Frequently Asked Questions
Governor Walker signed the voter photo ID law on May 25, 2011, and the Government Accountability Board is implementing the law.
This Frequently Asked Questions is being added to all the time. Please check back again for new entries.
For detailed information about the new law, click here.
| Questions | Answers |
|---|---|
| When will I be required to show a photo ID to vote? |
Voters at special and recall elections in 2011 will be asked to show a photo ID; however, a photo ID will not be required until the Spring Primary in February of 2012. Voters who do not have photo ID for elections in 2011 will be given written information about the requirement in 2012. |
| What IDs are acceptable? |
(Identifications above must be unexpired, or if expired, have expired after the date of the most recent general election.) -- Date of Issuance |
| How do I get a free photo ID to vote? |
Wisconsin law requires the Department of Transportation to provide free ID cards to any individual who will be at least 18 years of age on the date of the next election and who requests a free ID for the purpose of voting. The regular fee is $28. For information about getting a state identification card, please visit the DOT's website: http://www.dot.wisconsin.gov/drivers/drivers/apply/idcard.htm Due to the need to provide a birth certificate and/or other documents to receive a DOT-issued ID, individuals should start the process of obtaining a statutory identification well in advance of an election at which they wish to vote. You may also consult our pamphlet on how to get a free state ID card. |
| What happens if a voter refuses to the sign the poll list? |
If the voter refuses to sign the poll list, a ballot shall not be issued. However, electors who have a disability that prevents them from physically being able to sign the poll list are exempt from this provision. If another person signed the voter’s registration form because the voter was unable to sign due to disability, the election inspector writes the word “exempt” on the signature line. If the voter is already registered but the voter claims to be unable to sign due to physical disability, and both inspectors concur, the inspectors shall enter the words “exempt by order of inspectors” on the signature line. If both inspectors do not waive the signature requirement, the voter shall be allowed to cast a ballot and the inspector or inspectors who did not waive the requirement shall challenge the ballot. |
| Are municipal clerk required to be available on registration, absentee, and provisional deadlines? |
Yes. Municipal clerks must be available at least until 5 p.m. on these deadlines. If municipal clerks do not have set office hours, voters must be provided information where they may readily contact the municipal clerk. If the municipal clerk will not be available, a deputy clerk must be appointed to provide coverage. |
| Does the municipal clerk need to make a copy of the photo ID during in-person absentee voting? |
No. The voter must only show the photo ID to the municipal clerk. |
| Does a voter have to appear in person to provide the missing information that required them to voter provisionally? |
If the missing information was proof of residence, the voter must appear in person. If the missing information is the driver license number, they may mail, fax, email or telephone the information to the municipal clerk. |
| Many of the election forms have changed to incorporate the “soft implementation.” Will there be additional form revisions when full implementation of the legislation becomes effective? |
Yes. Forms may undergo additional revisions based upon the legislative requirements. |
| Voters are now required to provide a previous address for which they were registered last. What happens if the voter is unable to recall their previous address? |
The voter must provide as much information as he or she can recall. |
| Do in-person absentee voters need to sign the poll list? |
No. Absentee Voters only need to sign the Absentee Certificate Envelope (GAB-122). |
| Does the expiration date on photo ID provided by mail-in absentee voters impact how long the photo ID submitted will suffice for subsequent absentee requests? |
No. Municipal clerks are not required to track expiration dates for photo IDs submitted by mail-in absentee voters. Regardless of when the photo ID expires, once the voter has provided photo ID with their absentee application they are not required to provide photo ID again with subsequent absentee ballot requests, unless their registration status changes (address or name change will require them to complete another Voter Registration Application GAB-131). |
| Can university or college student ID’s be used as proof of residence? |
University and college students may use their student photo ID in conjunction with a fee payment receipt that contains the student’s residential address dated no earlier than nine months before the election. University and college students may also use their student photo ID if the university or college has provided a certified list to the municipal clerk of students, containing the students’ residential addresses and indicating which students are U.S. citizens. |
