12.13 Election fraud.

865 words·~4 min read·/wi/chapter-12/12-13-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Electors. Whoever intentionally does any of the following violates this chapter:

(a)Votes at any election or meeting if that person does not have the necessary elector qualifications and residence requirements.

(b)Falsely procures registration or makes false statements to the municipal clerk, board of election commissioners or any other election official whether or not under oath.

(c)Registers as an elector in more than one place for the same election.

(d)Impersonates a registered elector or poses as another person for the purpose of voting at an election.

(e)Votes more than once in the same election.

(f)Shows his or her marked ballot to any person or places a mark upon the ballot so it is identifiable as his or her ballot.

(g)Procures an official ballot and neglects or refuses to cast or return it. This paragraph does not apply to persons who have applied for and received absentee ballots.

(h)Procures, assists or advises someone to do any of the acts prohibited by this subsection.

(2)Election officials.

(a)The willful neglect or refusal by an election official to perform any of the duties prescribed under chs. 5 to 12 is a violation of this chapter.

(b)No election official may:

1. Observe how an elector has marked a ballot unless the official is requested to assist the elector; intentionally permit anyone not authorized to assist in the marking of a ballot to observe how a person is voting or has voted; or disclose to anyone how an elector voted other than as is necessary in the course of judicial proceedings.

2. Illegally issue, write, change or alter a ballot on election day.

3. Permit registration or receipt of a vote from a person who the official knows is not a legally qualified elector or who has refused after being challenged to make the oath or to properly answer the necessary questions pertaining to the requisite requirements and residence; or put into the ballot box a ballot other than the official’s own or other one lawfully received.

4. Intentionally assist or cause to be made a false statement, canvass, certificate or return of the votes cast at any election.

5. Willfully alter or destroy a poll or registration list.

6. Intentionally permit or cause a voting machine, voting device or automatic tabulating equipment to fail to correctly register or record a vote cast thereon or inserted therein, or tamper with or disarrange the machine, device or equipment or any part or appliance thereof; cause or consent to the machine, device or automatic tabulating equipment being used for voting at an election with knowledge that it is out of order or is not perfectly set and adjusted so that it will correctly register or record all votes cast thereon or inserted therein; with the purpose of defrauding or deceiving any elector, cause doubt for what party, candidate or proposition a vote will be cast or cause the vote for one party, candidate or proposition to be cast so it appears to be cast for another; or remove, change or mutilate a ballot on a voting machine, device or a ballot to be inserted into automatic tabulating equipment, or do any similar act contrary to chs. 5 to 12 .

6m. Obtain an absentee ballot for voting in a qualified retirement home or residential care facility under s. 6.875

(6)and fail to return the ballot to the issuing officer.

7. In the course of the person’s official duties or on account of the person’s official position, intentionally violate or intentionally cause any other person to violate any provision of chs. 5 to 12 for which no other penalty is expressly prescribed.

8. Intentionally disclose the name or address of any elector who obtains a confidential listing under s. 6.47

(2)to any person who is not authorized by law to obtain that information.

(3)Prohibited acts. No person may:

(a)Falsify any information in respect to or fraudulently deface or destroy a certificate of nomination, nomination paper, declaration of candidacy or petition for an election, including a recall petition or petition for a referendum; or file or receive for filing a certificate of nomination, nomination paper, declaration of candidacy or any such petition, knowing any part is falsely made.

(ag)Intentionally make or file a false statement withdrawing a person’s candidacy under s. 8.35

(b).

(am)Fail to file an amended declaration of candidacy as provided in s. 8.21 with respect to a change in information filed in an original declaration within 3 days of the time the amended declaration becomes due for filing; or file a false declaration of candidacy or amended declaration of candidacy. This paragraph applies only to candidates for state or local office.

(b)Wrongfully suppress, neglect or fail to file nomination papers in the person’s possession at the proper time and in the proper office; suppress a certificate of nomination which is duly filed.

(c)Willfully or negligently fail to deliver, after having undertaken to do so, official ballots prepared for an election to the proper person, or prevent their delivery within the required time, or destroy or conceal the ballots.