Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

Transcription

1 Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN ONE WISCONSIN INSTITUTE, INC., et al., Plaintiffs, v. Case No. 15-CV-324 MARK THOMSEN, et al., Defendants. JOINT PHASE TWO REPORT This Court s October 13, 2016 order required the parties to confer and jointly file a proposal for quality assurance measures, revisions to DMV employee checklists, and a public information campaign. That report is below. Section I describes the actions that the parties have agreed will be taken. Section II includes actions that the Plaintiffs have proposed and believe are both feasible and necessary. Defendants believe these actions are either infeasible or inappropriate. Section II provides a brief explanation of the disagreement. I. Actions that the parties agree upon. A. DMV training. 1. DMV will require all field staff to complete two rounds of additional training on the IDPP before the election. DMV will use computer verification to confirm that all staff completes both trainings. One training course was distributed on October 19, and staff must complete it by October 25. A copy of the training course that was distributed on October 19 is attached hereto as Exhibit A.

2 Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 2 of 14 A second training course will be distributed during the week of October 31. It will be substantially similar to the training from October 19, but will incorporate any additional training objectives, as well as training on overnight mailing of voting receipts for IDPP applicants. The training will also provide information to field staff regarding the provisional ballot process, as it pertains to ID issuance. B. Quality assurance measures. 1. DMV will maintain a toll-free hotline to answer IDPPrelated questions. 2. DMV has assigned an employee to conduct secret shopper audits of DMV s toll-free IDPP hotline. The auditing employee uses scenarios intended to test more complicated potential customer situations. Any problems discovered during these audits will result in immediate training. This auditing will continue through the election. 3. DMV will assign a direct contact for VoteRiders to contact with any future audit information. 4. DMV will deploy DMV auditor/investigator staff to various service centers for covert quality assurance checks. Visits to ten sites will be made per week during the weeks of October 24, October 31 and November 7. The diverse group of DMV staff persons will be unknown to the offices they visit, and the visits will be recorded and tracked. C. Revisions to DMV employee checklists. 1. A proposed revised DMV checklist is attached hereto as Exhibit B. This checklist includes, in step 15, that the employee needs to discuss the following with the customer: (1) that a receipt or ID card will be received in about a week; (2) the receipt will be valid for 180 days and is acceptable for voting; (3) from October 31 to November 10, receipts will be sent via overnight mail. DMV will distribute this checklist for use at all DMV service centers on October 24, 2016 unless otherwise ordered by the Court. 2

3 Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 3 of Updated field-staff job aids have been distributed to staff, and will go into effect on October 24, 2016 unless otherwise ordered by the Court. The new job aids direct employees to inform customers that in about a week, customers will receive either a Wisconsin ID card or a paper receipt in the mail, and that either one can be used to vote. A copy of the two modified job aids are attached hereto as Exhibit C. D. Public information campaign. 1. WEC will print color copies of the court-approved IDPP palm card, and distribute 2000 printed copies to the City of Milwaukee, and 1000 printed copies to each of the following entities, to use as they believe will be most effective 1 : (i) (ii) (iii) (iv) (v) (vi) (vii) VoteRiders Citizen Action (via counsel) One Wisconsin (via counsel) The League of Women Voters Second Harvest food bank Porchlight, Inc. The City of Madison, to incorporate into its current outreach efforts. (viii) The cities of Green Bay, Kenosha, Racine and Beloit. 2. Each DMV field office will print copies of the courtapproved IDPP palm card in black and white and on regular printer paper, and make copies available to the public at each DMV field office. 1 The Defendants are currently unaware whether these organizations will agree to accept palm cards, but WEC is prepared to print cards for the organizations to use. Distribution to these organizations and municipalities is contingent upon their agreement to accept and use the palm cards. 3

4 Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 4 of Black and white printouts of the IDPP palm card will be given to each person who arrives at a DMV service center seeking information on obtaining an identification product. It will replace the current intake form. 4. Black and white printouts of the non-idpp specific voter ID palm card will be available to customers or posted at all DMV service centers. 5. WEC will send an electronic version of the IDPP palm card to all municipal clerks, with instructions to print copies and distribute them to all polling locations. WEC will advise all municipal clerks to instruct their election inspectors to offer the IDPP palm card to all individuals who either cast a provisional ballot, are otherwise unable to cast a regular ballot because they do not present a qualifying ID, or request information regarding obtaining a free ID. WEC will advise all municipal clerks to instruct their election inspectors to encourage provisional voters to visit a DMV as soon as possible after they cast their ballot to ensure they receive a qualifying ID document by the Friday after the election. 6. WEC will invite each of the following groups and individuals to attend an in-person meeting at WEC s offices during the week of October 24 to discuss further outreach: (i) (ii) (iii) (iv) (v) (vi) (vii) Vote Riders Citizen Action One Wisconsin The League of Women Voters Second Harvest food bank Porchlight, Inc. Executive Director of the City of Milwaukee Election Commission (viii) Clerk of the City of Madison 4

