Challenge Procedures Review

1.    Purpose.  The purpose of this memorandum is to provide a broad overview of Wisconsin law relating to the challenge processes. No new guidance is contained in this memorandum, but clerks and chief inspectors may find it helpful as a one-stop resource ahead of the General Election.

2.    Background.  Wisconsin law permits election inspectors and other electors to challenge voters seeking to cast their ballots only in limited, specified circumstances and prescribes the procedure to follow when handling those challenges. 

A voter can be challenged for cause by an election inspector or other elector based on personal knowledge or suspicion that the voter is not a qualified elector only on the following grounds:
•    The challenged voter is not a citizen;
•    The challenged voter is not 18;
•    The challenged voter has not resided in the election district for at least 28 consecutive days;
•    The challenged voter has a felony conviction and has not had their civil rights restored;
•    The challenged voter has been adjudicated incompetent; or
•    The challenged voter has voted previously in the same election.
Wis. Admin. Code EL §§ 9.01, 9.02

A voter can be challenged for cause by only an election inspector based on the following grounds:
•    Refusal to sign poll book where physical disability does not prevent signing of poll list. Wis. Stat. § 6.79(2)(am)
•    Any other failure to adhere to voting requirements. Wis. Stat. § 6.92(1)

Although the statutory list provides only six reasons for an elector to challenge, there are a wide variety of circumstances and situations that can arise during a challenge. For this reason, we recommended that clerks discuss these matters with their municipal attorneys as appropriate.

3.    The Challenge Process.
    
What is the challenge process? What's required for a valid challenge to occur?
See the Election Day Manual section “Challenging Electors” starting on page 73.

When there is reason to believe that an elector does not meet the qualifications to vote or has not adhered to any voting requirement, the elector may be challenged. Only election inspectors may challenge an elector for failing to adhere to a voting requirement. If an election inspector is offering the challenge, another election inspector should administer the process.

The election inspectors should use discretion when administering a challenge and attempt to carry out and document the challenge in a calm and respectful manner. All challenges are recorded using the Challenge Documentation section (EL-104c) of the Inspectors’ Statement (EL-104). The form lists the procedures to follow, and questions used to establish and administer the challenge. The challenge process will be abbreviated when challenging an absentee ballot.

1)    When a challenge is made, the challenging elector is placed under oath and asked to make a sworn statement giving the reason for the challenge. 

2)    The challenging elector is then questioned by the election inspector using the questions on the Challenge Documentation form (EL-104c) to provide reasonable support for the challenge. 

3)    After the challenge has been made and supported under oath, the challenged elector is placed under oath and asked to make a sworn statement in response to the challenge. Indicate “Sworn” on the poll list after the challenged elector’s name. If the challenged elector refuses to make a statement under oath, the elector shall not be given a ballot or permitted to vote. 

4)    Once the challenged elector has responded to the challenge, the challenging elector has the opportunity to withdraw his or her challenge. If the challenge is withdrawn, a ballot is issued with no special marks, a notation is made in the Inspectors’ Statement (EL-104), and no mark is made on the poll lists.

5)    If the challenge is not withdrawn, the election inspector administers the “Oath of Eligibility” to the challenged elector. Once the oath has been made by the elector, a ballot is issued with the voter number and “Section 6.95” marked on the back of the ballot.

6)    Once the challenged elector has marked the ballot, it is placed by the elector into the ballot box.

7)    The entire Challenge Documentation (EL-104c) is completed and attached to the Inspectors’ Statement (EL-104).

8)    A notation “Challenged” and the reason for the challenge is made on the poll lists and the appropriate sections of the Inspectors’ Statement (EL-104) are completed by the election inspector. 

What if the challenge process becomes disruptive to the polling place?
See the Election Day Manual section “Conduct of Observers” starting on page 83, also included below.

While observers are present, they are prohibited from electioneering or interfering with the orderly conduct of the election and/or election administration event. Any observer who engages in loud, boisterous, or otherwise disruptive behavior with other observers or voters that the election official believes threatens the orderly conduct of the activity or interferes with voting may receive a warning from the election official. 

If a warning has been issued, and the offending observer continues the disorderly behavior, the chief inspector should order the offending observer to depart the location. If the offending observer declines or otherwise fails to comply with the chief inspector’s order to depart, the chief inspector should summon local law enforcement to remove the offending observer. 

