6.46 History
History: 1975 c. 85,
199;
1999 a. 49.
6.46 Cross-reference
Cross Reference: See also s.
GAB 3.50, Wis. adm. code.
6.47
6.47
Confidentiality of information relating to victims of domestic abuse, sexual assault, or stalking. 6.47(1)(ag)
(ag) "Domestic abuse victim service provider" means an organization that is certified by the department of children and families as eligible to receive grants under
s. 49.165 (2) and whose name is included on the list provided by the board under
s. 7.08 (10).
6.47(1)(am)1.
1. An individual who has been granted a protective order that is in effect.
6.47(1)(am)2.
2. An individual who files an affidavit with the municipal clerk of the municipality where the individual resides, on a form prescribed by the board, that is signed by a sheriff, the chief of a police department, or a district attorney or the authorized representative of a sheriff, chief, or district attorney and directed to the municipal clerk, and that verifies that a person has been charged with or convicted of an offense relating to domestic abuse, sexual assault, or stalking in which the individual was a victim and reasonably continues to be threatened by that person.
6.47(1)(am)4.
4. An individual who submits a dated statement to the municipal clerk that includes the individual's full name, that is signed by an authorized representative of a domestic abuse victim service provider or a sexual assault victim service provider, and that indicates that the individual received services from the provider within the 24-month period ending on the date of the statement.
6.47(1)(b)
(b) "Offense relating to domestic abuse, sexual assault, or stalking" means an offense specified in
s. 940.19,
940.20 (1m),
940.201,
940.22,
940.225,
940.32,
947.013,
948.02,
948.025,
948.06,
948.085,
948.09, or
948.095.
6.47 Note
NOTE: Par. (b) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
6.47(1)(c)
(c) "Protected individual" means an individual whose name and address is confidential under
sub. (2).
6.47(1)(d)
(d) "Protective order" means a temporary restraining order or an injunction issued under
s. 813.12 or
813.125.
6.47(1)(dm)
(dm) "Sexual assault victim service provider" means an organization that is certified by the department of justice as eligible to receive grants under
s. 165.93 (2) and whose name is included on the list provided by the board under
s. 7.08 (10).
6.47(1)(e)
(e) "Shelter" means a place where at least 4 unrelated individuals reside that provides residential shelter to individuals whose personal security is or may be threatened by family members or other persons with whom the individuals have had contact.
6.47(2)
(2) Except as authorized in
sub. (8), the board, each municipal clerk, each agent designated under
s. 6.33 (5) (b), and each election official shall withhold from public inspection under
s. 19.35 (1) the name and address of any eligible individual whose name appears on a poll list or registration list if the individual provides the municipal clerk with a valid written request to protect the individual's confidentiality. To be valid, a request under this subsection must be accompanied by a copy of a protective order that is in effect, an affidavit under
sub. (1) (am) 2. that is dated within 30 days of the date of the request, a statement signed by the operator or an authorized agent of the operator of a shelter that is dated within 30 days of the date of the request and that indicates that the operator operates the shelter and that the individual making the request resides in the shelter, or a statement signed by an authorized representative of a domestic abuse victim service provider or a sexual assault victim service provider under
sub. (1) (am) 4. that is dated within 30 days of the date of the request. A physically disabled individual who appears personally at the office of the municipal clerk accompanied by another elector of this state may designate that elector to make a request under this subsection on his or her behalf.
6.47(3)
(3) Upon receiving a valid written request from an elector under
sub. (2), the municipal clerk shall issue to the elector a voting identification card on a form prescribed by the board that shall contain the name of the elector's municipality of residence and, in the case of a town, the county in which the town is located, the elector's name, the ward in which the elector resides, if any, and a unique identification serial number issued by the board. The number issued to an elector under this subsection shall not be changed for so long as the elector continues to qualify for a listing under
sub. (2).
6.47(4)
(4) Except as provided in
sub. (5), a confidential listing under
sub. (2) expires on the date that a protective order expires, the date that the protected individual ceases to reside in a shelter, the date that updated information is received from a sheriff, the chief of a police department, or a district attorney or the authorized representative of a sheriff, chief, or district attorney, or at the end of the 24-month period that follows creation or renewal of the listing under
sub. (2), whichever is earlier.
