In Wisconsin, there are two circumstances in which a voter may cast a provisional ballot: (1) if the voter is unable or unwilling to provide proof of identification, or (2) if the voter attempts to register at the polling place and is unable or unwilling to list a driver’s license or identification number on the voter’s registration application. “EAM” at 113. A voter is not able to cast a provisional ballot if the voter goes to the wrong polling place (unlike in some states). “EAM” at 113. Provisional ballots that are cast are not counted unless and until the voter provides the required information (driver’s license number, state ID card number, or proof of identification) no later than 4 p.m. on the Friday after the election. “EAM” at 118.
When the polling place closes on Election Day, the Election Inspectors secure provisional ballots that were cast in a separate ballot bag. **“EAM” at 116. The Election Inspectors complete a form listing all of the voters who cast provisional ballots and provide the form to the Municipal Clerk. “EAM” at 109.
On election night, the Municipal Clerk posts the number of pending provisional ballots by reporting unit. Wis. Stat. Ann. § 7.15(15). The Municipal Clerk also enters provisional ballot information into the Provisional Ballot Tracking System. “EAM” at 201. The Municipal Clerk must continually update the information in the tracking system as provisional ballots become eligible to be counted. “EAM” at 202.
A voter who cast a provisional ballot may return to the polling place before polls close to provide the missing documentation to the Election Inspectors. “EAM” at 116. If the documentation is valid, the Election Inspectors should offer the individual the option of spoiling the provisional ballot and voting a regular ballot. “EAM” at 116. A voter can also provide identification at the Municipal Clerk’s office no later than 4 p.m. on the Friday after the election to cure the voter’s provisional ballot. Wis. Stat. Ann. § 6.97(3)(b).
Prior to 4 p.m. on the Friday after the election, if the Municipal Clerk determines that a voter who cast a provisional ballot is qualified to vote, the Municipal Clerk notifies the Municipal Board of Canvassers that the vote should be counted. Wis. Stat. Ann. § 6.97(3)(b). A provisional ballot cannot be counted unless the Municipal Clerk has provided the Municipal Board of Canvassers timely notification that the voter has cured the issue. Wis. Stat. Ann. § 6.97(3)(c).
Immediately after the Friday cure deadline, the Municipal Clerk transmits the final provisional ballots and forms to the Municipal Clerk and to the clerks of any other affected level of government. “EAM” at 202. The Municipal Clerk then schedules an open meeting of the Municipal Board of Canvassers to process and count the provisional ballots. “EAM” at 202.
The Municipal Board of Canvassers meets no earlier than the Friday after the election at 4 p.m. and no later than 9 a.m. on the Monday following the election to process, count, and record provisional ballots. Wis. Stat. Ann. § 6.97(4). The Municipal Board of Canvassers examines each provisional ballot to determine that the missing information has been provided and that the ballot envelope is sufficient. “EAM” at 203. After all provisional ballots have been processed, the Municipal Board of Canvassers counts and records the votes. “EAM” at 204. The Municipal Board of Canvassers secures the ballots, reseals the ballot container, and completes forms and signs certificates. “EAM” at 205. If the Municipal Board of Canvassers has already met and is reconvening to process provisional ballots, the board must amend the municipal canvass. “EAM” at 206.
After the meeting, the Municipal Clerk transmits to the County Clerk a copy of the amended returns and all additional ballots the Municipal Board of Canvassers reviewed. Wis. Stat. Ann. § 6.97(4).