Wisconsin 2021-2022 Regular Session Status: To Executive 3 R cosponsors

SB 938 — Relating to: verifying citizenship of individuals on the official voter registration list and contents of operator's licenses and identification cards. (FE)

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

28 added · 68 removed

Plain-language change summary

The amended bill SB 938 now includes a requirement for the Wisconsin Elections Commission to verify that individuals on the official voter registration list are U.S. citizens. This verification process will use data from the federal Department of Homeland Security's Systematic Alien Verification for Entitlements database and will be conducted 60 days before absentee ballots are distributed for an election. Additionally, if a person is not a U.S. citizen, their identification card will feature a note indicating it is "Not valid for voting purposes." These changes are significant because they aim to ensure that only U.S. citizens are voting, thereby tightening voter registration procedures.

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- 2022 LEGISLATURE LRB-5942/1 JK&EVM:skw SENATE BILL 938 February 3, 2022 - Introduced by Senators D ARLING, R OTH, W IMBERGER , FELZKOWSKI , NASS and S TROEBEL, cosponsored by Representatives KNODL , A RMSTRONG, B EHNKE , B RANDTJEN, B ROOKS, C ABRAL-G UEVARA, D ITTRICH, G UNDRUM , HORLACHER, KRUG , UGLITSCH, MAGNAFICI, PENTERMAN , ETERSEN , PRONSCHINSKE , ROZAR, SANFELIPPO, SCHRAA, TITTL, WICHGERS and N EYLON .
Date of enactment:
Referred to Committee on Elections, Election Process Reform and Ethics.
Senate Bill 938 Date of publication*:
A N A CT to amend 5.056;
WISCONSIN ACT A N A CT to amend 5.056;
andto create 5.057 and 343.17 (3) (a) 16.
and to create 5.057 and 343.17 (3) (a) 16.
verifying citizenship of individuals on the official voter registration list and contents of operator's licenses and identification cards.
verifying citizenship of individuals on the official voter registration list and contents of operator’s licenses and identification cards.
Analysis by the Legislative Reference Bureau Current law requires the administrator of the Elections Commission to enter into an agreement with the secretary of transportation to match personally identifiable information on the official voter registration list with the information maintained by DOT.
The people of the state of Wisconsin, represented in 5.057 Verification by the Department of Home- senate and assembly, do enact as follows:
Under the bill, the agreement with DOT must also provide for the commission to review the information maintained by DOT to verify that individuals on the registration list are U.S.
land Security.
citizens.
The commission shall verify that individ- uals on the official registration list maintained by the commission under s.
The bill also requires the commission to verify that individuals on the official registration list are U.S.
citizens by using the Systematic Alien Verification for Entitlements database maintained by the federal Department of Homeland Security.
Under the bill, the commission must conduct the verifications 60 days before the distribution of absentee ballots to voters before an election.
The bill also requires DOT to place on the face of an operator's license or identification card issued to a person who is not a U.S.
citizen, the words “Not valid for voting purposes” or another readily recognizable indication that the license may not be accepted for voter identification purposes.
- 2022 Legislature - 2 - LRB-5942/1 JK&EVM:skw SENATE BILL 938 For further information see the state 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:
SECTION 1.
5.056 of the statutes is amended to read:
5.056 Matching program with secretary of transportation.
The commission administrator shall enter into the agreement with the secretary of transportation specified under s.
85.61 (1) to match personally identifiable information on the official registration list maintained by the commission under s.
6.36 (1) and the information specified in s.
6.34 (2m) with personally identifiable information maintained by the department of transportation.
The agreement shall also provide that the commission review the personally identifiable information maintained by the department of transportation 60 days before the distribution of absentee ballots to electors before an election to verify that individuals on the official registration list are U.S.
citizens.
SECTION 2.
5.057 of the statutes is created to read:
5.057 Verification by the Department of Homeland Security.
The commission shall verify that individuals on the official registration list maintained by the commission under s.
citizens by using the systematic alien verification for entitlements database maintained by the federal Department of Homeland Security.
citizens by using SECTION 1.
The commission shall conduct the verification under this section 60 days before the distribution of absentee ballots to electors before an election.
5.056 of the statutes is amended to read:
SECTION 3.
the systematic alien verification for entitlements data- 5.056 Matching program with secretary of trans- base maintained by the federal Department of Homeland portation.
The commission administrator shall enter Security.
The commission shall conduct the verification into the agreement with the secretary of transportation under this section 60 days before the distribution of specified under s.
85.61 (1) to match personally identifi- absentee ballots to electors before an election.
able information on the official registration list main- S ECTION 3.
of the statutes is created to read:
of the statutes is created tained by the commission under s.
LRB-5942/1 - 2022 Legislature - 3 - JK&EVM:skw SECTION 3 SENATE BILL 938 343.17 (3) (a) 16.
6.36 (1) and the infor- to read:
mation specified in s.
6.34 (2m) with personally 343.17 (3) (a) 16.
citizen, the legend “Not valid for voting purposes” or another readily recognizable indication that the license may not be accepted for voter identification purposes.
citizen, identifiable information maintained by the department of the legend “Not valid for voting purposes” or another transportation.
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SECTION 4.Initial applicability.
The agreement shall also provide that the readily recognizable indication that the license may not commission review the personally identifiable informa- be accepted for voter identification purposes.
(1) The treatment of s.
tion maintained by the department of transportation 60 S ECTION 4.0Initial applicability.
days before the distribution of absentee ballots to electors (1) The treatment of s.
first applies to operator's licenses and identification cards issued by the department of transportation on the effective date of this subsection.
first applies before an election to verify that individuals on the official to operator’s licenses and identification cards issued by registration list are U.S.
(END)
citizens.
the department of transportation on the effective date of SECTION 2.
5.057 of the statutes is created to read:
this subsection.
* Section 991.11,ISCONSINSTATUTES:
Effective date of acts.
“Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
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Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 4-8-2022

