Wisconsin’s election transparency took a major hit after Republican Rep. Kevin Petersen (R-Waupaca) crossed party lines last week to support a controversial rule change from the Wisconsin Elections Commission (WEC).
His vote allowed new restrictions on election observers to take effect — rules critics say limit oversight and weaken the Legislature’s role in election administration.
The Joint Committee for the Review of Administrative Rules (JCRAR), which includes six Republicans and four Democrats, was considering Clearinghouse Rule 24-032, a package of administrative rules designed by WEC to regulate how election observers operate during elections.
A united Republican vote could have blocked the rule, but Petersen joined Democrats in a 5–5 tie, enabling the measure to move forward, according to True North News.
What the New Rules Do
Clearinghouse Rule 24-032 places new limits on how observers can participate in the election process. Observers must remain in a fixed location and are not allowed to move freely to view different parts of the polling area — even though current state law requires observers be allowed to see all public aspects of the voting process.
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Critics argue that such constraints, especially at a mandated eight-foot distance, make it nearly impossible to monitor essential functions like voter ID verification or ballot handling.
The rule also bans observers from taking photos, video, or audio recordings, while still allowing the media to do so — creating what many see as an unfair double standard.
In nursing homes, where past voting irregularities have raised concerns, the rule applies polling-place standards that further restrict observer access, despite state law explicitly granting them oversight rights in those facilities.
Additional provisions dictate where observers can sit, how they access restrooms, and how interactions with voters must be managed. Yet there are no meaningful consequences if clerks restrict observer rights, nor is there a timely process for appealing improper removals.
Some Measures Uncontroversial
Parts of the rule drew less opposition — including requiring observers to show photo ID and sign in — but lawmakers and advocates say those minor safeguards don’t justify the broader limitations on transparency.
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Bipartisan Support from WEC Leadership
Despite flaws, the rule received support from both former Republican and Democratic WEC chairs, Don Millis and Ann Jacobs. Millis, while admitting he disagreed with elements of the rule, said a uniform standard — even if imperfect — was preferable to leaving observer access up to individual clerks.
Lawmakers on the committee disagreed. Rep. Adam Neylon (R-Pewaukee) criticized WEC’s process, saying, “I feel a little bit like you didn’t even try here… You’re choosing a rule and then telling us, ‘We can’t even work with you guys.’”
Earlier this year, the Assembly Committee on Campaigns and Elections had already voted to reject the rule, warning that it extended WEC’s powers far beyond what lawmakers intended.