5.15(2)(c)
(c) If the population of a block exceeds the maximum population for a ward otherwise specified in this subsection, such block shall be constituted a ward by itself, except that if the population of a block substantially exceeds the population of proposed aldermanic districts in a city so that, if the block were to constitute an aldermanic district, the populations of the aldermanic districts in the city would not be substantially equal, the city shall divide the block to permit assembly into wards that will enable creation of aldermanic districts that are substantially equal in population.
5.15(2)(cm)
(cm) Any division of blocks under this section shall be based on the best evidence available. In this paragraph, "best evidence" includes, but is not limited to, the population of the block and other information received from the U.S. bureau of the census and such data as number of housing units, utility connections and vehicle registrations or a special census conducted locally. For each ward so established, the population estimate shall be correlated with the results of the most recent federal decennial census, so that the total population reported for all wards in the municipality agrees with the census results.
5.15(2)(d)
(d) Every municipality shall make a good faith effort to accommodate the tentative plan submitted by the county or counties in which it is located under
s. 59.10 (2) (a) or
(3) (b) 1., and shall divide itself into wards in such a manner that will permit the creation of county supervisory districts in accordance with the population requirements for the plan specified in
s. 59.10 (2) (a) or
(3) (b) 1.
5.15(2)(e)
(e) Notwithstanding
par. (b), if territory is detached from a city, village or town after adoption of a decennial ward plan, and the remaining portion of the ward to which it was attached falls below the prescribed minimum population for the applicable range, the remaining portion of the population may be constituted a ward by itself.
5.15(2)(f)
(f) Notwithstanding
par. (b), any city, village or town may establish a ward below the prescribed minimum population for the applicable range whenever the proposed ward is established under
par. (a),
(d) or
(e) or whenever the proposed ward contains solely:
5.15(2)(f)1.
1. That part of a city or village situated in a county other than the county in which the major part of the municipality is located.
5.15(2)(f)2.
2. That part of a city, village or town belonging to a school district other than the school district to which the major part of the municipality belongs.
5.15(2)(f)3.
3. Island territory containing a resident population. In this subdivision, "island territory" means territory surrounded by water, or noncontiguous territory which is separated by the territory of another municipality or by water, or both, from the major part of the municipality to which it belongs.
5.15(2)(f)4.
4. New territory which becomes a part of a city, village or town after the adoption of a decennial ward plan.
5.15(2)(g)
(g) If a block is affected by an annexation or detachment which establishes a municipal boundary that subdivides the block, the municipalities in which the block is contained shall incorporate only the portion of the block contained within their boundaries in their ward plans.
5.15(4)(a)(a) The division ordinance or resolution shall number all wards in the municipality in whole numbers in consecutive order, beginning with the number one, shall designate the polling place for each ward, and shall describe the boundaries of each ward consistent with the conventions set forth in
s. 4.003. The ordinance or resolution shall be accompanied by a list of the block numbers used by the U.S. bureau of the census that are wholly or partly contained within each ward, with any block numbers partly contained within a ward identified, and a map of the municipality which illustrates the revised ward boundaries.
5.15(4)(b)
(b) Within 5 days after adoption or enactment of an ordinance or resolution under this section, the municipal clerk shall transmit one copy of the ordinance or resolution to the county clerk of each county in which the municipality is contained, accompanied by the list and map specified in
par. (a). If the population of the municipality exceeds 10,000, the municipal clerk shall furnish one copy to the legislative reference bureau at the same time. Each copy shall identify the name of the municipality and the county or counties in which it is located.
5.15(5)
(5) When a town is divided into wards, the annual town meeting and special town elections shall be held at the first ward.
5.15(6)(a)(a) Following any municipality-wide special federal census of population, the governing body of the municipality in which the special census was held may, by ordinance or resolution, adjust the ward boundaries, but no ward line adjustment may cross the boundary of an assembly district. The municipal clerk shall transmit copies of the ordinance or resolution in compliance with
sub. (4) (b).
