ALL VOTING IS LOCAL
LEAGUE OF WOMEN VOTERS OF WISCONSIN
ACLU OF WISCONSIN

Ballots for All:
Ensuring Eligible
Wisconsinites in
Jail Have Equal
Access to Voting

Table of Contents
INTRODUCTION

1

BACKGROUND

3

RESULTS FROM OUR 2021 OUTREACH

4

SPOTLIGHT ON EAU CLAIRE COUNTY

10

RECOMMENDATIONS

12

STEPS COUNTY JAILS SHOULD TAKE

12

STEPS THE LEGISLATURE SHOULD TAKE

15

STEPS ELECTIONS ADMINISTRATORS SHOULD TAKE

16

HOW TO ADVOCATE FOR THESE CHANGES

17

CONCLUSION

17

ALLVOTING
15 LOCAL
I WV ~ EAGUE OF WOMEN VOTERS'
L~
OFWISCONSIN

ACIIJ
Wisconsin

Introduction
Our democracy works best when all eligible
Wisconsinites participate. The freedom to
vote is central to building an America that
works for us all. But too many Wisconsinites
face needless and discriminatory barriers
that limit this right. This is particularly true of
eligible Wisconsinites in county jails.

the rate of white Wisconsinites.

In O’Brien v. Skinner, the U.S. Supreme
Court affirmed that Americans in jail must
be provided access to the ballot. The manner
in which jails do so is up to the state.2 In
Wisconsin, people who are involved in the
criminal-legal system do not become ineligible
to vote unless convicted and sentenced to a
felony. People convicted of misdemeanors
(except the very rare circumstance of misde­
meanors for treason or bribery) are eligible
to vote even as they serve their sentences in a
county jail.3 Despite this, lackluster administra­
tive policies and procedures prevent the vast
majority of these individuals from registering to
vote, casting their ballot, and having that ballot
counted. This is de facto disenfranchisement.4

At any given moment, there are close to
13,000 Wisconsinites in county jails, which
are overseen by county sheriffs.* More than
half have yet to be convicted of a crime but
are forced to remain in jail because they are
too poor to post cash bail. Black, Hispanic,
and Native American Wisconsinites are dispro­
portionately represented in this population.
Specifically, Black and Native American
Wisconsinites are jailed at nearly seven times
the rate of white Wisconsinites.1

This report updates our July 2020 report,
Ballots for All: Ensuring Eligible Wisconsin
Voters in Jail Have Equal Access to Voting. In
the past year, many jail administrators have
taken small but important steps to increase
ballot access for individuals in their care. Even
in the face of the COVID-19 pandemic, with
restrictions on who can support jail-based
voter registration and absentee ballot applica­
tion events in county jails, advocates and jail
administrators found creative ways to ensure
that eligible Wisconsinites could have their

Black and Native American
Wisconsinites are jailed at nearly

7x3

* It is important to separate the nearly 13,000 Wisconsinites in county jails from the close to 24,000 Wisconsinites in
Wisconsin prisons. Jails and prisons are different things. While we estimate that most Wisconsinites in county jails are
eligible to vote, Wisconsinites in prison are not eligible to vote because of Wisconsin’s felony disenfranchisement law.
Long-term, Wisconsin must end the practice of felony disenfranchisement.

1

VOTr,t ~C-1o.~1A1t.,1r1111
SIGNANoo~,l

l),VA ., c "

R,:,=O~•E A1.\ ll 1N,l

1111

I.,

Vor"',..r1: : 1, 4
Ol.t:t.4UJIC/ON
'l/lAfr y l'OfllnA, lA r, C:lt,11

"',,..~,s

AIV l t S 01 rNvtAr..f. (J

'" ,,. ,,,,, ' " ''" >,>l'1,u,d '""' "'''' "'" l,, ,u.,,,.,,.J """'""I Mll 8 f
l•o o,,.,," ,,,, "' "'" "'""" >'f "'"
o/Ucm
" ' ,·h,>hl(• ••I>•!,.,• /,,,,, ., >'I •f "'•II I,,. >fupo•, 1/,,d , 'I Hn1• />»/lh>,/ Ol.oco
"' '"" o,,.,,,h n,, 1,,,,., 111, u, ; !\l) f' •1 un nl,•c 11n ,, dny

r..,.,,,,,, """''"'"' "' ""'"'

