Common Cause Wisconsin Statement to JCRAR regarding Election Observer Rule

For release: Monday - April 21, 2025

Statement from Common Cause Wisconsin to the Joint Committee for Review of Administration Rules regarding Wisconsin Election Commission Rule on Election Observers, CR 24-032

TO: Members of the Joint Committee for Review of Administrative Rules

FROM: Jay Heck, Executive Director of Common Cause in Wisconsin

DATE: April 21, 2025

RE: Statement from Common Cause Wisconsin on Wisconsin Election Commission Rule on Election Observers, CR 24-032

Common Cause Wisconsin (CC/WI) supports the Wisconsin Elections Commission (WEC) Rule on Election Observers, CR 24-032, which establishes much needed clear rules and standards for election observers. Founded in 1970, CC/WI is the state’s largest non-partisan citizens political reform advocacy organization with more than 9,000 members and activists in every county in Wisconsin.

Common Cause Wisconsin has recruited volunteer observers over many years and for several election cycles to be able to have our members observe and monitor the election process at polling locations throughout the state. CC/WI members have long been eager to be part of Wisconsin Election Protection programs in many different capacities, but they have particularly emphasized the value and importance of being trained as nonpartisan election observers by the League of Women Voters of Wisconsin for Election Day. 

Common Cause Wisconsin was an active participating member of the WEC Election Observer Advisory Committee assisting with the development of the rule which occurred over a nearly two-year period with extensive input and involvement from many different stakeholders from across the ideological spectrum. WEC Commissioners ultimately adopted the rule by a very strong bipartisan 5 to 1 vote. 

Why is this rule so important and why is it essential for Wisconsin?

Because election observers need clear rules in order to carry out their tasks effectively and fairly at polling locations. Having this rule in place will help ensure the safety of voters, observers, and election officials. The rule seeks to benefit observers but will also preserve and enhance access to the election process, and help improve transparency, security, and confidence in Wisconsin’s elections. The rule strikes a careful and important balance between the election officials being able to carry out their jobs, an observer’s access and ability to be able to view the voting process, and a voter's right to privacy and confidentiality while casting a ballot. 

The rule is also comprehensive and responsive to the many concerns members of the advisory committee named specifically during the meetings. These areas include the use of recording equipment, how observers can interact with voters and election officials while in the polling place, respecting a voter’s right to privacy and the handling of confidential information, an observer’s role when working with Special Voting Deputies, the safety and authority of election officials and chief inspectors, and maintaining an open and transparent process that is observable. The rule ensures the basic needs of election observers are met, such as access to restrooms, access to the voting process without interfering with election officials and voters, and receiving disability-related accommodations.

Common Cause Wisconsin recognizes the challenging task the WEC staff faced in compiling public comments together with feedback of the advisory committee with various nonpartisan organizations and active political parties in the state who often work with election observers. The WEC staff and commissioners spent many hours facilitating the advisory committee, considering and incorporating outside input from individuals and organizations, and having honest and candid discussions about how to improve the role of the election observer. The commissioners should be commended for finding common ground embodied in the submitted rule, and completing the process which fulfills WEC’s obligation to promulgate rules under that statute. As a result, this rule reflects fairness with clear, applicable expectations of election observers.

On March 11th, the Assembly Campaigns and Elections Committee voted 5-2 to reject the rule not for substantive reasons, but for reasons cited that they would like to address some concerns regarding election observation through legislation. Both routes can be taken. Passing the rule does not interfere with legislative actions, but having this rule in place now will provide observers and election officials much needed clarity while the legislature considers statutory changes. However, rejecting this rule allows chaos and uncertainty to continue in polling places for voters, election officials, and election observers. It would be beneficial to pass the rule and then work on the legislation they seek to change or update the statutes. 

Observers, voters, and election officials rely on clear information from the WEC and the Wisconsin legislature. Common Cause Wisconsin supports CR 24-032 - Rule on Election Observers as written, and requests that the Joint Committee for Review of Administrative Rules adopt the rule. Establishing clear rules and standards for election observers across the state will help improve citizen confidence in the voting process and help observers in their important role of witnessing the election process.

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Jay Heck

608/512-9363 (cell)

Common Cause in Wisconsin
152 Johnson St, Suite 212
Madison, WI 53703