Wisconsin: Protections Against Intimidation of Voters and Election Workers

Voters in Wisconsin have the right to vote free from intimidation under federal and state law.footnote1_vni0G5NR8ixwsyruilmhkBObm94VmG10Xt7AyUtuBYE_v3hWVGF7slfs1 See, e.g., 18 U.S.C. §§ 241, 594; 52 U.S.C. § 10101(b); Wis. Stat. § 12.09. Federal law broadly prohibits intimidation, threats, or coercion throughout every stage of the election process;footnote1_QY2dUiYlF4pPLu3rzJo7Dn6zjiQ5N6UWuUWFNXebnLM_lVTwN0SrktGH1 See U.S. Department of Justice, Voting Rights Fact Sheet (Sept. 2024), https://www.justice.gov/crt/media/1366636/dl (summarizing federal laws that protect against intimidation). more information on the federal protections that apply to all states can be found here. In addition, the following actions are specifically prohibited by Wisconsin law:

• Making use of or threatening to make use of force, violence, or restraint to induce or compel any person to vote or refrain from voting.footnote2_6xHOKhoVINbn3hPSB3D7vDhHqdpT4W5f1k3lgJ3ByDo_ySjo9WhEUFFY2 Wis. Stat. § 12.09(1).
• Impeding or preventing the free exercise of the franchise at an election by abduction, duress, or any fraudulent device or contrivance.footnote3_RaGWlx7uSceItS2Vc78rJcI60MZo1trI-edWS8NY4_s1QHXxZzUXso3 Wis. Stat. § 12.09(2).
• Compelling, inducing, or prevailing upon a voter to vote or refrain from voting for or against a particular candidate or referendum.footnote4_RyuOIol8ODPgG0LBb3iIdgHhopxvkxNGRCGyHSdQ2Y8_kEOHHqycqcXb4 Wis. Stat. § 12.09(3).
• Soliciting a person to show how their vote is cast.footnote2_SChRtinRGhTKFgFtsSKWlWpd67DD6ambPIYk1Hcqz7U_adAg5rJlwAd92 Wis. Stat. § 12.13(3)(q).
• Refusing to obey an inspector’s lawful order; engaging in disorderly behavior at or near a polling place; or interrupting or disturbing the voting or canvassing proceedings.footnote3_io2xiBF3dcBVRQFXyAdiy6mee9MzJ6OQqdBZHj7WNxM_yOUzUm1tl7cO3 Wis. Stat. 12.13(3)(x).

The below addresses the laws and policies that serve as guardrails against specific threats of intimidation.

Voter Challenges

Although Wisconsin permits voters and election officials to challenge another voter’s eligibility,footnote5_xahn8Xy4tbWK-UqZrNJIJ1N3tHc98zVjgohCeqLTE_dWkzJ2o8BvRY5 Wis. Stat. § 6.925. state law also provides for some guardrails. For example, challenges must be “for cause.”footnote6_xahn8Xy4tbWK-UqZrNJIJ1N3tHc98zVjgohCeqLTE_yePE7g1llYmV6 Wis. Stat. § 6.925. Individuals who abuse the challenge process may be subject to sanctions, including removal from the voting area.footnote7_aiOyvrNITk6WFX04trKG6sQ9tZZRosoOUefGG2iXg_r669lCXtK1pV7 Wis. Admin. Code § EL 9.02. A challenged voter who answers the poll worker’s questions, swears to the required affirmation, and is determined by the poll worker to meet the voting requirements can vote a regular ballot.footnote8_svwZit7a0bKd1oMVpnBvKTw7UxZTPrSXHYst-hbRK6E_n09dY4MY67DA8 Wis. Stat. § 6.94.

The National Voter Registration Act (NVRA) provides additional safeguards to protect voters from mass challenges before an election:

• The NVRA expressly recognizes that National Change of Address information is not sufficient on its own to serve as the basis for canceling a voter’s registration.footnote9_PLl6vSUctQ9PTGM3shI44UyFWwX0znRa3QTtakW9uDg_gafpSGvsgFks9 52 U.S.C. § 20507(c)(1)(B).
• The NVRA prohibits the systematic removal of voters from the rolls within 90 days of a federal election.footnote10_gMU4pKaaGGtR0djXke9owYAHAATVZbmZt7GBXP2Bc7Y_hinKTmwqmGBT10 52 U.S.C. § 20507(c)(2)(A).

The Brennan Center and All Voting Is Local published a detailed resource on the limits on voter eligibility challenges in Wisconsin here.

Intimidation of Poll Workers and Election Officials

In addition to federal protections against the intimidation of election workers, Wisconsin law prohibits any person from impeding or preventing the free exercise of the franchise at an election, engaging in disorderly behavior at or near a polling place, or interrupting or disturbing the voting or canvassing proceedings.footnote11_q0omG2oSyqrWYNz9-Vq1rN6bmrTBWIfYgCVksQb0xa0_operj1kVFilu11  Wis. Stat. §§ 12.09(2); 12.13(3)(x). It is also a felony to physically harm a public officer either to influence their actions or as a result of some official action taken.footnote12_DEnDHHNvSfCwPWIp2JgGfEbcFWCMnDq4KSkf9W95A_hJPkrc7ifFjn12 Wis. Stat. § 940.20(4).

Voter Intimidation by Poll Workers

The Brennan Center and All Voting is Local published a detailed resource on the rules and constraints for Wisconsin poll workers here.

