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). EL 4.04(3)(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. EL 4.04(4)(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. EL 4.04(5)(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. EL 4.04(6)(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. EL 4.04(7)(7) No observer may create or transmit photographs, videos, or audio recordings of any observable location except as expressly permitted by this chapter. EL 4.04(8)(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. EL 4.04(9)(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. EL 4.04(10)(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. EL 4.04(11)(11) No observer may engage in any conversation concerning a candidate, party, or question appearing on the ballot. EL 4.04(12)(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. EL 4.04(13)(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. EL 4.04(14)(14) An observer may communicate with the designated election official and any other election officials at the discretion of the designated election official. EL 4.04(15)(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. EL 4.04 HistoryHistory: 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. EL 4.05EL 4.05 Location specific requirements. EL 4.05(1)(a)(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. EL 4.05(1)(b)(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. EL 4.05(2)(2) Municipal clerk office or alternate site. EL 4.05(2)(a)(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. EL 4.05(2)(b)(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). EL 4.05(3)(3) Board of Absentee ballot canvassers. EL 4.05(3)(a)(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. EL 4.05(3)(b)(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. EL 4.05(4)(4) Absentee voting in residential care facilities and retirement homes. EL 4.05(4)(a)(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. EL 4.05(4)(b)(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. EL 4.05(4)(c)(c) An observer shall comply with any requirements imposed on visitors by a facility served by special voting deputies. EL 4.05(4)(d)(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. EL 4.05(4)(e)(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. EL 4.05(5)(a)(a) The designated election official shall permit an observer to observe during all hours when a recount is occurring. EL 4.05(5)(b)(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. EL 4.05(5)(c)(c) The designated election official shall establish at least one area in which observers may observe the proceedings. EL 4.05(5)(d)(d) An observer may create or transmit photographs, videos, or audio recordings of the observable location. EL 4.05(6)(a)(a) The designated election official shall permit an observer to observe all counting of ballots occurring at a central counting location. EL 4.05(6)(b)(b) An observer may create or transmit photographs, videos, or audio recordings of the observable location. EL 4.05 HistoryHistory: CR 24-032: cr. Register July 2025 No. 835, eff. 8-1-25. EL 4.06EL 4.06 Post-observation practices. 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. EL 4.06 HistoryHistory: CR 24-032: cr. Register July 2025 No. 835, eff. 8-1-25. EL 4.07EL 4.07 Communications media. EL 4.07(1)(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. EL 4.07(2)(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. EL 4.07(3)(3) A communications media member may act as an observer, but when so doing is subject to the provisions of this chapter. EL 4.07 HistoryHistory: CR 24-032: cr. Register July 2025 No. 835, eff. 8-1-25.
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