1. (1) Definitions.

   1. (a) All definitions set forth in s. EL 2.05 are incorporated herein by reference.

   2. (b) In this section:

      1. 1. “Business day” means any calendar day except Saturday and Sunday, and except the following business holidays: New Year’s Day, Martin Luther King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas.
      2. 2. “Challenge” means that filing before a filing officer made by a person or organization contesting the legal validity of a candidate’s nomination papers.
      3. 3. “Challenger” means the person or organization filing a challenge.
      4. 4. “Rebuttal affidavit” means an affidavit submitted by a challenger addressing those arguments or facts raised by the challenged candidate in the candidate’s response to the challenge.
      5. 5. “Rebuttal” means a filing or submission by the challenger addressing those arguments raised by the challenged candidate in the candidate’s response to the challenge.
      6. 6. “Response” means a filing or submission by a challenged candidate to rebut the allegations made in a challenge.
      7. 7. “Verified” means a document that is sworn to before a person authorized to administer oaths or declared pursuant to s. 887.015, Stats.
2. (2) Challenge filed with filing officer. Any challenge to the validity of nomination papers brought under this section shall be filed with the appropriate filing officer by the challenger or by the challenger’s proxy or legal representative. The filing officer shall apply the standards in s. EL 2.05 to determine the validity of nomination papers with the exception of s. EL 2.05 (4) (b). The filing officer shall make filed nomination papers available for public inspection, either physically or electronically, within 1 business day of when they are filed.

3. (3) Procedure and Timeline.

   1. (ag) Generally. This subsection contains the exclusive procedure by which administrative challenges to nomination papers may be brought before the filing officer. Pursuant to s. 227.27 (1), Stats., it is the manifest intent of the commission that s. 990.001 (4), Stats., does not apply to the deadlines in this subsection.
   2. (ar) Form of challenges to nomination papers. A challenge is a short, plain statement of the basis upon which the challenger seeks to invalidate any signatures on one or more nomination papers. All factual allegations upon which the challenge relies shall be verified by one or more persons who certify that they possess personal knowledge of the facts alleged therein. Individuals other than the challenger may support a challenge with sworn affidavits or declarations pursuant to s. 887.015, Stats. A brief or summary of the legal standards applicable to a challenge and their application to the alleged facts may be filed simultaneously with, or as a part of, the challenge and any affidavits or declarations pursuant to s. 887.015, Stats. The brief or summary need not be verified, but if it is prepared by an attorney, that attorney shall sign the brief and that signature shall meet the requirements of s. 802.05, Stats.
   3. (b) Deadlines for filing a challenge. Any challenge shall be filed by 5 p.m. on the 3rd calendar day after the filing deadline for the challenged nomination papers. The challenge shall be in the physical or electronic possession of the filing officer by 5 p.m on the challenge deadline. If a challenge is submitted on a Saturday, Sunday, or legal holiday, it shall be submitted via facsimile transmission or electronic mail. Challenges received after 5 p.m. on the challenge deadline shall not be accepted.

   4. (c) Filing challenges to nomination papers.

