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