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 EL 2.05 NoteNote: This section is shown as repealed and recreated by CR 25-064 eff. 4-1-26. Prior to 4-1-26 it reads: EL 2.05 NoteEL 2.05 Treatment and sufficiency of nomination papers. (1) Each candidate for public office has the responsibility to assure that his or her nomination papers are prepared, circulated, signed, and filed in compliance with statutory and other legal requirements.
EL 2.05 Note(2) In order to be timely filed, all nomination papers shall be in the physical possession of the filing officer by the statutory deadline. 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, the absence of a page number will not invalidate the signatures on that page.
EL 2.05 Note(3) The filing officer shall review all nomination papers filed with it, up to the maximum number permitted, to determine the facial sufficiency of the papers filed. Where circumstances and the time for review permit, the filing officer may consult maps, directories and other extrinsic evidence to ascertain the correctness and sufficiency of information on a nomination paper.
EL 2.05 Note(4) Any information which appears on a nomination paper is entitled to a presumption of validity. Notwithstanding any other provision of this chapter, errors 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 a person who signed the nomination paper. The person giving the correcting affidavit shall have personal knowledge of the correct information and the correcting affidavit shall be filed with the filing officer not later than three calendar days after the applicable statutory due date for the nomination papers.
EL 2.05 Note(5) 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 the law.
EL 2.05 Note(6) 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 Note(7) The filing officer shall accept nomination papers which contain biographical data or campaign advertising. The disclaimer specified in s. 11.1303 (2), Stats., is not required on any nomination paper. EL 2.05 Note(8) An elector shall sign his or her own name unless unable to do so because of physical disability. An elector unable to sign because of physical disability shall be present when another person signs on behalf of the disabled elector and shall specifically authorize the signing.
EL 2.05 Note(9) A person may not sign for his or her spouse, or for any other person, even when they have been given a power of attorney by that person, unless sub. (8) applies.
EL 2.05 Note(10) The signature of a married woman shall be counted when she uses her husband’s first name instead of her own.
EL 2.05 Note(11) Only one signature per person for the same office is valid. Where an elector is entitled to vote for more than one candidate for the same office, a person may sign the nomination papers of as many candidates for the same office as the person is entitled to vote for at the election.
EL 2.05 Note(12) A complete address, including municipality of residence for voting purposes, and the street and number, if any, of the residence, (or a postal address if it is located in the jurisdiction that the candidate seeks to represent), shall be listed for each signature on a nomination paper.
EL 2.05 Note(13) A signature shall be counted when identical residential information or dates for different electors are indicated by ditto marks.
EL 2.05 Note(14) No signature on a nomination paper shall be counted unless the elector who circulated the nomination paper completes and signs the certificate of circulator and does so after, not before, the paper is circulated. No signature may be counted when the residency of the circulator cannot be determined by the information given on the nomination paper.
EL 2.05 Note(15) An individual signature on a nomination paper may not be counted when any of the following occur:
EL 2.05 Note(a) The date of the signature is missing, unless the date can be determined by reference to the dates of other signatures on the paper.
EL 2.05 Note(b) The signature is dated after the date of certification contained in the certificate of circulator.
EL 2.05 Note(c) The address of the signer is missing or incomplete, unless residency can be determined by the information provided on the nomination paper.
EL 2.05 Note(d) The signature is that of an individual who is not 18 years of age at the time the paper is signed. An individual who will not be 18 years of age until the subject election is not eligible to sign a nomination paper for that election.
EL 2.05 Note(e) The signature is that of an individual who 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 is that of an individual who was not, for any other reason, a qualified elector at the time of signing the nomination paper. EL 2.05 Note(16) After a nomination paper has been filed, no signature may be added or removed. After a nomination paper has been signed, but before it has been filed, a signature may be removed by the circulator. The death of a signer after a nomination paper has been signed does not invalidate the signature.
EL 2.05 Note(17) This section is promulgated pursuant to the direction of s. 8.07, Stats., and is to be used by election officials in determining the validity of all nomination papers and the signatures on those papers. 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. 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 NoteNote: This section is created by CR 25-065 eff. 4-1-26. 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., (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. EL 2.07(3)(e)(e) Candidate response. A response to a challenge is a short, plain statement of the basis upon which the challenged candidate asserts that any challenged signatures on one or more nomination papers, or the nomination papers themselves, are valid. All factual allegations upon which the response relies shall be verified by one or more persons with personal knowledge of the facts alleged therein. Individuals other than the challenged candidate may support a response with additional affidavits. A brief or summary of the legal standards applicable to the challenged signatures or pages and the application of those legal standards to the alleged facts may be filed simultaneously with the response and any affidavits. 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 (1), Stats. EL 2.07(3)(f)(f) Candidate response deadline. If the challenged candidate elects to file a response to the nomination papers, that response shall be filed by the candidate challenged by 5 p.m. of the 3rd calendar day after the date the challenge was filed. The response shall be in the physical or electronic possession of the filing officer by 5 p.m. of the response deadline. If a response is submitted on a Saturday, Sunday, or legal holiday, it shall be submitted via facsimile transmission or electronic mail. Responses received after 5 p.m. on the response deadline shall not be accepted. If the challenged candidate elects to file a response and any correcting affidavits electronically, the filing officer shall electronically transmit a copy of those materials to the challenger within 4 hours of the deadline for filing those materials; if the challenge and supporting materials are filed in paper form, the filing officer shall deliver a copy to the challenger, either in paper or electronic form, no later than noon the day after those materials are filed. EL 2.07(3)(g)(g) Challenger