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Wisconsin Election Observers: Rules and Constraints

This resource details state and federal laws that govern who can be an election observer, what they can do, and how election workers can oversee them.

Last Updated: October 1, 2024
Published: June 26, 2024
View the entire Election Observers Rules and Constraints series

Written and Published in Partnership with All Voting is Local.

Election observers, referred to as “election observers” or “observers” in Wisconsin, are individuals who monitor polling places and ballot counting sites. While observers play an important role in providing transparency, they can also be a potential source of disruption and intimidation. For this reason, all states have a series of regulations and constraints regarding who can serve as poll watchers and what they can do. Wisconsin’s rules on observers, which derive both from the state’s election code and from guidance issued by the Wisconsin Elections Commission, are:footnote1_ALrqD5EFKHVUOuyKdUUm30j5IjztGbmuktgBkxZFl0_xxqiyuV9ROSX1On September 11, 2024, the Wisconsin Elections Commission approved final draft language for EL 4 Rule Order, that would codify many of the provisions in its guidance document. At the time of publication, this rule is not set for final approval until 2025.

Appointment

Role of Observers

  • Observers may monitor the election process without causing disruption to the voting location from within an observation area, designated by the chief inspector, that is no less than three and no more than eight feet from the sign-in table.footnote7_gIUdbJedTa3jqqF3uCYmVL-UBvXJp5fysnRP2TidAGg_sACAEsZZk1it7Wis. Stat. § 7.41(2)-(3).
  • Only a qualified elector may challenge a voter’s eligibility for cause, meaning observers who are not eligible Wisconsin voters may not issue voter challenges.footnote8_7dqaEPoKDpyLNoilLQfRLkO6JS5nsFWN7Lmkjfr0U_rWnQhBMUh4uN8Wis. Stat. § 6.925; and Wis. Admin. Code § EL 9.02.More information on the rules and constraints on voter eligibility challenges can be found here. Electors who abuse the right to challenge are subject to criminal penalties or sanctions, and challenges based on a voter’s race or other identifying characteristics may violate federal law.footnote9_uSuhXVuF58jOgNzHXZ31QwB5zDD-QuIShEeTJhBy2z0_v1MMnU4417Nr9Wis. Stat. §§ 12.13(1)(b), 12.13(3)(g); and Wis. Admin. Code § EL 9.02.

Prohibited Activities

Federal and state law strictly prohibit all people, including observers, from engaging in voter intimidation. Any action that makes a voter feel intimidated, threatened, or coerced (including any effort to prevent a voter from registering to vote, voting, or voting for or against any candidate or ballot measure) could constitute voter intimidation, regardless of whether it breaks a specific rule.footnote23_H-KQW1ZPrVEhMT6iB-BDJdnRGNgvLOzQA2B3QP2sIk_sVrP8tACVtgy2318 U.S.C. §§ 241, 594; 52 U.S.C. § 10101(b); and Wis. Stat. § 12.09.More information on the federal and state laws that protect Wisconsin voters from intimidation can be found here.

Removal

End Notes