Wisconsin

With over 1800 municipal clerks and 72 county clerks responsible for conducting elections, Wisconsin is notable for having perhaps the most decentralized system of election administration in the nation.  And, despite recent controversy over the passage and implementation of strict voter ID requirements in the state, Wisconsin’s turnout levels remain among the highest of all states — almost 70% of eligible voters in 2016, ranking it fifth overall among the fifty states and D.C.

Election administration decisions are led at the local level by municipal and county clerks, some of whom are elected and some of whom are appointed.  In some municipalities, clerks are chosen on a non-partisan basis; in others, they are chosen in a partisan contest.  This link provides access to contact information for all Wisconsin municipal and county clerks.

On Election Day, polls in Wisconsin are open from 7 a.m. to 8 p.m.

Sources of Election Information

The Wisconsin Elections Commission maintains an online voter portal that provides links to information and services related to voter registration, polling places, ballot information, and absentee voting.  The Election Commission’s website also includes helpful election-related links to state, local, and federal agencies; national and international organizations; non-partisan political information; political parties, and resources for voters with disabilities.

Useful online links to official Wisconsin voting information that are referenced in this report include the following:

• Wisconsin Elections Commission
• Wisconsin voter online portal
• Online voter registration
• Wisconsin voter ID law
• Wisconsin voting technologies
• Wisconsin election audits
• Wisconsin municipal and county clerks
• Wisconsin Ethics Commission (campaign finance)

The following information about the Wisconsin electoral landscape is based primarily on an analysis of Wisconsin statutes, augmented by other official documentation.  Citations to statutes and other sources are provided in the text.  The focus of the research was on the election law that governed the conduct of the 2016 election.

Institutional Arrangements

The six-member Wisconsin Elections Commission, headed by a commission administrator, is responsible for administering elections in the state. Wis. Stat. Ann. § 5.05. Municipal clerks have general supervisory powers over elections and voter registration in their jurisdictions. Wis. Stat. Ann. § 7.15(1). They provide and maintain election equipment, issue notices and publications regarding the conduct of elections and registrations, and prepare ballots for municipal elections. Id. Municipal clerks also train and remove election officials, report fraud or irregularities, review petitions and nomination papers, and process absentee ballots. Id. County clerks prepare and provide the ballots for elections other than municipal elections. Wis. Stat. Ann. §7.10.

Every city with a population over 500,000 (currently only Milwaukee) and every county with a population over 750,000 has a 3-member board of election commissioners. Wis. Stat. Ann. § 7.20. The city mayor or county executive picks two commissioners from the majority party and one from the minority. Wis. Stat. Ann. § 7.20(2).

Voter Registration

1. Who is Eligible?    

Any U.S. citizen who is 18 years or older and has resided in a Wisconsin election district or ward for ten consecutive days prior to the election is eligible to vote. Wis. Stat. Ann. § 6.02(1). (The relevant statute requires 28 days of consecutive residency, but in 2016 a federal district court permanently enjoined Wisconsin from enforcing the 28-day residency requirement on the basis that it unconstitutionally burdened residents’ right to vote. One Wisconsin Inst., Inc. v. Thomsen, 198 F. Supp. 3d 896, 944 (W.D. Wisc. 2016).) Those convicted of felonies are not qualified to vote until they have completed their term of imprisonment or otherwise satisfied their sentence. Wis. Stat. Ann. §§  6.03(1)(b), 304.078(2).

2. How to Register

Wisconsin voters may register either on Election Day or in advance of an election. For advance registration, voters may register in person at the municipal clerk’s office or the office of the county clerk, Wis. Stat. Ann. § 6.28; by mail using a form available at any municipal clerk’s office, Wis. Stat. Ann. §§ 6.30(4); or electronically through a secure website established and maintained by the state Elections Commission, Wis. Stat. Ann. § 6.30(5). The deadline for advance registration is the third Wednesday preceding an election. Wis. Stat. Ann. § 6.28. Voters also may register at the polls on Election Day by certifying they have lived in the district the required number of days immediately preceding the election and showing some form of identification that proves residency. Wis. Stat. Ann. § 6.55.