rebuttal. If a challenged candidate files a response and one or more correcting affidavits, the challenger may file a short rebuttal brief and one or more rebuttal affidavits. If the challenger elects to file a rebuttal brief and rebuttal affidavits, those materials shall be filed by the challenger within 24 hours of the filing officer’s transmission of the response or correcting affidavits. Whenever the rebuttal deadline in this paragraph would occur after 10 a.m. on the deadline for the filing officer to certify the names of candidates to appear on the ballot, the deadline to file the rebuttal is 10 a.m. on that day. A rebuttal brief 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. The rebuttal brief and rebuttal affidavits shall be in the electronic possession of the filing officer within 24 hours from the filing officer’s transmission of the response and any correcting affidavits. Any rebuttal brief and any rebuttal affidavits shall be submitted via facsimile transmission or electronic mail. Paper copies of rebuttal briefs and rebuttal affidavits will not be accepted. Rebuttal briefs and rebuttal affidavits received after the applicable deadline shall not be accepted. EL 2.07(3)(h)(h) Filing officer decision. After the deadline for filing any rebuttal brief and rebuttal affidavits, but not later than the date for certifying candidates to the ballot, the filing officer shall decide the challenge. The filing officer may, in the officer’s discretion, elect to hold a hearing if the filing officer determines that a hearing would assist him or her in the adjudication of the challenge. The filing officer is not required to hold a hearing. EL 2.07(3)(i)(i) Hearing. If the filing officer elects to hold a hearing, the procedures for the hearing shall accord with this paragraph. The hearing shall be noticed in advance in compliance with s. 19.84, Stats., and shall be open to the public in compliance with ss. 19.83, 19.88, 19.89, and 19.90 Stats. The filing officer shall conduct the hearing in a manner that affords the same offered rights and opportunities to all parties. If the filing officer elects to accept oral presentations from the parties or their assigned representative, the same opportunity shall be afforded to all parties. Factual evidence being offered as oral testimony shall not be received at a hearing unless the filing officer elects to swear in witnesses, in which case all witnesses shall be sworn in. EL 2.07(3)(j)(j) Deadlines in case of filing extension. In the event an extension is necessary for any office pursuant to s. 8.10 (2) (a), 8.15 (1), or 8.20 (8) (a), Stats., the deadlines in pars. (b), (f), and (g) do not apply. Instead, the filing officer shall calculate the deadlines for the challenge, response, and rebuttal under this paragraph. 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 paragraph. The filing officer shall calculate the total number of hours between the extended filing deadline and 10 a.m. on the day of the deadline for the filing officer to certify the names of candidates to the ballot. The filing officer shall then divide that number by 2 so that there is an equal number of hours allotted to file a challenge and file a response. From each of these totals, the filing officer shall subtract an equal number of hours to form a rebuttal deadline, which shall not exceed 24 hours. The filing officer shall communicate the deadlines to the public by all reasonable methods as soon as they know an extension will be necessary. The communication shall include the specific office that was extended, and shall specify that the extension challenge deadlines are for that office only. EL 2.07(4)(4) Burdens. The initial burden is on the challenger to establish any deficiency in the challenged candidate’s nomination papers. If the challenger makes an initial showing by clear, satisfactory and convincing evidence that establishes one or more of the challenged candidate’s nomination papers is deficient, the burden shifts to the challenged candidate to establish the validity of their nomination papers by clear, satisfactory and convincing evidence. EL 2.07(5)(ag)(ag) Generally. A challenge to the validity of nomination papers may be brought on one or more of the grounds in this subsection. The challenge shall specify one or more of the following ground or grounds: EL 2.07(5)(ar)(ar) Signature line. Any aspect of individual signature lines of signers may be challenged, including the form of the signature itself, the information provided by the signer, the signer’s eligibility to sign the nomination paper, and the fact that a signer signed one candidate’s nomination papers more than once or signed the nomination papers of more than one candidate for the same office. The filing officer shall rely upon s. EL 2.05 when determining challenges to signature line. If a challenger establishes that the information provided by a signer is not substantially compliant, the signer’s signature may not be counted. The invalidity or disqualification of one or more signatures by a signer on a nomination paper does not necessarily affect the validity of any other signatures by signers on that nomination paper. EL 2.07(5)(b)(b) Header. Any aspect of the header of the nomination paper, as defined by s. EL 2.05 (1) (m) may be challenged. The filing officer shall rely upon s. EL 2.05 when determining challenges to the header. If the filing officer sustains a challenge to the header of a nomination paper, none of the signatures on that page may be counted. EL 2.07(5)(c)(c) Circulation. Any aspect of how a candidate circulated their nomination papers may be challenged. A challenge may be brought against any aspect of how a qualified circulator circulated a candidate’s nomination papers, including the signature, date of signature, certification, or eligibility of the qualified circulator. A challenge brought against the certification includes a challenge that a qualified circulator did not comply with any of the statements contained within the certification. The filing officer shall rely upon s. EL 2.05 when determining challenges to the qualified circulator of nomination papers. If the filing officer sustains a challenge to the circulation of the nomination papers, none of the signatures on that page may be counted. EL 2.07(5)(d)(d) Filing. Any aspect of how a candidate filed their nomination papers may be challenged. If the filing officer sustains a challenge to how the nomination papers were filed, none of the signatures on any of the filed pages may be counted. EL 2.07(6)(6) Decision of filing officer. If the filing officer elects not to hold a hearing, the filing officer shall promptly issue a written decision on the challenge and a signed order memorializing their disposition of the challenge not later than the date for certifying candidates to the ballot. If the filing officer elects to hold a hearing and announces an oral ruling during that hearing, any party seeking to appeal from the filing officer’s adjudication of a challenge decided at the hearing may submit a proposed order, memorializing the filing officer’s ruling, to the filing officer for adoption and signature. The filing officer shall promptly transmit all signed orders to the challenger and the challenged candidate electronically. The filing officer may draft and sign their own order rather than using a version proposed by any party.
