CHAPTER 5
ELECTIONS — GENERAL PROVISIONS; BALLOTS AND VOTING SYSTEMS
SUBCHAPTER I
GENERAL PROVISIONS
5.05 Elections board; powers and duties.
5.06 Compliance review; appeal.
5.07 Action to compel compliance.
5.08 Petition for enforcement.
5.081 Petition for enforcement of voting rights.
5.085 Elections advisory council.
5.09 Certification of documents.
5.10 Presidential electors.
5.15 Division of municipalities into wards.
5.18 Enforcement of division requirement.
5.35 Polling place requirements.
5.37 Voting machine requirements.
5.40 Use of voting machines or systems.
SUBCHAPTER II
BALLOT FORM
5.52 Multi-candidate elections.
5.53 Voting machine ballots.
5.55 Ballot identification.
5.56 Multiple columns and rows.
5.58 Spring primary ballots.
5.60 Spring election ballots.
5.62 September primary ballots.
5.64 General election ballots.
5.65 Special referendum ballots.
5.72 Correcting ballot errors.
SUBCHAPTER III
ELECTRONIC VOTING SYSTEMS
5.76 Adoption, experimentation or discontinuance of systems.
5.77 Applicable procedures.
5.79 Instruction of electors.
5.80 Demonstrator electronic voting system.
5.81 Ballot information; arrangement; absentee ballots.
5.83 Preparation for use of voting devices; comparison of ballots.
5.84 Testing of equipment; custody of programs and ballots.
5.85 Receiving, counting, tallying and return of ballots.
5.86 Proceedings at central counting location.
5.91 Requisites for approval of ballots, devices and equipment.
5.92 Bond may be required.
5.94 Sample ballot labels and cards; publication.
5.95 Elector information.
GENERAL PROVISIONS
5.01(1)(1)
Construction of chs. 5 to 12. Except as otherwise provided,
chs. 5 to
12 shall be construed to give effect to the will of the electors, if that can be ascertained from the proceedings, notwithstanding informality or failure to fully comply with some of their provisions.
5.01(2)
(2) General provisions of election laws apply. The general provisions of
chs. 5 to
12 apply to all elections.
5.01(3)(a)(a) Except as provided in
par. (b), in every election to choose any officer, each elector has one vote for each office unless clearly indicated otherwise. The person receiving the greatest number of legal votes for the office shall be declared elected, and the canvassers shall so determine and certify.
5.01(3)(b)
(b) In an election to fill a nonpartisan state office, if no names are certified to appear on the ballot, no person may be declared elected.
5.01(4)(a)(a) If 2 or more candidates for the same office receive the greatest, but equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers charged with the responsibility to determine the election, except as provided in
s. 8.17 (4) (b).
5.01(4)(b)
(b) If, in a primary, 2 or more candidates receive an equal but not the greatest number of votes so that only one of those candidates with equal votes may advance to the final election, the choice shall similarly be made by drawing lots.
5.01(4)(c)
(c) The candidates may, if all those tied for the same office are present, draw for themselves. Upon refusal or absence of any of the candidates, the board of canvassers shall appoint a competent person to draw, and upon the results declare and certify the winner.
5.01(4)(d)
(d) If a question is submitted to the electors and an equal number of votes are cast for and against adoption, the question fails adoption.
5.01(5)
(5) Election of governor and lieutenant governor. 5.01(5)(a)(a) In every general election to choose the governor and the lieutenant governor, each elector shall have a single vote applicable to both offices. The persons receiving the greatest number of legal votes cast jointly for them for governor and lieutenant governor shall be declared elected, and the canvassers shall so determine and certify.
5.01(5)(b)
(b) In case 2 or more slates have an equal and the highest number of votes for governor and lieutenant governor, the 2 houses of the legislature shall at the next annual session choose by joint ballot one of the slates so having an equal and the highest number of votes for governor and lieutenant governor.
5.01 Annotation
Where there is substantial compliance with, but a deviation from a provision in an election statute, thereby giving rise to the question of whether the requirement is directory or mandatory, the supreme court in a long line of cases has consistently construed the provision as directory in keeping with (1), which requires that the election laws shall be so construed as to give effect to the will of the electors. Lanser v. Koconis, 62 W (2d) 86, 214 NW (2d) 425.
5.01 Annotation
Where 40% of registered voters were denied ballots in election to remove county seat, election was set aside even though outcome probably was not affected. McNally v. Tollander, 100 W (2d) 490, 302 NW (2d) 440 (1981).
5.02
5.02
Definitions. In
chs. 5 to
12, unless the context requires otherwise:
5.02(1)
(1) "Automatic tabulating equipment" means apparatus which automatically examines and counts votes recorded on ballots or voting machines and tabulates the results.
5.02(1e)
(1e) "Ballot" means a tabulating card, ballot label, sheet of paper or envelope on which votes are recorded. The term also includes a sheet or card, filmstrip or other device listing or containing information relative to offices, candidates and referenda which is placed, projected or composed on the board or screen inside a voting machine.
5.02(1m)
(1m) "Ballot label" means the page, card or material containing the names of offices and candidates or referenda to be voted on, which is placed on a voting device. The term does not include a sticker applied to ballots to fill a vacancy in a nomination.
5.02(1q)
(1q) "Block" means an area which is the smallest geographic area used by the U.S. bureau of the census for data collection and tabulation.
5.02(1s)
(1s) "Board" means the elections board.
5.02(2)
(2) "County clerk" includes the executive director of the county board of election commissioners and their authorized representatives.
5.02(3)
(3) "Educational officer" means the state superintendent and school board members.
5.02(3m)
(3m) "Elected official" means an individual who is elected to a national, state or local office.
5.02(4)
(4) "Election" means every public primary and election.