Wis. Admin. Code EL — Elections Commission

Wis. Admin. Code § EL 2.05 Treatment and validity of nomination papers {#sec-el-2.05 omnilex-key=us-wi-regs-official--agency-el--EL 2.05}

(1) Definitions. In this section:

(a) “Address” means the street and number, if any, and municipality for voting purposes, all of which shall be accurate.

(b) “Affidavit” means a document sworn to before a person authorized to administer oaths, or a document declared pursuant to s. 887.015, Stats.

(d) “Certification” means a sworn statement, or declaration pursuant to s. 887.015, Stats., under applicable Wisconsin law confirming that the qualified circulator met and complied with all requirements under s. 8.15 (4) (a), Stats.

(e) “Clear, satisfactory, and convincing evidence” means evidence which when weighed against that opposed to it clearly has more convincing power to a reasonable degree of certainty. A “reasonable certainty” means persuasion based upon a rational consideration of the evidence. Absolute certainty is not required, but a guess is not enough to meet this burden of proof. Clear, satisfactory, and convincing evidence cannot be shown by bare assertions unsupported by a sworn affidavit or declaration.

(f) “Correcting affidavit” includes a declaration pursuant to s. 887.015, Stats.

(g) “Elector” means an eligible voter of the State of Wisconsin, as determined by the qualifications of ss. 6.02 and 6.03, Stats., for the election in which the candidate is seeking ballot access.

(h) “Facially sufficient” means that the information provided is substantially compliant with proper format and does not bear any indicia of facial invalidity. In this paragraph, indicia of facial invalidity means that at least one element of required information is missing, illegible, or obviously incorrect.

(i) “Filing officer” means the Wisconsin elections commission for any federal or state office or referendum, the county clerk for any county office or referendum, the municipal clerk or the board of election commissioners for a municipal office or referendum, and the school district clerk for a school board office or referendum.

(j) “Header” refers to the portion of the nomination paper required by ss. 8.10 (2) (b) and 8.15 (5) (a), Stats., that contains the candidate’s name; candidate’s residential address; candidate’s municipality for voting purposes; candidate’s mailing address, including state and ZIP code, if different than their residential address; type of election; election date; office sought; and name of jurisdiction or district in which candidate seeks office.

(k) “Local filing officer” means a filing officer other than the Wisconsin elections commission.

(L) “Nickname” has the meaning set forth in s. 5.02 (12m), Stats., and means a familiar or shortened form of a proper name by which an individual is commonly known.

(m) “Nomination paper” means a petition to collect eligible signatures from persons who wish to nominate a candidate for an upcoming election.

(n) “Printed name” means a handwritten name that is legible, such that the signer’s name can be discerned by the filing officer.

(o) “Qualified circulator” has the meaning given by s. 5.02 (16g), Stats., and means a qualified elector of this state or any U.S. citizen age 18 or older who, if he or she were a resident of this state, would not be disqualified from voting under s. 6.03, Stats.

(p) “Signature” means a tangible symbol made by a signer or their designee as authorized by sub. (6) (b), that evidences the signing of a nomination paper.

(q) “Signer” means a person who chooses to place their signature and related information on a nomination paper to support a candidate seeking ballot access.

(r) “Substantial compliance” means actual compliance in respect to every reasonable objective of the statute. Substantial compliance with a statute is not shown unless it demonstrates intent to fully comply with the statute and that the purpose of the statute is shown to have been served.

(s) “Voting municipality” means that municipality that a signer is eligible to vote in for an election held on the date of signing as determined by the filing officer.

(2) Purpose. This section is promulgated pursuant to the direction of, and under the authority granted by, s. 8.07, Stats., and is to be used by filing officers in determining the validity of all nomination papers and the signatures and information on those papers.

(3) Filing nomination papers.

(a) Candidate responsibility. Each candidate for public office bears responsibility for assuring that their nomination papers are prepared, circulated, signed, and filed in compliance with applicable statutory provisions and requirements under the administrative code.

(b) Physical possession. In order to be timely filed, all nomination papers shall be in the physical possession of the filing officer by the statutory deadline. Physical possession means the filing officer shall have taken possession of the original nomination papers. No other format is acceptable.

(c) Numbering pages. Each of the nomination papers shall be numbered, before they are filed, and the numbers shall be assigned sequentially, beginning with the number “1”. Notwithstanding any other provision of this chapter, neither the absence of a page number nor incorrect or non-consecutive numbering will invalidate the page or the signatures on that page.

(4) Validity of nomination papers, general.

(a) Reviewing number of signatures.

‘Review of papers for facial sufficiency.’ The filing officer shall review all nomination papers filed with him or her, up to the maximum number permitted by the statute applicable to the relevant office, to determine the facial sufficiency of the papers filed. The filing officer shall utilize the procedure in ss. 8.10 (7) and 8.15 (9), Stats., for determining the maximum number of signatures necessary to establish whether the candidate has collected enough valid signatures. In determining facial sufficiency, the filing officer may consult maps, directories, and other extrinsic evidence to ascertain the correctness and sufficiency of information on a nomination paper, where circumstances and the time for review permit.
‘Facial review not binding.’ Nothing in subd. 1. shall constitute a defense against a challenge to the validity of nomination papers. Facial review completed by a filing officer before the filing deadline is done as a courtesy only and does not bind a filing officer to a final determination of ballot access.

(b) Presumption of validity. Any facially sufficient information which appears on a nomination paper is entitled to a presumption of validity.

(c) Substantial compliance. Where any required item of information on a nomination paper is incomplete, the filing officer shall accept the information as complete if there has been substantial compliance with applicable statutes and the administrative code.

(d) Removing signatures. After a nomination paper has been signed, but before it has been filed, a signature may be removed by the signer or the qualified circulator. After a nomination paper has been filed, no signature may be added or removed. After a nomination paper has been filed, it may be amended, or an error or omission corrected, only through a valid correcting affidavit.

(5) Correcting affidavits.

(ag) Generally. Notwithstanding any other provision of this chapter, errors or omissions in information contained in a nomination paper, committed by either a signer or a qualified circulator, may be corrected by an affidavit of the qualified circulator, an affidavit of the candidate, or an affidavit of the signer. The person giving the correcting affidavit shall certify that they have personal knowledge of the correct information. Defects in the header of a nomination paper may not be changed or amended by affidavit after the paper has been circulated.

(ar) Deadline. Pursuant to s. 227.27 (1), Stats., it is the manifest intent of the commission that s. 990.001 (4), Stats., does not apply to the deadlines in this subsection. Any correcting affidavit shall be filed with the filing officer not later than 5 p.m. central time on the 3rd calendar day after the applicable statutory due date for when a challenge to nomination papers may be filed. Correcting affidavits may be submitted electronically. If a correcting affidavit is submitted on a Saturday, Sunday, or legal holiday, it shall be submitted via facsimile transmission or electronic mail directly to the filing officer.

(b) Correcting nomination papers not necessary. If a correcting affidavit is submitted, it amends the affected nomination papers on its own, and it is not necessary for the filing officer to edit or mark the nomination papers to be consistent with the changes in the affidavit.

(c) Determination. The filing officer shall determine whether any correcting affidavit resolves the identified error or omission.

(d) No new signatures. Correcting affidavits may not provide new or additional signatures or signature pages in addition to what was originally submitted to the filing official.

(6) Validity of nomination papers, signature lines.

(a) Number of signatures. Nomination papers shall contain at least the minimum required number of signatures from the circuit, county, district or jurisdiction which the candidate seeks to represent.

(b) Who may sign. A signer shall sign his or her own name unless unable to do so because of physical disability. A signer unable to sign because of physical disability shall be present when another person signs on behalf of the signer and shall specifically authorize the signing.

(c) No signing for spouses. A person may not sign for his or her spouse, or for any other signer, even when they have been given a power of attorney by that signer, unless par. (b) applies.

(d) Only one signature per signer. Only one signature per signer for the same office is valid, except that where a signer is entitled to vote for more than one candidate for the same office, that signer may sign the nomination papers of as many candidates for the same office as the signer is entitled to vote for at the election.

(e) Accompanying information. Each signature on a nomination paper shall be accompanied by the signer’s address, printed name, and date of signature.

(f) Ditto marks or “same.” A signature shall be counted when identical residential information or dates of signature for different signers are accurately indicated by ditto marks, another form of punctuation, or if an adjacent signer writes “same” or similar words to indicate that the residential information or signature dates are identical.

(g) Impact of qualified circulator signature. No individual signature on a nomination paper may be counted if the signature is dated after the date that the qualified circulator completed and signed the certification contained on the nomination paper. Any signature that is dated on or before the date of the qualified circulator certification may be counted even if it appears on the same page as signatures dated after the circulator certification. The qualified circulator shall provide their residential address. No signature on the page may be counted when the residential address of the qualified circulator cannot be determined by the information given on the nomination paper. No signature may be counted if the date of qualified circulator certification is incomplete or incorrect.

(h) Invalid individual signatures. An individual signature on a nomination paper may not be counted when any of the following occurs:

‘Missing date.’ The date of the signature is missing, unless the date can be determined by reference to the dates of any of the other signatures on the paper, including those dates above or below the signature.
‘Dated after qualified circulator certification.’ The signature is dated after the date on which the qualified circulator signed the certification.
‘Missing or incomplete address.’ The address of the signer is missing or incomplete, unless the address can be determined by the information provided on the nomination paper. If the signer has abbreviated the name of their municipality, the address is substantially compliant provided the municipality can be determined from other information contained on the nomination paper. Neither apartment number nor state and ZIP Code is required.
‘Unqualified elector.’ The signer has been adjudicated not to be a qualified elector on the grounds of incompetency or limited competency as provided in s. 6.03 (3), Stats., or was not, for any other reason, a qualified elector at the time of signing the nomination paper. If the signatory becomes an unqualified elector after signing the nomination paper, the signature should not be struck because the signer was a qualified elector when they signed.
‘Improper residence.’ The signer resides outside the circuit, county, district or jurisdiction that the candidate seeks to represent.
‘Legibility.’ If the filing officer cannot discern the signer’s first and last name, after reviewing both the signature and printed name, it is illegible pursuant to s. 8.10 (4) (b) or s. 8.15 (2), Stats., and shall not be counted. The filing officer is not required to consult extrinsic sources of information to attempt to discern the signer’s name but may do so in their discretion if it assists in discerning a possible name.
‘Nicknames and initials.’ If the signer has used a nickname or initials for their first or middle name, whether in their printed name or their signature, the printed name or signature is substantially compliant provided the printed name or signature complies with subd. 6. No nickname or initial is considered substantially compliant for the signer’s last name.
‘Age of signer.’ No person under the age of 18 may sign nomination papers. Age is determined on the date of signature, not based on the date of election.

(i) Death of the signer. The death of a signer after a nomination paper has been signed does not invalidate the signature.

(7) Validity of nomination papers, header.

(a) Office title and district designation. As to office title and district designation, the header of a nomination paper is valid as long as the filing officer finds that the signers could determine the office and district the candidate was pursuing based solely upon information provided in the header.

(b) Election date. When the date of the election is entirely missing from the header of any nomination paper, the filing officer shall not count any of the signatures on the page. Incomplete or incorrect election dates can be found substantially compliant if the filing officer finds that signers could have determined the correct election date based solely upon information provided in the header.

(c) Candidate name. The candidate shall provide their last name and first name. They may provide a nickname or initial for their first or middle name. In addition to their name, they may provide a former legal surname. The candidate may not provide any other abbreviations or titles.

(d) Candidate address. A candidate shall provide their residential address, their mailing address, if different from their residential address, and their voting municipality in the header of each nomination paper. The residential address shall be the street address where the candidate resides; no other address is acceptable in lieu of a residential address.

(e) Candidate information or advertising. The filing officer shall accept nomination papers which contain biographical data or campaign advertising. A nomination paper is substantially compliant if it does not contain the disclaimer specified in s. 11.1303 (2), Stats.

(f) Political party of candidate. If the race is for partisan office, the header shall include the political party of the candidate. If the race is for a non-partisan office, the header shall not include the political party of the candidate.

(8) Validity of nomination papers, other issues.

(a) Gender not required. Failure to provide an indicator of a candidate’s gender in the header does not invalidate any nomination papers.

(b) Missing date of qualified circulator. If the date of qualified circulator certification is incomplete or incorrect, the nomination paper is not substantially compliant, and no signatures on that page may be counted, subject to sub. (5).

History

Emerg. cr. 8-9-74; cr. Register, November, 1974, No. 227, eff. 12-1-74; emerg. r. and recr. eff. 12-16-81; emerg. r. and recr. eff. 6-1-84; cr. Register, November, 1984, No. 347, eff. 12-1-84; r. and recr. Register, January, 1994, No. 457, eff. 2-1-94; CR 00-153: am. (2), (4), and (14), r. (15), renum. (16), (17), and (18) to be (15), (16) and (17), and am. (15) (b) as renum., Register September 2001 No. 549, eff. 10-1-01; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 25-064: r. and recr. Register January 2026 No. 841, eff. 4-1-26; correction in (1) (d), (f), (h), (j) made under s. 35.17, Stats., renumber (4) (a) to (4) (a) 1. under s. 13.92 (4) (b) 1., Stats., correction in (4) (a) 1. made under s. 35.17, Stats., create (4) (a) 1. (title) under s. 13.92 (4) (b) 2., Stats., correction in (4) (a) 2. made under s. 35.17, Stats., renumber (5) (intro), (a) to (5) (ag), (ar) under s. 13.92 (4) (b) 1., Stats., create (5) (ag) (title) under s. 13.92 (4) (b) 2., Stats., and correction in (5) (ar), (6) (c) made under s. 35.17, Stats., Register January 2026 No. 841; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2026 No. 843, eff. 4-1-26.

Wis. Admin. Code § EL 2.06 Treatment and sufficiency of declarations of candidacy {#sec-el-2.06 omnilex-key=us-wi-regs-official--agency-el--EL 2.06}

(1) Definitions.

(a) All applicable definitions from s. EL 2.05 (1) are incorporated into this section.

(b) In this section, “declaration of candidacy” means a document that meets the requirements of s. 8.21, Stats., and is filed by any candidate, except a presidential elector, seeking local, state, or federal office.

(2) Filing of declaration of candidacy.

(a) Candidate responsibility. Each candidate for public office has the responsibility to assure that his or her declaration of candidacy is prepared, sworn, signed and filed in compliance with statutory and other legal requirements. A candidate may file his or her declaration of candidacy by proxy.

(b) Physical possession. In order to be timely filed, a declaration of candidacy shall be in the possession of the filing officer by the statutory deadline. Emailed or faxed copies of a declaration of candidacy will be accepted pursuant to s. EL 6.04 (2) and (3). An amended declaration of candidacy filed pursuant to s. 8.21 (6), Stats., does not make the declaration of candidacy untimely filed so long as the original declaration of candidacy was filed by the statutory deadline.

(3) Sufficiency of declaration of candidacy, general.

(a) Reviewing the declaration of candidacy. The filing officer shall review a declaration of candidacy filed with him or her to determine the facial sufficiency of the declaration filed. Nothing in this paragraph shall constitute a defense against a challenge to the sufficiency of a declaration of candidacy. Facial review completed by a filing officer before the filing deadline is done as a courtesy only and does not bind a filing officer to a final determination of ballot access.

(b) Presumption of validity. Any facially sufficient information which appears on a declaration of candidacy is entitled to a presumption of validity.

(c) No correcting affidavits. Errors in information contained in a declaration of candidacy may only be if the candidate or their proxy files an amended declaration of candidacy. A declaration of candidacy cannot be amended by filing a correcting affidavit.

(d) Missing information. The declaration of candidacy shall contain all of the information required by s. 8.21, Stats. If it does not, the filing officer shall not accept it. If the declaration of candidacy is not accepted by the filing officer, the filing officer shall contact the candidate to inform them of that fact as well as to provide the reason it could not be accepted. This paragraph does not apply if there are errors in the sworn certification made before any officer authorized to administer oaths.

(4) Sufficiency of declaration of candidacy, certification information.

(ag) Definition. In this subsection, “certification information” means the candidate’s name and the official name of the office sought.

(ar) Candidate name. A candidate shall provide their name in the form specified under s. 8.10 (2) (b), Stats., for candidates for nonpartisan office or s. 8.15 (5) (a) or 8.20 (2) (a), Stats., for candidates for partisan office.

(b) Office sought. A candidate shall provide the named office required by s. 8.21 (2) (a), Stats. The named office shall include the district, branch, or seat number, as follows:

‘Legislature.’ For legislative offices, the named office shall include the title and district number.
‘District attorneys.’ For district attorneys, the named office shall include the title and the county.
‘Circuit court judges.’ For circuit court offices, the named office shall include the title, county, and branch number.
‘Municipal offices.’ For municipal and school board offices, the named office shall include the title and any district seat number.

(5) Sufficiency of candidate address and name on ballot.

(a) Address. State and local candidates shall provide their residential address and municipality for voting purposes. The residential address shall include the street and number, and cannot be a post office box or other address at which the candidate does not reside. This information is not required for federal offices.

(b) Name on ballot. A candidate shall include their name in the form in which it will appear on the ballot. The candidate’s preferred ballot name cannot contain the word “incumbent,” include a professional title, or include an attempt to manipulate the electoral process. An intended name containing a nickname or initial, middle name, or former legal surname is permitted, provided that it does not include quotation marks or parentheses.

