Confidential Electors
Overview
Electors who are victims of domestic abuse, sexual assault or stalking have the option to be listed confidentially on poll lists. If your municipality has confidential electors, they will be indicated in the “Confidential” section of the pre-printed poll list. This section appears at the back of the poll list. This section of the poll list is NOT open to public inspection.
A confidential elector may present their Identification Card for Protected Individual or announce their name and confidential elector identification number rather than announce their name and address. Confidential electors must still sign the poll list if they vote at the polls on Election Day.
Procedure
-
The voter presents their voter identification card (EL-148) that will contain a unique identification serial number assigned to them by the municipal clerk or announce their name and confidential elector identification number. Tip: A confidential voter does not have to provide photo ID to receive a ballot.
-
The voter signs the poll list.
-
The voter is assigned a regular voter number.
-
The voter is issued a ballot and directed to the voting area.
-
The address of the protected individual is not listed on the confidential portion of the poll list.
Tip: The confidential portion of the poll list is NOT open to public inspection. Election officials may, upon request, disclose the existence of the list, the number of electors whose names appear on the list, and the number of those electors who have voted at any point in the proceedings.
Frequently Asked Questions
Does a confidential voter at the polling place on Election Day have to sign the poll list?
Does a confidential voter have to provide photo ID to receive a ballot?
Observers
Overview
Anyone, other than a candidate on the ballot for the election, has the right to be present to observe the conduct of the election. There is no requirement for observers to obtain a permit or notify the clerk in advance of Election Day. All observers will be accorded the same respect regardless of their party affiliation or non-affiliation.
The Wisconsin Elections Commission has established a set of rules for observers at the polling place or other locations where votes are being cast, counted, canvassed or recounted.
Procedure
Designate an observer area(s) which allows observers to hear instructions and to observe all public aspects of the process without disrupting the activities.
-
Check-In Area: There must be an observer area between three and eight feet of the table at which electors state their name and address to receive a voter number.
-
Voter Registration Area: There must be an observer area between three and eight feet of the voter registration table.
Tip: Mark off the observer area with tape or signage before the polls open or any observers arrive.
If observers are unable to hear the election inspectors and/or voters, they may ask for instructions or information to be repeated.
Observers should direct questions/concerns to the chief inspector or designee.
The number of observes representing the same organization or candidate may be limited if space is limited.
Observers should check in and follow direction from the election official in charge of the polling place or other location.
Location
|
Election Official
|
Polling Place
|
Chief Inspector or their designee
|
Central Count
|
Municipal Clerk or their designee
|
Observers must fill out the Election Observer Log (EL-109) with their name, street address and municipality, and the name of the organization or candidate the observer represents, if any.
An observer must present photo identification to an election inspector. Any type of photo identification is acceptable if it contains a photo of the observer and the observer’s name. An election official will verify by marking on the EL-109 that the observer’s name listed on the EL-109 matches the photo identification.
Tip: If the observer does not want to provide photo identification or the information on the photo identification does not match the information on the observer log, the individual will not be permitted to serve as an observer.
Tip: The EL-109 may not be viewed by members of the public or other observers on Election Day. A copy may be provided after Election Day by the municipal clerk. A copy of the form should be attached to the Inspector’s Statement (EL-104).
An observer must wear a name tag or badge which reads “Election Observer.”
Tip: The name of the observer need not appear on the Election Observer tag or badge.
A summary of the observer rules must be provided to each observer. The Wisconsin Election Observers Rules-at-a-Glance brochure may be used to meet this requirement and is available on the agency website.
Use of Cell Phones/Photography. Observers may silently use cell phones in the polling area. Observers may not use cell phones to take or make voice calls (ringer should be silenced). Observers may not take photographs or videos in the polling place, outside of the exception listed below. The chief inspector may prohibit an observer from using a cell phone if it is deemed disruptive.
Electioneering and Disruptive Behavior. Observers 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 observes 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.
-
In the event that the chief inspector orders an observer to leave a location, the chief inspector is required to provide a written order to the observer (EL-110) which includes the reason for the order and the signatures of the chief inspector as well as another election inspector election official representing the opposite political party, if available. The chief inspector has sole authority to order the removal of an observer, but another election inspector may note their concurrence or disagreement with the decision on the Inspectors’ Statement (EL-104).
