The Joint Committee for Review of Administrative Rules has deadlocked on a package of proposed standards for election observers, a move that could clear the way for the rules to take effect later this year.
Assembly Speaker Pro Tempore Kevin Petersen, R-Waupaca, joined the four committee Dems in voting against a motion to object to the rules yesterday.
The office of Co-chair Steve Nass, R-Whitewater, said the committee retains authority over the proposed rules through May 11. If JCRAR takes no further action, the package would go back to the Elections Commission to move forward with implementation.
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“It is up to Rep. Petersen to decide if he has any room to change his position on this,” said Nass aide Mike Mikalsen.
Petersen didn’t immediately respond to a request for comment on yesterday’s paper-ballot vote.
The role of election observers has become increasingly contentious, particularly since the 2020 election, as some Republicans have complained they have been denied adequate access to the activities at polling sites and central count locations. Others contend those observers don’t understand the limits state law places on what they are able to view as voters check in and cast their ballots.
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.
Some Republicans complained the package didn’t include any penalties for local election officials who failed to comply and blocked observers from viewing activities they’re allowed to see. But Commission Chair Ann Jacobs, a Dem appointee, and Don Millis, a GOP member, pointed out in legislative hearings that the agency didn’t have the power to impose such penalties. That can only be done through legislation.
An Assembly committee earlier this year voted 5-2 along party lines to encourage JCRAR to block the rules. That made yesterday’s vote somewhat of a surprise.
Mikalsen predicted legal challenges to the package if it goes into effect.
But Jacobs said in a phone interview she’s confident the rules meet legal muster and was delighted the motion to object failed.
“The commission worked for several years to come up with a bipartisan rule that could be adopted by the commission with the input of all the various players,” she said. “We really felt this rule was the best solution that we could come up with, and Commissioner Millis and I testified multiple times about the fact that while we are not politically aligned, we both are in favor of this rule.”
