The Sconi

Wisconsin Attorney General Josh Kaul has issued a formal opinion regarding a new provision in the Wisconsin Constitution, which states that “[n]o individual other than an election official designated by law may perform any task in the conduct of any primary, election, or referendum.” The opinion was requested by the Dane County Corporation Counsel.

The opinion clarifies that “‘election official’ has the same meaning in the new constitutional provision as it has in the statutes,” and defines “a ‘task in the conduct of any primary, election, or referendum’” as work involving directing or leading the administration of an election. Additionally, it notes that “[t]he legislative record shows that the provision was proposed in response to the perception that a local election official had lost control of the oversight of an election.”

Attorney General Kaul further explains that “[the new provision] does not apply to more ordinary circumstances in which an election official works with or is assisted by non-election officials in ensuring the proper administration of an election.” This includes collaborations with vendors on ballot layout and printing, information technology personnel on software and hardware security, law enforcement personnel on ballot transport, and employees or volunteers assisting with mailings or other clerical tasks.

A copy of Attorney General Kaul’s opinion is available for public review.