LRB-3247/1
JTK:bjk:ph
2009 - 2010 LEGISLATURE
August 21, 2009 - Introduced by Senators Coggs, Hansen and Kreitlow,
cosponsored by Representatives
Kessler, Berceau and
Pasch. Referred to
Committee on Labor, Elections and Urban Affairs.
SB272,1,3
1An Act to renumber 7.52 (6) (a);
to renumber and amend 7.52 (5) and 7.52
2(6) (b); and
to amend 6.925 and 6.93 of the statutes;
relating to: challenging
3the ballots of electors at polling places.
Analysis by the Legislative Reference Bureau
Currently, any elector may challenge for cause the right of any other elector to
vote at a polling place if the challenger knows or suspects that the challenged elector
is not a qualified elector. The inspectors of election (poll workers) must then
administer oaths to both the challenger and the challenged elector concerning the
challenged elector's qualifications. If the inspectors receive the ballot of any elector
who has been challenged, they must mark the ballot with the elector's serial number.
If canvassing an election, a board of canvassers may review and decide any challenge
and may count or reject a challenged ballot accordingly. If a petition for a recount
is filed, the board of canvassers may again review and decide whether a challenged
ballot is cast by a qualified elector and may count or reject the ballot accordingly. An
elector may also challenge the ballot of an absent elector before the inspectors at a
polling place or before a board of absentee ballot canvassers in municipalities where
absent ballots are not canvassed at polling places. The challenged elector need not
be present when the challenge is made.
This bill provides that only an elector who resides in the same ward or election
district as the one in which a challenged elector resides may challenge the ballot of
that elector. The bill directs the inspectors or board of absentee ballot canvassers to
require the challenging elector to provide proof of residence, as defined by law, when
making a challenge.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB272, s. 1
1Section
1. 6.925 of the statutes is amended to read:
SB272,2,16
26.925 Elector making challenge in person. Any elector
of a ward or election
3district may challenge for cause any person offering to vote
who resides in the same
4ward or election district and whom the elector knows or suspects is not a qualified
5elector.
The inspectors shall require the challenging elector to provide proof of
6residence under s. 6.34 before accepting a challenge from the challenging elector. If
7a person is challenged as unqualified by an elector, one of the inspectors may
8administer the oath or affirmation to the challenged elector under s. 6.92 and ask the
9challenged elector the questions under that section which are appropriate to test the
10elector's qualifications. In addition, one of the inspectors shall administer the
11following oath or affirmation to the challenging elector: "You do solemnly swear (or
12affirm) that you
reside in the same ward or election district as the challenged person
13and will fully and truly answer all questions put to you regarding the challenged
14person's place of residence and qualifications as an elector of this election"; and shall
15then ask questions which are appropriate as determined by the board, by rule, to test
16the qualifications of the challenged elector.
SB272, s. 2
17Section
2. 6.93 of the statutes is amended to read:
SB272,3,3
186.93 Challenging the absent elector. The vote of any absent elector may be
19challenged for cause
by any person who resides in the same ward or election district
20as the absent elector and the inspectors of election shall have all the power and
21authority given them to hear and determine the legality of the ballot the same as if
1the ballot had been voted in person. In municipalities where absentee ballots are
2canvassed under s. 7.52, the vote of an absentee elector may be challenged as
3provided in s. 7.52 (5).
SB272, s. 3
4Section
3. 7.52 (5) of the statutes is renumbered 7.52 (5) (a) and amended to
5read:
SB272,3,126
7.52
(5) (a) The vote of any absent elector may be challenged for cause
by an
7elector who resides in the same ward or election district as the challenged elector and
8the board of absentee ballot canvassers shall have all the power and authority given
9the inspectors to hear and determine the legality of the ballot the same as if the ballot
10had been voted in person.
Before reviewing a challenge made by an elector, the board
11of absentee ballot canvassers shall require the challenging elector to provide proof
12of residence under s. 6.34.
SB272, s. 4
13Section
4. 7.52 (6) (a) of the statutes is renumbered 7.52 (6).
SB272, s. 5
14Section
5. 7.52 (6) (b) of the statutes is renumbered 7.52 (5) (b) and amended
15to read:
SB272,4,1016
7.52
(5) (b)
Any elector may challenge for cause any absentee ballot. For the
17purpose of deciding upon ballots that are challenged for any reason, the board of
18absentee ballot canvassers may call before it any person whose absentee ballot is
19challenged if the person is available to be called. If the person challenged refuses to
20answer fully any relevant questions put to him or her by the board of absentee ballot
21canvassers under s. 6.92, the board of absentee ballot canvassers shall reject the
22person's vote. If the challenge is not withdrawn after the person offering to vote has
23answered the questions, one of the members of the board of absentee ballot
24canvassers shall administer to the person the following oath or affirmation: "You do
25solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United
1States; you are now and for 10 days have been a resident of this ward except under
2s. 6.02 (2), stats.; you have not voted at this election; you have not made any bet or
3wager or become directly or indirectly interested in any bet or wager depending upon
4the result of this election; you are not on any other ground disqualified to vote at this
5election." If the person challenged refuses to take the oath or affirmation, the
6person's vote shall be rejected. If the person challenged answers fully all relevant
7questions put to the elector by the board of absentee ballot canvassers under s. 6.92,
8takes the oath or affirmation, and fulfills the applicable registration requirements,
9and if the answers to the questions given by the person indicate that the person meets
10the voting qualification requirements, the person's vote shall be received.
SB272,4,1312
(1) This act first applies with respect to elections held on the effective date of
13this subsection.
