GOVERNMENT ACCOUNTABILITY BOARD
EMERGENCY RULE
The statement of scope for
these rules
, SS
038-15
, was approved by the Governor on April 3, 2015, published in
Register No. 712A2
on April 13, 2015, and approved by the Government Accountability Board on April 29, 2015.
This emergency rule was approved by the Governor on
May 12, 2015.
ORDER
The
Government Accountability Board
adopts the following emergency rule
to create
GAB,
ch.
10
,
relating to
the use of technical college system student identification cards for voting.
FINDING OF EMERGENCY
The Government Accountability Board finds that
an
emergency exists and that these rules are necessary for the immediate preservation of the
public peace and welfare
.
The Government Accountability Board finds that such emergency rules are necessary to
clarify
how voters must
comply with the photo identification requirements in
Wis. Stat.
§§
5.02(6m)
and
6.79(2)
for
the May 19, and June 9, 2015, special elections and any
other special or regularly scheduled elections
that may occur shortly thereafter.
ANALYSIS BY THE GOVERNMENT ACCOUNTABILITY BOARD
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Wis. Stat.
§
5.05(1)
provides that the Government Accountability Board
(“G.A.B.” or “Board”)
has “the responsibility for the administration of
chs
.
5
to
12
, other laws relating to elections and election campaigns,
subch
.
III of
ch.
13
, and
subch
.
III of
ch.
19
.” The G.A.B.
may
“[p]
romulgate
rules under
ch.
227
applicable to all jurisdictions for the purpose of interpreting or implementing the laws regulating the conduct of elections . . . or ensuring their proper administration.”
Wis. Stat.
§
5.05(1
)(
f)
.
The photo identification requirement is found in chapters 5 and 6 of the Wisconsin Statutes.
See
2011 Wisconsin Act 23
. The
G.A.B.
has the statutory authority to promulgate
emergency
rule
s
to ensure the proper administration of elections.
On November 15, 2011, the Joint Committee for Review of Administrative Rules (“JCRAR”) ordered the
G.A.B.
, pursuant to
Wis. Stat.
§§
227.10(1)
and
227.26(2)
,
to
promulgate an emergency rule to allow for the use of technical college system student identification cards to meet the photo identification requirements of
2011 Wisconsin Act 23
, which was enacted on May 25, 2011.
The
G.A.B.
could not comply with JCRAR’s order until the U.S. Supreme Court denied certiorari on the judicial challenges to the photo identification requirements. The G.A.B. may
now
comply with JCRAR’s order.
Related statute or rule:
Plain language analysis:
2011 Wisconsin Act 23
created the requirement that electors present a
n acceptable
form
of
photo identification
as a condition of obtaining a ballot
.
2011 Wisconsin Act 23
also created the list of documents that qualify as identification for purposes of voting.
These rules clarify
that
an identification card issued by an institution in the Wisconsin Technical College System is an acceptable form of
photo
identification for voting if the card is unexpired
or
remains unexpired for no more than
2
years, and contains the date of issuance and the student’s signature and photo.
These conditions are identical to the requirements for acceptable photo identification cards issued by other accredited educational institutions.
Summary of, and comparison with, existing or proposed federal regulation:
The 2002 federal Help America Vote Act (HAVA), 52 USC §15301 et seq., contains a provision requiring states to receive identification from individuals who register to vote for the first time, by mail. HAVA §
303 (b
)(
2)(A)(
i
)(I). The HAVA
requirement
relates to voter registration
.
The State
photo
identification requirement
relates to
receiving a ballot. The federal requirement simply refers to “current and valid photo identification.” The federal requirement does not de
scribe
specific types of
acceptable
photo identification
.
Comparison with rules in adjacent states:
Illinois
:
Illinois does not require voters to present photo identification to receive a ballot if the voter is already registered to vote.
Iowa
: Iowa does not require voters to present photo identification to receive a ballot if the voter is already registered to vote.
Michigan
:
Michigan requires voters to present photo identification to receive a ballot and vote, but voters may also sign an affidavit attesting that the voter is not in possession of photo
identification.