5 Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 5 of 14 WEC staff will make these invitations personally by phone, except for One Wisconsin and Citizen Action which are parties and will be invited through counsel. WEC will use its best efforts to coordinate schedules and the meeting will occur during business hours or early evening at the offices of the WEC during the week of October 24, The meeting will include parties only, with no attorneys present. WEC will solicit ideas for how to efficiently spread information about the IDPP. WEC will also invite all municipal clerks to participate via a webinar to solicit additional outreach feedback. 7. WEC will contact radio and TV programs and offer to be interviewed and explain the IDPP. Specifically, WEC has a radio media distribution list with 65 contacts across the state. WEC will draft a media advisory and distribute it to this list, stating that representatives of the WEC are available to come on any of the shows on those stations to discuss the IDPP. A similar media advisory will be sent to a distribution list of TV station contacts, offering to do video interviews in Madison, or phone interviews. WEC will also make phone contact with major TV and radio outlets across the State to reinforce this offer. 8. WEC will issue a new press release concerning the IDPP during the week of October 24, In addition to the normal distribution of that release, WEC staff will personally contact media outlets in the Milwaukee area and Madison to encourage them to distribute information from the release. In addition, WEC Administrator Haas will hold a press conference in Milwaukee prior to the election to discuss the voter ID law generally and how free IDs can be obtained at the DMV. II. Actions proposed by the Plaintiffs that are not agreed upon. A. Public information campaign. 1. Establish and use mobile DMVs in Milwaukee, Madison, and Green Bay between now and the Friday after the election. Response: This is not technologically feasible this close to election day. DMV must electronically capture both a signature and image of applicants. A functional DMV 5

6 Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 6 of 14 office needs to have access to DMV s information databases, photography equipment, electronic signature equipment, and facial recognition databases. The facial images that are captured when a customer applies, and which appear on IDs, need to be added to existing databases for facial reorganization purposes. Those databases are integrated with the photography equipment at DMV field offices. Establishing a mobile unit with the appropriate equipment, connectivity and integration before the election that includes these necessary functions is not logistically feasible. Other states that have used mobile DMV units, such as Virginia, use specially retrofitted mobile homes/buses, with handicapped accessible ramps (to be ADA compliant) with built in image capture equipment, etc. These mobile units need generators or spots to plug in, special wireless networks that meet our security standards, and new equipment. That cannot be accomplished before the election. Plaintiffs Rebuttal: Numerous states offer mobile DMV services, and there is no reason that Wisconsin cannot as well. The fact that the State did not explore these options following the issuance of the injunction in this case is a problem of the State s own making. There is also no indication that DMV has seriously explored this possibility for example, by contacting other states that use mobile DMVs to assess how long set up should take. Plaintiffs believe that, at the very least, DMV should be required to make a good-faith effort to explore the viability of offering mobile DMV services in Milwaukee between now and the election and to offer such services if it determines in good faith that doing so is viable logistically. 2. Send a mailing to all individuals that WEC and DMV can identify as being registered to vote but not possessing a Wisconsin-issued ID. The letter would (1) list the forms of IDs that can be used to vote and (2) explain how to get a free ID using the language from the court-approved palm card. Response: In WEC s experience with voter education, 6

