Election Law @ Moritz (State-by-State Coverage: Wisconsin)

Wisconsin

Complete coverage for Wisconsin can be found below. (Return to States List)

Swing State Focus

Absentee Ballots: Will absentee voters be notified of mistakes on their ballot and be given an opportunity to correct those mistakes?

The municipal clerk reviews the certificate envelop when it is returned for any errors. If errors are found, the clerk should contact the voter. Voter can then spoil the previous ballot and vote a new ballot, if the absentee request deadline has not passed. The voter can also correct the certificate envelope by mail, in the clerk’s office, or at the polling place on Election Day, but again, must do so before the absentee request deadline has passed. Government Accountability Board at http://gab.wi.gov/sites/default/files/publication/65/uniform_instructions_regular_and_overseas_rev_201_15872.pdf.

If the voter fails to provide proof of residency, the ballot will be considered provisional. The municipal clerk must receive the proof of residency by 4:00 pm on the Friday after the election. Government Accountability Board at http://gab.wi.gov/sites/default/files/publication/65/uniform_instructions_first_time_voters_rev_2012__31343.pdf.
Absentee Ballots: How many absentee ballots were cast in 2008 and 2010, and what percentage of those were counted as valid ballots?

In 2008, 639,902 absentee ballots were cast, and 99.0 percent were counted. In 2010, 232,593 absentee ballots were cast, and 98.5 percent were counted. U.S. Election Assistance Commission, Election Administration and Voting Survey,

http://www.eac.gov/research/election_administration_and_voting_survey.aspx.
Absentee Ballots: What must a voter do to validate an absentee ballot (e.g. any witness requirement? ID requirement for mailed ballots?)

Voter must complete the ballot in the presence of one witness. The witness cannot be a candidate in the election, must be an adult U.S. citizen, and must verify that the voter is completing the ballot, but may not view the voter’s choices. The voter must sign the certificate on the envelope. The witness must also sign the certificate and provide his/her address. Voter must provide a photocopy of proof of residency inside the certificate envelope. Government Accountability Board at http://gab.wi.gov/sites/default/files/publication/65/uniform_instructions_regular_and_overseas_rev_201_15872.pdf.
Absentee Ballots: What is the last date on which an absentee ballot can arrive and still be counted?

The ballot must be received by Election Day or post-marked by Election Day and arrive at municipal clerk's office by the Friday after the election. WSA § 7.515.
Absentee Ballots: What is the latest date on which a voter can request an absentee ballot, and are those dates different for overseas and domestic voters?

When requesting an absentee ballot by mail, e-mail, or fax, the Application for an Absentee Ballot must be received by 5:00 p.m. on the 5^th day preceding the election. If requesting an absentee ballot in person, the request must be made before 5:00 p.m. or the close of business (whichever is later) on the Friday before the election. WSA § 6.86.

If a military voter requests a ballot by mail, the clerk must receive the request no later than 5:00 p.m. on the Friday before an election. If making a written request for an absentee ballot, a military voter has until 5:00 p.m. on Election Day to make the request. WSA § 6.86.

An overseas voter may request an absentee ballot up until the 5:00 p.m. on the 5th day before the election. WSA § 6.86.
Poll-worker Error: What does state law say about a ballot cast incorrectly or in the wrong place due to poll-worker error?

No information available.
Provisional Ballots: What is the last date on which a provisional ballot voter can provide information that validates the ballot?

Voter can provide the necessary information to the municipal or deputy clerk by 4:00 pm on the Friday after the election. Voter can also return to the polling place by 8:00 pm on Election Day. Government Accountability Board at http://gab.wi.gov/sites/default/files/publication/65/provisional_voting_instructions_for_voter_rev_20_95830.pdf.
Provisional Ballots: What kind of information is required to validate a provisional ballot?

Two situations warrant provisional voting: 1)the voter is voting for the first time, registered by mail, and fails to provide proof of residence, WSA 6.97; and 2) the voter registers on Election Day, has a Wisconsin driver’s license, and fails to provide the number. Government Accountability Board at http://gab.wi.gov/clerks/provisional-ballots.

Voter must provide the information to the municipal clerk before the 4:00 pm on Friday deadline. Government Accountability Board at http://gab.wi.gov/sites/default/files/publication/65/provisional_voting_instructions_for_voter_rev_20_95830.pdf.
Provisional Ballots: How many provisional ballots were cast in 2008 and 2010, and what percentage of those were counted as valid ballots?

In 2008, 211 provisional ballots were cast, and 44.5 percent of those ballots were counted. In 2010, 64 provisional ballots were cast, and 48.4 of those ballots were counted. U.S. Election Assistance Commission, Election Administration and Voting Survey,

http://www.eac.gov/research/election_administration_and_voting_survey.aspx.
Provisional Ballots: Is there an affidavit alternative for verifying the ID requirements for a provisional ballot?

No. Identification requirments are currently not in effect.
Provisional Ballots: Will provisional ballots count for the races for which a voter was in the correct location, even if in the wrong precinct for lower-ticket votes?

Provisional ballots are not given when a voter is at the wrong polling place. Government Accountability Board at http://gab.wi.gov/clerks/provisional-ballots. Individuals who have lived in the state fewer than 28 days may vote only a presidential ballot. Government Accountability Board at http://gab.wi.gov/sites/default/files/publication/154/voter_eligibility_9_12_pdf_18552.pdf.
Recount Resources: Does the state have an automatic recount, and how is it triggered?

No.
Recount Resources: May a candidate request a recount?

Any candidate, or an elector in a referendum, may petition for a recount not later than 5:00 pm on the third business day after the last canvass. The petitioner will have to pay a fee unless the difference is not more than .05%. WSA § 9.01.
Recount Resources: What is the date for certification (how many days after the election)?

The county board of canvassers must deliver its statement to the government accountability board no later than 14 days after a general election. The government accountability board certifies on or before the first day of December following a general election. However, the governor signs the certificates for presidential electors, and they are delivered on or before the first Monday after the second Wednesday in December. WSA § 7.70.
Voter ID: On what date did the voter ID requirement become effective?

A new voter id requirement was enacted on 5/25/11requiring photo ID. However, the law was declared unconstitutional by League of Women Voters of Wisconsin v. Walker on 3/12/12. The identification requirements currently in effect are provided at Wis. Stat. sec. 6.79 (last amended in 2007).
Voter ID: Is there an affidavit alternative available to use on Election Day for persons without the required ID?

No. Currently, ID is not required on Election Day.
Voter ID: What is the ID requirement to vote?

Wisconsin currently has no ID requirement on Election Day. Voters must register by mail, at the municipal clerk's office, or at the polling place on the day of election, with valid proof of residence. Registration must list the driver’s license number if voter has a Wisconsin driver’s license or the last four digits of their social security numbers or the voter's state ID card number. Government Accountability Board, at http://gab.wi.gov/sites/default/files/publication/154/voter_registration_9_12_pdf_19989.pdf. The issue is currently in litigation in League of Women Voters of Wisconsin v. Walker.