P .u., ,,., >,ll,,1,, , . >',>n/,1<1, ,. " ' lx>ln 1n clnc 1or,l1 y Doc ln,nc lan J u .
,. otro
,.,.,., "'' DL!lE ''"'"''''"ala oficu,n <lul HoglS1n1<1or dol Condndo

+

•••••••••••••

I
I
I
I

• "L--------------------------~--..,...,
-;i
2018,
Mr,i--

.,,

I
I
I
I

•

Official Ballot-Boleta Oficial

Official Ballot, General Election, November 6,
County of
Boleta Oficial, E/r ' ~ Gflenri\!1al, te •ai'mbre de 2018. (',.Group/Precinct:~ .!JB/E ecinct: _

INSTRUCTIONS TO VOTERS. <0 !:L r BOTH SIDES,._
marks or erasun?S may vor;t YIJC!r vote.. If you~ 1. Put amao:a<xxlrd"'iltolhe lflStructioos,.,..

2. n)'JU wis• 1o YO&b' a - , wt>-name so wntt
3. Put a mar'

·ag~---

voices heard in the 2020 elections. While this
is progress, troubling barriers remain. This
report offers additional recommendations for
state and local officials to protect the freedom
to vote for every eligible Wisconsinite.

“require[s] the jails to provide educational
materials related to voter registration and
voting, and to facilitate voting by mail.”5 That
means, if Wisconsin jails wish to continue to
contract with the U.S. Marshal Service, they
will need to begin thinking through how to
create new policies or improve existing ones
to comply with these new contractual obliga­
tions to facilitate voting for individuals in their
care. It is our hope that this report provides
jails with guidance and assistance in this
important effort.

Recently, the need for jails to improve their
voting policies and procedures has become
even more urgent. This March, President
Biden issued Executive Order 14019 to
provide additional protections for incarcer­
ated voters. Under this executive order, the
U.S. Marshal Service must include language
in their contracts with local jails that

2

BACKGROUND
In February 2020, the ACLU of Wisconsin
and All Voting is Local Wisconsin explored
barriers to the ballot facing voters in jail. We
were particularly interested in whether jails
had policies and procedures in place, both
of which are essential building blocks for
facilitating jail-based voting.

Using data from public records requests sent
to every county sheriff (county sheriffs oversee
jails in Wisconsin), we found an alarming lack
of policies and procedures to ensure access to
the ballot in county jails.

Of the 61 county jails assessed:

Formal policies provide a written acknowl­
edgement that most people in jail have the
right to vote and that jail administrators are
committed to protecting that right. These
policies codify the procedures that are
followed to ensure those in the jail’s custody
have access to their right to vote. Without
policies, counties risk inconsistent and unfair
approaches, depending on who is in charge.
Policies ensure jails have a concrete frame­
work for long-term support. Many jails do
not have formal policies for jail voting but do
have procedures that they follow to assist jail
residents with voting.

(2020 FOIA request)

4.19
1 county
%3.29
28 counties

30.39
32 counties

•
•
•

Well-developed procedures provide jail
administrators and elections officials a step­
by-step process for fulfilling the demands
of a policy. Without procedures, jails risk an
inconsistency in when they support jail-based
voting, whom they support, and how
they support.

No written policy regarding jail­based voting
Brief policies with vague language
More detailed policies

Furthermore, only

8.2%3

5 counties
had detailed procedures
to facilitate voting from jail.

3

In response to these data, we deployed our
Ballots for All Toolkit and engaged volunteers
in over 40 of Wisconsin’s 72 counties to
advocate for better policies and procedures
related to jail-based voting. Since then,
volunteers called their local sheriffs or shared
the report, engaged their county government
officials, met with sheriffs directly, and built
coalitions of local groups.

In response, many local officials said they
were not aware of these issues. Some sheriffs
expressed a commitment to expand voter
access. Others did not connect with the
people in their community and have not
moved to make positive changes.

