Wisconsin Code § 5.40

Use of voting machines or systems
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(1) Except as
permitted in sub. (3) or as required in subs. (4) to (6), the governing body or board of election commissioners of every municipality with a population of 10,000 or more before July 1, 1995, or of
7,500 or more thereafter shall require the use of voting machines
or electronic voting systems in every ward in the municipality at
every election. Any other governing body or board of election
commissioners may adopt and purchase voting machines or electronic voting systems for use in any ward in the municipality at
any election.
(2) Only voting machines complying with s. 5.37 or electronic voting systems approved under s. 5.91 may be used in an
election in this state.
(3) Notwithstanding sub. (1), any municipality may elect to
utilize paper ballots and voting booths instead of voting machines
or an electronic voting system:
(a) For any territory which is included in a portion of a congressional district, legislative district, county supervisory district,
school district, technical college district, sewerage district or sanitary district contained within the municipality for so long as the
number of electors residing in the territory does not exceed 100.
(b) Whenever the municipality is precluded under s. 7.23 (2)
from clearing the recorders on a sufficient number of voting machines to serve the electors at the election.
(c) Whenever such action is authorized under s. 7.15 (6).
(d) Whenever the municipal clerk or board of election commissioners reassigns an elector to a polling place other than the
one serving the elector’s residence under s. 5.25 (5) (b).
(4) Notwithstanding sub. (1), a municipality which utilizes
voting machines at a polling place shall not utilize a voting machine to receive the ballot of an elector who receives assistance
under s. 6.82 (1) (a) or whose vote is challenged under ss. 6.92 to
6.94.
(5) A municipality which utilizes voting machines at a
polling place shall not utilize the machines to receive the vote of
an elector who declares to the chief inspector that, due to physical
disability, the elector is unable to depress a button or lever on a
machine.
(5m) Notwithstanding sub. (1), the governing body of a municipality which uses voting machines or an electronic voting system may petition the commission for permission to use paper ballots and voting booths for a specific election, and the commission
may grant such a request.
(6) A municipality which utilizes voting machines or an electronic voting system at a polling place may permit use of the machines or system by electors voting under s. 6.15 only as authorized under s. 6.15 (3).
(7) Whenever a municipality adopts and purchases voting
machines or an electronic voting system, or adopts and purchases
a different type of voting machine or electronic voting system
from the type it was previously using, the municipal clerk or executive director of the municipal board of election commissioners
shall promptly notify the county clerk or executive director of the
county board of election commissioners and the administrator of
the elections commission in writing.

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