6.47(5)(a)(a) The municipal clerk shall cancel a confidential listing under
sub. (2) if:
6.47(5)(a)1.
1. The clerk receives notification from a sheriff, chief of police, or district attorney or the authorized representative of a sheriff, chief, or district attorney under
sub. (10).
6.47(5)(a)2.
2. The name of the protected individual is legally changed.
6.47(5)(a)3.
3. The protected individual changes his or her address without notifying the municipal clerk.
6.47(5)(a)4.
4. The municipal clerk finds that the protected individual provided false information to the clerk for the purpose of obtaining a confidential listing under
sub. (2).
6.47(5)(b)
(b) An individual whose confidential listing is canceled under
par. (a) may file a new request and qualify under
sub. (2) to obtain a renewal of the listing.
6.47(6)
(6) Upon expiration of a confidential listing on a registration list under
sub. (2), the municipal clerk shall change the registration of the protected individual to ineligible status unless the individual files a new request and qualifies under
sub. (2) to obtain a renewal of the listing or unless the individual applies for and qualifies to obtain a nonconfidential voter registration. Except as authorized in
sub. (8), the municipal clerk shall withhold from public inspection under
s. 19.35 (1) the name and address of any individual whose registration is changed under this subsection if the individual qualified for a confidential listing at the time of that listing.
6.47(7)(a)(a) If the municipal clerk has notice that a confidential listing under
sub. (2) is scheduled to expire, the municipal clerk shall provide 30 days' notice to the protected individual of the scheduled expiration of the listing.
6.47(7)(b)
(b) If notice to a protected individual is not provided under
par. (a), the municipal clerk shall provide notice to the subject individual upon changing a listed individual to ineligible status under
sub. (6).
6.47(8)
(8) The municipal clerk shall provide access to a name and address under
sub. (2):
6.47(8)(a)
(a) To a law enforcement officer for official purposes.
6.47(8)(b)
(b) To a state or local governmental officer pursuant to a specific law that necessitates obtaining the name or address.
6.47(8)(c)
(c) Pursuant to a court order citing a reason that access to the name or address should be provided.
6.47(8)(d)
(d) To a clerk of circuit court for purposes of
s. 756.04 (5) (a).
Effective date note
NOTE: Section 756.04 (5) (a) is repealed eff. 1-1-09. Corrective legislation is pending.
6.47(8)(e)
(e) At the request of a protected individual, for purposes of permitting that individual to sign a petition under
s. 59.05 (2) or a protest petition, consent or counter petition under
s. 125.05.
6.47(9)
(9) No person who obtains access to a name or address under
sub. (8) may disclose the name or address to any person other than a public employee for the same purpose for which the information was obtained.
6.47(10)
(10) If a sheriff, chief of a police department, or district attorney has signed or the authorized representative of a sheriff, chief, or district attorney has signed an affidavit under
sub. (1) (am) 2. and the sheriff, chief, district attorney or authorized representative later obtains information that the person who was charged with an offense relating to domestic abuse, sexual assault, or stalking is no longer so charged or that the person's judgment of conviction has been vacated, and the charge or conviction was the sole basis for the affidavit, the sheriff, chief, district attorney or authorized representative shall provide written notice of that information to the municipal clerk to whom the affidavit was directed.
6.47 History
History: 1999 a. 49,
186;
2003 a. 265;
2005 a. 253,
277,
278;
2007 a. 20; s. 13.92 (2) (i).
6.48
6.48
Challenging registration. 6.48(1)(a)(a) Any registered elector of a municipality may challenge the registration of any other registered elector by submitting to the municipal clerk or executive director of the board of election commissioners in cities of more than 500,000 population an affidavit stating that the elector is not qualified to vote and the reasons therefor. The clerk or director, upon receipt of the affidavit, shall mail a notification of the challenge to the challenged elector, at his or her registered address.
