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).
6.55(3)(a)(a) Any qualified elector in the ward or election district where the elector desires to vote whose name does not appear on the registration list but who claims to be registered to vote in the election may request permission to vote at the polling place for that ward or election district. When the request is made, the inspector shall require the person to give his or her name and address. If the elector is not at the polling place which serves the ward or election district where the elector resides, the inspector shall provide the elector with directions to the correct polling place. If the elector is at the correct polling place, the elector shall complete registration as provided in
sub. (2).
6.55(3)(b)
(b) Prior to permitting an elector to vote under this subsection, the inspectors shall review the list provided by the board under
sub. (2) (cs). If the name of the elector appears on the list, the inspectors shall inform the elector that he or she is ineligible to vote at the election. If the elector maintains that he or she is eligible to vote in the election, the inspectors shall permit the elector to vote, but shall require the elector to vote by ballot, and shall challenge the ballot as provided in
s. 6.79 (2) (dm).
6.55(6)
(6) The governing body or board of election commissioners of any municipality may provide by resolution that any of the registration duties of inspectors under
sub. (2) shall be carried out in the municipality by special registration deputies appointed by the municipal clerk or board of election commissioners at any polling place or other registration location whenever the clerk or board of election commissioners determines that the registration process provided for in that subsection will be facilitated thereby. The deputies shall be specially appointed by the clerk or board of election commissioners for one election only to conduct elector registration only.
6.56
6.56
Verification of voters not appearing on list. 6.56(1)(1) The list containing the names of persons voting under
ss. 6.29 and
6.55 (2) shall be returned together with all forms and certificates to the municipal clerk.
6.56(3)
(3) Upon receipt of the list under
sub. (1), the municipal clerk or board of election commissioners shall make an audit of all electors registering to vote at the polling place or other registration location under
s. 6.55 (2) and all electors registering by agent on election day under
s. 6.86 (3) (a) 2. unless the clerk or board of election commissioners receives notice from the board under
sub. (7) that the board will perform the audit. The audit shall be made by 1st class postcard. The postcard shall be marked in accordance with postal regulations to ensure that it will be returned to the clerk, board of election commissioners, or government accountability board if the elector does not reside at the address given on the postcard. If any postcard is returned undelivered, or if the clerk, board of election commissioners, or government accountability board is informed of a different address than the one specified by the elector which was apparently improper on the day of the election, the clerk, board of election commissioners, or government accountability board shall change the status of the elector from eligible to ineligible on the registration list, mail the elector a notice of the change in status, and provide the name of the elector to the district attorney for the county where the polling place is located and the government accountability board.
6.56(3m)
(3m) As soon as possible after all information relating to registrations after the close of registration for an election is entered on the registration list following the election under
s. 6.33 (5) (a), the board shall compare the list of new registrants whose names do not appear on the poll lists for the election because the names were added after the board certified the poll lists for use at the election with the list containing the names transmitted to the board by the department of corrections under
s. 301.03 (20m) as of election day. If the board finds that the name of any person whose name appears on the list transmitted under
s. 301.03 (20m) has been added to the registration list, the board shall enter on the list the information transmitted to the board under
s. 301.03 (20m) and shall notify the district attorney for the county where the polling place is located that the person appears to have voted illegally at the election.
6.56(4)
(4) After each election, the municipal clerk shall perform an audit to assure that no person has been allowed to vote more than once. Whenever the municipal clerk has good reason to believe that a person has voted more than once in an election, the clerk shall send the person a 1st class letter marked in accordance with postal regulations to ensure that it will be returned to the clerk if the elector does not reside at the address given on the letter. The letter shall inform the person that all registrations relating to that person may be changed from eligible to ineligible status within 7 days unless the person contacts the office of the clerk to clarify the matter. A copy of the letter and of any subsequent information received from or about the addressee shall be sent to the district attorney for the county where the person resides and the board.
6.56(5)
(5) Whenever any letter or postcard mailed under this section is returned undelivered, or whenever the U.S. postal service notifies the clerk of an improper address which was apparently improper on the day of the election or whenever it otherwise appears that a person has voted who is not qualified or has voted more than once in an election, and the person has been permitted to vote after corroboration was made under
s. 6.55 (2) or
6.86 (3) (a) 2., the name of the corroborator shall also be provided to the district attorney for the county where the person resides and the board.