Intimidation by Poll Watchers

In addition to Wisconsin’s voter intimidation laws detailed above, state law places limits on who may serve as an observer and what they may and may not do:footnote13_dqvkgmAdF04uQZDM2glUz4lhasOXrdrTjQFHrDBL2bc_pnjW2Yn0d0nf13 Note that poll watchers in Wisconsin are called “observers.”

• Any member of the public, except for a candidate on the ballot, may be an observer, subject to the limitations imposed by the lead election worker.footnote14_Jt-1VBdizZpxllUvTj6ANNHTyR-b-ncQPN2y9vI9slg_xnEb44G8V0S314 Wis. Stat. § 7.41(1).
• Municipal clerks can limit the number of observers representing the same organization who are allowed to serve at a time and may also limit the areas that observers are allowed to access within a polling place.footnote15_t30ZT0fHpnKx-87Xk0An7S5YBmy-0Q3061ub4KdlDao_om2p8qQDHDGk15 Wis. Stat. § 7.41(1)–(2).
• Observers must present photo identification to the head poll worker upon arrival and sign in with their full name in the election observer log.footnote16_Jt-1VBdizZpxllUvTj6ANNHTyR-b-ncQPN2y9vI9slg_fYxhdqSrilN316 Wis. Stat. § 7.41(1).
• Observers must wear a badge or tag identifying themselves as an “election observer” when inside a polling place.footnote17_urRQsTQ7VmhWO-44CxlyM98v4qzor99hKY49YBPXkXI_bd1AMhEAyM3v17 Wisconsin Elections Commission, Wisconsin Election Observers: Rules-at-a-Glance, updated March 2022, https://elections.wi.gov/sites/default/files/legacy/2022–03/Election%2520Observer%2520Rules%2520at-a-Glance%2520March%25202022.pdf.
• Observers may not interact directly with voters unless requested.footnote18_jXiArsLy3EUeEFuzH70DTDVpiYhGz81l70eSJJ1wFk_mxUHpG5RQT0X18 Wisconsin Elections Commission, Wisconsin Election Observers: Rules-at-a-Glance, updated March 2022.
• Observers must remain within the area designated for observation by the main poll worker.footnote19_eE9yIP3r73r38ciA-6IVFvmJ6uOJhN-5cDaR1uXU4_w5DAS7Y8Fp4F19 Wis. Stat. § 7.41(2).
• Observers are prohibited from engaging in any form of electioneering, including wearing any materials that may influence an election.footnote20_jXiArsLy3EUeEFuzH70DTDVpiYhGz81l70eSJJ1wFk_cIn7SZWPH0Ph20 Wisconsin Elections Commission, Wisconsin Election Observers: Rules-at-a-Glance, updated March 2022.
• Observers are prohibited from handling any official documents or viewing confidential information on the poll list.footnote21_jXiArsLy3EUeEFuzH70DTDVpiYhGz81l70eSJJ1wFk_hlzFMNH9EeHD21 Wisconsin Elections Commission, Wisconsin Election Observers: Rules-at-a-Glance, updated March 2022.
• Observers are prohibited from using video or still cameras during voting hours.footnote22_jXiArsLy3EUeEFuzH70DTDVpiYhGz81l70eSJJ1wFk_bRnBtMVYLVD422 Wisconsin Elections Commission, Wisconsin Election Observers: Rules-at-a-Glance, updated March 2022.
• Election officials and poll workers may remove any observer who disrupts the operation of a polling place or clerk’s office.footnote23_QsDXUGzyY2XH7TIWruBzPfYtuwQB90AfTSEm4OY0M_lLhi86v3npo523 Wis. Stat. §§ 7.37(2), 7.41(3).

The Brennan Center and All Voting Is Local published a detailed resource on the rules and constraints on Wisconsin poll watchers here.

State and Local Law Enforcement

In cities of more than 500,000 – currently only the city of Milwaukee – the chief of police is required to station a police officer at any polling place designated by the municipal board of election commissioners.footnote24_mVeds3vkQR5NT8EaVW1z-jON0JEvf8zE5CPVnAA7hQI_rLdm67j7FGfd24 Wis. Stat. § 7.22(5).

Guns at Polling Places

Wisconsin law prohibits firearms in certain buildings often used as polling places and drop box locations, including schools and courthouses.footnote25_iel8uoI6WyBePREG4IwHlU5clDEsTtry2Zs1Rqi5f8_vZPkUL5nGxy125 Wis. Stat. §§ 941.235, 948.605, 175.60(16)(a)(6)–(7).

Even at locations where firearms are not expressly prohibited, firearm carry may constitute unlawful intimidation. Such conduct may consist of carrying a visible firearm near a polling location or at a drop box or vote-counting site, displaying a concealed firearm during a discussion or argument with a voter or election worker, or approaching a voter or election worker while displaying a firearm.

Door-to-door Intimidation

Wisconsin and federal law prohibit canvassing efforts that are used to intimidate voters.footnote26_y-hunlgSSvvWQ1cgjM5O3DOcfibk9-GIxxxl1rN7-s_mtXmp643eUi326 18 U.S.C. §§ 594, 241; Wis. Stat. § 12.09. Any voter who receives a visit from a privately organized canvassing group does not have to answer any questions and should report any incidents of intimidation to their local officials.