When the Wisconsin Elections Commission started considering new rules for election observers earlier this year, they formed an advisory committee made up of representatives from both major parties, nonpartisan clerks from across the state, and right-wing activists who questioned the legitimacy of the 2020 election. This committee, which met for over 12 hours in total across two meetings, had a significant presence of organizations like True the Vote and the Wisconsin Election Integrity Network, which have perpetuated conspiracy theories about voter fraud.
The committee meetings addressed important questions about how election administrators should handle supporters of a candidate accused of conspiring to overturn election results. With Wisconsin being a crucial swing state in the 2024 presidential election, rules for election observers could play a significant role, particularly if the GOP nominates a candidate who claims the election was stolen.
The committee members, while low-key and bureaucratic during the meetings, sought extensive authority to monitor voters across the state. This included allowing observers to stand close to check-in tables, potentially compromising voters’ personal information, giving observers freedom to move around polling places, and granting access to retirement home residents’ bedrooms. Representatives from the Democratic Party and public interest groups pushed back on these proposals, as reflected in the draft rule created at the committee’s first meeting, which showed a lack of consensus on many issues.
Despite the disagreements, committee members believed it was important to include organizations that questioned the legitimacy of the previous election. Their focus was on the behavior of observers at the polls rather than their beliefs. The existing Wisconsin law on election observers is limited in its details, leaving it up to municipal clerks to interpret and enforce the law. This lack of formal rules has led to concerns about voter intimidation and suppression by observers.
The contentiousness surrounding the 2020 election and Trump’s false claims of voter fraud have fueled interest in observers searching for evidence to support these claims. Organizations like True the Vote and the Election Integrity Network have played a role in these efforts and have connections to Trump and his allies.
Despite the divisive nature of the 2020 election, the advisory committee managed to find common ground on some issues. They agreed that observers should be allowed to greet people in polling places, a practice that had previously resulted in observers being removed. They also discussed the right of observers to access chairs and bathrooms in polling places.
Overall, the committee’s meetings shed light on the challenges of creating rules for election observers and managing the input from individuals and organizations with differing views on the legitimacy of election results. With Wisconsin’s importance as a swing state, these rules will continue to be significant in future elections.
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