1. (1) A member of the public intending to exercise the right to observe an election under s. 7.41, Stats., shall notify the designated election official of that intent upon entering the observable location and shall sign the election observer log acknowledging that the observer understands the applicable rules and will abide by them. An observer shall present photo identification showing the observer’s name to the designated election official and shall legibly print the observer’s full name, street address and municipality, and the name of the organization the observer represents, if any, on the observer log. An observer is not required to be affiliated with or represent an organization. The photo identification does not need to conform to the requirements of s. 5.02 (6m), Stats.
2. (2) An observer shall comply with the designated election official’s commands or shall be subject to removal from the observable location pursuant to s. EL 4.03 (11).
3. (3) If more than one observation area is established within an observable location, an observer may move between such areas in a manner established by the designated election official.
4. (4) An observer may direct questions to the designated election official or other election officials as determined by the designated election official and communicated to observers when they sign the observer log pursuant to s. EL 4.03 (2) (b) 1.
5. (5) An observer who is an elector shall direct any challenges for cause against a voter to an election official in accordance with ss. 6.925, 6.93, and 6.935, Stats., and ch. EL 9.
6. (6) No observer may engage in any loud, boisterous, or otherwise disruptive behavior, that, in the discretion of the designated election official, threatens the orderly conduct of the election or interferes with voting or registration.
7. (7) No observer may create or transmit photographs, videos, or audio recordings of any observable location except as expressly permitted by this chapter.
8. (8) An observer shall keep conversation to a minimum and shall conduct whatever conversation is necessary at a low enough volume to minimize distraction to voters and election officials.
9. (9) No observer may engage in electioneering, as defined in s. 12.03, Stats., or post or distribute any election-related material as defined in s. 12.035, Stats.
10. (10) No observer may display the name or likeness of, or text related to, a candidate, party, or referendum position appearing on the ballot, or display text which describes, states, or implies that the observer is an election official.
11. (11) No observer may engage in any conversation concerning a candidate, party, or question appearing on the ballot.
12. (12) No observer may use a communication device inside an observer area to make an audio or video communication. Text messaging, email, and other non-audible uses of such a device are permissible except as otherwise prohibited by this chapter.
13. (13) No observer may initiate a conversation with a voter. If a voter initiates a conversation with an observer inside an observable location, except as allowed by sub. (15), the observer may briefly respond to the voter if such response does not disturb other voters or the orderly administration of the election. The observer may also refer the voter to an election official for any election related questions, and briefly explain to the voter that the observer is observing the election and is not an election official. A brief wave or greeting to an individual known to the observer does not constitute a violation of this subsection.
14. (14) An observer may communicate with the designated election official and any other election officials at the discretion of the designated election official.
15. (15) Nothing in this chapter shall be construed to prevent an observer from assisting a voter in accordance with s. 6.82, 6.87 (5), or 6.875 (6) (c) 1., Stats., provided that the voter requests the observer’s assistance.

History

History: CR 24-032: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (2), (4), (13) made under s. 13.92 (4) (b) 7., Stats., Register July 2025 No. 835.