2023 Wisconsin Statutes & Annotations › Chapter 6 - The electors. › 6.34 - Proof of residence required.

6.34
Proof of residence required.
(1)
In this section, “military elector" means a member of a uniformed service on active duty who, by reason of that duty, is absent from the residence where the member is otherwise qualified to vote; a member of the merchant marine, as defined in s. 6.22 (1) (a), who by reason of service in the merchant marine, is absent from the residence where the member is otherwise qualified to vote; or the spouse or dependent of any such member who, by reason of the duty or service of the member, is absent from the residence where the spouse or dependent is otherwise qualified to vote.
(2)
Except as provided in sub. (2m), upon completion of a registration form prescribed under s. 6.33, each eligible elector who is required to register under s. 6.27, who is not a military elector or an overseas elector, shall provide an identifying document that establishes proof of residence under sub. (3). If the elector registered by mail or by electronic application, the identifying document may not be a residential lease.
(2m)
An elector who registers by electronic application under s. 6.30 (5) is not required to provide proof of residence under sub. (2) if, at the time of registration, the elector provides the number of a current and valid operator's license issued under ch. 343, or the number of a current and valid identification card issued under s. 343.50, together with the elector's name and date of birth and the commission is able to verify the information specified under sub. (3) (b) using the system maintained under sub. (4).
(3)
(a)
An identifying document used to establish proof of an elector's residence under sub. (2) shall contain the information required under par. (b) and is limited to one of the following:
1.
A current and valid operator's license issued under ch. 343.
2.
A current and valid identification card issued under s. 343.50.
3.
Subject to s. 66.0438, any other official identification card or license issued by a Wisconsin governmental body or unit.
4.
An official identification card or license issued by an employer in the normal course of business that contains a photograph of the cardholder or license holder, but not including a business card.
5.
A real property tax bill or receipt for the current year or the year preceding the date of the election.
6.
Except as provided in sub. (2), a residential lease.
7.
Any of the following documents without the address specified in par. (b):
a.
A university, college, or technical college identification card that contains a photograph of the cardholder together with a fee payment receipt issued to the cardholder by the university, college, or technical college dated no earlier than 9 months before the date of the election at which the receipt is presented.
b.
An identification card issued by a university, college, or technical college that contains a photograph of the cardholder if the university, college, or technical college that issued the card provides a certified and current list of students who reside in housing sponsored by the university, college, or technical college and who are U.S. citizens to the municipal clerk prior to the election showing the current address of the students and if the municipal clerk, election registration official, or inspector verifies that the student presenting the card is included on the list.
8.
A utility bill for the period commencing not earlier than 90 days before the day registration is made.
9.
A bank statement.
10.
A paycheck.
11.
A check or other document issued by a unit of government.
12.
For an occupant of a residential care facility, as defined in s. 6.875 (1) (bm), for the purpose of registering at the facility, a contract or intake document prepared by the residential care facility that specifies that the occupant currently resides in the facility. The contract or intake document may also identify the room or unit in which the occupant resides.
13.
An identification card issued by a federally recognized Indian tribe in this state.
(b)
Except as provided in par. (a) 7., the identifying documents prescribed in par. (a) shall contain all of the following in order to be considered proof of residence:
1.
A current and complete name, including both the given and family name.
2.
A current and complete residential address, including a numbered street address, if any, and the name of a municipality.
(c)
Identifying documents specified in par. (a) which are valid for use during a specified period must be valid on the day that an elector makes application for registration in order to constitute proof of residence.
(4)
The commission shall maintain a system that electronically verifies, on an instant basis, information specified under sub. (3) (b) from the information submitted in lieu of proof of residence under sub. (2m), using the information maintained by the department of transportation pursuant to the commission's agreement with the secretary of transportation under s. 85.61 (1). If a prospective elector enters information specified under sub. (3) (b) 2. into the system that does not match such information maintained by the department of transportation, the system shall redirect the elector to the department of transportation's Internet site so that the elector may update his or her information with the department of transportation.
History:  2005 a. 451 ss. 40, 43, 44; 2011 a. 23; 2013 a. 182; 2015 a. 261, 374; 2017 a. 226; 2017 a. 365 s. 111; 2017 a. 369.
Under sub. (3) (a) 7. b., students who want to prove residence using an educational institution's dormitory list may do so only if the list contains citizenship information. Federal law preempts the requirement that college and university “dorm lists" include citizenship information. The federal Family Educational Rights and Privacy Act, 20 USC 1232g (FERPA), prohibits educational agencies or institutions from releasing personally identifiable information other than directory information, which does not include citizenship status. Thus, FERPA precludes the state from requiring educational agencies and institutions to include citizenship information on certified lists of students who reside in sponsored housing. Luft v. Evers, 963 F.3d 665 (2020).
2013 Wis. Act 182's requirement for documentary proof of residence and 2011 Wis. Act 23's elimination of proof by other persons' corroboration impose slight burdens on voters and do not violate the U.S. Constitution. Because sub. (3) (a) 11. authorizes proof via any document issued by a unit of government, clerks may mail a letter to a voter's address so that the letter itself suffices as proof. Also, the former Government Accountability Board issued a ruling requiring election officials to accept electronic versions of proof of residence. Wisconsin's election system is generous in permitting same-day registration at the polling place. Proof of residence helps assign voters to their proper districts and is valid for that reason alone. Luft v. Evers, 963 F.3d 665 (2020).