Wisconsin Assembly Bill AB268

Wisconsin 2025-2026 Regular Session

• Introduced: 5/19/25
• Refer: 5/19/25
• Report Pass: 10/16/25
• Refer: 10/16/25
• Failed: 3/23/26

Caption

An Act to amend 5.06 (8) of the statutes; Relating to: the right of appeal for complainants aggrieved by decisions of the Elections Commission concerning the conduct of election officials.

Summary

Assembly Bill 268 would change Wisconsin law governing appeals from decisions of the Wisconsin Elections Commission in complaints about the conduct of election officials. Under current law, a complainant may appeal only if they are “aggrieved” by the commission’s order, and a recent Wisconsin Supreme Court decision interpreted that term to require an injury to a legally recognized interest. This bill would override that interpretation by specifying that a complainant is considered aggrieved regardless of whether they can show such an injury. The bill also would make clear that a complainant may appeal any commission order that dismisses the complaint or otherwise fails to grant the relief requested. In practical terms, it broadens access to circuit court review for people who file election-administration complaints and are dissatisfied with the Elections Commission’s outcome. The appeal would still go to circuit court in the county where the election official does business or where the complainant resides, and the 30-day filing deadline would remain unchanged.

Impact

AB268 would amend s. 5.06 (8) of the Wisconsin Statutes to expand the class of complainants who may seek judicial review of Elections Commission orders. It would effectively supersede the Brown v. Wisconsin Elections Commission interpretation of “aggrieved” by statute, removing the requirement that a complainant show injury to a legally recognized interest before appealing. The bill would therefore increase the likelihood of court challenges to commission decisions and could lead to more litigation involving election complaints and election officials.

Sentiment

No committee transcript or recorded vote information was provided, so the available context does not show direct debate or a formal vote pattern. Based on the bill text, the measure appears to be framed as a procedural and access-to-courts change rather than a substantive election-policy overhaul. Its introduction by multiple Republican legislators suggests support from sponsors for expanding complainants’ appellate rights, but the absence of recorded discussion leaves the broader legislative sentiment unclear.

Contention

The main point of contention is likely the scope of judicial review over Elections Commission decisions. Supporters would view the bill as ensuring that complainants can obtain court review when the commission dismisses a complaint or denies requested relief, while opponents may see it as inviting more litigation and weakening the finality of commission decisions. Another likely dispute is whether the bill is an appropriate legislative response to the Wisconsin Supreme Court’s Brown decision, since it directly rejects the court’s narrower interpretation of who is “aggrieved.”