7 Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 7 of 14 this proposal is more likely to cause public confusion than to help inform the public. WEC has completed other mass mailings previously, including a mailing to over one million unregistered individuals within the last month. WEC s experience is that the matching process for such mailings may be over or under inclusive, and cause confusion for voters who conclude that unnecessary tasks may be required. For example, recipients may form the false impression that they need a special identification card to vote, or that their qualifying photo ID is not sufficient if it is not issued by the DMV. In addition, this proposal is not feasible due to the challenges of developing accurate matching criteria and the logistics involved in developing, testing, procuring, printing and delivery of a mailing without significantly interfering with the WEC s ability to prepare for the Presidential election. Plaintiffs Rebuttal: Plaintiffs suspect that this concern stems from confusion relating to a recent mailing (attached as Exhibit E) sent to many individuals, including some registered voters, that states in part, State records show you may not be registered to vote. This communication was plainly confusing to recipients who are in fact registered to vote. But confusion of this nature can easily be avoided through careful drafting that simply relays information. In particular, the communication could have a title indicating that it is informational in nature (e.g., Information for the 2016 Election ); could identify the forms of qualifying ID; and could then include information about obtaining a free ID if necessary, including that voters must only bring the documents they have to the DMV and will get an ID that can be used for voting after one trip to the DMV. So long as the communication does not include information suggesting that the recipient does not or may not have a qualifying ID, Plaintiffs believe that this communication will be informative and not confusing. 7

8 Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 8 of Use CLEAR reports and other extraordinary efforts to locate everyone who has entered the IDPP at any point in time particularly including those who received denial letters and deliver to them temporary IDs that can be used for voting. Response: This proposal is unworkably vague and risks of confusion or sending credentials to another incorrect address outweigh the potential benefits. In DMV s experience, CLEAR reports are good for obtaining historical and relational information, such as the identity of a sibling or child, but less effective for getting contemporary information, such as addresses. CLEAR reports sometimes include phone numbers, but DMV has attempted to use phone numbers from reports in the past, and found that the reports do not include current accurate phone number. DMV believes it would be irresponsible to send an ID to an unverified address on a CLEAR report, which may be inaccurate or old. The wrong person might get the ID, or discard it, making it impossible to know whether delivery of the ID is complete. DMV already contacts relatives for which there is information in an applicants file. Cold-calling people identified as relatives on CLEAR reports is a potential invasion of privacy, risks disclosing protected information such as the status of an ID application, and could be problematic or upsetting to applicants who may not want relatives contacted about their residence. Plaintiffs Rebuttal: Plaintiffs are not asking that credentials be sent to unverified addresses. As Plaintiffs have explained to the State, the critical point here is that extraordinary efforts be undertaken to locate and then get IDs to the petitioners for whom DMV does not have current address information. Cold-calling a relative to ask how an individual may be contacted is simply not an invasion of privacy particularly as compared to obtaining a CLEAR report in the first place. Further, the trained investigators at CAFU surely have far more tools at their disposal that they can use to locate petitioners. The State s reluctance to make extraordinary efforts here 8

9 Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 9 of 14 is puzzling. The State has already disenfranchised these voters, and it knows that they are virtually certain to be disenfranchised again if they are not located. The State owes these voters more than getting them a qualifying ID for the upcoming election, but that would at least be a start. 4. The State should rent billboards in Milwaukee to (1) list the forms of IDs that can be used to vote and (2) explain how to get a free ID (with IDPP-specific information). Response: This is not likely to be effective or efficient. Preparing an advertisement and getting whatever billboards may be available on extremely short notice is unlikely to maximize effective IDPP outreach. This volume of information is not effective in a billboard format and most viewers would have only seconds to read the content. The Defendants, including the WEC, believe that this is not an efficient use of limited resources. Plaintiffs Rebuttal: There is no need for such a billboard to be complex. One side of the billboard could simply explain what IDs are needed to vote, and the other side could say something like: Need a Free ID? Call [tollfree number]. Or make one trip to the DMV and you will get a free ID for voting. Links to companies offering billboard advertising can easily be found online. E.g., interactive-digital-signage/. And states use billboards in emergency situations. E.g., mgmt.com/disaster/states-partner-digital-billboard- Companies-Emergency-Alerts.html; gamericas.com/blog/stop-freeze-digital-signage-helpinglaw-enforcement-catch-fugitives. There is no reason the State cannot at least make a good-faith attempt to do billboard advertising on an expedited basis. Notably, the evidence at trial showed that those seeking to suppress voting thought that the targeted use of billboards is an efficient means of communicating a message to voters. Here, the geographic concentration of many IDPP petitioners in Milwaukee indicates that 9