5.15(6)(b)
(b) No later than 60 days before each September primary and general election, and no later than 30 days before each other election the governing body of any municipality may by resolution combine 2 or more wards for voting purposes to facilitate using a common polling place. Whenever wards are so combined, the original ward numbers shall continue to be utilized for all official purposes. Except as otherwise authorized under this paragraph, every municipality having a population of 50,000 or more, or 35,000 or more after June 1, 1996, shall maintain separate returns for each ward so combined. In municipalities having a population of less than 50,000, or less than 35,000 after June 1, 1996, the governing body may provide in the resolution that returns shall be maintained only for each group of combined wards at any election. In municipalities having a population as shown in the 1990 federal decennial census of at least 87,000 but not more than 150,000, the governing body may provide in a resolution adopted prior to June 1, 1996 that groups of not more than 2 wards shall use common ballot boxes and ballots or voting machines and that returns shall be maintained only for each group of combined wards at any election held prior to June 1, 1996. Whenever a governing body provides for common ballot boxes and ballots or voting machines, separate returns shall be maintained for each separate ballot required under
ss. 5.62 and
5.64 at the September primary and general election. The municipal clerk shall transmit a copy of the resolution to the county clerk of each county in which the municipality is contained. In municipalities having a population of less than 50,000, or less than 35,000 after June 1, 1996, the resolution shall remain in effect for each election until modified or rescinded, or until a new division is made under this section.
5.15(7)
(7) If a new town is created or if part of a town is annexed to a city or village during a decennial period after the period for ward adjustments under
sub. (1) (b), the town board of any town to which territory is attached or from which territory is detached, without regard to the time provisions of
sub. (1) (b), may, by ordinance or resolution, adjust the wards in that town, but no ward line adjustment may cross the boundary of an assembly district. The town clerk shall transmit copies of the ordinance or resolution making the adjustment in compliance with
sub. (4) (b).
5.15(8)
(8) Until divided, all elections are held in the established wards.
5.15 History
History: 1971 c. 304 ss.
3 to
5,
29 (2);
1977 c. 26,
418,
427,
449;
1979 c. 260;
1981 c. 4 ss.
2 to
10,
18;
1981 c. 314;
1983 a. 29,
192,
442;
1983 a. 484 ss.
8e,
174;
1983 a. 538;
1985 a. 304 ss.
8 to
10,
12;
1987 a. 391;
1991 a. 5,
143,
315;
1993 a. 213;
1995 a. 201.
5.15 Annotation
City and county apportionment discussed. City of Janesville v. Rock County, 107 W (2d) 187, 319 NW (2d) 891 (Ct. App. 1982).
5.15 Annotation
Court properly voided city's plan and adopted county's plan, even though county did not adopt plan within 60 days of receiving census data. County of La Crosse v. City of La Crosse, 108 W (2d) 560, 322 NW (2d) 531 (Ct. App. 1982).
5.18
5.18
Enforcement of division requirement. If any municipality fails to comply with
s. 5.15, the county in which the municipality is located or any elector of the municipality may submit to the circuit court for any county in which the municipality is located within 14 days from the expiration of the 60-day period under
s. 5.15 (1) (b) a proposed plan for the division of the municipality into wards in compliance with this section. If the circuit court finds that the existing division of the municipality into wards fails to comply with
s. 5.15, it shall review the plan submitted by the petitioner and after reasonable notice to the municipality may promulgate the plan, or any other plan in compliance with
s. 5.15, as a temporary ward plan for the municipality to remain in effect until superseded by a ward plan adopted by the governing body in compliance with
s. 5.15.
5.18 History
History: 1985 a. 304 ss.
9,
11,
12.
5.25
5.25
Polling places. 5.25(1)(1) All elections under
chs. 5 to
12 shall be held at the polling places provided in this section. So far as practicable, the places chosen shall be public buildings.
5.25(2)
(2) In cities over 500,000 population, polling shall be at the places established by the board of election commissioners. In all other cities and in villages and towns, polling shall be at the places established by the governing body.
5.25(3)
(3) Polling places shall be established for each September primary and general election at least 60 days before the election, and for each other election at least 30 days before the election.
5.25(4)(a)(a) Each polling place shall be accessible to elderly and handicapped individuals.
5.25(4)(b)
(b) The executive director of the board shall transmit a copy of each report concerning accessibility of polling places under
42 USC 1973ee-1 (c) (1) to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3).
5.25(4)(c)
(c) The board may exempt a polling place from the requirement of
par. (a) in accordance with guidelines prescribed by rule of the board.
5.25(5)(a)(a) Except as authorized in
par. (b), all electors within a ward shall vote at the same polling place.
5.25(5)(b)
(b) The municipal clerk or board of election commissioners of a municipality in which an elderly or handicapped elector resides may reassign the elector to a polling place within the municipality other than the polling place serving the elector's residence in order to permit the elector to utilize a polling place that is accessible to elderly or handicapped individuals.
5.25(5)(c)
(c) The electors of more than one ward in the same municipality may vote at a single polling place.
5.35
5.35
Polling place requirements. 5.35(1)
(1)
National flag. On election days, every polling place shall properly display the national flag during all hours the polls are open.
