6.57 History
History: 1975 c. 85 s.
30; Stats. 1975 s. 6.57;
1977 c. 394.
VOTING
6.76
6.76
Time off for voting. 6.76(1)(1) Any person entitled to vote at an election is entitled to be absent from work while the polls are open for a period not to exceed 3 successive hours to vote. The elector shall notify the affected employer before election day of the intended absence. The employer may designate the time of day for the absence.
6.76(2)
(2) No penalty, other than a deduction for time lost, may be imposed upon an elector by his or her employer by reason of the absence authorized by this section.
6.76(3)
(3) This section applies to all employers including the state and all political subdivisions of the state and their employes, but does not affect the employes' right to holidays existing on June 28, 1945, or established after that date.
6.76 History
History: 1977 c. 394;
1991 a. 316.
6.77
6.77
Place for voting. 6.77(1)(1) An elector may vote only at the polling place for his or her residence designated by the governing body or board of election commissioners.
6.77(2)
(2) Whenever territory which was formerly a part of one municipality becomes a part of another municipality, an elector of the territory shall vote in the municipality in which the territory is included on the day of the election.
6.77 History
History: 1975 c. 85;
1985 a. 304.
6.78
6.78
Poll hours. The polls at any election shall be open:
6.78(1)
(1) In 1st, 2nd and 3rd class cities, from 7 a.m. until 8 p.m.
6.78(2)
(2) In 4th class cities, villages and towns, from 9 a.m. until 8 p.m.; extendable by the governing body to not earlier than 7 a.m. Notice of the change of hours shall be given by publication in a newspaper, under
ch. 985, once each week for 2 successive weeks, with the first insertion not less than 8 days before the election. The new hours shall take effect only after the notice provisions have been complied with. When the ordinance applies to all future elections, notice need be given only for the first election affected by the change.
6.78(3)
(3) The polls at school elections shall be open the same hours as provided under
subs. (1) and
(2) in the municipality or municipalities in which the school district is located, except as authorized in
s. 120.06 (9) (a).
6.78(4)
(4) Any elector waiting to vote, whether within the polling booth or in the line outside the booth at the time the polls officially close, shall be permitted to vote.
6.78 History
History: 1985 a. 304;
1991 a. 316.
6.79
6.79
Recording electors. Two election officials at each election ward shall be in charge of and shall maintain 2 separate lists of all persons voting.
6.79(1)
(1) Municipalities without registration. Where there is no registration, before being permitted to vote, each person shall state his or her full name and address. The officials shall record each name and address on a poll list in the same order as the votes are cast. If the residence of the elector does not have a number, the election officials shall, in the appropriate space, write "none". Alternatively, the municipal clerk may maintain a poll list consisting of the full name and address of electors compiled from previous elections. Whenever an elector appears to vote, the officials shall verify the correctness of the elector's name and address, and shall enter a serial number next to the name of the elector in the order that the votes are cast, beginning with the number one. If the name and address of an elector do not appear on the prepared poll list, the officials shall record the name, address and serial number of the elector at the bottom of the list. The officials may require any elector to provide identification, including acceptable proof of residence, or to have another elector corroborate his or her information in accordance with the procedure specified in
s. 6.55 (2) (b) before permitting the elector to vote. The officials shall maintain a separate list of those persons voting under
ss. 6.15 and
6.24.
6.79(2)
(2) Municipalities with registration. Where there is registration, each person, before receiving a voting number, shall state his or her full name and address. Upon the prepared registration list, after the name of each elector, the officials shall enter the serial number of the vote as it is polled, beginning with number one. Each elector shall receive a slip bearing the same serial number. A separate list shall be maintained for electors who are voting under
s. 6.15,
6.29 or
6.55 (2) or
(3) and electors who are reassigned from another polling place under
s. 5.25 (5) (b). Each such elector shall have his or her full name, address and serial number likewise recorded and shall be given a slip bearing such number.
6.79(3)
(3) Refusal to give name and address. If any elector offering to vote at any polling place refuses to give his or her name and address, the elector may not be permitted to vote.
6.79(4)
(4) Supplemental information. When any elector provides identification under
sub. (1) or
s. 6.15,
6.29 or
6.55 (2) or
(3), the election officials shall enter the type of identification on the poll or registration list, or supplemental list maintained under
sub. (2). If the form of identification includes a number which applies only to the individual holding that piece of identification, the election officials shall also enter that number on the list. When any elector corroborates the registration identity or residence of any person offering to vote under
sub. (1) or
s. 6.55 (2) (b) or
(c) or
(3) the name and address of the corroborator shall also be entered next to the name of the elector whose information is being corroborated on the registration or poll list, or the separate list maintained under
sub. (2). When any person offering to vote has been challenged and taken the oath, following the person's name on the registration or poll list, the officials shall enter the word "Sworn".