RESULTS FROM OUR 2021 OUTREACH
POLICIES

In February 2021, the ACLU of Wisconsin, All
Voting is Local Wisconsin, and the League of
Women Voters of Wisconsin began to follow
up on the progress since our initial report. We
sent public records requests to each county
sheriff and aimed to capture

Comparing 2020 to 2021, we saw a promising
increase in the number of county jails indicat­
ing that they have a policy in place to support
jail-based voting.

• policies related to voting and voter registra­
tion in the jail updated since February 2020,

POLICIES IN PLACE

• procedures related to voting and voter
registration in the jail updated since
February 2020,

In 2020,

47.5%

29 of 61 counties*

• any and all data reflecting voter participation
rates in jail, and

In 2021,

70.1%

39 of 55 counties†

We are moving in the right direction.

• any and all records evidencing communica­
tions about voting or voter registration in
the jail.
Of Wisconsin’s 72 counties, 76.4 percent
(55 counties) responded to our 2021 request.*

* Counties that did not respond to our 2021 records request: Ashland, Barron, Burnett, Crawford, Douglas, Jackson,
Lafayette, Lincoln, Monroe, Ozaukee, Racine, Richland, Shawano, Taylor, Vernon, Washburn, Waupaca.
† Responding counties
4

Results are even more promising if we also consider the counties that improved their policies.
Breaking down the 55 counties that responded to our 2021 request, we found the following:

9.1%
5 counties
40.0%
22 counties

20.0%
11 counties

30.9%
17 counties

•
•
•
•

Created or improved a written policy regarding jail­based voting.*
Have policies in place, but they have not been improved since February 2020.
With the exception of Kenosha, all of these policies are vague.†
Do not have a written policy regarding jail­based voting.‡
Did not provide enough information to determine whether a policy is in place.§

* Bayfield, Brown, Calumet, Dodge, Door, Eau Claire, Forest, Grant, Green Lake, Kewaunee, Langlade, Milwaukee, Oconto,
Outagamie, Polk, Portage, Sawyer, Trempealeau, Vilas, Walworth, Washington, Winnebago
† Adams, Clark, Florence, Iowa, Kenosha, La Crosse, Marquette, Pepin, Pierce, Rock, Rusk, St. Croix, Sauk, Sheboygan,
Waukesha, Waushara, Wood
‡ Buffalo, Columbia, Dane, Dunn, Fond du Lac, Green, Iron, Marathon, Marinette, Oneida, Price
§ Chippewa, Jefferson, Juneau, Manitowoc, and Menominee. Note: Menominee contracts with the Shawano County jail
and asked us to contact them for more information. Shawano County did not respond to our request.
5

One example of a policy improvement:
In 2020, the Green Lake County Jail shared
a very basic policy purchased from a private
company called Lexipol. The policy was
extraordinarily vague and did not offer helpful
guidance or explain what the Wisconsin laws
that it refers to are or how jail officials should
implement them.

officer to be a liaison between the Office and
the local Registrar of Voters. The designated
corrections officer will be responsible for
assisting inmates who have requested to vote.”
Since then, Green Lake has taken small but
important steps to improve its policy. Based
on findings from our 2021 records request,
the county added details about how people
can request elections-related information
through the general inmate request form, steps
for checking eligibility, and steps for getting
access to one’s driver’s license, state-issued
ID card, or another acceptable form of photo
ID for voting. Green Lake also shared the
paperwork they use to help request a free ID
for voting. Finally, the modified policy also
included details on the staff member responsi­
ble for working with the county clerk to support.

This policy stated, “Because inmates are
unable to access public voting polls, the
Corrections Administrator or the authorized
designee shall develop written procedures
whereby the County Clerk allows qualified
inmates to vote in local, state and federal
elections, pursuant to election codes. Inmates
should be advised of voting methods during
the inmate orientation.” It goes on to state,
“Prior to each election, the Corrections
Administrator will designate a corrections

In 2020, Green Lake had no requests to vote from any of the individuals in their care.
While Green Lake has a small jail (capacity = approximately 100, population during
COVID = approximately 60), officials must explain why there were zero requests.
Long-term, this speaks to the need for proactive engagement. For jails in every corner
of Wisconsin, it is not enough to provide information at intake and to support access to
the ballot solely upon request. Jail administrators must proactively distribute information
on elections-related deadlines, who is on the ballot, and why voting matters.