History

EmR2408: emerg. cr., eff. 7-1-24; CR 25-046: cr. Register January 2026 No.841, eff. 4-1-26; renum. (1) to (1) (a), (b) under s. 13.92 (4) (b) 1., Stats., correction in (1) (a), (b), (2) (b), (3) (a), (d) under s. 35.17, Stats., renumber (4) (intro.), (a) to (4) (ag), (ar) under s. 13.92 (4) (b) 1., Stats., (4) (ag) title created under s. 13.92 (4) (b) 2., Stats., correction in (4) (ag), (ar), (b) made under s. 35.17, Stats., Register January 2026 No. 841.

Wis. Admin. Code § EL 2.07 Challenges to nomination papers {#sec-el-2.07 omnilex-key=us-wi-regs-official--agency-el--EL 2.07}

(1) Definitions.

(a) All definitions set forth in s. EL 2.05 are incorporated herein by reference.

(b) In this section:

“Business day” means any calendar day except Saturday and Sunday, and except the following business holidays: New Year’s Day, Martin Luther King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas.
“Challenge” means that filing before a filing officer made by a person or organization contesting the legal validity of a candidate’s nomination papers.
“Challenger” means the person or organization filing a challenge.
“Rebuttal affidavit” means an affidavit submitted by a challenger addressing those arguments or facts raised by the challenged candidate in the candidate’s response to the challenge.
“Rebuttal” means a filing or submission by the challenger addressing those arguments raised by the challenged candidate in the candidate’s response to the challenge.
“Response” means a filing or submission by a challenged candidate to rebut the allegations made in a challenge.
“Verified” means a document that is sworn to before a person authorized to administer oaths or declared pursuant to s. 887.015, Stats.

(2) Challenge filed with filing officer. Any challenge to the validity of nomination papers brought under this section shall be filed with the appropriate filing officer by the challenger or by the challenger’s proxy or legal representative. The filing officer shall apply the standards in s. EL 2.05 to determine the validity of nomination papers with the exception of s. EL 2.05 (4) (b). The filing officer shall make filed nomination papers available for public inspection, either physically or electronically, within 1 business day of when they are filed.

(3) Procedure and Timeline.

(ag) Generally. This subsection contains the exclusive procedure by which administrative challenges to nomination papers may be brought before the filing officer. Pursuant to s. 227.27 (1), Stats., it is the manifest intent of the commission that s. 990.001 (4), Stats., does not apply to the deadlines in this subsection.

(ar) Form of challenges to nomination papers. A challenge is a short, plain statement of the basis upon which the challenger seeks to invalidate any signatures on one or more nomination papers. All factual allegations upon which the challenge relies shall be verified by one or more persons who certify that they possess personal knowledge of the facts alleged therein. Individuals other than the challenger may support a challenge with sworn affidavits or declarations pursuant to s. 887.015, Stats. A brief or summary of the legal standards applicable to a challenge and their application to the alleged facts may be filed simultaneously with, or as a part of, the challenge and any affidavits or declarations pursuant to s. 887.015, Stats. The brief or summary need not be verified, but if it is prepared by an attorney, that attorney shall sign the brief and that signature shall meet the requirements of s. 802.05, Stats.

(b) Deadlines for filing a challenge. Any challenge shall be filed by 5 p.m. on the 3rd calendar day after the filing deadline for the challenged nomination papers. The challenge shall be in the physical or electronic possession of the filing officer by 5 p.m on the challenge deadline. If a challenge is submitted on a Saturday, Sunday, or legal holiday, it shall be submitted via facsimile transmission or electronic mail. Challenges received after 5 p.m. on the challenge deadline shall not be accepted.

‘Filing challenges electronically to nomination papers.’ A challenger may choose to file a challenge electronically. The filing officer will make instructions for filing challenges electronically publicly available no less than 24 hours before the challenge deadline. Challenges that are filed electronically shall conform to those instructions. If the challenge and all supporting materials are filed in electronic form, the filing officer shall electronically transmit a copy of the challenge to the challenged candidate no later than 4 hours after the deadline for filing of the challenge complaint.
‘Filing challenges in paper form to nomination papers.’ If the challenge and supporting materials are filed in paper form, the filing officer shall deliver a copy to the challenged candidate, either in paper or electronic form, no later than noon the day after the challenge is filed.
‘Required notice to candidate.’ Regardless of how a nomination paper challenge is filed, the filing officer shall also provide the challenged candidate with a copy of the challenge, notice of the response deadline, notice of how and when the challenged candidate may file rebuttal, as well as notice that the procedures governing nomination paper challenges are governed by this chapter.

(d) Clear, convincing, and satisfactory evidence. The challenge shall be established by clear, convincing, and satisfactory evidence, presented in the sworn challenge, an accompanying affidavit, or exhibits, which demonstrate that the nomination papers are not substantially compliant. The filing officer shall review the evidence submitted when deciding the challenge.

(e) Candidate response. A response to a challenge is a short, plain statement of the basis upon which the challenged candidate asserts that any challenged signatures on one or more nomination papers, or the nomination papers themselves, are valid. All factual allegations upon which the response relies shall be verified by one or more persons with personal knowledge of the facts alleged therein. Individuals other than the challenged candidate may support a response with additional affidavits. A brief or summary of the legal standards applicable to the challenged signatures or pages and the application of those legal standards to the alleged facts may be filed simultaneously with the response and any affidavits. The brief or summary need not be verified, but if it is prepared by an attorney that attorney shall sign the brief and that signature shall meet the requirements of s. 802.05 (1), Stats.

(f) Candidate response deadline. If the challenged candidate elects to file a response to the nomination papers, that response shall be filed by the candidate challenged by 5 p.m. of the 3rd calendar day after the date the challenge was filed. The response shall be in the physical or electronic possession of the filing officer by 5 p.m. of the response deadline. If a response is submitted on a Saturday, Sunday, or legal holiday, it shall be submitted via facsimile transmission or electronic mail. Responses received after 5 p.m. on the response deadline shall not be accepted. If the challenged candidate elects to file a response and any correcting affidavits electronically, the filing officer shall electronically transmit a copy of those materials to the challenger within 4 hours of the deadline for filing those materials; if the challenge and supporting materials are filed in paper form, the filing officer shall deliver a copy to the challenger, either in paper or electronic form, no later than noon the day after those materials are filed.

(g) Challenger rebuttal. If a challenged candidate files a response and one or more correcting affidavits, the challenger may file a short rebuttal brief and one or more rebuttal affidavits. If the challenger elects to file a rebuttal brief and rebuttal affidavits, those materials shall be filed by the challenger within 24 hours of the filing officer’s transmission of the response or correcting affidavits. Whenever the rebuttal deadline in this paragraph would occur after 10 a.m. on the deadline for the filing officer to certify the names of candidates to appear on the ballot, the deadline to file the rebuttal is 10 a.m. on that day. A rebuttal brief need not be verified, but if it is prepared by an attorney, that attorney shall sign the brief and that signature shall meet the requirements of s. 802.05, Stats. The rebuttal brief and rebuttal affidavits shall be in the electronic possession of the filing officer within 24 hours from the filing officer’s transmission of the response and any correcting affidavits. Any rebuttal brief and any rebuttal affidavits shall be submitted via facsimile transmission or electronic mail. Paper copies of rebuttal briefs and rebuttal affidavits will not be accepted. Rebuttal briefs and rebuttal affidavits received after the applicable deadline shall not be accepted.

(h) Filing officer decision. After the deadline for filing any rebuttal brief and rebuttal affidavits, but not later than the date for certifying candidates to the ballot, the filing officer shall decide the challenge. The filing officer may, in the officer’s discretion, elect to hold a hearing if the filing officer determines that a hearing would assist him or her in the adjudication of the challenge. The filing officer is not required to hold a hearing.

(i) Hearing. If the filing officer elects to hold a hearing, the procedures for the hearing shall accord with this paragraph. The hearing shall be noticed in advance in compliance with s. 19.84, Stats., and shall be open to the public in compliance with ss. 19.83, 19.88, 19.89, and 19.90 Stats. The filing officer shall conduct the hearing in a manner that affords the same offered rights and opportunities to all parties. If the filing officer elects to accept oral presentations from the parties or their assigned representative, the same opportunity shall be afforded to all parties. Factual evidence being offered as oral testimony shall not be received at a hearing unless the filing officer elects to swear in witnesses, in which case all witnesses shall be sworn in.

(j) Deadlines in case of filing extension. In the event an extension is necessary for any office pursuant to s. 8.10 (2) (a), 8.15 (1), or 8.20 (8) (a), Stats., the deadlines in pars. (b), (f), and (g) do not apply. Instead, the filing officer shall calculate the deadlines for the challenge, response, and rebuttal under this paragraph. Pursuant to s. 227.27 (1), Stats., it is the manifest intent of the commission that s. 990.001 (4), Stats., does not apply to the deadlines in this paragraph. The filing officer shall calculate the total number of hours between the extended filing deadline and 10 a.m. on the day of the deadline for the filing officer to certify the names of candidates to the ballot. The filing officer shall then divide that number by 2 so that there is an equal number of hours allotted to file a challenge and file a response. From each of these totals, the filing officer shall subtract an equal number of hours to form a rebuttal deadline, which shall not exceed 24 hours. The filing officer shall communicate the deadlines to the public by all reasonable methods as soon as they know an extension will be necessary. The communication shall include the specific office that was extended, and shall specify that the extension challenge deadlines are for that office only.

(4) Burdens. The initial burden is on the challenger to establish any deficiency in the challenged candidate’s nomination papers. If the challenger makes an initial showing by clear, satisfactory and convincing evidence that establishes one or more of the challenged candidate’s nomination papers is deficient, the burden shifts to the challenged candidate to establish the validity of their nomination papers by clear, satisfactory and convincing evidence.

(5) Basis for challenges.

(ag) Generally. A challenge to the validity of nomination papers may be brought on one or more of the grounds in this subsection. The challenge shall specify one or more of the following ground or grounds:

(ar) Signature line. Any aspect of individual signature lines of signers may be challenged, including the form of the signature itself, the information provided by the signer, the signer’s eligibility to sign the nomination paper, and the fact that a signer signed one candidate’s nomination papers more than once or signed the nomination papers of more than one candidate for the same office. The filing officer shall rely upon s. EL 2.05 when determining challenges to signature line. If a challenger establishes that the information provided by a signer is not substantially compliant, the signer’s signature may not be counted. The invalidity or disqualification of one or more signatures by a signer on a nomination paper does not necessarily affect the validity of any other signatures by signers on that nomination paper.

(b) Header. Any aspect of the header of the nomination paper, as defined by s. EL 2.05 (1) (m) may be challenged. The filing officer shall rely upon s. EL 2.05 when determining challenges to the header. If the filing officer sustains a challenge to the header of a nomination paper, none of the signatures on that page may be counted.

(c) Circulation. Any aspect of how a candidate circulated their nomination papers may be challenged. A challenge may be brought against any aspect of how a qualified circulator circulated a candidate’s nomination papers, including the signature, date of signature, certification, or eligibility of the qualified circulator. A challenge brought against the certification includes a challenge that a qualified circulator did not comply with any of the statements contained within the certification. The filing officer shall rely upon s. EL 2.05 when determining challenges to the qualified circulator of nomination papers. If the filing officer sustains a challenge to the circulation of the nomination papers, none of the signatures on that page may be counted.

(d) Filing. Any aspect of how a candidate filed their nomination papers may be challenged. If the filing officer sustains a challenge to how the nomination papers were filed, none of the signatures on any of the filed pages may be counted.

(6) Decision of filing officer. If the filing officer elects not to hold a hearing, the filing officer shall promptly issue a written decision on the challenge and a signed order memorializing their disposition of the challenge not later than the date for certifying candidates to the ballot. If the filing officer elects to hold a hearing and announces an oral ruling during that hearing, any party seeking to appeal from the filing officer’s adjudication of a challenge decided at the hearing may submit a proposed order, memorializing the filing officer’s ruling, to the filing officer for adoption and signature. The filing officer shall promptly transmit all signed orders to the challenger and the challenged candidate electronically. The filing officer may draft and sign their own order rather than using a version proposed by any party.

(7) Appeal. Any order of a local filing officer disposing of a challenge may be appealed to the commission pursuant to s. 5.05 or 5.06, Stats. Pursuant to s. 227.27 (1), Stats., it is the manifest intent of the commission that s. 990.001 (4), Stats., does not apply to the deadlines in this subsection. The party aggrieved by the filing officer’s decision shall notify the commission of its intent to appeal within 48 hours of receipt of the filing officer’s signed order. The commission administrator, in consultation with the commission chair, shall establish a briefing schedule that will allow for commission decision before the deadlines for ballot printing. Any signed order of the commission disposing of a challenge or adjudicating an appeal from a local filing officer’s order disposing of a challenge may be appealed to a circuit court pursuant to s. 5.06 (8), Stats.

History

Emerg. cr. 8-9-74; cr. Register, November, 1974, No. 227, eff. 12-1-74; emerg. r. and recr. eff. 12-16-81; emerg. r. and recr. eff. 6-1-84; cr. Register, November, 1984, No. 347, eff. 12-1-84; emerg. am. (1), (4) to (6), eff. 6-1-86; am. (1), (4) to (6), Register, November, 1986, No. 371, eff. 12-1-86; r. and recr. Register, January, 1994, No. 457, eff. 2-1-94; CR 00-153: am. (2) (a) and (b), Register September 2001 No. 549, eff. 10-1-01; reprinted to restore dropped copy in (2) (b), Register December 2001 No. 552; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register April 2008 No. 628; correction in (1), (2) (b) made under s. 13.92 (4) (b) 6., Stats., and correction in (1), (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 25-064: r. and recr. Register January 2026 No. 841, eff. 4-1-26; renumber (1) (intro.) to (1) (a), (b) and renumber (3) (intro.), (a) to (3) (ag), (ar) under s. 13.92 (4) (b) 1., create (3) (ag) (title) under s. 13.92 (4) (b) 2., Stats., correction in (3) (ag), (b), (f), (g), (i), (j) made under s. 35.17, Stats., correction in (3) (i) made under s. 13.92 (4) (b) 7., Stats., renumber (5) (intro.), (a) to (5) (ag), (ar) under s. 13.92 (4) (b) 1., Stats., create (5) (ag) (title) under s. 13.92 (4) (b) 2., correction in (5) (b) made under s. 35.17, Stats., and correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register January 2026 No. 841.

Wis. Admin. Code § EL 2.08 Challenges to declarations of candidacy {#sec-el-2.08 omnilex-key=us-wi-regs-official--agency-el--EL 2.08}

(1) Definitions.

(a) All applicable definitions from ss. EL 2.05 (1), 2.06 (1), and 2.07 (1) are incorporated into this section.

(b) “Calendar day” includes Saturdays, Sundays, and legal holidays.

(2) Procedure and timeline.

(ag) Generally. Any challenge to the sufficiency of a declaration of candidacy brought under this subsection shall be filed with the appropriate filing officer by the candidate or by the candidate’s proxy or legal representative. Pursuant to s. 227.27 (1), Stats., it is the manifest intent of the commission that s. 990.001 (4), Stats., does not apply to the deadlines in sub. (6). The filing officer shall apply the standards in s. EL 2.06 and s. 8.21, Stats., to determine the sufficiency of the declaration of candidacy. This subsection contains the exclusive procedure by which administrative challenges to a declaration of candidacy may be brought before the filing officer. The filing officer shall make a declaration of candidacy available for public inspection, either physically or electronically, within one business day of when it is filed.

(ar) Form of challenges to declarations of candidacy. A challenge is a short, plain statement of the basis upon which the challenger seeks to invalidate a declaration of candidacy filed by a candidate. All factual allegations upon which the challenge relies shall be verified by one or more persons who certify that they possess personal knowledge of the facts alleged therein. An individual other than the challenger may support a challenge with sworn affidavits or declarations pursuant to s. 887.015, Stats. A brief or summary of the legal standards applicable to a challenge and their application to the alleged facts may be filed simultaneously with, or as part of, the challenge and any affidavits or declarations pursuant to s. 887.015, Stats. The brief or summary need not be verified, but if it is prepared by an attorney, that attorney shall sign the brief and that signature shall meet the requirements of s. 802.05, Stats.

(b) Deadlines for filing a challenge. Any challenge shall be filed by 5 p.m. on the 3rd calendar day after the filing deadline for the challenged declaration of candidacy. The challenge shall be in the physical or electronic possession of the filing officer by 5 p.m. of the challenge deadline. If a challenge is submitted on a Saturday, Sunday, or legal holiday, it shall be submitted via facsimile transmission or electronic mail. Challenges received after 5 p.m. on the challenge deadline shall not be accepted.

‘Filing a challenge electronically to a declaration of candidacy.’ A challenger may choose to file a challenge electronically. The filing officer will make instructions for filing challenges electronically publicly available no less than 24 hours before the start of the circulation period. A challenge that is filed electronically shall conform to those instructions. If the challenge and all supporting materials are filed in electronic form, the filing officer shall electronically transmit a copy of the challenge to the challenged candidate no later than 4 hours after the deadline for filing the challenge complaint.
‘Filing a challenge in paper form to a declaration of candidacy.’ If the challenge and supporting materials are filed in paper form, the filing officer shall deliver a copy to the challenged candidate, either in paper or electronic form, no later than noon the day after the challenge is filed. Along with a copy of the challenge, the filing officer shall also provide the challenged candidate with notice of the response deadline, as well as notice that the procedures governing declaration of candidacy challenges are covered by this chapter.

(d) Clear, satisfactory, and convincing evidence. The challenge shall establish by clear, satisfactory, and convincing evidence, presented in the sworn challenge, an accompanying affidavit, or exhibits, which demonstrate that the declaration of candidacy is insufficient. The filing officer shall review the evidence submitted when deciding the challenge.

