Current through August 26, 2024
(1) The elections
commission shall review any verified complaint concerning the sufficiency of
nomination papers of a candidate for state office that is filed with the
elections commission under ss.
5.05 and
5.06, Stats.; and the local
filing officer shall review any verified complaint concerning the sufficiency
of nomination papers of a candidate for local office that is filed with the
local filing officer under s.
8.07, Stats. The filing officer
shall apply the standards in s.
EL 2.05 to
determine the sufficiency of nomination papers, including consulting extrinsic
sources of evidence under s.
EL 2.05(3).
(2)
(a) Any
challenge to the sufficiency of a nomination paper shall be made by verified
complaint, filed with the appropriate filing officer. The complainant shall
file both an original and a copy of the challenge at the time of filing the
complaint. Notwithstanding any other provision of this chapter, the failure of
the complainant to provide the filing officer with a copy of the challenge
complaint will not invalidate the challenge complaint. The filing officer shall
make arrangements to have a copy of the challenge delivered to the challenged
candidate within 24 hours of the filing of the challenge complaint. The filing
officer may impose a fee for the cost of photocopying the challenge and for the
cost of delivery of the challenge to the respondent. The form of the complaint
and its filing shall comply with the requirements of ch. EL 20. Any challenge
to the sufficiency of a nomination paper shall be filed within 3 calendar days
after the filing deadline for the challenged nomination papers. The challenge
shall be established by affidavit, or other supporting evidence, demonstrating
a failure to comply with statutory or other legal requirements.
(b) The response to a challenge to nomination
papers shall be filed, by the candidate challenged, within 3 calendar days of
the filing of the challenge and shall be verified. After the deadline for
filing a response to a challenge, but not later than the date for certifying
candidates to the ballot, the elections commission or the local filing officer
shall decide the challenge with or without a hearing.
(3)
(a) The
burden is on the challenger to establish any insufficiency. If the challenger
establishes that the information on the nomination paper is insufficient, the
burden is on the challenged candidate to establish its sufficiency. The
invalidity or disqualification of one or more signatures on a nomination paper
shall not affect the validity of any other signatures on that paper.
(b) If a challenger establishes that an
elector signed the nomination papers of a candidate more than once or signed
the nomination papers of more than one candidate for the same office, the 2nd
and subsequent signatures may not be counted. The burden of proving that the
second and subsequent signatures are that of the same person and are invalid is
on the challenger.
(c) If a
challenger establishes that the date of a signature, or the address of the
signer, is not valid, the signature may not be counted.
(d) Challengers are not limited to the
categories set forth in pars. (a) and (b).
(4) The filing officer shall examine any
evidence offered by the parties when reviewing a complaint challenging the
sufficiency of the nomination papers of a candidate for state or local office.
The burden of proof applicable to establishing or rebutting a challenge is
clear and convincing evidence.
(5)
Where it is alleged that the signer or circulator of a nomination paper does
not reside in the district in which the candidate being nominated seeks office,
the challenger may attempt to establish the geographical location of an address
indicated on a nomination paper, by providing district maps, or by providing a
statement from a postmaster or other public official.
