Section EL 9.02 - Elector making challenge in person Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. Any elector who abuses the right to challenge under s. 6.925, Stats., may be subject to sanctions available to inspectors under s. 7.41(3), Stats. An elector has cause to challenge a person as being unqualified to vote if the challenging elector 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 elector, the following procedure shall be followed: (1) One of the inspectors shall administer the following oath or affirmation of veracity to the challenging elector: "You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding the challenged person's place of residence and qualifications as an elector of this election."(2) The inspector shall ask the challenger if he or she is an elector and then ask only those of the following questions which are appropriate to determine the qualifications of the challenged elector:(a) Why do you believe that the challenged elector is not a United States citizen?(b) Why do you believe that the challenged elector is not at least 18 years of age?(c) Why do you believe that the challenged elector has not, for at least the 10 days before this election, resided in, or been a resident of, the ward or election district from which he or she seeks to vote?(d) For which of the following reasons, and why, do you believe the challenged elector is currently disqualified from voting:1. A felony conviction for which the challenged elector is still serving probation or is on parole or extended supervision?2. A judge's ruling that he or she is incapable of voting?3. Having made a bet or wager on this election?4. Having voted previously in this election?(3) One of the inspectors shall then administer the oath or affirmation of veracity to the challenged elector under sub. (1) and ask the challenged elector only the questions under s. EL 9.01(2) which are appropriate to test the elector's qualifications based on the cause for the challenge.(4) One of the inspectors shall then ask the challenging elector if he or she withdraws the challenge. If the challenge is withdrawn by the challenging elector, the challenge procedure shall be halted, but a written record of the procedure up to the withdrawal shall be preserved in accordance with s. EL 9.05.(5) If the challenge is not withdrawn after the person offering to vote has answered the questions under s. EL 9.01(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."(6) If the person challenged refuses to take the oath or affirmation of eligibility under sub. (5), the inspectors shall not issue a ballot to the person challenged.(7) 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.(8) If the person challenged answers fully all relevant questions put to the elector by the inspector under s. EL 9.01(2), takes the oath or affirmation of eligibility under sub. (5), 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.Wis. Admin. Code Elections Commission § EL 9.02
Renumbered from GAB 9.02, correction in (3) to (5), (8) made under s. 13.92(4) (b) 7, Stats., Register June 2016 No. 726, eff. 7/1/2016.