An Act to create 5.051 of the statutes; Relating to: the suspension of a rule of the Elections Commission.
Summary
AB14 is a narrow administrative bill that formally repeals an emergency rule issued by the Wisconsin Elections Commission. The bill creates s. 5.051 of the statutes to codify the Legislature’s action suspending emergency rule 2408, which had taken effect on July 1, 2024. That emergency rule established procedures for filing and challenging declarations of candidacy for local, state, and federal office, including how complaints would be heard and decided and how those decisions could be reviewed.
The bill does not create a new election process; instead, it removes the challenged emergency rule from effect. In practical terms, it eliminates the commission’s temporary rulemaking on candidacy challenge procedures and leaves the statutory and administrative framework without those specific emergency provisions. Because the bill is tied to the Legislature’s authority under s. 227.26(2)(j), it reflects a formal legislative override of administrative rulemaking in the elections area.
Impact
AB14 would amend the statutes by creating s. 5.051, which repeals the Elections Commission emergency rule that created ss. EL 2.06 and 2.08 of the Wisconsin Administrative Code. The affected parties are candidates, filing officers, the Elections Commission, and anyone involved in challenging declarations of candidacy. Its effect is to remove the emergency rule’s procedures for candidacy challenges and related review processes from Wisconsin law, thereby limiting the commission’s temporary rule-based framework.
Sentiment
The available context suggests the bill was driven by a legislative majority intent on affirming the suspension of the Elections Commission’s emergency rule, rather than by broad bipartisan consensus. The Assembly vote recorded 53 yeas and 44 nays, indicating a divided chamber and a contested issue. No committee transcript is available, but the bill’s introduction by the Joint Committee for Review of Administrative Rules signals that it was part of a formal oversight action over agency rulemaking.
Contention
The main point of contention is the Elections Commission’s emergency rule governing declarations of candidacy and the procedures for challenging them. Supporters of the bill appear to favor legislative control and the suspension of the rule, while opponents likely object to repealing procedures that would have governed candidate challenges and review of decisions. The dispute centers on administrative authority versus legislative oversight, and on whether the commission should be able to implement these candidacy challenge procedures through emergency rulemaking.