10.76 Municipal clerk and governing body; September primary and general election.

10.76

10.76 Municipal clerk and governing body; September primary and general election. The following subsections set forth, in chronological order, dates relating to the September primary and general election or occurrences during the fall period that affect the municipal clerk and governing body:

10.76(1)

(1) March.

10.76(1)(a)

(a) March 1. March 1 is the earliest application may be made for absentee ballots for the September primary. See s. 6.86 (1).

10.76(1g)

(1g) May.

10.76(1g)(a)

(a) May 1. May 1 is the earliest application may be made for absentee ballots for the general election. See s. 6.86 (1).

10.76(1r)

(1r) June.

10.76(1r)(a)

(a) 90 days before primary. No later than the 90th day before the September primary, the municipal clerk mails write-in absentee ballots to qualified electors who have requested them. See s. 7.15 (1) (cs).

10.76(1r)(b)

(b) June 26. No later than June 26, the municipal clerk mails to each candidate for municipal office or such person's campaign treasurer, to each committee or individual supporting or opposing a candidate and to each group or individual supporting or opposing a municipal referendum who is registered with the clerk, forms for the continuing report. See s. 11.22 (3).

10.76(2)

(2) July.

10.76(2)(a)

(a) July 1. On July 1 preceding a September primary, the municipal clerks certify to the county clerk the approximate number of electors in the district. See s. 5.66 (1).

10.76(2)(b)

(b) 60 days before primary.

10.76(2)(b)1.

1. Until 60 days before the September primary, wards may be united to facilitate using a common polling place. See s. 5.15 (6) (b).

10.76(2)(b)2.

2. The deadline for establishing polling places is 60 days before the September primary. See s. 5.25 (3).

10.76(2)(d)

(d) Beginning on July 11.

10.76(2)(d)1.

1. The clerk sends notice to delinquents of failure to comply with filing requirements. See s. 11.22 (9).

10.76(2)(d)2.

2. The clerk makes a list of delinquents available for public inspection. See s. 11.22 (5).

10.76(2)(d)3.

3. The clerk notifies the district attorney of delinquencies. See s. 11.22 (4).

10.76(2)(e)

(e) July 20. No earlier than July 1 and no later than July 20, the municipal clerk receives continuing reports by candidates for municipal office, by committees and individuals supporting or opposing candidates for municipal office, and by groups, individuals, or corporations attempting to influence the outcome of a municipal referendum. See s. 11.20 (4).

10.76(3)

(3) August.

10.76(3)(a)

(a) 90 days before election. No later than the 90th day before the general election, the municipal clerk mails write-in absentee ballots to qualified electors who have requested them. See s. 7.15 (1) (cs).

10.76(3)(b)

(b) 30 days before primary.

10.76(3)(b)1.

1. No later than the 30th day before the September primary, the municipal clerk sends official absentee ballots to qualified electors who have requested them. See s. 7.15 (1) (cm).

10.76(3)(b)2.

2. The deadline for selecting tabulators to assist with the September primary canvass is 30 days before the September primary. See s. 7.30 (3).

10.76(3)(b)3.

3. In municipalities employing an electronic voting system, the deadline for placement of a demonstrator system is 30 days before the September primary. See s. 5.80.

10.76(3)(bm)

(bm) 4th Tuesday before primary. On the 4th Tuesday before the September primary, the municipal clerk publishes a type E notice for the September primary. If there is a municipal referendum, the municipal clerk publishes a type A notice of the referendum. See s. 10.06 (3) (cm).

10.76(3)(c)

(c) 22 days prior to primary. No later than 22 days prior to the September primary, the municipal clerk mails to each candidate for municipal office or such person's campaign treasurer, and to each committee or individual supporting or opposing a candidate who is registered with the clerk, forms for the preprimary report. See s. 11.22 (3).

10.76(3)(em)

(em) 10 days before primary. No later than 10 days before the September primary, in any municipality employing an electronic voting system which utilizes automatic tabulating equipment, the municipal clerk has the equipment publicly tested. See s. 5.84 (1).

10.76(3)(f)

(f) 2nd Wednesday before primary. 5 p.m., on the 2nd Wednesday before the September primary, is the deadline for registration. See s. 6.28 (1).

10.76(4)

(4) September.

10.76(4)(a)

(a) 22 months after federal election. Applications for ballots or registration, or other records and papers relating to voting at a federal election, other than registration forms, may be destroyed 22 months after the election. See s. 7.23 (1) (f).

10.76(4)(am)

(am) 60 days before election.

