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WEC allows brief rebuttal filings in Jan. nomination challenges; staff to notify candidates


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WEC allows brief rebuttal filings in Jan. nomination challenges; staff to notify candidates
The Wisconsin Elections Commission voted 5–1 to allow a short rebuttal filing period for nomination-paper challenges before its Jan. 14, 11 a.m., ballot-access meeting and to circulate materials to the commission in real time.

Attorney Witeca briefed commissioners on the statutory timeline for nomination-paper circulation (Dec. 1–Jan. 7) and described the process the commission has used in prior cycles to accept a limited rebuttal filing on the morning of the hearing. Witeca said staff would provide the commission with all relevant materials and, if a rebuttal is filed on the morning of the hearing, would furnish those documents immediately to members.

Commissioner Millis and others argued the rebuttal should be limited to factual responses that address points raised by challengers, not to introduce new legal arguments. Commissioner Millis said rebuttals have helped narrow issues in prior cycles by conceding some claims and focusing the commission on remaining disputes.

Commissioner Spindel expressed concern that tight deadlines could leave candidates unaware of challenges and that candidates must be given a meaningful chance to respond. Staff said they already go beyond code requirements to notify candidates: they serve documents electronically, provide a templated letter explaining procedures, call and attempt to reach candidates or representatives during the initial filing day and solicit verifiable contact information to reduce late-notice problems.

Commissioner Thompson moved the staff’s recommended motion on page 65 of the materials; Commissioner Repel seconded. The commission voted: Commissioner Millis, aye; Commissioner Repel, aye; Commissioner Spindel, no; Commissioner Thompson, aye; Commissioner Bostelman, aye; Chair Jacobs, aye. Chair Jacobs announced the motion carried 5–1 and reminded candidates and campaign staffs of the rebuttal deadline and the importance of providing contact information to staff.

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