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ELECTIONS — GENERAL PROVISIONS; BALLOTS & VOTING 5.011 Updated 21-22 Wis. Stats.

Updated 2021-22 Wis. Stats. Published and certified under s. 35.18. November 8, 2024.

CHAPTER 5

ELECTIONS — GENERAL PROVISIONS; BALLOTS AND VOTING SYSTEMS

SUBCHAPTER I

GENERAL PROVISIONS

5.01 Scope.

5.02 Definitions.

5.025 Elections commission; definition.

5.05 Elections commission; powers and duties.

5.055 Election assistance commission standards board.

5.056 Matching program with secretary of transportation.

5.06 Compliance review; appeal.

5.061 Compliance with federal Help America Vote Act.

5.07 Action to compel compliance.

5.08 Petition for enforcement.

5.081 Petition for enforcement of voting rights.

5.10 Presidential electors.

5.15 Division of municipalities into wards.

5.18 Enforcement of division requirement.

5.25 Polling places.

5.35 Polling place requirements.

5.36 Notice of voting by individuals with disabilities.

5.37 Voting machine requirements.

5.40 Use of voting machines or systems.

SUBCHAPTER II

BALLOT FORM

5.51 General provisions.

5.52 Multi-candidate elections.

5.53 Voting machine ballots.

5.54 Notice to electors.

5.55 Information.

5.56 Multiple columns and rows.

5.58 Spring primary ballots.

5.60 Spring election ballots.

5.62 Partisan primary ballots.

5.64 General election ballots.

5.65 Special referendum ballots.

5.655 Consolidated ballots.

5.66 Number of ballots.

5.68 Cost of elections.

5.72 Correcting ballot errors.

SUBCHAPTER III

ELECTRONIC VOTING SYSTEMS

5.76 Adoption, experimentation or discontinuance of systems.

5.77 Applicable procedures.

5.78 Voting booths.

5.79 Instruction of electors.

5.80 Demonstrator electronic voting system.

5.81 Ballot information; arrangement; absentee ballots.

5.82 Write-in ballots.

5.83 Preparation for use of voting devices; comparison of ballots.

5.84 Testing of equipment; requirements for programs and ballots.

5.85 Receiving, counting, tallying and return of ballots.

5.86 Proceedings at central counting locations.

5.87 Tabulating votes.

5.89 Official return.

5.90 Recounts.

5.905 Software components.

5.91 Requisites for approval of ballots, devices and equipment.

5.92 Bond may be required.

5.93 Administration.

5.94 Sample ballots; publication.

5.95 Elector information.

NOTE: 2005 Wis. Act 451, which made major revisions to the election laws, including to this chapter, contains an extensive prefatory note explaining the changes.

SUBCHAPTER I

GENERAL PROVISIONS

5.01 Scope. (1) CONSTRUCTION OF CHS. 5 TO 12. Except as

otherwise provided, chs. 5 to 12 shall be construed to give effect to the will of the electors, if that can be ascertained from the pro-ceedings, notwithstanding informality or failure to fully comply with some of their provisions.

(2) GENERAL PROVISIONS OF ELECTION LAWS APPLY. The general provisions of chs. 5 to 12 apply to all elections.

(3) PLURALITY SHALL ELECT. (a) Except as provided in par.

(b), in every election to choose any officer, each elector has one vote for each office unless clearly indicated otherwise. The per-son receiving the greatest number of legal votes for the office shall be declared elected, and the canvassers shall so determine and certify.

(b) In an election to fill a nonpartisan state office, if no names are certified to appear on the ballot, no person may be declared elected.

(4) TIE VOTE. (a) If 2 or more candidates for the same office receive the greatest, but an equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers charged with the responsibility to determine the election, or in the case of an election for state or national office or metropolitan sewerage commissioner, if the commissioner is elected under s.

200.09 (11) (am), in the presence of the chairperson of the elec-tions commission or the chairperson[s designee.

(b) If, in a primary, 2 or more candidates receive an equal but not the greatest number of votes so that only one of those candi-dates with equal votes may advance to the final election, the choice shall similarly be made by drawing lots.

(c) The candidates may, if all those tied for the same office are present, draw for themselves. Upon refusal or absence of any of the candidates, the board of canvassers shall appoint a competent person to draw, and upon the results declare and certify the winner.

(d) If a question is submitted to the electors and an equal num-ber of votes are cast for and against adoption, the question fails adoption.

(5) ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.

(a) In every general election to choose the governor and the lieu-tenant governor, each elector shall have a single vote applicable to both offices. The persons receiving the greatest number of legal votes cast jointly for them for governor and lieutenant governor shall be declared elected, and the canvassers shall so determine and certify.

(b) In case 2 or more slates have an equal and the highest number of votes for governor and lieutenant governor, the 2 houses of the legislature shall at the next annual session choose by joint ballot one of the slates so having an equal and the highest number of votes for governor and lieutenant governor.

History: 1979 c. 89; 1983 a. 484; 1985 a. 304; 1997 a. 27; 1999 a. 150 s. 672;

1999 a. 182; 2015 a. 118.

The supreme court has quite consistently construed the provisions of election statutes as directory rather than mandatory so as to preserve the will of the elector.

Lanser v. Koconis, 62 Wis. 2d 86, 214 N.W.2d 425 (1974).

When 40 percent of registered voters were denied ballots in an election to remove a county seat, the election was set aside even though the outcome probably was not affected. McNally v. Tollander, 100 Wis. 2d 490, 302 N.W.2d 440 (1981).

Sub. (1) applies only after an election has been held and the will of the people manifested. City of Chippewa Falls v. Town of Hallie, 231 Wis. 2d 85, 604 N.W.2d 300 (Ct. App. 1999), 99-0832.

