El. Bd. Op. 1981-03

An incumbent municipal clerk who is running for re-election should not be stationed at the polling place while ballots are being cast. This preserves the integrity of the election, removes the appearance of impropriety and eliminates the opportunity to violate the statutory prohibitions on electioneering. (Issued to Ms. Jesse McKinnon on June 18, 1981)

This opinion was reviewed by the Government Accountability Board pursuant to 2007 Wisconsin Act 1 and was reaffirmed on June 9, 2008.

El. Bd. Op. 1981-01

Questions of elector residence for voting purposes depend on the given facts of a particular situation, taking into consideration the elector's physical presence within the ward or election district and his or her intent to make that their residence for the purpose of voting. (Issued to Ms. Cynthia Tuczynski on January 21, 1981)

This opinion was reviewed by the Government Accountability Board pursuant to 2007 Wisconsin Act 1 and was reaffirmed on March 26, 2008.

El. Bd. Op. 1979-01

The timely filing of a declaration of acceptance, as required under §8.15 (4)(b), Stats., is a condition precedent to the right of a nominee to have his or her name appear on the official ballot. (Issued to Frank J. Bucaida, March 1, 1979)

El. Bd. Op. 1980-01

A municipality may use a computer generated listing of students provided by a college, technical institute or university to determine the residence of an elector who desires to register at a polling place on election day, provided that the list, certified by the institute of higher education, in conjunction with some other means of identification meets the requirements of §6.55(7)(a), Stats. (Issued to Mr. Robert M. Meyer, June 19, 1980)

El. Bd. Op. 1978-14

Dual nomination: When a candidate wins a partisan primary for an office for which he has filed nomination papers and a declaration of acceptance, and also wins, at the same primary, the party's nomination for another office by write-in votes, the candidate may not choose between the nominations, but must appear on the general election ballot as a candidate for that office for which nomination papers and a declaration of acceptance were filed. §§8.03 (1), 8.35 (4)(b), Stats. (Issued to Fred W. Shaffer, August 17, 1978)

El. Bd. Op. 1978-07

Scope of prohibition on electioneering at or near polling place on election day. Campaign signs placed on public property within 100 feet of the entrance to a polling place on election day are unlawful. Violative signs may be removed from public property. The mere presence of a candidate at or within 100 feet of the polling place is not prohibited, provided that the candidate does not engage in electioneering. Car-top carriers and campaign buttons bearing campaign messages at or within 100 feet of the polling place are prohibited.

El. Bd. Op. 1977-05

When a vote is not recorded on a voting machine for an elector who registers to vote on a referendum proposal, and there is no evidence that the absence of a recorded vote for the elector is the result of a machine malfunction, the elector should not be counted among the
total of votes cast from which the majority necessary for passage of the proposal is calculated. (Issued to William Winch, July 21, 1977)

This opinion was reviewed by the Government Accountability Board pursuant to 2007 Wisconsin Act 1 and was reaffirmed on October 6, 2008.

El. Bd. Op. 1977-04

Preparation and distribution of absentee ballot applications by candidates and others is permissible. State election law is not applicable to the question of whether such applications may be accepted by the municipal clerk if they carry political messages. §6.86, Stats. (Issued to Dan A. Ramsey, July 21, 1977)

This opinion was reviewed by the Government Accountability Board pursuant to 2007 Wisconsin Act 1 and was reaffirmed on June 9, 2008.

El. Bd. Op. 1976-09

Municipal clerks may not leave off the name of the ward when having ballots printed. Candidates may elect not to use their first or middle initials on nomination papers or on ballots. Designations such as “Sr.,” “Jr.,” or “III” may be used on nomination papers or on ballots. (Issued to Harold C. Dobberpuhl, April 21, 1976)

El. Bd. Op. 1976-08

Petitions under §9.20, Stats., to place an issue on the general election ballot may be circulated prior to June 1 preceding the election. (Issued to Roney L. Sorenson, April 21, 1976)

This opinion was reviewed by the Government Accountability Board pursuant to 2007 Wisconsin
Act 1 and was reaffirmed on February 25, 2008.