6

PROCEDURES

f

Looking at procedures, in 2021 compared
to 2020, we found that of the 55 counties
that responded to our 2021 request, at least
32.7 percent (18 counties)* created or
improved their procedures for jail-based
voting. Today, of the 68 counties that
responded to one or both of our requests,
at least 86.8 percent (59 counties) have
some sort of procedure in place to support
jail-based voting. That said, there is significant
variation in procedures from county to county.
While some are very detailed and helpful
for those implementing them, many of the
procedures are extremely vague.

II I·

r •

•
At least

32.7%3

Following our 2020 records request, the
Walworth County Jail shared that they support
access to the ballot on a case-by-case basis.
Their procedure was summarized in two
sentences. In their response, they included an
email from 2014 that read, “I have a couple of
request forms from Inmates wanting to vote.
How are we handling this? I am hoping we
can come up with some guidelines so that we
can answer these requests with consistency.”
Especially in a county jail the size of Walworth
County (capacity = approximately 500, popu­
lation during COVID = approximately 300),
more-detailed procedures for jail-based
voting are long overdue.

18 counties*
created or improved their
procedures for jail-based voting.

formal Eau Claire County Jail Voting Guide.
The guide includes an overview of Eau Claire
County Jail responsibilities, details on how the
jail provides eligible Wisconsinites in their care
with elections-related information (e.g., dates,
deadlines, educational materials), steps for
ensuring access to required materials (e.g.,
proof of residence and photo ID), and an over­
view of their coordination with nonpartisan
community groups to support on-site voter
registration and absentee ballot request
events. Steps within the Eau Claire County Jail
are a great example of progress that can be
made when community members build

Following our 2020 records request, the
Eau Claire County Jail created a very detailed
jail-based voting procedure that also engages
local nonpartisan volunteers. In December
2020, they formatted their procedures into a

* Bayfield, Brown, Calumet, Dane, Dodge, Door, Eau Claire, Fond du Lac, Green Lake, Manitowoc, Marinette, Oconto,
Oneida, Outagamie, Portage, Trempealeau, Vilas, Winnebago
7

strong relationships with jail administrators
and county officials. Eau Claire County is
spotlighted in the story below.

absentee ballot request events are great
(as seen in Eau Claire), they are not a require­
ment for progress on jail-based voting support
in any given jail.

Notably, not all county jails are designed to
safely host community volunteers for on-site
voter registration and absentee ballot request
events during a global pandemic. While some
counties used this as an explanation for low
voter turnout in their jails, other counties found
creative ways to provide support.

DATA REFLECTING VOTER
PARTICIPATION

Following ongoing advocacy and implemen­
tation of new jail-based voting policies and
procedures across the state, responses from
our 2021 records request indicate that approx­
imately 60 people registered from jail, and
50 people voted from jail in the 2020 elections.
This is an extremely small number that pales in
comparison to the close to 13,000 individuals
in Wisconsin County jails at any given time.
That said, the vast majority of jails did not track
registration and absentee ballot requests.
Additionally, prior to last year, we had no
evidence of any person ever voting from a
Wisconsin County jail. These numbers are
a small but important step.

For example, in Outagamie County, local
advocate Lisa Hanneman leveraged her exist­
ing relationship with the county jail to ensure
there were internal processes for supporting
jail-based voting. In response to jail-based
voting materials that Hanneman provided, the
jail started providing voter education messages
through their inmate kiosks. Based on requests,
the jail then provided detailed steps on
understanding eligibility, registering to vote,
requesting an absentee ballot, and completing
and submitting the ballot.
Hanneman emphasized that people should
“Try, for one thing.” In the face of resistance
to support for jail-based voting, Hanneman
encouraged getting a written explanation
from sheriffs or jail administrators. “Why aren’t
they doing it?” she asked. “I don’t know.
They’re probably just thinking it’s too much
work, that this is something extra.” Hanneman
emphasized the importance of making the
steps simple, also engaging county clerks,
and getting public safety commissions to
support. Hanneman’s advocacy demonstrates
that while in-person voter registration and

Our records show that
in 2021, approximately

503

OF 13,0003
incarcerated voters
voted in the 2020 elections.

