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.
Effective date text
(1) Definition. In this section, "overseas elector" means a U.S. citizen who is not disqualified from voting under s. 6.03, who has attained or will attain the age of 18 by the date of an election at which the citizen proposes to vote and who does not qualify as a resident of this state under s. 6.10, but who was last domiciled in this state or whose parent was last domiciled in this state immediately prior to the parent's departure from the United States, and who is not registered to vote or voting in any other state, territory or possession.
6.24(2)
(2) Eligibility. An overseas elector under
sub. (1) may vote in any election for national office, including the September primary and presidential preference primary and any special primary or election. Such elector may not vote in an election for state or local office. An overseas elector shall vote in the ward or election district in which he or she was last domiciled prior to departure from the United States.
Effective date note
NOTE: Sub. (2) 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. (2), as shown below, does not take effect.
Effective date text
(2) Eligibility. An overseas elector under sub. (1) may vote in any election for national office, including the September primary and presidential preference primary and any special primary or election. Such elector may not vote in an election for state or local office. An overseas elector shall vote in the ward or election district in which the elector was last domiciled or in which the elector's parent was last domiciled prior to departure from the United States.
6.24(3)
(3) Registration. If registration is required in the municipality where the overseas elector resides, the elector shall register on a form prescribed by the board designed to ascertain the elector's qualifications under this section. The form shall be substantially similar to the original form under
s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with
s. 6.30 (4).
Effective date note
NOTE: Sub. (3) 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. (3), as shown below, does not take effect.
Effective date text
(3) Registration. If registration is required in the municipality where the overseas elector resided or where the elector's parent resided, the elector shall register on a form prescribed by the board designed to ascertain the elector's qualifications under this section. The form shall be substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (4).
6.24(4)(a)(a) An overseas elector who is properly registered where registration is required may request an absentee ballot in writing under
ss. 6.86 to
6.89.
6.24(4)(b)
(b) A federal postcard registration and absentee ballot request form may be used to apply for an absentee ballot under
par. (a) 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:
6.24(4)(b)2.
2. That the applicant qualifies to vote in the ward or election district where he or she seeks to vote under
sub. (2).
6.24(4)(c)
(c) Upon receipt of a timely application from an individual who qualifies as an overseas elector and who has registered to vote in a municipality under
sub. (3) whenever registration is required in that municipality, the municipal clerk of the municipality shall send an absentee ballot to the individual for all subsequent elections for national office to be held during the year in which the ballot is requested, unless the individual otherwise requests or until the individual no longer qualifies as an overseas elector.
6.24(4)(d)
(d) An overseas elector who is not registered may request both a registration form and an absentee ballot at the same time, and the municipal clerk shall send the ballot automatically if the registration form is received within the time prescribed in
s. 6.28 (1). The board shall prescribe a special certificate form for the envelope in which the absentee ballot for overseas electors is contained, which shall be substantially similar to that provided under
s. 6.87 (2). Notwithstanding
s. 6.87 (4), an overseas elector shall make and subscribe to the special certificate form before a witness who is an adult U.S. citizen.
6.24(5)
(5) Ballots. The board shall prescribe a special ballot for use under this section whenever necessary. Official ballots prescribed for use in the presidential preference primary may also be used. The ballot shall be designed to comply with the requirements prescribed under
ss. 5.60 (8),
5.62 and
5.64 (1) insofar as applicable. All ballots shall be limited to national offices only.
6.24(6)
(6) Instructions and handling. The municipal clerk shall send a ballot, as soon as available, to each overseas elector by whom a request has been made. The board shall prescribe the instructions for marking or punching and returning ballots and the municipal clerk shall enclose such instructions with each ballot. 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. Except as authorized under
s. 6.87 (3) (d), the municipal clerk shall mail the material postage prepaid to any place in the world. The overseas elector shall provide return postage.
6.24(7)
(7) Voting procedure. Except as authorized under
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 certificate shall have a statement of the elector's birth date. Failure to return the unused ballots in a primary election does not invalidate the ballot on which the elector casts his or her votes.
6.24(8)
(8) Overseas elector list. Each municipal clerk where registration is not required shall keep an up-to-date list of all eligible local overseas electors; city clerks shall keep the lists by wards. The list shall contain the name, latest-known residence and mailing address of each overseas elector. 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 polling places in the municipality for use on election day.
6.25
6.25
Write-in absentee ballot. 6.25(1)
(1) Any individual who qualifies as a military elector under
s. 6.22 (1) (b) or an overseas elector under
s. 6.24 (1) and who transmits an application for an official absentee ballot for a general election no later than 30 days before election day may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under
42 USC 1973ff-2 for any candidate or for all of the candidates of any recognized political party for national office listed on the official ballot at the general election if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the time prescribed in
s. 6.87 (6).
