Voting laws in Wisconsin
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The following are voting laws Citizens in State of Wisconsin should know before going to the polls.
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Registering to Vote
Wisconsin has a simple voting registration system. In Wisconsin, there is same day registration at the polls. When registering, a voter does not need to declare a party preference like in other states.
As of January 1, 2006, all municipalities in Wisconsin require voter registration prior to a person being allowed to vote.
The Federal "Help American Vote Act (HAVA) of 2002" requires any person registering to vote to:
1. Supply his or her Wisconsin Department of Transportation (WISDOT) issued driver's license number. If the elector has not been issued a Wisconsin driver's license, he/she must provide the last 4 digits of their Social Security Number OR their Wisconsin state ID card number. If the elector does not have a current, valid Wisconsin driver's license, Wisconsin state ID card, or Social Security Number, the applicant may indicate this by filling in the appropriate circle on the registration form. THE REGISTRATION CANNOT BE PROCESSED UNTIL THE ELECTOR PROVIDES THIS INFORMATION.
If the voter has a current, valid Wisconsin driver's license but does not know the number and did not bring it to the polling place, poll workers should allow the voter to vote by provisional ballot. (Note: the voter CANNOT use the last 4 digits of their Social Security Number if he or she has been issued a Wisconsin driver's license). The provisional ballot will not be counted until the voter either:
- brings his or her driver's license number to his or her polling place before the polls close at 8:00 pm on Election Day; or
- transmits (via fax, email, telephone call or personal visit) his or her driver's license number to the municipal clerk before 4:00 pm on the day after the Election.
How to Register to Vote in Wisconsin
1. By Mail- A voter can go on the internet and download and print the Application for Voter Registration, complete the form and mail it to their repsective City, Village, or Town Clerk's Offoce. The application must be postmarked no later than the Wednesday, October 15, 2008 for the Presidential Election. Note that Wisconsin and federal law now requires that any first-time voter submitting a registration application by mail provide a copy of an acceptable identifying document that provides proof of residence. (A first-time voter is an individual who has not voted in an previous election in Wisconsin.) Acceptable forms of proof of residence are outlined below. Please note that first-time voters registering by mail may not use a residential lease as proof of residence. The copy of the form of proof of residence must be included when submitting the registration application. If a copy of proof of residence is not included, the elector will be required to supply it before being issued a ballot at the polling place or before being issued an absentee ballot in the municipal clerk's office.
2.In Person-A Voter can go their respective Town, City, or Village Clerk's before the close of registration which is Wednesday, October 15, 2008. Voters can also register at your respective clerk's office to 5:00 PM or the close of business whichever is later on the day before the election. Note: After the Register by mail deadline, an elector voting in person at their respective clerk's office is required to present acceptable proof of residence as outlined below.
3.At the polling place on Election Day-If you wish to register to vote at your polling place, you must bring proof that you have lived at your present location for at least 10 days preceding the election. For purposes of voter registration, acceptable forms of proof of residence must include:
- A current and complete name, including both the given and family name; and
- A current and complete residential address, including a numbered street address, if any, and the name of a municipality.
Forms with an expiration date must be valid on Election Day
Proof of Residence
The following constitute acceptable Proof-of-Residence if the document contains the information specified above:
- A current and valid Wisconsin driver's license.
- A current and valid Wisconsin identification card.
- Any other official identification card or license issued by a Wisconsin governmental body or unit.
- Any identification card issued by an employer in the normal course of business and bearing a photo of the card holder, but not including a business card.
- A real estate tax bill or receipt for the current year or the year preceding the date of the election.
- A residential lease which is effective for a period that includes election day (NOT for first-time voters registering by mail).
- A university, college or technical institute fee card (must include photo).
- A university, college or technical institute identification card (must include photo).
- A gas, electric or telephone service statement (utility bill) for the period commencing not earlier than 90 days before election day.
- Bank statement.
- Paycheck.
- A check or other document issued by a unit of government (County, State, or Federal).
Absentee Ballots
Wisconsin allows absentee balloting, although there is no in-person early voting like some other states have.
In Wisconsin, a voter can request an absentee ballot by:
1.By Mail
Any voter can go on the website of the Wisconsin Government Accountability Board amd download the Wisconsin Application For Absentee Ballot. Complete the form and mail it to your respective clerk's office. The application must be received by the clerk no later than 5:00 PM on the Thursday before the election in order for an absentee ballot to be mailed to you.
2. In-Person at your City/Village/Town Clerk's Office
This can be done up until 5:00 PM on the day before the election. If you apply for an absentee ballot in your municipal clerk's office, you must vote immediately, seal your ballot in the proper envelope, and return it to a member of the clerk's staff. No ballots may be taken from the clerk's office.
Deadline for Returning Ballot
The completed ballot must be received by the municipal clerk no later than the day of the election so that it can be delivered to the polling location by 8 PM.
