Elections and Redistricting

Under current law, a person must be at least 18 years old to vote in a local, state, or federal election. However, Wisconsin offers opportunities for people who are younger than 18 to become engaged in the electoral process, to serve their communities, and to prepare to vote when they become of age.

In Wisconsin, material on which information is recorded or preserved by a state or local governmental body, including certain voter information, is considered a “public record.” Wisconsin’s Public Records Law gives members of the public a right to inspect such records, unless a provision in the law permits them to be kept confidential. Consistent with these requirements, certain voter information included in the Wisconsin Election Commission’s (WEC) official voter registration list must be available to members of the public. This issue brief discusses the laws related to the public’s right to access WEC’s voter registration list, and the confidentiality provisions that limit access to particular voter information.

The right to vote is a fundamental right, but it is not inviolable. Like the right to liberty, the right to vote may be restricted or denied as a consequence for committing certain acts. Denying a person the right to vote after he or she has been convicted of certain crimes (felony disenfranchisement) is enforced to varying degrees by 48 states; this issue brief describes the constitutional basis for felony disenfranchisement, the manner in which it is enforced in Wisconsin, and the ways a felon may have his or her right to vote restored in this state.

In Wisconsin, the Elections Commission administers and enforces election laws. Although the Commission is responsible for general oversight and administration of elections in Wisconsin, much of the operations and logistics for elections is performed by county clerks, municipal clerks, and other election officials (commonly referred to as “poll workers”). County clerks perform various duties, including duties relating to ballots, training, and assisting the Commission and municipal clerks. Municipal clerks supervise elections in their municipalities, and they perform duties relating to notices, polling places, ballots, voter records, and supervision of election officials, as well as any other duties that may be necessary to conduct elections.

This information memorandum describes the roles of the Elections Commission, county clerks, municipal clerks, and other election officials in administering Wisconsin elections.

In Wisconsin, the results of an election are certified through a canvass process. That process may involve a municipal canvass, county canvass, and state canvass, depending on the offices and referenda involved in the election. After the canvass process, a candidate or voter may petition for a recount of an election to review the results of the election, if the candidate or voter satisfies certain criteria. This information memorandum describes: (1) the municipal canvass, county canvass, and state canvass processes; and (2) the recount procedure, including who may petition for a recount, the requirements for a recount petition, and the appeal of a recount determination.

Under Wisconsin law, a voter may cast a ballot at a polling place on Election Day or by absentee ballot prior to Election Day. Any voter who, for any reason, is unable or unwilling to appear at a polling place may vote by absentee ballot. This Information Memorandum explains the procedures for voting: (1) at a polling place on Election Day, including requirements relating to polling places, recording voters, proof of identification, and the mechanics of voting at a polling place; and (2) by absentee ballot prior to Election Day, including requirements relating to requesting, issuing, and recording absentee ballots and the mechanics of voting by absentee ballot.

Under Wisconsin law, a voter generally must register before voting in an election. A voter may register online, in person, by mail, or at a polling place on Election Day. When registering to vote, a voter provides certain information, such as name, date of birth, and residence location; certifies that he or she is a qualified voter; and provides proof of residence. After registering, a voter is added to the state’s official voter registration list. This information memorandum explains the methods by which a voter may register in Wisconsin; the required contents of registration forms; proof of residence; and the statewide registration list.

Wisconsin law provides that an individual is qualified to vote if the individual is a U.S. citizen, 18 years of age or older, and has resided in an election district or ward for 10 days prior to an election. However, an individual may not vote if the individual: (1) has been convicted of treason, felony, or bribery, unless the individual has completed the terms of imprisonment or probation or has been pardoned; (2) is incapable of understanding the objective of the election process or is under guardianship; or (3) has made any bet or wager that depends upon the result of the election. This information memorandum describes voter qualifications and residence, including laws relating to new residents, former residents, military voters, and overseas voters.