Elector Challenges

A text version of the brochure is below.

What are Elector Challenges?

Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector.

WIS. STAT. § 6.925.

A voting challenge is when someone claims a person is not qualified to vote, whether they are voting in person or absentee.

Who Can Make a Challenge?

Only eligible voters (called electors) can challenge someone for cause.

Challengers must be:

  • Over the age of 18
  • U.S. citizens
  • Residents of Wisconsin
  • Eligible to vote in Wisconsin (they do not need to be registered to vote)

WIS. STAT. § 6.925; WIS. ADMIN. CODE EL §§ 9.02 – 9.06.

What is a proper challenge?

All challenges must be “for cause.” The term “for cause” has a specific legal meaning, and it relates to the qualifications of the challenged voter.

Specifically, a voter may only be challenged for the following reasons:

  • The elector is not a U.S. citizen.
  • They are not 18 or older.
  • They do not reside in the district where they are trying to vote.
  • They have a felony conviction and are still serving their sentence.
  • They have been adjudicated incompetent by a judge with a loss of voting rights.
  • They already voted in the same election.

WIS. STAT. § 6.925; WIS. ADMIN. CODE EL §§ 9.02, 9.04.

What cannot be challenged?

Challenges based on race, ethnicity, not speaking English, or other unsubstantiated claims are not allowed.

An elector cannot challenge:

  • absentee certificate and application
  • adherence to other voting requirements

Absentee Challenges

If someone is voting by absentee ballot, their qualifications can still be challenged by another elector, using the same process as if they were voting in person.

WIS. STAT. § 6.93.

Administering Challenges

If a person is challenged as unqualified by an elector, election inspectors must follow the procedures in WIS. Admin. Code EL §§ 9.02 – 9.06.

Inspectors should use form EL-104c to administer the challenge.

One of the inspectors may administer the oath or affirmation to the challenged and challenging electors and ask the electors appropriate questions to test the elector’s qualifications.

WIS. STAT. § 6.92.

What a challenge looks like

When a voter is challenged, the election inspector will:

  • Ask both the person challenging and the person being challenged, if present, to take an oath.
  • The person being challenged will be asked questions to determine if they are allowed to vote.
  • The inspectors will use the procedures spelled out in statute and administrative code to determine if the challenged elector will be issued a ballot.

WIS. STAT. § 6.92; WIS. ADMIN. CODE EL §§ 9.02 – 9.06.

Penalties for Misuse

Any elector who abuses the right to challenge under WIS. Stat. § 6.925 may be subject to sanctions available to inspectors under WIS. Stat. § 7.41(3). The chief inspector of a polling place or the municipal clerk may order the removal of any such person if the person disrupts operations or violates WIS. Stats. §§ 12.03(2) or 12.035

WIS. STAT. §§ 7.41(3), WIS. ADMIN. CODE EL § 9.02.