Bill
Bill > AB268
WI AB268
WI AB268The right of appeal for complainants aggrieved by decisions of the Elections Commission concerning the conduct of election officials.
summary
Introduced
05/19/2025
05/19/2025
In Committee
10/16/2025
10/16/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
Under current law, any person eligible to vote in Wisconsin may file a complaint with the Elections Commission alleging that an election official serving the voter[s jurisdiction has failed to comply with certain election laws or has abused his or her discretion with respect to the administration of such election laws. After investigation of a complaint, current law authorizes the commission to issue an order requiring an election official to conform his or her conduct to the law, restraining an election official from taking any action inconsistent with the law, or requiring an election official to correct any action or decision inconsistent with the law. Additionally, current law authorizes any complainant who is aggrieved by an order of the commission on the complaint to appeal the commission[s decision in court. The law does not specifically define the term XaggrievedY for purposes of this right of appeal. However, in Brown v. Wisconsin Elections Commission, 2025 WI 5, the Wisconsin Supreme Court held that a complainant not receiving a favorable decision from the Elections Commission on a complaint is aggrieved, and therefore has a right to appeal that decision in court, only if the complainant has suffered an injury to a legally recognized interest as a result of the decision. This bill provides that a complainant must be considered aggrieved for purposes of that right of appeal regardless of whether the complainant has suffered an injury to a legally recognized interest and that a complainant may appeal any commission order that dismisses the complaint or otherwise does not grant the relief requested in the complaint.
AI Summary
This bill modifies Wisconsin election law to expand appeal rights for complainants who file complaints with the Elections Commission about election officials. Currently, a complainant could only appeal a commission order if they could prove they suffered a legally recognized injury. The bill changes this by allowing any complainant to appeal an Elections Commission order that dismisses their complaint or does not provide the relief they requested, regardless of whether they can demonstrate a specific legal injury. Specifically, the bill amends section 5.06(8) of Wisconsin statutes to explicitly state that a complainant is considered "aggrieved" and can appeal commission orders even without proving a direct injury. The appeal must still be filed in the circuit court for the county where the election official conducts business or where the complainant resides, and must be submitted within 30 days of the order's issuance. This change effectively broadens the grounds for appeal and makes it easier for individuals to challenge Elections Commission decisions about election official conduct.
Committee Categories
Government Affairs
Sponsors (18)
Scott Allen (R)*,
David Armstrong (R)*,
Elijah Behnke (R)*,
Lindee Brill (R)*,
Barbara Dittrich (R)*,
Joy Goeben (R)*,
Dan Knodl (R)*,
Rob Kreibich (R)*,
Clint Moses (R)*,
Dave Murphy (R)*,
Adam Neylon (R)*,
Jerry O'Connor (R)*,
William Penterman (R)*,
Jim Piwowarczyk (R)*,
Chuck Wichgers (R)*,
Robert Wittke (R)*,
Steve Nass (R),
Van Wanggaard (R),
Last Action
Laid on the table (on 11/19/2025)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/asm/bill/ab268 |
| AB268 ROCP for Committee on Campaigns and Elections | https://docs.legis.wisconsin.gov/2025/related/records/assembly/campaigns_and_elections/1922702.pdf |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/AB268.pdf |
Loading...