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Wisconsin Election Officials: Rules and Constraints
Guardrails to ensure that Wisconsin election officials cannot disrupt election processes.
Last Updated: March 18, 2024 Published: September 29, 2022Written and published in partnership with All Voting is Local, with special thanks to Ballard Spahr, LLP
In Wisconsin, election officials (the state’s legal term for poll workers) play an essential role in administering elections. They perform duties ranging from registering and assisting voters to securing voting equipment and tabulating results. In recent years, Wisconsin — like other states across the country — has worked diligently to recruit election officials despite shortages. For elections to function well, it is critical that government officials appoint enough qualified individuals from both political parties to serve as election officials. It is equally critical, however, that these officials perform their duties impartially, follow the law, and do not disrupt or interfere with voting and election administration.
In the last election cycle, media reports indicated that individuals who subscribe to falsehoods about election processes are being recruited as poll workers in several battleground states, including Wisconsin. To be clear, state and local government officials should not exclude poll workers based solely on their political beliefs. It is equally clear, however, that they can take reasonable steps to ensure that prospective poll workers are willing to and do, in fact, follow the law on Election Day.
Wisconsin, like other states, already has many guardrails in place to prevent those who seek to undermine elections from qualifying as election officials and disrupting election processes. In advance of the 2024 election cycle, this guide details those guardrails along with further actions that government officials can take to prevent disruptions on Election Day.
All applicants, including political party nominees, must go through the appointment process. Several types of election officials, detailed below, administer Wisconsin elections: chief election inspectors, election inspectors, greeters, tabulators, election registration officials, and special voting deputies. footnote1_ma8ISv88Qpb6 1 Wis. Stat. §§ 5.02(4e), 6.28(1), 6.875(4)(a), 7.30; see also Wis. Elections Comm’n, Election Day Manual for Wisconsin Election Officials (hereinafter “Election Day Manual”), 7 (Feb. 2024), https://elections.wi.gov/sites/default/files/documents/ED%20Manual-February%202024.pdf. Each type of election official must be appointed for a two-year term footnote2_rPbad7o0g64X 2 Wis. Stat. § 7.30(6)(a). —and no later than December of odd-numbered years — through the designated statutory process. footnote3_yvKdZvSuf0Ck 3 Wis. Stat. § 7.30(4); see also Poll Worker Selection, Wis. Elections Comm’n, https://elections.wi.gov/node/1215 (last visited Mar. 15, 2024). Appointments for the 2022 cycle should have been made in December 2021. The appointment process works as follows:
Applicants must meet certain eligibility requirements under Wisconsin law. Wisconsin law requires that all election officials be qualified voters of the county in which the polling place they serve is located, subject to certain exceptions in the event a municipal clerk must appoint a substitute official to fill a vacancy. footnote16_hlo4Zq7GbRDi 16 Wis. Stat. § 7.30(2)(a). Chief election inspectors also must be a qualified voter of the municipality in which they serve. Id.. There is no residency requirement for tabulators. See Election Day Manual, supra note 1, at 13. Election officials also must be able to read and write English, “be capable” and of “good understanding,” and may not be a candidate for any office to be voted on at the polling place. footnote17_dvKRah3qQ4bV 17 Wis. Stat. § 7.30(2)(a). According to the WEC, election inspectors also should not serve in any election in which their spouse or immediate family is a candidate on the ballot or in which a candidate’s success or failure to win would affect the inspector financially. footnote18_icfWRR97sJMo 18 Wis. Elections Comm’n, Election Inspector Service at Election Where A Candidate’s Success or Failure May Affect the Inspector Financially (Feb. 4, 2015), https://elections.wi.gov/memo/election-inspector-service-election-where-candidates-success-or-failure-may-affect-inspector. Sixteen and seventeen-year-old high school students may serve as election inspectors (but not chief election inspectors) provided they obtain parental or guardian approval and meet certain GPA requirements. footnote19_tPxkaHZobNaC 19 Wis. Stat. § 7.30(2)(am).
Election inspectors and special voting deputies must be appointed to ensure bipartisan representation. Wisconsin law provides specific party affiliation requirements to ensure bipartisan representation in the election workforce. Polling places generally must have seven inspectors, split among the two dominant political parties. The party that received the most votes in the previous presidential or gubernatorial election receives four inspectors, while the other party receives three. footnote20_shLfy8teySzK 20 Wis. Stat. § 7.30(1)(a), (2)(a). Election inspector vacancies must be filled by an inspector of the appropriate party. footnote21_iy9CMvNpoJHQ 21 Wis. Stat. § 7.30(2)(b). When a municipal clerk appoints special voting deputies to carry out absentee voting at certain care facilities, they similarly must appoint at least two individuals (one from each dominant political party) whenever possible. footnote22_pIbh1i159ucu 22 Wis. Stat. § 6.875(4)(a).
