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 or punch 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 indorse 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 or punch 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 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 indorsed 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 blank 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 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.
....(Municipal Clerk)
....(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:
6.22(1)(a)
(a) "Member of the merchant marine" means an individual, other than a member of a uniformed service or an individual employed, enrolled or maintained on the Great Lakes or the inland waterways, who is any of the following:
6.22(1)(a)1.
1. Employed as an officer or crew member of a vessel documented under the laws of the United States, or a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States.
6.22(1)(a)2.
2. Enrolled with the United States for employment or training for employment, or maintained by the United States for emergency relief service, as an officer or crew member of any such vessel.
6.22(1)(b)
(b) "Military elector" means any of the following:
6.22(1)(b)2.
2. Members of the merchant marine of the United States.
6.22(1)(b)3.
3. Civilian employees of the United States and civilians officially attached to a uniformed service who are serving outside the United States.
6.22(1)(b)5.
5. Spouses and dependents of those listed in the above categories residing with or accompanying them.
6.22(1)(c)
(c) "Uniformed service" means the U.S. army, navy, air force, marine corps or coast guard, the commissioned corps of the federal public health service or the commissioned corps of the national oceanic and atmospheric administration.
6.22(2)
(2) Application and voting procedure. 6.22(2)(a)(a) A military elector shall vote in the ward or election district for the address of his or her residence prior to becoming a military elector, except that:
6.22(2)(a)1.
1. A military elector voting in this state who is the spouse of another military elector and who did not maintain a residence in this state prior to becoming a military elector shall vote in the ward or election district for the address of his or her spouse.
6.22(2)(a)2.
2. A military elector voting in this state who is the dependent of another military elector and who did not maintain a residence in this state prior to becoming a military elector shall vote in the ward or election district for the address of the individual providing his or her support.
6.22(2)(a)3.
3. A military elector who is the spouse of another military elector and whose most recent residence in this state was different than the residence of his or her spouse prior to becoming a military elector may vote in the ward or election district for the address of his or her former residence or the ward or election district for the address of his or her spouse.
6.22(2)(a)4.
4. A military elector who is the dependent of another military elector and whose most recent residence in this state was different than the residence of the individual providing his or her support prior to becoming a military elector may vote in the ward or election district for the address of his or her former residence or the ward or election district for the address of the individual providing his or her support.
6.22(2)(b)
(b) Notwithstanding
s. 6.87 (4), a military elector shall make and subscribe to the certification under
s. 6.87 (2) before a witness who is an adult U.S. citizen.
6.22(2)(c)
(c) A federal postcard registration and absentee ballot request form may be used to apply for an absentee ballot under this section if the form is completed in such a manner that the municipal clerk or board of election commissioners with whom it is filed is able to determine all of the following:
6.22(2)(c)1.
1. That the applicant is qualified to vote in the ward or election district where he or she seeks to vote under
par. (a).
6.22(2)(c)2.
2. That the applicant qualifies to receive an absentee ballot under this section.
6.22(2)(d)
(d) If an applicant uses a federal form under
par. (c) to request an absentee ballot for all elections, the application shall so state.
6.22(3)
(3) Registration exempt. Military electors are not required to register as a prerequisite to voting in any election.
6.22(4)
(4) Instructions and handling. An individual who qualifies as a military elector may request an absentee ballot for any election, or for all elections until the individual otherwise requests or until the individual no longer qualifies as a military elector. A military elector's application may be received at any time. The municipal clerk shall not send a ballot for an election if the application is received later than 5 p.m. on the Friday preceding that election. The municipal clerk shall send a ballot, as soon as available, to each military elector who requests a ballot. The board shall prescribe the instructions for marking or punching and returning ballots and the municipal clerk shall enclose instructions with each ballot and shall also enclose supplemental instructions for local elections. The envelope, return envelope and instructions may not contain the name of any candidate appearing on the enclosed ballots other than that of the municipal clerk affixed in the fulfillment of his or her duties. Whenever the material is mailed, the material shall be prepared and mailed to make use of the federal free postage laws. The mailing list established under this subsection shall be kept current in the same manner as provided in
s. 6.86 (2) (b).
6.22(5)
(5) Voting procedure. Except as authorized in
s. 6.25, the ballot shall be marked or punched and returned, deposited and recorded in the same manner as other absentee ballots. In addition, the certification under
s. 6.87 (2) shall have a statement of the elector's birth date. Failure to return any unused ballots in a primary election does not invalidate the ballot on which the elector casts his or her votes.
6.22(6)
(6) Military elector list. Each municipal clerk shall keep an up-to-date list of all eligible local military electors; city clerks shall keep the lists by wards. The list shall contain the name, latest-known military residence and military mailing address of each military elector. All persons over 18 years of age or who will be 18 years old prior to an election shall be listed and remain on the list for the duration of their tour of duty. The list shall be kept current through all possible means. Each clerk shall exercise reasonable care to avoid duplication of names or listing anyone who is not eligible to vote. Each clerk shall distribute 2 copies of the list to the appropriate ward in the municipality for use on election day.
6.22(7)
(7) Extension of privilege. This section applies to all military electors for 10 days after the date of discharge from a uniformed service or termination of services or employment of individuals specified in
sub. (1) (b) 1. to
4.
6.24
6.24
Federal overseas voting. 6.24(1)
(1)
Definition. In this section, "overseas elector" means a citizen not disqualified from voting under
s. 6.03 who has or will attain the age of 18 by the date of an election who does not qualify as a resident of this state under
s. 6.10, but who was last domiciled in this state immediately prior to departure from the United States, and is not registered to vote or voting in any other state, territory or possession.
Effective date note
NOTE: Sub. (1) is amended eff. 1-1-01, by
1999 Wis. Act 182 to read as follows if in the November 2000 general election, a majority of all votes cast on the question at the election approve the changes made to subs. (1) to (3) made by Act 182, ss. 68 and 70; otherwise the amendment to sub. (1), as shown below, does not take effect.
