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: EL 2.05(6)(h)1.1. ‘Missing date.’ The date of the signature is missing, unless the date can be determined by reference to the dates of any of the other signatures on the paper, including those dates above or below the signature. EL 2.05(6)(h)2.2. ‘Dated after qualified circulator certification.’ The signature is dated after the date on which the qualified circulator signed the certification. EL 2.05(6)(h)3.3. ‘Missing or incomplete address.’ The address of the signer is missing or incomplete, unless the address can be determined by the information provided on the nomination paper. If the signer has abbreviated the name of their municipality, the address is substantially compliant provided the municipality can be determined from other information contained on the nomination paper. Neither apartment number nor state and ZIP Code is required. EL 2.05(6)(h)4.4. ‘Unqualified elector.’ The signer has been adjudicated not to be a qualified elector on the grounds of incompetency or limited competency as provided in s. 6.03 (3), Stats., or was not, for any other reason, a qualified elector at the time of signing the nomination paper. If the signatory becomes an unqualified elector after signing the nomination paper, the signature should not be struck because the signer was a qualified elector when they signed. EL 2.05(6)(h)5.5. ‘Improper residence.’ The signer resides outside the circuit, county, district or jurisdiction that the candidate seeks to represent. EL 2.05(6)(h)6.6. ‘Legibility.’ If the filing officer cannot discern the signer’s first and last name, after reviewing both the signature and printed name, it is illegible pursuant to s. 8.10 (4) (b) or s. 8.15 (2), Stats., and shall not be counted. The filing officer is not required to consult extrinsic sources of information to attempt to discern the signer’s name but may do so in their discretion if it assists in discerning a possible name. EL 2.05(6)(h)7.7. ‘Nicknames and initials.’ If the signer has used a nickname or initials for their first or middle name, whether in their printed name or their signature, the printed name or signature is substantially compliant provided the printed name or signature complies with subd. 6. No nickname or initial is considered substantially compliant for the signer’s last name. EL 2.05(6)(h)8.8. ‘Age of signer.’ 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 election. EL 2.05(6)(i)(i) Death of the signer. The death of a signer after a nomination paper has been signed does not invalidate the signature. EL 2.05(7)(7) Validity of nomination papers, header. EL 2.05(7)(a)(a) Office title and district designation. As to office title and district designation, the header of a nomination paper is valid as long as the filing officer finds that the signers could determine the office and district the candidate was pursuing based solely upon information provided in the header. EL 2.05(7)(b)(b) Election date. When the date of the election is entirely missing from the header of any nomination paper, the filing officer shall not count any of the signatures on the page. Incomplete or incorrect election dates can be found substantially compliant if the filing officer finds that signers could have determined the correct election date based solely upon information provided in the header. EL 2.05(7)(c)(c) Candidate name. The candidate shall provide their last name and first name. They may provide a nickname or initial for their first or middle name. In addition to their name, they may provide a former legal surname. The candidate may not provide any other abbreviations or titles. EL 2.05(7)(d)(d) Candidate address. A candidate shall provide their residential address, their mailing address, if different from their residential address, and their voting municipality in the header of each nomination paper. The residential address shall be the street address where the candidate resides; no other address is acceptable in lieu of a residential address. EL 2.05(7)(e)(e) Candidate information or advertising. The filing officer shall accept nomination papers which contain biographical data or campaign advertising. A nomination paper is substantially compliant if it does not contain the disclaimer specified in s. 11.1303 (2), Stats. EL 2.05(7)(f)(f) Political party of candidate. If the race is for 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. EL 2.05(8)(8) Validity of nomination papers, other issues. EL 2.05(8)(a)(a) Gender not required. Failure to provide an indicator of a candidate’s gender in the header does not invalidate any nomination papers. EL 2.05(8)(b)(b) Missing date of qualified circulator. If the date of qualified circulator certification is incomplete or incorrect, the nomination paper is not substantially compliant, and no signatures on that page may be counted, subject to sub. (5). EL 2.05 HistoryHistory: Emerg. cr. 8-9-74; cr. Register, November, 1974, No. 227, eff. 12-1-74; emerg. r. and recr. eff. 12-16-81; emerg. r. and recr. eff. 6-1-84; cr. Register, November, 1984, No. 347, eff. 12-1-84; r. and recr. Register, January, 1994, No. 457, eff. 2-1-94; CR 00-153: am. (2), (4), and (14), r. (15), renum. (16), (17), and (18) to be (15), (16) and (17), and am. (15) (b) as renum., Register September 2001 No. 549, eff. 