-
When an EL-110 is completed, the municipal clerk or board of election commissioners is required to notify the WEC of the incident within seven days. This notification should include a copy of the EL-110, if available, and the portion of the Inspectors’ Statement which documents the incident.
Viewing Documents. Observers may examine the poll list so long as they do not interfere with election official responsibilities.
Tip: If voters are standing in line to have their names recorded and to receive a ballot, it is not an appropriate time to allow observers to view the poll lists.
-
The poll list must always remain under the control of the election officials.
-
The poll list may not be handed to the observers.
-
Observers are prohibited from viewing the confidential portion of the poll list.
-
Observers may take photographs of the poll list if approved by the chief inspector. Observers are not permitted to make a photocopy of or take photographs or video of proof of residence documents and voted ballots.
-
Observers are not permitted to handle an original version of any official election document, including voter registration forms and/or proof of residence documents while voters are registering.
Additional Prohibited Activities. Observers may not conduct any of the following disorderly activities while monitoring the conduct of the election and/or election administration event.
-
Wear clothing or buttons related to candidates, parties, or referenda that are intended to influence voting at the election.
-
Interact with voters, except when asked by an elector to provide assistance in marking their ballot.
-
Watch voters mark their ballots.
-
Have conversations about candidates, parties or ballot questions.
Frequently Asked Questions
Can an observer answer a question from a voter?
What if there is no space for an observer area at the polling place?
-
The clerk should make every attempt to designate an observer area, even if the clerk has to limit the number of observers in the area at any one time. If they are unable to designate an observer area, the clerk should report this information to the WEC.
Curbside Voting
Overview
A voter who, as a result of disability, is unable to enter the polling place may elect to receive a ballot at the entrance of the polling place. Wis. Stat. § 6.82(1). The voter may receive assistance in marking the ballot, if required, from an election inspector, or from any other person of the voter’s choice (except the voter’s employer or an agent of the elector’s labor union). An unregistered voter may also register to vote curbside.
Procedure
-
The election inspectors announce in the polling place that an elector has requested a curbside ballot, and the inspectors are going to the vehicle to view the voter’s proof of identification. Tip: If having two election inspectors leave the polling area would result in fewer than three election inspectors in the polling area, voting must stop until the election inspectors return.
-
Two election inspectors go to the vehicle and speak to the voter. The election inspectors return to the polling area and announce that they are issuing a ballot to the voter.
-
The inspectors should ask the voter if they are unable to enter the polling place. If the voter indicates he or she is able to enter the polling place, curbside voting may not be used. Tip: A voter’s dog in the car, for example, is not an acceptable reason to cast a curbside vote.
-
The inspectors should ask the voter to present acceptable proof of identification. Tip: The inspectors determine if the voter may vote a regular ballot or a provisional ballot.
-
The voter is not required to sign the poll list. A notation “Ballot received at poll entrance
-
"Exempt” is made in the signature line of the voter on the poll list.
-
Two inspectors initial the ballot. A voter number or provisional voter number is issued to the voter and recorded in the voter lists.
-
Two inspectors deliver the ballot to the curbside voter in a security sleeve.
-
The curbside voter marks the ballot or has an assistor mark the ballot for the voter. (If assistor, see “Assisting Electors” in the Election Day Manual).
-
The inspectors return to the voting area and announce: “I have a ballot offered by (voter’s name), a voter who, as the result of a disability, is unable to enter the polling place without assistance. Does anyone object to the reception of this ballot?” Tip: If an objection is made, follow the challenge procedures detailed below under “Challenging Electors” in the Election Day Manual.
-
If no objection is made or after any challenge is resolved, the ballot is deposited in the appropriate ballot box or tabulating equipment.
-
This incident should be recorded on the Inspectors’ Statement (EL-104).
Frequently Asked Questions
Can a voter with a dog in their car qualify to vote curbside?
-
No, only a voter who, as a result of a disability, is unable to enter the polling place may request to vote curbside.
Can a voter also register to vote curbside?
What if the number of election workers in the polling area falls below three during the administration of a curbside vote?
Do the election inspectors have to immediately administer a curbside vote when a voter requesting one arrives at the polling place?
Can a voter in the wrong polling place vote curbside?
Challenging Electors
Overview
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.
Tip: Any challenge based upon an individual’s appearance, speech or inability to speak English is unacceptable.