(e) Candidate response. A response to a challenge is a short, plain statement of the basis upon which the challenged candidate asserts that their declaration of candidacy is sufficient pursuant to s. 8.21, Stats. All factual allegations upon which the response relies shall be verified by one or more persons with personal knowledge of the facts alleged therein. An individual other than the challenged candidate may support a response with additional affidavits. A brief or summary of the legal standards applicable to the challenged declaration of candidacy and the application of those legal standards to the alleged facts may be filed simultaneously with the response and any affidavits. The brief or summary need not be verified, but if it is prepared by an attorney, that attorney shall sign the brief and that signature shall meet the requirements of s. 802.05, Stats.

(f) Candidate response deadline. If the challenged candidate elects to file a response to the challenge to their declaration of candidacy, that response shall be filed, by the candidate challenged, by 5 p.m. of the 3rd calendar day after the date the challenge was filed. The response shall be in the physical or electronic possession of the filing officer by 5 p.m. of the response deadline. If a response is submitted on a Saturday, Sunday, or legal holiday, it shall be submitted via facsimile transmission or electronic mail. Responses received after 5 p.m. on the response deadline shall not be accepted. If the challenged candidate elects to file a response or any correcting affidavits electronically, the filing officer shall electronically transmit a copy of those materials to the challenger within 4 hours of the deadline for filing those materials; if the challenge and supporting materials are filed in paper form, the filing officer shall deliver a copy to the challenger, either in paper or electronic form, no later than noon on the day after those materials are filed.

(g) Challenger rebuttal. If a challenged candidate files a response, the challenger may file a short rebuttal brief and one or more rebuttal affidavits. If the challenger elects to file a rebuttal brief and rebuttal affidavits, those materials shall be filed by the challenger within 24 hours of the filing officer’s transmission of the response. If the challenger elects to file a rebuttal brief and rebuttal affidavits, those materials shall be filed by the challenger within 24 hours of the filing officer’s transmission of the response or correcting affidavits. Whenever the rebuttal deadline in this paragraph would occur after 10 a.m. on the deadline for the filing officer to certify the names of candidates to appear on the ballot, the deadline to file the rebuttal is 10 a.m. on that day. A rebuttal brief need not be verified, but if it is prepared by an attorney that attorney shall sign the brief and that signature shall meet the requirements of s. 802.05, Stats. The rebuttal brief and rebuttal affidavits shall be in the electronic possession of the filing officer within 24 hours from the filing officer’s transmission of the response. Any rebuttal brief and any rebuttal affidavits shall be submitted via facsimile transmission or electronic mail. Paper copies of rebuttal briefs and rebuttal affidavits will not be accepted. Rebuttal briefs and rebuttal affidavits received after the applicable deadline shall not be accepted.

(h) Filing officer decision. After the deadline for filing any rebuttal brief and rebuttal affidavits, but not later than the date for certifying candidates to the ballot, the filing officer shall decide the challenge. In deciding the challenge, the filing officer may elect to hold a hearing if the filing officer deems that such a hearing would assist them in the adjudication of the challenge. A filing officer is not required to hold a hearing.

(i) Hearing. If the filing officer elects to hold a hearing, the procedures for the hearing shall accord with this paragraph. The hearing shall be noticed in advance in compliance with s. 19.84, Stats., and shall be open to the public in compliance with ss. 19.83, 19.88, 19.89, and 19.90, Stats. The filing officer shall conduct the hearing in a manner that affords the same offered rights and opportunities to all parties. If the filing officer elects to accept oral presentations from the parties or their assigned representative, the same opportunity shall be afforded to all parties. Factual evidence being offered as oral testimony shall not be received at a hearing unless the filing officer elects to swear in witnesses, in which case all witnesses shall be sworn in.

(j) Deadlines in case of filing extension. In the event an extension is necessary for any office pursuant to ss. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a), Stats., the deadlines in pars. (b), (f), and (g) do not apply. Instead, the filing officer shall calculate the deadlines for the challenge, response, and rebuttal under this paragraph. Pursuant to s. 227.27 (1), Stats., it is the manifest intent of the commission that s. 990.001 (4), Stats., does not apply to the deadlines in this paragraph. The filing officer shall calculate the total number of hours between the extended filing deadline and 10 a.m. on the day of the deadline for the filing officer to certify the names of candidates to the ballot. The filing officer shall then divide that number by 2 so that there is an equal number of hours allotted to file a challenge and file a response. From each of these totals, the filing officer shall subtract an equal number of hours to form a rebuttal deadline, which shall not exceed 24 hours. The filing officer shall communicate the deadlines to the public by all reasonable methods as soon as they know an extension will be necessary. The communication shall include the specific office that was extended, and shall specify that the extension challenge deadlines are for that office only.

(3) Burdens. The initial burden is on the challenger to establish any deficiency in the challenged candidate’s declaration of candidacy. If the challenger makes an initial showing by clear, satisfactory, and convincing evidence that establishes the declaration of candidacy is insufficient pursuant to s. 8.21, Stats., the burden shifts to the challenged candidate to establish the sufficiency of the declaration of candidacy by clear, satisfactory, and convincing evidence.

(4) Basis for challenges.

(ag) Generally. An administrative challenge to the sufficiency of a declaration of candidacy under this section may only be brought on one or more grounds in this subsection. The challenge shall allege with specificity the ground or grounds of each challenge.

(ar) Certification, missing information. A challenge may be brought if any of the information in the candidate certification section is missing or incomplete, including the candidate’s name and the official name of the office.

(b) Certification, qualifications. A challenge may be brought to the candidate’s certification on the declaration of candidacy that they possess qualifications to run for the office identified. A challenge under this ground shall be limited to the sworn statements that are required by s. 8.21 (2) and (4), Stats. A challenge to sworn statements required by s. 8.21 (4), Stats., shall only be brought against candidates for state and local office.

(c) Candidate address. A challenge under this ground may only be brought against candidates for state and local office pursuant to s. 8.21 (4), Stats. A challenge may be brought if the present address, including the municipality for voting purposes, is missing, incomplete, or incorrect. A challenge may also be brought under this ground if this information is inconsistent with a candidate’s nomination papers.

(d) Candidate name on ballot. A challenge may be brought if the name the candidate wishes to appear on the ballot is missing. A challenge may also be brought under this ground if this information is inconsistent with a candidate’s nomination papers. A challenge may also be brought if the intended name of the candidate on the ballot contains the word “incumbent,” includes a professional title, or includes an attempt to manipulate the electoral process. This paragraph cannot serve as a basis for a challenge for an incomplete name if the candidate has provided a last name plus first name, nickname or initial, middle name, or former legal surname, provided the name does not otherwise violate this paragraph and also does not include quotation marks or parentheses.

(e) Sworn statement. A challenge may be brought if the declaration of candidacy has not been sworn to before any officer authorized to administer oaths per s. 8.21 (2) and (5), Stats.

(f) Timeliness of filing. A challenge may be brought if the declaration of candidacy was not timely filed pursuant to s. 8.21 (1), Stats.

(5) Decision of filing officer. Pursuant to s. 227.27 (1), Stats., it is the manifest intent of the commission that s. 990.001 (4), Stats., does not apply to the deadlines in this section. If the filing officer elects not to hold a hearing, the filing officer shall promptly issue a written decision on the challenge and a signed order memorializing their disposition of the challenge not later than the deadline for certifying candidates to the ballot. If the filing officer elects to hold a hearing and announces an oral ruling during that hearing, any party seeking to appeal from the filing officer’s adjudication of a challenge decided at the hearing may submit a proposed order, memorializing the filing officer’s ruling, to the filing officer for adoption and signature. The filing officer shall promptly transmit all signed orders to the challenger and challenged candidate electronically. The filing officer may draft and sign their own order rather than using a version proposed by any party.

(6) Appeal. Any order of a local filing officer disposing of a challenge may be appealed to the commission pursuant to ss. 5.05 or 5.06, Stats. Pursuant to s. 227.27 (1), Stats., it is the manifest intent of the commission that s. 990.001 (4), Stats., does not apply to the deadlines in this subsection. The party aggrieved by the filing officer’s decision shall notify the commission of its intent to appeal within 48 hours of receipt of the filing officer’s signed order. The commission administrator, in consultation with the commission chair, shall establish a briefing schedule that will allow for a commission decision before the deadlines before ballot printing. Any signed order of the commission disposing of a challenge or adjudicating an appeal from a local filing officer’s order disposing of a challenge may be appealed to a circuit court pursuant to s. 5.06 (8), Stats.

History

EmR2408: emerg. cr., eff. 7-1-24; CR 25-046: cr. Register January 2026 No.841, eff. 4-1-26; renumber (1) to (1) (a), renumber (1) (b) from (5) in part, and renumber (2) (intro.), (a) to (2) (ag), (ar) under s. 13.92 (4) (b) 1., correction in (1) (a) made under s. 35.17, Stats., create (2) (ag), (4) (ag) (title) under s. 13.92 (4) (b) 2., correction in (2) (ag) made under s. 13.92 (4) (b) 7. and 35.17, Stats., correction in (2) (j) made under s. 13.92 (4) (b) 7., Stats., correction in (2) (b), (f), (g), (i), (j) made under s. 35.17, Stats., renumber (4) (intro.), (a) to (4) (ag), (ar) under s. 13.92 (4) (b) 1., Stats., correction in (4) (ag), (b), (d), (e), (5) made under s. 35.17, Stats., correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register January 2026 No. 841.

Wis. Admin. Code § EL 2.09 Treatment and sufficiency of election petitions {#sec-el-2.09 omnilex-key=us-wi-regs-official--agency-el--EL 2.09}

(1) Except as expressly provided herein, the standards established in s. EL 2.05 for determining the treatment and sufficiency of nomination papers are incorporated by reference into, and are made a part of, this section.

(2) In order to be timely filed, all petitions required to comply with s. 8.40, Stats., and required by statute or other law to be filed by a time certain, shall be in the physical possession of the filing officer not later than the time set by that statute or other law.

(3) All petitions shall contain at least the number of signatures, from the election district in which the petition was circulated, equal to the minimum required by the statute or other law establishing the right to petition.

(4) Only one signature per person for the same petition, is valid.

(5) This section applies to all petitions which are required to comply with s. 8.40, Stats., including recall petitions, and to any other petition whose filing would require a governing body to call a referendum election.

History

Cr. Register, January, 1994, No. 457, eff. 2-1-94; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 2.11 Challenges to election petitions {#sec-el-2.11 omnilex-key=us-wi-regs-official--agency-el--EL 2.11}

(1) Except as expressly provided herein, the standards established in s. EL 2.07 for determining challenges to the sufficiency of nomination papers apply equally to determining challenges to the sufficiency of petitions required to comply with s. 8.40, Stats., including recall petitions, and to any other petition whose filing requires a governing body to call a referendum election.

(2)

(a) Any challenge to the sufficiency of a petition required to comply with s. 8.40, Stats., shall be made by verified complaint filed with the appropriate filing officer. The form of the complaint, the filing of the complaint and the legal sufficiency of the complaint shall comply with the requirements of ch. EL 20; the procedure for resolving the complaint, including filing deadlines, shall be governed by this section and not by ch. EL 20.

(b) The complaint challenging a petition shall be in the physical possession of the filing officer within the time set by the statute or other law governing the petition being challenged or, if no time limit is specifically provided by statute or other law, within 10 days after the day that the petition is filed.

(3) The response to a challenge to a petition shall be filed within the time set by the statute or other law governing that petition or, if no time limit is specifically provided by statute or other law, within 5 days of the filing of the challenge to that petition. After the deadline for filing a response to a challenge, the filing officer shall decide the challenge with or without a hearing.

History

Cr. Register, January, 1994, No. 457, eff. 2-1-94; correction in (1), (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.

Chapter EL 3 VOTER REGISTRATION

Wis. Admin. Code § EL 3.01 Voter registration {#sec-el-3.01 omnilex-key=us-wi-regs-official--agency-el--EL 3.01}

In this chapter:

(1) “Applicant” is an individual who submits a voter registration application form or a special registration deputy application form.

(2) “Appointing authority” means the commission, a municipal clerk or board of election commissioners.

(4) “By mail” means the completing and signing of a voter registration application form other than in the presence of a special registration deputy, county clerk, deputy clerk or municipal clerk.

(5) “Close of registration” is the third Wednesday preceding the election.

(5m) “Commission” means the elections commission.

(6) “Election cycle” means the period beginning on January 1 of an odd-numbered year and continuing through December 31 of the following even-numbered year.

(7) “In person” means the completing and signing of a voter registration application form in the presence of a special registration deputy, county clerk, deputy clerk or municipal clerk.

(8) “Municipal clerk” has the meaning given in s. 5.02 (10), Stats., and includes the Milwaukee city board of election commissioners.

(9) “Provider” means a municipality or county that provides election administration services in conjunction with the Statewide Voter Registration System for a relier municipality.

(10) “Qualified elector” has the meaning given in s. 6.02, Stats.

(11) “Registration” means registration to vote under subch. II of ch. 6, Stats.

(12) “Registration period” means the time period occurring between the date of a special registration deputy’s appointment and the close of registration for the election immediately following the appointment. For purposes of this subsection, the term “election” includes any primary that precedes the election.

(13) “Relier” means a municipality that enters into an agreement with another municipality or county to provide election administration services in conjunction with the Statewide Voter Registration System.

(14) “Self-provider” means a municipality that provides its own election administration services in conjunction with the Statewide Voter Registration System.

(15) “Special registration deputy” means a qualified elector appointed pursuant ss. 6.26 (2) (a) and 6.55 (6), Stats., to register voters.

Note: Sub. (15) is unenforceable as a result of the repeal of s. 6.26, Stats., and amendment of 6.55 (6), Stats., by 2015 Wis. Act 261, and will be repealed in future rulemaking.

(16) “Statewide Voter Registration System” is the election administration software application provided by the commission to enable local election officials to register voters, track absentee voting and administer elections.

(17) “Voter registration application form” means the commission-prescribed form (EL-131) on which voter registration information is recorded before entry in the Statewide Voter Registration System.

History

CR 07-059: cr. Register January 2008 No. 625, eff. 2-1-08; renum. (3) to (5m) under s. 13.92 (4) (b) 1., Stats., correction in (2), (5m), (16) and (17) made under s. 13.92 (4) (b) 6., and correction in (15) made under s. 13.92 (4) (b) 7., Stats., and s. 35.17, Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 3.02 Content of the voter registration form {#sec-el-3.02 omnilex-key=us-wi-regs-official--agency-el--EL 3.02}

An elector shall provide all of the following information on the voter registration application form:

(1) The elector’s full name, including first and last name.

(2) The elector’s complete address, including street, number and municipality.

(3) The elector’s date of birth.

(4) The elector’s driver’s license number or, if the elector has not been issued a valid and current driver’s license but has a department of transportation issued identification card, the transportation identification card number, or the last four digits of the elector’s social security number. If the elector has not been issued a valid and current driver’s license and does not have a social security number, the elector shall indicate that the elector has neither of those documents.

(5) An indication of the elector’s age.

(6) An indication of the elector’s citizenship.

(7) An indication that the elector is not disqualified from voting because the elector has not completed the terms of a sentence resulting from a felony conviction.

(8) If the elector was registered at a different location, the complete address including street, number and municipality of the previous address.

(9) If the elector was registered under a different name; the elector’s former name, including first and last name.

(10) The signature of the elector certifying that the elector is qualified to vote in this state.

History

Emerg. cr. eff. 7-1-76; cr. Register, August, 1976, No. 248, eff. 9-1-76; CR 07-059: r. and recr. Register January 2008 No. 625, eff. 2-1-08.

Wis. Admin. Code § EL 3.03 Treatment of voter registration applications {#sec-el-3.03 omnilex-key=us-wi-regs-official--agency-el--EL 3.03}

(1) If an applicant for voter registration fails to check either or both of the boxes indicating the elector is a U.S. citizen and indicating the elector is or will be at least 18 years old at the time of the next election, the municipal clerk may process the voter registration application if the elector has signed the certification on the application form indicating the voter meets or will meet the applicable requirements to vote in this state.

(2) If information is missing from a voter registration application form, the municipal clerk shall contact the applicant by any means feasible, including in person, by email, facsimile transmission or telephone, to obtain the missing information.

History

CR 07-059: cr. Register January 2008 No. 625, eff. 2-1-08.

Wis. Admin. Code § EL 3.04 Requiring provision of certain information by election-day voter registration applicants {#sec-el-3.04 omnilex-key=us-wi-regs-official--agency-el--EL 3.04}

(1) A qualified elector registering to vote at a polling place on election day, who has been issued a current and valid Wisconsin driver’s license, shall list his or her Wisconsin driver’s license number on the voter registration application before the registration may be accepted or processed and before the person is allowed to vote at any election in Wisconsin. A Wisconsin driver’s license that has expired, or has been suspended or revoked, is not a current and valid driver’s license.

(2) If a current and valid Wisconsin driver’s license has been issued to the registration applicant, but the registration applicant does not list the driver’s license number on the registration application, the applicant shall be allowed to vote a provisional ballot using the procedures set forth in s. 6.97, Stats. Individuals voting provisional ballots shall be given the written information required under s. 6.97 (1), Stats. If the person voting a provisional ballot provides his or her driver’s license number to the municipal clerk, by any means feasible, including, but not limited to: in person, email, facsimile or telephone; not later than 4:00 p.m., on the day following the day of the election, the person’s ballot shall be counted.

