In Wisconsin, any person qualified to vote in the state may challenge a ballot, including ballots cast on Election Day and absentee ballots. “EAM” at 191. The challenge must be for cause — the person challenging the ballot must have reason to believe that the person casting the challenged ballot does not meet the qualifications to vote. “EAM” at 191. Reasons for a challenge may include age, residency, citizenship, ability to sign the poll list, or disqualification from voting, but all challenges should have “reasonable and appropriate” support. “EAM” at 192.
On Election Day, any person qualified to vote in Wisconsin may challenge for cause the voting eligibility of any person attempting to vote. Wis. Stat. Ann. § 6.925. The person making the challenge must either know or suspect that the challenged person is not qualified to vote. Wis. Stat. Ann. § 6.925. If a challenge occurs, one of the Election Inspectors administers an oath or affirmation to the challenged person and asks questions to determine eligibility. Wis. Stat. Ann. § 6.925. An Election Inspector may also challenge the voting eligibility of any person attempting to vote if the Inspector knows or suspects that the person is not qualified or if a person does not adhere to any voting requirement. Wis. Stat. Ann. § 6.92. If an Inspector makes a challenge, another Inspector administers the oath or affirmation and conducts the questioning of the challenged person. Wis. Stat. Ann. § 6.92.
Once the challenged person has taken the oath or affirmation and responded to the Election Inspector’s questions, the person making the challenge may withdraw the challenge. “EAM” at 192. If the person making the challenge withdraws the challenge, the challenged person may vote by regular ballot with no special notation. “EAM” at 192. Otherwise, the Election Inspectors issue a ballot to the challenged person with a special notation. Wis. Stat. Ann. § 6.95; “EAM” at 192. Once marked, the Election Inspectors place the ballot in the ballot box and note on the voter lists and the Inspectors’ statement that the ballot is challenged and the reason for the challenge. Wis. Stat. Ann. § 6.95; “EAM” at 192.
The challenge process should not be abused, and Election Inspectors have the discretion to remove a person who is abusing the process from the polling place. “EAM” at 192.
Any person qualified to vote can also challenge any absentee vote for cause. Wis. Stat. Ann. § 7.52(5)(a). The Board of Absentee Ballot Canvassers hears and determines the legality of challenged absentee ballots. Wis. Stat. Ann. § 7.52(5)(a). To make its decision, the Board of Absentee Ballot Canvassers may call before it the person whose absentee ballot is challenged. Wis. Stat. Ann. § 7.52(5)(b). The Board of Absentee Ballot Canvassers, like the Election Inspectors do at the polling place, questions the person whose ballot is challenged and administers an oath or affirmation. Wis. Stat. Ann. § 7.52(5)(b). If the person whose ballot is challenged answers the questions such that the person meets the voting qualification requirements and takes the oath or affirmation, the Board of Absentee Ballot Canvassers will “receive” the person’s vote. Wis. Stat. Ann. § 7.52(5)(b). The Board of Absentee Ballot Canvassers itself can challenge absentee ballots in the same manner as Election Inspectors may at polling places. Wis. Stat. Ann. § 7.52(6).
Determinations about whether challenged ballots are valid are made by the Board of Municipal Canvassers during its canvass. Wis. Stat. Ann. § 6.95. If returns are reported to the county, the Board of County Canvassers may review challenges during its canvass. Wis. Stat. Ann. § 6.95. The WEC may also review challenges to ballots for statewide office during its canvass. Wis. Stat. Ann. § 6.95.
The standard to disqualify a challenged ballot is high. The person challenging the ballot must demonstrate beyond a reasonable doubt that the person whose ballot is challenged is not qualified to vote or is not properly registered to vote. Wis. Stat. Ann. § 6.325. If this burden is not met, the challenged ballots are determined to be valid and are counted.
The decision of any Board of Canvassers or the WEC about a challenged ballot may be appealed to the courts following the procedures for recounts. Wis. Stat. Ann. § 6.95. See Recounts for more.
.