10 Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 10 of 14 billboard advertising in that city would likely be an effective means of reaching voters who may need to use the IDPP. 5. Television and radio advertising for the IDPP that is targeted based on the demographics of the IDPP petitioners. Response: The parties are in partial agreement on this point, and partial disagreement. WEC agrees that TV and radio can be a part of the current publication effort, such as targeted radio and TV interviews noted above. As the Court has noted, the people who currently most need information about the IDPP are less likely to be reached through traditional media, and the last mile in delivering the IDPP message likely needs to be completed through a more retail-oriented approach. Political advertising in the next few weeks will saturate media markets, and media availability will be extremely limited. Radio and TV commercials concerning the IDPP are likely to get lost in the media-saturation noise of other election advertising. WEC and DMV believe that this is not an efficient or effective use of resources to advertise the IDPP between now and the election. In addition, WEC does not have funds budgeted to conduct a paid TV or radio campaign which are not otherwise committed for its agency operations and to carry out its responsibilities to administer Wisconsin elections. Time and financial resources for the last mile of outreach are better spent on more direct efforts, such as contacts with advocacy groups, targeted media interviews, and instructions to municipal clerks who directly interact with voters, as described above. Plaintiffs Rebuttal: It is doubtful that radio and TV commercials regarding the IDPP will get lost in the media-saturation noise ; advertising drives interest in a topic so there is reason to think that now is the best time to inform voters about the IDPP. Further, while a retailoriented approach has significant benefits, there plainly are many people who need to use the IDPP but will not be contacted individually in the next 18 days. TV and radio advertising is the only way to fill the gap. Moreover, it 10

11 Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 11 of 14 bears mentioning that WEC and DMV are not themselves offering to engage in retail efforts; as noted above, DMV is not even exploring the possibility of a mobile unit. 6. Print and distribute a general voter ID (non-idpp) palm card to DMV locations and voter advocacy groups. Response: The parties are in partial agreement here and partial disagreement. DMV will make available the non- IDPP palm cards at service centers, as described above. Municipal clerks distribute provisional ballot voting instructions to voters who obtain provisional ballots. The instructions include a list of acceptable IDs. A copy of the instruction sheet is attached hereto as Exhibit D. This handout and the IDPP-specific palm together include the important information. The IDPP-specific card directs customers to where they can get more information. Further simultaneous distribution of these materials could cause confusion. The court-approved palm card already includes adequate information about what voters need to do to get a non-idpp ID, and WEC has already extensive public information about the general ID requirements. Finally, this request is outside the Plaintiffs request. The current focus is making the public aware of the IDPP, and the Defendants propose to focus available resources on that task. Plaintiffs Rebuttal: Plaintiffs have no objection in theory to having clerks distribute the provisional ballot voting instructions rather than the general voter ID palm card. In that case, however, Exhibit D should be modified. That exhibit makes no reference to the free temporary IDs, though this problem could be fixed by simply deleting the language (valid for 45 days) after [a]n identification card receipt issued by Wisconsin DOT. More problematically, Exhibit D makes no reference to obtaining a free ID. The form should at least include something like the following: If you do not have an ID or don t know if your ID is valid, call [toll free number] or go to the WEC website for information. Voters who do not have one of the many acceptable forms of ID can obtain a free State ID for voting in one trip to the 11

12 Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 12 of 14 DMV. While this information is on the IDPP palm card, there will inevitably be provisional voters who do not receive the palm card due to administrative error. In addition, this solution will still leave voters who choose not to cast a provisional ballot and individuals who have questions about the voter ID law without a hand-out containing the basic requirements of the voter ID law. For that reason alone, polling locations should have the non- IDPP palm cards available in addition to the IDPPspecific palm cards. B. Plaintiffs General Objection: During the recent hearing in this case, the Court emphasized that some sort of a public communication blitz is appropriate here. Dkt. 297, 10/12/16 Tr. at 1-P-123. Yet the only significant change in approach the State has taken with respect to its outreach is to print palm cards and to schedule a few additional events. The State refuses to engage in any additional advertising (whether through billboards, radio, or TV), and it is not itself engaging in any retail efforts e.g., by engaging in direct outreach in neighborhoods with voters most likely to need the IDPP. And the State is refusing to do anything more for the voters it previously disenfranchised who did not leave a future forwarding address when they petitioned for a voter ID, in some instances nearly two years ago. The Court should deem these efforts insufficient and order the State to spend a meaningful amount of money and staff time advertising the availability of free IDs for voting purposes, which should be targeted to areas that are most likely to contain voters who need the IDPP, including predominantly African-American and Latino neighborhoods in Milwaukee and Madison. The dedicated investigators at CAFU should be asked to track down the voters who were disenfranchised (either through denial or suspension ) and give them the temporary IDs to which they are entitled. 12

