Voter identification.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0340

HOUSE BILL
NO.
HB0153

Voter identification.

Sponsored by:
Representative(s) Harshman, Hallinan, Illoway, Miller and Petersen and Senator(s) Landen, Larson, Perkins and Ross

A BILL

for

AN ACT relating to
elections; providing for display of proof of identification at polling places; providing exceptions; providing for
challenge
of voters; providing for waiver of fees for state issued identification cards;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 22
‑
1
‑
102(a)(xxxix)
, 22
‑
3
‑
118(b)
, (c)(intro),
(i),
(d) and
by creating a new subsection (g), 22
‑
13
‑
104
(a) and by creating a new subsection (d)
, 22
‑
15
‑
104
(a)
by creating a new
paragraph
(
vi
), 22
‑
15
‑
105
(d) and
by creating
n
ew subsection
s
(e) and
(f) and
31
‑
8
‑
104 are amended to read:

22
‑
1
‑
102.

Definitions.

(a)

The definitions contained in this chapter apply to words and phrases used in this Election Code and govern the construction of those words and phrases unless they are specifically modified by the context in which they appear. As used in this Election Code:

(xxxix)

"Acceptable identification" means one (1) of the identification documents or other proof of identity as specified by rule of the secretary of state as adequate proof of the identity of a voter
that satisfies the requirements of W.S. 22
‑
3
‑
18(b)
(
i)
;

22
‑
3
‑
118.

Proof of identity.

(b)

Except as provided in subsection (g) of this section, p
rior to voting, when a voter
has registered by mail and
is voting in person
in his first
Wyoming
federal election,
he shall provide:

(i)

A current, valid photo identification
showing an unexpired expiration date
and which was issued by the United States or the state of Wyoming
;
or

and

(ii)

If voting in his first
Wyoming
federal election, a
copy of a current utility bill, bank statement, paycheck, government check or other government document which shows his name and address.

(c)

Except as provided in this subsection, a voter who has registered
by means other than mail
and is voting by absentee ballot is not required to provide proof of identification when mailing his ballot. However, w
hen a voter has registered by mail and he is voting by mail in his first
Wyoming
federal election, he shall submit with his absentee ballot:

(i)

A

copy of a
current, valid photo identification

showing an unexpired expiration date and which was issued by the United States or the state of Wyoming
;
or

and

(d)

Voters who are unable to provide the required proof under the applicable provisions of subsections (b) and (c) of this section shall be offered provisional ballots in accordance with W.S. 22
‑
15
‑
105 and permitted until the close of business on the day following the election to present documentation

as provided in W.S. 22
‑
15
‑
105
to the county clerk establishing their eligibility to vote in the precinct.

(g)

A voter who votes in person at a precinct polling place that is located at a state licensed care facility where the voter resides is not required to provide proof of identification before voting.

22
‑
13
‑
104.

Procedure before elector permitted to vote.

(a)

Before a qualified elector is permitted to vote an election judge shall

ask to see proof of identity as required in W.S. 22
‑
2
‑
1
18 and
record the applicable information as listed in W.S. 22
‑
1
‑
102(a)(xxiii) by his name on the poll list.

(
d
)

If a voter is unable or declines to present the proof of identity as required by W.S. 22
‑
2
‑
118 or an election judge determines that the proof of identity presented by the voter does not qualify as proof of identity under W.S. 22
‑
2
‑
118, the election judge shall challenge the voter as provided in chapter 15 of this act.

22
‑
15
‑
104.

Grounds for challenge.

(a)

A person offering to vote may be challenged for the following reasons:

(vi)

Is unable or declines
to present the proof of identity as required by W.S. 22
‑
2
‑
118 or an election judge determines that the proof of identity presented by the voter does not qualify as proof of identity under W.S. 22
‑
2
‑
118.

22
‑
15
‑
105.

Challenged person may vote; generally.

(d)

A challenged voter may present information and documentation of his eligibility to register at the election or to vote to the county clerk until the close of business on the day following the election.

Any information presented shall be considered by the canvassing board in determining the voter's eligibility to register at the election or to vote and whether to open and count his provisional ballot.

The provisional ballot shall be counted only after the voter has, by presenting documentation required under this code to the county clerk
, or proof of the requirements of subsection (e) of this section
, established he had previously registered and is a qualified elector or he was eligible to register at the election and is a qualified elector.

(e)

If a voter is challenged under W.S. 22
‑
15
‑
104(a)(vi) and does not provide the proof of identity required under W.S. 22
‑
2
‑
118, the county clerk shall determine that the voter is
not disqualified for failure to provide such proof
if the county clerk determines that the voter is indigent and:

(i)

Unable to obtain proof of identification without the payment of a fee; or

(ii)

Has a religious objection to being photographed.

(f)

If a challenged voter fails by the deadline provided in subsection (d) of this section to meet the requirements of this article, the county clerk shall find that the voter's provisional ballot is invalid.

31
‑
8
‑
104.

Fees.

(a)

Except as provided in subsection (b) of this section, e
very applicant for an identification card shall pay ten dollars ($10.00) to the department. The state treasurer shall credit identification card fees to the highway fund.

(b)

The department shall not impose a fee for the issuance of any original, renewal of or duplicate identification card under this article to an individual who:

(i)

Does not have a valid
Wyoming
driver's license;

(ii)

Will be at least eighteen (18) years of age at the next
election
; and

(iii)

Is unable to obtain for the purpose of voting any other proof of identity that satisfies the requirements of W.S. 22
‑
3
‑
118(b)(i)
.

Section 2.

W.S. 22
‑
3
‑
118(a) is repealed.

Section
3
.

This act is effective July 1, 2009.

(END)

1
HB0153