EL 2.05(16)
(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(17)
(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 History
History: 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. EL 2.07
EL 2.07 Challenges to nomination papers. EL 2.07(1)
(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(2)(a)(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(2)(b)
(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(3)(a)(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(3)(b)
(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(3)(c)
(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(3)(d)
(d) Challengers are not limited to the categories set forth in
pars. (a) and
(b).
EL 2.07(4)
(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(5)
(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 History
History: 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. EL 2.09
EL 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 History
History: 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 2.11
EL 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 History
History: 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.
