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. EL 2.07(7)(7) Appeal. Any order of a local filing officer disposing of a challenge may be appealed to the commission pursuant to s. 5.05 or 5.06, Stats. 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. The party aggrieved by the filing officer’s decision shall notify the commission of its intent to appeal within 48 hours of receipt of the filing officer’s signed order. The commission administrator, in consultation with the commission chair, shall establish a briefing schedule that will allow for commission decision before the deadlines for ballot printing. Any signed order of the commission disposing of a challenge or adjudicating an appeal from a local filing officer’s order disposing of a challenge may be appealed to a circuit court pursuant to s. 5.06 (8), Stats. EL 2.07 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 2.07 NoteEL 2.07 Challenges to nomination papers. (1) The elections commission shall review any verified complaint concerning the sufficiency of nomination papers of a candidate for state office that is filed with the elections commission under ss. 5.05 and 5.06, Stats.; and the local filing officer shall review any verified complaint concerning the sufficiency of nomination papers of a candidate for local office that is filed with the local filing officer under s. 8.07, Stats. The filing officer shall apply the standards in s. EL 2.05 to determine the sufficiency of nomination papers, including consulting extrinsic sources of evidence under s. EL 2.05 (3). EL 2.07 Note(2) (a) Any challenge to the sufficiency of a nomination paper shall be made by verified complaint, filed with the appropriate filing officer. The complainant shall file both an original and a copy of the challenge at the time of filing the complaint. Notwithstanding any other provision of this chapter, the failure of the complainant to provide the filing officer with a copy of the challenge complaint will not invalidate the challenge complaint. The filing officer shall make arrangements to have a copy of the challenge delivered to the challenged candidate within 24 hours of the filing of the challenge complaint. The filing officer may impose a fee for the cost of photocopying the challenge and for the cost of delivery of the challenge to the respondent. The form of the complaint and its filing shall comply with the requirements of ch. EL 20. Any challenge to the sufficiency of a nomination paper shall be filed within 3 calendar days after the filing deadline for the challenged nomination papers. The challenge shall be established by affidavit, or other supporting evidence, demonstrating a failure to comply with statutory or other legal requirements. EL 2.07 Note(b) The response to a challenge to nomination papers shall be filed, by the candidate challenged, within 3 calendar days of the filing of the challenge and shall be verified. After the deadline for filing a response to a challenge, but not later than the date for certifying candidates to the ballot, the elections commission or the local filing officer shall decide the challenge with or without a hearing.
EL 2.07 Note(3) (a) The burden is on the challenger to establish any insufficiency. If the challenger establishes that the information on the nomination paper is insufficient, the burden is on the challenged candidate to establish its sufficiency. The invalidity or disqualification of one or more signatures on a nomination paper shall not affect the validity of any other signatures on that paper.
EL 2.07 Note(b) If a challenger establishes that an elector signed the nomination papers of a candidate more than once or signed the nomination papers of more than one candidate for the same office, the 2nd and subsequent signatures may not be counted. The burden of proving that the second and subsequent signatures are that of the same person and are invalid is on the challenger.
EL 2.07 Note(c) If a challenger establishes that the date of a signature, or the address of the signer, is not valid, the signature may not be counted.
EL 2.07 Note(d) Challengers are not limited to the categories set forth in pars. (a) and (b).
EL 2.07 Note(4) The filing officer shall examine any evidence offered by the parties when reviewing a complaint challenging the sufficiency of the nomination papers of a candidate for state or local office. The burden of proof applicable to establishing or rebutting a challenge is clear and convincing evidence.
EL 2.07 Note(5) Where it is alleged that the signer or circulator of a nomination paper does not reside in the district in which the candidate being nominated seeks office, the challenger may attempt to establish the geographical location of an address indicated on a nomination paper, by providing district maps, or by providing a statement from a postmaster or other public official.
