6.10 Annotation
Voter residency and absentee voting is discussed. 60 Atty. Gen. 214.
6.10 Annotation
Voting residency of family members of military personnel stationed in Wisconsin is discussed. 61 Atty. Gen. 269.
6.10 Annotation
Upon marriage to a Wisconsin serviceman, a nonresident wife may take the Wisconsin voting residence of her husband. 61 Atty. Gen. 365.
6.15
6.15
New residents; presidential voting. 6.15(1)
(1)
Qualifications. Any person who was or who is a qualified elector under
ss. 6.02 and
6.03, except that he or she has been a resident of this state for less than 10 days prior to the date of the presidential election, is entitled to vote for the president and vice president but for no other offices. The fact that the person was not registered to vote in the state from which he or she moved does not prevent voting in this state if the elector is otherwise qualified.
6.15(2)
(2) Application for ballot. Any person qualifying under
sub. (1) need not register to vote, but shall apply for and cast his or her ballot as follows:
6.15(2)(a)
(a) The elector's request for the application form may be made to the proper municipal clerk either in person or in writing any time during the 10-day period in which the elector's residence requirement is incomplete, but not later than the applicable deadline for making application for an absentee ballot, or may be made at the proper polling place in the ward or election district in which the elector resides. The application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form:
STATE OF WISCONSIN
County of ....
I, ...., do solemnly swear that I am a citizen of the United States; that prior to establishing Wisconsin residence, my legal residence was in the .... (town) (village) (city) of ...., state of ...., residing at .... (street address); that on the day of the next presidential election, I shall be at least 18 years of age and that I have been a legal resident of the state of Wisconsin since ...., .... (year), residing at .... (street address), in the [.... ward of the .... aldermanic district of] the (town) (village) (city) of ...., county of ....; that I have resided in the state less than 10 days, that I am qualified to vote for president and vice president at the election to be held November ...., .... (year), that I am not voting at any other place in this election and that I hereby make application for an official presidential ballot, in accordance with section 6.15 of the Wisconsin statutes.
Signed ....
P.O. Address ....
Subscribed and sworn to before me this .... day of ...., .... (year)
....(Name)
....(Title)
6.15(2)(b)
(b) The clerk shall provide with the application form a card which the elector shall fill in and return with the application to the municipal clerk. The card shall state that the elector intends to vote for president and vice president in Wisconsin and that his or her voting privileges should be canceled at his or her previous residence. The card shall be in substantially the following form:
.... (Full Name - print or type)
It is my intent to vote for president and vice president in Wisconsin, under section 6.15, Wisconsin Statutes.
( ) I am not registered to vote at my previous address.
( ) I am registered to vote at my previous address and I hereby authorize the cancellation of my previous voting privileges at that address:
.... (Street), .... (Town, village, city), .... (State) .... (Zip)
Signature ....
Present Address ....
6.15(2)(c)
(c) The municipal clerk upon receipt of the application form and voting privileges cancellation card shall immediately forward the card to the proper official of the applicant's prior residence.
6.15(3)(a)1.1. Upon proper completion of the application and cancellation card, the municipal clerk shall inform the elector that he or she may vote for the presidential electors not sooner than 9 days nor later than 5 p.m. on the day before the election at the office of the municipal clerk, or at a specified polling place on election day. When voting at the municipal clerk's office, the applicant shall provide identification and shall mark the ballot in the clerk's presence in a manner that will not disclose his or her vote. Unless the ballot is utilized with an electronic voting system, the applicant shall fold the ballot so as to conceal his or her vote. The applicant shall then deposit the ballot and seal it in an envelope furnished by the clerk.
6.15(3)(a)2.
2. The clerk shall enclose the envelope containing the ballot in a carrier envelope, securely seal it, and endorse it with his or her name, title and the words, "This envelope contains the vote for president and vice president of a new resident and shall be opened only at the polls during polling hours on election day". The clerk shall keep the envelope in his or her office until the clerk delivers it to the inspectors, as provided in
sub. (4).
6.15(3)(a)3.
3. The clerk shall keep open to public inspection a list of all new residents who have voted under this section. The list shall give the name, address and application date of each elector.
6.15(3)(b)
(b)
Election day. An eligible elector may appear at the polling place for the ward or election district where he or she resides and make application for a ballot under
sub. (2). In such case, the inspector or special registration deputy shall perform the duties of the municipal clerk. The elector shall provide identification. If the elector is qualified, he or she shall be permitted to vote. The elector shall mark the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and shall deposit the ballot into the ballot box or give it to the inspector. The inspector shall deposit it directly into the ballot box. Voting machines or ballots utilized with electronic voting systems may only be used by electors voting under this section if they permit voting for president and vice president only.