6.48(1)(b)
(b) The challenged and challenging electors shall appear before the municipal clerk within one week of notification or arrange under
sub. (2) to appear before the board of election commissioners. The challenging elector shall make an affidavit answering any questions necessary to determine the challenged elector's qualifications. Judgment rests with the municipal clerk and decisions shall be rendered as soon as heard. If the clerk cannot resolve the issue or has reservations as to the answers, the clerk may require the challenging elector to take the oath under
s. 6.925. If the challenged elector appears and contests any answer of the challenging elector, the clerk may require the challenged elector to take the oath under
s. 6.94 and to answer any question necessary to determine the challenged elector's qualifications. If the challenging elector appears before the municipal clerk or board of election commissioners but the challenged elector fails to appear, such clerk or board may make the decision without consulting the challenged elector. If the municipal clerk or board of election commissioners does not sustain the challenge, the challenged elector's registration remains valid.
6.48(1)(c)
(c) If the challenging elector fails to appear before the municipal clerk within one week or in cities of more than 500,000 population fails to appear before the board of election commissioners under
sub. (2) to answer questions and take the oath under
s. 6.925, such clerk or board shall cancel the challenge.
6.48(1)(d)
(d) If the clerk determines that the challenged elector is not qualified, the clerk shall change the challenged elector's registration from eligible to ineligible status on the registration list and notify the inspectors for the ward or election district where the elector was registered.
6.48(2)
(2) Special procedure in populous cities. 6.48(2)(a)(a) In cities of more than 500,000 population, objections may be made before the board of election commissioners which shall sit on the last Wednesday before each election from 9 a.m. to 12 a.m. and from 2 p.m. to 5 p.m. to hear objections then made or deferred under
sub. (1). If all the objections cannot then be determined, the commissioners shall sit during the same hours the next day.
6.48(2)(b)
(b) Upon appearing in person, objectors shall be examined, under oath, by the commissioners and testimony taken. Judgment rests with the board of election commissioners and decisions shall be rendered as soon as heard. All cases are heard and decided summarily. The commissioners shall determine whether the person objected to is qualified. If they determine that a person is not qualified, the executive director of the board of election commissioners shall change the elector from eligible to ineligible status on the registration list and shall notify the proper ward officials of the change immediately.
6.48(3)
(3) Challenge based on incompetency. Section 6.03 (3) applies to any challenge which is made to registration based on an allegation that an elector is incapable of understanding the objective of the elective process and thereby ineligible for registration.
6.48(4)
(4) Disqualification. The municipal clerk or board of election commissioners may not disqualify an elector under this section except upon the grounds and in accordance with the procedure specified in
s. 6.325.
6.50
6.50
Revision of registration list. 6.50(1)
(1) Within 90 days following each general election, the municipal clerk or board of election commissioners of each municipality shall examine the registration records and identify each elector who has not voted within the previous 4 years if qualified to do so during that entire period and shall mail a notice to the elector in substantially the following form:
"NOTICE OF SUSPENSION OF
REGISTRATION
You are hereby notified that your voter registration will be suspended, according to state law, for failure to vote within the previous 4-year period, unless you apply for continuation of your registration within 30 days. You may continue your registration by signing the statement below and returning it to this office by mail or in person.
APPLICATION FOR CONTINUATION
OF REGISTRATION
I hereby certify that I still reside at the address at which I am registered and apply for continuation of registration.
Signed ....
Present Address ....
If you have changed your residence within this municipality or changed your name, please contact this office to complete a change of name or address form.
[Office of clerk or board of election commissioners
Address
Telephone]".
6.50(2)
(2) The municipal clerk or board of election commissioners shall change the registration of all notified electors under
sub. (1) who have not applied for continuation of registration within 30 days of the date of mailing of the notice of suspension from eligible to ineligible status.
6.50(3)
(3) Upon receipt of reliable information that a registered elector has changed his or her residence to a location outside of the municipality, the municipal clerk or board of election commissioners shall notify the elector by mailing a notice by 1st class mail to the elector's registration address stating the source of the information. All municipal departments and agencies receiving information that a registered elector has changed his or her residence shall notify the clerk or board of election commissioners. If the elector no longer resides in the municipality or fails to apply for continuation of registration within 30 days of the date the notice is mailed, the clerk or board of election commissioners shall change the elector's registration from eligible to ineligible status. Upon receipt of reliable information that a registered elector has changed his or her residence within the municipality, the municipal clerk or board of election commissioners shall transfer the elector's registration and mail the elector a notice of the transfer under
s. 6.40 (2). This subsection does not restrict the right of an elector to challenge any registration under
s. 6.325,
6.48,
6.925,
6.93, or
7.52 (5).
