LRB-1572/2
JTK:kjf:rs
2011 - 2012 LEGISLATURE
August 11, 2011 - Introduced by Senators S. Coggs, Carpenter and Taylor,
cosponsored by Representatives
Grigsby, Turner and
Fields. Referred to
Committee on Transportation and Elections.
SB167,1,3
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 (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 senate 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:
SB167, s. 1
1Section
1. 6.925 of the statutes is amended to read:
SB167,2,16
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
4senate district and whom the elector knows or suspects is not a qualified elector.
The
5inspectors shall require the challenging elector to provide proof of residence under
6s. 6.34 before accepting a challenge from the challenging elector. If a person is
7challenged as unqualified by an elector, one of the inspectors may administer the
8oath or affirmation to the challenged elector under s. 6.92 and ask the challenged
9elector the questions under that section which are appropriate to test the elector's
10qualifications. In addition, one of the inspectors shall administer the following oath
11or affirmation to the challenging elector: "You do solemnly swear (or affirm) that you
12reside in the same senate district as the challenged person and will fully and truly
13answer all questions put to you regarding the challenged person's place of residence
14and qualifications as an elector of this election"; and shall then ask questions which
15are appropriate as determined by the board, by rule, to test the qualifications of the
16challenged elector.
SB167, s. 2
17Section
2. 6.93 of the statutes is amended to read:
SB167,3,4
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 senate district as the
20absent elector and the inspectors of election shall have all the power and authority
21given them to hear and determine the legality of the ballot the same as if the ballot
1had been voted in person.
Before reviewing a challenge made by an elector, the
2inspectors shall require the challenging elector to provide proof of residence under
3s. 6.34. In municipalities where absentee ballots are canvassed under s. 7.52, the
4vote of an absentee elector may be challenged as provided in s. 7.52 (5).
SB167, s. 3
5Section
3. 7.52 (5) of the statutes is renumbered 7.52 (5) (a) and amended to
6read:
SB167,3,137
7.52
(5) (a) The vote of any absent elector may be challenged for cause
by an
8elector who resides in the same senate district as the challenged elector and the
9board of absentee ballot canvassers shall have all the power and authority given the
10inspectors to hear and determine the legality of the ballot the same as if the ballot
11had been voted in person.
Before reviewing a challenge made by an elector, the board
12of absentee ballot canvassers shall require the challenging elector to provide proof
13of residence under s. 6.34.
SB167, s. 4
14Section
4. 7.52 (6) (a) of the statutes is renumbered 7.52 (6).
SB167,4,1217
7.52
(5) (b)
Any elector may challenge for cause any absentee ballot. For the
18purpose of deciding upon ballots that are challenged for any reason, the board of
19absentee ballot canvassers may call before it any person whose absentee ballot is
20challenged if the person is available to be called. If the person challenged refuses to
21answer fully any relevant questions put to him or her by the board of absentee ballot
22canvassers under s. 6.92, the board of absentee ballot canvassers shall reject the
23person's vote. If the challenge is not withdrawn after the person offering to vote has
24answered the questions, one of the members of the board of absentee ballot
25canvassers shall administer to the person the following oath or affirmation: "You do
1solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United
2States; you are now and for 28 consecutive days have been a resident of this ward
3except under s. 6.02 (2), stats.; you have not voted at this election; you have not made
4any bet or wager or become directly or indirectly interested in any bet or wager
5depending upon the result of this election; you are not on any other ground
6disqualified to vote at this election." If the person challenged refuses to take the oath
7or affirmation, the person's vote shall be rejected. If the person challenged answers
8fully all relevant questions put to the elector by the board of absentee ballot
9canvassers under s. 6.92, takes the oath or affirmation, and fulfills the applicable
10registration requirements, and if the answers to the questions given by the person
11indicate that the person meets the voting qualification requirements, the person's
12vote shall be received.
SB167,4,1514
(1) This act first applies with respect to elections held on the effective date of
15this subsection.