2021-22 Wisconsin Statutes updated through 2023 Wis. Act 272 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on November 8, 2024. Published and certified under s. 35.18. Changes effective after November 8, 2024, are designated by NOTES. (Published 11-8-24) https://docs.legis.wisconsin.gov/document/statutes/5.01 https://docs.legis.wisconsin.gov/document/statutes/5.02 https://docs.legis.wisconsin.gov/document/statutes/5.025 https://docs.legis.wisconsin.gov/document/statutes/5.05 https://docs.legis.wisconsin.gov/document/statutes/5.055 https://docs.legis.wisconsin.gov/document/statutes/5.056 https://docs.legis.wisconsin.gov/document/statutes/5.06 https://docs.legis.wisconsin.gov/document/statutes/5.061 https://docs.legis.wisconsin.gov/document/statutes/5.07 https://docs.legis.wisconsin.gov/document/statutes/5.08 https://docs.legis.wisconsin.gov/document/statutes/5.081 https://docs.legis.wisconsin.gov/document/statutes/5.10 https://docs.legis.wisconsin.gov/document/statutes/5.15 https://docs.legis.wisconsin.gov/document/statutes/5.18 https://docs.legis.wisconsin.gov/document/statutes/5.25 https://docs.legis.wisconsin.gov/document/statutes/5.35 https://docs.legis.wisconsin.gov/document/statutes/5.36 https://docs.legis.wisconsin.gov/document/statutes/5.37 https://docs.legis.wisconsin.gov/document/statutes/5.40 https://docs.legis.wisconsin.gov/document/statutes/5.51 https://docs.legis.wisconsin.gov/document/statutes/5.52 https://docs.legis.wisconsin.gov/document/statutes/5.53 https://docs.legis.wisconsin.gov/document/statutes/5.54 https://docs.legis.wisconsin.gov/document/statutes/5.55 https://docs.legis.wisconsin.gov/document/statutes/5.56 https://docs.legis.wisconsin.gov/document/statutes/5.58 https://docs.legis.wisconsin.gov/document/statutes/5.60 https://docs.legis.wisconsin.gov/document/statutes/5.62 https://docs.legis.wisconsin.gov/document/statutes/5.64 https://docs.legis.wisconsin.gov/document/statutes/5.65 https://docs.legis.wisconsin.gov/document/statutes/5.655 https://docs.legis.wisconsin.gov/document/statutes/5.66 https://docs.legis.wisconsin.gov/document/statutes/5.68 https://docs.legis.wisconsin.gov/document/statutes/5.72 https://docs.legis.wisconsin.gov/document/statutes/5.76 https://docs.legis.wisconsin.gov/document/statutes/5.77 https://docs.legis.wisconsin.gov/document/statutes/5.78 https://docs.legis.wisconsin.gov/document/statutes/5.79 https://docs.legis.wisconsin.gov/document/statutes/5.80 https://docs.legis.wisconsin.gov/document/statutes/5.81 https://docs.legis.wisconsin.gov/document/statutes/5.82 https://docs.legis.wisconsin.gov/document/statutes/5.83 https://docs.legis.wisconsin.gov/document/statutes/5.84 https://docs.legis.wisconsin.gov/document/statutes/5.85 https://docs.legis.wisconsin.gov/document/statutes/5.86 https://docs.legis.wisconsin.gov/document/statutes/5.87 https://docs.legis.wisconsin.gov/document/statutes/5.89 https://docs.legis.wisconsin.gov/document/statutes/5.90 https://docs.legis.wisconsin.gov/document/statutes/5.905 https://docs.legis.wisconsin.gov/document/statutes/5.91 https://docs.legis.wisconsin.gov/document/statutes/5.92 https://docs.legis.wisconsin.gov/document/statutes/5.93 https://docs.legis.wisconsin.gov/document/statutes/5.94 https://docs.legis.wisconsin.gov/document/statutes/5.95 https://docs.legis.wisconsin.gov/document/acts/2005/451 https://docs.legis.wisconsin.gov/document/statutes/ch.%205 https://docs.legis.wisconsin.gov/document/statutes/ch.%2012 https://docs.legis.wisconsin.gov/document/statutes/ch.%205 https://docs.legis.wisconsin.gov/document/statutes/ch.%2012 https://docs.legis.wisconsin.gov/document/statutes/5.01(3)(b) https://docs.legis.wisconsin.gov/document/statutes/200.09(11)(am) https://docs.legis.wisconsin.gov/document/acts/1979/89 https://docs.legis.wisconsin.gov/document/acts/1983/484 https://docs.legis.wisconsin.gov/document/acts/1985/304 https://docs.legis.wisconsin.gov/document/acts/1997/27 https://docs.legis.wisconsin.gov/document/acts/1999/150 https://docs.legis.wisconsin.gov/document/acts/1999/150%2C%20s.%20672 https://docs.legis.wisconsin.gov/document/acts/1999/182 https://docs.legis.wisconsin.gov/document/acts/2015/118 https://docs.legis.wisconsin.gov/document/courts/62%20Wis.%202d%2086 https://docs.legis.wisconsin.gov/document/courts/214%20N.W.2d%20425 https://docs.legis.wisconsin.gov/document/courts/100%20Wis.%202d%20490 https://docs.legis.wisconsin.gov/document/courts/302%20N.W.2d%20440 https://docs.legis.wisconsin.gov/document/courts/231%20Wis.%202d%2085 https://docs.legis.wisconsin.gov/document/courts/604%20N.W.2d%20300 https://docs.legis.wisconsin.gov/document/courts/604%20N.W.2d%20300 https://docs.legis.wisconsin.gov/document/wicourtofappeals/99-0832

Updated 21-22 Wis. Stats.

2 5.01 ELECTIONS — GENERAL PROVISIONS; BALLOTS & VOTING

Only substantial violations of the election law should operate to vacate an elec-tion. Carlson v. Oconto County Board of Canvassers, 2001 WI App 20, 240 Wis. 2d 438, 623 N.W.2d 195, 00-1788.

5.02 Definitions. In chs. 5 to 12, unless the context requires otherwise:

(1c) XAutomatic tabulating equipmentY means apparatus which automatically examines and counts votes recorded on bal-lots or voting machines and tabulates the results.

