III,1Electors. Section 1. [Amended Nov. 1882, Nov. 1908, and Nov. 1934; repealed April 1986; as created April 1986] Every United States citizen age 18 or older who is a resident of an election district in this state is a qualified elector of that district. [1881 J.R. 26 A, 1882 J.R. 5, 1882 c. 272, vote Nov. 1882; 1905 J.R. 15, 1907 J.R. 25, 1907 c. 661, vote Nov. 1908; 1931 J.R. 91, 1933 J.R. 76, vote Nov. 1934; 1983 J.R. 30, 1985 J.R. 14, vote April 1986]

It is clearly within the legislature’s province to require any person offering to vote to furnish such proof as it deems requisite that he or she is a qualified elector. Requiring a potential voter to identify himself or herself as a qualified elector through acceptable photo identification does not impose an elector qualification in addition to those set out in this section. League of Women Voters of Wisconsin Education Network, Inc. v. Walker, 2014 WI 97, 357 Wis. 2d 360, 851 N.W.2d 302, 12-0584.

The legislature can amend the current election statutes, without referendum, so as to make the statutes conform with the 26th amendment to the U.S. Constitution. 61 Atty. Gen. 89.

A proposal to amend a statute to allow nonresident property owners to vote on metropolitan sewerage district bonds, in addition to electors, probably would require the proposal to be submitted to a vote of the electorate under sec. 1. 63 Atty. Gen. 391.

Constitutional law: residency requirements. 53 MLR 439.

III,2(4)(b)(b) Adjudged by a court to be incompetent or partially incompetent, unless the judgment specifies that the person is capable of understanding the objective of the elective process or the judgment is set aside.

III,2(5)(5) Subject to ratification by the people at a general election, extending the right of suffrage to additional classes. [1983 J.R. 30, 1985 J.R. 14, vote April 1986]

The requirement to present acceptable photo identification comes within the legislature’s authority to enact laws providing for the registration of electors under this section because acceptable photo identification is the mode by which election officials verify that a potential voter is the elector listed on the registration list. League of Women Voters of Wisconsin Education Network, Inc. v. Walker, 2014 WI 97, 357 Wis. 2d 360, 851 N.W.2d 302, 12-0584.

Disenfranchisement of felons does not deny them equal protection. Richardson v. Ramirez, 418 U.S. 24, 94 S. Ct. 2655, 41 L. Ed. 2d 551 (1974).

Even rational restrictions on the right to vote are invidious if they are unrelated to voter qualifications. However evenhanded restrictions that protect the integrity and reliability of the electoral process itself are not invidious. An Indiana statute requiring citizens voting in person on election day, or casting a ballot in person at the office of the circuit court clerk prior to election day, to present photo identification issued by the government did not violate constitutional standards. Crawford v. Marion County Election Board, 553 U.S. 181, 128 S. Ct. 1610, 170 L. Ed. 2d 574 (2008).

III,7(1)(1) No state agency or officer or employee in state government and no political subdivision of the state or officer or employee of a political subdivision may apply for, accept, expend, or use any moneys or equipment in connection with the conduct of any primary, election, or referendum if the moneys or equipment are donated or granted by an individual or nongovernmental entity.

III,7(2)(2) No individual other than an election official designated by law may perform any task in the conduct of any primary, election, or referendum. [2021 J.R. 17, 2023 J.R. 10, vote April 2024]

An “election official designated by law” is synonymous with “election official,” as defined in s. 5.02 (4e), and includes village clerks, municipal clerks, county clerks, municipal and county boards of canvassers, and school district clerks. OAG 1-24.

A “task in the conduct of any primary, election, or referendum” refers to work in directing or leading the administration of an election. Sub. (2) does not apply to more ordinary circumstances in which an election official works with or is assisted by non-election officials in ensuring the proper administration of an election, such as work with vendors on the layout and printing of ballots, information technology personnel on software and hardware security, law enforcement personnel on ballot transport, or employees or volunteers assisting with mailings or other clerical work. It also does not apply to activities that are distinct from the “administration” of an election, such as the kinds of efforts by non-election officials to encourage voting that commonly take place in connection with elections. OAG 1-24.