8

Notably, Dane, Eau Claire, Milwaukee, and
Outagamie Counties accounted for the
majority of registrations and absentee ballot
requests for which we have evidence. Each
of these counties created a system for tracking
registration and/or voting requests. For example,
Milwaukee created a tracking sheet for indi­
vidual names, dates of birth, booking numbers,
request dates, registration form delivery
dates, whether an ID was copied for the voter,
eligibility check (yes/no), ballot request date,
and ballot delivery date. In the future, we urge
all jails to develop similar systems.

One example is Manitowoc County’s response
to our records request. In response to an indi­
vidual’s interest in voting, the Manitowoc
County Jail administrator reached out to the
Manitowoc County clerk on how to support
the voter. The county clerk had questions
about the proper procedure, so she reached
out to the Wisconsin Elections Commission
for clarification. She then responded with a
detailed email on how the individual in their
care could register to vote and request an
absentee ballot. At some point, the clerk for
the City of Manitowoc was also looped in.
These types of communication are critical
for supporting eligible Wisconsinites in jail.
Moving forward, it is essential that these steps
be included in formal policies and procedures.
In the case of Manitowoc County, it is unclear
whether this type of interaction is part of their
policy and procedure, or simply the result
of four individuals’ investment in access to
the ballot.

RECORDS EVIDENCING
COMMUNICATIONS

In the majority of cases, responses to our
records request did not include any evidence
of email communications regarding voting
or voter registration in the jail. In other cases,
evidence of email communications demon­
strated positive interactions between the
county jail and elections officials.

.

VOTERS
•

•

ENTER

•

HE Re
.

TM II
C
9

SPOTLIGHT ON EAU CLAIRE COUNTY
Eau Claire County is a great example of
progress that can be made when commu­
nity advocates build strong relationships
with county officials and jail administrators.
In 2020, Karen Voss and Kim Vlcek
(Chippewa Valley Votes) worked with David
Carlson (ACLU of Wisconsin), County
Supervisor Kimberly Cronk, and Eau Claire
County Jail Captain Dave Riewestahl to
spearhead a voter registration and absen­
tee ballot application event in the Eau
Claire County Jail. Speaking to the need for
the event, Voss shared, “Everybody has to
feel that they have the power to be able to
vote. And this is just a piece of that puzzle.”
The event uncovered multiple barriers to
the ballot associated with voting from
jail — namely, those related to Wisconsin’s
photo ID law and deadlines for requesting
an absentee ballot.

“Everybody has to feel
that they have the power to
be able to vote. And this is just
a piece of that puzzle.”
KAREN VOSS, 3
CHIPPEWA VALLEY VOTES3

•

Eau Claire County

Speaking to photo ID-specific challenges,
Riewestahl shared, “Every jail knows
exactly who they have incarcerated. We
have access to fingerprints and DNA…we
should be able to say, ‘yup, this is Bob
Jones, and this is where he lives.’” Despite
this, Wisconsin’s photo ID law still requires
jailed electors to jump through hoops to
access a Wisconsin driver’s license, state-is­
sued ID card, or another acceptable form
of photo ID for voting. Additionally, there
are no protections for electors jailed after
the deadline to request an absentee ballot.

10

Riewestahl referred to Wisconsin Statute
6.86(3), which allows hospitalized voters to
vote on Election day via an agent. He
questioned why there wasn’t a similar
protection for jailed electors: “Why can’t
they have access to vote on the day-of?
The answer is because there’s nothing in
Statute that says they can. But if there was
a bill or something to change that…then
why not?”

“Even though I am
incarcerated, my voice still
matters. It feels good to
know that my voice will
still be heard.”
ADAM

Despite these barriers, Carlson, Voss,
and Vlcek worked hard to improve their
approach ahead of their second jail-based
voter registration and absentee ballot
application event, which they facilitated
on March 3, 2021. To prepare for the event,
the advocates developed detailed check­
list-based instructions for supporting jail
residents wishing to register to vote and/
or request an absentee ballot. They also
developed arrival instructions, a map for
entering the jail, and details on COVID
precautions. Today, they are developing
these tools into trainings for advocates in
other parts of the state.

