An Act to create 5.051 of the statutes; Relating to: the suspension of a rule of the Elections Commission.
Summary
AB13 is a short bill that repeals a specific emergency rule promulgated by the Wisconsin Elections Commission. The bill was introduced by the Joint Committee for Review of Administrative Rules to support its earlier suspension of emergency rule 2407, which had taken effect on June 10, 2024 and created Wisconsin Administrative Code s. EL 6.05. That rule required municipalities to use only the Elections Commission’s prescribed uniform absentee voting instructions and barred them from providing additional administrative or logistical instructions unless those instructions were also the commission’s uniform instructions.
By creating s. 5.051 of the statutes, the bill would place in statute the repeal of that emergency rule. In practical terms, it would remove the commission’s authority under that emergency rule to control the content of absentee voting instructions given by municipalities, and it would eliminate the rule from the administrative code. The measure affects the Wisconsin Elections Commission, municipal clerks and other local election officials, and absentee voters who receive voting instructions from local governments.
Impact
AB13 would amend Wisconsin law by adding a new statutory section that formally repeals the Elections Commission emergency rule on mandatory uniform absentee voting instructions. The bill does not itself create a new substantive absentee voting procedure; rather, it nullifies the administrative rule and reinforces the Legislature’s oversight authority over agency rulemaking. Its effect is to restore local flexibility for municipalities in how they provide absentee voting guidance, subject to any other applicable election laws and commission rules that remain in force.
Sentiment
The available record suggests the bill was generally supported by the legislative majority that advanced the underlying suspension of the rule, as reflected in the Assembly vote and the bill’s introduction by the Joint Committee for Review of Administrative Rules. The bill’s purpose is narrow and procedural, focused on legislative disapproval of an agency rule rather than on a broader policy overhaul. There is no committee transcript in the record provided, so the discussion history does not show detailed public testimony or debate, but the vote history indicates the measure moved with meaningful support in the Assembly.
Contention
The main point of contention is the balance of authority between the Wisconsin Elections Commission and municipalities over absentee voting instructions. Supporters of the bill appear to favor local discretion and legislative control over agency-imposed uniformity, while opponents would likely argue that the commission’s rule promotes consistency and reduces the risk of confusing or conflicting instructions to absentee voters. Because the bill repeals an emergency rule rather than establishing a new statewide standard, the dispute centers on whether uniform election guidance should be mandated by the commission or left more flexible at the local level.