      1. 1. ‘Filing challenges electronically to nomination papers.’ A challenger may choose to file a challenge electronically. The filing officer will make instructions for filing challenges electronically publicly available no less than 24 hours before the challenge deadline. Challenges that are filed electronically shall conform to those instructions. If the challenge and all supporting materials are filed in electronic form, the filing officer shall electronically transmit a copy of the challenge to the challenged candidate no later than 4 hours after the deadline for filing of the challenge complaint.
      2. 2. ‘Filing challenges in paper form to nomination papers.’ If the challenge and supporting materials are filed in paper form, the filing officer shall deliver a copy to the challenged candidate, either in paper or electronic form, no later than noon the day after the challenge is filed.
      3. 3. ‘Required notice to candidate.’ Regardless of how a nomination paper challenge is filed, the filing officer shall also provide the challenged candidate with a copy of the challenge, notice of the response deadline, notice of how and when the challenged candidate may file rebuttal, as well as notice that the procedures governing nomination paper challenges are governed by this chapter.
   5. (d) Clear, convincing, and satisfactory evidence. The challenge shall be established by clear, convincing, and satisfactory evidence, presented in the sworn challenge, an accompanying affidavit, or exhibits, which demonstrate that the nomination papers are not substantially compliant. The filing officer shall review the evidence submitted when deciding the challenge.
   6. (e) Candidate response. A response to a challenge is a short, plain statement of the basis upon which the challenged candidate asserts that any challenged signatures on one or more nomination papers, or the nomination papers themselves, are valid. All factual allegations upon which the response relies shall be verified by one or more persons with personal knowledge of the facts alleged therein. Individuals other than the challenged candidate may support a response with additional affidavits. A brief or summary of the legal standards applicable to the challenged signatures or pages and the application of those legal standards to the alleged facts may be filed simultaneously with the response and any affidavits. The brief or summary need not be verified, but if it is prepared by an attorney that attorney shall sign the brief and that signature shall meet the requirements of s. 802.05 (1), Stats.
   7. (f) Candidate response deadline. If the challenged candidate elects to file a response to the nomination papers, that response shall be filed by the candidate challenged by 5 p.m. of the 3rd calendar day after the date the challenge was filed. The response shall be in the physical or electronic possession of the filing officer by 5 p.m. of the response deadline. If a response is submitted on a Saturday, Sunday, or legal holiday, it shall be submitted via facsimile transmission or electronic mail. Responses received after 5 p.m. on the response deadline shall not be accepted. If the challenged candidate elects to file a response and any correcting affidavits electronically, the filing officer shall electronically transmit a copy of those materials to the challenger within 4 hours of the deadline for filing those materials; if the challenge and supporting materials are filed in paper form, the filing officer shall deliver a copy to the challenger, either in paper or electronic form, no later than noon the day after those materials are filed.
   8. (g) Challenger rebuttal. If a challenged candidate files a response and one or more correcting affidavits, the challenger may file a short rebuttal brief and one or more rebuttal affidavits. If the challenger elects to file a rebuttal brief and rebuttal affidavits, those materials shall be filed by the challenger within 24 hours of the filing officer’s transmission of the response or correcting affidavits. Whenever the rebuttal deadline in this paragraph would occur after 10 a.m. on the deadline for the filing officer to certify the names of candidates to appear on the ballot, the deadline to file the rebuttal is 10 a.m. on that day. A rebuttal brief need not be verified, but if it is prepared by an attorney, that attorney shall sign the brief and that signature shall meet the requirements of s. 802.05, Stats. The rebuttal brief and rebuttal affidavits shall be in the electronic possession of the filing officer within 24 hours from the filing officer’s transmission of the response and any correcting affidavits. Any rebuttal brief and any rebuttal affidavits shall be submitted via facsimile transmission or electronic mail. Paper copies of rebuttal briefs and rebuttal affidavits will not be accepted. Rebuttal briefs and rebuttal affidavits received after the applicable deadline shall not be accepted.
   9. (h) Filing officer decision. After the deadline for filing any rebuttal brief and rebuttal affidavits, but not later than the date for certifying candidates to the ballot, the filing officer shall decide the challenge. The filing officer may, in the officer’s discretion, elect to hold a hearing if the filing officer determines that a hearing would assist him or her in the adjudication of the challenge. The filing officer is not required to hold a hearing.
   10. (i) Hearing. If the filing officer elects to hold a hearing, the procedures for the hearing shall accord with this paragraph. The hearing shall be noticed in advance in compliance with s. 19.84, Stats., and shall be open to the public in compliance with ss. 19.83, 19.88, 19.89, and 19.90 Stats. The filing officer shall conduct the hearing in a manner that affords the same offered rights and opportunities to all parties. If the filing officer elects to accept oral presentations from the parties or their assigned representative, the same opportunity shall be afforded to all parties. Factual evidence being offered as oral testimony shall not be received at a hearing unless the filing officer elects to swear in witnesses, in which case all witnesses shall be sworn in.
   11. (j) Deadlines in case of filing extension. In the event an extension is necessary for any office pursuant to s. 8.10 (2) (a), 8.15 (1), or 8.20 (8) (a), Stats., the deadlines in pars. (b), (f), and (g) do not apply. Instead, the filing officer shall calculate the deadlines for the challenge, response, and rebuttal under this paragraph. Pursuant to s. 227.27 (1), Stats., it is the manifest intent of the commission that s. 990.001 (4), Stats., does not apply to the deadlines in this paragraph. The filing officer shall calculate the total number of hours between the extended filing deadline and 10 a.m. on the day of the deadline for the filing officer to certify the names of candidates to the ballot. The filing officer shall then divide that number by 2 so that there is an equal number of hours allotted to file a challenge and file a response. From each of these totals, the filing officer shall subtract an equal number of hours to form a rebuttal deadline, which shall not exceed 24 hours. The filing officer shall communicate the deadlines to the public by all reasonable methods as soon as they know an extension will be necessary. The communication shall include the specific office that was extended, and shall specify that the extension challenge deadlines are for that office only.
4. (4) Burdens. The initial burden is on the challenger to establish any deficiency in the challenged candidate’s nomination papers. If the challenger makes an initial showing by clear, satisfactory and convincing evidence that establishes one or more of the challenged candidate’s nomination papers is deficient, the burden shifts to the challenged candidate to establish the validity of their nomination papers by clear, satisfactory and convincing evidence.

5. (5) Basis for challenges.

