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
Subch. II of ch. 6 Cross-reference
Cross-reference: See also ch.
GAB 3, Wis. adm. code.
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.
6.26(2)(am)
(am) A qualified elector of this state may apply to the board to be appointed as a special registration deputy for the purpose of registering electors of any municipality prior to the close of registration.
6.26(2)(b)
(b) The municipal clerk, board of election commissioners, or government accountability board may appoint any applicant who qualifies under this subsection, unless the applicant's appointment has been revoked by a municipality or by the board for cause. The municipal clerk, board of election commissioners, or government accountability board may revoke an appointment made by the clerk, board of election commissioners, or government accountability board 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 or the individual is appointed by the government accountability board to serve all municipalities and the individual completes training required under
s. 7.315.
6.26(2)(cm)
(cm) The board and each municipal clerk shall maintain a record of the names and addresses of each individual who is appointed by the board or the clerk to serve as a special registration deputy under this section and who has complied with the training requirements for service as a special registration deputy under
s. 7.315 (1) (b) 1.
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 coordinated with training programs for special registration deputies conducted by municipal clerks under
s. 7.315 and 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.
6.26(4)
(4) Each special registration deputy under this section who obtains a registration form from an elector shall print his or her name on and sign the form, affirming that the deputy has accepted the form.
6.26 Cross-reference
Cross-reference: See also ch.
GAB 3, Wis. adm. code.
6.27
6.27
Elector registration required. Each elector shall register under this chapter before voting in any election, except as authorized under
ss. 6.15,
6.18, and
6.22.
6.275
6.275
Registration and voting statistics. 6.275(1)
(1) Within 30 days after each primary and election at which a state or national office is filled or a statewide referendum is held, including any special election, the municipal clerk or board of election commissioners shall make a written statement in duplicate to the county clerk or board of election commissioners of each county in which the municipality is located specifying:
6.275(1)(a)
(a) The total number of electors residing in that county who voted in the municipality in that primary or election.
6.275(1)(b)
(b) The total number of electors of the municipality residing in that county who were preregistered on the deadline specified in
s. 6.28 (1), including valid mail registrations which are postmarked by that day.
6.275(1)(c)
(c) The total number of electors of the municipality residing in that county who registered after the close of registration and prior to the day of the primary or election under
ss. 6.29 and
6.86 (3) (a) 2.
6.275(1)(d)
(d) The total number of electors of the municipality residing in that county who registered on the day of the primary or election under
ss. 6.55 and
6.86 (3) (a) 2.
6.275(1)(e)
(e) The total number of electors of the municipality voting absentee ballots at the primary or election.
6.275(2)
(2) Upon receipt of each report filed under this section, the county clerk or board of election commissioners shall forward one copy to the board within 7 days.
6.276
6.276
Federal absentee voting statistics. 6.276(1)
(1) In this section, "military elector" and "overseas elector" have the meanings given in
s. 6.34 (1).
6.276(2)
(2) Within 30 days after each general election, each municipal clerk shall transmit to the board a report of the number of absentee ballots transmitted by the clerk to absent military electors and overseas electors for that election and the combined number of those ballots that were cast by those electors in that election.
6.276(3)
(3) Within 90 days after each general election, the board shall compile the information contained in the reports received from municipal clerks under
sub. (2) and transmit the information to the federal Election Assistance Commission.
6.276 History
History: 2003 a. 265;
2005 a. 451.
6.28
6.28
Where and when to register. 6.28(1)
(1)
Registration locations; deadline. Except as authorized in
ss. 6.29,
6.55 (2), and
6.86 (3) (a) 2., registration in person for any election shall close at 5 p.m. on the 3rd Wednesday preceding the election. Registrations made by mail under
s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked no later than the 3rd Wednesday preceding the election. All applications for registration corrections and additions may be made throughout the year at the office of the city board of election commissioners, at the office of the municipal clerk, at the office of the county clerk, or at other locations provided by the board of election commissioners or the common council in cities over 500,000 population or by either or both the municipal clerk, or the common council, village or town board in all other municipalities and may also be made during the school year at any high school by qualified persons under
sub. (2) (a). Other registration locations may include but are not limited to fire houses, police stations, public libraries, institutions of higher education, supermarkets, community centers, plants and factories, banks, savings and loan associations and savings banks. Special registration deputies shall be appointed for each location unless the location can be sufficiently staffed by the board of election commissioners or the municipal clerk or his or her deputies. An elector who wishes to obtain a confidential listing under
s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.
6.28(2)(a)(a) Public high schools shall be used for registration for enrolled students and members of the high school staff.
