Register June 2016 No. 726
Chapter EL 20
COMPLAINT PROCEDURE
EL 20.05 commission meetings.
EL 20.07 Withdrawal and settlement.
EL 20.08 Diligent action; dismissals.
EL 20.09 Temporary orders.
Ch. EL 20 Note
Note: Chapter
EL 20 has been superseded by s.
5.05 (2m), Wis. Stat., and is no longer effective, except for complaints alleging a violation of election laws by a local election official under s.
5.06, Wis. Stat.
Ch. EL 20 Note
Note: Chapter ElBd 10 was renumbered chapter GAB 20 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 2., 6. and 12., Stats.,
Register April 2008 No. 628.
Chapter GAB 20 was renumbered Chapter EL 20 under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726. EL 20.02
EL 20.02 Definitions. As used in this chapter:
EL 20.02(1g)
(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.
EL 20.02(1r)
(1r) “Commission" means the elections commission.
EL 20.02(2)
(2) “Complainant" means an elector, a committee or a group filing a matter with the commission under this chapter.
EL 20.02(4)
(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.
EL 20.02(5)
(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.
EL 20.02 History
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. EL 20.03(1)
(1) All complaints, answers and replies shall be in writing and shall be sworn to before a person authorized to administer oaths.
EL 20.03(2)
(2) The form of the complaint, answer or reply should, but is not required to, follow the format prescribed herein:
State of Wisconsin
Before the Elections Commission
The Complaint of
, Complainant
against COMPLAINT
, Respondent 1
This complaint is under ___________ (Insert the applicable section(s) of law in chs.
5 to
10 and
12, Stats., if known)
2
I (Insert the complainant's name), allege that (Set forth in detail the facts that establish probable cause to believe
that a violation occurred. Use as many separate pages as needed.)
Date:
(complainant's signature)
I (complainant's name), being first duly sworn on oath state that I personally read the above complaint,
and that the above allegations are true based on my personal knowledge and, as to those stated on information and belief, I believe them to be true.
(complainant's signature)
STATE OF WISCONSIN )
) ss.
County of ),
(county of notarization)
Sworn to before me this day of , 2
(Signature of person authorized to administer oaths)
My commission expires , or is permanent
Notary Public or (official title if not notary)
____________________________________________________________________________________________________
1 Substitute complaint, answer or reply, as the case may be, and make the appropriate changes throughout the document.
2 A statutory basis is not required for an answer or reply.
EL 20.03(3)
(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.
EL 20.03(4)
(4) The complaint shall state the name and last known post office address of the complainant and the respondent.
EL 20.03(5)
(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:
“I, (complainant's name), being first duly sworn upon oath, state that I personally read the above complaint and that the above allegations are true and correct based on my personal knowledge and, as to those allegations stated on information and belief, I believe them to be true."
The verification shall be placed at the bottom of the complaint.
EL 20.03(6)
(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.
EL 20.03 History
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. EL 20.04(1)
(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.
EL 20.04(2)
(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.
EL 20.04(3)
(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.
EL 20.04(4)
(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.
EL 20.04(5)
(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.
EL 20.04(6)
(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.
EL 20.04(7)
(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.
EL 20.04(8)
(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.
EL 20.04(9)
(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.
EL 20.04(10)
(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.
EL 20.04 History
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. EL 20.05(1)
(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.
EL 20.05(2)
(2) Any party may submit a written statement of facts approved by the administrator for consideration by the commission.