   1. (ag) Generally. A challenge to the validity of nomination papers may be brought on one or more of the grounds in this subsection. The challenge shall specify one or more of the following ground or grounds:
   2. (ar) Signature line. Any aspect of individual signature lines of signers may be challenged, including the form of the signature itself, the information provided by the signer, the signer’s eligibility to sign the nomination paper, and the fact that a signer signed one candidate’s nomination papers more than once or signed the nomination papers of more than one candidate for the same office. The filing officer shall rely upon s. EL 2.05 when determining challenges to signature line. If a challenger establishes that the information provided by a signer is not substantially compliant, the signer’s signature may not be counted. The invalidity or disqualification of one or more signatures by a signer on a nomination paper does not necessarily affect the validity of any other signatures by signers on that nomination paper.
   3. (b) Header. Any aspect of the header of the nomination paper, as defined by s. EL 2.05 (1) (m) may be challenged. The filing officer shall rely upon s. EL 2.05 when determining challenges to the header. If the filing officer sustains a challenge to the header of a nomination paper, none of the signatures on that page may be counted.
   4. (c) Circulation. Any aspect of how a candidate circulated their nomination papers may be challenged. A challenge may be brought against any aspect of how a qualified circulator circulated a candidate’s nomination papers, including the signature, date of signature, certification, or eligibility of the qualified circulator. A challenge brought against the certification includes a challenge that a qualified circulator did not comply with any of the statements contained within the certification. The filing officer shall rely upon s. EL 2.05 when determining challenges to the qualified circulator of nomination papers. If the filing officer sustains a challenge to the circulation of the nomination papers, none of the signatures on that page may be counted.
   5. (d) Filing. Any aspect of how a candidate filed their nomination papers may be challenged. If the filing officer sustains a challenge to how the nomination papers were filed, none of the signatures on any of the filed pages may be counted.
6. (6) Decision of filing officer. If the filing officer elects not to hold a hearing, the filing officer shall promptly issue a written decision on the challenge and a signed order memorializing their disposition of the challenge not later than the date for certifying candidates to the ballot. If the filing officer elects to hold a hearing and announces an oral ruling during that hearing, any party seeking to appeal from the filing officer’s adjudication of a challenge decided at the hearing may submit a proposed order, memorializing the filing officer’s ruling, to the filing officer for adoption and signature. The filing officer shall promptly transmit all signed orders to the challenger and the challenged candidate electronically. The filing officer may draft and sign their own order rather than using a version proposed by any party.
7. (7) Appeal. Any order of a local filing officer disposing of a challenge may be appealed to the commission pursuant to s. 5.05 or 5.06, Stats. Pursuant to s. 227.27 (1), Stats., it is the manifest intent of the commission that s. 990.001 (4), Stats., does not apply to the deadlines in this subsection. The party aggrieved by the filing officer’s decision shall notify the commission of its intent to appeal within 48 hours of receipt of the filing officer’s signed order. The commission administrator, in consultation with the commission chair, shall establish a briefing schedule that will allow for commission decision before the deadlines for ballot printing. Any signed order of the commission disposing of a challenge or adjudicating an appeal from a local filing officer’s order disposing of a challenge may be appealed to a circuit court pursuant to s. 5.06 (8), Stats.

History

History: Emerg. cr. 8-9-74; cr. Register, November, 1974, No. 227, eff. 12-1-74; emerg. r. and recr. eff. 12-16-81; emerg. r. and recr. eff. 6-1-84; cr. Register, November, 1984, No. 347, eff. 12-1-84; emerg. am. (1), (4) to (6), eff. 6-1-86; am. (1), (4) to (6), Register, November, 1986, No. 371, eff. 12-1-86; r. and recr. Register, January, 1994, No. 457, eff. 2-1-94; CR 00-153: am. (2) (a) and (b), Register September 2001 No. 549, eff. 10-1-01; reprinted to restore dropped copy in (2) (b), Register December 2001 No. 552; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register April 2008 No. 628; correction in (1), (2) (b) made under s. 13.92 (4) (b) 6., Stats., and correction in (1), (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 25-064: r. and recr. Register January 2026 No. 841, eff. 4-1-26; renumber (1) (intro.) to (1) (a), (b) and renumber (3) (intro.), (a) to (3) (ag), (ar) under s. 13.92 (4) (b) 1., create (3) (ag) (title) under s. 13.92 (4) (b) 2., Stats., correction in (3) (ag), (b), (f), (g), (i), (j) made under s. 35.17, Stats., correction in (3) (i) made under s. 13.92 (4) (b) 7., Stats., renumber (5) (intro.), (a) to (5) (ag), (ar) under s. 13.92 (4) (b) 1., Stats., create (5) (ag) (title) under s. 13.92 (4) (b) 2., correction in (5) (b) made under s. 35.17, Stats., and correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register January 2026 No. 841.