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
SB270 would change Wisconsin law governing appeals from Wisconsin Elections Commission orders in complaint cases involving election officials. Under current law, a complainant may appeal only if they are “aggrieved,” 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 stating that a complainant is considered aggrieved regardless of whether they can show such an injury.
The bill also expressly allows a complainant to appeal any Elections Commission order that dismisses the complaint or otherwise fails to grant the relief requested. In practical terms, the measure broadens access to circuit court review for people who file election-administration complaints, making it easier to challenge commission decisions that do not fully side with the complainant.
Impact
SB270 would amend s. 5.06(8) of the Wisconsin Statutes, expanding the class of complainants who may seek judicial review of Elections Commission decisions. It would remove the judicially recognized injury requirement for complainants and clarify that dismissal orders and other non-favorable commission rulings are appealable. The main affected parties are voters who file complaints, election officials subject to commission orders, the Elections Commission, and circuit courts that would hear the appeals.
Sentiment
The bill appears to have been supported by its legislative sponsors and passed the Assembly by a 54-43 vote, suggesting meaningful but not unanimous support. The available record does not include committee testimony, but the bill’s purpose indicates a favorable view among supporters toward expanding complainant rights and judicial oversight of the Elections Commission. The fact that it ultimately failed to pass notwithstanding the Governor’s objections indicates the measure was politically significant and controversial.
Contention
The central point of contention is whether a complainant should be able to appeal without showing injury to a legally recognized interest. Supporters likely view the bill as restoring or broadening access to court review after the Wisconsin Supreme Court’s Brown decision narrowed standing-like requirements for appeals. Opponents likely object to expanding litigation over Elections Commission decisions and to allowing appeals even when a complainant has not suffered a concrete legal injury, which could increase court challenges and burden election administration.
Crossfiled
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.
To Amend The Law Concerning Conduct Of Elections; And To Allow A County Board Of Election Commissioners To Designate A Restroom For Campaign Workers And Volunteers.
Terminating the secretary of state's authority to appoint election commissioners and transferring the jurisdiction, powers and duties for conducting elections in those counties with an election commissioner to the county clerk for such county.
Terminating the secretary of state's authority to appoint election commissioners and transferring the jurisdiction, powers and duties for conducting elections in counties with an election commissioner to the county clerk for such county.
An Act Concerning The Legislative Commissioners' Recommendations For Minor And Technical Revisions To The Government Administration And Elections Statutes.
Age of consent increased from 16 to 18 in criminal sexual conduct offenses involving offenders who are over 21 years of age, and criminal penalties imposed.