10-1-01; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 25-064: r. and recr. Register January 2026 No. 841, eff. 4-1-26; correction in (1) (d), (f), (h), (j) made under s. 35.17, Stats., renumber (4) (a) to (4) (a) 1. under s. 13.92 (4) (b) 1., Stats., correction in (4) (a) 1. made under s. 35.17, Stats., create (4) (a) 1. (title) under s. 13.92 (4) (b) 2., Stats., correction in (4) (a) 2. made under s. 35.17, Stats., renumber (5) (intro), (a) to (5) (ag), (ar) under s. 13.92 (4) (b) 1., Stats., create (5) (ag) (title) under s. 13.92 (4) (b) 2., Stats., and correction in (5) (ar), (6) (c) made under s. 35.17, Stats., Register January 2026 No. 841; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2026 No. 843, eff. 4-1-26. EL 2.06EL 2.06 Treatment and sufficiency of declarations of candidacy. EL 2.06(1)(b)(b) In this section, “declaration of candidacy” means a document that meets the requirements of s. 8.21, Stats., and is filed by any candidate, except a presidential elector, seeking local, state, or federal office. EL 2.06(2)(a)(a) Candidate responsibility. Each candidate for public office has the responsibility to assure that his or her declaration of candidacy is prepared, sworn, signed and filed in compliance with statutory and other legal requirements. A candidate may file his or her declaration of candidacy by proxy. EL 2.06(2)(b)(b) Physical possession. In order to be timely filed, a declaration of candidacy shall be in the possession of the filing officer by the statutory deadline. Emailed or faxed copies of a declaration of candidacy will be accepted pursuant to s. EL 6.04 (2) and (3). An amended declaration of candidacy filed pursuant to s. 8.21 (6), Stats., does not make the declaration of candidacy untimely filed so long as the original declaration of candidacy was filed by the statutory deadline. EL 2.06(3)(3) Sufficiency of declaration of candidacy, general. EL 2.06(3)(a)(a) Reviewing the declaration of candidacy. The filing officer shall review a declaration of candidacy filed with him or her to determine the facial sufficiency of the declaration filed. Nothing in this paragraph shall constitute a defense against a challenge to the sufficiency of a declaration of candidacy. 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 2.06(3)(b)(b) Presumption of validity. Any facially sufficient information which appears on a declaration of candidacy is entitled to a presumption of validity. EL 2.06(3)(c)(c) No correcting affidavits. Errors in information contained in a declaration of candidacy may only be if the candidate or their proxy files an amended declaration of candidacy. A declaration of candidacy cannot be amended by filing a correcting affidavit. EL 2.06(3)(d)(d) Missing information. The declaration of candidacy shall contain all of the information required by s. 8.21, Stats. If it does not, the filing officer shall not accept it. If the declaration of candidacy is not accepted by the filing officer, the filing officer shall contact the candidate to inform them of that fact as well as to provide the reason it could not be accepted. This paragraph does not apply if there are errors in the sworn certification made before any officer authorized to administer oaths. EL 2.06(4)(4) Sufficiency of declaration of candidacy, certification information. EL 2.06(4)(ag)(ag) Definition. In this subsection, “certification information” means the candidate’s name and the official name of the office sought. EL 2.06(4)(b)(b) Office sought. A candidate shall provide the named office required by s. 8.21 (2) (a), Stats. The named office shall include the district, branch, or seat number, as follows: EL 2.06(4)(b)1.1. ‘Legislature.’ For legislative offices, the named office shall include the title and district number. EL 2.06(4)(b)2.2. ‘District attorneys.’ For district attorneys, the named office shall include the title and the county. EL 2.06(4)(b)3.3. ‘Circuit court judges.’ For circuit court offices, the named office shall include the title, county, and branch number. EL 2.06(4)(b)4.4. ‘Municipal offices.’ For municipal and school board offices, the named office shall include the title and any district seat number. EL 2.06(5)(5) Sufficiency of candidate address and name on ballot. EL 2.06(5)(a)(a) Address. State and local candidates shall provide their residential address and municipality for voting purposes. The residential address shall include the street and number, and cannot be a post office box or other address at which the candidate does not reside. This information is not required for federal offices. EL 2.06(5)(b)(b) Name on ballot. A candidate shall include their name in the form in which it will appear on the ballot. The candidate’s preferred ballot name cannot contain the word “incumbent,” include a professional title, or include an attempt to manipulate the electoral process. An intended name containing a nickname or initial, middle name, or former legal surname is permitted, provided that it does not include quotation marks or parentheses. EL 2.06 HistoryHistory: EmR2408: emerg. cr., eff. 7-1-24; CR 25-046: cr. Register January 2026 No.841, eff. 4-1-26; renum. (1) to (1) (a), (b) under s. 13.92 (4) (b) 1., Stats., correction in (1) (a), (b), (2) (b), (3) (a), (d) under s. 35.17, Stats., renumber (4) (intro.), (a) to (4) (ag), (ar) under s. 13.92 (4) (b) 