Military Personnel Voting Laws in Wisconsin
In Wisconsin a military voter is described as a:
- Member of a uniformed service on active or reserve duty-Army, Navy, Air Force, Marines, US Coast Guard
- Member of the merchant marines,
- Civilian employee of the United States,
- Civilian officially attached to a member of the uniformed service who is serving outside the United States,
- Peace corps volunteer, or Spouse and dependent of those listed.
The absentee voting procedures distinguish between military electors on active duty who, by reason of that duty, are absent from the residence where the member is otherwise qualified to vote, and those who, while on active duty, are not absent from the residence.
Military electors are not required to register indvidually with the Wisconsin Government Accountability Board. The Federal Post Card Application (FPCA) form, however, serves as both a voter registration application and an absentee ballot request for overseas electors.
The request for absentee ballot must be made in writing by using a:
- a letter (providing it gives all required information and is signed by elector);
- the application for absentee ballot (EB-121);
- the federal post card application form (FPCA); or,
- a faxed or e-mailed request. If the request is submitted by FAX or e-mail, an original request, which must include an original signature from the voter, must be submitted by the deadline for absentee ballots. The original request may be submitted with the absentee ballot.
Like the application for absentee ballot, the FPCA does not require a witness.
Wisconsin Laws dictate that Absentee Ballot requests for all military personnel are due by:
- An absentee ballot request from a military elector who is not, due to active duty, absent from the residence where the member is otherwise qualified to vote, must be received by mail no later than 5:00pm on the 4th day prior to election day (the Friday before a Tuesday election).
- An absentee ballot request from a military elector on active duty who, by reason of that duty, is absent from the residence where the member is otherwise qualified to vote must be received (not postmarked) by the municipal clerk no later than 5:00pm on election day.
o NOTE: this provision only applies to the September primary and November general election. A military certificate envelope without a postmark or with an illegible postmark that arrives within the required timeframe is presumed to have been mailed on or before Election Day unless established by a preponderance of the evidence to the contrary.
Wisconsin National Guard Voters that are deployed on active duty
For Military Voters the Deadline to Register for Absentee Ballots are due by:
- Absentee ballots from military electors who are not, due to active duty, absent from the residence where the member is otherwise qualified to vote, must be received by the close of the polls (8:00pm) on election day.
- An absentee ballot from a military elector on active duty who, by reason of that duty, is absent from the residence where the member is otherwise qualified to vote that arrives by mail after the polls close and no later than 5 pm on the 7th day after the September primary or in the November general election, no later than 5 pm on the 10th day after the election, is counted if the ballot is postmarked no later than Election Day[2].
Non-Military Overseas Voters
Wisconsin Laws dictate a (non-military) overseas voter as a:
- is a United States citizen,
- is 18 years or older,
- resided in Wisconsin before leaving the United States,
- is now living outside the U.S. with no present intent to return, and not registered to vote in any other location,
- is an adult child of U.S. citizens who resided in this state prior to establishing residency abroad.
NOTE: if an individual is temporarily overseas on election day, that individual may register and vote like any other elector and is not considered an overseas elector.
Wisconsin law requires that (non-military) Overseas electors must register to vote. First-time overseas voters are not required to provide identification.
If an overseas elector has not registered, he or she must submit a Wisconsin voter registration application (EB-131). The Federal Post Card Application (FPCA) form serves as both a voter registration application and an absentee ballot request for overseas electors.
When making a request for absentee ballot the request for absentee ballot must be made in writing. An overseas voter may use:
- A letter (providing it gives all required information and is signed by elector),
- The application for absentee ballot (EB-121) ,
- The federal post card application form (FPCA)
- A faxed request (the original must be mailed and postmarked on the same day).
Overseas voters in Wisconsin receive ballots for federal offices only (U.S. President, U.S. Senator, Representative in Congress). An absentee ballot request from an overseas elector is effective for two successive general elections. Military personnel can recieve ballots for all levels of elections in Wisconsin including State, County, and Federal Elections
An overseas voter may request that an absentee ballot be faxed or e-mailed to him/her. A faxed or e-mailed ballot must be returned by mail. Ballots cannot be returned by FAX or via e-mail.
When Ballots from Overseas Voters are Due:
- All overseas (non-military) absentee ballots must be received by mail by election day so that ballots can be delivered to the polling place by 8:00pm[3].
Wearing Campaign Clothing
Wisconsin has no law against voters wearing campaign t-shirts or sweatshirts to the polls, Anyone in line with a button or a T-shirt will be just fine as long as no voter is causing undue attention to themselves, but obsevers who watch the polls for campaigns are not allowed to wear campaign buttons or T-shirts[4].
Campaigning In front of a Polling Place
Wisconsin law prohibits any electioneering or campaigning within 100 feet of a polling place[5]. Some counties in Wisconsin may have more stricter requirements.
Notes
Information copied and provided from the City of Milwaukee Election Commission and the Wisconsin Government Accountablity Board'