4.    Statutory References.  Select statutory references relevant to the challenge process are attached to this memorandum as Annex A. 

5.    Administrative Code References. The full text of Wis. Admin. Code Chapter EL 9 is found here https://docs.legis.wisconsin.gov/code/admin_code/el/9.pdf and contains the questions and processes to be used during challenges. These questions are also found in the EL-104c form to be used during the challenge. 

6.    Poll Worker Training Video.  A previously produced training video on Special Procedures covers the challenge process and can be found here: https://vimeo.com/showcase/9655210 

7.    Relevant forms.  Forms are available on the WEC website.
Challenge Documentation: https://elections.wi.gov/wec-form/challenge-documentation-el-104c-104cs
Order to Leave Polling Place: https://elections.wi.gov/search?search=EL-110 

8.    Questions.  Please direct any questions about this communication to the Help Desk at @email or 608-261-2028.
  

Annex A

Wis. Stat. § 5.02(24r) Definitions.

“Voting machine” means a machine which serves in lieu of a voting booth and which mechanically or electronically records the votes cast by electors, who depress levers or buttons located next to the choices listed on a ballot to cast their votes.

Wis. Stat. § 5.40(4) Use of voting machines or systems.

Notwithstanding sub. (1), a municipality which utilizes voting machines at a polling place shall not utilize a voting machine to receive the ballot of an elector who receives assistance
under s. 6.82 (1) (a) or whose vote is challenged under ss. 6.92 to 6.94. 

Wis. Stat. § 6.02(3) Qualifications, general.

(3) No person may be denied the right to register to vote or the right to vote by reason that the person is alleged to be incapable of understanding the objective of the elective process unless the person has been adjudicated incompetent in this state . . . .

Wis. Stat. § 6.15(5) New residents, presidential voting

Any new resident’s vote may be challenged for cause in the manner provided in ss. 6.92 to 6.95.

Wis. Stat. § 6.29(2)(am) Late registration in person.

The commission shall provide to each municipal clerk a list prepared for use at each municipal clerk’s office 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 municipality, and whose name does not appear on the registration list for that municipality. Prior to permitting an elector to register to vote under this subsection, the municipal clerk shall review the list. If the name of an elector who wishes to register to vote appears on the list, the municipal clerk shall inform the elector that the elector is ineligible to register to vote. If the elector maintains that he or she is eligible to vote in the election, the municipal clerk shall permit the elector to register to vote but shall mark the elector’s registration form as “ineligible to vote per Department of Corrections.” If the elector wishes to vote, the municipal clerk shall challenge the elector’s ballot in the same manner as provided for inspectors who challenge ballots under s. 6.79 (2) (dm).

Wis. Stat. § 6.325.  Disqualification of electors

No person may be disqualified as an elector unless the municipal clerk, board of election commissioners or a challenging elector under s. 6.48 demonstrates beyond a reasonable doubt that the person does not qualify as an elector or is not properly registered. If it appears that the challenged elector is registered at a residence in this state other than the one where the elector now resides, the municipal clerk or board of election commissioners shall, before permitting the elector to vote, require the elector to properly register and shall notify the municipal clerk or board of election commissioners at the former residence. The municipal clerk or board of election commissioners may require naturalized applicants to show their naturalization certificates.

Wis. Stat. § 6.55(2)(cs) Polling place registration.

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).

Wis. Stat. § 6.79(2) Recording electors.

(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 he 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. . . .

(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.

Wis. Stat. 6.79(4) Recording electors.

. . . . 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”.

Wis. Stat. § 6.82(1)(b) Assisting Electors.

(b) If objection to receiving the ballot is made by any qualified elector present, the inspectors shall receive the ballot under s. 6.95.

Wis. Stat. § 6.88(3) Voting and recording the absentee ballot.

(a) Except in municipalities where absentee ballots are canvassed under s. 7.52, at any time between the opening and closing of the polls on election day, the inspectors shall, in the same room where votes are being cast, in such a manner that members of the public can hear and see the procedures, open the carrier envelope only, and announce the name of the absent elector or the identification serial number of the absent elector if the elector has
a confidential listing under s. 6.47 (2). When the inspectors find that the certification has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, they shall enter an indication on the poll list next to the applicant’s name indicating an absentee ballot is cast by the elector. They shall then open the envelope containing the ballot in a manner so as not to deface or destroy the
certification thereon. The inspectors shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been endorsed by the issuing clerk. . . .

