Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1046 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-5557/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1046
5	5	February 2, 2024 - Introduced by Representatives EMERSON, BARE, CONLEY,
6	6	HAYWOOD, HONG, J. ANDERSON, JACOBSON, JOERS, MADISON, MOORE OMOKUNDE,
7	7	NEUBAUER, OHNSTAD, ORTIZ-VELEZ, PALMERI, RATCLIFF, STUBBS and SUBECK,
8	8	cosponsored by Senators LARSON, SPREITZER, CARPENTER, L. JOHNSON, ROYS,
9	9	SMITH, TAYLOR and WIRCH. Referred to Committee on Campaigns and
10	10	Elections.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to amend 5.02 (6m) (f) of the statutes; relating to: student identification
13	13	used for voting.
14	14	Analysis by the Legislative Reference Bureau
15	15	Current law allows an individual to use as voter identification an unexpired
16	16	identification card issued by a technical college, college, or university in this state if
17	17	the card meets certain criteria. The card must have an expiration date that is no later
18	18	than two years after the date it was issued, and the individual must establish proof
19	19	of enrollment. The U.S. Court of Appeals for the 7th Circuit held that the
20	20	requirement to present both an unexpired identification card and proof of enrollment
21	21	had no rational basis and was therefore unconstitutional. See, Luft v. Evers, 963 F.3d
22	22	665 (2020). This bill allows a student to use an expired student identification card
23	23	under certain circumstances. Under the bill, a student does not need to present proof
24	24	of enrollment if using an unexpired identification card, but must provide proof of
25	25	enrollment if using an expired identification card. In addition, the bill requires each
26	26	technical college in this state and each UW System institution to issue student
27	27	identification cards that meet the criteria to be used as voter identification no later
28	28	than August 1, 2024.
29	29	For further information see the state and local fiscal estimate, which will be
30	30	printed as an appendix to this bill.
31	31	The people of the state of Wisconsin, represented in senate and assembly, do
32	32	enact as follows:
33	33	1
34	34	2 - 2 -2023 - 2024 Legislature LRB-5557/1
35	35	JK:cjs
36	36	SECTION 1 ASSEMBLY BILL 1046
37	37	SECTION 1. 5.02 (6m) (f) of the statutes is amended to read:
38	38	5.02 (6m) (f) An unexpired identification card issued by a university or college
39	39	in this state that is accredited, as defined in s. 39.30 (1) (d), or by a technical college
40	40	in this state that is a member of and governed by the technical college system under
41	41	ch. 38, that contains the date of issuance and signature of the individual to whom it
42	42	is issued and that contains an expiration date indicating that the card expires no
43	43	later than 2 years after the date of issuance if the individual establishes, except that
44	44	if the identification card is expired the individual shall establish that he or she is
45	45	enrolled as a student at the university or college on the date that the card is
46	46	presented.
47	47	SECTION 2.0Nonstatutory provisions.
48	48	(1) No later than August 1, 2024, each University of Wisconsin System
49	49	institution and each technical college in this state that is a member of and governed
50	50	by the technical college system under ch. 38 shall issue student identification cards
51	51	that qualify as identification under s. 5.02 (6m) (f).
52	52	(END)
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