2025 Wisconsin Statutes & Annotations
Chapter 19 - General duties of public officials.
19.88 - Ballots, votes and records.

19.88 Ballots, votes and records.

(1) Unless otherwise specifically provided by statute, no secret ballot may be utilized to determine any election or other decision of a governmental body except the election of the officers of such body in any meeting.

(2) Except as provided in sub. (1) in the case of officers, any member of a governmental body may require that a vote be taken at any meeting in such manner that the vote of each member is ascertained and recorded.

(3) The motions and roll call votes of each meeting of a governmental body shall be recorded, preserved and open to public inspection to the extent prescribed in subch. II of ch. 19.

History: 1975 c. 426; 1981 c. 335 s. 26.

The plaintiff newspaper argued that sub. (3), which requires “the motions and roll call votes of each meeting of a governmental body shall be recorded, preserved and open to public inspection,” in turn, required the defendant commission to record and disclose the information the newspaper requested under the open records law. The newspaper could not seek relief under the public records law for the commission’s alleged violation of the open meetings law and could not recover reasonable attorney fees, damages, and other actual costs under s. 19.37 (2) for an alleged violation of the open meetings law. Journal Times v. City of Racine Board of Police & Fire Commissioners, 2015 WI 56, 362 Wis. 2d 577, 866 N.W.2d 563, 13-1715.

Compliance with sub. (3) does not immunize officials’ conduct in violation of s. 19.83 (1). State ex rel. Wied v. Wheeler, 2025 WI App 16, 415 Wis. 2d 542, 19 N.W.3d 686, 22-1953.

Open meetings law does not allow for discussion communicated secretly so that members of the public are kept in the dark as to what public officials said. In this case, school board members communicated secretly regarding which single candidate would be put before the board for the ultimate vote to fill a vacant seat, thereby affecting who would be in a position of power to significantly impact district policy and finances. State ex rel. Wied v. Wheeler, 2025 WI App 16, 415 Wis. 2d 542, 19 N.W.3d 686, 22-1953.

Under sub. (1), a common council may not vote to fill a vacancy on the common council by secret ballot. 65 Atty. Gen. 131.