Chapter EL 2
ELECTION RELATED PETITIONS
EL 2.05 Treatment and validity of nomination papers. EL 2.06 Treatment and sufficiency of declarations of candidacy. EL 2.07 Challenges to nomination papers. EL 2.08 Challenges to declarations of candidacy. EL 2.09 Treatment and sufficiency of election petitions. EL 2.11 Challenges to election petitions.
Ch. EL 2 NoteNote: Chapter ElBd 2 was renumbered chapter GAB 2 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 2. and 7., Stats., Register April 2008 No. 628. Chapter GAB 2 was renumbered Chapter EL 2 under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726. EL 2.05EL 2.05 Treatment and validity of nomination papers. EL 2.05(1)(a)(a) “Address” means the street and number, if any, and municipality for voting purposes, all of which shall be accurate. EL 2.05(1)(b)(b) “Affidavit” means a document sworn to before a person authorized to administer oaths, or a document declared pursuant to s. 887.15, Stats. EL 2.05(1)(c)(c) “Calendar day” includes every day of a given time period, including Saturdays, Sundays, and legal holidays. EL 2.05(1)(d)(d) “Certification” means a sworn statement, or declaration pursuant to s. 887.015, Stats., under applicable Wisconsin law confirming that the qualified circulator met and complied with all requirements under s. 8.15 (4) (a), Stats. EL 2.05(1)(e)(e) “Clear, satisfactory, and convincing evidence” means 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. Clear, satisfactory, and convincing evidence cannot be shown by bare assertions unsupported by a sworn affidavit or declaration. EL 2.05(1)(g)(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. EL 2.05(1)(h)(h) “Facially sufficient” means that the information provided is substantially compliant with proper format and does not bear any indicia of facial invalidity. In this paragraph, indicia of facial invalidity means that at least one element of required information is missing, illegible, or obviously incorrect. EL 2.05(1)(i)(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. EL 2.05(1)(j)(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; and name of jurisdiction or district in which candidate seeks office. EL 2.05(1)(k)(k) “Local filing officer” means a filing officer other than the Wisconsin elections commission. EL 2.05(1)(L)(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. EL 2.05(1)(m)(m) “Nomination paper” means a petition to collect eligible signatures from persons who wish to nominate a candidate for an upcoming election. EL 2.05(1)(n)(n) “Printed name” means a handwritten name that is legible, such that the signer’s name can be discerned by the filing officer. EL 2.05(1)(o)(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. EL 2.05(1)(p)(p) “Signature” means a tangible symbol made by a signer or their designee as authorized by sub. (6) (b), that evidences the signing of a nomination paper. EL 2.05(1)(q)(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. EL 2.05(1)(r)(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. EL 2.05(1)(s)(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. EL 2.05(2)(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. EL 2.05(3)(a)(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. EL 2.05(3)(b)(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 shall have taken possession of the original nomination papers. No other format is acceptable. EL 2.05(3)(c)(c) Numbering pages. Each of the nomination papers shall be numbered, before they are filed, and the numbers shall 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. EL 2.05(4)(4) Validity of nomination papers, general. EL 2.05(4)(a)1.1. ‘Review of papers for facial sufficiency.’ The filing officer shall review all nomination papers filed with him or her, 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. EL 2.05(4)(a)2.2. ‘Facial review not binding.’ Nothing in subd. 1. shall constitute a defense against a challenge to the validity 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. EL 2.05(4)(b)(b) Presumption of validity. Any facially sufficient information which appears on a nomination paper is entitled to a presumption of validity. EL 2.05(4)(c)(c) Substantial compliance. 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. EL 2.05(4)(d)(d) Removing signatures. After a nomination paper has been signed, but before it has been filed, a signature may be removed by the signer or the qualified 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. EL 2.05(5)(ag)(ag) Generally. Notwithstanding any other provision of this chapter, errors or omissions in information contained in a nomination paper, committed by either a signer or a qualified circulator, may be corrected by an affidavit of the qualified 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. EL 2.05(5)(ar)(ar) Deadline. Pursuant to s. 227.27 (1), Stats., it is the manifest intent of the commission that s. 990.001 (4), Stats., does not apply to the deadlines in this subsection. Any correcting affidavit shall be filed with the filing officer not later than 5 p.m. central time on the 3rd 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 shall be submitted via facsimile transmission or electronic mail directly to the filing officer. EL 2.05(5)(b)(b) Correcting nomination papers not necessary. 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. EL 2.05(5)(c)(c) Determination. The filing officer shall determine whether any correcting affidavit resolves the identified error or omission. EL 2.05(5)(d)(d) No new signatures. Correcting affidavits may not provide new or additional signatures or signature pages in addition to what was originally submitted to the filing official. EL 2.05(6)(6) Validity of nomination papers, signature lines. EL 2.05(6)(a)(a) Number of signatures. Nomination papers shall contain at least the minimum required number of signatures from the circuit, county, district or jurisdiction which the candidate seeks to represent. EL 2.05(6)(b)(b) Who may sign. A signer shall sign his or her own name unless unable to do so because of physical disability. A signer unable to sign because of physical disability shall be present when another person signs on behalf of the signer and shall specifically authorize the signing. EL 2.05(6)(c)(c) No signing for spouses. A person may not sign for his or her spouse, or for any other signer, even when they have been given a power of attorney by that signer, unless par. (b) applies. EL 2.05(6)(d)(d) Only one signature per signer. Only one signature per signer for the same office is valid, except that where a signer is entitled to vote for more than one candidate for the same office, that signer may sign the nomination papers of as many candidates for the same office as the signer is entitled to vote for at the election. EL 2.05(6)(e)(e) Accompanying information. Each signature on a nomination paper shall be accompanied by the signer’s address, printed name, and date of signature. EL 2.05(6)(f)(f) Ditto marks or “same.” A signature shall be counted when identical residential information or dates of signature for different signers are accurately indicated by ditto marks, another form of punctuation, or if an adjacent signer writes “same” or similar words to indicate that the residential information or signature dates are identical. EL 2.05(6)(g)(g) Impact of qualified circulator signature. No individual signature on a nomination paper may be counted if the signature is dated after the date that the qualified circulator completed and signed the certification contained on the nomination paper. Any signature that is dated on or before the date of the qualified circulator certification may be counted even if it appears on the same page as signatures dated after the circulator certification. The qualified circulator shall provide their residential address. No signature on the page may be counted when the residential address of the qualified circulator cannot be determined by the information given on the nomination paper. No signature may be counted if the date of qualified circulator certification is incomplete or incorrect. EL 2.05(6)(h)(h) Invalid individual signatures. An individual signature on a nomination paper may not be counted when any of the following occurs:
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