10.76(4)(am)2.

2. Until 60 days before the general election, wards may be united to facilitate the use of a common polling place. See s. 5.15 (6) (b).

10.76(4)(am)3.

3. The deadline for establishing polling places is 60 days before the general election. See s. 5.25 (3).

10.76(4)(b)

(b) 2nd Monday before primary.

10.76(4)(b)2.

2. No earlier than 14 days and no later than 8 days before the primary, the municipal clerk shall receive election reports by candidates for municipal office and by committees and individuals supporting or opposing such candidates. See s. 11.20 (2).

10.76(4)(c)

(c) Beginning 7 days before primary.

10.76(4)(c)1.

1. The clerk sends notice to delinquents of failure to comply with filing requirements. See s. 11.22 (9).

10.76(4)(c)2.

2. The clerk makes a list of delinquents available for public inspection. See s. 11.22 (5).

10.76(4)(c)3.

3. The clerk notifies the district attorney of delinquencies. See s. 11.22 (4).

10.76(4)(d)

(d) Wednesday before primary. On the Wednesday before the September primary in cities of the 1st class the board of election commissioners sits to hear registration objections. See s. 6.48 (2).

10.76(4)(e)

(e) Friday before primary.

10.76(4)(e)2.

2. Vacancies may be filled within 4 days. See s. 7.38 (2).

10.76(4)(e)3.

3. 5 p.m., on the Friday before the September primary, is the deadline for receipt of mail applications for absentee ballots for the primary. See s. 6.86 (1).

10.76(4)(f)

(f) Monday before primary.

10.76(4)(f)1.

1. The Monday before the September primary is the latest election materials may be delivered to wards. See s. 7.15 (3) (b) and (5).

10.76(4)(f)3.

3. 5 p.m., on the Monday before the September primary, is the deadline for application in person for absentee ballots for the September primary. See s. 6.86 (1).

10.76(4)(f)4.

4. On the Monday before the September primary, the municipal clerk publishes type B and D notices for the primary. If voting machines or electronic voting systems in which ballots are distributed to electors are used in the municipality, the type B notice shall include all offices to be voted on at the primary. See ss. 10.01 (2) (d) and 10.06 (3) (e).

10.76(4)(g)

(g) 2nd Tuesday in September.

10.76(4)(g)1.

1. The 2nd Tuesday in September is the day of the September primary. See s. 5.02 (18).

10.76(4)(g)2.

2. 5 p.m. on the day of the primary is the deadline for hospitalized electors to make application for an absentee ballot by agent or to file a registration form by agent. See s. 6.86 (3) (c).

10.76(4)(g)3.

3. Upon completion of the ward canvass, the results shall be announced, the results telephoned to the proper clerks and all materials returned to the municipal clerk immediately. See ss. 7.51 (4) (b) and (5) and 7.53 (1).

10.76(4)(g)4.

4. Following the September primary any unused election materials and contents of blank ballot box may be destroyed as the municipal clerk directs. See s. 7.23 (1) (a).

10.76(4)(g)5.

5. No earlier than the day of the September primary, poll lists created for the September primary that was held 4 years earlier may be destroyed. See s. 7.23 (1) (e).

10.76(4)(h)

(h) Day after primary.

10.76(4)(h)1.

1. 2 p.m., on the day after the September primary, is the deadline for municipal clerks to deliver election materials to the county clerk. See ss. 7.51 (5) and 7.53 (3).

10.76(4)(h)2.

2. In municipalities having registration, the municipal clerk checks the name of each elector who has been allowed to vote at the election whose name did not appear on the registration list and revises the list accordingly. See s. 6.56.

10.76(4)(h)3.

3. Beginning on the day after the September primary, the municipal clerk investigates to assure that no person has been allowed to vote more than once at the primary. See s. 6.56 (4).

10.76(4)(i)

(i) 14 days after primary. No earlier than 14 days after the September primary, voting machine recorders used in the primary may be cleared and reactivated and detachable recording units and compartments used with electronic voting machines may be cleared or erased. See s. 7.23 (1) (b) and (g).

10.76 - ANNOT.

NOTE: Section 7.23 (1) (b) was repealed by 2009 Wis. Act 397. Corrective legislation is pending.

10.76(5)

(5) October.

10.76(5)(a)

(a) 30 days before election.

10.76(5)(a)1.

1. The deadline for selecting tabulators to assist with the general election canvass is 30 days before the general election. See s. 7.30 (3).

10.76(5)(a)2.