6.56(6)
(6) The municipal clerk may not disqualify an elector under this section except upon the grounds and in accordance with the procedures specified in
s. 6.325.
6.56(7)
(7) The board may elect to perform the duties of municipal clerks to conduct the audits required under
subs. (3) and
(4) for any election on behalf of all municipalities in the state. If the board so elects, the board shall, no later than the date of the election for which the audits will be performed, notify the municipal clerk of each municipality that the board will perform the audits.
6.57
6.57
Registration list for special elections. The municipal clerk of each municipality where a special election is held nonconcurrently with a regularly scheduled election shall obtain a copies of the current registration list from the board for use in the special election.
6.57 History
History: 1975 c. 85 s.
30; Stats. 1975 s. 6.57;
1977 c. 394;
2003 a. 265.
VOTING
6.76
6.76
Time off for voting. 6.76(1)(1) Any person entitled to vote at an election is entitled to be absent from work while the polls are open for a period not to exceed 3 successive hours to vote. The elector shall notify the affected employer before election day of the intended absence. The employer may designate the time of day for the absence.
6.76(2)
(2) No penalty, other than a deduction for time lost, may be imposed upon an elector by his or her employer by reason of the absence authorized by this section.
6.76(3)
(3) This section applies to all employers including the state and all political subdivisions of the state and their employees, but does not affect the employees' right to holidays existing on June 28, 1945, or established after that date.
6.76 History
History: 1977 c. 394;
1991 a. 316.
6.77
6.77
Place for voting. 6.77(1)(1) An elector may vote only at the polling place for his or her residence designated by the governing body or board of election commissioners.
6.77(2)
(2) Whenever territory which was formerly a part of one municipality becomes a part of another municipality, an elector of the territory shall vote in the municipality in which the territory is included on the day of the election.
6.77 History
History: 1975 c. 85;
1985 a. 304.
6.78(1m)(1m) The polls at every election shall be open from 7 a.m. until 8 p.m.
6.78(4)
(4) Any elector waiting to vote, whether within the polling booth or in the line outside the booth at the time the polls officially close, shall be permitted to vote.
6.79
6.79
Recording electors. 6.79(1m)(1m)
Separate poll lists. Two election officials at each election ward shall be in charge of and shall maintain 2 separate poll lists containing information relating to all persons voting. The municipal clerk may elect to maintain the information on the lists manually or electronically. If the lists are maintained electronically, the officials shall enter the information into an electronic data recording system that enables retrieval of printed copies of the lists at the polling place. The system employed is subject to the approval of the board.
6.79(2)(a)(a) Unless information on the poll list is entered electronically, the municipal clerk shall supply the inspectors with 2 copies of the most current official registration list or lists prepared under
s. 6.36 (2) (a) for use as poll lists at the polling place. Except as provided in
sub. (6), each person, before receiving a serial number, shall state his or her full name and address. The officials shall verify that the name and address provided by the person are the same as the person's name and address on the poll list.
6.79(2)(b)
(b) Upon the poll list, after the name of each elector, the officials shall enter a serial number for each elector in the order that votes are cast, beginning with number one.
6.79(2)(c)
(c) The officials shall maintain separate lists for electors who are voting under
s. 6.15,
6.29, or
6.55 (2) or
(3) and electors who are reassigned from another polling place under
s. 5.25 (5) (b) and shall enter the full name, address, and serial number of each of these electors on the appropriate separate list. Alternatively, if the poll list is maintained electronically, the officials may enter on the poll list the information that would otherwise appear on a separate list if the information that would be obtainable from a separate list is entered on the poll list.
6.79(2)(d)
(d) If the poll list indicates that proof of residence under
s. 6.34 is required, the officials shall require the elector to provide proof of residence. If proof of residence is provided, the officials shall verify that the name and address on the identification document submitted as proof of residence provided is the same as the name and address shown on the registration list. If proof of residence is required and not provided, the officials shall offer the opportunity for the elector to vote under
s. 6.97.
6.79(2)(dm)
(dm) If the poll list indicates that the elector is ineligible to vote because the elector's name appears on the current list provided by the department of corrections under
s. 301.03 (20m), the inspectors shall inform the elector of this fact. If the elector maintains that he or she is eligible to vote in the election, the inspectors shall provide the elector with a ballot and, after the elector casts his or her vote, shall challenge the ballot as provided in
s. 6.92 and treat the ballot in the manner provided in
s. 6.95.
