Public Rights Project (PRP) recently filed a comment with the Wisconsin Attorney General on behalf of a coalition of current election officials. The comment supports Dane County’s request for a legal opinion providing guidance on the proper interpretation of Wisconsin’s new constitutional provision, Article III § 7(2), which has caused confusion and concern among Wisconsin clerks. PRP’s Election Protection Hub seeks to ensure a clear and narrow interpretation of Article III § 7(2) that allows local election officials to continue to do their jobs and effectively administer elections.
Signatories are municipal clerks serving the City of Green Bay, City of Janesville, City of Lake Geneva, City of Madison, City of Milton, City of Milwaukee, City of Oconomowoc, City of Oshkosh, City of Sun Prairie, City of Wausau, City of West Bend, Town of Clayton, Town of Exeter, Town of Omro, Town of Vermont, Town of Woodruff, Village of Cottage Grove, and Village of Greenville.
Article III § 7(2) of the Wisconsin Constitution—enacted through a referendum on the April presidential primary ballot—prohibits any “individual other than an election official designated by law” from “perform[ing] any task in the conduct of any primary, election, or referendum.” The stated purpose of the amendment was to ensure that election officials retain control over the conduct of elections and do not delegate that authority to unaccountable third parties. But because of the vague language of the amendment, clerks fear the amendment could be misinterpreted to prohibit them from obtaining essential products and services from vendors, volunteers, and other government agencies, rendering effective election administration nearly impossible.
Running an efficient, secure, and safe election takes more than a village, a town, a city, or a county. Clerks rely on other government agencies, vendors, and volunteers for a wide variety of products and services. Many clerks’ offices contract with voting machine vendors to provide real-time technical assistance on Election Day, rely on law enforcement for transportation of sealed ballots, or enlist volunteers and city employees to help set up tables and voting booths at polling locations. To prepare for elections, clerks may also participate in trainings about best practices conducted by experts, seek legal advice from attorneys, or consult about technology security with the county and private IT experts, none of whom are sworn election officials. The PRP comment argues that these interactions are necessary to ensure that elections run smoothly and securely and should be permitted under a proper interpretation Article III § 7(2). It further argues that without guidance from the Attorney General, uncertainty about the provision will undermine the administration of this year’s primary and general elections.