  4. Presented to the Governor on 4-5-2022 by directive of the Majority Leader

  5. Report correctly enrolled

  6. Received from Assembly concurred in

  7. Ordered immediately messaged

  8. Representatives Steffen and Skowronski added as cosponsors

  9. Read a third time and concurred in, Ayes 59, Noes 36, Paired 2

  10. Rules suspended

  11. Ordered to a third reading

  12. Read a second time

  13. Made a special order of business at 8:09 AM on 2-24-2022 pursuant to Assembly Resolution 30

  14. Fiscal estimate received

  15. Read first time and referred to committee on Rules

  16. Received from Senate

  17. Ordered immediately messaged

  18. Read a third time and passed, Ayes 21, Noes 12

  19. Rules suspended

  20. Ordered to a third reading

  21. Senate Amendment 1 rejected, Ayes 21, Noes 12

  22. Read a second time

  23. Senate Amendment 1 offered by Senators Carpenter, Smith, Agard and Ringhand

  24. Placed on calendar 2-22-2022 pursuant to Senate Rule 18(1)

  25. Available for scheduling

  26. Report passage recommended by Committee on Elections, Election Process Reform and Ethics, Ayes 3, Noes 2

  27. Executive action taken

  28. Fiscal estimate received

  29. Senator Ballweg added as a coauthor

  30. Public hearing held

  31. Representative Allen added as a cosponsor

  32. Representative Murphy added as a cosponsor

  33. Read first time and referred to Committee on Elections, Election Process Reform and Ethics

  34. Introduced by Senators Darling, Roth, Wimberger, Felzkowski, Nass and Stroebel; cosponsored by Representatives Knodl, Armstrong, Behnke, Brandtjen, Brooks, Cabral-Guevara, Dittrich, Gundrum, Horlacher, Krug, Kuglitsch, Magnafici, Penterman, Petersen, Pronschinske, Rozar, Sanfelippo, Schraa, Tittl, Wichgers and Neylon

Sponsors

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 126 not signed on · 26 voted No

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (126)

126 members have not signed on to this bill.

Show all 126 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCURRENCE

Passed 59 Yea · 36 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231800
Republican 36100
Democrat 01700
Total 593600
% of votes cast 62%38%0%0%
How each member voted (95)
Member Party Vote
BOWEN — Nay
BRANDTJEN — Yea
BROSTOFF — Nay
CABRAL-GUEVA — Yea
CABRERA — Nay
CONLEY — Nay
CONSIDINE — Nay
EDMING — Yea
GOYKE — Nay
HEBL — Nay
HINTZ — Nay
HORLACHER — Yea
KATSMA — Yea
KERKMAN — Yea
KUGLITSCH — Yea
LOUDENBECK — Yea
MACCO — Yea
MAGNAFICI — Yea
MEYERS — Nay
MILROY — Nay
MOORE OMOKUN — Nay
MYERS — Nay
OHNSTAD — Nay
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
POPE — Nay
BALDEH — Nay
RAMTHUN — Yea
RIEMER — Nay
ROZAR — Yea
SANFELIPPO — Yea
SCHRAA — Yea
SHELTON — Nay
SKOWRONSKI — Yea
STEINEKE — Yea
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Billings, Jill Democrat Nay
Doyle, Steve Democrat Nay
Drake, Dora Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hesselbein, Dianne Democrat Nay
Hong, Francesca Democrat Nay
McGuire, Tip Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Snodgrass, Lee Democrat Nay
Spreitzer, Mark Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Gundrum, Rick Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Rodriguez, Jessie Republican Nay
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

PASSAGE

Passed 21 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8400
Republican 13000
Democrat 0800
Total 211200
% of votes cast 64%36%0%0%
How each member voted (33)
Member Party Vote
BALLWEG — Yea
PETROWSKI — Yea
BERNIER — Yea
ROTH — Yea
COWLES — Yea
KOOYENGA — Yea
STROEBEL — Yea
DARLING — Yea
AGARD — Nay
BEWLEY — Nay
ERPENBACH — Nay
RINGHAND — Nay
Carpenter, Tim Democrat Nay
Johnson, LaTonya Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Taylor, Sequanna Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 938?
SB 938 is sponsored by Stroebel, Nass, Steve (Republican), Felzkowski, Mary (Republican), Wimberger, Eric (Republican), Roth, and Darling.
What is the current status of SB 938?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 938?
Track SB 938 free on One Click Politics — get push/email alerts when it moves.

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