An Act to create 5.051 of the statutes; Relating to: the suspension of a rule of the Elections Commission.
Summary
AB15 would create a new statute, s. 5.051, to formally repeal an emergency rule issued by the Wisconsin Elections Commission. The bill is tied to the Joint Committee for Review of Administrative Rules’ decision to suspend emergency rule 2409 on July 22, 2024, and it specifically targets the rule that took effect on July 1, 2024, and created administrative code provisions EL 2.05 and EL 2.07.
The repealed rule dealt with procedures for nomination papers in elections. It addressed how nomination papers are filed, what grounds may be used to challenge them, and how those challenges are heard and decided by the filing officer, including review of the filing officer’s decision. By repealing the rule in statute, AB15 would remove those administrative provisions from the Wisconsin Administrative Code and prevent the Elections Commission’s emergency rule from remaining in effect.
Impact
If enacted, AB15 would change Wisconsin election law by codifying the repeal of the Elections Commission’s emergency rule on nomination paper challenges. The practical effect would be to eliminate the administrative code sections governing nomination paper filing requirements, challenge procedures, and review processes, leaving those matters to be governed by other existing law or future rulemaking. The bill affects the Wisconsin Elections Commission, filing officers, candidates who submit nomination papers, and individuals who may challenge those papers.
Sentiment
The available record suggests the bill was supported by the Joint Committee for Review of Administrative Rules as part of its oversight role over agency rulemaking, but it appears to have been politically contested. The Assembly vote was 53-44, indicating a relatively close division rather than broad consensus. No committee transcript is available, but the narrow vote and the bill’s connection to a suspended election rule suggest the measure drew meaningful support from those favoring legislative control over election administration and opposition from those who viewed the rule as appropriate or necessary.
Contention
The main point of contention is the Elections Commission’s authority to set challenge procedures for nomination papers through emergency rulemaking versus the Legislature’s authority to override that rule. Supporters likely viewed the emergency rule as an improper or unnecessary expansion of administrative authority, while opponents likely objected to repealing procedures that clarify how nomination paper challenges are handled. The dispute centers on election administration, candidate filing rules, and the balance between agency rulemaking and legislative oversight.