6.25(2)
(2) Any individual who qualifies as a military elector under
s. 6.22 (1) (b) and who transmits an application for an official absentee ballot for any election no later than 30 days before election day may, in lieu of the official ballot, cast a write-in absentee ballot for any candidate or for all of the candidates of any recognized political party listed on the official ballot at the election if the write-in absentee ballot is received by the appropriate municipal clerk no later than the time prescribed in
s. 6.87 (6). The ballot shall contain the information required under
s. 5.55 whenever applicable and on the face shall indicate the type and date of election and shall list the offices to be filled and the number of votes that each elector may cast for each office. The ballot shall include a number of spaces under each office equal to the number of votes permitted to be cast for that office for the elector to write in the names of candidates.
6.25(3)
(3) Any individual who qualifies as an overseas elector under
s. 6.24 (1) and who transmits an application for an official absentee ballot for any election no later than 30 days before election day may, at any election for national office in lieu of the official ballot, cast a write-in absentee ballot for any candidate for national office or for all of the candidates of any recognized political party for national office listed on the official ballot at the election if the write-in absentee ballot is received by the appropriate municipal clerk no later than the time prescribed in
s. 6.87 (6). The ballot shall contain the information required under
s. 5.55 whenever applicable and on the face shall indicate the type and date of election and shall list the offices to be filled. The ballot shall include a space under each office for the elector to write in the name of a candidate.
6.25(4)
(4) A write-in absentee ballot issued under
sub. (1),
(2) or
(3) is valid only if all of the following apply:
6.25(4)(a)
(a) The ballot is submitted from a location outside the United States.
6.25(4)(b)
(b) The elector submitting the ballot does not submit an official ballot within the time prescribed in
s. 6.87 (6).
6.25 History
History: 1987 a. 391;
1989 a. 192.
REGISTRATION
6.26(1)(1) Where registration is applicable under
s. 6.27, the municipal clerk or the board of election commissioners of each municipality shall administer elector registration within the municipality in accordance with the procedures prescribed under
sub. (3). The clerk or board of election commissioners shall prepare and maintain the registration list under this chapter.
6.26(2)(a)(a) A qualified elector of the state may apply to any municipal clerk or board of election commissioners to be appointed as a special registration deputy for the purpose of registering electors prior to the close of registration. An applicant may be appointed by more than one municipal clerk or board of election commissioners to serve more than one municipality.
6.26(2)(b)
(b) The municipal clerk or board of election commissioners may appoint an applicant who qualifies under this subsection, unless the applicant's appointment has been revoked by a municipality for cause. A municipal clerk or board of election commissioners may revoke an appointment for cause at any time.
6.26(2)(c)
(c) No individual may serve as a special registration deputy in a municipality unless the individual is appointed by the municipal clerk or board of election commissioners of the municipality.
6.26(3)
(3) The board shall, by rule, prescribe procedures for appointment of special registration deputies, for revocation of appointments of special registration deputies, and for training of special registration deputies by municipal clerks and boards of election commissioners. The procedures shall be formulated to promote increased registration of electors consistent with the needs of municipal clerks and boards of election commissioners to efficiently administer the registration process.
6.27
6.27
Where elector registration required. 6.27(1)
(1) Every municipality over 5,000 population shall keep a registration list consisting of all currently registered electors. Where used, registration applies to all elections.
6.27(2)
(2) By ordinance, the governing body in municipalities with less than 5,000 population may require registration.
6.27(3)
(3) Any municipality with less than 5,000 population and any municipality where a federal census has not yet determined the population may have registration by a referendum vote. The vote may be taken at the spring or general election whenever, at least 60 days before the election, the electors file with the municipal clerk a petition requesting a referendum asking whether registration shall be required. The petition shall conform to the requirements of
s. 8.40 and be signed by electors at least equal to 15% of the votes cast for governor in the municipality in the last general election.
6.27(4)(a)(a) When registration is ordered or directed under
sub. (2) or
(3), it may be abolished by a referendum vote. The vote may be taken at the spring or general election whenever, at least 60 days before the election, the electors file a petition conforming to the requirements of
s. 8.40 with the clerk requesting a referendum. The petition shall be signed by electors at least equal to 15% of the votes cast for governor in the municipality in the last general election.
6.27(4)(b)
(b) Notice shall be given as for municipal elections.
6.27(5)
(5) Whenever registration is established or abolished, under
sub. (2),
(3) or
(4), the municipal clerk shall immediately certify the action to the county clerk and the board.