Carlson said. “It’s a pleasure for me to be
here registering someone to vote now or
requesting an absentee ballot.” Carlson
asked Adam what it meant to be able to
vote from jail and how it felt to have com­
munity members supporting the process.
“Even though I am incarcerated, my voice
still matters,” said Adam. “It feels good to
know that my voice will still be heard.”
Vlcek reflected on a similar experience
related to the importance of community
support. While working for the Department
of Corrections, she once asked a group of
incarcerated individuals whether there
was a message they’d like her to share
with the rest of the community. One man
responded, “Tell them that we are your
neighbors.” As demonstrated in Eau Claire
County, it will take neighbors supporting
neighbors to ensure that every eligible
Wisconsinite has equal access to the ballot.

Reflecting on the March event, Carlson
spoke to the importance of including
impacted people in the process. As a
formerly incarcerated individual himself,
Carlson was able to talk with Adam — one
of the individuals requesting their ballot —
and put him at ease. “I was in here once,”

11

RECOMMENDATIONS
STEPS COUNT Y JAILS SHOULD TAKE
While our 2021 analysis demonstrated some progress on protecting and expanding jail-based
voting, county jails still have a long way to go. We learned a lot in the past year, and we modified
some of our recommendations to more sufficiently address the many barriers to the ballot for eli­
gible Wisconsinites in county jails. If they haven’t already, sheriffs and jail administrators should
take immediate steps to develop public policies and procedures that do the following:
1

rights groups like the League of Women
Voters make this information publicly available on VOTE411.org.) This information
should be provided proactively, and not
just in response to requests from individuals
in the jail’s care. Jail administrators may
consider providing information through
closed-circuit television, fliers, poster
displays, and the jail handbook.

Build a formal policy. Every county
jail should have a formal policy that
acknowledges the right to vote from jail.
These policies should address each of the
recommendations included in this report.
This can help ensure consistency across
every election. It will also help ensure that
procedures to facilitate jail voting do not
go away if there are leadership changes
in the jail.

4 Verify eligibility. Every jail must have a
written policy for informing individuals in
the jail about voter eligibility rules and for
verifying whether an individual is eligible
to register and vote.

2 Designate an employee (e.g., social
worker or correctional officer) who will
support access to the ballot for eligible
Wisconsinites in their care.

5 Provide opportunities to check voter
registration status at least 30 days
ahead of every election. The easiest
way is to allow access to computers where
voters can check their status online at
myvote.wi.gov. In jails where individuals
are not typically permitted free access to
the internet, exceptions should be made
for checking voter registration status.
Voters should also be provided with the
option to make a free phone call to their
municipal clerk.

3 Provide access to information.
Jail administrators must provide every
eligible Wisconsinite in their care with
relevant election dates and deadlines,
as well as opportunities to learn what
issues and candidates are on their ballot.
Jail administrators should look to the
Wisconsin Elections Commission for
information related to dates and deadlines. They should provide nonpartisan
issue area and candidate information to
interested voters through educational
materials. (Trusted nonpartisan voting
12

6 Provide access to property. To vote
in Wisconsin, every voter needs to show
proof of residence for the purpose of
registering to vote, and proof of identity
for the purpose of casting a ballot.
Because jails hold personal property after
booking, every voter should be provided
with an opportunity to retrieve documents
they need to register (proof of residence)
and documents they need to request an
absentee ballot (accepted photo ID). This
may mean a voter would be permitted
to use the internet and print a relevant
document, access property on-site,
request retrieval of items from home, or
connect with the Wisconsin Division of
Motor Vehicles to apply for a photo ID.

home address. This can be an extremely
helpful way for jails to assist with the voter
registration process. For all paper voter
registration applications, county jails can
either provide envelopes and postage to
mail the application to the corresponding
municipal clerk, or they can hand-deliver
the application in person.
8 Provide opportunities to request an
absentee ballot. People who want to
vote from jail must be given an opportu­
nity to request their absentee ballot. This
is particularly important under the risks
associated with COVID-19. In addition
to protocols facilities are undertaking to
protect the health and safety of persons
in their care, jail administrators should
ensure voters may safely access the ballot.
Jails can facilitate absentee ballot requests
by permitting access to myvote.wi.gov.
In jails where individuals are not typically
permitted free access to the internet,
exceptions should be made for requesting
an absentee ballot. Voters should also be
provided the option of using the Wisconsin
Election Commission’s paper form. Because
Wisconsin law requires that voters include
a photo ID in order to successfully request
an absentee ballot, jails must allow voters
to access their ID. For all paper absentee
ballot requests, county jails can either pro­
vide envelopes and postage to mail the
application to the corresponding municipal
clerk or hand-deliver the application
in person.