(1e) XBallotY means a ballot label, sheet of paper or envelope on which votes are recorded. The term also includes a sheet or card, filmstrip or other device listing or containing information relative to offices, candidates and referenda which is placed, pro-jected or composed on the board or screen inside a voting machine.

(1q) XBlockY means an area which is the smallest geographic area used by the U.S. bureau of the census for data collection and tabulation.

(2) XCounty clerkY includes the executive director of the county board of election commissioners and their authorized representatives.

(3) XEducational officerY means the state superintendent and school board members.

(3m) XElected officialY means an individual who is elected to a national, state or local office.

(4) XElectionY means every public primary and election.

(4c) XElection districtY means a municipality that is not di-vided into wards, except as otherwise provided in s. 8.17 (1) (b).

(4e) XElection officialY means an individual who is charged with any duties relating to the conduct of an election.

(4g) XElection registration officialY means an election offi-cial assigned under s. 6.28 (1) (a) or 7.30 to register electors.

(4m) XElectronic voting systemY means a system in which votes are recorded on ballots, and the votes are subsequently counted and tabulated by automatic tabulating equipment. The term also includes a voting machine on which votes are recorded and tabulated by electronic means.

(4s) XFederal electionY means any election at which a na-tional office appears on the ballot.

(4v) For purposes of chs. 5 to 10 and 12, Xfiling officerY means the following:

(a) For a candidate for state office, as defined in sub. (23), the elections commission.

(b) For a candidate seeking local office, the clerk of the most populous jurisdiction for which the candidate seeks office.

(c) For a candidate for municipal judge elected under s.

755.01 (4), the county clerk or board of election commissioners of the county having the largest portion of the population in the jurisdiction served by the judge.

(d) For a candidate for school board member, the school dis-trict clerk.

NOTE: Sub. (4v) is created eff. 7-1-25 by 2023 Wis. Act 126.

(5) XGeneral electionY means the election held in even-num-bered years on the Tuesday after the first Monday in November to elect United States senators, representatives in congress, presi-dential electors, state senators, representatives to the assembly, district attorneys, state officers other than the state superinten-dent and judicial officers, and county officers other than supervi-sors and county executives.

(6) XGoverning bodyY means the common council of a city, board of supervisors of a town or board of trustees of a village.

(6m) XIdentificationY means any of the following documents issued to an individual:

(a) One of the following documents that is unexpired or if ex-pired has expired after the date of the most recent general election:

1. An operator[s license issued under ch. 343.

2. An identification card issued under s. 343.50.

3. An identification card issued by a U.S. uniformed service.

4. A U.S. passport.

(b) A certificate of U.S. naturalization that was issued not ear-lier than 2 years before the date of an election at which it is presented.

(c) An unexpired driving receipt under s. 343.11.

(d) An unexpired identification card receipt issued under s.

343.50.

(e) An identification card issued by a federally recognized In-dian tribe in this state.

(f) An unexpired identification card issued by a university or college in this state that is accredited, as defined in s. 39.30 (1) (d), or by a technical college in this state that is a member of and governed by the technical college system under ch. 38, that con-tains the date of issuance and signature of the individual to whom it is issued and that contains an expiration date indicating that the card expires no later than 2 years after the date of issuance if the individual establishes that he or she is enrolled as a student at the university or college on the date that the card is presented.

NOTE: In Luft v. Evers, 963 F.3d 665 (2020), the U.S. Court of Appeals for the 7th Circuit affirmed the judgment in One Wisconsin Institute, Inc. v.

Thomsen, 198 F. Supp. 3d 896 (2016), that Xthe student-ID provision is invalidY on the alternative ground that the restriction that a student ID card Xis not suf-ficient for voting unless the student also shows proof of current enrollmentY is unconstitutional.

(g) An unexpired veterans identification card issued by the veterans health administration of the federal department of veter-ans affairs.

(7) XJudgeY means a court of appeals judge or a judge of a cir-cuit court.

(8) XJusticeY means a justice of the supreme court.

(8m) XLabor organizationY means any employee organiza-tion in which employees participate and which exists primarily for the purpose of engaging in collective bargaining with any em-ployer concerning grievances, labor disputes, wages, hours or conditions of employment, or the promotion and advancement of the professional or occupational standards and the welfare of its members and families and any organization established for the same purposes composed of individuals or affiliates of any such employee organization.

(9) XLocal officeY means any elective office other than a state or national office.

(10) XMunicipal clerkY means the city clerk, town clerk, vil-lage clerk and the executive director of the city election commis-sion and their authorized representatives. Where applicable, Xmunicipal clerkY also includes the clerk of a school district.

(11) XMunicipalityY means city, town or village.

(12) XNational officeY means the offices of president and vice president of the United States, U.S. senator and representa-tive in congress.

(12m) XNicknameY means a familiar or shortened form of a proper name by which an individual is commonly known.

(12n) XOverseas electorY means a U.S. citizen who is resid-ing outside of the United States, who is not disqualified from vot-ing under s. 6.03, who has attained or will attain the age of 18 by the date of an election at which the citizen proposes to vote, who was last domiciled in this state or whose parent was last domi-ciled in this state immediately prior to the parent[s departure from the United States, and who is not registered to vote or voting in any other state, territory, or possession.