(b) When the inspectors find that a certification is insufficient, that the applicant is not a qualified elector in the ward or election district, that the ballot envelope is open or has been opened and resealed, that the ballot envelope contains more than one ballot of
any one kind or, except in municipalities where absentee ballots are canvassed under s. 7.52, that the certificate of a military or overseas elector who received an absentee ballot by facsimile transmission or electronic mail is missing, or if proof is submitted
to the inspectors that an elector voting an absentee ballot has since died, the inspectors shall not count the ballot. The inspectors shall endorse every ballot not counted on the back, “rejected (giving the reason)”. The inspectors shall reinsert each rejected ballot into the certificate envelope in which it was delivered and enclose the certificate envelopes and ballots, and securely seal the ballots and envelopes in an envelope marked for rejected absentee ballots. The inspectors shall endorse the envelope, “rejected ballots” with a statement of the ward or election district and date of the election, signed by the chief inspector and one of the inspectors representing each of the 2 major political parties and returned to the municipal clerk in the same manner as official ballots voted at the election.
(c) The inspectors shall review each certificate envelope to determine whether any absentee ballot is cast by an elector whose name appears on the poll list as ineligible to vote at the election by reason of a felony conviction. If the inspectors receive an absentee ballot that has been cast by an elector whose name appears on the poll list as ineligible for that reason, the inspectors shall challenge the ballot as provided in s. 6.92 and treat the ballot in the manner provided in s. 6.95.

Wis. Stat. § 6.92 Inspector making challenge.

(1) Except as provided in sub. (2), each inspector shall challenge for cause any person
offering to vote whom the inspector knows or suspects is not a qualified elector or who does not adhere to any voting requirement under this chapter. If a person is challenged as unqualified by an inspector, one of the inspectors shall administer the following oath
or affirmation to the person: “You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding your place of residence and qualifications as an elector of this election”; and shall then ask questions which are appropriate as determined by the commission, by rule, to test the person’s qualifications.

(2) An inspector appointed under s. 7.30(2)(am) [high school election inspector] may not challenge any person offering to vote.

Wis. Stat. § 6.925 Elector making challenge in person.

Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an elector, one of the inspectors may administer the oath or affirmation to the challenged elector under
s. 6.92 and ask the challenged elector the questions under that section which are appropriate to test the elector’s qualifications. In addition, one of the inspectors shall administer the following oath or affirmation to the challenging elector: “You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding the challenged person’s place of residence and qualifications as an elector of this election”; and shall then ask questions which are appropriate as determined by the commission, by rule, to test the qualifications of the challenged elector.

Wis. Stat. § 6.93 Challenging the absent elector

The vote of any absent elector may be challenged for cause and the inspectors of election shall have all the power and authority given them to hear and determine the legality of the ballot the same as if the ballot had been voted in person. In municipalities where absentee ballots are canvassed under s. 7.52, the vote of an absentee elector may be challenged as provided in s. 7.52 (5).

Wis. Stat. § 6.935 Challenge based on incompetency.

Section 6.03 (3) applies to any challenge of a person’s right to vote under s. 6.92, 6.925, 6.93, or 7.52 (5) based on an allegation that an elector is incapable of understanding the objective of the elective process and thereby ineligible to vote.

Wis. Stat. § 6.94 Challenged elector oath.

If the person challenged refuses to answer fully any relevant questions put to him or her by
the inspector under s. 6.92, the inspectors shall reject the elector’s vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the inspectors shall administer to the person the following oath or affirmation: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 28 consecutive days have been a resident of this ward except under s. 6.02 (2); you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election”. If the person challenged refuses to take the oath or affirmation, the person’s vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the inspector under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person’s vote shall be received.

Wis. Stat. § 6.95 Voting procedure for challenged electors.

Whenever the inspectors under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been challenged, the inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the challenged person corresponding to the number kept at the election on the poll list, or other list maintained under s. 6.79, and the notation “s. 6.95”. If voting machines are used in the municipality where the person is voting, the person’s vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding serial number from the poll list or other list maintained under s. 6.79 and the notation “s. 6.95” written on the back of the ballot by the inspectors before the ballot is given to the elector. The inspectors shall indicate on the list the reason for the challenge. The inspectors shall then deposit the ballot. The challenged ballots shall be counted under s. 5.85 or 7.51. The municipal board of canvassers may decide any challenge when making its canvass under s. 7.53. If the returns are reported under s. 7.60, a challenge may be reviewed by the county board of canvassers. If the returns are reported under s. 7.70, a challenge may be reviewed by the chairperson
of the commission or the chairperson’s designee. The decision of any board of canvassers or of the chairperson or chairperson’s designee may be appealed under s. 9.01 [Recount]. The standard for disqualification specified in s. 6.325 [beyond a reasonable doubt] shall be used to determine the validity of challenged ballots.