(3) If a current and valid Wisconsin driver’s license has not been issued to the applicant, the applicant shall list on the registration application either the last four digits of the applicant’s social security number, or the Wisconsin department of transportation identification card number if one has been issued to the applicant. If neither a driver’s license nor a social security number has been issued to the applicant, and the applicant has not been issued a Wisconsin department of transportation identification card number, the applicant shall check the appropriate box on the application before the application may be accepted or processed and the registrant is allowed to vote.

History

CR 06-137: cr. Register March 2008 No. 627, eff. 4-1-08.

Wis. Admin. Code § EL 3.10 Special registration deputies {#sec-el-3.10 omnilex-key=us-wi-regs-official--agency-el--EL 3.10}

(1) A qualified elector of the this state may apply to any municipal clerk or board of election commissioners to be appointed a special registration deputy, under s. 6.26, Stats., for the purpose of registering electors of that municipality before the close of registration.

(2) A qualified elector of this state may apply to the commission to be appointed a special registration deputy for the purpose of registering electors of any municipality before the close of registration.

(3) Application to be appointed a special registration deputy shall be made by completion of the application form (EL-158) prescribed by the commission and submission of the form to the appointing authority.

(4) Appointment shall be consummated by issuance of the special registration deputy’s oath of office, on a form (EL-156) prescribed by the commission.

(5) The term of an appointment under this chapter continues through the registration periods remaining in the election cycle at the time of application, and expires at the end of the election cycle.

Note: This section is unenforceable as a result of the repeal of s. 6.26, stats., and will be repealed in future rulemaking.

History

CR 07-059: cr. Register January 2008 No. 625, eff. 2-1-08; correction in (2) to (4) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 3.11 Special registration deputy application form {#sec-el-3.11 omnilex-key=us-wi-regs-official--agency-el--EL 3.11}

(1) An application to be appointed a special registration deputy shall require the applicant to provide the applicant’s name, address, and contact information.

(2) The application shall contain a certification that the applicant is a qualified elector of the state.

(3) The applicant shall agree to follow the procedures established by the commission and the municipal clerk.

(4) Before being appointed a special registration deputy the applicant shall attend a training session conducted by the appointing authority.

(5) The applicant shall be issued, by the appointing authority, a unique number that the applicant shall list on all voter registration forms collected by the applicant.

Note: This section is unenforceable as a result of the repeal of s. 6.26, stats., and will be repealed in future rulemaking.

History

CR 07-059: cr. Register January 2008 No. 625, eff. 2-1-08; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 3.12 Special registration deputy training {#sec-el-3.12 omnilex-key=us-wi-regs-official--agency-el--EL 3.12}

(1) The content and curriculum of the training session required of each special registration deputy shall be prescribed by the commission.

(2) The training shall include all of the following elements:

(a) Review of Wisconsin voter eligibility requirements.

(b) Directions on the completion of the voter registration application form, including a direction that the special registration deputy shall affix to the form his or her printed name, signature and identification number.

(d) Review of the applicable statutory deadlines for submitting a voter registration application form.

(e) Directions on the treatment of confidential voter information and on the handling of proof of residence documents received from an applicant.

(f) Review of the deadlines and procedures for delivering the completed voter registration application form to the appointing authority.

(g) Information on the consequences of failing to follow the prescribed procedures for registering voters.

(h) Information on providing assistance to individuals with difficulty understanding the English language and individuals with disabilities.

(i) Information on the provisions of s. 12.13 (3) (ze), Stats., prohibiting compensation of special registration deputies according to the number of registration forms collected.

(j) Information on the criminal sanctions applicable to the misuse of appointment as a special registration deputy.

(k) Any other information prescribed by the commission.

(3) The commission shall provide training at times and locations designed to facilitate the participation of applicants.

(4) The commission may authorize a municipal clerk to provide training for an applicant applying for appointment by the board.

Note: This section is unenforceable as a result of the repeal of s. 6.26, stats., and will be repealed in future rulemaking.

History

CR 07-059: cr. Register January 2008 No. 625, eff. 2-1-08; correction in (1), (2) (k), (3), (4) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 3.13 Revocation of special registration deputy appointment {#sec-el-3.13 omnilex-key=us-wi-regs-official--agency-el--EL 3.13}

(1) Under s. 6.26 (2) (b), Stats., an appointing authority may, for cause, decline to appoint an applicant as a special registration deputy, or may revoke the appointment of an existing special registration deputy.

(2) The basis for denying or revoking an appointment includes:

(a) The applicant or special registration deputy lacks the qualifications of an election official as set forth in s. 7.30 (2), Stats.

(b) The applicant or special registration deputy fails to attend training sessions scheduled by the appointing authority.

(d) The applicant or special registration deputy fails to adhere to procedures established by the appointing authority, including submission of completed voter registration application forms in the time and manner prescribed by the appointing authority.

(e) The applicant or special registration deputy falsifies, fails to submit, or wrongfully suppresses a voter registration application form or otherwise commits official misconduct.

(f) The applicant has been convicted of a crime delineated in s. 12.13, Stats.

Note: This section is unenforceable as a result of the repeal of s. 6.26, stats., and will be repealed in future rulemaking.

History

CR 07-059: cr. Register January 2008 No. 625, eff. 2-1-08.

Wis. Admin. Code § EL 3.20 Voter registration drives {#sec-el-3.20 omnilex-key=us-wi-regs-official--agency-el--EL 3.20}

(1) Individuals or organizations conducting voter registration drives shall use the voter registration application form (EL-131).

(2) Individuals or organizations conducting voter registration drives may not retain the following voter registration information: the date of birth, driver’s license number, department of transportation identification number, or last four digits of the social security number of an individual completing a voter registration application form.

(3) Individuals or organizations conducting voter registration drives may utilize special registration deputies to assist in the collection of voter registration application forms.

(4) Individuals or organizations conducting voter registration drives that do not utilize special registration deputies to assist in the collection of voter registration application forms shall collect a copy of the required forms of proof of residence for first-time voters and submit the copy to the appointing authority with the completed voter registration application form.

(5) Individuals or organizations conducting voter registration drives may not retain a copy of any form of proof of residence collected from an individual.

(6) Individuals or organizations conducting voter registration drives may not pay any individual collecting voter registration application forms compensation based on the number of registration forms collected as prohibited in s. 12.13 (3) (ze), Stats.

History

CR 07-059: cr. Register January 2008 No. 625, eff. 2-1-08; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register January 2008 No. 625; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 3.50 Charges for voter registration data {#sec-el-3.50 omnilex-key=us-wi-regs-official--agency-el--EL 3.50}

(1) In this section:

(a) “Custom report” means a report that is not programmed to run in the Statewide Voter Registration System at the time a request for the report is made, or a report that requires additional programming tasks.

(b) “Election official” has the same meaning as provided in s. 5.02 (4e), Stats.

(d) “Protected information” means any information that is protected from general public disclosure by ss. 6.36 (1) (b) 1. a. and 6.47, Stats.

(e) “Report” means a defined list of related voter registration data records generated from the Statewide Voter Registration System.

(f) “Voter registration data” means data contained in the official registration list.

(g) “Voter registration data record” means a set of related information requested from the official registration list which consists of a core data element and related attributes. A core data element is the basic unit of data that is being requested, including, but not limited to, a voter name, candidate, election official, or address. The related attributes consist of pieces of data associated with that core data element.

(2) The official registration list shall be open to public inspection consistent with the requirements of ss. 6.36, 6.45 to 6.47, and ss. 19.31 to 19.36, Stats.

(3) Any person may obtain, from the official registration list, voter registration data that is not protected information, upon payment of the applicable charges.

(4) The charge for reports in electronic format is a $25 base fee per report; plus $5 for the first 1,000 voter registration data records, or up to 1,000 voter registration data records; plus $5 for each additional 1,000 voter registration data records, rounded to the nearest thousand. The maximum charge for an electronic report is $12,500.

(5) The charge for a paper copy of a report is $.25 per page, plus the cost of postage and shipping.

(6) Any request for a report or custom report submitted to the commission shall be made in writing by the requester or reduced to writing by the commission’s staff. Any request by the commission for payment in advance for the report requested shall include a copy of the report request in writing as submitted by the requester or as memorialized by the commission’s staff.

(7) Any person may request a copy of the poll list used at an election from the municipal or county clerk who has custody of the list. The charge for a copy of a poll list provided by a municipal or county clerk shall be a charge determined by that clerk not to exceed the cost of reproduction.

(8) The commission, its staff, and each municipal or county election official shall take steps to ensure that any protected information contained in the Statewide Voter Registration System, or on a poll list, is not made available for public inspection.

(9) If a request for voter registration data requires a custom report, and the commission staff determines that it can produce the report, the charge for producing the custom report charged to the requester shall be calculated by the commission’s staff on a case-by-case basis and shall include, in addition to the charges articulated in subs. (4) and (5), any applicable charges for handling and mailing; charges for reproduction, including programming costs; and costs of maintenance of the Statewide Voter Registration System as authorized by s. 6.36 (6), Stats. Requests fulfilled under this subsection are not subject to the maximum charge limitations in subs. (4) and (5).

(10) The money received from requests for voter registration data shall remain with the municipality, county, or commission, whichever produces and provides the report.

History

Emerg. cr. eff. 5-12-07; CR 07-043: cr. Register January 2008 No. 625, eff. 2-1-08; correction in (6), (8) to (10) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Chapter EL 4 ELECTION OBSERVERS

Wis. Admin. Code § EL 4.01 Right to vote {#sec-el-4.01 omnilex-key=us-wi-regs-official--agency-el--EL 4.01}

Nothing in this chapter shall be construed to distract, disrupt, obstruct, slow, or prevent a qualified voter from casting a lawful ballot or registering to vote.

History

CR 24-032: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § EL 4.02 Definitions {#sec-el-4.02 omnilex-key=us-wi-regs-official--agency-el--EL 4.02}

In this chapter:

(1) “Chief inspector” means the chief inspector at a polling place, appointed pursuant to s. 7.30 (6) (b), Stats.

(2) “Clerk” has the same meaning as “municipal clerk” under s. 5.02 (10), Stats.

(3) “Commission” means the Wisconsin elections commission.

(4) “Communications media member” means an individual who communicates to the designated election official that the individual seeks to record or report information outside the voting area. Except as provided in s. EL 4.07 (3), a communications media member is not an observer under this chapter.

(5) “Confidential information” means information that is not part of the public aspects of the voting process, including an operator’s license or identification card number issued by the Wisconsin department of transportation, a birth date, a social security number or any portion thereof, accommodation information on a voter registration form, information concerning a confidential voter, guardianship information, a voted ballot, and a communication by a voter to a person rendering voting assistance under ss. 6.82, 6.87 (5), or 6.875 (6) (c) 1., Stats. Confidential information does not include the type of document that is submitted for photo identification as defined by s. 5.02 (6m), Stats., or for proof of residency as defined by s. 6.34 (3), Stats., but includes the information provided thereon.

(6) “Designated election official” means the chief inspector, if the observable location is a polling place, or the clerk, or any other election official designated by a chief inspector or clerk to carry out the election responsibilities under this chapter. At a facility served by special voting deputies, designated election official means the special voting deputies. At a recount, designated election official means the board of canvassers.

(7) “Electioneering” has the meaning given in s. 12.03 (4), Stats.

(8) “Election official” has the meaning given in s. 5.02 (4e), Stats. An individual authorized by the commission to conduct any election related activities is an election official in this chapter.

(9) “Inspector” or “election inspector” means an individual appointed pursuant to s. 7.30, Stats., to conduct an election.

(10) “Member of the public” means an individual, excluding an election official, a candidate appearing on the ballot at that observable location, or a registered write-in candidate for an office voted on at that observable location.

(11) “Observable location” means a polling place, a municipal clerk’s office that is located in a public building, an alternate absentee ballot site, a meeting location of a board of absentee ballot canvassers, a facility served by special voting deputies, a central count location, or a recount location during those hours specified in this chapter as permitting observation.

(12) “Observe” means to see or hear and does not include physically handling election related materials or materials provided by the voter.

(13) “Observer” means a member of the public who has signed in as an observer at an observable location and is present at an observable location to observe an election or the absentee ballot voting process. An accessibility reviewer is an individual authorized by the commission who monitors compliance with s. 5.25 (4) (a), Stats., and an accessibility reviewer is not an observer under this chapter.

(14) “Organization” means an organization represented by an observer at an observable location under this chapter and shall not be construed to be limited to political parties, candidates, or campaigns.

(15) “Posting and distribution of election-related material” has the meaning given in s. 12.035, Stats.

(16) “Public aspects of the voting process” means the election activities that take place at an observable location during those hours specified in this chapter as permitting observation, except for inspection of confidential information.

(17) “Representing the same organization” means individuals who were deployed, assigned, or who identify as representing the same organization.

(18) “Voting area” is that area at an observable location where voters receive, prepare, or deposit their ballots, or where voters cast their votes on a voting machine.

History

CR 24-032: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (8) made under s. 13.92 (4) (b) 7., Stats.,correction in (13) made under s. 35.17, Stats., and correction in (16) made under ss. 13.92 (4) (b) 12. and 35.17, Stats., Register July 2025 No. 835.

Wis. Admin. Code § EL 4.03 Procedures for election officials {#sec-el-4.03 omnilex-key=us-wi-regs-official--agency-el--EL 4.03}

(1) The designated election official shall do all of the following:

(a) Establish at least one observation area to enable observers to readily observe all public aspects of the voting process during the election without disrupting the voting process. The designated election official shall position an observer area to minimize contact between observers and voters and election officials.

(b) Ensure that an observation area is not less than 3 feet nor more than 8 feet from any of the following:

Each table at which voters announce their names and addresses to be issued voter numbers or at which election officials announce the name of absentee voters.
Each table at which voters may register to vote.
Each table at which election inspectors remake any ballots.

(c) Ensure that an observation area is accessible to observers with disabilities and includes sufficient space for mobility equipment, chairs, or other disability aids brought by an observer.

(2)

(a) The designated election official shall maintain an observer log and shall require a member of the public intending to exercise the right to observe an election under s. 7.41, Stats., to enter the required information under s. EL 4.04 (1) into the observer log and shall ensure that the photo identification presented reasonably resembles the observer and the name entered.

(b) After completing the log, the designated election official shall offer to an observer a summary of the rules governing election observers at the observable location, and inform an observer of all of the following:

To whom at the observable location the observer may direct questions during the day.
How the observer may move between observation areas throughout the day.
The location where a ballot may be remade, if applicable.

(c) After the requirements of pars. (a) and (b) have been met, the designated election official shall provide an observer with a sticker, badge, or other item that identifies an individual as an observer and distinguishes observers from election officials and direct the observer to an area of the observable location established by the designated election official as an observation area.

(d) The designated election official shall return an observer log to the municipal clerk after the election activities at an observable location have concluded.

(3) The designated election official shall permit an observer access to any available chair within the observable location and with the same access to restrooms available to election officials at the observable location.

(4) The designated election official may reasonably limit the number of observers representing the same organization who are present at any one time at an observable location due to physical limitations or the orderly administration of elections, or both. If the designated election official acts under this subsection, the designated election official shall limit observers from all organizations in a uniform manner and shall document the actions taken and the reasons therefore on a copy of an inspectors’ statement or other incident log.

(5) The designated election official of any observable location that is unable to accommodate the observation areas as described in sub. (1) shall record the reason the requirements were not met and shall send a copy of that record to the commission within 60 days of the election for which the observable location was active.

(6) An election official shall repeat, once and then at the election official’s discretion, a name or address upon request.

(7) In a manner established by the designated election official, election officials shall allow an observer to observe absentee ballot certificate envelopes that have been set aside to be rejected.

(8) An election official shall permit an observer to observe the poll lists, excluding the confidential portions of the lists maintained under ss. 6.36 (4) and 6.79 (6), Stats., at such times as election officials determine that doing so does not interfere with or distract voters under s. 5.35 (5) Stats., and does not interfere with the conduct of the election under s. 6.45 (1m), Stats.

(9) No election official may permit an observer to handle an original version of any official election document.

(10) No election official may permit an observer to observe any confidential information.

(11) If an observer violates a provision of this chapter or any applicable election statute, the designated election official shall, verbally or in writing, warn an observer one time to cease the offending conduct. Following a warning, the designated election official shall, if necessary, carry out the following procedures:

(a) If an observer does not cease the offending conduct following a warning under this section, the designated election official may order an observer to depart from the observable location. If the designated election official is a person other than the chief inspector or municipal clerk, the designated election official shall notify the chief inspector or municipal clerk.

(b) If the offending observer who is ordered to depart under par. (a) declines or otherwise fails to comply with the designated election official’s order to depart, the official may summon law enforcement to remove the offending observer consistent with s. 7.37 (2), Stats. The designated election official shall provide a written order to the observer which includes the reason for the order and the signature of the designated election official.

(c) If the designated election official who has issued an order to an observer to depart has been appointed from a list provided by a political party under s. 7.30 (4), Stats., the designated election official shall offer an election official representing the opposite political party than the designated election official, if he or she is available on a timely basis, the opportunity to sign the written order and to note any concurrence or disagreement with that order. Failure of that election official to sign the written order, or the unavailability of that official to review the order in a timely fashion, does not affect the enforceability of that order.

(d) If an observer is ordered to leave an observable location, an election official shall record the incident and the designated election official shall, within 60 days of the incident, provide to the commission a copy of the order and any other documentation of the incident. The designated official may use a copy of an inspectors’ statement or other incident log to comply with this subsection.

History

CR 24-032: cr. Register July 2025 No. 835, eff. 8-1-25; (2) title repealed under s. 13.92 (4) (b) 2., Stats., Register July 2025 No. 835.