| In section two on the Voter Registration Application (GAB-131), what identifying number must a voter provide? |
The progression is as follows: • If it is current and valid (not revoked, suspended or expired) o Voter must provide the license number • If driver license is revoked, suspended or expired OR if voter can provide the number but is uncertain if license is revoked, suspended or expired o Voter is asked to provide DL# and last 4 digits of SS# Voter who does not possess a WI driver license • Must provide either state-issued ID number or the last 4 digits of their SS# (emphasis on the former, rather than the latter). o If neither number is provided, they may not register and they may not vote. Voter who possesses neither a WI driver license nor a state ID nor an SS# • Fills in the circle indicating they have none |
| What happens if the election inspectors believe the photo ID does not reasonably resemble the voter? |
For any election prior to the 2012 February Primary, there is no consequence if the election inspector does not believe the photo ID reasonably resembles the voter. For elections beginning with the 2012 February Primary, election inspectors would challenge the voter’s ballot. When challenging the voter for this reason, election inspectors must be convinced that the photo ID is not that of the voter. |
| Are mail-in absentee voter required to provide photo ID? |
Mail-in absentee electors should not be asked to show or provide a photo ID for any elections before the 2012 February Primary. However, if a mail-in absentee elector voluntarily provides a copy of photo ID (not required until spring 2012) with their absentee application, municipal clerks will need to maintain a record documenting photo ID was provided. |
| Once a mail-in absentee voter provides photo ID, do they provide ID with subsequent requests? |
Mail-in absentee voters are not require to provide photo ID with their absentee application for any election prior to 2012 February Primary. However, if a mail-in absentee elector voluntarily provides a copy of photo ID (not required until spring 2012) with their absentee application, municipal clerks will need to maintain a record documenting photo ID was provided. 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 their registration status changes (address or name change will require them to complete another Voter Registration Application GAB-131). |
| What is the retention period for photo ID received from mail-in absentee electors? |
Although photo ID is not required for mail-in absentee voter for any election prior to the 2012 February Primary, if the voter voluntary provides photo ID, the municipal clerk must maintain a record that photo was provided. Municipal clerks must retain the photo ID for the retention period provided in §7.23, Wis. Stats. (22 months for absentee requests for federal elections, 90 days for all other elections.) |
| How do homeless people vote now that photo ID is required? |
There is no requirement for voters to provide photo ID for any election prior to the 2012 February Primary. For elections beginning with the 2012 February Primary, homeless voters are not exempt from the photo ID requirement. |
| Can university or college student IDs be used as photo ID? |
If the university or college student ID has not expired, contains the student's photo and signature, as well as the date of issuance and expiration date no later than two years after issuance, the student ID is an acceptable form of photo ID, if the student also establishes that he or she is enrolled as a student by furnishing documentation from the university or college. |
| Can municipal clerks retain the provisional ballots past the 4 p.m. Wednesday deadline? |
No. Municipal clerks must provide all election materials, including any provisional ballots, to the County clerk by 4 p.m. on Wednesday following the election. The provisional ballots must be available to the County Board of Canvassers for processing if necessary. The municipal clerk should have a list of provisional voters and the document they must provide in order for their ballot to count. At 4 p.m. on Friday, the municipal clerk notifies the county of all provisional ballots that may be processed and counted. |
| Are election inspectors required to scrutinize voter signatures? |
Election inspectors are not required under the photo ID law to compare the signature to any other record. Voters should be directed to sign using their normal signature as they would sign any other official document and election inspectors should indicate the line number on which the voter is to sign. The law does not require voter signatures to be legible. |
| Must election inspectors ask all voters for photo ID, even if the election inspectors know the voter? |
While voters are not required to show a photo ID to obtain a ballot in 2011 elections, inspectors must ask every voter for an ID. Inspectors may not be selective by asking only certain voters for an ID while issuing a ballot to other voters without making the request. Even if you know the voter, you must still ask them for ID. |
