WEC approves limited rebuttal process for nomination challenges ahead of spring 2025 election
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The Wisconsin Elections Commission on Jan. 2 approved a time-limited rebuttal process for nomination paper challenges for the spring 2025 cycle, allowing candidates to file a rebuttal on the morning of the commission’s Jan. 14 ballot-access meeting limited to factual or legal responses to the challenger’s arguments.
Attorney Woteka, advising commissioners about the spring 2025 calendar, summarized the timeline: "for the spring of 2025 election, we know that circulation nomination papers is happening from December 1st through January 7th, and the commission has already scheduled and agreed upon a time and date of January 14th, 11 am." Staff said that if a rebuttal is filed the morning of Jan. 14, staff will distribute materials in real time to commissioners and that staff routinely attempts to contact candidates immediately after a challenge is filed.
Commissioner Millis urged a clear limit on rebuttal content: "the content of any rebuttal has to be limited to factual or legal arguments made by the challenger's response. I don't think we should consider any new evidence." Commissioner Thompson moved the recommendation on page 65 of the materials, adding Millis’s clarification, and Commissioner Bridal seconded. Commissioners discussed operational safeguards: staff described a routine of calling candidates and their representatives and providing templated materials so candidates receive notice and understand the tight rebuttal timeframe. A staff member said, "we absolutely do not leave that first day because time is of the essence until we have spoken with someone."
The motion passed 5–1; Commissioner Spindel recorded the sole no vote. Chair Jacobs and staff noted the change aims to focus hearings on disputed issues and reduce surprise arguments at the meeting.
Why it matters: The rebuttal window is intended to narrow issues presented to the commission at the ballot-access meeting, improving efficiency and ensuring commissioners focus on unresolved factual or legal disputes rather than receiving new evidence at the hearing.
What’s next: Staff will implement communications and notification procedures for challenged candidates, emphasize that rebuttals are limited to responses to challenger filings, and proceed with the Jan. 14 ballot-access meeting with the clarified rebuttal process in place.
Attorney Woteka, advising commissioners about the spring 2025 calendar, summarized the timeline: "for the spring of 2025 election, we know that circulation nomination papers is happening from December 1st through January 7th, and the commission has already scheduled and agreed upon a time and date of January 14th, 11 am." Staff said that if a rebuttal is filed the morning of Jan. 14, staff will distribute materials in real time to commissioners and that staff routinely attempts to contact candidates immediately after a challenge is filed.
Commissioner Millis urged a clear limit on rebuttal content: "the content of any rebuttal has to be limited to factual or legal arguments made by the challenger's response. I don't think we should consider any new evidence." Commissioner Thompson moved the recommendation on page 65 of the materials, adding Millis’s clarification, and Commissioner Bridal seconded. Commissioners discussed operational safeguards: staff described a routine of calling candidates and their representatives and providing templated materials so candidates receive notice and understand the tight rebuttal timeframe. A staff member said, "we absolutely do not leave that first day because time is of the essence until we have spoken with someone."
The motion passed 5–1; Commissioner Spindel recorded the sole no vote. Chair Jacobs and staff noted the change aims to focus hearings on disputed issues and reduce surprise arguments at the meeting.
Why it matters: The rebuttal window is intended to narrow issues presented to the commission at the ballot-access meeting, improving efficiency and ensuring commissioners focus on unresolved factual or legal disputes rather than receiving new evidence at the hearing.
What’s next: Staff will implement communications and notification procedures for challenged candidates, emphasize that rebuttals are limited to responses to challenger filings, and proceed with the Jan. 14 ballot-access meeting with the clarified rebuttal process in place.
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