2021-22 Wisconsin Statutes updated through 2023 Wis. Act 272 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on November 8, 2024. Published and certified under s. 35.18. Changes effective after November 8, 2024, are designated by NOTES. (Published 11-8-24) https://docs.legis.wisconsin.gov/document/courts/2001%20WI%20App%2020 https://docs.legis.wisconsin.gov/document/courts/240%20Wis.%202d%20438 https://docs.legis.wisconsin.gov/document/courts/240%20Wis.%202d%20438 https://docs.legis.wisconsin.gov/document/courts/623%20N.W.2d%20195 https://docs.legis.wisconsin.gov/document/wicourtofappeals/00-1788 https://docs.legis.wisconsin.gov/document/statutes/ch.%205 https://docs.legis.wisconsin.gov/document/statutes/ch.%2012 https://docs.legis.wisconsin.gov/document/statutes/8.17(1)(b) https://docs.legis.wisconsin.gov/document/statutes/6.28(1)(a) https://docs.legis.wisconsin.gov/document/statutes/7.30 https://docs.legis.wisconsin.gov/document/statutes/ch.%205 https://docs.legis.wisconsin.gov/document/statutes/ch.%2010 https://docs.legis.wisconsin.gov/document/statutes/ch.%2012 https://docs.legis.wisconsin.gov/document/statutes/5.02(23) https://docs.legis.wisconsin.gov/document/statutes/755.01(4) https://docs.legis.wisconsin.gov/document/acts/2023/126 https://docs.legis.wisconsin.gov/document/statutes/ch.%20343 https://docs.legis.wisconsin.gov/document/statutes/343.50 https://docs.legis.wisconsin.gov/document/statutes/343.11 https://docs.legis.wisconsin.gov/document/statutes/343.50 https://docs.legis.wisconsin.gov/document/statutes/39.30(1)(d) https://docs.legis.wisconsin.gov/document/statutes/39.30(1)(d) https://docs.legis.wisconsin.gov/document/statutes/ch.%2038 https://docs.legis.wisconsin.gov/document/courts/963%20F.3d%20665 https://docs.legis.wisconsin.gov/document/courts/198%20F.%20Supp.%203d%20896 https://docs.legis.wisconsin.gov/document/statutes/6.03

ELECTIONS — GENERAL PROVISIONS; BALLOTS & VOTING 5.053 Updated 21-22 Wis. Stats.

(12s) XPartisan primaryY means the primary held the 2nd Tuesday in August to nominate candidates to be voted for at the general election.

(13) XPolitical partyY has the meaning given in s. 11.0101 (26).

(14) XPoll listY means the list which is compiled by election officials on election day showing the names and addresses of electors who actually cast votes in an election.

(15) XPolling placeY means the actual location wherein the elector[s vote is cast.

(16) XPrimaryY means a primary election.

(16c) XProof of identificationY means identification that con-tains the name of the individual to whom the document was is-sued, which name conforms to the individual[s voter registration form, if the individual is required to register to vote, and that con-tains a photograph of the individual, except as authorized in s.

343.14 (3m) or 343.50 (4g).

(16g) XQualified circulatorY means a qualified elector of this state or any U.S. citizen age 18 or older who, if he or she were a resident of this state, would not be disqualified from voting under

s. 6.03.

(16m) XRecognized political partyY means a political party which qualifies for a separate ballot or column under s. 5.62 (1)

(b) or (2).

(16s) XReferendumY means an election at which an advisory, validating or ratifying question is submitted to the electorate.

(17) XRegistration listY means the list of electors who are properly registered to vote.

(19) XSpecial electionY means any election, other than those described in subs. (5), (12s), (21), and (22), to fill vacancies or to conduct a referendum.

(20) XSpecial primaryY means the primary held 4 weeks be-fore the special election except when the special election is held on the same day as the general election the special primary shall be held on the same day as the general primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary.

(20g) XSpecial purpose districtY means any local governmen-tal unit other than a county or municipality.

(20r) XSpecial referendumY means any referendum held at a special election which is not held concurrently with the elections described in sub. (5), (12s), (21), or (22).

(21) XSpring electionY means the election held on the first Tuesday in April to elect judicial, educational and municipal offi-cers, nonpartisan county officers and sewerage commissioners and to express preferences for the person to be the presidential candidate for each party in a year in which electors for president and vice president are to be elected.

(22) XSpring primaryY means the nonpartisan primary held on the 3rd Tuesday in February to nominate nonpartisan candi-dates to be voted for at the spring election.

(23) XState officeY means the offices of governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent, justice of the supreme court, court of appeals judge, circuit court judge, state senator, state representative to the assembly and district attorney.

(24) XState superintendentY means the state superintendent of public instruction.

(24g) XVoting deviceY means an apparatus other than a vot-ing machine which the elector uses to record his or her votes on a ballot.

(24r) XVoting machineY means a machine which serves in lieu of a voting booth and which mechanically or electronically records the votes cast by electors, who depress levers or buttons located next to the choices listed on a ballot to cast their votes.

(24w) XVoting systemY means:

(a) The total combination of mechanical, electromechanical, or electronic equipment, including the software, hardware, and documentation required to program, control, and support the equipment, that is used to define ballots, to cast and count votes, to report or display election results, and to maintain and produce any audit trail information.

(b) The practices and associated documentation for any of the following purposes:

1. To identify equipment components and versions of such components.

2. To test the equipment during its development and maintenance.

3. To maintain records of equipment errors and defects.

4. To determine specific equipment changes to be made after the initial qualification of the equipment.

5. To make available any materials to an elector.

(25) XWardY means a town, village or city subdivision cre-ated for the convenience of the electors therein and to facilitate the division of such municipalities into election districts of sub-stantially equal population numbers along common boundaries observing the community of interest of existing neighborhoods and other settlements.

History: 1971 c. 211; 1971 c. 304 ss. 2, 29 (2); 1973 c. 280, 334; 1975 c. 93;

1977 c. 107, 187, 394; 1977 c. 427 ss. 3 to 14; 1977 c. 449; 1979 c. 32, 89, 221; 1979

c. 260 ss. 1m, 73 to 75; 1979 c. 311, 328; 1981 c. 4, 391; 1983 a. 484 ss. 5, 5c, 124m, 128; 1985 a. 303; 1985 a. 304 ss. 1m, 2, 155; 1987 a. 391 ss. 1 to 1r, 66w; 1989 a.