6.79(5)
(5) Poll list forms. Poll lists shall be kept on forms designed by the board to be substantially similar to the standard registration list forms used in municipalities where registration is required and shall require, for each person offering to vote, the entry of the person's full name and address.
6.80
6.80
Mechanics of voting. 6.80(1)(1)
Voting booth or machine use. Only one individual at a time is permitted to occupy a voting booth or machine, except that an elector who is a parent or guardian may be accompanied by the elector's minor child or minor ward, and an elector who qualifies for assistance under
s. 6.82 (2) may be assisted as provided in that subsection.
6.80(2)(a)(a) Upon receiving his or her ballot and without leaving the polling place, the elector shall enter an unoccupied voting booth or machine alone to cast his or her vote, except as authorized in
sub. (1). An elector may use or copy an unofficial sample ballot which may be marked in advance of entering the polling place, but an elector may not use or bring into the polling place any ballot printed upon paper of the type required or utilized for official ballots at that polling place.
6.80(2)(am)
(am) In partisan primaries, an elector may vote for a person as the candidate of the party of the elector's choice, if that person's name does not appear on the official ballot of that party, by writing in the name of the person in the space provided on the ballot or the ballot provided for that purpose, or where voting machines are used, in the irregular ballot device, designating the party for which the elector desires such person to be the nominee.
6.80(2)(b)
(b) After preparing his or her ballot, unless the ballot is intended for counting with automatic tabulating equipment, the elector shall fold it so its face will be concealed.
6.80(2)(c)
(c) Any elector who, by accident or mistake, spoils or erroneously prepares a ballot may receive another, by returning the defective ballot, but not to exceed 3 ballots in all.
6.80(2)(d)
(d) If an elector receives a ballot which is not initialed by 2 inspectors, or is defective in any other way, the elector shall return it to the inspectors. If the initials are missing, the inspectors shall supply the missing initials. If the ballot is defective, they shall destroy it and issue another ballot to the elector.
6.80(2)(e)
(e) Upon voting his or her ballot, the elector shall publicly and in person deposit it in the ballot box or deliver it to an inspector for deposit in the box.
6.80(2)(f)
(f) In the presidential preference primary and other partisan primary elections at polling places where ballots are distributed to electors, unless the ballots are utilized with an electronic voting system in which all candidates appear on the same ballot, after the elector prepares his or her ballot the elector shall detach the remaining ballots, fold the ballots to be discarded, fold the completed ballot unless the ballot is intended for counting with automatic tabulating equipment, personally deposit the ballots to be discarded in the separate ballot box marked "blank ballot box", and deposit the completed ballot in the ballot box indicated by the inspectors. The inspectors shall keep the blank ballot box locked until the canvass is completed and shall dispose of the blank ballots as prescribed by the municipal clerk.
6.80(3)
(3) Time in booth or machine. 6.80(3)(a)(a) Each elector shall be allowed a reasonable time to vote. Unless otherwise specified for that election, a majority of the inspectors shall determine the time each elector shall have to mark the ballot, taking into consideration the size of the ballot and the number of electors in line waiting to vote. In no case shall the time be less than one minute. If there are electors in line waiting to vote, the time shall not exceed 5 minutes.
6.80(3)(b)
(b) If an elector refuses to leave the booth or machine after being notified by one of the inspectors that the time has expired, the elector shall be removed by the inspectors.
6.82
6.82
Assisting electors. 6.82(1)(1)
Receipt of ballot at poll entrance. 6.82(1)(a)(a) When any inspectors are informed that an elector is at the entrance to the polling place who as a result of disability is unable to enter the polling place, they shall permit the elector to be assisted in marking or punching a ballot by any individual selected by the elector, except the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector. The inspectors shall issue a ballot to the individual selected by the elector and shall accompany the individual to the polling place entrance where the assistance is to be given. If the ballot is a paper ballot, the assisting individual shall fold the ballot after the ballot is marked or punched by the assisting individual. The assisting individual shall then immediately take the ballot into the polling place and give the ballot to an inspector. The inspector shall distinctly announce that he or she has "a ballot offered by .... (stating person's name), an elector who, as a result of disability, is unable to enter the polling place without assistance". The inspector shall then ask, "Does anyone object to the reception of this ballot?" If no objection is made, the inspectors shall record the elector's name under
s. 6.79 and deposit the ballot in the ballot box, and shall make a notation on the registration or poll list: "Ballot received at poll entrance".
6.82(1)(b)
(b) If objection to receiving the ballot is made by any qualified elector present, the inspectors shall receive the ballot under
s. 6.95.
