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. 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
RULE TEXT
EL 2.05 Treatment and Sufficiency of Nomination Papers
2.05(1) Definitions
2.05(1)(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.
2.05(1)(b) “Affidavit” means a document sworn to before a person authorized to administer oaths, or a document declared pursuant to s. 887.15, Stats. 2.05(1)(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. 2.05(1)(d) “Calendar Day” includes every day of a given time period, including Saturdays, Sundays, and legal holidays.
2.05(1)(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.
2.05(1)(f) “Correcting Affidavit” as used in this rule shall include declarations pursuant to s. 887.015, Stats. 2.05(1)(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. 2.05(1)(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.
2.05(1)(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.
2.05(1)(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. 2.05 (1)(k) “Local Filing Officer” means a filing officer other than the Wisconsin Elections Commission.
2.05(1)(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. 2.05(1)(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. 2.05(1)(n) “Printed Name” means a handwritten name that is sufficiently legible, such that the signer’s name can be discerned by the filing officer.
2.05(1)(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. 2.05(1)(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.
2.05(1)(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.
2.05(1)(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.
2.05(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. 2.05(3) Filing Nomination Papers
2.05(3)(a) 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.
2.05(3)(b) 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.
2.05(3)(c) 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.
2.05(4) Sufficiency of Nomination Papers, General
2.05(4)(a) The filing officer shall review all nomination papers filed with it, 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. Nothing in this provision shall constitute a defense against a challenge to the sufficiency 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. 2.05(4)(b) Any facially sufficient information which appears on a nomination paper is entitled to a presumption of validity.
2.05(4)(c) Correcting Affidavits
2.05(4)(c)1. Notwithstanding any other provision of this chapter, errors or omissions in information contained in a nomination paper, committed by either a signer or a circulator, may be corrected by an affidavit of the 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.
2.05(4)(c)2. Any correcting affidavit shall be filed with the filing officer not later than 5 p.m. central time on the third 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 must be submitted via facsimile transmission or electronic mail directly to the filing officer.
2.05(4)(c)3. 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.
2.05(4)(c)4. The filing officer shall determine whether any correcting affidavit resolves the identified error or omission.
2.05(4)(c)5. Correcting affidavits may not provide new or additional signatures or signature pages in addition to what was originally submitted to the filing official.
2.05(4)(d) 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.
2.05(4)(e) After a nomination paper has been signed, but before it has been filed, a signature may be removed by the signer or the 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.
2.05(5) Sufficiency of Nomination Papers, Signature Lines