31; 1991 a. 5; 1993 a. 140, 184; 1995 a. 16 s. 2; 1995 a. 27 s. 9145 (1); 1995 a. 219;

1997 a. 35; 2001 a. 16, 109; 2003 a. 24, 265; 2005 a. 177, 451; 2007 a. 1; 2009 a.

397; 2011 a. 23, 32, 45, 75; 2013 a. 165; 2015 a. 117, 118, 261; 2017 a. 369; 2023 a.

126; s. 35.17 correction in (4v) (a).

Municipal clerks are the officials primarily responsible for election administra-tion in Wisconsin. A Xboard of election commissionersY is established in Wiscon-sin[s high population cities and counties to carry out the duties otherwise accom-plished by municipal and county clerks everywhere else. The phrase Xmunicipal clerk or board of election commissionersY appears in tandem all over the election statutes because that describes the duties of local election officials. State ex rel.

Zignego v. Wisconsin Elections Commission, 2021 WI 32, 396 Wis. 2d 391, 957 N.W.2d 208, 19-2397.

Photographic identification is necessary for in-person voting. Students may use college-issued credentials under sub. (6m) (f), but only before an ID[s expiration date. There[s nothing wrong with a requirement that IDs be current. Luft v. Evers, 963 F.3d 665 (2020).

Treating students differently from other potential voters without a rational basis violates the equal protection clause. Under sub. (6m) (f), a student identification card, alone among the sorts of photo ID that Wisconsin accepts, is not sufficient for voting unless the student also shows proof of current enrollment. No other category of acceptable identification depends on ongoing affiliation of any sort. That differ-ential treatment violates the equal protection clause of the 14th amendment to the U.S. Constitution. Luft v. Evers, 963 F.3d 665 (2020).

The requirements in sub. (6m) (f) that a student identification card must display:

1) an issuance date; 2) an expiration date; 3) an expiration date not more than two years after the issuance date; and 4) a signature, are rationally related to a legitimate governmental interest and do not violate the equal protection clause. Common Cause v. Thomsen, 574 F. Supp. 3d 634 (2021).

5.025 Elections commission; definition. In chs. 5 to 10

and 12, XcommissionY means the elections commission.

History: 2015 a. 118 s. 2; Stats. 2015 s. 5.025.

5.05 Elections commission; powers and duties. (1)

GENERAL AUTHORITY. The elections commission shall have the responsibility for the administration of chs. 5 to 10 and 12 and other laws relating to elections and election campaigns, other than laws relating to campaign financing. Pursuant to such responsi-bility, the commission may:

(b) In the discharge of its duties and after providing notice to any party who is the subject of an investigation, subpoena and bring before it any person and require the production of any pa-pers, books, or other records relevant to an investigation. Not-withstanding s. 885.01 (4), the issuance of a subpoena requires action by the commission at a meeting of the commission. In the

