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 commission, municipal clerk, or board of election commissioners 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 partisan 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), or, if the elector has a current and valid operator's license issued to the elector under ch.
343 or a current and valid identification card issued under s.
343.50, may reregister under s.
6.30 (5).
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)
(a) 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 commission. 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 28 consecutive days immediately preceding this election, and I have not voted at this election."
6.55 Note
NOTE: In One Wisconsin Institute, Inc. et al. v. Thomsen et al, 15-cv-324,
198 F. Supp. 3d 896, the United States District Court, Western District of Wisconsin ordered that “the increase of the durational residency requirement from 10 days to 28 days is unconstitutional."
6.55(2)(b)
(b) Upon executing the registration form under par.
(a), the elector shall provide proof of residence under s.
6.34. The signing by the elector executing the registration form shall be in the presence of the election registration official or inspector. Upon receipt of the registration form, the official or inspector shall enter both the type of identifying document submitted by the elector as proof of residence and the name of the entity or institution that issued the identifying document, and, if the identifying document includes a number that applies only to the individual holding that document, that number in the space provided on the form. The official or inspector shall then print his or her name on and sign the form, indicating that the official 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. An eligible 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. The signing by the person executing the registration form shall be in the presence of the municipal clerk, deputy clerk, or election registration official. Upon receipt of the registration form, the municipal clerk, deputy clerk, or election registration official shall enter the type of identifying document submitted by the elector as proof of residence, the name of the entity or institution that issued the identifying document, and, if the identifying document includes a number that applies only to the individual holding that document, the last 4 digits of that number in the space provided on the form. If the number on the identifying document submitted by the elector has 6 or fewer digits, the clerk shall enter only the last 2 digits of that number. The municipal clerk, the deputy clerk, or the election registration official shall then print his or her name and sign the form, indicating that the clerk, deputy clerk, or official has accepted the form. Upon proper completion of registration, the municipal clerk, deputy clerk, or election registration official shall serially number the registration and give one copy to the person for presentation at the polling place serving the person'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. 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 commission 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 election registration officials shall review the list. If the name of an elector who wishes to register to vote appears on the list, the inspectors or election registration officials 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 election registration officials 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 previously provided notice of the change to the municipal clerk, 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 commission 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) Any of the registration duties of inspectors under sub.
(2) may be carried out in the municipality by the municipal clerk. The municipal clerk, however, may not carry out the registration duties of the inspectors under sub.
(2) if the municipal clerk is a candidate on the ballot for that election day.
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 elections commission under sub.
(7) that the elections commission 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 elections commission 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 elections commission 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 elections commission 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 elections commission.
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 commission 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 commission certified the poll lists for use at the election with the list containing the names transmitted to the commission by the department of corrections under s.
301.03 (20m) as of election day. If the commission 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 commission shall enter on the list the information transmitted to the commission 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 commission.
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 commission 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 commission so elects, the commission 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 commission 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 commission 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;
2015 a. 118 s.
266 (10).
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. The municipal clerk may elect to maintain the information on the poll list manually or electronically. If the clerk elects to maintain the list electronically, an election official at each election ward shall be in charge of and shall maintain the poll list. The system employed to maintain the list electronically is subject to the approval of the commission. If the clerk elects to maintain the information manually, 2 election officials at each election ward shall be in charge of and shall maintain 2 separate poll lists.
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 subs.
(6) and
(7), each eligible elector, before receiving a serial number, shall state his or her full name and address and present to the officials proof of identification. The officials shall verify that the name on the proof of identification presented by the elector conforms to the name on the poll list or separate list and shall verify that any photograph appearing on that document reasonably resembles the elector. The officials shall then require the elector to enter his or her signature on the poll list, supplemental list, or separate list maintained under par.
(c) unless the elector is exempt from the signature requirement under s.
6.36 (2) (a). The officials shall verify that the name and address stated by the elector conform to the elector's name and address on the poll list.
6.79(2)(am)
(am) If an elector previously signed his or her registration form or is exempt from a registration requirement and is unable, due to physical disability, to enter his or her signature at the election, the officials shall waive the signature requirement if the officials determine that the elector is unable, due to physical disability, to enter his or her signature. In this case, the officials shall enter next to the name and address of the elector on the poll, supplemental, or separate list the words “exempt by order of inspectors". If both officials do not waive the signature requirement and the elector wishes to vote, the official or officials who do not waive the requirement shall require the elector to vote by ballot and shall challenge the elector's ballot as provided in s.
