Who can work Wisconsin’s elections? New restrictions won’t affect much, attorney general says

MADISON, Wis. (AP) — A new constitutional amendment restricting who can work on Wisconsin elections should have little practical effect, according to a legal opinion issued by Democratic Attorney General Josh Kaul on Tuesday.

Wisconsin voters approved a constitutional amendment in April that says only lawfully designated election officials can perform any work on primaries, elections and referendums.

It’s unclear how the amendment might change current practices beyond placing definitions about election officials, which are already in state law, into the constitution.

Dane County Corporation Counsel Carlos Pabellon asked Kaul weeks after the amendment was approved for a legal opinion on the definition of a lawful election official. Pabellon pointed out that parts of state law define them as special deputies who help nursing home residents vote, election inspectors and tabulators while other sections say they’re anyone charged with any duties relating to an election.

He questioned whether county and municipal clerks and their staffs remain election officials under the amendment. He also asked whether third-party vendors such as ballot printers could work with election officials since the amendment states only lawfully-designated election officials can do any election work.

Kaul wrote that the amendment doesn’t change the definition of a lawfully designated election official so the multiple definitions in state law remain viable. The amendment also doesn’t negate state laws empowering clerks and other election officials to run elections, he said.

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