The Wisconsin Elections Commission has taken the final step to put in place rules for election observers.
In a 5-1 vote, with only Republican Robert Spindell opposed, the commission decided to approve the rules to take effect.
Commission Attorney Brandon Hunzicker said at the meeting Thursday they would take effect July 1.
However, a representative from the Legislative Reference Bureau told WisPolitics that normally the rules take effect in the second month after they are finalized.
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The LRB said Friday afternoon Hunzincker agreed since Thursday’s meeting there is not a need to make the rules effective in July since there isn’t an election.
The rules, which have been in the works for more than two years, include proposed standards such as when events at a polling site can be recorded or what observers can do when ballots are cast in a care facility. They also lay out how poll workers can have observers removed if they violate standards and refuse to stop the offending conduct.
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Ahead of the vote, Spindell said he was concerned about the rules because, when there is a conflict, election observers wouldn’t be able to record what happens, and decisions on any offending conduct would just be one person’s word against another. He proposed another motion to add a note indicating individuals could record in the event of offending conduct.
“I think it’s worthwhile to go back to the Legislature for a proposal to take care of that problem,” Spindell said.
Staff Attorney Brandon Hunzicker clarified if the commission adopted Spindell’s motion, the rules would need to be withdrawn from the Legislature and the commission would have to restart the legislative review process with the new adjustment.
Spindell’s motion failed for lack of support. Commissioner Don Millis, another Republican appointee, said what Spindell wants would more likely be accomplished through legislation.