6.28(2)(b)
(b) The municipal clerk of each municipality shall notify the school board of each school district in which the municipality is located that high schools shall be used for registration pursuant to
par. (a). The school board and the municipal clerk shall agree upon the appointment of at least one qualified elector at each high school as a special school registration deputy. The municipal clerk shall appoint such person as a school registration deputy and explain the person's duties and responsibilities. Students and staff may register at the high school on any day that classes are regularly held. The school registration deputies shall promptly forward properly completed registration forms to the municipal clerk of the municipality in which the registering student or staff member resides. The municipal clerk, upon receiving such registration forms, shall add all those registering electors who have met the registration requirements to the registration list. The municipal clerk may reject any registration form and shall promptly notify the person whose registration is rejected of the rejection and the reason therefor. A person whose registration is rejected may reapply for registration if he or she is qualified. The form of each high school student who is qualified and will be eligible to vote at the next election shall be filed in such a way that when a student attains the age of 18 years the student is registered to vote automatically. Each school board shall assure that the principal of every high school communicates elector registration information to students.
6.28(2)(c)
(c) The principal of any private high school or of any tribal school, as defined in
s. 115.001 (15m), that operates high school grades that has a substantial number of students residing in a municipality may request the municipal clerk to establish registration dates when a special registration deputy will be present in the high school, or to appoint a special school registration deputy in accordance with
par. (b). The clerk shall establish registration dates or appoint a special school registration deputy in the high school if the clerk determines the school to have a substantial number of students residing in the municipality.
6.28(4)
(4) At the office of the county clerk. Any person shall be given an opportunity to register to vote at the office of the county clerk for the county in which the person's residence is located. An applicant may complete the required registration form under
s. 6.33. Unless the county clerk performs registration functions for the municipality where the elector resides under
s. 6.33 (5) (b), the county clerk shall forward the form submitted by an elector to the appropriate municipal clerk, or to the board of election commissioners in cities over 500,000 population within 5 days of receipt. The clerk shall forward the form immediately whenever registration closes within 5 days of receipt.
6.29
6.29
Late registration in person. 6.29(1)
(1) No names may be added to a registration list for any election after the close of registration, except as authorized under this section or
s. 6.55 (2) or
6.86 (3) (a) 2. 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 this section.
6.29(2)(a)(a) Any qualified elector of a municipality who has not previously filed a registration form or whose name does not appear on the registration list of the municipality may register after the close of registration but not later than 5 p.m. or the close of business, whichever is later, on the day before an election at the office of the municipal clerk and at the office of the clerk's agent if the clerk delegates responsibility for electronic maintenance of the registration list to an agent under
s. 6.33 (5) (b). The elector shall complete, in the manner provided under
s. 6.33 (2), a registration form containing all information required under
s. 6.33 (1). The registration form shall also contain 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". The elector shall also provide proof of residence under
s. 6.34. Alternatively, if the elector is unable to provide proof of residence under
s. 6.34, the information contained in the registration form shall be corroborated in a statement that is signed by any other elector of the municipality and that contains the current street address of the corroborating elector. The corroborating elector shall then provide proof of residence under
s. 6.34. If the elector is registering after the close of registration for the general election and the elector presents a valid driver's license issued by another state, the municipal clerk or agent 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.
6.29(2)(am)
(am) The board shall provide to each municipal clerk a list prepared for use at each municipal clerk's office 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 municipality, and whose name does not appear on the registration list for that municipality. Prior to permitting an elector to register to vote under this subsection, the municipal clerk shall review the list. If the name of an elector who wishes to register to vote appears on the list, the municipal clerk shall inform the elector that the elector is ineligible to register to vote. If the elector maintains that he or she is eligible to vote in the election, the municipal clerk shall permit the elector to register to vote but shall mark the elector's registration form as "ineligible to vote per Department of Corrections." If the elector wishes to vote, the municipal clerk shall challenge the elector's ballot in the same manner as provided for inspectors who challenge ballots under
s. 6.79 (2) (dm).
6.29(2)(b)
(b) Upon the filing of the registration form required by this section, the municipal clerk or clerk's agent under
s. 6.33 (5) (b) shall issue a certificate containing the name and address of the elector addressed to the inspectors of the proper ward or election district 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 certificate shall be numbered serially, prepared in duplicate and one copy preserved in the office of the municipal clerk.
6.29(2)(c)
(c) At the time he or she appears at the correct polling place, the elector shall deliver any certificate issued under
par. (b) to the inspectors. If the elector applies for and obtains an absentee ballot, any certificate shall be annexed to and mailed with the absentee ballot to the office of the municipal clerk.
6.29(2)(d)
(d) The inspectors shall record the names of electors who present certificates in person or for whom certificates are presented with absentee ballots under this section on the list maintained under
s. 6.56 (1). These names shall then be added to the registration list if the electors are qualified.
6.30
6.30
How to register. 6.30(1)(1)
In person. An elector shall apply for registration in person, except as provided under
sub. (4) and
s. 6.86 (3) (a) 2.
6.30(4)
(4) By mail. Any eligible elector may register by mail on a form prescribed by the board and provided by each municipality. The form shall be designed to obtain the information required in
ss. 6.33 (1) and to provide for changes authorized under
s. 6.40 (1) (a). The form shall contain a certification by the elector that all statements are true and correct. The form shall be prepostpaid for return when mailed at any point within the United States. The form shall be available in the municipal clerk's office and may be distributed by any elector of the municipality. The clerk shall mail a registration form to any elector upon written or oral request.
