6.87 Annotation
Sub. (4), which prescribes that the absentee voter shall either make and subscribe to the affidavit or to the certification, is directory and not mandatory, and printing their names constituted substantial, albeit nontechnical compliance with the statute's requirements. Lanser v. Koconis, 62 W (2d) 86, 214 NW (2d) 425.
6.87 Annotation
Challenge of compliance with procedures for absent voting is within board of canvasser's jurisdiction. Absent connivance, fraud or undue influence, substantial compliance with statutory voting procedures is sufficient. Appeal From Recount in Election Contest, 105 W (2d) 468, 313 NW (2d) 869 (Ct. App. 1981).
6.875
6.875
Absentee voting in nursing and retirement homes and certain community-based residential facilities. 6.875(1)(a)
(a) "Community-based residential facility" has the meaning given in
s. 50.01 (1g), except that the term does not include a place where fewer than 10 adults who are not related to the operator or administrator reside.
6.875(1)(am)
(am) "Nursing home" means a facility occupied by 10 or more unrelated individuals for the primary purpose of obtaining full-time personal or nursing care which is necessitated by their physical or mental conditions, but does not include a hospital.
6.875(1)(as)
(as) "Qualified community-based residential facility" means a community-based residential facility that qualifies under
sub. (2) (b) to utilize the procedures under this section.
6.875(1)(at)
(at) "Qualified retirement home" means a retirement home that qualifies under
sub. (2) (b) to utilize the procedures under this section.
6.875(1)(b)
(b) "Relative" means a spouse or individual related within the 1st, 2nd or 3rd degree of kinship under s.
852.03 (2), 1995 stats.
6.875 Note
NOTE: Section 852.03 (2), 1995 stats., is printed in a note following s. 852.03.
6.875(1)(c)
(c) "Retirement home" means a facility occupied as a primary place of abode by 10 or more unrelated individuals.
6.875(2)(a)(a) The procedures prescribed in this section are the exclusive means of absentee voting for electors who are occupants of nursing homes or qualified community-based residential facilities.
6.875(2)(b)
(b) The municipal clerk or board of election commissioners of any municipality where a community-based residential facility home is located may adopt the procedures under this section for absentee voting in any community-based residential facility located in the municipality if the municipal clerk or board of election commissioners finds that a significant number of the occupants of the community-based residential facility lack adequate transportation to the appropriate polling place, a significant number of the occupants of the community-based residential facility may need assistance in voting, there are a significant number of the occupants of the community-based residential facility aged 60 or over, or there are a significant number of indefinitely confined electors who are occupants of the community-based residential facility. The municipal clerk or board of election commissioners shall promptly notify the individual submitting nominations for special voting deputies under
s. 7.30 (4) of any action taken under this paragraph.
6.875(2)(c)
(c) The municipal clerk or board of election commissioners of any municipality where a retirement home is located may adopt the procedures under this section for absentee voting in any retirement home located in the municipality if the municipal clerk or board of election commissioners finds that a significant number of the occupants of the retirement home lack adequate transportation to the appropriate polling place, a significant number of the occupants of the retirement home may need assistance in voting, there are a significant number of the occupants of the retirement home aged 60 or over, or there are a significant number of indefinitely confined electors who are occupants of the retirement home. The municipal clerk or board of election commissioners shall promptly notify the individual submitting nominations for special voting deputies under
s. 7.30 (4) of any action taken under this paragraph.
6.875(3)
(3) An occupant of a nursing home or qualified retirement home or qualified community-based residential facility who qualifies as an absent elector and desires to receive an absentee ballot shall make application under
s. 6.86 (1) or
(2) with the municipal clerk or board of election commissioners of the municipality in which the elector is a resident. The clerk or board of election commissioners of a municipality receiving an application from an elector who is an occupant of a nursing home or qualified retirement home or qualified community-based residential facility located in a different municipality shall, as soon as possible, notify and transmit an absentee ballot for the elector to the clerk or board of election commissioners of the municipality in which the home or qualified community-based residential facility is located. The clerk or board of election commissioners of a municipality receiving an application from an elector who is an occupant of a nursing home or qualified retirement home or qualified community-based residential facility located in the municipality but who is a resident of a different municipality shall, as soon as possible, notify and request transmission of an absentee ballot from the clerk or board of election commissioners of the municipality in which the elector is a resident. The clerk or board of election commissioners shall make a record of all absentee ballots to be transmitted, delivered and voted under this section.
