The photo ID requirement established as part of 2011 Act 23 has been enjoined by one or more courts since the 2012 Spring Primary.
- On April 29, 2014, U.S. District Court Judge Lynn Adelman issued a decision in the two federal court cases which found that the photo ID requirement of Act 23 violates the U.S. Constitution as well as the federal Voting Rights Act. The Wisconsin Department of Justice has appealed that decision.
- On July 31, 2014, the Wisconsin Supreme Court found the law to be constitional.
- Because of the federal court order, the photo ID requirement remains enjoined and is not currently in effect.
- For more information, please consult the memos below.
G.A.B.: A source of non-partisan information about Voter Photo ID
The Government Accountability Board is available to provide information and expertise regarding implementation of the new photo ID law.
The Board has not taken a position in support of, or opposition to photo ID with the understanding that such policies are to be decided by Wisconsin’s elected officials. Consistent with its statutory responsibility to administer and enforce the State’s election laws, however, the Board can contribute a wealth of information and expertise to inform the policy discussion, and to identify issues that may need to be addressed at the State and local levels in the practical implementation of a photo ID requirement.
|JCF Assembly Substitute Amendment Bill Analysis for Public.pdf||36.16 KB|
|KJK Assembly Committee Testimony 4.27.11.pdf||45.56 KB|
State Map of Voter ID Rules -- 2010
|Required of all voters; photo and non-photo verification accepted.|
|Photo identification required; voters without photo identification can cast provisional ballots. These ballots are verified and counted based on state regulations.|
|Photo identification requested of all voters; voters without photo identification can sign affidavits and cast regular (non-provisional ballots).|
|Required of all first-time voters.|
|Minimum HAVA requirements in place. Verification required of first-time voters who registered by mail and did provide verification with their registration application.|
Source: Pew Center on the States
Core Principles for Voter Photo ID
The Government Accountability Board staff recommends the following core principles be considered for guiding the development of Wisconsin’s Voter Photo ID legislation. The Photo ID legislation should:
- Make clear the purpose and legislative intent of the legislation;
- Ensure the most vulnerable (non-traditional) voters are not disenfranchised;
- Make Photo IDs free and accessible to voters;
- Offer an alternative (a certificate or an affidavit in lieu of a Photo ID) for Wisconsin residents who object to being photographed based on religious, historical or cultural grounds, i.e. Native Americans; and,
- Provide a sufficient amount of time between passage of the Photo ID legislation and effective implementation date to accommodate training of local election officials and educating the public.