Wis. Stat. § 7.37(2) Inspectors’ duties.

The inspectors shall possess full authority to maintain order and to enforce obedience to their lawful commands during the election and the canvass of the votes. They shall
permit only one person in a voting booth at a time and shall prevent any person from taking notice of how another person has voted, except when assistance is given under s. 6.82. They shall enforce s. 5.35 (5) and prevent electioneering and distribution of election−
related material from taking place in violation of ss. 12.03 and 12.035. If any person refuses to obey the lawful commands of an inspector, or is disorderly in the presence or hearing of the inspectors, interrupts or disturbs the proceedings, they may order any law enforcement officer to remove the person from the voting area or to take the person into custody.

Wis. Stat. § 7.37(10) Inspectors’ duties.

If any person is challenged for cause, the inspectors shall proceed under ss. 6.92 and 6.925 and with the aid of other provisions of ch. 6 as appear applicable, shall resolve the challenge.

Wis. Stat. § 7.41(3) Public’s right to access.

The chief inspector or municipal clerk may order the removal of any individual exercising the right under sub. (1) [Election observers] if that individual commits an overt act which does any of the following:
(a) Disrupts the operation of the polling place, clerk’s office, or alternate site under s. 6.855.
(b) Violates s. 12.03 (2) or 12.035. [Electioneering and improper posting of election-related material]

Wis. Stat. § 7.51(2) Local board of canvassers.

(c) . . . . During the count the inspectors shall count those ballots cast by challenged electors the same as the other ballots.
(d) The inspectors shall keep a written statement, in duplicate, of the number of ballots set aside and the number of defective ballots and challenged ballots. The statement shall contain a record of the reasons for setting aside each ballot and the reasons why each defective or challenged ballot is defective or challenged. The inspectors shall certify that the statement is correct, sign it, and attach it to the tally sheets. . . .

Wis. Stat. § 7.52(3) Canvassing of absentee ballots

(a) The board of absentee ballot canvassers shall first open the carrier envelope only, and, in such a manner that a member of the public, if he or she desired, could hear, announce the name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47 (2). When the board of absentee ballot canvassers finds that the certification has been properly executed and the applicant is a qualified elector of the ward or election district, the board of absentee ballot canvassers shall enter an indication on the poll list next to the applicant’s name indicating an absentee ballot is cast by the elector. The board of absentee ballot canvassers shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The board of absentee ballot canvassers shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the board of absentee ballot canvassers shall verify that the ballot has been endorsed by the issuing clerk. . . .

(b) When the board of absentee ballot canvassers finds that a certification is insufficient, that the applicant is not a qualified elector in the ward or election district, that the ballot envelope is open or has been opened and resealed, that the ballot envelope contains more than one ballot of any one kind, or that the certificate of a military or overseas elector who received an absentee ballot by facsimile transmission or electronic mail is missing, or if
proof is submitted to the board of absentee ballot canvassers that an elector voting an absentee ballot has since died, the board of absentee ballot canvassers shall not count the ballot. Each member of the board of absentee ballot canvassers shall endorse every
ballot not counted on the back as “rejected (giving the reason).” The board of absentee ballot canvassers shall reinsert each rejected ballot into the certificate envelope in which it was delivered and enclose the certificate envelopes and ballots, and securely seal the ballots and envelopes in an envelope marked for rejected absentee ballots. The board of absentee ballot canvassers shall endorse the envelope as “rejected ballots,” with a statement of the ward or election district and date of the election, and each member of the board of absentee ballot canvassers shall sign the statement. The board of absentee ballot canvassers shall then return the envelope containing the ballots to the municipal clerk.

Wis. Stat. 7.52(4) Canvassing of absentee ballots.

