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 Having voted previously in this election?(3) If the challenge is withdrawn by the inspector, the challenge procedure shall be halted, but a written record of the procedural steps taken, up to the withdrawal, shall be preserved in accordance with s. EL 9.05.(4) If the challenge is not withdrawn by the inspector after the person offering to vote has answered the questions asked under sub.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