3. Registration Database

The Wisconsin Elections Commission is responsible for compiling and maintaining an electronic registration list, which is accessible to the general public. Id. at § 6.36. The commission updates the list periodically to reflect individuals who are deceased or are no longer eligible to vote because of inactivity. Wis. Stat. Ann. § 6.50. Under its voter inactivity provisions, Wisconsin issues notices to registered voters who have not voted within the previous four years. Id. at §6.50(1). If the voters fail to respond, their status on the list is changed from “eligible” to “ineligible.” Id. 

The Wisconsin Elections Commission considers its voter registration database to be a “hybrid system,” meaning that data is entered locally, but the state elections commission administers the database centrally.  U.S. E.A.C. Statutory Overview 2016, 10.

Challenges to Voter Eligibility

1. Who Can Challenge?

Before Election Day, the municipal clerk, the board of election commissioners, or a registered voter may challenge another voter’s eligibility. Wis. Stat. Ann. §§ 6.325; 6.48. On Election Day, poll workers (called “election inspectors”) and other voters may challenge the qualifications of another voter. Id. at §§ 6.92–.925. Election inspectors are also empowered to challenge the vote of absent voters. Id. at § 6.93.

2. Basis for the Challenge

In pre-Election Day challenges, the challenging municipal clerk, board of election commissioners, or registered voter must show “beyond a reasonable doubt” that the challenged voter is not properly registered. Wis. Stat. Ann. § 6.325. When another registered voter makes the challenge, the challenger must submit an affidavit to the municipal clerk, or the board of election commissioners in cities with a population over 500,000 (currently only Milwaukee), stating the reasons behind the challenge. Id. at § 6.48(1)(a), (2).

In Election Day challenges, election inspectors or other voters may challenge any voter they “know[] or suspect[] is not a qualified elector.” Id. at §§ 6.92 – .925. For absent voter challenges, inspectors may challenge “for cause.” Id. § 6.93. The statute places no other limits or guidance on what are appropriate bases for challenging absent voters. See id. 

3. Voting Process for a Challenged Voter

For pre-Election Day challenges levied by other registered voters, the municipal clerk must notify the challenged voter and hold a hearing within one week of such notification, except in cities with a population greater than 500,000 (currently only Milwaukee), for which a consolidated hearing before the board of election commissioners occurs on the last Wednesday before the election. Wis. Stat. Ann. § 6.48(1)(b). Both the challenging voter and the challenged voter appear at the hearing, where the challenging voter carries the burden of proof to show that the challenged voter is not a qualified voter. Id. at (1)(b)–(c). If the clerk or board determine that the challenged voter is unqualified, the voter’s registration is changed to ineligible. Id. at (1)(d).

For Election Day challenges, the challenged voter must answer a series of questions to test their qualifications and must give an oath swearing to the voter’s qualifications to vote in the particular election. Id. at § 6.92–.925. If the challenged voter answers the questions and gives the oath successfully, the voter will be entitled to vote by regular ballot. Id. However, challenged voters’ ballots are marked to denote that their vote was challenged. Id. at § 6.95.

Provisional Voting

1. Who Can Vote Provisionally?

Wisconsin allows for provisional voting in two circumstances: (1) when a voter is unable to provide proof of residence or proof of identification at the polls on the day of the election, and (2) when a voter who votes by absentee ballot fails to provide proof of residence. Wis. Stat. § 6.97(1). In the latter circumstance, the absentee ballot is simply marked and treated as a provisional ballot until the individual provides proof of residence. Id. at (2)–(3).

2. Provisional Voting Process

In order to vote provisionally, an individual must execute a written affirmation stating that the person is a qualified elector of the ward or election district in which the person wishes to vote. Wis. Stat. § 6.97(1). Election inspectors then provide the voter with an envelope marked “Ballot under s. 6.97, stats.” and a provisional ballot; both the envelope and the ballot must include the serial number from the election poll list corresponding to the individual. Id. The voter then can fill out and submit the provisional ballot. In the case of absentee ballots that are treated as provisional ballots because the voter failed to provide proof of residence, election inspectors must write on the back of the ballot the serial number kept on the election poll list corresponding to the individual. Id.