1., Stats., (4) (ag) title created under s. 13.92 (4) (b) 2., Stats., correction in (4) (ag), (ar), (b) made under s. 35.17, Stats., Register January 2026 No. 841. EL 2.07EL 2.07 Challenges to nomination papers. EL 2.07(1)(b)1.1. “Business day” means any calendar day except Saturday and Sunday, and except the following business holidays: New Year’s Day, Martin Luther King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas. EL 2.07(1)(b)2.2. “Challenge” means that filing before a filing officer made by a person or organization contesting the legal validity of a candidate’s nomination papers. EL 2.07(1)(b)3.3. “Challenger” means the person or organization filing a challenge. EL 2.07(1)(b)4.4. “Rebuttal affidavit” means an affidavit submitted by a challenger addressing those arguments or facts raised by the challenged candidate in the candidate’s response to the challenge. EL 2.07(1)(b)5.5. “Rebuttal” means a filing or submission by the challenger addressing those arguments raised by the challenged candidate in the candidate’s response to the challenge. EL 2.07(1)(b)6.6. “Response” means a filing or submission by a challenged candidate to rebut the allegations made in a challenge. EL 2.07(1)(b)7.7. “Verified” means a document that is sworn to before a person authorized to administer oaths or declared pursuant to s. 887.015, Stats. EL 2.07(2)(2) Challenge filed with filing officer. Any challenge to the validity of nomination papers brought under this section shall be filed with the appropriate filing officer by the challenger or by the challenger’s proxy or legal representative. The filing officer shall apply the standards in s. EL 2.05 to determine the validity of nomination papers with the exception of s. EL 2.05 (4) (b). The filing officer shall make filed nomination papers available for public inspection, either physically or electronically, within 1 business day of when they are filed. EL 2.07(3)(ag)(ag) Generally. This subsection contains the exclusive procedure by which administrative challenges to nomination papers may be brought before the filing officer. 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. EL 2.07(3)(ar)(ar) Form of challenges to nomination papers. A challenge is a short, plain statement of the basis upon which the challenger seeks to invalidate any signatures on one or more nomination papers. All factual allegations upon which the challenge relies shall be verified by one or more persons who certify that they possess personal knowledge of the facts alleged therein. Individuals other than the challenger may support a challenge with sworn affidavits or declarations pursuant to s. 887.015, Stats. A brief or summary of the legal standards applicable to a challenge and their application to the alleged facts may be filed simultaneously with, or as a part of, the challenge and any affidavits or declarations pursuant to s. 887.015, Stats. The brief or summary need not be verified, but if it is prepared by an attorney, that attorney shall sign the brief and that signature shall meet the requirements of s. 802.05, Stats. EL 2.07(3)(b)(b) Deadlines for filing a challenge. Any challenge shall be filed by 5 p.m. on the 3rd calendar day after the filing deadline for the challenged nomination papers. The challenge shall be in the physical or electronic possession of the filing officer by 5 p.m on the challenge deadline. If a challenge is submitted on a Saturday, Sunday, or legal holiday, it shall be submitted via facsimile transmission or electronic mail. Challenges received after 5 p.m. on the challenge deadline shall not be accepted. EL 2.07(3)(c)1.1. ‘Filing challenges electronically to nomination papers.’ A challenger may choose to file a challenge electronically. The filing officer will make instructions for filing challenges electronically publicly available no less than 24 hours before the challenge deadline. Challenges that are filed electronically shall conform to those instructions. If the challenge and all supporting materials are filed in electronic form, the filing officer shall electronically transmit a copy of the challenge to the challenged candidate no later than 4 hours after the deadline for filing of the challenge complaint. EL 2.07(3)(c)2.2. ‘Filing challenges in paper form to nomination papers.’ If the challenge and supporting materials are filed in paper form, the filing officer shall deliver a copy to the challenged candidate, either in paper or electronic form, no later than noon the day after the challenge is filed. EL 2.07(3)(c)3.3. ‘Required notice to candidate.’ Regardless of how a nomination paper challenge is filed, the filing officer shall also provide the challenged candidate with a copy of the challenge, notice of the response deadline, notice of how and when the challenged candidate may file rebuttal, as well as notice that the procedures governing nomination paper challenges are governed by this chapter. EL 2.07(3)(d)(d) Clear, convincing, and satisfactory evidence. The challenge shall be established by clear, convincing, and satisfactory evidence, presented in the sworn challenge, an accompanying affidavit, or exhibits, which demonstrate that the nomination papers are not substantially compliant. The filing officer shall review the evidence submitted when deciding the challenge.
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