6.15(4)
(4) Delivery and deposit of ballots. 6.15(4)(a)(a) Clerks holding new resident ballots shall deliver them to the election inspectors in the proper ward or election district where the new residents reside, as provided by
s. 6.88 for absentee ballots.
6.15(4)(b)
(b) During polling hours, the inspectors shall open each carrier envelope, announce the elector's name, check the affidavit for proper execution, and check the voting qualifications for the ward, if any.
6.15(4)(c)
(c) The inspectors shall open the inner envelope without examination of the ballot other than is necessary to see that the issuing clerk has endorsed it.
6.15(4)(d)
(d) Upon satisfactory completion of the procedure under
pars. (b) and
(c) the inspectors shall deposit the ballot in the ballot box. The inspectors shall enter the name of each elector voting under this section on a separate list maintained for the purpose under
s. 6.79.
6.15(4)(e)
(e) If the person is not a qualified elector in the ward or municipality, or if the envelope is open or has been opened and resealed, the inspectors shall reject the vote. Rejected ballots shall be processed the same as rejected absentee ballots, under
s. 6.88 (3) (b).
6.15(5)
(5) Challenge of vote. Any new resident's vote may be challenged for cause in the manner provided in
ss. 6.92 to
6.95.
6.15(6)
(6) Death of elector. When it appears by due proof to the inspectors that a person voting under this section has died before the date of the election, the inspectors shall return the ballot with defective ballots to the issuing official.
6.18
6.18
Former residents. If ineligible to qualify as an elector in the state to which the elector has moved, any former qualified Wisconsin elector may vote an absentee ballot in the ward of the elector's prior residence in any presidential election occurring within 24 months after leaving Wisconsin by requesting an application form and returning it, properly executed, to the municipal clerk of the elector's prior Wisconsin residence. When requesting an application form for an absentee ballot, the applicant shall specify the applicant's eligibility for only the presidential ballot. The application form shall require the following information and be in substantially the following form:
This form shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.
APPLICATION FOR PRESIDENTIAL
ELECTOR'S ABSENT BALLOT.
(To be voted at the Presidential Election
on November ...., .... (year)
I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 10 days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.
Signed ....
Address ....(Present address)
....(City) ....(State)
Subscribed and sworn to before me this .... day of .... .... (year)
....(Notary Public, or other officer authorized to administer oaths.)
....(County)
My Commission expires
MAIL BALLOT TO:
NAME ....
ADDRESS ....
CITY .... STATE .... ZIP CODE ....
Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for not more than 6 months or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months or both.
....(Municipal Clerk)
....(Municipality)
Effective date note
NOTE: This section is shown as affected by two acts of the 2001 Wisconsin legislature, eff. 2-1-03, as merged by the revisor under s. 13.93 (2) (c). Prior to 2-1-03 it reads:
Effective date text
6.18 Former residents. If ineligible to qualify as an elector in the state to which the elector has moved, any former qualified Wisconsin elector may vote an absentee ballot in the ward of the elector's prior residence in any presidential election occurring within 24 months after leaving Wisconsin by requesting an application form and returning it, properly executed, to the municipal clerk of the elector's prior Wisconsin residence. When requesting an application form for an absentee ballot, the applicant shall specify the applicant's eligibility for only the presidential ballot. The application form shall require the following information and be in substantially the following form:
Effective date text
This form shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.
Effective date text
APPLICATION FOR PRESIDENTIAL
Effective date text
ELECTOR'S ABSENT BALLOT.
Effective date text
(To be voted at the Presidential Election
Effective date text
on November ...., .... (year)
Effective date text
I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 10 days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.
Effective date text
Signed ....
Effective date text
Address ....(Present address)
Effective date text
....(City) ....(State)
Effective date text
Subscribed and sworn to before me this .... day of .... .... (year)
Effective date text
....(Notary Public, or other officer authorized to administer oaths.)
Effective date text
....(County)
Effective date text
My Commission expires
Effective date text
MAIL BALLOT TO:
Effective date text
NAME ....
Effective date text
ADDRESS ....
Effective date text
CITY .... STATE .... ZIP CODE ....
Effective date text
Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned not more than 6 months, or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned not more than 3 years, or both.
Effective date text
....(Municipal Clerk)
Effective date text
....(Municipality)
6.20
6.20
Absent electors. Any qualified elector of this state who registers where required may vote by absentee ballot under
ss. 6.84 to
6.89.
6.20 History
History: 1985 a. 304.
6.21
6.21
Deceased electors. When by due proof it appears to the inspectors that a person voting under this section has died before the date of the election, they shall return the ballot with defective ballots to the issuing official. The casting of the ballot of a deceased elector does not invalidate the election.
6.21 History
History: 1985 a. 304.
6.22
6.22
Absentee voting for military electors. 6.22(1)
(1)
Definitions. In this section:
