Wisconsin’s election integrity took a blow last week after Rep. Kevin Petersen (R-Waupaca) crossed party lines and voted with Democrats to allow controversial new rules governing election observers to go into effect — rules that significantly restrict transparency and weaken legislative authority over elections.
The Joint Committee for the Review of Administrative Rules (JCRAR), comprised of six Republicans and four Democrats, was considering Clearinghouse Rule 24-032, a package of administrative rules developed by the Wisconsin Elections Commission (WEC) to regulate the conduct, movement, and rights of election observers. Had all Republicans held firm, the rule could have been blocked. Instead, Petersen joined the Democrats, resulting in a 5–5 tie that allowed the rule to take effect.
Clearinghouse Rule 24-032 imposes a variety of new restrictions on election observers, many of which go far beyond current state law — and some of which critics argue could make it harder to monitor elections fairly and effectively.
Key Concerns with the New Rules
First, the new rules severely restrict the ability of observers to move within polling locations. Under the WEC rule, observers are limited to a single assigned area and may not reposition themselves to view different parts of the voting process. Yet current Wisconsin law says observers must be able to view all public aspects of voting. For instance, at an eight-foot distance, it is nearly impossible to properly monitor activities like voter ID checks or ballot adjudication.
Second, the new rules create a double standard between media and election observers. Media outlets will still be allowed to photograph and record inside polling places, but election observers will be banned from taking photographs, video, or audio recordings — even though no statute explicitly prohibits observers from doing so.
Observers assigned to monitor voting in nursing homes, a particularly sensitive area following past scandals, will also face tighter restrictions. WEC’s rule effectively ignores existing state law (§6.875(6)(b)) that gives observers the right to oversee voting activity in such facilities, treating them as polling places.
Beyond movement restrictions, the rules micromanage basic functions like restroom access and seating arrangements for observers — areas that are traditionally handled informally and without incident. Further, there are no real enforcement mechanisms if election officials improperly restrict observers, nor is there an immediate process for observers to challenge wrongful removal or obstruction.
Not All Changes Were Controversial
Some parts of the rule — such as requiring observers to show a photo ID and print their name and address in the observer log — were not the focus of major opposition. Verifying an observer’s identity is viewed by many as a reasonable precaution to protect the integrity of the process. However, opponents argued that the cumulative effect of the more restrictive measures far outweighs any improvements offered by check-in procedures.
Bipartisan WEC Leadership Supported the Rule — Despite Flaws
Both the former Democratic and Republican chairs of the WEC, Ann Jacobs and Don Millis, testified in support of the rule, acknowledging imperfections but urging lawmakers not to reject it. Millis admitted he didn’t agree with every part of the rule but argued that clarifying observer conduct via administrative rule was preferable to relying on vague statutes — especially given Wisconsin’s divided government, where passing legislation is difficult.
Millis warned that without these rules, municipal clerks retain broad discretionary powers to manage polling places, creating inconsistencies across the state. However, many legislators countered that significant election regulations should be created through legislation, not administrative rulemaking.
Republican Concerns Ignored
Rep. Adam Neylon (R-Pewaukee), who voted to object to the rule, expressed frustration that WEC bypassed the Legislature entirely:
“I feel a little bit like you didn’t even try here,” Neylon said during the hearing. “You’re choosing a rule and then telling us, ‘We can’t even work with you guys. This is what we got to do.’ And I find that a little bit insulting.”
The Assembly Committee on Campaigns and Elections, led by Rep. Dave Maxey (R-New Berlin) had already voted 5–2 to object to the rule earlier this year, citing concerns that it expanded the WEC’s authority beyond what the Legislature intended.
The Bottom Line
Ultimately, Wisconsin voters deserve election rules made by their elected representatives — not unelected bureaucrats. By voting with Democrats to allow Clearinghouse Rule 24-032 to take effect, Rep. Kevin Petersen helped shift critical election oversight power from the Legislature to an administrative agency.
At a time when election integrity and transparency are paramount, Wisconsin should be moving toward greater accountability, not away from it.