6.50(4)
(4) The municipal clerk or board of election commissioners shall change the registration of deceased electors from eligible to ineligible status by means of checking vital statistics reports. No notice need be sent of registration changes made under this subsection.
6.50(5)
(5) The registration of any elector whose address is listed at a building which has been condemned for human habitation by the municipality under
s. 66.0413 (1) (j) shall be investigated by the municipal clerk or board of election commissioners. If the clerk or board of election commissioners can find no reason why the registration of such an elector should not be changed from eligible to ineligible status, the clerk or board of election commissioners shall change the elector's registration status. If the elector has left a forwarding address with the U.S. postal service, a notice of change in status shall be mailed by the clerk or board of election commissioners to the forwarding address.
6.50(6)
(6) The municipal clerk, upon authorization by an elector, shall change the elector's registration from eligible to ineligible status.
6.50(7)
(7) When an elector's registration is changed from eligible to ineligible status, the municipal clerk shall make an entry on the registration list, giving the date of and reason for the change.
6.50(8)
(8) Any municipal governing body may direct the municipal clerk or board of election commissioners to arrange with the U.S. postal service pursuant to applicable federal regulations, to receive change of address information with respect to individuals residing within the municipality for revision of the elector registration list. If required by the U.S. postal service, the governing body may create a registration commission consisting of the municipal clerk or executive director of the board of election commissioners and 2 other electors of the municipality appointed by the clerk or executive director for the purpose of making application for address changes and processing the information received. The municipal clerk or executive director shall act as chairperson of the commission. Any authorization under this subsection shall be for a definite period or until the municipal governing body otherwise determines. The procedure shall apply uniformly to the entire municipality whenever used. The procedure shall provide for receipt of complete change of address information on an automatic basis, or not less often than once every 2 years during the 60 days preceding the close of registration for the September primary. If a municipality adopts the procedure for obtaining address corrections under this subsection, it need not comply with the procedure for mailing address verification cards under
subs. (1) and
(2).
6.50(10)
(10) Any qualified elector whose registration is changed from eligible to ineligible status under this section may reregister as provided under
s. 6.28 (1),
6.29 (2), or
6.55 (2).
6.54
6.54
Failure to register; rights. No name may be added to the registration list after the close of registration, but any person whose name is not on the registration list but who is otherwise a qualified elector is entitled to vote at the election upon compliance with
s. 6.29 or
6.55.
6.54 History
History: 1985 a. 304 s.
60.
6.55
6.55
Polling place registration; voting by certification. 6.55(2)(a)1.1. Except where the procedure under
par. (c) or
(cm) is employed, any person who qualifies as an elector in the ward or election district where he or she desires to vote, but has not previously filed a registration form, or was registered at another location, may request permission to vote at the polling place for that ward or election district, or at an alternate polling place assigned under
s. 5.25 (5) (b). When a proper request is made, the inspector shall require the person to execute a registration form prescribed by the board. The registration form shall be completed in the manner provided under
s. 6.33 (2) and shall contain all information required under
s. 6.33 (1), together with the following certification:
"I, ...., hereby certify that, to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 days immediately preceding this election, and I have not voted at this election."
6.55(2)(a)2.
2. If a change of address is made from outside the municipality, the municipal clerk shall file the notice required under
s. 6.40 (1) (a) 3.
6.55(2)(b)
(b) Upon executing the registration form under
par. (a), the elector shall provide proof of residence under
s. 6.34. If the elector cannot provide proof of residence, the information contained in the registration form shall be corroborated in a statement that is signed by any elector who resides in the same municipality as the registering elector and that contains the current street address of the corroborating elector. The corroborator shall then provide proof of residence as provided in
s. 6.34. If the elector is registering to vote in the general election and the elector presents a valid driver's license issued by another state, the inspector or deputy shall record on a separate list the name and address of the elector, the name of the state, and the license number and expiration date of the license. The signing by the elector executing the registration form and by any corroborator shall be in the presence of the special registration deputy or inspector who shall then print his or her name on and sign the form, indicating that the deputy or inspector has accepted the form. Upon compliance with this procedure, the elector shall be permitted to cast his or her vote, if the elector complies with all other requirements for voting at the polling place.