EL 2.07 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; emerg. am. (1), (4) to (6), eff. 6-1-86; am. (1), (4) to (6), Register, November, 1986, No. 371, eff. 12-1-86; r. and recr. Register, January, 1994, No. 457, eff. 2-1-94; CR 00-153: am. (2) (a) and (b), Register September 2001 No. 549, eff. 10-1-01; reprinted to restore dropped copy in (2) (b), Register December 2001 No. 552; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register April 2008 No. 628; correction in (1), (2) (b) made under s. 13.92 (4) (b) 6., Stats., and correction in (1), (2) (a) 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; renumber (1) (intro.) to (1) (a), (b) and renumber (3) (intro.), (a) to (3) (ag), (ar) under s. 13.92 (4) (b) 1., create (3) (ag) (title) under s. 13.92 (4) (b) 2., Stats., correction in (3) (ag), (b), (f), (g), (i), (j) made under s. 35.17, Stats., correction in (3) (i) made under s. 13.92 (4) (b) 7., 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., correction in (5) (b) made under s. 35.17, Stats., and correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register January 2026 No. 841. EL 2.08EL 2.08 Challenges to declarations of candidacy. EL 2.08(1)(b)(b) “Calendar day” includes Saturdays, Sundays, and legal holidays. EL 2.08(2)(ag)(ag) Generally. Any challenge to the sufficiency of a declaration of candidacy brought under this subsection shall be filed with the appropriate filing officer by the candidate or by the candidate’s proxy or legal representative. 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 sub. (6). The filing officer shall apply the standards in s. EL 2.06 and s. 8.21, Stats., to determine the sufficiency of the declaration of candidacy. This subsection contains the exclusive procedure by which administrative challenges to a declaration of candidacy may be brought before the filing officer. The filing officer shall make a declaration of candidacy available for public inspection, either physically or electronically, within one business day of when it is filed. EL 2.08(2)(ar)(ar) Form of challenges to declarations of candidacy. A challenge is a short, plain statement of the basis upon which the challenger seeks to invalidate a declaration of candidacy filed by a candidate. 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. An individual 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 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 2.08(2)(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 declaration of candidacy. The challenge shall be in the physical or electronic possession of the filing officer by 5 p.m. of 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 2.08(2)(c)(c) Filing a challenge to a declaration of candidacy. EL 2.08(2)(c)1.1. ‘Filing a challenge electronically to a declaration of candidacy.’ 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 start of the circulation period. A challenge that is 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 the challenge complaint. EL 2.08(2)(c)2.2. ‘Filing a challenge in paper form to a declaration of candidacy.’ 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. Along with a copy of the challenge, the filing officer shall also provide the challenged candidate with notice of the response deadline, as well as notice that the procedures governing declaration of candidacy challenges are covered by this chapter. EL 2.08(2)(d)(d) Clear, satisfactory, and convincing evidence. The challenge shall establish by clear, satisfactory, and convincing evidence, presented in the sworn challenge, an accompanying affidavit, or exhibits, which demonstrate that the declaration of candidacy is insufficient. The filing officer shall review the evidence submitted when deciding the challenge. EL 2.08(2)(e)(e) Candidate response. A response to a challenge is a short, plain statement of the basis upon which the challenged candidate asserts that their declaration of candidacy is sufficient pursuant to s. 8.21, Stats. All factual allegations upon which the response relies shall be verified by one or more persons with personal knowledge of the facts alleged therein. An individual other than the challenged candidate may support a response with additional affidavits. A brief or summary of the legal standards applicable to the challenged declaration of candidacy 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, Stats. EL 2.08(2)(f)(f) Candidate response deadline. If the challenged candidate elects to file a response to the challenge to their declaration of candidacy, 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 or 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 on the day after those materials are filed. EL 2.08(2)(g)(g) Challenger rebuttal. If a challenged candidate files a response, 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. 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. 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 2.08(2)(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. In deciding the challenge, the filing officer may elect to hold a hearing if the filing officer deems that such a hearing would assist them in the adjudication of the challenge. A filing officer is not required to hold a hearing. EL 2.08(2)(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 2.08(2)(j)(j) Deadlines in case of filing extension. In the event an extension is necessary for any office pursuant to ss. 8.10 (2) (a), 8.15 (1), 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 2.08(3)(3) Burdens. The initial burden is on the challenger to establish any deficiency in the challenged candidate’s declaration of candidacy. If the challenger makes an initial showing by clear, satisfactory, and convincing evidence that establishes the declaration of candidacy is insufficient pursuant to s. 8.21, Stats., the burden shifts to the challenged candidate to establish the sufficiency of the declaration of candidacy by clear, satisfactory, and convincing evidence. EL 2.08(4)(ag)(ag) Generally. An administrative challenge to the sufficiency of a declaration of candidacy under this section may only be brought on one or more grounds in this subsection. The challenge shall allege with specificity the ground or grounds of each challenge. EL 2.08(4)(ar)(ar) Certification, missing information. A challenge may be brought if any of the information in the candidate certification section is missing or incomplete, including the candidate’s name and the official name of the office. EL 2.08(4)(b)(b) Certification, qualifications. A challenge may be brought to the candidate’s certification on the declaration of candidacy that they possess qualifications to run for the office identified. A challenge under this ground shall be limited to the sworn statements that are required by s. 8.21 (2) and (4), Stats. A challenge to sworn statements required by s. 8.21 (4), Stats., shall only be brought against candidates for state and local office. EL 2.08(4)(c)(c) Candidate address. A challenge under this ground may only be brought against candidates for state and local office pursuant to s. 8.21 (4), Stats. A challenge may be brought if the present address, including the municipality for voting purposes, is missing, incomplete, or incorrect. A challenge may also be brought under this ground if this information is inconsistent with a candidate’s nomination papers. EL 2.08(4)(d)(d) Candidate name on ballot. A challenge may be brought if the name the candidate wishes to appear on the ballot is missing. A challenge may also be brought under this ground if this information is inconsistent with a candidate’s nomination papers. A challenge may also be brought if the intended name of the candidate on the ballot contains the word “incumbent,” includes a professional title, or includes an attempt to manipulate the electoral process. This paragraph cannot serve as a basis for a challenge for an incomplete name if the candidate has provided a last name plus first name, nickname or initial, middle name, or former legal surname, provided the name does not otherwise violate this paragraph and also does not include quotation marks or parentheses. EL 2.08(4)(e)(e) Sworn statement. A challenge may be brought if the declaration of candidacy has not been sworn to before any officer authorized to administer oaths per s. 8.21 (2) and (5), Stats. EL 2.08(4)(f)(f) Timeliness of filing. A challenge may be brought if the declaration of candidacy was not timely filed pursuant to s. 8.21 (1), Stats. EL 2.08(5)(5) Decision of 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 section. 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 deadline 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 challenged candidate electronically. The filing officer may draft and sign their own order rather than using a version proposed by any party.
