Press Release

FOR IMMEDIATE RELEASE
November 8, 2022

CONTACT: press@securedemocracyusa.org

Fact Check: Wisconsin Election Law Requires Clerk Verification of Military & Overseas Voters

MADISON, Wis. – On Monday, a Waukesha County judge ruled that ballots cast by military and overseas voters must be counted alongside other absentee ballots cast by Wisconsinites. This ruling came in response to a lawsuit filed by State Rep. Janel Brandtjen, which sought to sequester military ballots for additional verification before they are counted.

At a news conference on Nov. 4, Wisconsin Election Commission Administrator Meagan Wolfe did not directly answer questions about whether – and how – a clerk must verify the identity of military voters who return an absentee ballot, pointing to state law which does not specifically define verification rules for servicemembers casting absentee ballots.

In response to this claim, Secure Democracy Foundation, a nonpartisan election policy research group, released the following statement:

"Wisconsin law clearly requires clerks to verify the identity of those requesting and casting military ballots. Wis. Stat. § 6.22 and Wis. Stat. § 6.24 require military and overseas voters to provide information to their clerk to determine both that they are qualified to vote a particular ward or election district, and that the applicant qualifies to receive an absentee ballot given their status as a military or overseas voter. Per the code, a clerk cannot send an absentee ballot to a military or overseas voter unless both steps are taken to verify a voters' identity and eligibility.

"It's important to note that military and overseas voters must complete the same absentee ballot verification processes as other absentee voters in Wisconsin. Military and overseas voters must attest, under criminal penalties for false statements, that they are a qualified voter entitled to vote in a given election – that attestation must also be signed by a witness, per Wis. Stat. § 6.87.

"It is false to claim that votes cast by military and overseas voters are not verified by clerks. Similarly, any state-issued guidance to clerks must make clear that the verification of such ballots is a responsibility they hold per Wisconsin law."

# # #

Secure Democracy Foundation is a nonpartisan, nonprofit organization that produces research and analysis focused on voting and elections. We work to educate the public on how our election systems are secure and trustworthy as a 501(c)(3) charitable organization under the Internal Revenue Code.