Wisconsin Administrative Code › Elections Commission › Chapter EL 9 - Challenges At A Polling Place › Section EL 9.02 - Elector making challenge in person

Current through June 24, 2024
Any elector may challenge for cause any person offering to
				vote whom the elector knows or suspects is not a qualified elector. Any elector
				who abuses the right to challenge under s.
				6.925, Stats., may be subject to
				sanctions available to inspectors under s.
				7.41(3), Stats.
				An elector has cause to challenge a person as being unqualified to vote if the
				challenging elector knows or suspects that any one of the following criteria
				apply to the person being challenged:
1) the person is not a citizen of the United
			 States;
2) the person is not at
			 least 18 years of age;
3) the person
			 has not resided in the election district for at least 10 days;
4) the person has a felony conviction and has
			 not been restored to civil rights;
5) the person has been adjudicated
			 incompetent;
6) the person has
			 voted previously in the same election. If a person is challenged as unqualified
			 by an elector, the following procedure shall be followed:
(1) One of the inspectors shall administer
			 the following oath or affirmation of veracity 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."
(2) The inspector shall ask the challenger if
			 he or she is an elector and then ask only those of the following questions
			 which are appropriate to determine the qualifications of the challenged
			 elector:
(a) Why do you believe that the
			 challenged elector is not a United States citizen?
(b) Why do you believe that the challenged
			 elector is not at least 18 years of age?
(c) Why do you believe that the challenged
			 elector has not, for at least the 10 days before this election, resided in, or
			 been a resident of, the ward or election district from which he or she seeks to
			 vote?
(d) For which of the
			 following reasons, and why, do you believe the challenged elector is currently
			 disqualified from voting:
1. A felony
			 conviction for which the challenged elector is still serving probation or is on
			 parole or extended supervision?
2.
			 A judge's ruling that he or she is incapable of voting?
3. Having made a bet or wager on this
			 election?
4. Having voted
			 previously in this election?
(3) One of the inspectors shall then
			 administer the oath or affirmation of veracity to the challenged elector under
			 sub. (1) and ask the challenged elector only the questions under s.
			 EL
			 9.01(2) which are appropriate to test
			 the elector's qualifications based on the cause for the challenge.
(4) One of the inspectors shall then ask the
			 challenging elector if he or she withdraws the challenge. If the challenge is
			 withdrawn by the challenging elector, the challenge procedure shall be halted,
			 but a written record of the procedure up to the withdrawal shall be preserved
			 in accordance with s.
			 EL
			 9.05.
(5)
			 If the challenge is not withdrawn after the person offering to vote has
			 answered the questions under s.
			 EL
			 9.01(2), one of the inspectors,
			 before issuing the ballot, shall administer to the challenged elector the
			 following oath or affirmation of eligibility: "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 10 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."
(6) If the
			 person challenged refuses to take the oath or affirmation of eligibility under
			 sub. (5), the inspectors shall not issue a ballot to the person
			 challenged.
(7) If the person
			 challenged refuses to answer fully any relevant questions put to him or her by
			 the inspector under sub. (2), or the answers to the questions given by the
			 person indicate that the person does not meet the voting qualification
			 requirements of ss. 6.02 and
			 6.03, Stats., the inspectors
			 shall not issue a ballot to the person challenged.
(8) If the person challenged answers fully
			 all relevant questions put to the elector by the inspector under s.
			 EL
			 9.01(2), takes the oath or
			 affirmation of eligibility under sub. (5), fulfills the registration
			 requirements, where applicable, and the answers to the questions given by the
			 person indicate that the person meets the voting qualification requirements of
			 ss. 6.02 and
			 6.03, Stats., the challenged
			 elector shall be issued a ballot and the voting procedure under s.
			 EL 9.03 shall be
			 followed.