WASHINGTON - In response to Committee on House Administration Chairman Bryan Steil’s call for immediate action to clarify the use of “Limited Term” and “Non-Domiciled” ID’s for election purposes, the Wisconsin Election Commission late yesterday released draft guidance for Wisconsin election clerks.  
 
In the response to Chairman Steil, the Commission also announced its intention to convene on Friday, November 1 to formally issue guidance to municipal and county clerks on individuals who present a "Limited Term" or "Non-Domiciled" ID.  These ID’s are  only issued to temporary visitors.  The meeting comes after Chairman Steil sent a letter to WEC following reports from clerks they failed to give clear guidance on this issue. 
 
Upon receiving the draft guidance, Chairman Steil issued a  follow-up letter urging WEC to convene immediately to issue the draft guidance, as registration and voting is ongoing in Wisconsin.

Excerpts from the draft memo read:

"... the Commission received many questions from clerks asking how to proceed should they encounter this type of ID at the polls on Election Day and during in-person absentee voting."

"Under Wis. Stat. § 343.03(3m), both forms of identification are issued to non-citizens. According to the DMV, identifications marked “Limited Term” indicate “that the license or ID card holder is a non-immigrant (Temporary Visitor) with legal status in the United States” and identifications marked “Non-Domiciled” indicate “that the CDL license holder is a non-immigrant (Temporary Visitor) with legal status in the United States.”"

"The Commission does not know how many of these identifications have been issued..."

"Because both the “Limited Term” and “Non-Domiciled” identifications are issued pursuant to Chapter 343 of the Statutes, Wis. Stat. § 5.02(6m)(a)1. mandates that these identifications must be accepted as a proper form of voter identification. However, possessing a valid identification does not necessarily mean the holder of the identification is eligible to vote."

"... if the potential voter presents a DMV identification marked “Limited Term” or “Non-Domiciled,” that indicates that the individual is most likely ineligible to vote because they are not a citizen and the election inspector should challenge that individual’s eligibility to vote, unless the person presents documentation demonstrating the person is now a citizen."

Read the full letter and draft memo here.


Background:

Wisconsin law requires every eligible voter to be a U.S. citizen and at least 18 years old who has resided in an election district or ward for 28 consecutive days before an election. Eligible individuals are required to provide proof of identification and residency in order to register to vote. Proof of identity can be satisfied with a valid driver license or ID card issued by Wisconsin. For proof of residence, any individual who is issued a Limited Term or Non-Domiciled ID card has been classified as a Temporary Visitor and is thus ineligible to register to vote.

Wisconsin municipal clerks approached WEC for guidance on this issue, but it was not provided.

On October 24, 2024, Chairman Steil sent a letter to WEC demanding answers on whether temporary residents can vote in Wisconsin and urging the Commission to issue guidance to clerks on this.

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