6.92 and treat the ballot in the manner provided in s.
6.95. The challenged elector may then provide evidence of his or her physical disability to the board of canvassers charged with initially canvassing the returns prior to the completion of the initial canvass.
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 and the proof of identification document provided by the elector under par.
(a) does not constitute proof of residence under s.
6.34, the officials shall require the elector to provide proof of residence. If proof of residence is provided, the officials shall enter both the type of identifying document submitted as proof of residence and the name of the entity or institution that issued the identifying document in the space provided on the poll list and shall verify that the name and address on the identifying document is the same as the name and address shown on the registration list. If proof of residence is required and not provided, or if the elector does not present proof of identification under par.
(a), whenever required, 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.
6.79(2)(e)
(e) The officials shall then provide each elector with a slip bearing the same serial number as is recorded for the elector upon the poll list or separate list.
6.79(3)
(3) Refusal to provide name, address, or proof of identification. 6.79(3)(a)(a) Except as provided in sub.
(6), if any elector offering to vote at any polling place refuses to give his or her name and address, the elector may not be permitted to vote.
6.79(3)(b)
(b) If proof of identification under sub.
(2) is not presented by the elector, if the name appearing on the document presented does not conform to the name on the poll list or separate list, or if any photograph appearing on the document does not reasonably resemble the elector, the elector shall not be permitted to vote, except as authorized under sub.
(6) or
(7), but if the elector is entitled to cast a provisional ballot under s.
6.97, the officials shall offer the opportunity for the elector to vote under s.
6.97.
6.79(4)
(4) Supplemental information. When any elector provides proof of residence under s.
6.15,
6.29 or
6.55 (2), the election officials shall enter both the type of identifying document provided and the name of the entity or institution that issued the identifying document on the poll list, or separate list maintained under sub.
(2) (c). When any person offering to vote has been challenged and taken the oath, following the person's name on the poll list, the officials shall enter the word “Sworn".
6.79(6)
(6) Confidential names and addresses. An elector who has a confidential listing under s.
6.47 (2) may present his or her identification card issued under s.
6.47 (3), or give his or her name and identification serial number issued under s.
6.47 (3), in lieu of stating his or her name and address and presenting proof of identification under sub.
(2). If the elector's name and identification serial number appear on the confidential portion of the list, the inspectors shall issue a voting serial number to the elector, record that number on the poll list and permit the elector to vote.
6.79(7)
(7) License surrender. If an elector receives a citation or notice of intent to revoke or suspend an operator's license from a law enforcement officer in any jurisdiction that is dated within 60 days of the date of an election and is required to surrender his or her operator's license or driving receipt issued to the elector under ch.
343 at the time the citation or notice is issued, the elector may present an original copy of the citation or notice in lieu of an operator's license or driving receipt issued under ch.
343. In such case, the elector shall cast his or her ballot under s.
6.965.
6.79 Annotation
Requiring photo identification as proof of identification is not facially unconstitutional. It is clearly within the legislature's province to require any person offering to vote to furnish such proof as it deems requisite that he is a qualified elector. Requiring a potential voter to identify himself or herself as a qualified elector through acceptable photo identification does not impose an elector qualification in addition to those set out in
Article III, Section 1, of the Wisconsin Constitution. The requirement comes within the legislature's authority to enact laws providing for the registration of electors under Article III, Section 2, because acceptable photo identification is the mode by which election officials verify that a potential voter is the elector listed on the registration list. League of Women Voters of Wisconsin Education Network, Inc. v. Walker,
2014 WI 97,
357 Wis. 2d 360,
851 N.W.2d 302,
12-0584.
6.79 Annotation
The burdens of time and inconvenience associated with obtaining acceptable photo identification as proof of identification are not undue burdens on the right to vote and do not render the law invalid. Milwaukee Branch of the NAACP v. Walker,
2014 WI 98,
357 Wis. 2d 469,
851 N.W.2d 262,
12-1652.