Michigan permits voters to use student identification from either a high school or an accredited institution of higher education to present at the polls to receive a ballot.
Michigan’s community college system is accredited, and students in those colleges may use their college photo identification cards for voting purposes.
Minnesota
: Minnesota does not r
equire voters to present photo identification to receive a ballot if the voter is already registered to vote.
Summary of factual data and analytical methodologies:
At its meeting on November 9, 2011, the Board determined that a Wisconsin Technical College System institution is accredited under
Wis. Stat.
§
39.30 (1
)(
d
)
, and therefore, an elector may use an identification card issued by such an institution for voting purposes if the card also meets the requirements of
Wis. Stat.
§
5.02(6m)
.
The Board made this determination with advice from G.A.B. staff regarding the accepted rules of statutory interpretation, starting with the plain language of the statute.
Wis. Stat.
§
39.30 (1)(d
)
defines an “accredited” institution as an “institution accredited by a nationally recognized accrediting agency . . . or, if not so accredited, is a nonprofit institution of higher education whose credits are accepted on transfer by not less than 3 institutions which are so accredited, on the same basis as if transferred from an institution so accredited.”
The Board also considered information regarding the legislative history of
2011 Wisconsin Act 23
. The Board did not consider
potential
public policy
reasons
when determining
whether
applicable statutes permitted t
he use of Wisconsin Technical College System student identification cards for voting
purposes.
Analysis and support documents used to determine effect on small business or in preparation of economic impact analysis:
The Board anticipates that this rule will have minimal or no economic or fiscal impact on specific business, business sectors, public utility rate payers, or the State’
s economy as a whole because t
he rule does not impose any requirements
, fiscal or otherwise,
on
businesses or with regard to public utility rates.
Fiscal estimate:
The Board finds that this rule will have
minimal or no
fiscal
impact.
The rule does not impose any requirements on Wisconsin Technical College System institutions that may issue identification cards to students. The rule only clarifies that Wisconsin Technical College System students may use their identification cards for voting purposes if those cards meet the photo identification requirements in
Wis. Stat.
§
5.02(6m)
.
Effect on small business:
The Board finds that t
he rule will have no economic impact on small businesses, as that term is defined in
Wis. Stat.
§
227.114(1)
.
Agency contact person:
Matthew Giesfeldt
Staff Counsel
212 East Washington Avenue, Third Floor
P.O. Box 7984
Madison, Wisconsin 53707-7984
(608) 264-9319 (fax)
Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, fax, or email to the contact named above. Hearing dates and the comment submission time are to be determined.
TEXT OF RULE
Section 1
: GAB 10.01 is created to read:
GAB 10.01
Definitions.
In this chapter:
(1)
“Student identification card” means a document or card that:
(
a
)
Is unexpired;
(
b
)
Contains the date of issuance;
(
c
)
Contains the signature of the student to whom it is issued;
(
d
)
Contains a photograph that reasonably resembles the student to whom it is issued;
(e)
Contains an expiration date indicating that the card expires no later than 2 years after the date of issuance; and
(f)
Is issued to a student who
establishes that the student is enrolled at
the college
that issued the card on the date that the card is presented.
(2)
“Technical college” means a college that is a member of and governed by the Wisconsin Technical College System.
Section 2:
GAB 10.02 is created to read:
GAB 10.02.
Wisconsin Technical College System
student
identification cards for voting.
A
student identification card issued by a technical college
is an acceptable form of identification under
s.
5.02(6m
)(
f)
, Wis. Stat., and may be presented
by an elector obtaining a ballot
pursuant to s
s
.
6.15(2)(
bm
)
,
6.15(3)
,
6.18
,
6.
79(2)
,
6.82
,
6.86(1)
,
6.86(2)
,
6.87
,
6.875(6)
,
and
6.97
,
Wis. Stat
.
Section 3:
Effective date.
In accordance with s.
227.24
,
emergency rules
GAB §§
10.01
and
10.02
shall take effect upon publication in the
Wisconsin State Journal
and shall remain in effect for a period of 150 days thereafter unless
otherwise amended or repealed or unless the
Government Accountability
Board promulgates an identical permanent rule.
