Wisconsin verifies citizenship before issuing IDs to people without documents | Fact check

The claim: Wisconsin offers a free ID card that 'lets illegals vote'

An April 12 Instagram post (direct link, archive link) features a video captioned, “I guess if a liberal state lets illegals vote that makes it legal?”

A person in the video says, "As we know they have been shipping a lot of illegal people all over the country. And they're bringing them into Wisconsin now."

The speaker then points to a Wisconsin government website that says people can get an ID for voting even if they lack the documentation to get a regular Wisconsin ID. The speaker concludes, "If this isn't election interference ... I don't know what is."

The post was liked more than 500 times in two weeks.

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Our rating: False

Wisconsin offers a pathway for people without identity documents to get a free ID that can be used for voting, but the ID is only for citizens. The state verifies citizenship in the application process and doesn't allow non-citizens to vote, in line with federal election law. The state does allow the applicant to vote for up to 60 days while that verification is pending, meaning there's a potential window where a non-citizen could lie on an application and be able to vote, but that would risk perjury charges.

State assists with verifying identity, citizenship

Wisconsin requires photo ID for voting. When residents interested in voting do not have the documents confirming their identity or citizenship that are usually needed to get an ID, the state’s Department of Transportation can still provide a free ID card, Wisconsin DMV Administrator Tommy Winkler Jr. told USA TODAY. But the pathway to get an ID for voting is only for citizens, contrary to the social media claim.

Wisconsin statute 343.165(8) establishes the pathway, allowing people to petition for a free ID that can be used for voting even if they lack a birth certificate, social security card or other relevant documents. The applicant must complete two forms, certifying they are a citizen, stating their address and providing information such as date and place of birth that can be used to confirm identity and citizenship. Alternative records that can be submitted to aid the process include entries in a family Bible, doctor’s notes or early school records, according to the statute.

"Every applicant certifies under penalty of perjury that the information they provide on the application certifying they are a U.S. citizen and at least 18 years of age by the next election is true," Winkler said.

The state then contacts relevant agencies and works with the applicant if more information is needed to confirm birth and citizenship, Winkler said. A citizenship verification can often be completed in a day, while more complex reviews can take longer. Federal law says only citizens can vote in federal elections.

“The department shall grant a petition if the department concludes, on the basis of secondary documentation or other corroborating information, that it is more likely than not that the name, date of birth, and U.S. citizenship provided in the application is correct,” the statute reads.

Fact check: False claim new no-ID voters are 'skyrocketing' in Texas, Pennsylvania, Arizona

This also isn't new, though the post implies it is connected to a recent influx of immigrants. The alternative pathway has been in use in Wisconsin since at least 2016, when employees at several DMV locations were recorded giving inaccurate information about the alternative pathway to people seeking IDs, according to the Milwaukee Journal Sentinel.

The state issues a receipt within six days of getting a petition that can be used as identification for voting purposes for up to 60 days as the verification process goes on, according to the statute. While that theoretically creates a window for a non-citizen to vote, only three non-citizens have been referred for prosecution since 2019 for voting in a Wisconsin election, according to a PBS Wisconsin report. The report said most cases of non-citizens voting involved confusion over eligibility.

USA TODAY reached out to the Instagram user who shared the claim for comment but did not immediately receive a response.

Snopes also debunked the claim.

Our fact-check sources:

• Tommy Winkler Jr., April 19, Email exchange with USA TODAY
• Wisconsin Legislature, accessed April 19, 343.165(8)
• Wisconsin DMV, accessed April 19, Wisconsin ID card for voting purposes - petition process (IDPP)
• USAGov, updated Feb. 20, Who can and cannot vote
• PBS Wisconsin, April 12, How often do non-US citizens vote in Wisconsin elections?
• Milwaukee Journal Sentinel, Oct. 3, 2016, DMV workers at 7 more stations give wrong voter ID info

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