5.35(2)
(2) Voting booths. There shall be one voting booth for every 200 electors who voted at the last general election. The booths shall have a surface on which to write or work and be sufficiently enclosed to assure privacy for the elector and anyone lawfully assisting the elector while marking or punching the elector's ballot.
5.35(3)
(3) Ballot boxes. Where the voting procedure makes it necessary, there shall be a separate ballot box for each form of ballot at each polling place. There shall be a suitable lock and key for each, and an opening no larger than is sufficient to receive a single ballot or a single folded ballot if the box is used for deposit of paper ballots. If the electors of more than one ward use the same polling place, there shall be separate ballot boxes provided for the electors of each ward, unless combined ballot boxes are authorized in accordance with
s. 5.15 (6) (b).
5.35(4)
(4) Layout; organization. All voting booths and machines shall be placed apart from other activities in the polling place, with their exteriors in full view of the election officials. Only the proper election officials, observers, persons assisting voters under
s. 6.82 (2) and electors receiving, preparing or depositing their ballots or casting their votes on the machines are permitted in the voting area. Except where assistance is authorized, only one elector at a time is permitted in a voting booth or machine.
5.35(5)
(5) Activities restricted. No polling place may be situated so as to interfere with or distract election officials from carrying out their duties. The municipal clerk and election inspectors shall prevent interference with and distraction of electors at polling places.
5.35(6)(a)(a) At each polling place in the state, the municipal clerk or board of election commissioners shall post the following materials, positioned so that they may be readily observed by electors entering the polling place or waiting in line to vote:
5.35(6)(a)1.
1. The relevant portions of the voting instructions in the type B notice for the election as specified in
s. 10.02 (3) and, for each referendum on the ballot, the text of the type C notice specified in
s. 10.01 (2) (c).
5.35(6)(a)2.
2. A copy of the election fraud laws provided in
s. 12.13 (1) and
(3) (intro),
(d),
(f),
(g),
(k),
(L),
(o),
(q),
(r),
(u),
(v) and
(x), together with the applicable penalties provided in
s. 12.60 (1).
5.35(6)(a)4.
4. At each presidential election where an electronic voting system or voting machines are used, a notice advising electors who wish to vote for all the candidates of one recognized political party that they must cast a separate ballot for the offices of president and vice president.
5.35(6)(a)5.
5. Any other voting information directed to be posted by the board.
5.35(6)(b)
(b) At each polling place in the state where an electronic voting system is utilized at a partisan primary election incorporating a ballot upon which electors may mark or punch votes for candidates of more than one recognized political party or for candidates of a recognized political party and independent candidates, the municipal clerk or board of election commissioners shall prominently post a sign in the form prescribed by the board warning electors in substance that on any ballot with votes cast for candidates of more than one recognized political party or any ballot with votes cast for candidates of a recognized political party and independent candidates, no votes cast for any candidates for partisan office will be counted unless a preference for a party or for the independent candidates is made. If the elector designates a preference, only votes cast for candidates of that preference will be counted.
5.37
5.37
Voting machine requirements. 5.37(1)
(1) Voting machines shall give every elector a reasonable opportunity to vote for any person for any office and on any proposition the elector is entitled to vote on, assure privacy to the elector so no one will know how the elector is voting or has voted, preclude the electors from voting for persons or propositions upon which they are not entitled to vote and from voting more than once for the same office or on the same proposition. Voting machines shall be constructed to lock so they cannot be manipulated, tampered with, or show the number of votes registered for any candidate or proposition while voting is in progress. The machines shall provide a method for electors to vote a straight party ticket, shall permit voting a split ticket and shall record each vote cast.
5.37(2)
(2) When 2 or more wards or aldermanic districts are joined to use a voting machine, under
s. 5.15 (6) (b), the machine shall be constructed to allow the electors to vote for all nominated candidates and issues for their aldermanic district or ward, but for no other.
5.37(3)
(3) For presidential electors one device shall be provided to vote for all of one party's electoral candidates at the same time. The device shall be opposite or adjacent to the ballot containing the names of the party's candidates for president and vice president.
5.37(4)
(4) Voting machines may be used at primary elections when they comply with
subs. (1) and
(2) and the following provisions: All candidates' names entitled to appear on the ballots at the primary shall appear on the machine; the elector cannot vote for candidates of more than one party, whenever the restriction applies, and an elector who votes for candidates of any party may not vote for independent candidates at the September primary; the elector may secretly select the party for which he or she wishes to vote, or the independent candidates in the case of the September primary; the elector may vote for as many candidates for each office as he or she is lawfully entitled to vote for, but no more.
5.37(5)
(5) Polling places may have more than one voting machine.
5.37 Annotation
State action in presidential candidate selection. 1976 WLR 1269.