13 Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 13 of 14 Date this 21st day of October, Wisconsin Department of Justice Post Office Box 7857 Madison, Wisconsin (608) (Murphy) (608) (Johnson-Karp) (608) (Schmelzer) (608) (Fax) Respectfully submitted, BRAD D. SCHIMEL Wisconsin Attorney General /s/ S. Michael Murphy S. MICHAEL MURPHY Assistant Attorney General State Bar # GABE JOHNSON-KARP Assistant Attorney General State Bar # JODY J. SCHMELZER Assistant Attorney General State Bar # Attorneys for Defendants 13

14 Case: 3:15-cv jdp Document #: 304 Filed: 10/21/16 Page 14 of 14 Attorneys for Plaintiffs: /s/ Rhett P. Martin Joshua L. Kaul Charles G. Curtis, Jr. Perkins Coie, LLP One East Main Street, Suite 201 Madison, WI (608) (608) Marc E. Elias Bruce V. Spiva Elisabeth C. Frost Rhett P. Martin Aria C. Branch Perkins Coie, LLP 700 Thirteenth Street, N.W., STE 600 Washington, D.C (202) (202) Bobbie J. Wilson Perkins Coie, LLP 505 Howard Street, Suite 1000 San Francisco, CA (415) (415)

15 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 1 of 33 IDPP October IDPP Opening 1.2 Intake

16 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 2 of Beginning 1.4 eligibility

17 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 3 of explain process 1.6 explain process 2

18 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 4 of Additional documentation needed 1.8 Sample CAFU letter

19 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 5 of IDPP Checklist 1.10 Take-Away

20 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 6 of ID Card Receipt 1.12 Product Notations

21 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 7 of Sample Product Notations 1.14 Test your knowledge

22 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 8 of Jane 1.16 Jane application

23 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 9 of Jane residency 1.18 Jane petition 1.19 Jane presents an application for a Wisconsin ID card. She has self-certified that she is a US citizen. Jane only has her proof of residency/address. How can you help Jane vote in the up-coming election? (Multiple Choice, 12 points, 1 attempt permitted)

24 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 10 of 33 Correct Choice Jane does not qualify for any product until she can produce all required documentation. X Jane is eligible to apply for an ID card through the petition process (IDPP). She will receive a receipt through the mail in about a week that will be valid for voting purposes. Jane qualifies for a Wisconsin driver license. Feedback when correct: That's right! You selected the correct response. Jane will receive a photo receipt in the mail from Central Office in about a week which is valid for voting purposes. Feedback when incorrect: Incorrect. Jane is eligible for an ID card through IDPP (the petition process).

25 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 11 of Lori 1.21 Lori Application

26 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 12 of Lori petition 1.23 Lori plans to vote in the up-coming election and would like to get her WI ID card. Today Lori has only an application for an ID. She explains that her birth certificate is at her parent s home in Ohio. How can you help Lori vote on Election Day? (Multiple Choice, 12 points, 1 attempt permitted)

27 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 13 of 33 Correct Choice Lori must contact her parents to have them send her the birth certificate. Lori does not qualify for an ID card. X Lori is eligible to use IDPP to apply for a WI ID card and receive a receipt in about a week that is valid for voting purposes. Feedback when correct: That's right! You selected the correct response. Lori qualifies for an ID using IDPP. Complete the process and provide the customer with the take away letter. Do NOT ask if she could have someone mail her the birth certificate. Feedback when incorrect: Incorrect. Lori can use the petition process to get a WI ID Joe

28 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 14 of Joe application 1.26 Joe petition

29 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 15 of Joe driver license 1.28 Joe residency 1.29 Joe plans to vote in the up-coming election and would like to get his WI ID card. Joe has lost his birth certificate during the move to WI. Today, he has brought his out of state license, proof of residency and an application for a Wisconsin ID. How can you help Joe vote on Election Day? (Multiple Choice, 12 points, 1 attempt permitted)

30 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 16 of 33 Correct Choice Joe must contact vital records and purchase a new birth certificate. It s for his own protection. Joe s only choice is to surrender his out of state license and apply for a Wisconsin license once he gets a new birth certificate. X Joe is eligible to use IDPP to apply for a WI ID card. He will receive a receipt by mail in about a week, which is valid for voting purposes. Feedback when correct: That's right! You selected the correct response. Joe is eligible for a WI ID using the petition process. Joe may retain possession and use his out of state license. Wisconsin will not notify his home state until an actual product is issued. Complete the process, provide the customer with the take away letter, but do NOT void the out of state license. Feedback when incorrect: Incorrect. Joe can use the petition process to get a WI ID.

