1. (1) Definitions. In this section:

   1. (a) “Commission” means the Wisconsin elections commission.
   2. (b) “Municipal clerk” means an individual who meets the definition of s. 5.02 (10), Stats.

   3. (c) “Uniform instructions” mean those that are prescribed by the commission pursuant to s. 6.869, Stats.

      Note: The commission has prescribed four versions of uniform instructions, which are numbered EL-128, EL-128CC, EL-128U, and EL-128UP, as well as Spanish translations of those forms, which use the same form numbers but end in ‘S’.

2. (2) Mandatory use. All municipal clerks are required to provide their absentee electors with the appropriate version of the uniform instructions for absentee voting that has been prescribed by the commission pursuant to s. 6.869, Stats. A municipal clerk shall not provide absentee electors with any version of uniform instructions that has not been prescribed by the commission pursuant to s. 6.869, Stats., or to represent that any additional administrative or logistical instructions are the uniform instructions being provided or required in accordance with s. 6.869, Stats.

3. (3) Exceptions.

   1. (a) Nothing in sub. (2) shall be interpreted to restrict a municipal clerk’s ability to provide administrative or logistical instructions to absentee electors in addition to the commission’s uniform instructions, provided the additional instructions do not conflict with the commission’s uniform instructions or otherwise violate state or federal law.
   2. (b) In this subsection, additional administrative or logistical instructions conflict with the commission’s versions of the uniform instructions if they provide information that is inconsistent with or contrary to the substantive procedures prescribed by the commission for completing and returning an absentee ballot. Additional administrative or logistical instructions also conflict with the commission’s versions of the uniform instructions if they provide details regarding the substantive procedures for completing and returning an absentee ballot that have not been prescribed by the commission.
   3. (c) If a municipal clerk elects to provide administrative or logistical instructions pursuant to par. (a) in addition to the commission’s uniform instructions, those instructions shall not be added to any page containing the commission’s uniform instructions, including the blank reverse side of any page. They shall appear on a separate, independent page to distinguish them from the versions of the uniform instructions that have been prescribed by the commission pursuant to s. 6.869, Stats.
   4. (d) Nothing in sub. (2) shall be interpreted to restrict a municipal clerk’s ability to complete the “Municipal Clerk Contact Information” section on the versions of the uniform instructions that have been prescribed by the commission.

History

History: CR 24-052: cr. Register January 2026 No. 841, eff. 2-1-26; renumber (1) (c) in part to (c) (Note) under s. 13.92 (4) (b) 1., Stats., Register January 2026 No. 841.