2021-22 Wisconsin Statutes updated through 2023 Wis. Act 272 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on November 8, 2024. Published and certified under s. 35.18. Changes effective after November 8, 2024, are designated by NOTES. (Published 11-8-24) https://docs.legis.wisconsin.gov/document/statutes/11.0101(26) https://docs.legis.wisconsin.gov/document/statutes/11.0101(26) https://docs.legis.wisconsin.gov/document/statutes/343.14(3m) https://docs.legis.wisconsin.gov/document/statutes/343.50(4g) https://docs.legis.wisconsin.gov/document/statutes/6.03 https://docs.legis.wisconsin.gov/document/statutes/5.62(1)(b) https://docs.legis.wisconsin.gov/document/statutes/5.62(1)(b) https://docs.legis.wisconsin.gov/document/statutes/5.62(2) https://docs.legis.wisconsin.gov/document/statutes/5.02(5) https://docs.legis.wisconsin.gov/document/statutes/5.02(12s) https://docs.legis.wisconsin.gov/document/statutes/5.02(21) https://docs.legis.wisconsin.gov/document/statutes/5.02(22) https://docs.legis.wisconsin.gov/document/statutes/5.02(5) https://docs.legis.wisconsin.gov/document/statutes/5.02(12s) https://docs.legis.wisconsin.gov/document/statutes/5.02(21) https://docs.legis.wisconsin.gov/document/statutes/5.02(22) https://docs.legis.wisconsin.gov/document/acts/1971/211 https://docs.legis.wisconsin.gov/document/acts/1971/304 https://docs.legis.wisconsin.gov/document/acts/1971/304%2C%20s.%202 https://docs.legis.wisconsin.gov/document/acts/1971/304%2C%20s.%2029 https://docs.legis.wisconsin.gov/document/acts/1973/280 https://docs.legis.wisconsin.gov/document/acts/1973/334 https://docs.legis.wisconsin.gov/document/acts/1975/93 https://docs.legis.wisconsin.gov/document/acts/1977/107 https://docs.legis.wisconsin.gov/document/acts/1977/187 https://docs.legis.wisconsin.gov/document/acts/1977/394 https://docs.legis.wisconsin.gov/document/acts/1977/427 https://docs.legis.wisconsin.gov/document/acts/1977/427%2C%20s.%203 https://docs.legis.wisconsin.gov/document/acts/1977/427%2C%20s.%2014 https://docs.legis.wisconsin.gov/document/acts/1977/449 https://docs.legis.wisconsin.gov/document/acts/1979/32 https://docs.legis.wisconsin.gov/document/acts/1979/89 https://docs.legis.wisconsin.gov/document/acts/1979/221 https://docs.legis.wisconsin.gov/document/acts/1979/260 https://docs.legis.wisconsin.gov/document/acts/1979/260 https://docs.legis.wisconsin.gov/document/acts/1979/260%2C%20s.%201m https://docs.legis.wisconsin.gov/document/acts/1979/260%2C%20s.%2073 https://docs.legis.wisconsin.gov/document/acts/1979/260%2C%20s.%2075 https://docs.legis.wisconsin.gov/document/acts/1979/311 https://docs.legis.wisconsin.gov/document/acts/1979/328 https://docs.legis.wisconsin.gov/document/acts/1981/4 https://docs.legis.wisconsin.gov/document/acts/1981/391 https://docs.legis.wisconsin.gov/document/acts/1983/484 https://docs.legis.wisconsin.gov/document/acts/1983/484%2C%20s.%205 https://docs.legis.wisconsin.gov/document/acts/1983/484%2C%20s.%205c https://docs.legis.wisconsin.gov/document/acts/1983/484%2C%20s.%20124m https://docs.legis.wisconsin.gov/document/acts/1983/484%2C%20s.%20128 https://docs.legis.wisconsin.gov/document/acts/1985/303 https://docs.legis.wisconsin.gov/document/acts/1985/304 https://docs.legis.wisconsin.gov/document/acts/1985/304%2C%20s.%201m https://docs.legis.wisconsin.gov/document/acts/1985/304%2C%20s.%202 https://docs.legis.wisconsin.gov/document/acts/1985/304%2C%20s.%20155 https://docs.legis.wisconsin.gov/document/acts/1987/391 https://docs.legis.wisconsin.gov/document/acts/1987/391%2C%20s.%201 https://docs.legis.wisconsin.gov/document/acts/1987/391%2C%20s.%201r https://docs.legis.wisconsin.gov/document/acts/1987/391%2C%20s.%2066w https://docs.legis.wisconsin.gov/document/acts/1989/31 https://docs.legis.wisconsin.gov/document/acts/1989/31 https://docs.legis.wisconsin.gov/document/acts/1991/5 https://docs.legis.wisconsin.gov/document/acts/1993/140 https://docs.legis.wisconsin.gov/document/acts/1993/184 https://docs.legis.wisconsin.gov/document/acts/1995/16 https://docs.legis.wisconsin.gov/document/acts/1995/16%2C%20s.%202 https://docs.legis.wisconsin.gov/document/acts/1995/27 https://docs.legis.wisconsin.gov/document/acts/1995/27%2C%20s.%209145 https://docs.legis.wisconsin.gov/document/acts/1995/219 https://docs.legis.wisconsin.gov/document/acts/1997/35 https://docs.legis.wisconsin.gov/document/acts/2001/16 https://docs.legis.wisconsin.gov/document/acts/2001/109 https://docs.legis.wisconsin.gov/document/acts/2003/24 https://docs.legis.wisconsin.gov/document/acts/2003/265 https://docs.legis.wisconsin.gov/document/acts/2005/177 https://docs.legis.wisconsin.gov/document/acts/2005/451 https://docs.legis.wisconsin.gov/document/acts/2007/1 https://docs.legis.wisconsin.gov/document/acts/2009/397 https://docs.legis.wisconsin.gov/document/acts/2009/397 https://docs.legis.wisconsin.gov/document/acts/2011/23 https://docs.legis.wisconsin.gov/document/acts/2011/32 https://docs.legis.wisconsin.gov/document/acts/2011/45 https://docs.legis.wisconsin.gov/document/acts/2011/75 https://docs.legis.wisconsin.gov/document/acts/2013/165 https://docs.legis.wisconsin.gov/document/acts/2015/117 https://docs.legis.wisconsin.gov/document/acts/2015/118 https://docs.legis.wisconsin.gov/document/acts/2015/261 https://docs.legis.wisconsin.gov/document/acts/2017/369 https://docs.legis.wisconsin.gov/document/acts/2023/126 https://docs.legis.wisconsin.gov/document/acts/2023/126 https://docs.legis.wisconsin.gov/document/courts/2021%20WI%2032 https://docs.legis.wisconsin.gov/document/courts/396%20Wis.%202d%20391 https://docs.legis.wisconsin.gov/document/courts/957%20N.W.2d%20208 https://docs.legis.wisconsin.gov/document/courts/957%20N.W.2d%20208 https://docs.legis.wisconsin.gov/document/wisupremecourt/19-2397 https://docs.legis.wisconsin.gov/document/courts/963%20F.3d%20665 https://docs.legis.wisconsin.gov/document/courts/963%20F.3d%20665 https://docs.legis.wisconsin.gov/document/courts/574%20F.%20Supp.%203d%20634 https://docs.legis.wisconsin.gov/document/statutes/ch.%205 https://docs.legis.wisconsin.gov/document/statutes/ch.%2010 https://docs.legis.wisconsin.gov/document/statutes/ch.%2012 https://docs.legis.wisconsin.gov/document/acts/2015/118 https://docs.legis.wisconsin.gov/document/acts/2015/118%2C%20s.%202 https://docs.legis.wisconsin.gov/document/statutes/ch.%205 https://docs.legis.wisconsin.gov/document/statutes/ch.%2010 https://docs.legis.wisconsin.gov/document/statutes/ch.%2012 https://docs.legis.wisconsin.gov/document/statutes/885.01(4)

4 5.05 ELECTIONS — GENERAL PROVISIONS; BALLOTS & VOTING

discharge of its duties, the commission may cause the deposition of witnesses to be taken in the manner prescribed for taking de-positions in civil actions in circuit court.

(c) Bring civil actions to require a forfeiture for any violation of chs. 5 to 10 or 12. The commission may compromise and set-tle any civil action or potential action brought or authorized to be brought by it which, in the opinion of the commission, constitutes a minor violation, a violation caused by excusable neglect, or which for other good cause shown, should not in the public inter-est be prosecuted under such chapter. Notwithstanding s. 778.06, a civil action or proposed civil action authorized under this para-graph may be settled for such sum as may be agreed between the parties. Any settlement made by the commission shall be in such amount as to deprive the alleged violator of any benefit of his or her wrongdoing and may contain a penal component to serve as a deterrent to future violations. In settling civil actions or proposed civil actions, the commission shall treat comparable situations in a comparable manner and shall assure that any settlement bears a reasonable relationship to the severity of the offense or alleged offense. Except as otherwise provided in sub. (2m) (c) 15. and

16. and ss. 5.08 and 5.081, forfeiture actions brought by the com-mission shall be brought in the circuit court for the county where the defendant resides, or if the defendant is a nonresident of this state, in circuit court for the county wherein the violation is al-leged to occur. For purposes of this paragraph, a person other than an individual resides within a county if the person[s princi-pal place of operation is located within that county. Whenever the commission enters into a settlement agreement with an indi-vidual who is accused of a civil violation of chs. 5 to 10 or 12 or who is investigated by the commission for a possible civil viola-tion of one of those provisions, the commission shall reduce the agreement to writing, together with a statement of the commis-sion[s findings and reasons for entering into the agreement and shall retain the agreement and statement in its office for inspection.