(c) . . . During the count, the board of absentee ballot canvassers shall count those ballots cast by challenged electors the same as the other ballots.
(d) The board of absentee ballot canvassers shall keep a written statement, in duplicate, of the number of ballots set aside and the number of defective ballots and challenged ballots. The statement shall contain a record of the reasons for setting aside each ballot and the reasons why each defective or challenged ballot is defective or challenged. The board of absentee ballot canvassers shall certify that the statement is correct, sign it, and attach it to the tally sheets. . . .

Wis. Stat. § 7.52(5) Canvassing of absentee ballots.

(a) The vote of any absent elector may be challenged by any elector for cause and the board of absentee ballot canvassers shall have all the power and authority given the inspectors to hear and determine the legality of the ballot the same as if the ballot had been voted in person.
(b) For the purpose of deciding upon ballots that are challenged for any reason, the board of absentee ballot canvassers may call before it any person whose absentee ballot is challenged if the person is available to be called. If the person challenged refuses to answer fully any relevant questions put to him or her by the board of absentee ballot canvassers under s. 6.92, the board of absentee ballot canvassers shall reject the person’s vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the members of the board of absentee ballot canvassers shall administer to the person the following oath or affirmation: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 28 consecutive days have been a resident of this ward except under s. 6.02 (2), stats.; you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election.” If the person challenged refuses to take the oath or affirmation, the person’s vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the board of absentee ballot canvassers under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate
that the person meets the voting qualification requirements, the person’s vote shall be received.

Wis. Stat. § 7.52(6) Canvassing of absentee ballots.

The board of absentee ballot canvassers shall review each certificate envelope to determine whether any absentee ballot is cast by an elector whose name appears on the poll list as ineligible to vote at the election, including ineligibility to vote by reason of a felony conviction. If the board of absentee ballot canvassers receives an absentee ballot that has been cast by an elector whose name appears on the poll list as ineligible to vote, the inspectors shall challenge the ballot in the same manner as provided for inspectors making challenges under s. 6.92 and shall treat the ballot in the manner as provided for treatment of challenged ballots by inspectors under s. 6.95.

Wis. Stat. § 12.09 Election threats. 

(1) No person may personally or through an agent make use of or threaten to make use of force, violence, or restraint in order to induce or compel any person to vote or refrain from voting at an election.
(2) No person may personally or through an agent, by abduction, duress, or any fraudulent device or contrivance, impede or prevent the free exercise of the franchise at an election.
(3) No person may personally or through an agent, by any act compel, induce, or prevail upon an elector either to vote or refrain from voting at any election for or against a particular candidate or referendum.

Wis. Stat. § 12.13(1)(b) Election fraud.

Whoever intentionally does any of the following violates this chapter: . . . Falsely procures registration or makes false statements to the municipal clerk, board of election commissioners or any other election official whether or not under oath.

Wis. Stat. § 12.13(2)(b)3. Election fraud.

No election official may . . .

Permit registration or receipt of a vote from a person who the official knows is not a legally qualified elector or who has refused after being challenged to make the oath or to properly answer the necessary questions pertaining to the requisite requirements and residence; or put into the ballot box a ballot other than the official’s own or other one lawfully received.

Wis. Stat. § 12.13(3)(x) Election fraud.

No person may: . . . Refuse to obey a lawful order of an inspector made for the purpose of enforcing the election laws; engage in disorderly behavior at or near a polling place; or interrupt or disturb the voting or canvassing proceedings.

Wis. Stat. §§ 54.25(2)(c) Duties and powers of guardian of the person.
    
1.g. . . . The determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for determining challenges to registration and voting that may be directed against that elector. The determination may be reviewed as provided in s. 54.64 (2) and any subsequent determination of the court shall be likewise communicated by the clerk of court. . . .
4. . . . If the petition for a declaration of incompetence to vote is not part of a petition for guardianship, the same procedures shall apply as would apply for a petition for guardianship. The determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, or 6.93 with the responsibility for determining challenges to registration and voting that may be directed against that elector. The determination may be reviewed as provided in s. 54.64 (2) (a) and (c) and any subsequent determination of the court shall be likewise communicated by the clerk of court.
    
    Wis. Stat. § 54.75 Access to court records.

All court records pertinent to the finding of incompetency are closed but subject to access as provided in s. 51.30 or 55.22 or under an order of a court under this chapter. The fact that an individual has been found incompetent and the name of and contact information for the guardian is accessible to any person who demonstrates to the custodian of the records a need for that information.