Wis. Admin. Code § EL 4.04 Conduct of observers {#sec-el-4.04 omnilex-key=us-wi-regs-official--agency-el--EL 4.04}

(1) A member of the public intending to exercise the right to observe an election under s. 7.41, Stats., shall notify the designated election official of that intent upon entering the observable location and shall sign the election observer log acknowledging that the observer understands the applicable rules and will abide by them. An observer shall present photo identification showing the observer’s name to the designated election official and shall legibly print the observer’s full name, street address and municipality, and the name of the organization the observer represents, if any, on the observer log. An observer is not required to be affiliated with or represent an organization. The photo identification does not need to conform to the requirements of s. 5.02 (6m), Stats.

(2) An observer shall comply with the designated election official’s commands or shall be subject to removal from the observable location pursuant to s. EL 4.03 (11).

(3) If more than one observation area is established within an observable location, an observer may move between such areas in a manner established by the designated election official.

(4) An observer may direct questions to the designated election official or other election officials as determined by the designated election official and communicated to observers when they sign the observer log pursuant to s. EL 4.03 (2) (b) 1.

(5) An observer who is an elector shall direct any challenges for cause against a voter to an election official in accordance with ss. 6.925, 6.93, and 6.935, Stats., and ch. EL 9.

(6) No observer may engage in any loud, boisterous, or otherwise disruptive behavior, that, in the discretion of the designated election official, threatens the orderly conduct of the election or interferes with voting or registration.

(7) No observer may create or transmit photographs, videos, or audio recordings of any observable location except as expressly permitted by this chapter.

(8) An observer shall keep conversation to a minimum and shall conduct whatever conversation is necessary at a low enough volume to minimize distraction to voters and election officials.

(9) No observer may engage in electioneering, as defined in s. 12.03, Stats., or post or distribute any election-related material as defined in s. 12.035, Stats.

(10) No observer may display the name or likeness of, or text related to, a candidate, party, or referendum position appearing on the ballot, or display text which describes, states, or implies that the observer is an election official.

(11) No observer may engage in any conversation concerning a candidate, party, or question appearing on the ballot.

(12) No observer may use a communication device inside an observer area to make an audio or video communication. Text messaging, email, and other non-audible uses of such a device are permissible except as otherwise prohibited by this chapter.

(13) No observer may initiate a conversation with a voter. If a voter initiates a conversation with an observer inside an observable location, except as allowed by sub. (15), the observer may briefly respond to the voter if such response does not disturb other voters or the orderly administration of the election. The observer may also refer the voter to an election official for any election related questions, and briefly explain to the voter that the observer is observing the election and is not an election official. A brief wave or greeting to an individual known to the observer does not constitute a violation of this subsection.

(14) An observer may communicate with the designated election official and any other election officials at the discretion of the designated election official.

(15) Nothing in this chapter shall be construed to prevent an observer from assisting a voter in accordance with s. 6.82, 6.87 (5), or 6.875 (6) (c) 1., Stats., provided that the voter requests the observer’s assistance.

History

CR 24-032: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (2), (4), (13) made under s. 13.92 (4) (b) 7., Stats., Register July 2025 No. 835.

Wis. Admin. Code § EL 4.05 Location specific requirements {#sec-el-4.05 omnilex-key=us-wi-regs-official--agency-el--EL 4.05}

(1) Polling place.

(a) The designated election official shall permit an observer to observe beginning at 7 a.m. or whenever machines are zeroed out on election day, whichever is earlier, and ending at 8 p.m. or when the last voter who was in line to vote at or before 8 p.m. has finished voting. After 8 p.m., or after the last voter who was in line has voted, whichever is later, an observer may remain at the polling place to observe canvassing under Wisconsin’s open meetings law. If any observer is allowed access outside of the time frame provided herein, all observers shall be allowed the same access.

(b) No observer may create or transmit photographs, videos, or audio recordings of the interior of the observable location until the public canvassing meeting has begun.

(2) Municipal clerk office or alternate site.

(a) The designated election official shall permit an observer to observe the in-person issuing and voting of absentee ballots under s. 6.86 (1) (b), Stats., during the hours such activities may occur at a municipal clerk’s office whose office is located in a public building, or at an alternate absentee ballot site under s. 6.855, Stats. This chapter does not cover the return of voted by-mail absentee ballots to a municipal clerk’s office or alternate site by the United States postal service unless it occurs in the same location and during the same hours as the issuing and voting of absentee ballots.

(b) The designated election official shall permit an observer to observe the initial enclosing and securing of an absentee ballot required under s. 6.88, Stats., that is received under par. (a).

(3) Board of Absentee ballot canvassers.

(a) The designated election official shall permit an observer to observe during all hours when a board of absentee ballot canvassers is meeting to canvass absentee ballots, and observation shall not start later than the zeroing of election equipment.

(b) An observer may create or transmit photographs, videos, or audio recordings of the observable location. However, an observer may not create or transmit any photographs, videos or audio recordings of any individual returning an absentee ballot or correcting, under s. 6.87 (9), Stats., an absentee ballot certificate envelope.

(4) Absentee voting in residential care facilities and retirement homes.

(a) Only one observer from each of the 2 political parties whose candidate for governor or president received the greatest number of votes in the municipality in the last general election may accompany the special voting deputies to absentee voting locations described in s. 6.875, Stats. Each party wishing to have an observer present shall submit the name of the observer to the clerk or board of election commissioners no later than the close of business on the last business day prior to the visit to the facility.

(b) The designated election official shall permit an observer to accompany the special voting deputies during the hours when the deputies will be administering voting in accordance with s. 6.875, Stats.

(d) The designated election official shall permit an observer to observe the process of absentee ballot distribution in the common areas of the home or facility, but shall not permit an observer to enter a voter’s private room. A voter may opt to close his or her door or otherwise secure his or her voting privacy.

(e) The special voting deputies may not permit any person other than a special voting deputy or relative of the voter assisting the voter in marking the ballot to hear any discussion regarding the electoral choices of the voter. Special voting deputies must enforce the voter’s constitutional right to cast a secret ballot, just as the individual is entitled to in other absentee or polling place settings.

(5) Recount.

(a) The designated election official shall permit an observer to observe during all hours when a recount is occurring.

(b) The petitioner, all opposing candidates, interested persons and their counsel, as described in s. 9.01 (3), Stats., are not subject to this chapter, however, they must state to the designated election official that they are either the petitioner, an opposing candidate, an interested person, or counsel for any such individual.

(d) An observer may create or transmit photographs, videos, or audio recordings of the observable location.

(6) Central count.

(a) The designated election official shall permit an observer to observe all counting of ballots occurring at a central counting location.

(b) An observer may create or transmit photographs, videos, or audio recordings of the observable location.

History

CR 24-032: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § EL 4.06 Post-observation practices {#sec-el-4.06 omnilex-key=us-wi-regs-official--agency-el--EL 4.06}

After all voting activity has concluded within the observable location, candidates may be present and the prohibition of creating or transmitting photographs, videos, and audio recordings does not apply unless such action is disruptive or interferes with the administration of the election.

History

CR 24-032: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § EL 4.07 Communications media {#sec-el-4.07 omnilex-key=us-wi-regs-official--agency-el--EL 4.07}

(1) A communications media member shall identify him or herself and any organization the communications media member represents to the designated election official upon arriving at the observable location. At the discretion of the designated election official, a communications media member may place and use video and still cameras only outside of the voting area, provided the cameras are not used in a manner that allows the recording of any confidential information, including voted ballots, or that disrupts or interferes with voting or the orderly conduct of the election.

(2) The designated election official may limit the amount of time any communications media member may use video and still cameras. The designated election official shall uniformly apply any limitations, rules, and regulations imposed on communications media members.

(3) A communications media member may act as an observer, but when so doing is subject to the provisions of this chapter.

History

CR 24-032: cr. Register July 2025 No. 835, eff. 8-1-25.

Chapter EL 6 PROCEDURE

Wis. Admin. Code § EL 6.02 Registration statement sufficiency {#sec-el-6.02 omnilex-key=us-wi-regs-official--agency-el--EL 6.02}

(1) Any registration filed with a filing officer under chs. 8 and 9, Stats., which is insufficient as to essential form, information or attestations shall be rejected by such officer and shall be promptly returned if possible to the proposed registrant indicating the nature of the insufficiency. The filing officer shall inform the proposed registrant that the attempted registration is not effective.

(2) Any registration statement filed with a filing officer under chs. 8 and 9, Stats., which is insufficient or incomplete in some manner but substantially complies with law shall be accepted by such officer who shall then promptly notify the registrant indicating the nature of the incompletion or insufficiency. The registrant shall then have 15 days from the date of such notice to rectify the problem. If the incompletion or insufficiency is not rectified by the registrant within 15 days from the date of the notice, the registration lapses and is not effective. The filing officer shall inform the registrant that the registration has lapsed and is not effective.

History

Emerg. cr. 8-9-74; cr. Register, November, 1974, No. 227, eff. 12-1-74; corrections made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 17-043: am. Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § EL 6.04 Filing documents by facsimile or email process {#sec-el-6.04 omnilex-key=us-wi-regs-official--agency-el--EL 6.04}

(1) As used in this rule:

(a) “Document” means any form, statement, pleading or other writing which is required to be filed with the filing officer.

(am) “Email process” means the electronic transmission of a duplicate copy of a signed original document.

(b) “Facsimile process” means the electronic transmission of a duplicate copy of a signed original document.

(d) “Filing officer” means the elections commission or any other elections official with whom elections or campaign finance documents are required to be filed by chs. 5 to 12, Stats.

(2) Nomination papers, recall petitions, and other election related petitions under s. 8.40, Stats., may not be filed with the filing officer by facsimile process or email process. Nomination papers, recall petitions, and other election related petitions under s. 8.40, Stats., shall not be considered filed with the filing officer until the signed original of each nomination paper, recall petition, or other election related petition under s. 8.40, Stats., are received in the offices of the filing officer. Sworn complaints filed under ss. 5.05 (2m) and 5.06, Stats., and declarations of candidacy filed under ss. 8.10 (5) and 8.20 (8), Stats., may be filed with the filing officer by facsimile or email process.

(3) Except as provided in sub. (2), where the Wisconsin statutes or rules of the elections commission require that a document be filed no later than a date certain, that document shall be considered timely filed if both of the following occur:

(a) A duplicate copy of the document is received by the filing officer, in its offices, by facsimile process or by email process, no later than the day and hour at which the document is required to be filed.

(b) The signed original of the document is received at the offices of the filing officer with a postmark not later than the filing deadline; or the signed original is delivered to the filing officer not later than the filing deadline.

(4) Any document which is filed by facsimile process or by email process under this rule shall be considered received at the time of transmission as recorded and entered by the receiving equipment by the filing officer’s staff when the facsimile copy or email copy is delivered to the filing officer’s offices.

(5) If, for any reason, transmission of a document is not received at the filing officer’s offices, whether because of a failure in the receiving system of the filing officer or because of a failure in the transmitting system of the person attempting to file or for any other reason, a document shall not be considered received or filed until a facsimile copy or email copy is delivered to and received at the filing officer’s offices and the signed original is received at the filing officer’s offices with a postmark not later than the filing deadline.

(6) The burden of establishing that a document has been received by facsimile process or by email process at the offices of the filing officer shall be upon the person who, or the committee or group which, is required to file the document.

History

Cr. Register, January, 1992, No. 433, eff. 2-1-92; am. (1) (a), (2), (3) (a) and (b), (4) to (6), cr. (1) (d), Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) (d), (3) made under s. 13.92 (4) (b) 6., Stats., and correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 17-043: am. (title), cr. (1) (am), r. (1) (c), am. (2), (3) (intro.), (a), (4) to (6) Register December 2017 No. 744, eff. 1-1-18; correction in (2) made under s. 35.17, Stats., Register December 2017 No. 744.

Wis. Admin. Code § EL 6.05 Mandatory use of uniform instructions by municipal clerks {#sec-el-6.05 omnilex-key=us-wi-regs-official--agency-el--EL 6.05}

(1) Definitions. In this section:

(a) “Commission” means the Wisconsin elections commission.

(b) “Municipal clerk” means an individual who meets the definition of s. 5.02 (10), 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) 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) Exceptions.

(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.

(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.

(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.

(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

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.

Chapter EL 7 APPROVAL OF ELECTRONIC VOTING EQUIPMENT

Wis. Admin. Code § EL 7.01 Application for approval of electronic voting system {#sec-el-7.01 omnilex-key=us-wi-regs-official--agency-el--EL 7.01}

(1) An application for approval of an electronic voting system shall be accompanied by all of the following:

(a) A signed agreement that the vendor shall pay all costs, related to approval of the system, incurred by the elections commission, its designees and the vendor.

(b) Complete specifications for all hardware, firmware and software.

(d) Complete instruction materials necessary for the operation of the equipment and a description of training available to users and purchasers.

(e) Reports from an independent testing authority accredited by the national association of state election directors (NASED) demonstrating that the voting system conforms to all the standards recommended by the federal elections commission.

(f) A signed agreement requiring that the vendor shall immediately notify the elections commission of any modification to the voting system and requiring that the vendor will not offer, for use, sale or lease, any modified voting system, if the elections commission notifies the vendor that the modifications require that the system be approved again.

(g) A list showing all the states and municipalities in which the system has been approved for use and the length of time that the equipment has been in use in those jurisdictions.

(2) The commission shall determine if the application is complete and, if it is, shall so notify the vendor in writing. If it is not complete, the elections commission shall so notify the vendor and shall detail any insufficiencies.

(3) If the application is complete, the vendor shall prepare the voting system for three mock elections, using offices, referenda questions and candidates provided by the elections commission.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (a), (f), (2), (3) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 7.02 Agency testing of electronic voting system {#sec-el-7.02 omnilex-key=us-wi-regs-official--agency-el--EL 7.02}

(1) The elections commission shall conduct a test of a voting system, submitted for approval under s. EL 7.01, to ensure that it meets the criteria set out in s. 5.91, Stats. The test shall be conducted using a mock election for the partisan primary, a mock general election with both a presidential and gubernatorial vote, and a mock nonpartisan election combined with a presidential preference vote.

(2) The elections commission may use a panel of local election officials and electors to assist in its review of the voting system.

(3) The elections commission may require that the voting system be used in an actual election as a condition of approval.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) to (3) made under s. 13.92 (4) (b) 6., Stats., and correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 7.03 Continuing approval of electronic voting system {#sec-el-7.03 omnilex-key=us-wi-regs-official--agency-el--EL 7.03}

(1) The elections commission may revoke the approval of any existing electronic voting system if it does not comply with the provisions of this chapter. As a condition of maintaining the elections commission’s approval for the use of the voting system, the vendor shall inform the elections commission of all changes in the hardware, firmware and software and all jurisdictions using the voting system.

(2) The vendor shall, at its own expense, furnish, to an agent approved by the elections commission, for placement in escrow, a copy of the programs, documentation and source code used for any election in the state.

(3) The electronic voting system must be capable of transferring the data contained in the system to an electronic recording medium, pursuant to the provisions of s. 7.23, Stats.

(4) The vendor shall ensure that election results can be exported on election night into a statewide database developed by the elections commission.

(5) For good cause shown, the elections commission may exempt any electronic voting system from strict compliance with this chapter.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1), (4), (5) made under s. 13.92 (4) (b) 6., Stats. and corrections in (5) made under s. 13.92 (4) (b) 7., Stats., and s. 35.17, Stats., Register June 2016 No. 726.

Chapter EL 9 CHALLENGES AT A POLLING PLACE

Wis. Admin. Code § EL 9.01 Inspector making challenge {#sec-el-9.01 omnilex-key=us-wi-regs-official--agency-el--EL 9.01}

Any inspector may challenge for cause any person offering to vote whom the inspector knows or suspects is not a qualified elector. An inspector has cause to challenge a person as being unqualified to vote if the challenging inspector knows or suspects that any one of the following criteria apply to the person being challenged: 1) the person is not a citizen of the United States; 2) the person is not at least 18 years of age; 3) the person has not resided in the election district for at least 10 days; 4) the person has a felony conviction and has not been restored to civil rights; 5) the person has been adjudicated incompetent; 6) the person has voted previously in the same election. If a person is challenged as unqualified by an inspector, the following procedure shall be followed:

(1) One of the inspectors shall administer the following oath or affirmation of veracity to the person: “You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding your place of residence and qualifications as an elector of this election.”

(2) The inspector shall then ask only those of the following questions which are appropriate to test the person’s qualifications based on the cause for the challenge:

(a) Are you a United States citizen?

(b) Are you at least 18 years of age?

(c) For at least the 10 days before this election, have you resided in, or been a resident of, the ward or election district from which you seek to vote?

(d) Are you currently disqualified from voting for any of the following reasons:

A felony conviction for which you are still serving probation or are on parole or extended supervision?
A judge’s ruling that you are incapable of voting?
Having made a bet or wager on this election?
Having voted previously in this election?

(3) If the challenge is withdrawn by the inspector, the challenge procedure shall be halted, but a written record of the procedural steps taken, up to the withdrawal, shall be preserved in accordance with s. EL 9.05.

(4) If the challenge is not withdrawn by the inspector after the person offering to vote has answered the questions asked under sub. (2), one of the inspectors, before issuing the ballot, shall administer to the challenged elector the following oath or affirmation of eligibility: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 days have been a resident of this ward except under s. 6.02 (2), Stats.; you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election.”

(5) If the person challenged refuses to take the oath or affirmation of eligibility under sub. (4), the inspectors shall not issue a ballot to the person challenged.

