1. (1) Definitions.

   1. (a) All applicable definitions from s. EL 2.05 (1) are incorporated into this section.
   2. (b) In this section, “declaration of candidacy” means a document that meets the requirements of s. 8.21, Stats., and is filed by any candidate, except a presidential elector, seeking local, state, or federal office.

2. (2) Filing of declaration of candidacy.

   1. (a) Candidate responsibility. Each candidate for public office has the responsibility to assure that his or her declaration of candidacy is prepared, sworn, signed and filed in compliance with statutory and other legal requirements. A candidate may file his or her declaration of candidacy by proxy.
   2. (b) Physical possession. In order to be timely filed, a declaration of candidacy shall be in the possession of the filing officer by the statutory deadline. Emailed or faxed copies of a declaration of candidacy will be accepted pursuant to s. EL 6.04 (2) and (3). An amended declaration of candidacy filed pursuant to s. 8.21 (6), Stats., does not make the declaration of candidacy untimely filed so long as the original declaration of candidacy was filed by the statutory deadline.

3. (3) Sufficiency of declaration of candidacy, general.

   1. (a) Reviewing the declaration of candidacy. The filing officer shall review a declaration of candidacy filed with him or her to determine the facial sufficiency of the declaration filed. Nothing in this paragraph shall constitute a defense against a challenge to the sufficiency of a declaration of candidacy. Facial review completed by a filing officer before the filing deadline is done as a courtesy only and does not bind a filing officer to a final determination of ballot access.
   2. (b) Presumption of validity. Any facially sufficient information which appears on a declaration of candidacy is entitled to a presumption of validity.
   3. (c) No correcting affidavits. Errors in information contained in a declaration of candidacy may only be if the candidate or their proxy files an amended declaration of candidacy. A declaration of candidacy cannot be amended by filing a correcting affidavit.
   4. (d) Missing information. The declaration of candidacy shall contain all of the information required by s. 8.21, Stats. If it does not, the filing officer shall not accept it. If the declaration of candidacy is not accepted by the filing officer, the filing officer shall contact the candidate to inform them of that fact as well as to provide the reason it could not be accepted. This paragraph does not apply if there are errors in the sworn certification made before any officer authorized to administer oaths.

4. (4) Sufficiency of declaration of candidacy, certification information.

   1. (ag) Definition. In this subsection, “certification information” means the candidate’s name and the official name of the office sought.
   2. (ar) Candidate name. A candidate shall provide their name in the form specified under s. 8.10 (2) (b), Stats., for candidates for nonpartisan office or s. 8.15 (5) (a) or 8.20 (2) (a), Stats., for candidates for partisan office.

   3. (b) Office sought. A candidate shall provide the named office required by s. 8.21 (2) (a), Stats. The named office shall include the district, branch, or seat number, as follows:

      1. 1. ‘Legislature.’ For legislative offices, the named office shall include the title and district number.
      2. 2. ‘District attorneys.’ For district attorneys, the named office shall include the title and the county.
      3. 3. ‘Circuit court judges.’ For circuit court offices, the named office shall include the title, county, and branch number.
      4. 4. ‘Municipal offices.’ For municipal and school board offices, the named office shall include the title and any district seat number.

5. (5) Sufficiency of candidate address and name on ballot.

   1. (a) Address. State and local candidates shall provide their residential address and municipality for voting purposes. The residential address shall include the street and number, and cannot be a post office box or other address at which the candidate does not reside. This information is not required for federal offices.
   2. (b) Name on ballot. A candidate shall include their name in the form in which it will appear on the ballot. The candidate’s preferred ballot name cannot contain the word “incumbent,” include a professional title, or include an attempt to manipulate the electoral process. An intended name containing a nickname or initial, middle name, or former legal surname is permitted, provided that it does not include quotation marks or parentheses.

History

History: EmR2408: emerg. cr., eff. 7-1-24; CR 25-046: cr. Register January 2026 No.841, eff. 4-1-26; renum. (1) to (1) (a), (b) under s. 13.92 (4) (b) 1., Stats., correction in (1) (a), (b), (2) (b), (3) (a), (d) under s. 35.17, Stats., renumber (4) (intro.), (a) to (4) (ag), (ar) under s. 13.92 (4) (b) 1., Stats., (4) (ag) title created under s. 13.92 (4) (b) 2., Stats., correction in (4) (ag), (ar), (b) made under s. 35.17, Stats., Register January 2026 No. 841.