6.875(4)
(4) For the purpose of absentee voting in nursing homes and qualified retirement homes and qualified community-based residential facilities, the municipal clerk or board of election commissioners of each municipality in which one or more nursing homes or qualified retirement homes or qualified community-based residential facilities are located shall appoint at least 2 special voting deputies for the municipality in the manner prescribed in
s. 7.30 (4). Upon application under
s. 6.86 (1) or
(2) by one or more qualified electors who are occupants of such a nursing home or qualified retirement home or qualified community-based residential facility, the clerk or board of election commissioners shall dispatch 2 special voting deputies to visit the home or qualified community-based residential facility for the purpose of supervising absentee voting procedure by occupants of the home or qualified community-based residential facility. The 2 deputies designated to visit each nursing home or qualified retirement home and qualified community-based residential facility shall be affiliated with different political parties whenever deputies representing different parties are available. Nominations for deputy positions may be submitted by the 2 recognized political parties whose candidates for governor or president received the greatest numbers of votes in the municipality at the most recent general election. The deputies shall be specially appointed to carry out duties under this section for the period specified in
s. 7.30 (6) (a). The clerk or board of election commissioners may revoke an appointment at any time. No individual who is employed or retained, or within the 2 years preceding appointment has been employed or retained at a nursing home or qualified retirement home or qualified community-based residential facility in the municipality, or any member of the immediate family of such an individual as defined in
s. 19.42 (7), may be appointed to serve as a deputy.
6.875(5)
(5) Prior to entering upon his or her duties, each individual appointed to serve as a deputy under this section shall file the oath required by
s. 7.30 (5). In the oath, the individual shall swear that he or she is qualified to act as a deputy under this section, that he or she has read the statutes governing absentee voting, that he or she understands the proper absentee voting procedure, that he or she understands the penalties for noncompliance with the procedure under
s. 12.13, that his or her sacred obligation will be to fully and fairly implement the absentee voting law and seek to have the intent of the electors ascertained. In addition, the oath shall state that the individual realizes that any error in conducting the voting procedure may result in invalidation of an elector's vote under
s. 7.51 (2) (e) and that the individual realizes that absentee voting is a privilege and not a constitutional right. The form of the oath shall be prescribed by the board.
6.875(6)
(6) Special voting deputies in each municipality shall, not later than 5 p.m. on the Friday preceding an election, arrange one or more convenient times with the administrator of each nursing home or qualified retirement home and qualified community-based residential facility in the municipality from which one or more occupants have filed an application under
s. 6.86 to conduct absentee voting for the election. The time may be no earlier than the 4th Monday preceding the election and no later than 5 p.m. on the Monday preceding the election. Upon request of a relative of an occupant of a nursing home or qualified retirement home or qualified community-based residential facility, the administrator may notify the relative of the time or times at which special voting deputies will conduct absentee voting at the home or facility, and permit the relative to be present in the room where the voting is conducted. At the designated time, 2 deputies appointed under
sub. (4) shall visit the nursing home or qualified retirement home or qualified community-based residential facility. The municipal clerk or executive director of the board of election commissioners shall issue a supply of absentee ballots to the deputies sufficient to provide for the number of valid applications received by the clerk, and a reasonable additional number of ballots. The municipal clerk or executive director shall keep a careful record of all ballots issued to the deputies and shall require the deputies to return every ballot issued to them. The deputies shall personally offer each elector who has filed a proper application the opportunity to cast his or her absentee ballot. If an elector is present who has not filed a proper application, the 2 deputies may accept an application from the elector and shall issue a ballot to the elector if the elector is qualified and the application is proper. The deputies shall administer the oath and may, upon request of the elector, assist the elector in marking or punching the elector's ballot. Upon request of the elector, a relative of the elector who is present in the room may assist the elector in marking or punching the elector's ballot. All voting shall be conducted in the presence of the deputies. No individual other than a deputy may administer the oath and no individual other than a deputy or relative of an elector may render voting assistance to the elector. Upon completion of the voting, the deputies shall promptly deliver, either personally or by 1st class mail, any absentee ballot applications and the sealed certificate-affidavit envelope containing each ballot to the clerk or board of election commissioners of the municipality in which the elector casting the ballot resides, within such time as will permit delivery to the polling place serving the elector's residence on election day. Personal delivery may be made by the deputies no later than noon on election day. If a qualified elector is not able to cast his or her ballot on 2 separate visits by the deputies to the nursing home or qualified retirement home, they shall so inform the municipal clerk or executive director of the board of election commissioners, who may then mail the ballot to the elector no later than 5 p.m. on the Friday preceding the election.