2. No later than the 30th day before the general election, the municipal clerk sends official absentee ballots to qualified electors who have requested them. See s. 7.15 (1) (cm).

10.76(5)(a)3.

3. In municipalities employing an electronic voting system, the deadline for placement of a demonstrator system is 30 days before the general election. See s. 5.80.

10.76(5)(am)

(am) 4th Tuesday before election. On the 4th Tuesday before the general election, the municipal clerk publishes a type E notice for the general election. If there is a municipal referendum, the municipal clerk publishes a type A notice of the referendum. See s. 10.06 (3) (cm).

10.76(5)(b)

(b) 30 days after primary.

10.76(5)(b)1.

1. No later than 30 days after the September primary, the municipal clerk submits to the county clerk a statement of registration and voting information. See s. 6.275 (1).

10.76(5)(b)2.

2. No earlier than 30 days after the September primary, primary ballots may be destroyed. See s. 7.23 (1) (h).

10.76(5)(b)3.

3. No later than 30 days after the September primary, the municipal clerk enters on the registration list under the name of each elector of the municipality who has voted at the election the date of the election in which the elector voted. See s. 7.15 (4).

10.76(5)(d)

(d) 22 days prior to election. No later than 22 days prior to the general election, the municipal clerk mails to each candidate for municipal office or such person's campaign treasurer, to each committee or individual supporting or opposing a candidate and to each group or individual supporting or opposing a municipal referendum who is registered with the clerk, forms for the preelection report. See s. 11.22 (3).

10.76(5)(f)

(f) 2nd Wednesday before election. 5 p.m., on the 2nd Wednesday before the general election, is the deadline for voter registration. See s. 6.28 (1).

10.76(5)(g)

(g) Last 14 days before election. The municipal clerk shall receive reports of late contributions exceeding $500 by groups or individuals supporting or opposing municipal referenda during the last 14 days before the spring election. See s. 11.23 (6).

10.76(5)(gm)

(gm) 10 days before election. No later than 10 days before the general election, in any municipality employing an electronic voting system which utilizes automatic tabulating equipment, the municipal clerk has the equipment publicly tested. See s. 5.84 (1).

10.76(5)(h)

(h) Monday before election.

10.76(5)(h)2.

2. No earlier than 14 days and no later than 8 days before the election, the municipal clerk shall receive election reports by candidates for municipal office, by committees and individuals supporting or opposing candidates for municipal office, and by groups, individuals, and corporations supporting or opposing municipal referenda. See s. 11.20 (2).

10.76(5)(i)

(i) Beginning 7 days before election.

10.76(5)(i)1.

1. The clerk sends notice to delinquents of failure to comply with filing requirements. See s. 11.22 (9).

10.76(5)(i)2.

2. The clerk makes a list of delinquents available for public inspection. See s. 11.22 (5).

10.76(5)(i)3.

3. The clerk notifies the district attorney of delinquencies. See s. 11.22 (4).

10.76(5)(j)

(j) Wednesday before election. On the Wednesday before the general election in cities of the 1st class, the board of election commissioners sits to hear registration objections. See s. 6.48 (2).

10.76(5)(k)

(k) Friday before election.

10.76(5)(k)2.

2. Vacancies may be filled within 4 days. See s. 7.38 (2).

10.76(5)(k)3.

3. 5 p.m., on the Friday before the general election, is the deadline for receipt of applications by mail for absentee ballots for the election. See s. 6.86 (1).

10.76(6)

(6) November.

10.76(6)(a)

(a) Monday before election.

10.76(6)(a)1.

1. 5 p.m. on the Monday before the general election is the deadline for application in person for absentee ballots for the general election. See s. 6.86 (1).

10.76(6)(a)3.

3. The Monday before the general election is the latest election materials may be delivered to wards. See s. 7.15 (3) (b) and (5).

10.76(6)(a)4.

4. On the Monday before the general election, the municipal clerk publishes type B and D notices for the election. If voting machines or electronic voting systems in which ballots are distributed to electors are used in the municipality, the type B notice shall include all offices and questions to be voted on at the election. See s. 10.06 (3) (d) and (e).

10.76(6)(b)

(b) Tuesday after first Monday in November.

10.76(6)(b)1.

1. The Tuesday after the first Monday in November is the day of the general election. See s. 5.02 (5).

10.76(6)(b)2.

2. 5 p.m. on the day of the election is the deadline for hospitalized electors to make application for an absentee ballot by agent or to file a registration form by agent. See s. 6.86 (3) (c).

10.76(6)(b)3.