Tip: While the challenge process is a public process, it is recommended that the challenge process be conducted away from the heavy traffic areas.
Tip: Inspectors should use discretion when challenging a voter for these reasons.
-
If an election inspector is offering the challenge, another election inspector should administer the process.
-
All challenges must be made for reasonable cause as outlined on the Challenge Documentation of the Inspectors’ Statement (EL-104c).
-
The election inspectors should use discretion when administering a challenge and attempt to 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 the challenge.
Procedure
All challenges are recorded using the Challenge Documentation form (EL-104c) and attach it to the Inspectors’ Statement (EL-104). This form details the specific procedure to follow and questions used to establish and administer the challenge. The challenge process will be abbreviated when challenging an absentee ballot, because the voter is not present at the polls.
-
The challenging elector is placed under oath and asked to make a sworn statement giving the reason for the challenge.
-
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.
-
The Chief Inspector makes the final determination of the validity of the challenge and if it is for a reasonable cause.
-
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.
-
If the challenged elector refuses to make a statement under oath, the elector shall not be given a ballot or permitted to vote.
-
If the challenged elector has responded to the challenge, the challenging elector is given the opportunity to withdraw their 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.
-
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.
-
Once the challenged elector has marked the ballot, it is placed by the elector into the ballot box.
-
The entire Challenge Documentation (EL-104c) is completed and attached to the Inspectors’ Statement (EL-104).
-
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.
Frequently Asked Questions
When is a challenge unacceptable?
Can an election inspector challenge a voter if they believe the photograph on the voter’s photo ID does not reasonably resemble the voter or the name does not conform to the name on the poll list?
Provisional Voting
Overview
Wisconsin voters who are unable or unwilling to provide their Wisconsin Driver License or state-issued ID card number or are unable or unwilling to provide photo ID, must be offered the option of casting a provisional ballot.
In Wisconsin, provisional voting is ONLY used in two situations:
-
If an individual who attempts to register to vote at the polling place on Election Day has been issued an unexpired Wisconsin Driver License or Wisconsin DOT-issued State Identification Card, but is unwilling or unable to provide the license or state identification card number, the individual may vote provisionally. Tip: Even if driving privileges were revoked
-
The number of a Wisconsin driver license or state identification card that has expired or been cancelled, is not required.
-
Wisconsin DOT/DMV maintains a Help Desk for individuals to call if they need to look up their driver license or state identification card number. The phone number is: (608) 266-1069, option 1.
-
Individuals who have an unexpired Wisconsin driver license or valid Wisconsin state identification card may NOT use the last four digits of their Social Security number to register.
-
If an individual is unable or unwilling to provide an acceptable form of proof of identification, he or she may vote provisionally.
-
If the election inspectors do not believe that the name of the elector conforms to the name shown on the proof of identification, or if the elector does not reasonably resemble the photograph on the proof of identification, the elector’s ballot should be challenged (see the “Challenging Electors” section in the Election Day Manual).
Procedure
Once it is determined a voter will vote provisionally, the following procedures are required:
-
Every provisional voter must complete a Provisional Ballot Certificate Envelope (EL-123) in the presence of an election official by providing:
-
Full name
-
Complete address, including municipality and county
-
Date of birth
-
Indication of U.S. Citizenship
-
Date of election
-
Signature and date
-
The election inspector completes the certificate envelope by:
-
Signing and dating the certificate envelope.
-
Indicating the type of required information (either “Driver License or State Identification Card Number” or “Proof of Identification” ) by checking the appropriate box or boxes on the certificate envelope.
-
The election inspector issues a provisional voter number (PV#), which is recorded on the poll list. A voter number is NOT issued to the elector at this time and the elector does NOT sign the poll list.
-
This number is issued sequentially, starting with “1.”
-
The PV# is also recorded in six places:
-
The back of the ballot
-
On the Inspectors’ Statement (EL-104)
-
On the Provisional Ballot Certificate Envelope (EL-123)
-
On the Provisional Ballot Reporting Form (EL-123r)
-
On the poll list or supplemental poll list
-
On the Provisional Voting Information sheet for the elector
-
The elector votes the ballot, seals the voted ballot in the Provisional Ballot Certificate Envelope (EL-123), and returns the sealed envelope to the election inspector.