(6) If the person challenged refuses to answer fully any relevant questions put to him or her by the inspector under sub. (2), or the answers to the questions given by the person indicate that the person does not meet the voting qualification requirements of ss. 6.02 and 6.03, Stats., the inspectors shall not issue a ballot to the person challenged.

(7) If the person challenged answers fully all relevant questions put to the elector by the inspector under sub. (2), takes the oath or affirmation of eligibility under sub. (4), fulfills the registration requirements, where applicable, and the answers to the questions given by the person indicate that the person meets the voting qualification requirements of ss. 6.02 and 6.03, Stats., the challenged elector shall be issued a ballot and the voting procedure under s. EL 9.03 shall be followed.

History

CR 02-071: cr. Register September 2002 No. 561 eff. 10-1-02; correction in (3), (7) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 9.02 Elector making challenge in person {#sec-el-9.02 omnilex-key=us-wi-regs-official--agency-el--EL 9.02}

Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. Any elector who abuses the right to challenge under s. 6.925, Stats., may be subject to sanctions available to inspectors under s. 7.41 (3), Stats. An elector has cause to challenge a person as being unqualified to vote if the challenging elector knows or suspects that any one of the following criteria apply to the person being challenged: 1) the person is not a citizen of the United States; 2) the person is not at least 18 years of age; 3) the person has not resided in the election district for at least 10 days; 4) the person has a felony conviction and has not been restored to civil rights; 5) the person has been adjudicated incompetent; 6) the person has voted previously in the same election. If a person is challenged as unqualified by an elector, the following procedure shall be followed:

(1) One of the inspectors shall administer the following oath or affirmation of veracity to the challenging elector: “You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding the challenged person’s place of residence and qualifications as an elector of this election.”

(2) The inspector shall ask the challenger if he or she is an elector and then ask only those of the following questions which are appropriate to determine the qualifications of the challenged elector:

(a) Why do you believe that the challenged elector is not a United States citizen?

(b) Why do you believe that the challenged elector is not at least 18 years of age?

(c) Why do you believe that the challenged elector has not, for at least the 10 days before this election, resided in, or been a resident of, the ward or election district from which he or she seeks to vote?

(d) For which of the following reasons, and why, do you believe the challenged elector is currently disqualified from voting:

A felony conviction for which the challenged elector is still serving probation or is on parole or extended supervision?
A judge’s ruling that he or she is incapable of voting?
Having made a bet or wager on this election?
Having voted previously in this election?

(3) One of the inspectors shall then administer the oath or affirmation of veracity to the challenged elector under sub. (1) and ask the challenged elector only the questions under s. EL 9.01 (2) which are appropriate to test the elector’s qualifications based on the cause for the challenge.

(4) One of the inspectors shall then ask the challenging elector if he or she withdraws the challenge. If the challenge is withdrawn by the challenging elector, the challenge procedure shall be halted, but a written record of the procedure up to the withdrawal shall be preserved in accordance with s. EL 9.05.

(5) If the challenge is not withdrawn after the person offering to vote has answered the questions under s. EL 9.01 (2), one of the inspectors, before issuing the ballot, shall administer to the challenged elector the following oath or affirmation of eligibility: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 days have been a resident of this ward except under s. 6.02 (2), Stats., you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election.”

(6) If the person challenged refuses to take the oath or affirmation of eligibility under sub. (5), the inspectors shall not issue a ballot to the person challenged.

(7) If the person challenged refuses to answer fully any relevant questions put to him or her by the inspector under sub. (2), or the answers to the questions given by the person indicate that the person does not meet the voting qualification requirements of ss. 6.02 and 6.03, Stats., the inspectors shall not issue a ballot to the person challenged.

(8) If the person challenged answers fully all relevant questions put to the elector by the inspector under s. EL 9.01 (2), takes the oath or affirmation of eligibility under sub. (5), fulfills the registration requirements, where applicable, and the answers to the questions given by the person indicate that the person meets the voting qualification requirements of ss. 6.02 and 6.03, Stats., the challenged elector shall be issued a ballot and the voting procedure under s. EL 9.03 shall be followed.

History

CR 02-071: cr. Register September 2002 No. 561 eff. 10-1-02; correction in (3) to (5), (8) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 9.03 Voting procedure for challenged electors {#sec-el-9.03 omnilex-key=us-wi-regs-official--agency-el--EL 9.03}

Whenever the inspectors under ss. 6.92 to 6.94, Stats., determine to receive the vote of a person who has been challenged, they shall give the elector a ballot. Before giving the elector the ballot, the inspectors shall write on the back of the ballot the serial number of the challenged person corresponding to the number kept at the election on the registration or poll list, or other list maintained under s. 6.79, Stats. If lever or direct record voting machines are used in the municipality where the person is voting, the person’s vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding serial number from the registration or poll list or other list maintained under s. 6.79, Stats., written on the back of the ballot before the ballot is deposited. The inspectors shall indicate on the voter list the reason for the challenge. The challenged ballots shall be counted under s. 5.85 or 7.51 (2) (c), Stats.

History

CR 02-071: cr. Register September 2002 No. 561 eff. 10-1-02.

Wis. Admin. Code § EL 9.04 Challenging the absent elector {#sec-el-9.04 omnilex-key=us-wi-regs-official--agency-el--EL 9.04}

The vote of any absent elector may be challenged for cause by an inspector or by an elector and the inspectors shall have all the power and authority given them under ss. EL 9.01 and 9.02 to hear and determine the legality of the ballot the same as if the ballot had been voted in person. One of the inspectors shall administer the following oath or affirmation of veracity to the elector challenging the absentee elector’s ballot: “You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding the challenged person’s place of residence and qualifications as an elector of this election”; and shall ask the challenger if he or she is an elector and then shall ask only those questions provided in s. EL 9.01 (2) which are appropriate to test the qualifications of the challenged elector.

History

CR 02-071: cr. Register September 2002 No. 561 eff. 10-1-02; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 9.05 Recording the challenge {#sec-el-9.05 omnilex-key=us-wi-regs-official--agency-el--EL 9.05}

The inspectors shall make a written record of all challenges at the polling place, whether or not a ballot is issued to the challenged elector. The written record shall contain the name and address of the challenger; the name, address and serial number of the challenged elector; the cause for the challenge; the questions asked of the elector and the elector’s responses to those questions. The written record also shall contain the questions asked of the challenger; the challenger’s responses to those questions and whether or not the challenge was withdrawn. The record shall note whether or not the challenged elector took the oath or affirmation of eligibility.

History

CR 02-071: cr. Register September 2002 No. 561 eff. 10-1-02.

Wis. Admin. Code § EL 9.06 Review by a board of canvassers {#sec-el-9.06 omnilex-key=us-wi-regs-official--agency-el--EL 9.06}

The municipal board of canvassers may decide any challenge when making its canvass under s. 7.53, Stats. If the returns are reported under s. 7.60, Stats., a challenge may be reviewed by the county board of canvassers. If the returns are reported under s. 7.70, Stats., a challenge may be reviewed by the chairperson of the board or the chairperson’s designee. The decision of any board of canvassers or of the chairperson or chairperson’s designee may be appealed under s. 9.01, Stats. The standard for disqualification specified in s. 6.325, Stats., shall be used to determine the validity of challenged ballots.

History

CR 02-071: cr. Register September 2002 No. 561 eff. 10-1-02.

Chapter EL 10 VOTER IDENTIFICATION

Wis. Admin. Code § EL 10.01 Definitions {#sec-el-10.01 omnilex-key=us-wi-regs-official--agency-el--EL 10.01}

In this chapter:

(1) “Student identification card” means a document or card that satisfies all of the following:

(a) Is unexpired.

(b) Contains the date of issuance.

(d) Contains the signature of the student to whom it is issued.

(e) Contains a photograph that reasonably resembles the student to whom it is issued.

(f) Contains an expiration date indicating that the card expires no later than 2 years after the date of issuance.

(g) Is issued to a student who establishes that the student is enrolled at the college that issued the card on the date that the card is presented.

(2) “Technical college” means a college that is a member of and governed by the Wisconsin technical college system.

History

EmR1515, emerg. cr. eff. 5-15-15; CR 15-047: cr. Register January 2016 No. 721 eff. 2-1-16; correction in (1) (intro.) made under s. 35.17, Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 10.02 Wisconsin technical college system student identification cards for voting {#sec-el-10.02 omnilex-key=us-wi-regs-official--agency-el--EL 10.02}

A student identification card issued by a technical college is an acceptable form of identification under s. 5.02 (6m) (f), Stats., and may be presented by an elector obtaining a ballot pursuant to ss. 6.15 (2) (bm) and (3), 6.18, 6.79 (2), 6.82, 6.86 (1) and (2), 6.87, 6.875 (6), and 6.97, Stats.

History

EmR1515, emerg. cr. eff. 5-15-15; CR 15-047: cr. Register January 2016 No. 721 eff. 2-1-16.

Chapter EL 11 TRAINING AND CERTIFICATION OF ELECTION INSPECTORS

Wis. Admin. Code § EL 11.01 Certification requirement {#sec-el-11.01 omnilex-key=us-wi-regs-official--agency-el--EL 11.01}

(1) At each polling place in each municipality in Wisconsin, there shall be a chief election inspector, under s. 7.30 (6) (b), Stats., who shall be certified by the elections commission pursuant to s. 7.31, Stats.

(2) Certification and maintenance of certification of chief election inspectors shall follow the standards set forth in this chapter.

(3) A record of each individual that has been certified by the elections commission as a chief election inspector for a municipality, under the standards established by this chapter, shall be maintained by the municipality’s clerk or board of election commissioners.

History

CR 05-093: cr. Register June 2007 No. 618, eff. 7-1-07; correction in (1), (3) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 11.02 Qualification {#sec-el-11.02 omnilex-key=us-wi-regs-official--agency-el--EL 11.02}

(1) Individuals who have been, or will be, appointed chief election inspector, pursuant to s. 7.30 (6) (b), Stats., shall be certified by the elections commission.

(2) Before they may be certified as a chief election inspector, applicants shall complete an initial training course conducted under the direction of the elections commission staff.

(3) Each chief election inspector’s certificate shall expire at the end of the term for which that inspector has been appointed unless the certificate has been renewed before expiration. A chief election inspector’s certificate may be revoked by the municipal clerk when the inspector is removed from office pursuant to the provisions of s. 7.30 (6) (c), Stats.

History

CR 05-093: cr. Register June 2007 No. 618, eff. 7-1-07; correction in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 11.03 Certification maintenance {#sec-el-11.03 omnilex-key=us-wi-regs-official--agency-el--EL 11.03}

(1) To maintain certification as a chief election inspector, an individual shall, during the individual’s term of office, attend at least 6 hours of training approved for certification by the elections commission’s director.

(2) Compliance with the approved training required by sub. (1) may consist of attendance at any combination of the following chief election inspector certification-training courses that have been approved by the elections commission’s director:

(a) An approved training course for chief election inspectors conducted under the direction of the elections commission’s staff.

(b) An approved training course for chief election inspectors conducted by the elections commission’s staff at a meeting of the Wisconsin County Clerks Association, Wisconsin Municipal Clerks Association, Wisconsin Towns Association or the League of Wisconsin Municipalities.

(c) An approved training course for chief election inspectors conducted by the elections commission’s staff through the University of Wisconsin Extension Local Government Center WISLINE Series.

(d) An approved training course for chief election inspectors conducted by a municipal clerk or municipal board of election commissioners pursuant to s. 7.15 (1) (e), Stats.

(e) An approved training course for chief election inspectors at a regional or national conference of a professional organization that serves election officials.

(f) Any other chief election inspector certification-training course that has been approved by the elections commission’s administrator.

(3) To maintain certification, an individual shall provide to the municipal clerk or municipal board of election commissioners satisfactory proof of completion of an approved certification-training course for chief election inspectors, listing a description of the approved training event, including the date and location of the approved training.

(4) If an individual demonstrates to the clerk or municipal board of election commissioners that he or she has met the maintenance of certification requirements of sub. (1), the clerk or board of election commissioners may renew the certification for the individual’s succeeding term.

History

CR 05-093: cr. Register June 2007 No. 618, eff. 7-1-07; correction in (2) (c), (f) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 11.04 Election day responsibilities {#sec-el-11.04 omnilex-key=us-wi-regs-official--agency-el--EL 11.04}

(1) On election day, the chief election inspector shall state on the inspectors’ statement, Form EL-104, that the chief election inspector holds a current certification.

(2) Immediately following each election, the municipal clerk or director of the municipal board of election commissioners shall deliver a copy of the inspectors’ statement, Form EL-104, pursuant to the provisions of s. 7.51, Stats.

(3) Immediately following each election, the municipal clerk or director of the municipal board of election commissioners shall review each inspectors’ statement to ensure compliance with sub. (1) and compliance with s. 7.51, Stats.

History

CR 05-093: cr. Register June 2007 No. 618, eff. 7-1-07; correction in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 11.05 Certification waiver {#sec-el-11.05 omnilex-key=us-wi-regs-official--agency-el--EL 11.05}

In the event of an emergency, after notice to, and approval by, the elections commission, the municipal clerk or director of a municipal board of election commissioners may use a non-certified chief inspector at a specified polling place, for that election only, if, because of the emergency, a certified chief election inspector is not available to serve that polling place.

History

CR 05-093: cr. Register June 2007 No. 618, eff. 7-1-07; correction made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Chapter EL 12 CERTIFICATION AND TRAINING OF MUNICIPAL CLERKS

Wis. Admin. Code § EL 12.01 Definitions {#sec-el-12.01 omnilex-key=us-wi-regs-official--agency-el--EL 12.01}

In this chapter:

(1) “Commission” means the elections commission.

(2) “Election cycle” begins on January 1 of an even-numbered year and continues through December 31 of the following odd-numbered year.

(3) “Municipal clerk” includes the executive director and deputy director of the Milwaukee City Board of Election Commissioners.

(4) “Municipal election official” means municipal clerk, deputy clerk or any municipal employee charged with duties related to the administration of elections.

(5) “Statewide Voter Registration System” is the election administration software application provided by the commission to enable local election officials to register voters, track absentee voting, and administer elections.

Note: Since 2016, the statewide voter registration system has been called WisVote.

History

CR 08-024: cr. Register November 2008 No. 635, eff. 12-1-08; correction in (1), (5) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726; CR 24-043: am. (2) Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § EL 12.02 Certification {#sec-el-12.02 omnilex-key=us-wi-regs-official--agency-el--EL 12.02}

(1) Only municipal clerks who meet the training standards established in this chapter shall be certified by the commission.

(2) Any other municipal election official who meets the standards established in this chapter may be certified by the commission.

(3) The standards for the initial and the renewal certifications of municipal clerks are those set forth in this chapter.

(4) The commission shall maintain a record of the municipal clerks who meet the training standards established by this chapter.

(5) To establish completion of certification requirements, a municipal clerk shall provide the commission with documentation of attendance at any approved training that has not been conducted by commission staff.

(6) The records concerning the training qualifications of municipal clerks are public records and shall be provided by the commission upon request.

(7) The commission shall notify the governing body of any municipality whose municipal clerk fails to meet the training standards set out in this chapter. The commission shall request each municipality to submit to the commission its official municipal mailing address and an e-mail address for its top elected official. Each municipality shall provide the requested information within 21 calendar days of the request and within 21 calendar days of any change to the information. For an initial certification, the commission shall notify the top elected official in each municipality of a training deficiency by first class mail and e-mail prior to an election day. For a renewal certification, the commission shall notify the top elected official in each municipality of a training deficiency by first class mail and e-mail within 30 days of an election cycle’s end.

History

CR 08-024: cr. Register November 2008 No. 635, eff. 12-1-08; correction in (1), (2), (4) to (7) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726; CR 24-043: am. (7) Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § EL 12.03 Initial certification and renewal of certification {#sec-el-12.03 omnilex-key=us-wi-regs-official--agency-el--EL 12.03}

(1) To qualify for initial certification, individuals shall attend or view a core curriculum training course conducted under the direction of the commission staff. Initial certification shall be completed by a municipal clerk prior to the first administration of an election by the municipal clerk. If a clerk submits a written request for a waiver under s. EL 12.05 regarding an initial certification and the administrator of the commission grants the request, the waiver shall be valid for only one election. The expiration date for initial certification shall coincide with the end of the election cycle during which the initial certification was obtained.

(2) After attending the initial training and obtaining certification, individuals seeking to maintain their training certification for the succeeding election cycle must attend, during the current election cycle, an additional 3 hours of training approved by the administrator of the commission. Attendance at the core curriculum class plus attendance at three additional hours of approved training (for a total of 6 hours of training during the initial term) will certify the attendee through the end of the succeeding election cycle. Any further renewal of certification will require attendance at 6 hours of additional approved training in the then-current cycle. Those 6 hours of training will apply to the following cycle.

(3) The commission shall conduct training opportunities in several locations throughout the state, and shall make training opportunities available on-line, and in video or audio format, to enable interested individuals to renew their certification.

(4) Each municipal clerk who attends a training course conducted under the direction of the commission’s staff shall register with the commission. Individuals may not carry over training hours to qualify for renewal of their certification in subsequent election cycles.

(5) The approved training may consist of attendance at any combination of the following training opportunities if that training opportunity covers all or part of the training content described in this chapter:

(a) A certification-training course for municipal clerks or chief election inspectors conducted under the direction of the commission staff.

(b) Training on the use of the Statewide Voter Registration System presented under the direction of the commission staff, including on-line training developed for the commission and made available to local election officials.