(d) Sue for injunctive relief, a writ of mandamus or prohibi-tion, or other such legal or equitable relief as may be appropriate to enforce any law regulating the conduct of elections or election campaigns, other than laws regulating campaign financing, or en-sure its proper administration. No bond is required in such ac-tions. Actions shall be brought in circuit court for the county where a violation occurs or may occur.

(e) Issue an order under s. 5.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a), exempt a munici-pality from the requirement to use voting machines or an elec-tronic voting system under s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under s. 7.30 (4) (e).

(f) Promulgate rules under ch. 227 applicable to all jurisdic-tions for the purpose of interpreting or implementing the laws regulating the conduct of elections or election campaigns, other than laws regulating campaign financing, or ensuring their proper administration.

(1e) ACTIONS BY THE COMMISSION. Any action by the com-mission, except an action relating to procedure of the commis-sion, requires the affirmative vote of at least two-thirds of the members.

(2m) ENFORCEMENT. (a) The commission shall investigate violations of laws administered by the commission and may pros-ecute alleged civil violations of those laws, directly or through its agents under this subsection, pursuant to all statutes granting or assigning that authority or responsibility to the commission.

Prosecution of alleged criminal violations investigated by the commission may be brought only as provided in par. (c) 11., 14., 15., and 16. and s. 978.05 (1). For purposes of this subsection, the commission may only initiate an investigation of an alleged violation of chs. 5 to 10 and 12, other than an offense described under par. (c) 12., based on a sworn complaint filed with the com-mission, as provided under par. (c). Neither the commission nor any member or employee of the commission, including the com-mission administrator, may file a sworn complaint for purposes of this subsection.

(c) 2. a. Any person may file a complaint with the commis-sion alleging a violation of chs. 5 to 10 or 12. No later than 5 days after receiving a complaint, the commission shall notify each per-son who or which the complaint alleges committed such a viola-tion. Before voting on whether to take any action regarding the complaint, other than to dismiss, the commission shall give each person receiving a notice under this subd. 2. a. an opportunity to demonstrate to the commission, in writing and within 15 days af-ter receiving the notice, that the commission should take no ac-tion against the person on the basis of the complaint. The com-mission may not conduct any investigation or take any other ac-tion under this subsection solely on the basis of a complaint by an unidentified complainant.

am. If the commission finds, by a preponderance of the evi-dence, that a complaint is frivolous, the commission may order the complainant to forfeit not more than the greater of $500 or the expenses incurred by the commission in investigating the complaint.

4. If the commission reviews a complaint and fails to find that there is a reasonable suspicion that a violation under subd. 2.

has occurred or is occurring, the commission shall dismiss the complaint. If the commission believes that there is reasonable suspicion that a violation under subd. 2. has occurred or is occur-ring, the commission may by resolution authorize the commence-ment of an investigation. The resolution shall specifically set forth any matter that is authorized to be investigated. To assist in the investigation, the commission may elect to retain a special in-vestigator. If the commission elects to retain a special investiga-tor, the administrator of the commission shall submit to the com-mission the names of 3 qualified individuals to serve as a special investigator. The commission may retain one or more of the indi-viduals. If the commission retains a special investigator to inves-tigate a complaint against a person who is a resident of this state, the commission shall provide to the district attorney for the county in which the person resides a copy of the complaint and shall notify the district attorney that it has retained a special in-vestigator to investigate the complaint. For purposes of this sub-division, a person other than an individual resides within a county if the person[s principal place of operation is located within that county. The commission shall enter into a written contract with any individual who is retained as a special investigator setting forth the terms of the engagement. A special investigator who is retained by the commission may request the commission to issue a subpoena to a specific person or to authorize the special investi-gator to request the circuit court of the county in which the spe-cific person resides to issue a search warrant. The commission may grant the request by approving a motion to that effect at a meeting of the commission if the commission finds that such ac-tion is legally appropriate.

5. Each special investigator who is retained by the commis-sion shall make periodic reports to the commission, as directed by the commission, but in no case may the interval for reporting exceed 30 days. If the commission authorizes the commission administrator to investigate any matter without retaining a special investigator, the administrator shall make periodic reports to the commission, as directed by the commission, but in no case may the reporting interval exceed 30 days. During the pendency of any investigation, the commission shall meet for the purpose of

2021-22 Wisconsin Statutes updated through 2023 Wis. Act 272 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on November 8, 2024. Published and certified under s. 35.18. Changes effective after November 8, 2024, are designated by NOTES. (Published 11-8-24) https://docs.legis.wisconsin.gov/document/statutes/ch.%205 https://docs.legis.wisconsin.gov/document/statutes/ch.%2010 https://docs.legis.wisconsin.gov/document/statutes/ch.%2012 https://docs.legis.wisconsin.gov/document/statutes/778.06 https://docs.legis.wisconsin.gov/document/statutes/5.05(2m)(c)15.

https://docs.legis.wisconsin.gov/document/statutes/5.05(2m)(c)16.

