Emergency Rule 2407 2025 Senate Bill 46
Report to the Legislature
Emergency Rule 2407
The Joint Committee for Review of Administrative Rules
Produced pursuant to 227.26 (2) (g), Stats.
Emergency Rule 2407, promulgated by the Wisconsin Elections Commission (WEC ), provides
directives to clerks requiring the mandatory use of uniform instructions for absentee voting prescribed by
WEC.
Description of Problem
The Joint Committee for Review of Administrative Rules (JCRAR) held a public hearing on
Emergency Rule 2407, relating to the mandatory use of uniform instructions for absentee voting, on July
22, 2024, at the request of Senator Steve Nass to review concerns that the rule violated legislative intent,
failed to meet the statutory threshold of an “emergency” justifying the use of the emergency rule process,
and potentially created increased confusion for clerks and voters very close to a Presidential election.
Arguments In Favor of Suspension
• WEC’s claim of an emergency f alls woefully short of the statutory definition for invoking an
“emergency” to justify an emergency rule. The C ommission had every opportunity to follow the
standard permanent rule process, which provides for increased transparency, public input, and
legislative review.
• Wisconsin has had closely contested and high voter turnout election cycles since at least 2000. WEC
provided no evidence of factors relating to the November 2024 election that jeopardized the public
peace, health, safety, or welfare that is any different than past elections.
• A lack of planning by the Wisconsin Elections Commission does not create an emergency justifying
the circumvention of the normal permanent rule process. The Commission, and indeed everyone else,
knew the scheduled dates of the 2024 election, and that there would be significant voter turnout. They
had every opportunity to use the permanent rule process if they thought additional rules necessary,
yet inexplicably waited until a few months before the election to act on a purported emergency basis.
• The Commission’ s claims of high levels of scrutiny and high voter turnout does not justify rushed
procedures. If anything, the Commission should proceed in a methodical and ordinary manner if it is
truly worried. When the Commission waits until a few months before an election and then acts on a
purported emergency basis, its conduct creates an appearance of impropriety.
• If the rule remains in effect, it could create confusion and inconsistency in our election process very
near the general and primary elections that damages public confidence in our system.
• Legislative Council analysis found drafting issues with the emergency rule relating to form, style,
adequacy of references, and identified instances of provisions that lacked clarity. Issues of clarity and
the lack of plain language could create serious challenges for voters and clerks in understanding and
complying with this emergency rule.
Arguments Against Suspension
• No one from the Wisconsin Elections Commission attended the public hearing to explain, defend , or
justify their rationale for the emergency rule, despite notice and invitation by JCRAR to them .
• In written comments, submitted immediately before the start of the public hearing, one Commissioner
argued the rules provided more consistency and predictability, reduced the possibility for surprises,
increased fairness in how elections are run, and ensured that a candidate’s placement on the ballot
could not be threatened by strategies that both major political parties had rejected.
• Another citizen argued in written comments that requiring mandatory use of uniform instructions for
absentee voting would help ensure that voters with disabilities receive consistent and accurate
information and guidance regarding absentee voting.
Action by Joint Committee for Review of Administrative Rules
On July 22, 2024, the Joint Committee for Review of Administrative Rules held an executive
session on Emergency Rule 2407. The committee pas sed the following motion on a 6- 4 vote, temporarily
suspending the rule (YES: Nass, Neylon, Stroebel , Bradley, Petersen, Spiros; NO: Roys , Larson, Conley,
Baldeh):
Moved, that the Joint Committee for Review of Administrative Rules, pursuant to s. 227.26 (2) (d),
Stats., suspend an emergency rule of the Wisconsin Elections Commission, relating to mandatory use
of uniform instructions for absentee voting (EmR 2407), on the grounds that the rule fails to comply
with legislative intent.
On August 20, 2024, the Joint Committee for Review o f Administrative Rules voted 6-4 (YES:
Nass, Neylon, Stroebel, Bradley, Petersen, Spiros; NO: Roys, Larson, Conley, Baldeh) to introduce LRB
6213/1 and LRB 6228/1 , which support the suspension of Emergency Rule 2407 by the joint committee .
Pursuant to 227.26 (2) (j), the bills were not introduced during the 2023- 24 legislative session, and need
to be introduced in the next regular session of the legislature.
On January 29, 2025, the Joint Committee for Review of Administrative Rules voted 6- 4 (YES:
Nass, Neylon, Bradley, Tomczyk, Petersen, Spiros; NO: Roys, Ratcliff, Snodgrass, Arney) to introduce
LRB 0682/1 and LRB 0685/1, which support the suspension of Emergency Rule 2407 by the joint
committee. The bills were introduced as Senate Bill 46 and Assembly Bill 13 in the 2025- 26 legislative
session.
Passage of one of these bills in support of the JCRAR suspension would permanently remove the
Wisconsin Elections Commission’s ability to promulgate Emergency Rule 2 407.