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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