https://docs.legis.wisconsin.gov/document/statutes/5.08 https://docs.legis.wisconsin.gov/document/statutes/5.081 https://docs.legis.wisconsin.gov/document/statutes/ch.%205 https://docs.legis.wisconsin.gov/document/statutes/ch.%2010 https://docs.legis.wisconsin.gov/document/statutes/ch.%2012 https://docs.legis.wisconsin.gov/document/statutes/5.06 https://docs.legis.wisconsin.gov/document/statutes/5.25(4)(a) https://docs.legis.wisconsin.gov/document/statutes/5.40(5m) https://docs.legis.wisconsin.gov/document/statutes/6.79 https://docs.legis.wisconsin.gov/document/statutes/7.30(4)(e) https://docs.legis.wisconsin.gov/document/statutes/ch.%20227 https://docs.legis.wisconsin.gov/document/statutes/5.05(2m)(c)11.

https://docs.legis.wisconsin.gov/document/statutes/5.05(2m)(c)14.

https://docs.legis.wisconsin.gov/document/statutes/5.05(2m)(c)15.

https://docs.legis.wisconsin.gov/document/statutes/5.05(2m)(c)16.

https://docs.legis.wisconsin.gov/document/statutes/978.05(1) https://docs.legis.wisconsin.gov/document/statutes/ch.%205 https://docs.legis.wisconsin.gov/document/statutes/ch.%2010 https://docs.legis.wisconsin.gov/document/statutes/ch.%2012 https://docs.legis.wisconsin.gov/document/statutes/5.05(2m)(c)12.

https://docs.legis.wisconsin.gov/document/statutes/5.05(2m)(c) https://docs.legis.wisconsin.gov/document/statutes/ch.%205 https://docs.legis.wisconsin.gov/document/statutes/ch.%2010 https://docs.legis.wisconsin.gov/document/statutes/ch.%2012 https://docs.legis.wisconsin.gov/document/statutes/5.05(2m)(c)2.a.

https://docs.legis.wisconsin.gov/document/statutes/5.05(2m)(c)2.

ELECTIONS — GENERAL PROVISIONS; BALLOTS & VOTING 5.055 Updated 21-22 Wis. Stats.

reviewing the progress of the investigation at least once every 90 days. The special investigator or the administrator shall report in person to the commission at that meeting concerning the progress of the investigation. If, after receiving a report, the commission does not vote to continue an investigation for an additional period not exceeding 90 days, the investigation is terminated at the end of the reporting interval. The commission shall not expend more than $25,000 to finance the cost of an investigation before receiv-ing a report on the progress of the investigation and a recommen-dation to commit additional resources. The commission may vote to terminate an investigation at any time. If an investigation is terminated, any complaint from which the investigation arose is deemed to be dismissed by the commission. Unless an investiga-tion is terminated by the commission, at the conclusion of each investigation, the administrator shall present to the commission one of the following:

a. A recommendation to make a finding that probable cause exists to believe that one or more violations under subd. 2. have occurred or are occurring, together with a recommended course of action.

b. A recommendation for further investigation of the matter together with facts supporting that course of action.

c. A recommendation to terminate the investigation due to lack of sufficient evidence to indicate that a violation under subd.

2 has occurred or is occurring.

6. a. If the commission finds that there is probable cause to believe that a violation under subd. 2. has occurred or is occur-ring, the commission may authorize the commission administra-tor to file a civil complaint against the alleged violator. In such case, the administrator may request the assistance of special counsel to prosecute any action brought by the commission. If the administrator requests the assistance of special counsel with respect to any matter, the administrator shall submit to the com-mission the names of 3 qualified individuals to serve as special counsel. The commission may retain one of the individuals to act as special counsel. The staff of the commission shall provide as-sistance to the special counsel as may be required by the counsel to carry out his or her responsibilities.

b. The commission shall enter into a written contract with any individual who is retained as special counsel setting forth the terms of the engagement. The contract shall set forth the com-pensation to be paid such counsel by the state. The contract shall be executed on behalf of the state by the commission and the commission shall file the contract in the office of the secretary of state. The compensation shall be charged to the appropriation under s. 20.510 (1) (br).

7. No individual who is appointed or retained by the com-mission to serve as special counsel or as a special investigator is subject to approval under s. 20.930.

9. At the conclusion of its investigation, the commission shall, in preliminary written findings of fact and conclusions based thereon, make a determination of whether or not probable cause exists to believe that a violation under subd. 2. has occurred or is occurring. If the commission determines that no probable cause exists, it shall dismiss the complaint. Whenever the com-mission dismisses a complaint or a complaint is deemed to be dis-missed under subd. 5., the commission shall immediately send written notice of the dismissal to the accused and to the party who made the complaint.

10. The commission shall inform the accused or his or her counsel of exculpatory evidence in its possession.

11. If the commission finds that there is probable cause to believe that a violation under subd. 2. has occurred or is occur-ring, the commission may, in lieu of civil prosecution of any mat-ter by the commission, refer the matter to the district attorney for the county in which the alleged violator resides, or if the alleged violator is a nonresident, to the district attorney for the county where the matter arises, or if par. (i) applies, to the attorney gen-eral or a special prosecutor. For purposes of this subdivision, a person other than a natural person resides within a county if the person[s principal place of operation is located within that county.

12. The commission shall, by rule, prescribe categories of civil offenses which the commission will agree to compromise and settle without a formal investigation upon payment of speci-fied amounts by the alleged offender. The commission may au-thorize the commission administrator to compromise and settle such alleged offenses in the name of the commission if the al-leged offenses by an offender, in the aggregate, do not involve payment of more than $2,500.

13. If a special investigator or the commission administrator, in the course of an investigation authorized by the commission, discovers evidence that a violation under subd. 2. that was not within the scope of the authorized investigation has occurred or is occurring, the special investigator or the administrator may present that evidence to the commission. If the commission finds that there is a reasonable suspicion that a violation under subd. 2.

that is not within the scope of the authorized investigation has oc-curred or is occurring, the commission may authorize the special investigator or the administrator to investigate the alleged viola-tion or may elect to authorize a separate investigation of the al-leged violation as provided in subd. 4.

14. If a special investigator or the commission administrator, in the course of an investigation authorized…