1. (1) The designated election official shall do all of the following:

   1. (a) Establish at least one observation area to enable observers to readily observe all public aspects of the voting process during the election without disrupting the voting process. The designated election official shall position an observer area to minimize contact between observers and voters and election officials.

   2. (b) Ensure that an observation area is not less than 3 feet nor more than 8 feet from any of the following:

      1. 1. Each table at which voters announce their names and addresses to be issued voter numbers or at which election officials announce the name of absentee voters.
      2. 2. Each table at which voters may register to vote.
      3. 3. Each table at which election inspectors remake any ballots.
   3. (c) Ensure that an observation area is accessible to observers with disabilities and includes sufficient space for mobility equipment, chairs, or other disability aids brought by an observer.

2. (2)

   1. (a) The designated election official shall maintain an observer log and shall require a member of the public intending to exercise the right to observe an election under s. 7.41, Stats., to enter the required information under s. EL 4.04 (1) into the observer log and shall ensure that the photo identification presented reasonably resembles the observer and the name entered.

   2. (b) After completing the log, the designated election official shall offer to an observer a summary of the rules governing election observers at the observable location, and inform an observer of all of the following:

      1. 1. To whom at the observable location the observer may direct questions during the day.
      2. 2. How the observer may move between observation areas throughout the day.
      3. 3. The location where a ballot may be remade, if applicable.
   3. (c) After the requirements of pars. (a) and (b) have been met, the designated election official shall provide an observer with a sticker, badge, or other item that identifies an individual as an observer and distinguishes observers from election officials and direct the observer to an area of the observable location established by the designated election official as an observation area.
   4. (d) The designated election official shall return an observer log to the municipal clerk after the election activities at an observable location have concluded.
3. (3) The designated election official shall permit an observer access to any available chair within the observable location and with the same access to restrooms available to election officials at the observable location.
4. (4) The designated election official may reasonably limit the number of observers representing the same organization who are present at any one time at an observable location due to physical limitations or the orderly administration of elections, or both. If the designated election official acts under this subsection, the designated election official shall limit observers from all organizations in a uniform manner and shall document the actions taken and the reasons therefore on a copy of an inspectors’ statement or other incident log.
5. (5) The designated election official of any observable location that is unable to accommodate the observation areas as described in sub. (1) shall record the reason the requirements were not met and shall send a copy of that record to the commission within 60 days of the election for which the observable location was active.
6. (6) An election official shall repeat, once and then at the election official’s discretion, a name or address upon request.
7. (7) In a manner established by the designated election official, election officials shall allow an observer to observe absentee ballot certificate envelopes that have been set aside to be rejected.
8. (8) An election official shall permit an observer to observe the poll lists, excluding the confidential portions of the lists maintained under ss. 6.36 (4) and 6.79 (6), Stats., at such times as election officials determine that doing so does not interfere with or distract voters under s. 5.35 (5) Stats., and does not interfere with the conduct of the election under s. 6.45 (1m), Stats.
9. (9) No election official may permit an observer to handle an original version of any official election document.
10. (10) No election official may permit an observer to observe any confidential information.

11. (11) If an observer violates a provision of this chapter or any applicable election statute, the designated election official shall, verbally or in writing, warn an observer one time to cease the offending conduct. Following a warning, the designated election official shall, if necessary, carry out the following procedures:

    1. (a) If an observer does not cease the offending conduct following a warning under this section, the designated election official may order an observer to depart from the observable location. If the designated election official is a person other than the chief inspector or municipal clerk, the designated election official shall notify the chief inspector or municipal clerk.
    2. (b) If the offending observer who is ordered to depart under par. (a) declines or otherwise fails to comply with the designated election official’s order to depart, the official may summon law enforcement to remove the offending observer consistent with s. 7.37 (2), Stats. The designated election official shall provide a written order to the observer which includes the reason for the order and the signature of the designated election official.
    3. (c) If the designated election official who has issued an order to an observer to depart has been appointed from a list provided by a political party under s. 7.30 (4), Stats., the designated election official shall offer an election official representing the opposite political party than the designated election official, if he or she is available on a timely basis, the opportunity to sign the written order and to note any concurrence or disagreement with that order. Failure of that election official to sign the written order, or the unavailability of that official to review the order in a timely fashion, does not affect the enforceability of that order.
    4. (d) If an observer is ordered to leave an observable location, an election official shall record the incident and the designated election official shall, within 60 days of the incident, provide to the commission a copy of the order and any other documentation of the incident. The designated official may use a copy of an inspectors’ statement or other incident log to comply with this subsection.

History

History: CR 24-032: cr. Register July 2025 No. 835, eff. 8-1-25; (2) title repealed under s. 13.92 (4) (b) 2., Stats., Register July 2025 No. 835.