6.79 Annotation
Even rational restrictions on the right to vote are invidious if they are unrelated to voter qualifications. However evenhanded restrictions that protect the integrity and reliability of the electoral process itself are not invidious. An Indiana statute requiring citizens voting in person on election day, or casting a ballot in person at the office of the circuit court clerk prior to election day, to present photo identification issued by the government did not violate constitutional standards. Crawford v. Marion County Election Board,
553 U.S. 181,
128 S. Ct. 1610,
170 L. Ed. 2d 574, (2008).
6.79 Annotation2011 Wisconsin Act 23, which created requirements that voters present photo identification in order to vote at a polling place or obtain an absentee ballot, does not violate either section 2 of the federal Voting Rights Act, 52 U.S.C. § 10301, or the U.S. Constitution. Frank v. Walker,
768 F.3d 744 (2014).
6.80
6.80
Mechanics of voting. 6.80(1)(1)
Voting booth or machine use. Only one individual at a time is permitted to occupy a voting booth or machine, except that an elector who is a parent or guardian may be accompanied by the elector's minor child or minor ward, and an elector who qualifies for assistance under s.
6.82 (2) may be assisted as provided in that subsection.
6.80(2)(a)
(a) Upon receiving his or her ballot and without leaving the polling place, the elector shall enter an unoccupied voting booth or machine alone to cast his or her vote, except as authorized in sub.
(1). An elector may use or copy an unofficial sample ballot which may be marked in advance of entering the polling place, but an elector may not use or bring into the polling place any ballot printed upon paper of the type required or utilized for official ballots at that polling place.
6.80(2)(am)
(am) In partisan primaries, an elector may vote for a person as the candidate of the party of the elector's choice, if that person's name does not appear on the official ballot of that party, by writing in the name of the person in the space provided on the ballot or the ballot provided for that purpose, or where voting machines are used, in the irregular ballot device, designating the party for which the elector desires such person to be the nominee.
6.80(2)(b)
(b) After preparing his or her ballot, unless the ballot is intended for counting with automatic tabulating equipment, the elector shall fold it so its face will be concealed.
6.80(2)(c)
(c) Any elector who, by accident or mistake, spoils or erroneously prepares a ballot may receive another, by returning the defective ballot, but not to exceed 3 ballots in all.
6.80(2)(d)
(d) If an elector receives a ballot which is not initialed by 2 inspectors, or is defective in any other way, the elector shall return it to the inspectors. If the initials are missing, the inspectors shall supply the missing initials. If the ballot is defective, they shall destroy it and issue another ballot to the elector.
6.80(2)(e)
(e) Upon voting his or her ballot, the elector shall publicly and in person deposit it into the ballot box or deliver it to an inspector, who shall deposit the ballot into the ballot box.
6.80(2)(f)
(f) In the presidential preference primary and other partisan primary elections at polling places where ballots are distributed to electors, unless the ballots are prepared under s.
5.655 or are utilized with an electronic voting system in which all candidates appear on the same ballot, after the elector prepares his or her ballot the elector shall detach the remaining ballots, fold the ballots to be discarded and fold the completed ballot unless the ballot is intended for counting with automatic tabulating equipment. The elector shall then either personally deposit the ballots to be discarded into the separate ballot box marked “blank ballot box" and deposit the completed ballot into the ballot box indicated by the inspectors, or give the ballots to an inspector who shall deposit the ballots directly into the appropriate ballot boxes. The inspectors shall keep the blank ballot box locked until the canvass is completed and shall dispose of the blank ballots as prescribed by the municipal clerk.
6.80(3)
(3) Time in booth or machine. 6.80(3)(a)
(a) Each elector shall be allowed a reasonable time to vote. Unless otherwise specified for that election, a majority of the inspectors shall determine the time each elector shall have to mark the ballot, taking into consideration the size of the ballot and the number of electors in line waiting to vote. In no case shall the time be less than one minute. If there are electors in line waiting to vote, the time shall not exceed 5 minutes.
6.80(3)(b)
(b) If an elector refuses to leave the booth or machine after being notified by one of the inspectors that the time has expired, the elector shall be removed by the inspectors.
6.82
6.82
Assisting electors.
