There are no existing or proposed federal statutes or regulations that address challenge procedures for nomination papers filed in Wisconsin.
7. Summary of Comments Received During Preliminary Comment Period and at Public Hearing on Statement of Scope
No members of the public attended the November 9, 2023, public meeting to offer comments on the statement of scope for the proposed rule. The Commission received a variety of written comments from the public regarding the scope statements for the challenge procedures for nomination papers. All of the comments received for the nomination paper statements of scope address subjective grounds for those types of challenges that are outside the scope statements, such as character. Subjective criteria such as “character” is not within the proposed rulemaking scope of any of the scope statements. No comments offered any suggested changes. The Commission reviewed the written comments and voted to approve the scope statement as written on December 19, 2023.
8. Comparison with Similar Rules in Illinois, Iowa, Michigan, and Minnesota
Illinois law is very similar to the expanded procedures that would be effectuated by the proposed administrative rule. Illinois law requires candidates to file “Statements of Candidacy” and “Nominating Sheets” of signatures. Individuals may file “petition objection cases” to challenge the sufficiency of nominating sheets. Objection petitions must include an original and two copies, and are filed with the State Board of Elections, the election authority, or local election official with whom the nomination petition was filed. Once the objection is received, the filing officer transmits it no later than noon on the second business day to the chair of the proper electoral board and to the candidate who filed the nominating sheets. Within 24 hours of the receipt of the objecting petition, the appropriate electoral board notifies the objector and the candidate the day, hour and place at which the electoral board will hear the objection. The appropriate electoral board must meet not less than three nor more than five days after receipt of the objecting petition. At the first day of the meeting, the electoral board adopts rules and procedures for the introduction of evidence and the presentation of arguments and may, in its discretion, provide for the filing of briefs by the parties to the objection or by other interested persons. Within five days of the electoral board’s decision, the candidate or objector aggrieved may petition for judicial review in the appropriate circuit court. The circuit court will then hear and decide the judicial review petition within 30 days.
Iowa law is very similar to current Wisconsin practices under the existing administrative rules. Iowa law requires candidates to file an “Affidavit of Candidacy” and “Nomination Petitions” with the appropriate filing officer. Nomination papers are inspected for completeness before they are accepted for filing. Iowa law permits challenges, called “objections,” to both nomination papers and affidavits of candidacy. Objections must be made in writing, and can be brought by anyone who would have a right to vote for the candidate for office. Objections are filed with the officer with whom the nomination papers are filed. When an objection is filed, notice is mailed within 72 hours to the candidate. Objections filed with the state commissioner are decided by the State Objections Panel, comprised of the Secretary of State, State Auditor, and Attorney General. Objections filed with the county commissioner are considered by three county officers. Objections filed with the city clerk are considered by the mayor, clerk, and one city council member. Objections relating to incorrect or incomplete information shall be sustained.
Michigan law has a few different procedures for nomination paper review, but their challenge process is substantively similar to Wisconsin’s current practice. Michigan law requires candidates to file “Nomination Petitions” and an “Affidavit of Candidacy.” Michigan law permits candidates for its Legislature to pay a filing fee in lieu of filing nomination papers; those candidates cannot be challenged for insufficient signatures. Michigan utilizes a petition sampling procedure to evaluate the validity of ballot signatures. Board of Elections staff utilize a single-step random sampling process using specially designed software. Once generated, the sample list is distributed for challenges. BOE staff review the sample signatures twice for sufficiency, and again if they are challenged. Challenges may be filed up to seven days following the filing deadline. The challenge must specify each signature being challenged and why. To challenge anything other than specific signatures, a full written description of what is being challenged must be submitted. Challenges are filed with the appropriate filing officer. The Board or county clerk is responsible for resolving any challenges and certifying qualified candidates the ballot.
Minnesota ballot access law and procedure are very different from Wisconsin for both the current rules and proposed rules. Minnesota requires candidates to submit an “Affidavit of Candidacy,” and most major party candidates choose to pay a filing fee to the appropriate filing officer in lieu filing “Nomination Petitions.” For the minority of candidates who do file nomination papers, Minnesota filing officers examine nomination petitions for sufficiency and substantial compliance. There are different verifying procedures for major party and minor party candidates. Instead of an administrative challenge or process, Minnesota allows individuals to file a petition for the correction of errors, omissions, or wrongful acts for ballot access. The petition is filed in court, which then immediately sets a hearing on the matter. The court then issues its findings and a final order.
9. Summary of Factual Data and Analytical Methodologies
Commission staff did not perform empirical analysis for this rule, but the rule was proposed as a result of feedback provided by candidates, their representatives, and the public. Commission staff informally collected anecdotal evidence, which highlighted a concern that current ballot access procedures were vague and insufficient to address procedural issues in recent years.
10. Analysis and Supporting Documents used to Determine Effect on Small Business
There is no anticipated effect on small business. A full economic impact analysis is not required for an emergency rule pursuant to Wis. Stat. § 227.24(1)(e)2., but staff did prepare the required fiscal estimate. No specific analysis was performed for the fiscal estimate, nor were any supporting documents generated, because there is no anticipated effect on any fiscal liabilities and revenue, and no anticipated costs to be incurred by the private sector. 11. Agency Contact Person:
Angela O’Brien Sharpe, Staff Attorney
Wisconsin Elections Commission
201 West Washington Avenue
P.O. Box 7984
Madison, WI 53707-7984
Telephone: 608-264-6764
_Hlk20467641912. Place where comments are to be submitted and deadline for submission. Comments could be submitted to angela.obrien@wisconsin.gov. The deadline for comments concerning the Economic Impact Statement was June 24, 2024. Comments on the rule text are due by 4:30 p.m. on September 17, 2025. RULE TEXT
SECTION 1. Sections EL 2.05 and EL 2.07 are repealed and recreated to read:
EL 2.05 Treatment and Sufficiency of Nomination Papers
(1) Definitions. In this section:
(a) “Address” means the street and number, if any, and municipality for voting purposes, all of which must be accurate. Neither apartment number nor state and ZIP Code is required.
(b) “Affidavit” means a document sworn to before a person authorized to administer oaths, or a document declared pursuant to s. 887.15, Stats. (c) “Certification” means a sworn statement, or declaration pursuant to s. 887.015, under applicable Wisconsin law confirming that the circulator met and complied with all requirements under s. 8.15(4)(a) Stats. (d) “Calendar Day” includes every day of a given time period, including Saturdays, Sundays, and legal holidays.
(e) “Clear, satisfactory, and convincing evidence” is defined as in Wis JI-Civil 205 to mean 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. If Wis JI-Civil 205 is amended, the definition in this paragraph shall be interpreted to be consistent with that amendment. Clear, satisfactory, and convincing evidence cannot be shown by bare assertions unsupported by a sworn affidavit or declaration.
(f) “Correcting Affidavit” as used in this rule shall include declarations 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. 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; name of jurisdiction or district in which candidate seeks office. If the race is for a 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. (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. Nomination Papers must meet the requirements set forth in ss. 8.10 and 8.15, Stats., and the administrative code. (n) “Printed Name” means a handwritten name that is sufficiently 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. (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. 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 the election.
_Hlk165541332(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 must have taken possession of the original nomination papers. No other format is acceptable.
(c) Numbering pages. Each of the nomination papers should be numbered, before they are filed, and the numbers should 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) Sufficiency of Nomination Papers, General