6.88
6.88
Voting and recording the absentee ballot. 6.88(1)(1) When an absentee ballot arrives at the office of the municipal clerk, the clerk shall enclose it, unopened, in a carrier envelope which shall be securely sealed and endorsed with the name and official title of the clerk, and the words "This envelope contains the ballot of an absent, aged, sick, handicapped or disabled elector or the ballot of an election official and must be opened at the polls during polling hours on election day". The clerk shall keep the ballot in the clerk's office until delivered, as required in
sub. (2).
6.88(2)
(2) When an absentee ballot is received by the municipal clerk prior to the delivery of the official ballots to the election officials of the ward in which the elector resides, the ballot envelope, sealed in the carrier envelope, shall be enclosed in the package and delivered to the election inspectors of the proper ward. When the official ballots for the ward have been delivered to the election officials before the receipt of an absentee ballot, the clerk shall immediately enclose the envelope containing the absentee ballot in a carrier envelope as under
sub. (1) and deliver it in person to the proper election officials.
6.88(3)(a)(a) Any time between the opening and closing of the polls on election day, the inspectors shall open the carrier envelope only, and announce the absent elector's name. When the inspectors find that the certification or affidavit has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, they shall enter an indication on the poll or registration list next to the applicant's name indicating an absentee ballot is cast by the elector. They shall then open the envelope containing the ballot in a manner so as not to deface or destroy the affidavit or certification thereon. The inspectors shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under
s. 6.95, the inspectors shall verify that the ballot has been endorsed by the issuing clerk. The inspectors shall deposit the ballot in the proper ballot box and enter the absent elector's name or voting number after his or her name on the poll or registration list the same as if the elector had been present and voted in person.
6.88(3)(b)
(b) When the inspectors find that an affidavit or certification is insufficient, that the applicant is not a qualified elector in the ward, that the ballot envelope is open or has been opened and resealed, or that the ballot envelope contains more than one ballot of any one kind, or if proof is submitted to the inspectors that an elector voting an absentee ballot has since died, the inspectors shall not count the ballot. The inspectors shall endorse every ballot not counted on the back, "rejected (giving the reason)". The inspectors shall reinsert each rejected ballot into the affidavit envelope in which it was delivered and enclose the affidavit envelopes and ballots, and securely seal the ballots and envelopes in an envelope marked for rejected absentee ballots. The inspectors shall endorse the envelope, "rejected ballots" with a statement of the ward or election district and date of the election, signed by the chief inspector and one of the inspectors representing each of the 2 major political parties and returned to the municipal clerk in the same manner as official ballots voted at the election.
6.89
6.89
Absent electors list public. The municipal clerk shall keep a list of all electors who make application for an absent elector's ballot and who have voted under the absent elector provisions giving the name, address and date of application. The list shall be open to public inspection.
CHALLENGING ELECTORS
6.92
6.92
Inspector making challenge. Each inspector shall challenge for cause any person offering to vote whom the inspector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an inspector, one of the inspectors shall administer the following oath or affirmation to the person: "You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding your 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 person's qualifications:
6.92(1)
(1) If challenged as unqualified on the ground that the person is not a citizen: Are you a citizen of the United States?
6.92(2)
(2) If challenged as unqualified on the ground that the person is not a resident of the ward where the person's vote is offered:
6.92(2)(a)
(a) When did you last come into this ward?