3. Counting Provisional Ballots

Upon being informed by election inspectors of the receipt of provisional ballots, the municipal clerk or executive director of the board of election commissioners is required to notify the board of canvassers for each municipality of the number of provisional ballots cast in each ward or election district. Wis. Stat. § 6.97(3)(b). The municipal clerk or executive director of the board of election commissioners is then responsible for determining whether each provisional voter is qualified to vote in the ward or election district in which the provisional ballot was cast. Id. This process requires that individuals who failed to provide proof of identification or residence at the polls provide such proof to the municipal clerk or executive director of the board of election commissioners no later than 4 p.m. on the Friday after the election. Id. If a provisional voter fails to provide proof of identification or residence, the ballot will not be counted. Id. at § 6.97(3)(c).

Early and Absentee Voting

1. General Eligibility

All qualified voters who for any reason are not able or not willing to “appear at the polling place” on Election Day may request an absentee ballot. Wis. Stat. Ann. §§ 6.20, 6.85. A voter who is physically limited by age, physical infirmity, or disability may sign a statement that requires an absentee ballot to be sent to that voter for every election. Wis. Stat. Ann. § 6.86(2)(a). Wisconsin explicitly distinguishes absentee voting from the constitutional right to vote, stating that “voting by absentee ballot is a privilege exercised wholly outside the traditional safeguards of the polling place,” which must be “carefully regulated to prevent the potential for fraud or abuse.” Wis. Stat. Ann. § 6.84.

2. Regular Absentee Voting Logistics

 An absentee ballot may be obtained by an in-person written application, mail, or electronically. Wis. Stat. Ann. § 6.86.  In-person applications may be made no earlier than fourteen days preceding the election and no later than the Sunday preceding the election. Mail applications must be received by 5:00 p.m. on the fifth day immediately preceding the election. Wis. Stat. Ann. § 6.86b.

The governing body of a Wisconsin municipality may designate a site “as near as practicable to the office of the municipal clerk or board of election commissioners,” as well as additional absentee voting sites, where electors may request and return absentee ballots. Wis. Stat. Ann. § 6.855. Determinations of absentee voting sites, which cannot afford an advantage to any political party, must be made at least fourteen days before absentee ballots become available.

3. Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”) Voters

Wisconsin provides a separate absentee voting process for military voters under Wis. Stat. Ann. § 6.22. These electors typically use the ballot for the ward or district where they resided prior to becoming a military elector. Wis. Stat. Ann. § 6.22b(2)(a). These voters are not required to register as a prerequisite to voting in any election. Wis. Stat. Ann. § 6.22(c)(3). However, a military voter’s application for an absentee ballot must be received by 5:00 p.m. on the Friday immediately preceding the election. Wis. Stat. Ann. § 6.86(c). Each municipal clerk must keep an up-to-date list of all eligible military electors, which shall contain the elector’s name, last known military residence, and military mailing address. Wis. Stat. Ann. § 6.22(6). When the municipal clerk receives a timely request for a military elector ballot, the clerk shall transmit a ballot for all elections that occur in the elector’s municipality. Wis. Stat. Ann. § 6.22(c)(4). Absentee votes cast by military electors are marked, returned, deposited, and recorded in the same manner as other absentee ballots. Wis. Stat. Ann. § 6.22(5).

Separate from military electors, Wisconsin provides absentee voting for overseas electors under Wis. Stat. Ann. § 6.24. Otherwise qualified U.S. citizens who were domiciled in Wisconsin prior to departing the United States, and who are not registered to vote in any other state or territory, may vote under this section. Overseas electors cast the ballot of the ward or district in which they, or their parent, was last domiciled prior to leaving the United States. Such voters must register in this municipality by mail or by electronic application under Wis. Stat. Ann. § 6.30. Once registered, an overseas elector may request a ballot in writing under Wis. Stat. Ann. § 6.86. Upon receipt of this application, the municipal clerk will send a ballot to the overseas elector as soon as possible. These ballots must be marked, deposited, and recorded in the same manner as absentee ballots.

Voting Technology

Wisconsin uses a mix of optical scan and touchscreen voting methods, with some limited use of hand-counted paper ballots. Municipal election boards determine the voting technology used in their jurisdiction. Wis. Stat. Ann. § 5.40. All voting devices and tabulating equipment must be certified by the state Elections Commission. Wis. Stat. Ann. § 5.91(1)-(5). The machines must secure the secrecy of votes, permit voting for nominees of either party (except in primaries), allow write-ins, and accommodate referenda. Wis. Stat. Ann. § 5.91(1)-(5).

