Wisconsin Administrative Code › Elections Commission › Chapter EL 9 - Challenges At A Polling Place › Section EL 9.01 - Inspector making challenge

Current through June 24, 2024
Any inspector may challenge for cause any person offering to
				vote whom the inspector knows or suspects is not a qualified elector. An
				inspector has cause to challenge a person as being unqualified to vote if the
				challenging inspector 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 inspector, the following procedure shall be followed:
(1) One of the inspectors shall administer
			 the following oath or affirmation of veracity 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."
(2) The inspector shall
			 then ask only those of the following questions which are appropriate to test
			 the person's qualifications based on the cause for the challenge:
(a) Are you a United States
			 citizen?
(b) Are you at least 18
			 years of age?
(c) For at least the
			 10 days before this election, have you resided in, or been a resident of, the
			 ward or election district from which you seek to vote?
(d) Are you currently disqualified from
			 voting for any of the following reasons:
1. A
			 felony conviction for which you are still serving probation or are on parole or
			 extended supervision?
2. A judge's
			 ruling that you are incapable of voting?
3. Having made a bet or wager on this
			 election?
4. Having voted
			 previously in this election?
(3) If the challenge is withdrawn by the
			 inspector, the challenge procedure shall be halted, but a written record of the
			 procedural steps taken, up to the withdrawal, shall be preserved in accordance
			 with s.
			 EL
			 9.05.
(4)
			 If the challenge is not withdrawn by the inspector after the person offering to
			 vote has answered the questions asked under sub. (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."
(5) If the
			 person challenged refuses to take the oath or affirmation of eligibility under
			 sub. (4), the inspectors shall not issue a ballot to the person
			 challenged.
(6) 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.
(7) If the person challenged answers fully
			 all relevant questions put to the elector by the inspector under sub. (2),
			 takes the oath or affirmation of eligibility under sub. (4), 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.