6.92(2)(b)
(b) Did you come for a temporary purpose only, or for the purpose of making it your home?
6.92(2)(c)
(c) Did you come into this ward for the purpose of voting here?
6.92(2)(d)
(d) Have you now and have you had for the last 10 days a voting residence in this ward? If so, what is the particular description, name and location of your residence?
6.92(2)(e)
(e) If the answer to
par. (d) is no, then: Have you moved from the ward after the close of registration?
6.92(2)(f)
(f) Have you registered to vote at this election at any other place within or outside this state?
6.92(2)(g)
(g) Have you applied for an absentee ballot at any place in this or any other state?
6.92(2)(h)
(h) If single, do you board for part of the week, month or year with your parents?
6.92(2)(i)
(i) If you have no parents, or are self-supporting, have you registered to vote in this ward?
6.92(2)(j)
(j) Will you file your next state income tax return as a resident of this ward?
6.92(3)
(3) If challenged as unqualified on the ground that the person is not 18 years of age: Are you 18 years of age to the best of your knowledge and belief?
6.92(4)
(4) 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:
6.92(4)(a)
(a) Have you 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?
6.92(4)(b)
(b) Are you in any manner, directly or indirectly, interested in any bet or wager depending in any way upon the result of this election?
6.92(5)
(5) 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:
6.92(5)(a)
(a) Have you ever been tried or convicted in this state of any crime? If yes, then—
6.92(5)(b)
(b) Of what crime, when and in what court were you so convicted?
6.92(5)(c)
(c) Have you in any manner since the conviction been restored to civil rights, and if yes, how?
6.92(6)
(6) The inspectors, or one of them, shall ask the challenged person any other or further questions to test qualifications as an elector at the election.
6.925
6.925
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:
6.925(1)
(1) If challenged as unqualified on the ground that the person is not a citizen: Is the challenged person a citizen of the United States?
6.925(2)
(2) If challenged as unqualified on the ground that the person is not a resident of the ward where the person offers to vote:
6.925(2)(a)
(a) When did the challenged person last come into this ward?
6.925(2)(b)
(b) Did the challenged person come for a temporary purpose only, or for the purpose of making it home?
6.925(2)(c)
(c) Did the challenged person come into this ward for the purpose of voting here?
6.925(2)(d)
(d) 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?
6.925(2)(e)
(e) If the answer to
par. (d) is no, then: Has the challenged person moved from the ward after the close of registration?
6.925(2)(f)
(f) Has the challenged person registered to vote at this election at any other place within or outside this state?
6.925(2)(g)
(g) Has the challenged person applied for an absentee ballot at any place in this or any other state?
6.925(2)(h)
(h) If single, has the challenged person boarded for part of the week, month or year with the person's parents?
6.925(2)(i)
(i) If the challenged person has no parents, or is self-supporting, has the person registered to vote in this ward?
6.925(2)(j)
(j) Will the challenged person file his or her next state income tax return as a resident of this ward?
6.925(3)
(3) 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?
6.925(4)
(4) 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:
6.925(4)(a)
(a) 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?
6.925(4)(b)
(b) 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?
6.925(5)
(5) 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:
6.925(5)(a)
(a) Has the challenged person ever been tried or convicted in this state of any crime? If yes, then—
6.925(5)(b)
(b) Of what crime, when and in what court was the challenged person so convicted?
6.925(5)(c)
(c) Has the challenged person in any manner since the conviction been restored to civil rights, and if yes, how?
6.925(6)
(6) 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.
6.93
6.93
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.
6.935
6.935
Challenge based on incompetency. Section 6.03 (3) applies to any challenge of a person's right to vote under
s. 6.92,
6.925 or
6.93 based on an allegation that an elector is incapable of understanding the objective of the elective process and thereby ineligible to vote.
6.935 History
History: 1977 c. 394;
1979 c. 110.
6.94
6.94
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.
6.95
6.95
Voting procedure for challenged electors. Whenever the inspectors under
ss. 6.92 to
6.94 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 or
7.51. 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.