6.82(2)(a)(a) If an elector declares to the presiding election official that he or she cannot read or write, or has difficulty in reading, writing or understanding English or that due to disability is unable to mark or punch a ballot or depress a button or lever on a voting machine, the elector shall be informed by the officials that he or she may have assistance. When assistance is requested, the elector may select any individual to assist in casting his or her vote. The selected individual rendering assistance may not be the elector's employer or an agent of that employer or an officer or agent of a labor organization which represents the elector. The selected individual shall certify on the back of the ballot that it was marked or punched with his or her assistance. Where voting machines are used, certification shall be made on the registration list.
6.82(2)(b)
(b) The individual chosen shall enter the voting booth or machine with the elector and shall read the names of all candidates on the ballot for each office, and ask, "For which one do you vote?". The ballot shall be marked or punched or the lever or button depressed according to the elector's expressed preference. The individual selected to assist may not disclose to anyone how the elector voted.
6.82(2)(c)
(c) Intoxication shall not be regarded as a disability.
6.82(2)(d)
(d) The election officials shall enter upon the poll list after the name of any elector who had assistance in voting the word "assisted". The officials shall also record on the poll list the full name and address of the individual who renders assistance.
6.82(3)
(3) Use of paper ballots. Whenever, in a municipality in which voting machines are used, an elector declares to the chief inspector that, due to physical disability, the elector is unable to depress a button or lever on a voting machine, the inspectors shall permit the elector to vote using a paper ballot and voting booth.
6.82(4)
(4) Solicitation prohibited. No election official or other person assisting an elector under this section or
s. 5.79 may request, suggest or seek to persuade an elector to cast a vote for or against any candidate, party or question.
6.82 Annotation
An elector with dyslexia may qualify for voter assistance under sub. (2), [1971 stats.]. 62 Atty. Gen. 195.
VOTING ABSENTEE
6.84(1)(1)
Legislative policy. The legislature finds that voting is a constitutional right, the vigorous exercise of which should be strongly encouraged. In contrast, voting by absentee ballot is a privilege exercised wholly outside the traditional safeguards of the polling place. The legislature finds that the privilege of voting by absentee ballot must be carefully regulated to prevent the potential for fraud or abuse; to prevent overzealous solicitation of absent electors who may prefer not to participate in an election; to prevent undue influence on an absent elector to vote for or against a candidate or to cast a particular vote in a referendum; or other similar abuses.
6.84(2)
(2) Interpretation. Notwithstanding
s. 5.01 (1), with respect to matters relating to the absentee ballot process,
ss. 6.86,
6.87 (3) to
(7) and
9.01 (1) (b) 2. and
4. shall be construed as mandatory. Ballots cast in contravention of the procedures specified in those provisions may not be counted. Ballots counted in contravention of the procedures specified in those provisions may not be included in the certified result of any election.
6.84 History
History: 1985 a. 304;
1987 a. 391.
6.85
6.85
Absent elector; definition. An absent elector is any otherwise qualified elector who is or expects to be absent from the municipality in which the absent elector is a qualified elector on election day whether by reason of active service in the U.S. armed forces or for any other reason, or who because of age, sickness, handicap, physical disability, jury duty, service as an election official or religious reasons cannot appear at the polling place in his or her ward. No person under the age of 70 qualifies as an absent elector solely because of age. Any otherwise qualified elector who changes residence within this state by moving to a different ward or municipality later than 10 days prior to an election may vote an absentee ballot in the ward or municipality where he or she was qualified to vote before moving. An elector qualifying under this section may vote by absentee ballot under
ss. 6.86 to
6.89.
6.85 Annotation
Voter residency and absentee voting discussed. 60 Atty. Gen. 214.
6.86
6.86
Application for absentee ballot. 6.86(1)(a)(a) Any elector, qualifying under
ss. 6.20 and
6.85 as an absent elector, may make written application to the municipal clerk for an official ballot by one of the following methods:
6.86(1)(a)2.
2. In person at the office of the municipal clerk.
6.86(1)(ag)
(ag) An elector who is unable to write his or her name due to physical disability may authorize an application to be made by another elector on his or her behalf. In such case, the application shall state that it is made on request and by authorization of a named elector who is unable to sign the application due to physical disability.
6.86(1)(ar)
(ar) Except as authorized in
s. 6.875 (6), the municipal clerk shall not issue an absentee ballot unless the clerk receives a written application therefor from a qualified elector of the municipality. The clerk shall retain each absentee ballot application until destruction is authorized under
s. 7.23 (1).
6.86(1)(b)
(b) Except as provided in this section, if application is made in writing, the application, signed by the elector, shall be received no later than 5 p.m. on the Friday immediately preceding the election. If application is made in person, the application shall be made no later than 5 p.m. on the day preceding the election. If the elector is making written application and the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then notarize the affidavit as provided in
s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place as required in
s. 6.88. If application is made under
sub. (2), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.
