Do you have to be a U.S. citizen to vote in Wisconsin?
Yes. State and federal law prohibits noncitizens in Wisconsin from voting in state or federal elections. No municipality or jurisdiction in Wisconsin permits noncitizens to vote in any election.
Current state law, under “Qualifications, general” in Wisconsin statute § 6.02(1), says this: “Every U.S. citizen 18 or older who has resided in an election district or ward for 28 consecutive days before any election where the citizen offers to vote is an eligible voter.”
Are noncitizens with a valid Wisconsin driver’s licenses allowed to vote?
No. Again, in order to vote in Wisconsin, one must be a U.S. citizen. Possessing a valid Wisconsin driver’s license does not change the fact that a noncitizen is still disqualified from voting.
What is the upcoming referendum question about?
In the Nov. 5, 2024, General Election, there is a statewide referendum question on the ballot regarding voter eligibility. The referendum will ask voters to choose yes or no on the following question: “Eligibility to vote. Shall section 1 of article III of the constitution, which deals with suffrage, be amended to provide that only a United States citizen age 18 or older who resides in an election district may vote in an election for national, state, or local office or at a statewide or local referendum?”
Additional information about the referendum question is available in the Type C Notice, where the Attorney General has provided an explanatory statement: https://elections.wi.gov/resources/election-notices/type-c-notice-state…
How does Wisconsin prevent non-citizens from voting?
Voters must attest to their U.S. citizenship on their voter registration form under penalty of perjury. In addition to criminal penalties, non-citizens could face the additional penalty of deportation if convicted of a crime.
Voters are required to present valid proof of residence when registering, and most voters also need to show a photo ID each time they vote. While these registration and voting requirements do not necessarily require the voter to prove citizenship, they do present additional barriers to any noncitizens attempting to vote. Acceptable forms of ID include a Wisconsin driver license, state ID, or other specified forms but not a specific document proving citizenship.
On Nov. 1, 2024, six bipartisan members of the Wisconsin Elections Commission approved guidance to clerks on how they and their election inspectors should handle situations in which an individual in their jurisdiction presents a DMV-issued form of identification that has been marked with “Limited Term” or “Non-Domiciled.”
Both forms of identification are issued to non-citizens who are lawfully in the United States. The guidance states that if a poll worker is presented with a driver license that indicates the person at one time was a noncitizen, they should ask that voter for proof of citizenship. If the voter doesn’t have it, the voter will be asked under oath to attest to their citizenship through a challenge process sanctioned by state law. The details of the approved guidance are posted on our website as a clerk communication here: https://elections.wi.gov/memo/election-inspector-guide-limited-term-non…
Additionally, voter information in Wisconsin is cross-referenced with state databases, such as the Department of Motor Vehicles (DMV), the Department of Corrections (DOC) and the Electronic Registration Information Center (ERIC), to confirm the accuracy of registration details, ensuring that voters meet residency and identification requirements.
Wisconsin and federal law do not provide for any process to systematically verify citizenship beyond the attestation during registration.
How do election officials verify that a voter is a U.S. citizen?
The citizenship question is a part of the voter registration process. In order to become a registered voter, an applicant must attest in writing on the registration form that they are a U.S. citizen. Making a false claim of citizenship to an election official to register to vote is a felony and carries serious consequences, up to and including fines and jail time. Wis. Stats. §§ 12.13(1)(b), 12.60(1)(a), and 939.50(3)(i). Noncitizens would also potentially face deportation, loss of immigration status, and a prohibition to U.S. citizenship in the future.
The names of people who are registered to vote in Wisconsin and who participate in an election are fully open to public inspection, including by law enforcement entities.
What happens if someone suspects that a voter is not a U.S. citizen?
Individually, a voter’s registration status can be challenged by another elector as outlined in Wis. Stat. § 6.48. Additionally, anyone attempting to vote at an election can be challenged for cause on Election Day by an election inspector or another elector. Wis. Stats. §§ 6.92–6.95. If challenged, an individual will be required to swear an oath and will answer questions so that the individual’s eligibility to vote can be confirmed. Wis. Admin. Code §§ EL 9.01(2) and 9.02(2). If the individual refuses to take the oath, refuses to answer the questions, or if the answers indicate that the individual is not qualified, the individual will not be allowed to vote. An individual’s race, ethnicity, heritage, or English language proficiency alone, without more, cannot constitute cause to bring a challenge to an elector’s voting qualifications.
How often do noncitizens attempt to vote in Wisconsin?
There is no evidence to indicate that a significant number of noncitizens have voted in previous elections or will do so in upcoming elections.
Since the WEC was formed in 2016, the agency has been made aware of just four alleged instances of election fraud related to citizenship its annual Report of Suspected Election Fraud, Irregularities or Violations:
• One instance was documented in the 2018 report, available here: https://elections.wi.gov/resources/reports/2018-report-suspected-electi…
• One instance was documented in the 2019 report, available here: https://elections.wi.gov/resources/reports/2019-report-suspected-electi…
• Two instances were documented in the 2023 report, available here: https://elections.wi.gov/resources/reports/2023-report-suspected-electi…
The report is limited in that it only reports referrals to district attorneys made by municipal clerks that the Commission has been made aware of, and it is possible that other suspected election frauds, irregularities or violations have been referred without the Commission’s knowledge.
Voter fraud across all categories is extremely rare in Wisconsin.