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. EL 2.08(6)(6) Appeal. Any order of a local filing officer disposing of a challenge may be appealed to the commission pursuant to ss. 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 a commission decision before the deadlines before 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 2.08 HistoryHistory: EmR2408: emerg. cr., eff. 7-1-24; CR 25-046: cr. Register January 2026 No.841, eff. 4-1-26; renumber (1) to (1) (a), renumber (1) (b) from (5) in part, and renumber (2) (intro.), (a) to (2) (ag), (ar) under s. 13.92 (4) (b) 1., correction in (1) (a) made under s. 35.17, Stats., create (2) (ag), (4) (ag) (title) under s. 13.92 (4) (b) 2., correction in (2) (ag) made under s. 13.92 (4) (b) 7. and 35.17, Stats., correction in (2) (j) made under s. 13.92 (4) (b) 7., Stats., correction in (2) (b), (f), (g), (i), (j) made under s. 35.17, Stats., renumber (4) (intro.), (a) to (4) (ag), (ar) under s. 13.92 (4) (b) 1., Stats., correction in (4) (ag), (b), (d), (e), (5) made under s. 35.17, Stats., correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register January 2026 No. 841. EL 2.09EL 2.09 Treatment and sufficiency of election petitions. EL 2.09(1)(1) Except as expressly provided herein, the standards established in s. EL 2.05 for determining the treatment and sufficiency of nomination papers are incorporated by reference into, and are made a part of, this section. EL 2.09(2)(2) In order to be timely filed, all petitions required to comply with s. 8.40, Stats., and required by statute or other law to be filed by a time certain, shall be in the physical possession of the filing officer not later than the time set by that statute or other law. EL 2.09(3)(3) All petitions shall contain at least the number of signatures, from the election district in which the petition was circulated, equal to the minimum required by the statute or other law establishing the right to petition. EL 2.09(4)(4) Only one signature per person for the same petition, is valid. EL 2.09(5)(5) This section applies to all petitions which are required to comply with s. 8.40, Stats., including recall petitions, and to any other petition whose filing would require a governing body to call a referendum election. EL 2.09 HistoryHistory: Cr. Register, January, 1994, No. 457, eff. 2-1-94; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726. EL 2.11EL 2.11 Challenges to election petitions. EL 2.11(1)(1) Except as expressly provided herein, the standards established in s. EL 2.07 for determining challenges to the sufficiency of nomination papers apply equally to determining challenges to the sufficiency of petitions required to comply with s. 8.40, Stats., including recall petitions, and to any other petition whose filing requires a governing body to call a referendum election. EL 2.11(2)(a)(a) Any challenge to the sufficiency of a petition required to comply with s. 8.40, Stats., shall be made by verified complaint filed with the appropriate filing officer. The form of the complaint, the filing of the complaint and the legal sufficiency of the complaint shall comply with the requirements of ch. EL 20; the procedure for resolving the complaint, including filing deadlines, shall be governed by this section and not by ch. EL 20. EL 2.11(2)(b)(b) The complaint challenging a petition shall be in the physical possession of the filing officer within the time set by the statute or other law governing the petition being challenged or, if no time limit is specifically provided by statute or other law, within 10 days after the day that the petition is filed. EL 2.11(3)(3) The response to a challenge to a petition shall be filed within the time set by the statute or other law governing that petition or, if no time limit is specifically provided by statute or other law, within 5 days of the filing of the challenge to that petition. After the deadline for filing a response to a challenge, the filing officer shall decide the challenge with or without a hearing. EL 2.11 HistoryHistory: Cr. Register, January, 1994, No. 457, eff. 2-1-94; correction in (1), (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.
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