31 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 17 of Al 1.31 Al birth certificate

32 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 18 of Al application 1.33 Al petition 1.34 Al plans to vote in the up-coming election. He is new to WI and has come in to get an ID for voting. When Al approaches the information desk, he explains that he has recently lost his wallet which contained his NY ID card. The only item that Al has with him today is his NY birth certificate. What product is Al eligible for? (Multiple Choice, 12 points, 1 attempt permitted)

33 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 19 of 33 Correct Choice Al must go to Social Security and plead his case with them. Without a Social Security card, nothing can be issued to him. X Al is eligible to use IDPP to apply for a WI ID card. He will receive a receipt by mail in about a week, which is valid for voting purposes. Al must contact New York state and request a duplicate ID. Once he receives the ID he can apply for a WI ID. Feedback when correct: That's right! You selected the correct response. Al is eligible for an ID using IDPP. Complete the process and provide the customer with the take away letter. Let him know that he can expect a receipt, that is valid for voting purposes, will arrive at his home in about a week. Feedback when incorrect: Incorrect. Al is eligible to use IDPP to apply for a WI ID. A receipt will be mailed to him from Central Office in about a week.

34 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 20 of Susan has walked into your office. She has brought with her a certified birth certificate, Social Security card and her utility bill. She would like to vote in the upcoming election and states that she is there for a receipt to vote. How can you help Susan? (Multiple Choice, 12 points, 1 attempt permitted) Correct Choice Susan is eligible to enter into IDPP so that she can vote in the up-coming election. X Susan has all documents to obtain a WI identification card. Susan cannot vote in this election. Feedback when correct: That's right! Susan has all necessary documentation to obtain a WI ID card. She can still mark the free voter ID box on the application. IDPP was created for those who do not have all of the documentation available when applying for a first-time ID in WI. Feedback when incorrect: You did not select the correct response. IDPP was created for those who do not have all of the documentation available when applying for a first-time ID in WI.

35 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 21 of Roger wishes to vote in the upcoming election. He has a Florida driver license with him today. Roger is a former WI resident whose WI license expired 3 years ago. How can you help Roger vote? (Multiple Choice, 12 points, 1 attempt permitted) Correct X Choice Roger is not eligible to use IDPP to obtain an ID for voting. He can either renew his WI license or apply for a WI ID. He will need to surrender his FL license. Roger can use his FL license and a piece of mail to vote. Roger can use IDPP to get a WI driver license. Feedback when correct: That's right! Roger can easily surrender his FL license and renew his WI DL or apply for WI ID. Both will provide him with what is needed for voting. IDPP was created for those who do not have all of the documentation available when applying for a first-time ID in WI. Feedback when incorrect: You did not select the correct response. IDPP was created for those who do not have all of the documentation available when applying for a first-time ID in WI.

36 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 22 of Anita wishes to vote in the upcoming election. She has recently moved from California. She has brought her valid passport, CA driver license and a utility bill. She explains that her CA license is good for another 3 years so she is only interested in getting an ID to vote. How can you help Anita vote? (Multiple Choice, 12 points, 1 attempt permitted)

37 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 23 of 33 Correct X Choice Anita is not eligible to obtain an ID using IDPP. She can either apply for a free WI ID for voting or driver license. Anita only wants a product to vote. Issue the ID using IDPP but don t scan any of the documents that she has. Refuse to help Anita until she surrenders her out of state license. Feedback when correct: That's right! Anita has all of the necessary documents. Explain that DMV will verify status with the previous state prior to issuing the WI product. In addition, once the card is issued the former state will receive notice that Anita has moved to WI. Feedback when incorrect: You did not select the correct response. IDPP was created for customers who do not have or do not have access to the necessary documents to obtain an ID How will the customer receive their IDPP receipt? (Multiple Choice, 16 points, 1 attempt permitted)

