2025 Wisconsin Statutes & Annotations
Chapter 6 - The electors.
6.84 - Construction.
6.84 Construction.
(1) Legislative policy. The legislature finds that voting is a constitutional right, the vigorous exercise of which should be strongly encouraged. In contrast, voting by absentee ballot is a privilege exercised wholly outside the traditional safeguards of the polling place. The legislature finds that the privilege of voting by absentee ballot must be carefully regulated to prevent the potential for fraud or abuse; to prevent overzealous solicitation of absent electors who may prefer not to participate in an election; to prevent undue influence on an absent elector to vote for or against a candidate or to cast a particular vote in a referendum; or other similar abuses.
(2) Interpretation. Notwithstanding s. 5.01 (1), with respect to matters relating to the absentee ballot process, ss. 6.86, 6.87 (3) to (7) and 9.01 (1) (b) 2. and 4. shall be construed as mandatory. Ballots cast in contravention of the procedures specified in those provisions may not be counted. Ballots counted in contravention of the procedures specified in those provisions may not be included in the certified result of any election.
History: 1985 a. 304; 1987 a. 391.
Sub. (1) is merely a declaration of legislative policy setting forth that absentee balloting must be carefully regulated. Nothing in sub. (1) provides any rule of interpretation applying to the statutes that follow. This section does nothing to alter the conclusion that drop boxes are not in contravention of the statutory procedures. Priorities USA v. Wisconsin Elections Commission, 2024 WI 32, 412 Wis. 2d 594, 8 N.W.3d 429, 24-0164.