7 Provide voter registration opportuni­
ties. People who want to vote from jail
must be given an opportunity to register
to vote. Jails can facilitate voter registration
by permitting access to myvote.wi.gov.
In jails where individuals are not typically
permitted free access to the internet,
exceptions should be made for registering
to vote. Voters should also be provided
the option of using the Wisconsin Election
Commission’s paper registration form. Jail
administrators can also collaborate with
municipal clerks, county clerks, and/or
nonpartisan groups to host voter registra­
tion events in the jail.
As a government entity, the jail can
provide voters with an acceptable
proof-of-residence document with their

13

permitted free access to the internet,
exceptions should be made for verifying
that their ballot was counted. Voters should
also be provided with the opportunity to
check that their vote was counted by making
a free phone call to their municipal clerk.

9 Provide opportunities to cast a ballot
on Election Day. If a voter is jailed after
the deadline by which they can request an
absentee ballot, jail administrators must
ensure a process by which they can vote
at the polls on Election Day. One example
that affords this opportunity is allowing
Huber-eligible residents to vote in person.6

11 Track registration and turnout. Every
county jail should have a written process
for tracking voter registrations, ballot
requests, and ballots returned. While we
recognize that some jail-based requests
will not be fulfilled due to residents’
release, these numbers are important
for future analysis. Turnout within the jail
should also be compared to the popula­
tion of eligible Wisconsinites in their care.

10 Verify every voters’ ballot was
counted. Every person who votes from
jail must have an opportunity to verify their
vote was counted. This may mean having
the opportunity to check the status of their
ballot on the myvote.wi.gov webpage 30
days after Election day or having the
opportunity to call their municipal clerk.
In jails where individuals are not typically

myvote.wi.gov

..,

NEXT STATEWIDE ELECTION

2022 Partisan Primary
Tuesday, August 9, 2022

14

STEPS THE LEGISLATURE SHOULD TAKE
Even if county jails do all of the right things, we need new legislation to fully tackle barriers to
the ballot facing eligible Wisconsin voters in jail. Wisconsin legislators should write and pass
legislation that would do the following:
3

10 Expand options for proof of identity.
Expand the list of acceptable photo IDs
to include government-issued jail IDs.
Alternatively, passing legislation holding
that proof an eligible Wisconsin voter is
held in a jail is sufficient to demonstrate
their identity.

Require county jails to follow steps
listed in the section of this report titled
“Steps County Jails Should Take,”

While making these changes, Wisconsin
legislators should also tackle one of the largest
injustices limiting Wisconsinites’ freedom to
vote. Under Wisconsin statute 6.03(1)(b), over
69,000 people are currently prohibited from
voting in Wisconsin due to currently serving a
felony sentence. Most of these individuals live
in the community, work, and pay taxes, but
they are unable to participate in the political
process. It is past time for Wisconsin to end
felony disenfranchisement and guarantee the
freedom to vote for all.

20 Extend voting infrastructure. There are
already many parts of Wisconsin statute
that could be extended to serve voters in
jail, including through in-person voting
opportunities on Election day. This
could include extending two tools:
a. The use of special voting deputies.
Wisconsin statute 6.875(6) directs
municipal clerks to deploy special
voting deputies to assist with voting in
qualified retirement homes and
residential care facilities. Extend this
directive to also include county jails.
This may mean requiring sheriffs to
submit a list of eligible Wisconsinites
to county clerks and then requiring
clerks to distribute that list to the
relevant municipal clerk.

OVER3

69,0003

people are currently
prohibited from voting in
Wisconsin due to currently
serving a felony sentence.

b. The right to vote via an agent. By
creating a process through which they
can vote via an agent on Election day,
Wisconsin statute 6.86(3) protects
hospitalized voters’ freedom to vote.
Extend this protection to eligible
Wisconsinites in jail.

