Elector making challenge in person.
Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an elector, one of the inspectors may administer the oath or affirmation to the challenged elector under s. 6.92
and ask the challenged elector the questions under that section which are appropriate to test the elector's qualifications. In addition, one of the inspectors shall administer the following oath or affirmation to the challenging elector: "You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding the challenged person's place of residence and qualifications as an elector of this election"; and shall then ask those of the following questions which are appropriate to test the qualifications of the challenged elector:
If challenged as unqualified on the ground that the person is not a citizen: Is the challenged person a citizen of the United States?
If challenged as unqualified on the ground that the person is not a resident of the ward where the person offers to vote:
When did the challenged person last come into this ward?
Did the challenged person come for a temporary purpose only, or for the purpose of making it home?
Did the challenged person come into this ward for the purpose of voting here?
Has the person now and for the last 10 days a voting residence in this ward? If so, what is the particular description, name and location of the person's residence?
If the answer to par. (d)
is no, then: Has the challenged person moved from the ward after the close of registration?
Has the challenged person registered to vote at this election at any other place within or outside this state?
Has the challenged person applied for an absentee ballot at any place in this or any other state?
If single, has the challenged person boarded for part of the week, month or year with the person's parents?
If the challenged person has no parents, or is self-supporting, has the person registered to vote in this ward?
Will the challenged person file his or her next state income tax return as a resident of this ward?
If challenged as unqualified on the ground that the person is not 18 years of age: Is the challenged person 18 years of age to the best of your knowledge and belief?
If challenged as unqualified on the ground that the person has made or become directly or indirectly interested in any bet or wager depending upon the result of the election:
Has the challenged person made, in any manner, any bet or wager depending upon the result of this election, or on the election of any person for whom votes may be cast at the election?
Is the challenged person in any manner, directly or indirectly, interested in any bet or wager depending in any way upon the result of this election?
If challenged as unqualified on the ground that the person has been convicted of treason, felony or bribery and not been subsequently restored to civil rights:
Has the challenged person ever been tried or convicted in this state of any crime? If yes, then—
Of what crime, when and in what court was the challenged person so convicted?
Has the challenged person in any manner since the conviction been restored to civil rights, and if yes, how?
The inspectors, or one of them, shall ask the challenging person any further questions to test the challenging person's knowledge of the qualifications of the challenged person as an elector at the election.
Challenging the absent elector.
The vote of any absent elector may be challenged for cause and the inspectors of election shall have all the power and authority given them to hear and determine the legality of the ballot the same as if the ballot had been voted in person.
Challenge based on incompetency. Section 6.03 (3)
applies to any challenge of a person's right to vote under s. 6.92
based on an allegation that an elector is incapable of understanding the objective of the elective process and thereby ineligible to vote.
History: 1977 c. 394
; 1979 c. 110
Challenged elector oath.
If the person challenged refuses to answer fully any relevant questions put to him or her by the inspector under s. 6.92
, the inspectors shall reject the elector's vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the inspectors shall administer to the person the following oath or affirmation: "You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 days have been a resident of this ward except under s. 6.02 (2)
; you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election". If the person challenged refuses to take the oath or affirmation, the person's vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the inspector under s. 6.92
, takes the oath or affirmation, fulfills the registration requirements, where applicable, and the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person's vote shall be received.
Voting procedure for challenged electors.
Whenever the inspectors under ss. 6.92
receive the vote of a person offering to vote who has been challenged, they shall give the elector a ballot. Before depositing the ballot, the inspectors shall write on the back of the ballot the serial number of the challenged person corresponding to the number kept at the election on the registration or poll list, or other list maintained under s. 6.79
. If voting machines are used in the municipality where the person is voting, the person's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding serial number from the registration or poll list or other list maintained under s. 6.79
written on the back of the ballot before the ballot is deposited. The inspectors shall indicate on the list the reason for the challenge. The challenged ballots shall be counted under s. 5.85
. The municipal board of canvassers may decide any challenge when making its canvass under s. 7.53
. If the returns are reported under s. 7.60
, a challenge may be reviewed by the county board of canvassers. If the returns are reported under s. 7.70
, a challenge may be reviewed by the chairperson of the board. The decision of any board of canvassers or of the chairperson may be appealed under s. 9.01
. The standard for disqualification specified in s. 6.325
shall be used to determine the validity of challenged ballots.