to read:

301.03 (3a) Subject to all of the following, design a form to provide notice under ss. 302.117, 973.09 (4m), and 973.176 (2) of ineligibility to vote under s. 6.03 (1) (b):

(a) The form shall inform the person who is ineligible to vote that he or she may not vote in any election until his or her civil rights are restored.

(b) The form shall inform the person who is ineligible to vote when his or her civil rights are expected to be restored.

(c) The form shall include a place for the person to sign indicating that he or she understands that he or she may not vote in any election until his or her civil rights are restored. The form shall include a place also for a witness signature.

(d) The form shall be kept in the person's file and a copy shall be given to the person.

SB42,37t Section 37t. 301.03 (20) of the statutes is created to read:

301.03 (20) Transmit to the elections board, on a continuous basis, a list containing the name of each living person who has been convicted of a felony under the laws of this state and whose civil rights have not been restored, together with his or her residential address and the date on which the department expects his or her civil rights to be restored.

SB42,37u Section 37u. 302.117 of the statutes is amended to read:

302.117 Notice regarding ineligibility to vote. When an inmate who is disqualified from voting under s. 6.03 (1) (b) is released to parole or extended supervision, the department shall inform the person in writing that he or she may not vote in any election until his or her civil rights are restored. The department shall use the form designed under s. 301.03 (3a) to inform the person, and the person and a witness must sign the form.

SB42,38 Section 38. 343.50 (3) of the statutes is amended to read:

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.

SB42,39 Section 39. 343.50 (4) of the statutes is amended to read:

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), 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).

SB42,40 Section 40. 343.50 (4g) of the statutes is created to read:

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.

SB42,41 Section 41. 343.50 (5) of the statutes is amended to read:

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.

SB42,42 Section 42. 343.50 (6) of the statutes is amended to read:

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.

SB42,42p Section 42p. 973.09 (4m) of the statutes is amended to read:

973.09 (4m) The department shall inform in writing each probationer who is disqualified from voting under s. 6.03 (1) (b) that he or she may not vote in any election until his or her civil rights are restored. The department shall use the form designed under s. 301.03 (3a) to inform the probationer, and the probationer and a witness must sign the form.

SB42,42r Section 42r. 973.176 (2) of the statutes is amended to read:

973.176 (2) Voting. Whenever a court imposes a sentence or places a defendant on probation for a conviction that disqualifies the defendant from voting under s. 6.03 (1) (b), the court shall inform the defendant in writing that he or she may not vote in any election until his or her civil rights are restored. The court shall use the form designed by the department of corrections under s. 301.03 (3a) to inform the defendant, and the defendant and a witness must sign the form.

SB42,42y Section 42y. Nonstatutory provisions.

(1) No later than the first day of the 6th month beginning after the effective date of this subsection, the department of corrections shall distribute, and have signed in front of a witness, a copy of the form designed under section 301.03 (3a) of the statutes, as created by this act, to each person who is on probation, parole, or extended supervision on that date and who is disqualified from voting in any election under section 6.03 (1) (b) of the statutes.

SB42,43 Section 43.0 Initial applicability.

(1) Identification required for voting. The treatment of sections 6.55 (2) (b) and (c) 1. and 2. and (3), 6.79 (2) (a) and (d), (4), and (6), and 6.86 (3) (a) 1. and 2. of the statutes, the renumbering and amendment of section 6.87 (4) of the statutes, and the creation of section 6.87 (4) (b) 2. to 5. of the statutes first apply with respect to the 2006 spring primary election.

(2m) Notification regarding ineligibility to vote during parole or extended supervision. The treatment of section 302.117 of the statutes first applies to persons whom the department of corrections releases to parole or extended supervision on the effective date of this subsection.

(2n) Notification regarding ineligibility to vote during probation. The treatment of section 973.09 (4m) of the statutes first applies to persons whom the court places on probation on the effective date of this subsection.

(2o) Notification at sentencing regarding ineligibility to vote. The treatment of section 973.176 (2) of the statutes first applies to persons whom the court sentences on the effective date of this subsection.

SB42,44m Section 44m. Effective dates. This act takes effect on the January 1, 2006, or on the day after publication, whichever is later, except as follows:

(1m) Effective date for notification. The treatment of sections 302.117, 973.09 (4m), and 973.176 (2) of the statutes and Section 43 (2m), (2n), and (2o) of this act take effect on the first day of the 6th month beginning after publication.

(2m) Effective date for forms. The treatment of sections 301.03 (3a) of the statutes and Section 42y (1) of this act take effect on the day after publication.