5.40
5.40
Use of voting machines or systems. 5.40(1)
(1) Except as permitted in
sub. (3) or as required in
subs. (4) to
(6), the governing body or board of election commissioners of every municipality with a population of 10,000 or more before July 1, 1995, or of 7,500 or more thereafter shall require the use of voting machines or electronic voting systems in every ward in the municipality at every election. Any other governing body or board of election commissioners may adopt and purchase voting machines or electronic voting systems for use in any ward in the municipality at any election.
5.40(2)
(2) Only voting machines complying with
s. 5.37 or electronic voting systems approved under
s. 5.91 may be used in an election in this state.
5.40(3)
(3) Notwithstanding
sub. (1), any municipality may elect to utilize paper ballots and voting booths instead of voting machines or an electronic voting system:
5.40(3)(a)
(a) For any territory which is included in a portion of a congressional district, legislative district, county supervisory district, school district, technical college district, sewerage district or sanitary district contained within the municipality for so long as the number of electors residing in the territory does not exceed 100.
5.40(3)(b)
(b) Whenever the municipality is precluded under
s. 7.23 (2) from clearing the recorders on a sufficient number of voting machines to serve the electors at the election.
5.40(3)(d)
(d) Whenever the municipal clerk or board of election commissioners reassigns an elector to a polling place other than the one serving the elector's residence under
s. 5.25 (5) (b).
5.40(4)
(4) Notwithstanding
sub. (1), a municipality which utilizes voting machines at a polling place shall not utilize a voting machine to receive the ballot of an elector who receives assistance under
s. 6.82 (1) (a) or whose vote is challenged under
ss. 6.92 to
6.94.
5.40(5)
(5) A municipality which utilizes voting machines at a polling place shall not utilize the machines to receive the vote of an elector who declares to the chief inspector that, due to physical disability, the elector is unable to depress a button or lever on a machine.
5.40(5m)
(5m) Notwithstanding
sub. (1), the governing body of a municipality which uses voting machines or an electronic voting system may petition the board for permission to use paper ballots and voting booths for a specific election, and the board may grant such a request.
5.40(6)
(6) A municipality which utilizes voting machines or an electronic voting system at a polling place may permit use of the machines or system by electors voting under
s. 6.15 only as authorized under
s. 6.15 (3) (b).
5.40(7)
(7) Whenever a municipality adopts and purchases voting machines or an electronic voting system, or adopts and purchases a different type of voting machine or electronic voting system from the type it was previously using, the municipal clerk or executive director of the municipal board of election commissioners shall promptly notify the county clerk or executive director of the county board of election commissioners and the executive director of the elections board in writing.
BALLOT FORM
5.51
5.51
General provisions. 5.51(1)(1) The type face used on all paper ballots shall be easy to read, and the type size may be no smaller than 8 point.
5.51(2)
(2) The paper used for ballots shall be 35 pounds per ream for sheets 24 inches by 36 inches. If a different size sheet is used, the weight per ream shall be proportioned accordingly, but shall meet this standard. This subsection does not apply to ballots used with electronic voting systems.
5.51(3)
(3) All paper ballots shall be of sufficient width and length to provide space for all matter required to be printed on them. Except on ballots used with electronic voting systems, all ballot columns shall be separated by lines at least one-eighth inch in width.
5.51(4)
(4) No stickers may be placed on a ballot by election officials except under
s. 7.37 (6). Any other stickers applied by them shall not be counted.
5.51(5)
(5) Each official ballot shall be printed on paper of uniform color. Different colors shall be used to distinguish office and referendum ballots and different colors may be used to distinguish separate ballots for different offices. Sample ballots shall be printed on a different color paper than the official ballots, and need not have the endorsement and certificate.
5.51(6)
(6) All candidates' names for the same office shall be placed, projected or composed on the ballot in the same size, style and color of type. The style and size of type shall conform substantially to the official ballot forms prescribed by the board under
s. 7.08 (1) (a).
5.51(7)
(7) In partisan primary elections, all ballots shall be of uniform color and size, and the same type of paper shall be used for all ballots.
5.52
5.52
Multi-candidate elections. If more than one individual is to be elected to the same office from the same jurisdiction or district, the ballot shall provide at the top of the column or to the right of the row for that office: "Vote for not more than .... candidates.".
5.52 History
History: 1985 a. 304.
5.53
5.53
Voting machine ballots. 5.53(1)
(1) Voting machine ballots shall be placed, projected or composed on a board or screen inside the machine, under
s. 5.64 and may be arranged in either columns or rows. The type face shall be easy to read, and the type size may be no smaller than 8 point.