Election officials must receive training. Wisconsin law requires that municipal clerks ensure election inspectors (including greeters), election registration officials, and special voting deputies attend at least one training program every two years. footnote23_kAaBpvSQYgx6 23 Wis. Stat. § 7.315(1)(a), (b)1, (4). In practice, many municipal clerks provide at least two hours of training. No individual may serve in one of these positions without completing the training, although certain exceptions exist for emergency vacancies. footnote24_azmwVIyGycW8 24 Wis. Stat. § 7.315. The WEC also offers an online self-directed course for high school students serving as election inspectors. footnote25_iXhdiKGCBuOJ 25 Wis. Elections Comm’n, Poll Worker Training Requirements: Election Inspectors (hereinafter “Poll Worker Training Requirements”), https://elections.wi.gov/poll-workers-observers/working-polls/poll-worker-training-requirements (last visited Mar. 15, 2024). Unlike other election officials, chief election inspectors must complete a training course offered by the WEC, as well as an additional four hours of WEC-approved election training. footnote26_vfzdcMijHx6c 26 Id.; Wis. Stat. § 7.31(1). Chief election inspectors can request certification from the WEC only after completing this training requirement; no chief inspector may serve without a certificate, and each certificate must be renewed every two years. footnote27_hVXBCh0dRu3P 27 Wis. Stat. § 7.31(3), (4). Chief election inspectors must have completed their training by December 31, 2023, to recertify for the 2024–2025 term. Poll Worker Training Requirements, supra note 25.
Election officials must be willing to follow applicable laws and procedures. Within fifteen days of appointment, all election officials must sign and file an oath of office with the municipal clerk. footnote28_sem22bmckeJI 28 Wis. Stat. §§ 6.875(5), 7.30(5); Election Day Manual, supra note 1, at 13 (listing the oath requirements and specific oath forms for election inspectors, chief inspectors, election registration officials, greeters, tabulators, and special voting deputies). The oath requires each election official to swear that they “will support the constitution of the United States and the constitution of the State of Wisconsin, and will faithfully discharge the duties of said office to the best of [their] ability.” footnote29_aQRQknazhR3D 29 See Wis. Stat. § 19.01; see also Wis. Elections Comm’n, Official Oath, https://elections.wi.gov/wec-form/official-oath-el-154 (last visited Mar. 15, 2024); see also Wis. Elections Comm’n, Oath of Special Voting Deputy, https://elections.wi.gov/wec-form/oath-special-voting-deputy-el-155 (last visited Mar. 15, 2024). Pursuant to this oath, the municipal clerk or board of election commissioners may remove officials who refuse to sign the oath or demonstrate an unwillingness to comply. footnote30_xgBEwYdCcQ29 30 Wis. Stat. §§ 6.875(4)(b), 7.30(6)(c). They cannot, however, turn away applicants solely on the basis of their viewpoints or beliefs so long as they are consistent with laws governing elections. footnote31_bg7CjzXoNSir 31 See generally U.S. Const. amend. I.
All election officials must answer to their municipal governing body and clerk. Under Wisconsin law, municipal clerks supervise and are responsible for all election activities within their municipality, including the training and performance of election officials. footnote32_npTwpy4vgVxn 32 Wis. Stat. § 7.15(1). Municipalities pay and appoint (either through the governing body or clerk, as detailed above) election officials, and municipal clerks can summarily remove election officials for not satisfying the qualifications described above, failing to attend training sessions, neglecting their official duties, or otherwise engaging in misconduct. footnote33_kqsKR1OISDBX 33 Wis. Stat. §§ 6.875(4)(b), 7.30(6)(c); see also Wis. Stat. § 7.03(1)(a)-(b). Accordingly, election officials must answer only to their municipal governing body and clerk (or, in practice, delegees in the clerk’s office) rather than to their political party or any party official.
Each election official is tasked with specific duties to create a clear chain of command structure. These duties include:
Election officials are further constrained by their duty to follow applicable local, state, and federal laws. footnote47_luGoObuNGXQP 47 Wis. Stat. § 7.30(5); see also supra note 28. Failure to do so may violate their oath of office, warrant discharge by the municipal clerk, and subject them to civil and criminal liability. footnote48_zohguHERMaFq 48 See generally Wis. Stat. §§ 5.05, 12.60; see also Wis. Stat. §§ 6.875(4)(b), 7.30(6)(c), 12.13(2).