| On Election Day, should there be other signage alerting voters to the photo ID requirements? |
Prior to the 2012 February Primary, do not post signs in or outside the polling place with language such as “Photo ID Required” or “Please have ID ready” as they may discourage voters without ID from entering or remaining at the polling place. The “Wisconsin New Voter Photo ID Law” handout is the only document that should be posted regarding photo ID. |
| Should the “Wisconsin New Voter Photo ID Law” handout be posted in the polling place? |
The G.A.B. recommends that the “Wisconsin New Voter Photo ID Law” handout be posted near the entrance to the polling place. Staff has received reports that some voters without photo ID heard others in line saying a photo ID was required, and left before getting the handout and learning they were able to vote without a photo ID. |
| What happens if the voter refuses to take the “Wisconsin New Voter Photo ID Law” handout? Does the voter still get a ballot? |
Yes. The voter is given a ballot. The voter is not required to take the handout to receive a ballot. During the soft implementation phase, inspectors also should not engage in a back-and-forth discussion with voters who refuse to present an ID. |
| What is the difference between “proof of residency” and “proof of identification (photo ID)”? |
Proof of residency is required for voter registration (in most situations) and must be current and valid. The purpose of the proof of residency document is to establish the voter’s current address, not to prove that the voter complies with the 28 consecutive day residency requirement. The voter’s sworn statement on the registration form that they meet the 28-day requirement shall be presumed to be true unless the inspector or a challenger has first-hand knowledge sufficient to question the certification. Photo ID is required upon voting before a ballot is issued to voters. The purpose of photo ID is to verify the identity of the voter. For additional information regarding what constitutes an acceptable photo ID, please see the “Wisconsin New Voter Photo ID Law” handout. |
| Are election inspector required to document the type of photo ID presented? |
No. Inspectors are not required to write down the type of photo ID presented. |
| What are election inspectors verifying with photo ID? |
State law requires election inspectors to:
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| Must the address on the photo ID be current and match the address on the voter list? |
No. An acceptable photo ID is not required to contain a current residential address and is not required to match the address on the voter list. |
| Can election inspectors collect information from a voter’s photo ID on Election Day? |
No. Act 23 does not provide for collecting any information by election inspectors when a voter presents photo ID to receive a ballot, such as such as driver license number, date of birth, name, etc. for purposes of voter record maintenance. While there would be some benefit to using the opportunity to collect and correct data, the sole purpose of displaying photo ID at the polling place is to obtain a ballot, and the law does not intend to create additional steps to confirm or correct registration information. Such a process also raises concerns about confidential information being made public, additional delays at the polling place, and making changes in registration data without the voter's written acknowledgment or affirmation. |
| Does a photo ID issued by the Department of Veterans Affairs or Transportation Safety Administration qualify as a military ID? |
Photo IDs issued by the Department of Veteran Affairs or by the Transportation Administration are not acceptable photo ID for voting purposes. “Military ID” is not the language used in the photo ID law to describe an acceptable form of photo ID. Instead, the photo ID law permits an identification card issued by a U.S. uniformed service to be used as proof of identification for voting purposes. Sec. 5.02(6m)(a)3., Wis. Stats. A U.S. uniformed service is defined as and limited to the following:
Sec. 6.22(1)(c), Wis. Stats. Therefore, only an identification card issued by one of these seven entities will be accepted as an identification card issued by a U.S. uniformed services for purposes of the photo ID law. The identification card should be unexpired or if expired has expired after the date of the most recent general election. In addition, the elector is not required to be an active member of the uniformed service in order to use the identification card for voting purposes on Election Day. |
| Are voters who request to vote at the entrance of the polling place (curbside voters) required to sign the poll list? |
No. A voter who casts a ballot pursuant to § 6.82 (1) Wis Stats. is not required to sign the poll list under § 6.79 (1m) Wis. Stats. Election inspectors shall mark the poll list “Ballot received at poll entrance-exempt.” |