(c) A workshop conducted by the commission staff at a state or district meeting of the Wisconsin County Clerks Association, Wisconsin Municipal Clerks Association, Wisconsin Towns Association or League of Wisconsin Municipalities.

(d) An information presentation conducted by the commission staff and sponsored by the University of Wisconsin Extension Local Government Center.

(e) Training conducted by a municipal or county clerk for election inspectors, pursuant to ss. 7.10 (9), 7.15 (1) (e) and (11), Stats.

(f) Attendance at a state, regional or national conference, or a seminar of a professional organization, that serves election officials.

(6) The commission shall maintain a record of the approved training event, including the date and location of the approved training.

(7) When the individual has completed the renewal requirements, the individual’s certification shall be extended for the duration of the next election cycle.

History

CR 08-024: cr. Register November 2008 No. 635, eff. 12-1-08; correction in (1) to (4), (5) (a) to (d), (6) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726; CR 24-043: am. (1) Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § EL 12.04 Training content {#sec-el-12.04 omnilex-key=us-wi-regs-official--agency-el--EL 12.04}

(1) The content of the training curriculum shall be prescribed by the commission.

(2) The training curriculum shall include the following elements:

(a) A core curriculum session that provides an overview of the election–related duties of a municipal clerk.

(b) Instructions on the proper completion of election-related forms and notices, including a requirement that the information on election-related forms be legible.

(c) Review of the applicable statutory deadlines for publishing notices, submitting petitions and ballot access documents.

(d) Directions for the review and completion of election-related forms and petitions, including affixing the signature and certification required by law.

(e) Treatment of confidential voter information and proof of residence documents received from a voter.

(f) Review of the deadlines and procedures for delivering completed election-related documents to the board of canvassers.

(g) A description of the calendar of election events and critical election-related timelines.

(h) Duties of the municipal clerk with respect to candidates for municipal office.

(i) Requirements for ballot design and preparation, including write-in ballots for military and overseas electors.

(j) Duties of the municipal clerk with respect to voters, including absentee, military, overseas and confidential electors, and accessibility to the electoral process.

(k) Requirements for recruitment, appointment and training of election inspectors, special voting deputies, special registration deputies, and other election officials.

(L) Requirements for acquisition, testing, security and audit of voting equipment.

(m) Procedures for ensuring security of ballots and voting equipment, including chain of custody documentation, use of serialized, tamper-evident seals, and monitoring of security procedures.

(n) Requirements for establishing, equipping, supplying, securing, and preparing polling places for elections, including emergency preparedness.

(o) Election-day responsibilities of the municipal clerk.

(p) Post-election responsibilities of the municipal clerk, including conducting the municipal canvass, issuing certificates of election and conducting a recount.

(q) Requirements for recall and direct legislation.

(r) The consequences for failing to follow prescribed procedures.

(s) Any other information prescribed by the commission.

History

CR 08-024: cr. Register November 2008 No. 635, eff. 12-1-08; correction in (1) (intro.), (s) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 12.05 Certification waiver {#sec-el-12.05 omnilex-key=us-wi-regs-official--agency-el--EL 12.05}

(1) In the event of an emergency, the municipal clerk may make a written request to the commission for a waiver of the training requirement for a municipal clerk.

(2) The request shall be communicated to the administrator of the commission in an expeditious manner.

(3) The request shall describe the facts that establish the basis for the emergency request and the steps that have been taken by the municipal clerk to obtain the required training.

(4) The administrator of the commission may grant a waiver of the required training for one election cycle.

History

CR 08-024: cr. Register November 2008 No. 635, eff. 12-1-08; corrections made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Chapter EL 19 CERTIFICATION OF RESIDENCE FOR JUDICIAL CANDIDATES AND OFFICERS

Wis. Admin. Code § EL 19.01 Definitions {#sec-el-19.01 omnilex-key=us-wi-regs-official--agency-el--EL 19.01}

In this chapter:

(1) “Certification of residence” means a document authorized by s. 8.10 (8) (a), Stats., and applied for pursuant to this chapter.

(2) “Commission” means the Wisconsin elections commission.

(3) “Judicial candidate” means a candidate for filling the office of a judicial officer, as defined in s. 757.07 (1) (e), Stats.

(4) “Judicial officer” has the meaning given in s. 757.07 (1) (e), Stats.

(5) “Proof of residence” has the meaning given in s. 6.34 (3), Stats.

(6) “Residential address” means street name and number, apartment or unit number, municipality, state, and ZIP code that identifies the individual’s residence under s. 6.10, Stats. “Residential address” may also include a mailing address if the mailing address identifies the same residence.

(7) “WEC” means the Wisconsin elections commission.

History

CR 25-031: cr. Register December 2025 No. 840, eff. 1-1-26; correction in (6) made under s. 35.17, Stats., Register December 2025 No. 840.

Wis. Admin. Code § EL 19.02 Application {#sec-el-19.02 omnilex-key=us-wi-regs-official--agency-el--EL 19.02}

(1) In order to file a lawful certification of residence with the commission, a judicial officer or judicial candidate must complete a certification of residence form prescribed by the commission pursuant to this chapter. A request for protection of personal information made pursuant to s. 757.07 (4) (b)1., Stats., is not sufficient by itself to file a certification of residence pursuant to s. 8.10 (8) (a), Stats.

(2) A judicial officer or judicial candidate who wishes to be properly exempt from providing their residential address pursuant to s. 8.10 (8), Stats., must file a certification of residence before circulating or signing nomination papers or submitting a declaration of candidacy.

(3) A judicial officer or judicial candidate seeking to maintain a private address under s. 8.10 (8) (a), Stats., shall file the certification of residence form currently prescribed by the commission for that purpose. A sufficient form must contain all of the following:

(a) Full legal name of judicial officer or judicial candidate.

(b) Name that will appear on a judicial candidate’s declaration of candidacy and nomination papers.

(d) A judicial candidate must indicate the title; jurisdiction; branch or district; and date of election for the office sought.

(e) The address of the judicial officer or judicial candidate’s residence for voting purposes, which must include the street name and number, apartment/unit number, municipality, state, and ZIP code. In this paragraph, “residence” has the meaning given in s. 6.10 (1), Stats.

(f) Mailing address if different from the residential address.

(g) Email address.

(h) The following certification language: “I hereby certify that I am currently or formerly a judicial officer, or that I intend to be a candidate for filling the office of a judicial officer, as defined by Wis. Stat. § 757.07(1)(e). This form constitutes my written request to the Wisconsin Elections Commission to confidentially maintain my address unless I consent to disclosure under Wis. Stat. § 757.07(4)(e).

(i) A notarization or an unsworn declaration.

Note: The form referred to under this subsection can be obtained by contacting the commission at elections@wi.gov.

History

CR 25-031: cr. Register December 2025 No. 840, eff. 1-1-26; correction in (3) (e) made under ss. 13.92 (4) (b) 3. and 35.17, Stats., and renum. (4) to (3) (Note) under s. 13.92 (4) (b) 1. and correction made under s. 35.17, Stats., Register December 2025 No. 840.

Wis. Admin. Code § EL 19.03 Verification of address {#sec-el-19.03 omnilex-key=us-wi-regs-official--agency-el--EL 19.03}

(1) At the time of filing, a judicial officer or judicial candidate shall submit proof of residence, as defined by s. 6.34 (3), Stats., so that the commission can verify the judicial officer or judicial candidate’s residential address. The proof of residence document may be submitted electronically.

(2) The proof of residence submitted under sub. (1) is considered part of the certification of residence under this chapter and shall be kept confidential by the commission

History

CR 25-031: cr. Register December 2025 No. 840, eff. 1-1-26; correction in (2) made under s. 35.17, Stats., Register December 2025 No. 840.

Wis. Admin. Code § EL 19.04 Certification of residence, procedure {#sec-el-19.04 omnilex-key=us-wi-regs-official--agency-el--EL 19.04}

(1) Upon receipt of a certification of residence form under s. EL 19.02, the commission shall first examine it for sufficiency. If the application is insufficient or does not include acceptable proof of residence under s. 19.03, the commission should contact the judicial officer within 3 business days to notify them of the deficiency and provide instructions for how it can be corrected.

(2) If the application is sufficient, the commission shall then examine the provided proof of residence document to ensure that it meets the requirements of s. 6.34 (3) (a), Stats. If it does, the commission shall conclude that the judicial officer or judicial candidate’s residential address is verified.

(3) If both the certification of residence form and proof of residence are sufficient, the commission shall issue an acknowledgement of the filing of the certification of residence. If a sufficient certification of residence is received by the commission, the commission shall notify the judicial officer within 3 business days of the determination of whether the residence can be certified.

(4) The acknowledgement of the certification of residence shall be issued on commission letterhead and shall state substantially the following: “The Wisconsin Elections Commission has verified the residential address of (Name of Judicial Officer or judicial candidate) pursuant to Wis. Stat. § 8.10(8) and EL Chapter 19. (Name of Judicial Officer or judicial candidate) is exempt from providing his or her residential address on his or her own nomination papers and declarations of candidacy.” If the individual is judicial officer, the acknowledgement shall also state that the judicial officer is exempt from providing his or her residential address as a circulator or as signatory on the nomination papers of a nonpartisan candidate.

(5) Nothing in this section exempts a judicial candidate from a ballot access challenge, or guarantees placement on the ballot.

History

CR 25-031: cr. Register December 2025 No. 840, eff. 1-1-26; correction in (1), (3) made under s. 35.17, Stats., Register December 2025 No. 840.

Wis. Admin. Code § EL 19.05 Maintenance of certification of residence, procedure {#sec-el-19.05 omnilex-key=us-wi-regs-official--agency-el--EL 19.05}

(1) The commission shall create and confidentially maintain a database for sufficient certifications of residence.

(2) The commission shall record that the judicial officer or judicial candidate’s address was verified, the date of filing, along with the judicial officer or judicial candidate’s name.

History

CR 25-031: cr. Register December 2025 No. 840, eff. 1-1-26.

Wis. Admin. Code § EL 19.06 Procedure for nomination papers and declarations of candidacy {#sec-el-19.06 omnilex-key=us-wi-regs-official--agency-el--EL 19.06}

(1) A judicial officer who properly files a certification of residence and has been issued an acknowledgement by the commission may, in lieu of providing their residential address on nomination papers or a declaration of candidacy, include the words “Residence Certified with WEC.” If “Residence Certified with WEC” has been included at least once on an appropriate form for an individual with a certificate on file, subsequent spaces requiring residence information may use an abbreviated version.

(2) If a judicial officer or judicial candidate does not include the words in sub. (1), that omission shall not invalidate the nomination paper, signature, line, circulator statement, or declaration of candidacy if the commission or filing officer can determine that the judicial officer or judicial candidate properly filed a certification of residence.

(3) If the space for a mailing address on a nomination paper is left blank for a judicial candidate that has filed a certificate of residence with the commission, the filing officer shall conclude that the mailing address is the same as the residential address for voting purposes that has been certified. If the mailing address is different than the residential address for voting purposes but still identifies the same residence, the candidate may leave the space blank or write “Residence Certified with WEC” in that space. Candidates may include a mailing address that is separate from the residence, and, if included, that information shall not be confidential.

(4) If a judicial candidate indicates on the application that he or she intends to run as a candidate for an office for which the commission is not the filing officer, the commission shall provide the appropriate filing officer with the information provided on the certification of residence. The commission shall also provide the same information to the county clerks covering the applicable districts.

(5) Filing officers may also contact the commission directly to determine whether a certification of residence has been filed.

(6) A judicial officer or a judicial candidate to fill the office of a judicial officer may only place “Residence Certified with WEC” on a nomination paper or declaration of candidacy if the information on file is accurate. If the information is inaccurate, including residence address, office sought, or election date, the judicial officer or judicial candidate must resubmit the form with updated information to qualify for the provisions of this chapter.

(7) If a filing officer receives nomination papers or a declaration of candidacy containing “Residence Certified with WEC,” and the filing officer has reason to believe that the certified address is no longer the current address, a filing officer may request:

(a) That the judicial candidate or judicial officer confirm in writing that the address that was certified by the commission is still his or her residential address or,

(b) That the judicial candidate or judicial officer file updated certification of residence with the commission pursuant to s. EL 19.02

History

CR 25-031: cr. Register December 2025 No. 840, eff. 1-1-26; correction in (2) made under s. 35.17, Stats., Register December 2025 No. 840.

Chapter EL 20 COMPLAINT PROCEDURE

Wis. Admin. Code § EL 20.02 Definitions {#sec-el-20.02 omnilex-key=us-wi-regs-official--agency-el--EL 20.02}

As used in this chapter:

(1g) “Administrator” means a person duly appointed by the board or any employee of the agency to whom a lawful function has been delegated by the administrator to administer and manage the agency.

(1r) “Commission” means the elections commission.

(2) “Complainant” means an elector, a committee or a group filing a matter with the commission under this chapter.

(4) “Probable cause” means the facts and reasonable inferences that together are sufficient to justify a reasonable, prudent person, acting with caution, to believe that the matter asserted is probably true.

(5) “Respondent” means a person, committee, or a group whose decisions or actions may be brought before the commission on complaint for review under this chapter.

History

Cr. Register, January, 1994, No. 457, eff. 2-1-94; renum. (1), (2) to (1r), (1g) under s. 13.92 (4) (b) 1., Stats., and correction in (1g), (1r), (2), (5) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 20.03 Filing {#sec-el-20.03 omnilex-key=us-wi-regs-official--agency-el--EL 20.03}

(1) All complaints, answers and replies shall be in writing and shall be sworn to before a person authorized to administer oaths.

(2) The form of the complaint, answer or reply should, but is not required to, follow the format prescribed herein:

(3) The complaint shall specify the statutory basis for the complaint and shall set forth the facts which are alleged to establish probable cause. Information which may establish probable cause includes allegations that set forth which persons are involved; what those persons are alleged to have done; where the activity is believed to have occurred; when the activity is alleged to have occurred and who are the witnesses to the events. The complaint shall be signed by the complainant or by an individual acting as the complainant’s representative.

(4) The complaint shall state the name and last known post office address of the complainant and the respondent.

(5) The complainant, not the complainant’s representative, shall verify the allegations of the complaint. The complainant verifies the complaint by signing a statement under oath before a notary public or other person authorized to administer oaths. The verification statement, or a statement to the same effect, shall state as follows:

(6) The complainant shall mail to, or personally serve on, the respondent a copy of the complaint no later than the time of filing the complaint with the commission and shall certify to that service on the complaint or in a cover letter filed with the complaint. Each party shall mail to, or personally serve on, each other party any subsequent pleading before filing the pleading with the commission and shall certify to the service on the pleading or in a cover letter filed with the pleading.

History

Cr. Register, January, 1994, No. 457, eff. 2-1-94; correction in (6) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 20.04 Investigations {#sec-el-20.04 omnilex-key=us-wi-regs-official--agency-el--EL 20.04}

(1) Any matter brought to the commission shall be reviewed by the administrator who shall determine within 10 business days whether the complaint is timely, is sufficient as to form and states probable cause.

(2) If the complaint does not meet the standards under sub. (1), the administrator shall promptly return the complaint to the complainant, without prejudice unless otherwise provided by law, specifying both the defect in the complaint and the information appropriate to cure the defect. A copy of the administrator’s letter to the complainant shall be provided to the respondent.

(3) If the complaint meets the standards under sub. (1) as applied to complaints under s. 5.05, Stats., the administrator shall promptly forward the complaint to the respondent at the respondent’s last known post office address. The respondent shall file with the commission a verified, written answer within 10 business days. After receiving the answer, the administrator shall promptly forward the answer to the complainant at the complainant’s last known post office address. The complainant may file a written, verified reply to the answer within 10 business days.

(4) After receiving an answer that makes any counterclaim against the complainant, the administrator shall promptly forward the counterclaim to the complainant. The complainant shall file a written, verified answer to the counterclaim within 10 business days. After receiving the complainant’s answer, the administrator shall promptly forward the answer to the respondent for a written, verified reply to be filed within 10 business days.

(5) The administrator has the discretion to extend by not more than an additional 10 business days, the time for the complainant or respondent to file any responsive pleading. A business day is any day that the agency is open for business.

(6) If the complaint meets the standards under sub. (1), as applied to complaints under s. 5.06, Stats., the administrator shall proceed as the commission authorizes by duly adopted motion and, where no motion is in effect, the administrator shall proceed after consultation with the commission’s chair.

(7) A party that fails to obtain an extension of time to respond pursuant to sub. (2), or who fails to respond within 10 business days to a pleading mailed to the party’s last known post office address that is not returned to the commission, may be deemed to have admitted each allegation contained in the pleading, and to have accepted any other consequences for failing to respond to a pleading.

(8) The time period for filing an answer or reply begins 3 business days after the date of the transmittal letter from the administrator. An answer or reply will be treated as filed based on the postmark of the envelope transmitting the pleading.

(9) After all pleadings are filed under s. 5.05, Stats., the administrator shall analyze the pleadings, present them, with appropriate recommendations, to the commission at its next regularly scheduled meeting, or at the most immediate meeting thereafter at which the matter can be heard if the matter cannot be heard at the next regularly scheduled meeting, and forward a copy of the analysis and recommendations to the complainant and respondent within a reasonable time before the commission meeting at which the matter will be considered.

(10) After all pleadings are filed under s. 5.06, Stats., the administrator shall proceed as the commission authorizes by duly adopted motion or, where no motion is in effect, the administrator shall proceed after consultation with the commission’s chair. Where the commission has delegated to the administrator the authority to resolve complaints, the administrator shall issue an order making findings and resolving the complaint.