38 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 24 of 33 Correct Choice BFS Processors will print and hand the receipt to the customer. X DMV Central Office will mail a receipt that is valid for voting purposes to the customer in about a week after application is processed. DMV does not provide a voting receipt until all information has been verified. Feedback when correct: That's right! In about a week DMV Central Office will mail a receipt to the address the customer has provided which is valid for voting purposes. Between October 31, 2016 and November 10, 2016 all voting receipts will be over-night mailed to the applicant. Feedback when incorrect: Incorrect. All applicants who apply for a Voter ID using the petition process will be mailed a receipt in about a week that is valid for voting Results Slide (Results Slide, 0 points, 1 attempt permitted)

39 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 25 of Verify 1.41 Eligible to apply

40 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 26 of verification of issuance requirements 1.43 Processing windows

41 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 27 of task 1.45 create customer

42 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 28 of product type IDPP 1.47 app type original

43 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 29 of scanning 1.49 scanning window

44 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 30 of confirmation screen 1.51 paid status/scan application

45 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 31 of corkboard IPDD checklist 1.53 corkboard IDPP template

46 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 32 of complete template 1.55 scan and attach to

47 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 33 of send - prepare final interd 1.57 questions/comments - the end

48 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 1 of 1 IDPP Voter ID Completion Check List This process is used for customers who do not currently hold or have not previously held a WI driver license or identification card. PROCEDURE LIST STEP MET? 1. Customer has been provided intake letter 20 hour site has called DEU for processing assistance 2. Application Completed (MV3004) US Citizen and ID for Free boxes must be checked to be eligible Yes Yes 3. Photo and Signature captured Confirm name and signature match Yes 4. Does prior Wisconsin DL or ID card exist? (If Yes, stop processing. Not eligible for IDPP) 5. Is this the first time WI product do NOT VOID punch any out of state product when processing IDPP application 6. Reviewed all presented documents Does the customer have all necessary documentation (Name/DOB/LP Identity/Residency)? (if Yes, STOP. Not eligible for IDPP. If even one document is missing, process IDPP.) 7. Proof of Residence (if Yes, Scan and continue processing) If NO continue processing 8. Proof of Identity (if Yes, Scan and continue processing) If NO continue processing Yes No Yes No Yes 9. Create Customer in envelope, using Product Type IDPP Yes 10. Pass SSOLV or Contact DEU to override (if needed) Yes 11. Complete only the top line of Office Use Only section of the Petition: Envelope Number, DID and Photo ID Yes No Yes No Yes 12. Process envelope through payment PAID Status Yes 13. Scan the following completed documents in issuance: (MV3012, Residence and Identity - if available, along with any other supporting documents provided, and MV3004 when prompted 1 ) 14. Was the customer provided the Take-Away Letter? Updated and distributed 10/17/ Discussed with the customer that a receipt or ID card will be received in about a week. Receipt will be valid for 180 days and acceptable for voting. Oct 31 Nov 10, receipt will be sent overnight mail. 16. Scan Petition ONLY (MV3012) in ScandAll Pro: SAVE AS PDF File and attach to using IDPP template on BFS Corkboard Yes Yes Yes Yes 17. Verification that all needed documents are scanned in issuance. 1 Yes 18. Prepare Petition and application for verification by Verified By (if required by region): TL/PIC/Designee & Inter-D to CAFU (address below) Inter D the MV3004 and MV3012 to CAFU Room 255 Date work completed Station 1 Scan IDPP Check List with MV3004 in issuance. Last Updated 10/19/2016

49 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 1 of 2 5- Day Office INFO DESK 1) Customer requests ID Card, indicates a need for an ID for voting, or just mentions voting 2) Hand customer ID Application (MV3004), IDPP Application (MV3012), and Intake Handout (Hotline info) 3) Put customer in ID Queue 5- Day Office ASSIGNED ID Processor 1) Does customer have all documentation? YES process customer for ID, provide ID card receipt *ID card will come in the mail, receipt is good for voting NO enroll customer in the IDPP, provide customer with take-away document and let the customer know that in about a week, they will receive either a Wisconsin ID card or a paper receipt in the mail. Either one can be used as ID to vote. *Contact DEU BFS Hotline with any questions (608) Revised October 17, 2016

