Does state law ban all political activity within 100 feet of a polling place?
No. State law only bans “electioneering” on
public property within 100 feet of the entrance to a building containing a polling place or within 100 feet of an entrance to or within a nursing home or qualified retirement home or community-based residential facility while special voting deputies are present at the home or facility. Wis. Stat. secs. 12.03(b)1-3.
Electioneering is defined as “any activity which is intended to influence voting at an election.” Wis. Stat. sec. 12.03(4). Thus, political activity on public property that is not intended to influence voting behavior at an election is not electioneering and is not subject to the 100 foot limits for polling places or special deputy voting activities. But, election inspectors are empowered to restrict or prohibit non-electioneering activity at or near a polling place, if the activity interferes with or distracts election officials or voters, interrupts voting activities or constitutes disorderly behavior. Wis. Stat. secs. 5.35(5) and 7.37(2).
(rev. 2/19)