Election officials may not intimidate or harass voters. Federal and state laws prohibit actual or attempted intimidation, threats, or coercion against a voter for the purpose of interfering with the right to vote. footnote49_pjatWpyeBK4n 49 52 U.S.C. § 10101(b); 52 U.S.C. § 10307(b); 42 U.S.C. § 1985(3); 18 U.S.C. § 594; Wis. Stat. §§ 12.09, 12.11. Violators are subject to significant civil and criminal liability. footnote50_w4Oz9uDi6RUt 50 Id.; see also Wis. Stat. § 12.60(1)(a). Examples of prohibited intimidation include, but are not limited to, verbal threats of violence, confronting voters while wearing military-style or official-looking uniforms, disrupting voting lines or blocking entrances, directly and aggressively challenging voters’ qualifications, and appearing to patrol or police the voting line while armed. footnote51_d4DMWPEwA95j 51 See, e.g., Wis. Dep’t of Justice, How to Recognize and Report Voter Intimidation in Wisconsin (hereinafter “How to Recognize Voter Intimidation”) (Oct. 29, 2020), https://www.doj.state.wi.us/news-releases/how-recognize-and-report-voter-intimidation-wisconsin.
Election officials may not disrupt elections through disinformation or otherwise attempt to influence voters. In addition to prohibiting voter intimidation, Wisconsin law prohibits election officials from engaging in any activity “intended to influence voting at an election” on Election Day. footnote52_wYLnvQhJBcDv 52 Wis. Stat. § 12.03(1), (4). This prohibition includes, but is not limited to, distributing “election-related material” (e.g., any written material that describes, or claims to describe, voters’ rights or responsibilities) at or near the entrance to polling locations, as doing so may “mislead and confuse” voters. footnote53_hJPNRYYwFVLo 53 Wis. Stat. § 12.035(1)-(2). Wisconsin law further prohibits knowingly making or publishing “a false representation pertaining to a candidate or referendum” with the intent of affecting voting at an election. footnote54_cjH8F3LEjQhS 54 Wis. Stat. § 12.05. Efforts to spread disinformation — including false information about who can vote, how and when they can vote, or other aspects of the election process, such as vote counting and registration list maintenance — may therefore violate these provisions and warrant removal.
Election officials must follow proper procedures when challenging voters. Wisconsin law permits election inspectors to challenge voters only under limited circumstances and with clear constraints. footnote55_baDZfvNyihOK 55 See Election Day Manual, supra note 1, at 71–73. Any challenge must be made “for cause” and pursuant to several permissible reasons listed on the state’s Challenge Documentation form. footnote56_ceOOwcvHKts3 56 Wis. Stat. § 6.92(1); Wis. Admin. Code EL § 9.01; Wis. Elections Comm’n, Challenge Documentation, https://elections.wi.gov/wec-form/challenge-documentation (last visited Mar. 15, 2024). See also Election Day Manual, supra note 1, at 71–73. Election inspectors must make any challenge in a calm and respectful manner; as detailed above, aggressively and directly challenging voters’ qualifications constitutes impermissible voter intimidation. footnote57_dxUVrZAOcgx2 57 How to Recognize Voter Intimidation, supra note 51. Any challenge based on an individual’s ethnicity, accent, or ability to speak English is prohibited. footnote58_qSFJABP3Ic8s 58 Election Day Manual, supra note 1, at 74–75. Sixteen and seventeen-year-old students serving as election inspectors may not challenge voters. footnote59_pOIJbDcYF3lv 59 Wis. Stat. § 6.92(2).
When an election inspector challenges a voter, another election inspector should administer the process to ensure fairness and objectivity. footnote60_flnQoakPMXOy 60 Election Day Manual, supra note 1, at 7472. The other inspector must ask a series of questions to verify the voter’s qualifications, all of which are set forth in and limited to the Challenge Documentation form. footnote61_nacL737oWnyW 61 Wis. Admin. Code EL § 9.01(1)-(7); Challenge Documentation, supra note 56; Election Day Manual, supra note 1, at 72–73. If the voter answers these questions and the challenge is not withdrawn, the voter must be issued a ballot so long as they take the requisite oath or affirmation of eligibility. footnote62_eVVC2VcY7K14 62 Wis. Admin Code EL §§ 9.01(3)-(7), 9.03. Notably, under Michigan law “[n]o person may be disqualified as an elector” unless it is “demonstrate[d] by a reasonable doubt that the person does not qualify as an elector or is not properly registered.” Wis. Stat. § 6.325.
