5.72 Correcting ballot errors.
(1) As soon as possible after ballots are delivered to the county clerk or to the municipal clerk if the municipality is preparing ballots under s. 7.15 (2), but not later than 3 weeks before any election relating to a state or national office or statewide referendum, the county or municipal clerk preparing the ballots shall submit one copy of each ballot to the commission for review of possible errors. If the contractor preparing the ballots supplies proofs in advance of ballot preparation, the clerk shall submit one copy of the proofs in lieu of actual ballots. If a voting machine ballot or other ballot combining local candidates or referenda with state or national candidates or referenda is used, the entire ballot shall be submitted, but if ballots intended for distribution to electors are used, only those ballots relating to state or national offices and statewide referenda need be submitted. This subsection does not require delay of ballot distribution or mailing of absentee ballots.
(2) The commission shall review ballots and proof copies submitted under sub. (1) and shall notify the county and municipal clerk of any error as soon as possible but in no event later than 7 days after submission. The clerk is not required to correct a ballot error upon receipt of notice of the error, unless ordered to do so under sub. (3) or s. 5.06 (6).
(3) Whenever an affidavit is filed by the commission or any elector alleging an error or omission in the preparation of a ballot, the circuit court for the county where the ballot is proposed to be used or its presiding judge, by order, may summarily require a county or municipal clerk to correct the error, or show cause why it should not be corrected and, by order, after the hearing, have the correction made.
History: 1979 c. 260; 1979 c. 311 s. 19; 1979 c. 355 ss. 9, 10; Stats. 1979 s. 5.72; 1981 c. 377; 1983 a. 484; 2015 a. 118 s. 266 (10).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 5 - Elections — general provisions; ballots and voting systems.
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.
5.15 - Division of municipalities into wards.
5.18 - Enforcement of division requirement.
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.
5.52 - Multi-candidate elections.
5.53 - Voting machine ballots.
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.
5.72 - Correcting ballot errors.
5.76 - Adoption, experimentation or discontinuance of systems.
5.79 - Instruction of electors.
5.80 - Demonstrator electronic voting system.
5.81 - Ballot information; arrangement; absentee 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.
5.91 - Requisites for approval of ballots, devices and equipment.