The Wisconsin Elections Board maintains a list of voting technologies used by each municipality at the following link.

Polling Place Operations

1. Designation of Polling Place Locations

The board of election commissioners is responsible for establishing polling place locations in Wisconsin cities with a population of over 500,000 (currently only Milwaukee). Wisc. Stat. § 5.25(2). In all other municipalities, the applicable governing body is responsible for establishing polling place locations. Id. All polling places should be public buildings, unless the use of a public building is “impracticable,” and all polling place locations must be established at least 30 days prior to each election. Id. at §§ 5.25(1), (3). A single polling place may serve more than one precinct. Id. at 5.25(5)(c).

2. Election Day Officials

Polling places in which voting machines are used must have a minimum of five poll workers or “inspectors.” Wis. Stat. Ann. § 7.30(1). Inspectors are chosen from lists provided by each of the two dominant political parties, unless a party fails to provide a list, in which case inspectors may be appointed without regard to party. Wis. Stat. Ann. § 7.30(4). The party that received the most votes in the prior Presidential or gubernatorial election in the ward has one more inspector than the other party. Id.

Election inspectors are, generally, responsible for preserving order within the polling places and facilitating balloting procedure, the maintenance of poll books, and the closing of the polls, among other duties. Id. at § 7.37. Among the election inspectors at a polling place, a “chief election inspector” directs the activities of the other election inspectors. Id. at § 7.36.

To serve as an election inspector, individuals must be a qualified voter of the county in which the individual seeks to serve. Id. Further, election inspectors must be able to read and write in English and cannot be a candidate for election during the election they seek to serve. Id. Additionally, high school students who are 16 or 17 years old and maintain at least 3.0 grade point average can serve as an election official at the polling place that serves their residence; however, in order for a high school student to serve, at least one election inspector, in addition to the “chief election inspector,” must be a qualified Wisconsin voter. Id.

3. Voting Procedure

On Election Day, Wisconsin polls open at 7 a.m. and remain open until 8 p.m. Wisc. Stat. § 6.78. To vote in-person on Election Day, voters must state their full name and address, and present proof of identification to election officials. Id. at § 6.79(2). Election officials are then responsible for verifying that the name on the proof of identification matches the name on the poll list and that any photograph appearing on the identification document reasonably resembles the individual. Id. After this verification, the individual must sign the poll list, and the officials again verify that the name and address stated by the individual conform to the name and address on the poll list. Id. Upon completion of this process, the individual may proceed to vote. Wisconsin authorizes the use of electronic poll books to facilitate these processes. Id. at § 6.79(1m).

Forms of identification that are acceptable for voting are described at this Wisconsin Elections Board link.

Vote Counting and Recounting

Immediately after the polls close, election inspectors tally all votes at their polling place. Wis. Stat. Ann. § 7.51. Inspectors then assemble all ballots together under seal and send them to the municipal clerk. Wis. Stat. Ann. § 7.51(3). In the week following the election, the county boards of canvassers publicly open and examine the returns. Wis. Stat. Ann. § 7.60(3). The state Elections Commission then certifies the results and delivers them to the governor. Wis. Stat. Ann. § 7.703(d) & 5(a)-(b).

Wisconsin law does not provide for any automatic recounts, but any candidate may petition for a recount. Wis. Stat. Ann. § 9.01(1). The candidate must have an informed belief that a mistake or fraud has occurred. Id.  Depending on the margin, the challenger may have to pay a fee. Wis. Stat. Ann. § 9.01(1)(ag). For a referendum, any elector who voted may petition for a recount. Wis. Stat. Ann. § 9.01(1)(a)1.

Post-Election Audits

Voting equipment must be audited after every General Election.  Wis. Stat. §7.08(6).  Details pertaining to auditing requirements for particular elections are described in this Wisconsin Elections Board link.

Campaign Finance Regulation

Wisconsin limits the amount of money that individuals and groups can contribute to candidates for elected office. For specific limits, see this link on the Wisconsin Ethics Commission website.

All candidates, campaign committees, and political action committees must file regular campaign financing reports with the Wisconsin Ethics Commission.

The Wisconsin Ethics Commission website contains a great deal of additional information about campaign finance in the state.

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