15

STEPS ELECTIONS ADMINISTR ATORS SHOULD TAKE
Wisconsin Elections Commission: Provide clear guidance. Work with county jails, county
clerks, and voting rights advocates to develop clearer guidance on how jail administrators and
elections officials should support jail-based voting. Current guidance does not effectively separate
jail-based voting requirements from rights restoration information. Additionally, it does not
provide clear steps that would support jail administrators, county clerks, and municipal clerks
in the development of their own jail-based voting plans.7
County and municipal clerks: Familiarize yourself with the barriers to and processes to facilitate
jail-based voting and build relationships with key stakeholders by doing the following:
1

Stay updated on Wisconsin Elections
Commission guidance related to
supporting jail-based voting.

3 Provide voter education materials,
registration forms, and absentee ballot
request forms to county jail administrators.
Coordinate pickups for those documents.

2 Work with voting rights advocates
and impacted people to better under­
stand the unique barriers to the ballot
facing eligible Wisconsinites in jail.

4 Facilitate trainings on registering voters
and supporting absentee ballot requests
within county jails.
5 Host registration and absentee ballot
request events in county jails.

16

HOW TO ADVOCATE
FOR THESE CHANGES

CONCLUSION

Because Wisconsin jails are administered at
the county level and elections are predomi­
nantly administered at the municipal level,
there is a lot Wisconsinites can do to protect
and expand eligible Wisconsinites’ freedom to
vote from jail. Interested in advocating in your
own community? Our Ballots for All Toolkit
is a great place to begin.

Our democracy works best when all eligible
Wisconsinites participate. But across the state,
deliberate barriers to the ballot for eligible
Wisconsinites in jail are making participation
difficult, if not impossible. In the past year,
advocates have worked hard to support

SINCE OUR ADVOCACY BEGAN,

21

counties created
or improved
their jail-based
voting policies

173

counties created
or improved
procedures

better policies and procedures for jail-based
voting. Since our advocacy began, 21 counties
created or improved their jail-based voting
policies, and 17 counties created or improved
procedures. Because of insufficient tracking
mechanisms, we can only say with confidence
that 60 people registered from jail and
50 people voted from jail during the 2020
elections. While this is a small number, county
sheriffs and jail administrators have the power
to make lasting improvements by building
policies and procedures that address the
recommendations included in this report.
Only then will we ensure that every eligible
Wisconsinite can have their voice heard.

17

CITATIONS
1

Incarceration Trends in Wisconsin. The Vera Institute
of Justice. December 2019.

2

O’Brien v. Skinner. Library of Congress. 1974.

3

UnderWisconsin Statute § 304.078(3), once a person has
completed the terms of their felony conviction and are “off
paper” (having completed probation, parole, or extended
supervision), they are able to register and vote again.

4

De Facto Disenfranchisement. American Civil Liberties Union
and Brennan Center for Justice. 2008.

5

Exec. Order No. 14,019, 86 Fed. Reg. 13623 (March 7, 2021).

6

“Huber Law” is detailed in Wisconsin Statute § 303.08 and
generally refers to conditions under which certain individuals
are permitted to leave jail for “necessary and reasonable
hours” (e.g., work, education, medical treatment).

7

“Ex-Felons and Incarcerated Voters.” Wisconsin Elections
Commission.

18

The Leadership Conference
Education Fund
1620 L Street NW,
Suite 1100
Washington, DC 20036
allvotingislocal.org

ALL VOTING IS LOCAL is a nonpartisan voting rights project
housed at The Leadership Conference Education Fund and
The Leadership Conference on Civil and Human Rights,
working to remove discriminatory barriers to the ballot to
achieve a democracy that works for us all.
More information at allvotingislocal.org.

@VotingIsLocal
@allvotingislocal
@allvotingislocal

THE LEAGUE OF WOMEN VOTERS OF WISCONSIN is a
nonpartisan political organization that advocates for informed
and active participation in government. There are 20 local
Leagues throughout Wisconsin.
More information at lwvwi.org.
THE ACLU OF WISCONSIN is a non-profit, non-partisan,
private organization whose 16,000 members support its efforts
to defend the civil rights and liberties of all Wisconsin residents.
More information at aclu-wi.org.

© 2021
The Leadership
Conference
Education Fund
All Rights Reserved