6.86(2)(a)(a) An elector who is indefinitely confined because of age, physical illness or infirmity or is disabled for an indefinite period may by signing a statement to that effect require that an absentee ballot be sent to the elector automatically for every election. The application form and instructions shall be prescribed by the board, and furnished upon request to any elector by each municipality. The envelope containing the absentee ballot shall be clearly marked as not forwardable. If any elector is no longer indefinitely confined, the elector shall so notify the municipal clerk.
6.86(2)(b)
(b) The mailing list established under this subsection shall be kept current through all possible means. If an elector fails to cast and return an absentee ballot received under this subsection, the clerk shall notify the elector by 1st class letter or postcard that his or her name will be removed from the mailing list unless the clerk receives a renewal of the application within 30 days of the notification. The clerk shall remove from the list the name of each elector who does not apply for renewal within the 30-day period. The clerk shall remove the name of any other elector from the list upon request of the elector or upon receipt of reliable information that an elector no longer qualifies for the service. The clerk shall notify the elector of such action not taken at the elector's request within 5 days, if possible.
6.86(3)(a)(a) Any elector who is registered, or otherwise qualified where registration is not required, and who qualifies under
ss. 6.20 and
6.85 as an absent elector because the elector is hospitalized, may apply for and obtain an official ballot by agent. The agent may apply for and obtain a ballot for the hospitalized absent elector by presenting a form prescribed by the board and containing the required information supplied by the hospitalized elector and signed by that elector and any other elector residing in the same municipality as the hospitalized elector, corroborating the information contained therein. The corroborating elector shall state on the form his or her full name and address.
6.86(3)(b)
(b) When such properly executed form is presented to the municipal clerk, if the elector who proposes to vote is qualified, an absentee ballot shall be issued and the name of such hospitalized elector shall be recorded by the clerk. An agent who is issued an absentee ballot under this section shall present identification, provide his or her name and address, and attest to a statement that the ballot is received solely for the benefit of a named elector who is hospitalized, and the agent will promptly transmit the ballot to such person.
6.86(3)(c)
(c) An application under this subsection by agent may be made in person at the office of the municipal clerk not earlier than 7 days before an election and not later than 5 p.m. on the day of the election. A list of hospitalized electors applying for ballots under this subsection shall be made by the municipal clerk and used to check that the electors vote only once, and by absentee ballot. The ballot shall be sealed by the elector and returned to the municipal clerk either by mail or by personal delivery of the agent; but if the ballot is returned on the day of the election, the agent shall make personal delivery at the polling place serving the hospitalized elector's residence before the closing hour for the ballot to be counted.
6.86(4)
(4) If a municipality employs an electronic voting system which utilizes a ballot that is inserted into automatic tabulating equipment, the municipality may distribute ballots for utilization with the electronic voting system as absentee ballots or it may distribute paper ballots as absentee ballots.
6.86(5)
(5) Whenever an elector returns a spoiled or damaged absentee ballot to the municipal clerk, or an elector's agent under
sub. (3) returns a spoiled or damaged ballot to the clerk on behalf of an elector, and the clerk believes that the ballot was issued to or on behalf of the elector who is returning it, the clerk shall issue a new ballot to the elector or elector's agent, and shall destroy the spoiled or damaged ballot. Any request for a replacement ballot under this subsection must be made within the applicable time limits under
subs. (1) and
(3) (c).
6.86 History
History: 1975 c. 85 ss.
37,
38,
65;
1975 c. 90,
199,
200,
275,
422;
1977 c. 394 ss.
14,
40,
41;
1979 c. 232,
311;
1981 c. 391;
1983 a. 183,
484;
1985 a. 304 ss.
69,
156;
1987 a. 391;
1995 a. 313.
6.865
6.865
Federal postcard request form. A federal postcard registration and absentee ballot request form may be used to apply for an absentee ballot under
s. 6.86 (1) if the form is completed in such manner that the municipal clerk or board of election commissioners with whom it is filed is able to determine all of the following:
6.865(1)
(1) That the applicant is an elector of this state and of the ward or election district where the elector seeks to vote.
6.865(2)
(2) That the applicant qualifies for an absentee ballot under
s. 6.85.
6.865 History
History: 1989 a. 192.
6.87
6.87
Absent voting procedure. 6.87(1)
(1) Upon proper request made within the period prescribed in
s. 6.86, the municipal clerk or a deputy clerk authorized by the municipal clerk shall write on the official ballot, in the space for official endorsement, the clerk's initials and official title.
6.87(2)
(2) The municipal clerk shall place the ballot in an unsealed envelope furnished by the clerk. The envelope shall have the name, official title and post-office address of the clerk upon its face. The other side of the envelope shall have a printed certificate-affidavit in substantially the following form:
[STATE OF ....
County of ....]