-
The sealed certificate envelope (EL-123) is placed inside the Inspectors’ Certificate for Provisional Ballots Envelope (EL-108).
-
The election inspectors record the name of the elector, the PV#, and the reason for the provisional ballot on the Provisional Ballot Reporting Form (EL-123r) and on the Inspectors’ Statement (EL-104).
-
The Inspectors’ Certificate of Provisional Ballots Envelope (EL-108) must be kept secure throughout Election Day.
-
When the polling place closes, the Inspectors’ Certificate of Provisional Ballots Envelope (EL-108) must be secured in a separate ballot bag with a tamper-evident serialized numbered seal. The serial number shall be recorded on the signed ballot container certification attached to the bag and on the Inspectors’ Statement. The bag should be marked “Provisional Ballots.”
-
Election inspectors must provide the elector with the Provisional Voting Information Sheet and should check the applicable reason that the provisional ballot was issued.
-
An elector who was issued a provisional ballot may return to the polling place before 8 p.m. to provide the missing documentation to the election inspectors. Election inspectors shall review the provided documentation to determine if it is satisfactory.
-
If the provided documentation is not valid, the election inspectors shall inform the elector and record the incident on the Inspectors’ Statement (EL-104) including the type of document presented and why it was not acceptable.
-
If the provided documentation is valid:
-
The elector must sign the poll or supplemental list.
-
Note on the Inspectors’ Statement (EL-104) that the elector provided the required documentation.
-
Initial and date the Provisional Ballot Reporting Form (EL-123r) to indicate that the elector provided the required documentation.
-
Election inspectors should offer the elector the option of spoiling the provisional ballot and voting a new ballot.
If the elector chooses to spoil the provisional ballot:
-
The Provisional Ballot Certificate Envelope (EL-123) is removed from the Inspectors’ Certificate of Provisional Ballots (EL-108) envelope and given to the elector.
-
The elector should remove the provisional ballot and spoil it by making a small tear in the ballot rendering it unusable.
-
Document the incident and spoiled ballot on the Inspectors’ Statement (EL-104).
-
The elector signs the poll list.
-
The elector is issued a sequential voter number, which is recorded on the poll list and noted on the Provisional Ballot Reporting Form (EL-123r) by marking “on poll list” in the column labeled “Voter Number Issued.”
-
The elector is given a new ballot.
If the elector chooses to cast the provisional ballot:
-
Note on the Inspectors’ Statement (EL-104) and initial and date the Provisional Ballot Reporting Form (EL-123r) that the elector provided the required documentation.
-
Remove the elector’s Provisional Ballot Certificate Envelope (EL-123) from the Inspectors’ Certificate of Provisional Ballots (EL-108) envelope.
-
Verify that the Provisional Ballot Certificate Envelope (EL-123) has not been opened or tampered with.
-
If the Provisional Ballot Certificate Envelope (EL-123) has been tampered with, the election inspectors shall spoil the provisional ballot and instruct the elector to cast a new ballot.
-
The elector signs the poll list.
-
The elector is issued a sequential voter number, which is recorded on the poll list and noted on the Provisional Ballot Reporting Form (EL-123r) by marking “on poll list” in the column labeled “Voter Number Issued.”
-
Provide the elector with the Provisional Ballot Certificate Envelope (EL-123) and instruct him or her to remove the ballot and place it in the ballot box or voting equipment.
-
Collect the used Provisional Ballot Certificate Envelope (EL-123) from the elector and place it back in the Inspectors’ Certification of Provisional Ballots (EL-108) envelope.
Processing
-
A Provisional Ballot Reporting Form (EL-123r) must be completed by the election inspectors at the polling place listing all of the electors who cast a provisional ballot. The clerk must review the form and send a copy to both the county clerk and their WisVote provider if different after the close of polls on Election Day. The municipal clerk must keep a copy for their office. A blank Provisional Ballot Reporting Form is available on the agency website.
-
The chief inspector should maintain communication with the municipal clerk regarding the number of provisional ballots issued on Election Day.
Frequently Asked Questions
Can a voter who is in the wrong polling place cast a provisional ballot?
Can a voter who does not have proof of residence vote a provisional ballot?
Can election inspectors ask the voter to return with the needed documents on Election Day instead of issuing a provisional ballot?
Does a voter who casts a provisional ballot sign the poll list?