In 2011, a new law was enacted that makes significant changes to voting and related residency requirements. The law requires almost all voters to provide proof of identification in order to cast a ballot in any election, even if the voter is already registered. The new law also changes the residency requirements so that a person must reside within their voting district for 28 days prior to the election (rather than 10 days under the old law). The changes are in effect beginning with the February 2012 primary election and apply to all primary and general elections after that date. Below is a summary of some of the major changes.
1. Proof of Residency
Proof of residency is required for:
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First-time voters in Wisconsin who register by mail
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Voters who register within 20 days of the election
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Voters who register at the polls on Election Day
The purpose of the proof of residency document is to establish the voter’s current address. The voter’s sworn statement on the registration form certifies that the voter has resided at that address for at least 28 consecutive days preceding the election.
The address on a voter’s photo ID does not need to match the address on the poll list. However, a voter is still required to prove his or her residency within the voting district with appropriate documentation, such as a utility bill or bank statement that includes the voter's current and complete name, current and complete residential address and the name of the municipality. Voters are no longer able to "vouch" for one another.2. Proof of Identification
A ballot—in person or an absentee—will not be issued to a voter until the voter proves his or her identity. Acceptable forms of identification are as follows:
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Wisconsin DoT-issued driver license
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Wisconsin DoT-issued identification card
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U.S. uniformed service identification card
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U.S. passport
These forms of identification must be unexpired, or if expired, have expired after the date of the most recent general election. For the February 2012 primary, the identification must not have expired prior to November 2011. Additional forms of identification that a voter may use are:
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A certificate of naturalization that was issued not earlier than two years before the date of an election at which it is presented
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An unexpired driving receipt issued by Wisconsin DoT.
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An unexpired identification card receipt issued by Wisconsin DoT.
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An identification card issued by a federally recognized Indian tribe in Wisconsin
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An unexpired identification card issued by a Wisconsin-accredited university or college that meets all of the following criteria:
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Shows date of issuance,
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Contains student signature,
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Expires no more than two years after its issuance, AND
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is accompanied by documentation from the university or college proving that the student is currently enrolled.
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A student ID card is insufficient to establish proof of residency. Out of state drivers licenses may not be used as proof of identification.
A voter may get a free Wisconsin DOT issued identification card under state law. The DOT will provide free ID cards to individuals who are at least 18 (or will be) as of the date of the next election and who specifically request a free ID for voting. Note that it may take a voter several weeks to obtain a free ID card if a voter does not already have a certified copy of his or her birth certificate. Instructions on how to obtain a free state ID may be found here. If a voter does not request the free ID card for the purpose of voting, he or she may be charged the $28 fee ordinarily assessed to applicants for such an ID.
There are some exceptions to the proof of identification requirement related to military and/or overseas voters, certain voters who are hospitalized or reside in nursing homes or similar residential facilities, and crime victims who have a confidential voter listing.
3. Signature Requirement
Voters are now required to sign the poll list. A person who refuses to sign the poll list will not be issued a ballot and, therefore, will not be able to vote.
4. Absentee Voting Changes
The new law also reduces the period in which absentee voting may occur and requires that voters requesting an absentee ballot present or enclose proper proof of identification with their request for absentee ballot, unless the request is electronically made, in which case proof of identification must be enclosed with returned ballot. Once a mail-in absentee voter has provided photo ID, they are not required to provide photo ID again with subsequent absentee ballot requests, unless they need to register again due to a name change or change in address. The requirement that an absentee voter sign the voter roll is waived, instead, absentee voters only need to sign the Absentee Certificate Envelope.
Changes to “automatic” absentee voting. If a voter failed or fails to return any absentee ballot mailed or transmitted to him or her pursuant to an automatic absentee voting request, the clerk must discontinue sending that voter absentee ballots until the voter notifies the clerk that he or she wishes to continue receiving absentee ballots for subsequent elections.
5. Failure or Refusal to “Prove” Identity
Elections officials may deny a person the right to vote if the voter does not present proof of ID, if the name on the ID does not conform to the name on the poll list or separate list, or if the photo on the ID does not “reasonably resemble” the voter. While the person may be permitted to cast a provisional ballot, the voter must correct the deficiencies related to the proof of identification no later than 4 p.m. on the Friday immediately following the election.
Note that this could be a problem for people who are recently married or divorced or otherwise changed their name but have not updated at least one of the necessary forms of identification.
Additional information is available at http://gab.wi.gov/taxonomy/term/135
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