Legislative rules committee hears testimony on rules for election observers

Voters cast their ballot in a polling place just blocks from the state Capitol in Madison, Wis. | Photo by Henry Redman
The Wisconsin Legislature’s Joint Committee for the Review of Administrative Rules (JCRAR) heard testimony Monday on a proposed set of rules to guide the conduct of election observers.
Over the last few elections, the observation process of elections has become more popular — and more polarizing — as Republicans have grown increasingly skeptical of the election process since President Donald Trump’s baseless allegations of fraud in the 2020 presidential contest.
The rule, proposed by the Wisconsin Elections Commission (WEC), provides more detail for what observers are allowed to do and where they are allowed to position themselves at polling places, and lays out the process for how an unruly observer can be removed. The rule’s final text was created with input from an advisory committee consisting of representatives of major and minor political parties, election clerks, disability rights groups and right-wing election conspiracy groups.
The two most recent WEC chairs, Ann Jacobs, a Democrat, and Don Millis, a Republican, opened the testimony with each saying they have individual quibbles about the rule but the final text is the result of two years of consensus building and that legislators shouldn’t reject the rule because it isn’t perfect.
Millis said that the current statute guiding election observers is vague and this rule is the best chance of clarifying regulations to protect the rights of voters and observers because passing new legislation into law is challenging under the state’s divided government, with Republicans in control of the Legislature and a Democratic governor.
“In the end, we can debate about whether the rule provides enough latitude or protection for observers, I agree,” Millis said. “I don’t agree with everything in the rule, but I don’t want the perfect to be the enemy of the good. Without this rule, municipal clerks have wide ranging authorities to manage polling places as they see fit. There’s no reasonable argument that observers are better off without this rule. Now certainly the Legislature could come up with an improved observer statute through legislation, but of course, that has to be signed into law. And there’s the rub.”
Earlier this year, Republicans in the Assembly voted against an emergency rule that was broadly identical to the permanent rule being considered on Monday. In the hearing, Rep. Adam Neylon (R-Pewaukee) complained that legislators were not involved earlier in the rulemaking process.
“I feel a little bit like you didn’t even try here,” Neylon said. “You didn’t even try to do legislation. You’re choosing a rule and then telling us, ‘We can’t even work with you guys. This is what we got to do.’ And I find that a little bit insulting.”
Despite the inclusion of election skeptics on the advisory committee process, much of the testimony in the more than three-hour hearing came from election conspiracy theorists who oppose the rule’s adoption. One opponent of the bill said there needed to be observers at Wisconsin’s central count location for tabulating election results because the internet routers that transmit the results are manufactured by the “Chinese Communist party.”
Wisconsin’s election results are tabulated at the local and county levels, not by the state, and while unofficial results get sent over the internet, official results are determined using the physical tapes obtained from the voting machines.
Former state Rep. Janel Brandtjen, who was one of the Legislature’s most prominent election deniers, complained that when she has tried to observe voting in the past, she’s been denied access because limited seats are taken up by people “playing Candy Crush all day.”
Brandtjen also talked about Janet Angus, a Green Bay woman who was charged with disorderly conduct after berating a woman who was attempting to return her husband’s absentee ballot during the April 2022 election. Angus, the Wisconsin Examiner reported, was involved in a Republican effort to influence the Green Bay mayoral election through a lawsuit against the city’s use of audio recording equipment in its security system.
Brandtjen also objected to the rule’s provisions that treat members of the news media differently than observers — mostly by allowing them to take videos and photos inside polling places. Brandtjen said she found that “distasteful.” Jacobs explained that allowing the public to learn about the voting process through the media is important and allowing reporters to do their jobs is necessary.
“We balanced the First Amendment right of the press with the limitations we’re putting on observers, and we felt that was a reasonable accommodation,” Jacobs said.
Elections commissioner Robert Spindell, a Republican, voted against the rule’s passage when the commission considered it and testified against its passage on Monday. Spindell said he was against the rule because it doesn’t allow observers to record video or audio at polling places, which he said would allow clerks to remove observers from polling sites without the observers being able to protect themselves.
Rep. Lee Snodgrass (D-Appleton) said that as members of the committee were talking about large portions of the public being skeptical of election results, it was “beyond the pale” that Spindell would be testifying to the committee because of his involvement in the fake electors scheme to overturn the results of the 2020 election.
“Honestly, when members of this committee are talking about people still being concerned about election integrity, and we have somebody testifying who was a part of trying to overturn the 2020, election, I mean, if ever there was an unreliable witness on anything, I feel that that person is sitting in front of us today in this committee,” Snodgrass said.
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