3. Upon completion of the ward canvass, the results shall be announced, the results telephoned to the proper clerks and all materials returned to the municipal clerk immediately. See ss. 7.51 (4) (b) and (5) and 7.53 (1).

10.76(6)(b)4.

4. Following the general election any unused election materials may be destroyed as the municipal clerk directs. See s. 7.23 (1) (a).

10.76(6)(b)5.

5. No earlier than the day of the general election, poll lists created for the general election that was held 4 years earlier may be destroyed. See s. 7.23 (1) (e).

10.76(6)(c)

(c) Following general election.

10.76(6)(c)1.

1. Following each general election municipal clerks in municipalities having registration conduct a mail canvass of nonvoting electors to revise and update the registration list. See s. 6.50.

10.76(6)(c)2.

2. 4 years after an elector's registration is changed to ineligible status, the registration form of the elector whose registrations is changed may be destroyed. See s. 7.23 (1) (c).

10.76(6)(c)3.

3. Beginning on the day after the general election, the municipal clerk investigates to assure that no person has been allowed to vote more than once in the election. See s. 6.56 (4).

10.76(6)(d)

(d) Day after general election. 2 p.m., on the day after the general election, is the deadline for municipal clerks to deliver election materials to the county clerk. See ss. 7.51 (5) and 7.53 (3).

10.76(6)(dm)

(dm) 21 days after election. No later than 21 days after the general election, voting machine recorders used in the election may be cleared and reactivated and detachable recording units and compartments used with electronic voting machines may be cleared or erased. See s. 7.23 (1) (b) and (g).

10.76 - ANNOT.

NOTE: Section 7.23 (1) (b) was repealed by 2009 Wis. Act 397. Corrective legislation is pending.

10.76(7)

(7) December.

10.76(7)(a)

(a) 30 days after election.

10.76(7)(a)1.

1. No earlier than 30 days after the general election, election ballots may be destroyed. See s. 7.23 (1) (h).

10.76(7)(a)2.

2. No later than 30 days after the general election, the municipal clerk submits to the county clerk a statement of registration and voting information. See s. 6.275 (1).

10.76(7)(a)3.

3. No later than 30 days after the general election, the municipal clerk enters on the registration list under the name of each elector of the municipality who has voted at the election the date of the election in which the elector voted. See s. 7.15 (4).

10.76(7)(a)4.

4. No later than 30 days after the general election, the municipal clerk transmits to the board a report of the number of absentee ballots transmitted by the clerk to absent military electors and overseas electors for that election and the combined number of those ballots that were cast by those electors in that election. See s. 6.276 (2).

10.76(7)(am)

(am) 90 days after primary.

10.76(7)(am)1.

1. Most September primary election materials may be destroyed 90 days after the September primary. See s. 7.23.

10.76(7)(b)

(b) December 15. On December 15 in the year prior to the time for appointment of new election officials, and political parties shall submit their nominees for election officials. See s. 7.30 (4) (c).

10.76(7)(c)

(c) 90 days after election. Most general election materials may be destroyed 90 days after general election. See s. 7.23.

10.76(7)(cm)

(cm) 1 year after any election. Election notices, correspondence in connection with such notices and proofs of publication may be destroyed 1 year after the election to which they relate. See s. 7.23 (1) (j).

10.76(7)(d)

(d) 3 years after any election. Records transferred to the municipal clerk by any former registrant who has submitted a dissolution report may be destroyed 3 years after the last election in which the registrant participated. See ss. 11.12 (3) and 11.23 (3).

10.76(7)(e)

(e) 6 years after any election. Financial reports may be destroyed 6 years after any election. See s. 7.23.

10.76(7)(f)

(f) 10 years after any election. Official canvasses may be destroyed 10 years after the election to which they relate. See s. 7.23 (1) (i).

10.76 - ANNOT.

History: 1971 c. 304 ss. 18, 29 (2); 1973 c. 166; 1973 c. 334 s. 29; 1973 c. 336 s. 2; 1973 c. 339; Stats. 1973 s. 10.76; 1975 c. 420; 1977 c. 394 s. 53; 1977 c. 448; 1979 c. 354; 1981 c. 314 s. 146; 1981 c. 391; 1983 a. 36, 539; 1985 a. 135 s. 85; 1985 a. 333 ss. 115 to 149, 173; 1987 a. 404 ss. 33, 35, 39 to 49; 1989 a. 56, 368; 1991 a. 32; 2001 a. 62; 2003 a. 324; 2005 a. 149; 2007 a. 98 ss. 4, 16 to 27.