Election inspectors must complete certain tasks in two-person, bipartisan teams. Whenever state law requires two or more inspectors to perform a function within a polling place, Wisconsin law requires the chief inspector to assign, to the extent possible, an equal number of inspectors from each political party so as to limit the access that any one individual has to ballots, voting equipment, and other sensitive materials without oversight. footnote63_axzGFmhfnsxQ 63 Wis. Stat. §§ 7.30(2)(a), 7.37. Tasks that require two or more inspectors include maintaining the poll lists on Election Day and remaking ballots on which an individual has voted for more than the maximum number of selections allowed. footnote64_vYOi2TlWkosn 64 Wis. Stat. § 7.37(4), (7).
Election officials may not tamper with ballots or voting equipment. Under Wisconsin law, election officials who tamper with voting equipment, ballots, poll lists, or registration lists may face felony or other criminal charges. footnote65_o6XyCeXYWqZt 65 Wis. Stat. §§ 12.13(2)-(3), 12.60.
Wisconsin municipal clerks and governing bodies have broad authority to ensure that elections run smoothly and remain free from disruptions by election officials. Available enforcement mechanisms include:
Screening process. As noted above, municipal governing bodies and clerks retain ultimate control over the appointment process for chief election inspectors and non-party nominated positions. footnote66_eqfE35PGcvFx 66 Wis. Stat. §§ 6.875(4)(a), 7.30(6)(b). And while municipal governing bodies generally must appoint political parties’ first-choice nominees as election inspectors, they may still request non-appointment from the WEC if good cause exists, and they can use discretion in deciding which of the remaining individuals they select as election inspectors from the parties’ nomination lists. footnote67_kbyxTjcbkgdo 67 Wis. Stat. § 7.30(4)(b)1, (4)(e). Consistent with this authority, municipalities may choose to develop clear election official screening plans to ensure that applicants understand their roles and positions within the election official chain of command and are willing to follow all applicable laws and procedures.
Training content. As noted above, state law requires all election officials to complete training before they work an election. footnote68_oiJfgcSLIGss 68 Wis. Stat. §§ 7.31, 7.315. And while election officials must complete this training every two years, municipal clerks may choose to require additional trainings before every election to ensure that all election officials understand rules and procedures — particularly new rules and procedures — before Election Day. To conserve resources, small municipalities may consider partnering with a neighboring municipality. At trainings, municipal clerks should remind election officials about relevant laws and rules, including their duty to answer to the clerk rather than their political parties, any party official, or any other outside individual or entity. Similarly, clerks should train election officials to identify and report any violations of these procedures. These training sessions provide a helpful opportunity for clerks to clearly explain the checks in place to prevent voter fraud or manipulation of the election process and provide context to correct common rumors and misperceptions.
Assigning election officials. Given the chief election inspector’s role in overseeing the polling place and directing the other inspectors on Election Day, municipal clerks should choose — to the extent possible — to appoint only individuals with substantial previous election official experience and demonstrated knowledge of voting procedures to serve in this role. Clerks can also aim to track where first-time election officials are placed, distribute first-time election officials evenly across the jurisdiction, and ensure that every polling location has at least one election official with previous experience. Further, clerks also may choose to rotate election officials throughout their shifts. Doing so allows election officials to identify situations in which a colleague is not following proper procedure (regardless of their intention), report the incident, and resolve the issue with their chain of command.
Removal procedures. In the event that an election official neglects or refuses to comply with their duties, declines to follow applicable laws, or otherwise disrupts the election process, they can and should be immediately removed. footnote69_bP6SmznWI1LY 69 Wis. Stat. §§ 6.875(4)(b), 7.30(6)(c). To ensure that municipalities maintain an adequate number of election officials in the event of a removal, clerks may choose to maintain a list of back up election officials to cover staffing shortages as well as: (1) train and appoint election registration officials as election inspectors in the event they need to fill in; (2) train and appoint special voting deputies as election registration officials to register voters during open registration; and (3) choose to appoint a greeter as an available substitute for election inspectors.
Oath of office. Finally, the oath of office provides a strong legal basis for preventing and addressing abuses by poll workers. footnote70_zjRvG4iiqngu 70 Wis. Stat. §§ 6.875(5), 7.30(5).