6.55(2)(c)1.1. As an alternative to registration at the polling place under
pars. (a) and
(b), the board of election commissioners, or the governing body of any municipality may by resolution require a person who qualifies as an elector and who is not registered and desires to register on the day of an election to do so at another readily accessible location in the same building as the polling place serving the elector's residence or at an alternate polling place assigned under
s. 5.25 (5) (b), instead of at the polling place serving the elector's residence. In such case, the municipal clerk shall prominently post a notice of the registration location at the polling place. The elector who desires to register shall execute a registration form as prescribed under
par. (a) and provide proof of residence as provided under
s. 6.34. If the elector cannot provide proof of residence, the information contained in the registration form shall be corroborated in the manner provided in
par. (b). If the elector is registering to vote in the general election and the elector presents a valid driver's license issued by another state, the municipal clerk, deputy clerk, or special registration deputy shall record on a separate list the name and address of the elector, the name of the state, and the license number and expiration date of the license. The signing by the elector executing the registration form and by any corroborator shall be in the presence of the municipal clerk, deputy clerk or special registration deputy. The municipal clerk, the deputy clerk, or the special registration deputy shall then print his or her name and sign the form, indicating that the clerk, deputy clerk, or deputy has accepted the form. Upon proper completion of registration, the municipal clerk, deputy clerk or special registration deputy shall serially number the registration and give one copy to the elector for presentation at the polling place serving the elector's residence or an alternate polling place assigned under
s. 5.25 (5) (b).
6.55(2)(c)2.
2. Upon compliance with the procedures under
subd. 1., the municipal clerk or deputy clerk shall issue a certificate addressed to the inspectors of the proper polling place directing that the elector be permitted to cast his or her vote if the elector complies with all requirements for voting at the polling place. The clerk shall enter the name and address of the elector on the face of the certificate. If the elector's registration is corroborated, the clerk shall also enter the name and address of the corroborator on the face of the certificate. The certificate shall be numbered serially and prepared in duplicate. The municipal clerk shall preserve one copy in his or her office.
6.55(2)(c)3.
3. The elector, at the time he or she appears to vote at the polling place, shall deliver the certificate issued under
subd. 2. to the inspectors.
6.55(2)(cm)
(cm) If an elector who is not registered wishes to obtain a confidential listing under
s. 6.47 (2), the elector shall register at the office of the municipal clerk of the municipality where the elector resides. Upon completion of registration, the municipal clerk or a deputy clerk shall serially number the registration form and issue a voting identification card to the elector under
s. 6.47 (3). The elector may vote at the polling place serving his or her residence by presenting the identification card or by providing his or her name and identification serial number to the inspectors.
6.55(2)(cs)
(cs) The board shall provide to each municipal clerk a list prepared for use at each polling place showing the name and address of each person whose name appears on the list provided by the department of corrections under
s. 301.03 (20m) as ineligible to vote on the date of the election, whose address is located in the area served by that polling place, and whose name does not appear on the poll list for that polling place. Prior to permitting an elector to register to vote under this subsection or
s. 6.86 (3) (a) 2., the inspectors or special registration deputies shall review the list. If the name of an elector who wishes to register to vote appears on the list, the inspectors or special registration deputies shall inform the elector or the elector's agent that the elector is ineligible to register to vote. If the elector or the elector's agent maintains that the elector is eligible to vote in the election, the inspectors or special registration deputies shall permit the elector to register but shall mark the elector's registration form as "ineligible to vote per Department of Corrections." If the elector wishes to vote, the inspectors shall require the elector to vote by ballot and shall challenge the ballot as provided in
s. 6.79 (2) (dm).
6.55(2)(d)
(d) A registered elector who has changed his or her name but resides at the same address, and has not notified the municipal clerk under
s. 6.40 (1) (c), shall notify the inspector of the change before voting. The inspector shall then notify the municipal clerk at the time when materials are returned under
s. 6.56 (1). If an elector has changed both a name and address, the elector shall register at the polling place or other registration location under
pars. (a) and
(b).
