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)
6.20
6.20
Absent electors. Any qualified elector of this state who registers may vote by absentee ballot under
ss. 6.84 to
6.89.
6.20 History
History: 1985 a. 304;
2003 a. 265.
6.21
6.21
Deceased electors. When by due proof it appears to the inspectors or, in municipalities where absentee ballots are canvassed under
s. 7.52, when by due proof it appears to the board of absentee ballot canvassers that a person casting an absentee ballot at an election has died before the date of the election, the inspectors or board of absentee ballot canvassers 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;
2005 a. 451.
6.22
6.22
Absentee voting for military electors. 6.22(1)
(1)
Definitions. In this section, except as otherwise provided:
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) 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. 6.22(4)(a)(a) A request for an absentee ballot by an individual who qualifies as a military elector shall be treated as a request for an absentee ballot for all elections. Upon receiving a timely request for an absentee ballot under
par. (b) by an individual who qualifies as a military elector, the municipal clerk shall send or transmit to the elector an absentee ballot for all elections that occur in the municipality or portion thereof where the elector resides beginning on the date that the clerk receives the request.
6.22(4)(b)
(b) 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.
6.22(4)(c)
(c) A military elector may indicate an alternate address on his or her absentee ballot application. If the elector's ballot is returned as undeliverable prior to the deadline for return of absentee ballots under
s. 6.87 (6), and the elector remains eligible to receive absentee ballots under this section, the municipal clerk shall immediately send or transmit an absentee ballot to the elector at the alternate address.
6.22(4)(d)
(d) The board shall prescribe the instructions for marking 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.
6.22(4)(e)
(e) Whenever the material is mailed, the material shall be prepared and mailed to make use of the federal free postage laws. If the material does not qualify for mailing without postage under federal free postage laws, the municipal clerk shall pay the postage required for mailing to the military elector. If the return envelope qualifies for mailing free of postage under federal free postage laws, the clerk shall affix the appropriate legend required by U.S. postal regulations. Otherwise the municipal clerk shall pay the postage required for return when the ballot is mailed from within the United States. If the ballot is not mailed by the military elector from within the United States the military elector shall provide return postage. 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(4)(f)
(f) If there occur 2 successive general elections at which a military elector fails to return an absentee ballot sent or transmitted to the elector under
par. (a) and the elector has not cast an absentee ballot at any intervening election, if the municipal clerk is reliably informed that the elector is no longer a military elector or no longer resides in the municipality, or if the elector so requests, the clerk shall discontinue sending or transmitting absentee ballots to the elector under this subsection. If a military elector who has requested an absentee ballot changes his or her residence from the municipality where a request is filed to another municipality in this state, the municipal clerk of the municipality who received the request shall notify the clerk of the municipality to which the elector's residence is changed of the date of the request or the latest renewal under
par. (g) and the date of the most recent absentee ballot received by the clerk. The municipal clerk who is so notified shall treat the request as having been made to him or her.
6.22(4)(g)
(g) Prior to any discontinuance of the service provided to a military elector under this subsection solely for failure to return absentee ballots, the municipal clerk shall mail the elector a 1st class letter or postcard notifying the elector that an absentee ballot will no longer be sent to the elector unless the elector renews his or her request within 30 days of the date of the notification.
6.22(4)(h)
(h) The municipal clerk shall notify a military elector of any action under
par. (f) that is not taken at the elector's request within 5 days of taking that action, if possible.
6.22(5)
(5) Voting procedure. Except as provided in
s. 6.221 and as authorized in
s. 6.25, the ballot shall be marked 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 military electors who reside in the municipality; 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. The list shall indicate whether each elector whose name appears on the list is a military elector, as defined in
s. 6.36 (2) (c), and has so certified under
s. 6.865 (3m). 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.
6.221
6.221
Counting of absentee ballots for certain military electors; September primary and general election. 6.221(1)(1) In this section, "military elector" has the meaning given in
s. 6.36 (2) (c) and active duty status for any election is determined as of election day.
6.221(2)
(2) Each certificate envelope that is mailed or transmitted to a military elector under this section shall be clearly labeled as "Cast by a military elector under
s. 6.221, Wis. Stats., and may be eligible to be counted after election day."
6.221(3)(a)(a) At the September primary, a ballot that is cast under
s. 6.22 by an elector who is a military elector, that is received by mail from the U. S. postal service, and that is postmarked no later than election day shall be counted as provided in this section if it is received by a municipal clerk no later than 5 p.m. on the 7th day after the election.
6.221(3)(b)
(b) At the general election, a ballot that is cast under
s. 6.22 by an elector who is a military elector, that is received by mail from the U.S. postal service, and that is postmarked no later than election day shall be counted as provided in this section if it is received by a municipal clerk no later than 5 p.m. on the 10th day after the election.
6.221(4)
(4) For purposes of
sub. (3), if a certificate envelope is not postmarked or has a postmark that is not legible to the board of canvassers, and the envelope was received by mail from the U.S. postal service in the manner and within the period prescribed in
sub. (3), it is presumed that the envelope was placed in the mail on or before election day, unless established by a preponderance of the evidence to the contrary.
6.221(5)
(5) No later than the closing hour of the polls on the day of the September primary and the day of the general election, the municipal clerk of each municipality shall post at his or her office and on the Internet at a site announced by the clerk before the polls open, and shall make available to any person upon request, a statement of the number of absentee ballots that the clerk has mailed or transmitted to military electors under this section and that have not been returned to the polling places where the electors reside by the closing hour on election day. The posting shall not include the names or addresses of any military electors.
6.221(6)(a)(a) Whenever the municipal clerk of any municipality receives an absentee ballot cast by an elector who is a military elector under this section and the ballot is not received in sufficient time for delivery to the polling place serving the residence of the elector on election day but is received within the time specified in
sub. (3), the clerk shall promptly provide written notice to the board of canvassers of each municipality, special purpose district, and county that is responsible for canvassing the election of the number of such ballots that have been cast received by the clerk in each ward or election district.
6.221(6)(b)
(b) Whenever a board of canvassers receives notification from a municipal clerk under
par. (a), the board of canvassers shall reconvene no later than 9 a.m. on the day after the last day permitted for acceptance of absentee ballots under
sub. (3) and shall proceed to open and record the names of the military electors whose ballots have been received. If the ballot cast by a military elector is otherwise valid, the board of canvassers shall count the ballot and adjust the statements, certifications, and determinations accordingly. If the municipal clerk transmits returns of the election to the county clerk, the municipal clerk shall transmit to the county clerk a copy of the amended returns together with all additional ballots and envelopes reviewed by the board of canvassers and with amended tally sheets.
6.221 History
History: 2005 a. 451.
6.24
6.24
Federal overseas voting. 6.24(1)
(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 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. The overseas elector shall register in the municipality where he or she was last domiciled or where the overseas elector's parent was last domiciled 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 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), 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). 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. 5.58 (2r),
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 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 in
s. 6.87 (3), the municipal clerk shall mail the material, with sufficient postage to ensure that the elector receives the ballot, unless the material qualifies for mailing free of postage under federal free postage laws. If the return envelope qualifies for mailing free of postage under federal free postage laws, the clerk shall affix the appropriate legend required by U.S. postal regulations. Otherwise, the municipal clerk shall pay the postage required for return when the ballot is mailed from within the United States. If the ballot is not mailed by the overseas elector from within the United States, 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 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.
6.25
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
6.26
Special registration deputies. 6.26(1)
(1) 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).
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 of the municipality 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.
