Chapter EL 4
ELECTION OBSERVERS
EL 4.03 Procedures for election officials. EL 4.04 Conduct of observers. EL 4.05 Location specific requirements. EL 4.06 Post-observation practices. EL 4.07 Communications media. EL 4.01EL 4.01 Right to vote. 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. EL 4.01 HistoryHistory: CR 24-032: cr. Register July 2025 No. 835, eff. 8-1-25. EL 4.02EL 4.02 Definitions. In this chapter: EL 4.02(1)(1) “Chief inspector” means the chief inspector at a polling place, appointed pursuant to s. 7.30 (6) (b), Stats. EL 4.02(3)(3) “Commission” means the Wisconsin elections commission. EL 4.02(4)(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. EL 4.02(5)(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. EL 4.02(6)(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. EL 4.02(8)(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. EL 4.02(9)(9) “Inspector” or “election inspector” means an individual appointed pursuant to s. 7.30, Stats., to conduct an election. EL 4.02(10)(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. EL 4.02(11)(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. EL 4.02(12)(12) “Observe” means to see or hear and does not include physically handling election related materials or materials provided by the voter. EL 4.02(13)(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. EL 4.02(14)(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. EL 4.02(15)(15) “Posting and distribution of election-related material” has the meaning given in s. 12.035, Stats. EL 4.02(16)(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. EL 4.02(17)(17) “Representing the same organization” means individuals who were deployed, assigned, or who identify as representing the same organization. EL 4.02(18)(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. EL 4.02 HistoryHistory: 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. EL 4.03EL 4.03 Procedures for election officials. EL 4.03(1)(1) The designated election official shall do all of the following: EL 4.03(1)(a)(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. EL 4.03(1)(b)(b) Ensure that an observation area is not less than 3 feet nor more than 8 feet from any of the following: EL 4.03(1)(b)1.1. 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. EL 4.03(1)(b)3.3. Each table at which election inspectors remake any ballots. EL 4.03(1)(c)(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. EL 4.03(2)(a)(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. EL 4.03(2)(b)(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: EL 4.03(2)(b)1.1. To whom at the observable location the observer may direct questions during the day. EL 4.03(2)(b)2.2. How the observer may move between observation areas throughout the day. EL 4.03(2)(b)3.3. The location where a ballot may be remade, if applicable. EL 4.03(2)(c)(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. EL 4.03(2)(d)(d) The designated election official shall return an observer log to the municipal clerk after the election activities at an observable location have concluded. EL 4.03(3)(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. EL 4.03(4)(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. EL 4.03(5)(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. EL 4.03(6)(6) An election official shall repeat, once and then at the election official’s discretion, a name or address upon request. EL 4.03(7)(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. EL 4.03(8)(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. EL 4.03(9)(9) No election official may permit an observer to handle an original version of any official election document. EL 4.03(10)(10) No election official may permit an observer to observe any confidential information. EL 4.03(11)(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: EL 4.03(11)(a)(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. EL 4.03(11)(b)(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. EL 4.03(11)(c)(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. EL 4.03(11)(d)(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. EL 4.03 HistoryHistory: 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. EL 4.04EL 4.04 Conduct of observers. EL 4.04(1)(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. EL 4.04(2)(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).
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