50 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 2 of 2 20 HOUR Office 1) Customer requests ID Card, indicates a need for an ID for voting, or just mentions voting 2) Hand customer ID Application (MV3004), IDPP Application (MV3012), and Intake Handout (Hotline info) 3) Does customer have all documentation? YES Process customer for ID and provide ID card receipt. *ID card will come in the mail, receipt is good for voting NO Call the DEU BFS Hotline. (608) With assistance from DEU, enroll customer in the IDPP, provide customer with take-away document and let the customer know that in about a week they will receive either a Wisconsin ID card or a paper receipt in the mail. Either one can be used as ID to vote. Revised October 17, 2016

51 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 1 of 2 PROVISIONAL VOTING INFORMATION SHEET You are being given a provisional ballot today because one of the following situations applies: You are unable or unwilling to list your Wisconsin driver license or identification card number on your voter registration application. You are a first-time voter who registered by mail before April 4, 2014 who is unable to provide the poll workers with acceptable proof of residence. You are unable or unwilling to present an acceptable proof of identification. Your provisional ballot number is PV#_. Your provisional ballot will not count unless you provide the poll workers with the required information before the polling place closes at 8:00 p.m. tonight, or you provide the required information to the municipal clerk by 4:00 p.m. the Friday after the election If you need to provide your Wisconsin driver license or identification card number, you may contact the municipal clerk using the information below no later than 4:00 p.m. Friday. If you need to provide proof of residence, you must provide it (or a copy) to the municipal clerk no later than 4:00 p.m. Friday. Acceptable forms of proof of residence are listed on the back side of this handout. Electronic forms are acceptable. If you need to present an acceptable proof of identification, you must present your proof of identification to the municipal clerk no later than 4:00 p.m. Friday. Acceptable forms of proof of identification are listed on the back side of this handout. Municipal Clerk Contact Information: (Name of municipal clerk) (Telephone number) (Address) (Fax number) (Municipality, state, zip code) ( address) You may check whether your provisional ballot was counted on the MyVote Wisconsin website: or by contacting your municipal clerk or the Wisconsin Elections Commission 866-VOTEWIS ( ). NOTE: Provisional ballots will NOT be issued when a voter is at the wrong polling place or when a person is attempting to register in-person at the polling place and does not provide the required proof of residence. EL-123is Rev Wisconsin Elections Commission, P.O. Box 7984, Madison, WI web: elections.wi.gov elections@wi.gov

52 Case: 3:15-cv jdp Document #: Filed: 10/21/16 Page 2 of 2 Acceptable Forms of Proof of Residence A current and valid Wisconsin driver license A current and valid Wisconsin identification card Any other official ID card or license issued by a Wisconsin governmental body An ID card with your photo issued by an employer during the normal course of business (not including a business card) A real estate tax bill or receipt (for the current year or year before the election) A residential lease which is effective for a period that includes Election Day A university, college, or technical college identification card (must include photo) 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 or a certified housing list A utility bill for a period starting no earlier than 90 days before Election Day A bank statement A paycheck A government check Any other official document issued by a unit of government A contract or intake document from a residential care facility that specifies that the occupant currently resides in the facility NOTE: All of the above must contain a current and complete name, including both first and last name; and a current and complete residential address, including numbered street address, if any, and the name of the municipality (or city used for mailing purposes). If the form has an expiration date, it must be valid on Election Day. Acceptable Forms of Proof of Identification The following photo IDs are acceptable for voting purposes, and can be unexpired or expired after the date of the most recent general election: A Wisconsin DOT-issued driver license even if driving privileges are revoked or suspended A Wisconsin DOT-issued identification card Military ID card issued by a U.S. uniformed service (includes Military ID cards issued to a retired service member) A U.S. passport book or card The following photo IDs are also acceptable for voting purposes, but must be unexpired: A certificate of naturalization that was issued not earlier than two years before the date of an election at which it is presented A driver license receipt issued by Wisconsin DOT (valid for 45 days) An identification card receipt issued by Wisconsin DOT (valid for 45 days) A photo identification card issued by a Wisconsin accredited university or college that contains the following: o o o o Date of Issuance Signature of Student Expiration date no later than two years after date of issuance. The university or college ID must be accompanied by a separate document that proves enrollment. A veteran s photo identification card issued by the Department of Veterans Affairs The following photo ID is acceptable for voting purposes, regardless of the expiration date: An identification card issued by a federally recognized Indian tribe in Wisconsin NOTE: A photo ID without an expiration date is considered unexpired EL-123is Rev Wisconsin Elections Commission, P.O. Box 7984, Madison, WI web: elections.wi.gov elections@wi.gov

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