History

Cr. Register, January, 1994, No. 457, eff. 2-1-94; corrections in (3) and (9) made under s. 13.92 (4) (b) 7., Stats., Register April 2008 No. 628; correction in (1) to (10) made under s. 13.92 (4) (b) 6., Stats., and correction in (3), (6), (9), (10) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 20.05 commission meetings {#sec-el-20.05 omnilex-key=us-wi-regs-official--agency-el--EL 20.05}

(1) The commission shall review the analysis and recommendations of its administrator with respect to pleadings filed under s. 5.05, Stats., at its next regularly scheduled meeting.

(2) Any party may submit a written statement of facts approved by the administrator for consideration by the commission.

(3) Personal appearances, limited to 10 minutes per party plus additional time to respond to questions from commission members and staff, are permitted at each meeting of the commission. A complainant shall make the first presentation and the respondent shall make the second presentation. No rebuttal or extension of time will be allowed unless specifically provided by the commission.

(4) Parties may provide a written argument or brief in support of their positions. Such arguments or briefs are limited to 5 pages, single spaced on one side of a sheet of paper. Parties submitting written material to the commission must submit 12 copies to the administrator no later than 3 business days before the commission meeting at which the matter will be considered.

History

Cr. Register, January, 1994, No. 457, eff. 2-1-94; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register April 2008 No. 628; corrections in (1) to (4) made under s. 13.92 (4) (b) 6., Stats., and correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 20.06 Hearings {#sec-el-20.06 omnilex-key=us-wi-regs-official--agency-el--EL 20.06}

(1) Before issuing a final decision or order on the merits of a complaint filed with the commission under this chapter, the commission or its administrator shall conduct an evidentiary hearing, under ch. 227, Stats., if either of the following occurs:

(a) In the commission’s judgement, a hearing is necessary in the interest of justice and a material question of fact exists.

(b) A hearing is expressly required by statute.

(2) Before issuing a final decision or order on the merits of a complaint filed with the commission under this chapter, the commission or its administrator may conduct an evidentiary hearing, under ch. 227, Stats., when:

(a) The commission concludes that facts exist which have not been presented and which may tend to resolve the dispute.

(b) The commission, in its discretion, determines that an evidentiary hearing is appropriate.

(3) Except in the case of an emergency, the commission shall provide the parties with at least 10 days written notice of a hearing stating the date, the time, and the place of the hearing, the nature of the case, and a general statement of the issues to be heard. The parties may, with the consent of the commission, waive the right to notice. Continuances or postponements may be granted by the administrator only in the case of exceptional circumstances entirely beyond the control of the party requesting the continuance or postponement and only upon notice to the administrator given at least 3 days before the hearing.

(4) The commission, or the administrator, or a hearing examiner proceeding under ch. 227, Stats., may preside over the hearing. The commission may, by duly adopted motion of the commission or by an order issued before taking any testimony, direct that the administrator’s or the hearing examiner’s decision be final as to the merits of the matter. Subject to the provisions of this chapter, the administrator or hearing examiner shall have the powers specified in s. 227.46 (1), Stats.

(5) Based upon the law applicable to the type of proceeding the commission is required to conduct, the parties appearing at the hearing shall be afforded reasonable opportunity to be represented by counsel, to call witnesses, to present evidence, and to confront and cross examine adverse witnesses. The statutory and common law rules of evidence shall not be binding as to issues of admissibility. The administrator or hearing examiner may admit all testimony having reasonable probative value, but shall exclude irrelevant, immaterial or unduly repetitious testimony. No material finding of fact shall be made unless supported by competent evidence in the record.

(6) All testimony at the hearing shall be given under oath and shall be recorded by a stenographer or a recording machine, but need not be transcribed unless a party requests a transcript and pays any costs required to prepare a transcript.

(7) All decisions following a hearing shall be in writing and shall set forth, in relevant detail, the findings of fact and conclusions of law. A decision shall be served on the parties by mailing a copy to each party’s last known post office address.

History

Cr. Register, January, 1994, No. 457, eff. 2-1-94; correction in (1) (intro.), (2) to (5) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 20.07 Withdrawal and settlement {#sec-el-20.07 omnilex-key=us-wi-regs-official--agency-el--EL 20.07}

(1) At any time before the issuance of a final decision, a complainant may file with the commission a written request to withdraw his or her complaint, specifying the reasons for the request. Upon receiving such a request, the commission may, but is not required to, issue an order dismissing the matter with or without prejudice. If the commission decides not to dismiss the case, the commission may take any appropriate action, within its authority, that the commission determines will serve the public interest.

(2) The parties to proceedings under this chapter may not settle disputed matters by compromise and conciliation without the consent of the commission, except where the settlement is authorized by law. Upon receiving written notice that settlement has been proposed, the commission may, at its next regularly scheduled meeting, consider the proposal as the commission deems appropriate.

History

Cr. Register, January, 1994, No. 457, eff. 2-1-94; corrections made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 20.08 Diligent action; dismissals {#sec-el-20.08 omnilex-key=us-wi-regs-official--agency-el--EL 20.08}

(1) The commission shall proceed promptly and diligently to decide cases under this chapter.

(2) If a party fails to appear at a hearing, the commission, the administrator, or the hearing examiner may proceed with the hearing, provided that due notice of the hearing was mailed to the party’s last known post office address.

(3) A party may request the commission to reconsider its decision if a request for reconsideration is received by the commission within 30 days after the party receives written notice of the commission’s decision by filing a written request with supporting information showing that an obvious mistake of fact or law which materially affects the outcome of the decision has occurred; or showing newly discovered evidence that was not obtainable with due diligence during the course of the hearing.

(4) A party may request that commission consideration of a matter be postponed. The request shall be in writing and shall be served on the administrator and all other parties at least 3 business days before the date scheduled for commission consideration of the matter.

History

Cr. Register, January, 1994, No. 457, eff. 2-1-94; corrections made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 20.09 Temporary orders {#sec-el-20.09 omnilex-key=us-wi-regs-official--agency-el--EL 20.09}

The commission may issue a protective order or grant such protective relief as the commission determines is necessary to preserve the rights of any party to a matter subject to this chapter before issuing a final decision or order.

History

Cr. Register, January, 1994, No. 457, eff. 2-1-94; correction made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code § EL 20.10 Service {#sec-el-20.10 omnilex-key=us-wi-regs-official--agency-el--EL 20.10}

The administrator may accept service of any pleading on behalf of the commission including civil actions commenced against the commission.

History

Cr. Register, January, 1994, No. 457, eff. 2-1-94; correction made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.

Wis. Admin. Code EL — Elections Commission

Chapter EL 2 ELECTION RELATED PETITIONS

Wis. Admin. Code § EL 2.05 Treatment and validity of nomination papers {#sec-el-2.05 omnilex-key=us-wi-regs-official--agency-el--EL 2.05}

Wis. Admin. Code § EL 2.06 Treatment and sufficiency of declarations of candidacy {#sec-el-2.06 omnilex-key=us-wi-regs-official--agency-el--EL 2.06}

Wis. Admin. Code § EL 2.07 Challenges to nomination papers {#sec-el-2.07 omnilex-key=us-wi-regs-official--agency-el--EL 2.07}

Wis. Admin. Code § EL 2.08 Challenges to declarations of candidacy {#sec-el-2.08 omnilex-key=us-wi-regs-official--agency-el--EL 2.08}

Wis. Admin. Code § EL 2.09 Treatment and sufficiency of election petitions {#sec-el-2.09 omnilex-key=us-wi-regs-official--agency-el--EL 2.09}

Wis. Admin. Code § EL 2.11 Challenges to election petitions {#sec-el-2.11 omnilex-key=us-wi-regs-official--agency-el--EL 2.11}

Chapter EL 3 VOTER REGISTRATION

Wis. Admin. Code § EL 3.01 Voter registration {#sec-el-3.01 omnilex-key=us-wi-regs-official--agency-el--EL 3.01}

Wis. Admin. Code § EL 3.02 Content of the voter registration form {#sec-el-3.02 omnilex-key=us-wi-regs-official--agency-el--EL 3.02}

Wis. Admin. Code § EL 3.03 Treatment of voter registration applications {#sec-el-3.03 omnilex-key=us-wi-regs-official--agency-el--EL 3.03}

Wis. Admin. Code § EL 3.04 Requiring provision of certain information by election-day voter registration applicants {#sec-el-3.04 omnilex-key=us-wi-regs-official--agency-el--EL 3.04}

Wis. Admin. Code § EL 3.10 Special registration deputies {#sec-el-3.10 omnilex-key=us-wi-regs-official--agency-el--EL 3.10}

Wis. Admin. Code § EL 3.11 Special registration deputy application form {#sec-el-3.11 omnilex-key=us-wi-regs-official--agency-el--EL 3.11}

Wis. Admin. Code § EL 3.12 Special registration deputy training {#sec-el-3.12 omnilex-key=us-wi-regs-official--agency-el--EL 3.12}

Wis. Admin. Code § EL 3.13 Revocation of special registration deputy appointment {#sec-el-3.13 omnilex-key=us-wi-regs-official--agency-el--EL 3.13}

Wis. Admin. Code § EL 3.20 Voter registration drives {#sec-el-3.20 omnilex-key=us-wi-regs-official--agency-el--EL 3.20}

Wis. Admin. Code § EL 3.50 Charges for voter registration data {#sec-el-3.50 omnilex-key=us-wi-regs-official--agency-el--EL 3.50}

Chapter EL 4 ELECTION OBSERVERS

Wis. Admin. Code § EL 4.01 Right to vote {#sec-el-4.01 omnilex-key=us-wi-regs-official--agency-el--EL 4.01}

Wis. Admin. Code § EL 4.02 Definitions {#sec-el-4.02 omnilex-key=us-wi-regs-official--agency-el--EL 4.02}

Wis. Admin. Code § EL 4.03 Procedures for election officials {#sec-el-4.03 omnilex-key=us-wi-regs-official--agency-el--EL 4.03}

Wis. Admin. Code § EL 4.04 Conduct of observers {#sec-el-4.04 omnilex-key=us-wi-regs-official--agency-el--EL 4.04}

Wis. Admin. Code § EL 4.05 Location specific requirements {#sec-el-4.05 omnilex-key=us-wi-regs-official--agency-el--EL 4.05}

Wis. Admin. Code § EL 4.06 Post-observation practices {#sec-el-4.06 omnilex-key=us-wi-regs-official--agency-el--EL 4.06}

Wis. Admin. Code § EL 4.07 Communications media {#sec-el-4.07 omnilex-key=us-wi-regs-official--agency-el--EL 4.07}

Chapter EL 6 PROCEDURE

Wis. Admin. Code § EL 6.02 Registration statement sufficiency {#sec-el-6.02 omnilex-key=us-wi-regs-official--agency-el--EL 6.02}

Wis. Admin. Code § EL 6.04 Filing documents by facsimile or email process {#sec-el-6.04 omnilex-key=us-wi-regs-official--agency-el--EL 6.04}

Wis. Admin. Code § EL 6.05 Mandatory use of uniform instructions by municipal clerks {#sec-el-6.05 omnilex-key=us-wi-regs-official--agency-el--EL 6.05}

Chapter EL 7 APPROVAL OF ELECTRONIC VOTING EQUIPMENT

Wis. Admin. Code § EL 7.01 Application for approval of electronic voting system {#sec-el-7.01 omnilex-key=us-wi-regs-official--agency-el--EL 7.01}

Wis. Admin. Code § EL 7.02 Agency testing of electronic voting system {#sec-el-7.02 omnilex-key=us-wi-regs-official--agency-el--EL 7.02}

Wis. Admin. Code § EL 7.03 Continuing approval of electronic voting system {#sec-el-7.03 omnilex-key=us-wi-regs-official--agency-el--EL 7.03}

Chapter EL 9 CHALLENGES AT A POLLING PLACE

Wis. Admin. Code § EL 9.01 Inspector making challenge {#sec-el-9.01 omnilex-key=us-wi-regs-official--agency-el--EL 9.01}

Wis. Admin. Code § EL 9.02 Elector making challenge in person {#sec-el-9.02 omnilex-key=us-wi-regs-official--agency-el--EL 9.02}

Wis. Admin. Code § EL 9.03 Voting procedure for challenged electors {#sec-el-9.03 omnilex-key=us-wi-regs-official--agency-el--EL 9.03}

Wis. Admin. Code § EL 9.04 Challenging the absent elector {#sec-el-9.04 omnilex-key=us-wi-regs-official--agency-el--EL 9.04}

Wis. Admin. Code § EL 9.05 Recording the challenge {#sec-el-9.05 omnilex-key=us-wi-regs-official--agency-el--EL 9.05}

Wis. Admin. Code § EL 9.06 Review by a board of canvassers {#sec-el-9.06 omnilex-key=us-wi-regs-official--agency-el--EL 9.06}

Chapter EL 10 VOTER IDENTIFICATION

Wis. Admin. Code § EL 10.01 Definitions {#sec-el-10.01 omnilex-key=us-wi-regs-official--agency-el--EL 10.01}

Wis. Admin. Code § EL 10.02 Wisconsin technical college system student identification cards for voting {#sec-el-10.02 omnilex-key=us-wi-regs-official--agency-el--EL 10.02}

Chapter EL 11 TRAINING AND CERTIFICATION OF ELECTION INSPECTORS

Wis. Admin. Code § EL 11.01 Certification requirement {#sec-el-11.01 omnilex-key=us-wi-regs-official--agency-el--EL 11.01}

Wis. Admin. Code § EL 11.02 Qualification {#sec-el-11.02 omnilex-key=us-wi-regs-official--agency-el--EL 11.02}

Wis. Admin. Code § EL 11.03 Certification maintenance {#sec-el-11.03 omnilex-key=us-wi-regs-official--agency-el--EL 11.03}

Wis. Admin. Code § EL 11.04 Election day responsibilities {#sec-el-11.04 omnilex-key=us-wi-regs-official--agency-el--EL 11.04}

Wis. Admin. Code § EL 11.05 Certification waiver {#sec-el-11.05 omnilex-key=us-wi-regs-official--agency-el--EL 11.05}

Chapter EL 12 CERTIFICATION AND TRAINING OF MUNICIPAL CLERKS

Wis. Admin. Code § EL 12.01 Definitions {#sec-el-12.01 omnilex-key=us-wi-regs-official--agency-el--EL 12.01}

Wis. Admin. Code § EL 12.02 Certification {#sec-el-12.02 omnilex-key=us-wi-regs-official--agency-el--EL 12.02}

Wis. Admin. Code § EL 12.03 Initial certification and renewal of certification {#sec-el-12.03 omnilex-key=us-wi-regs-official--agency-el--EL 12.03}

Wis. Admin. Code § EL 12.04 Training content {#sec-el-12.04 omnilex-key=us-wi-regs-official--agency-el--EL 12.04}

Wis. Admin. Code § EL 12.05 Certification waiver {#sec-el-12.05 omnilex-key=us-wi-regs-official--agency-el--EL 12.05}

Chapter EL 19 CERTIFICATION OF RESIDENCE FOR JUDICIAL CANDIDATES AND OFFICERS

Wis. Admin. Code § EL 19.01 Definitions {#sec-el-19.01 omnilex-key=us-wi-regs-official--agency-el--EL 19.01}

Wis. Admin. Code § EL 19.02 Application {#sec-el-19.02 omnilex-key=us-wi-regs-official--agency-el--EL 19.02}

Wis. Admin. Code § EL 19.03 Verification of address {#sec-el-19.03 omnilex-key=us-wi-regs-official--agency-el--EL 19.03}

Wis. Admin. Code § EL 19.04 Certification of residence, procedure {#sec-el-19.04 omnilex-key=us-wi-regs-official--agency-el--EL 19.04}

Wis. Admin. Code § EL 19.05 Maintenance of certification of residence, procedure {#sec-el-19.05 omnilex-key=us-wi-regs-official--agency-el--EL 19.05}

Wis. Admin. Code § EL 19.06 Procedure for nomination papers and declarations of candidacy {#sec-el-19.06 omnilex-key=us-wi-regs-official--agency-el--EL 19.06}

Chapter EL 20 COMPLAINT PROCEDURE

Wis. Admin. Code § EL 20.02 Definitions {#sec-el-20.02 omnilex-key=us-wi-regs-official--agency-el--EL 20.02}

Wis. Admin. Code § EL 20.03 Filing {#sec-el-20.03 omnilex-key=us-wi-regs-official--agency-el--EL 20.03}

Wis. Admin. Code § EL 20.04 Investigations {#sec-el-20.04 omnilex-key=us-wi-regs-official--agency-el--EL 20.04}

Wis. Admin. Code § EL 20.05 commission meetings {#sec-el-20.05 omnilex-key=us-wi-regs-official--agency-el--EL 20.05}

Wis. Admin. Code § EL 20.06 Hearings {#sec-el-20.06 omnilex-key=us-wi-regs-official--agency-el--EL 20.06}

Wis. Admin. Code § EL 20.07 Withdrawal and settlement {#sec-el-20.07 omnilex-key=us-wi-regs-official--agency-el--EL 20.07}

Wis. Admin. Code § EL 20.08 Diligent action; dismissals {#sec-el-20.08 omnilex-key=us-wi-regs-official--agency-el--EL 20.08}

Wis. Admin. Code § EL 20.09 Temporary orders {#sec-el-20.09 omnilex-key=us-wi-regs-official--agency-el--EL 20.09}

Wis. Admin. Code § EL 20.10 Service {#sec-el-20.10 omnilex-key=us-wi-regs-official--agency-el--EL 20.10}

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