Wisconsin Administrative Code › Elections Commission › Chapter EL 20 - Complaint Procedure › Section EL 20.03 - Filing

Current through June 24, 2024
(1) All complaints, answers and replies shall
			 be in writing and shall be sworn to before a person authorized to administer
			 oaths.
(2) The form of the
			 complaint, answer or reply should, but is not required to, follow the format
			 prescribed herein:
State of Wisconsin Before the Elections
				Commission
The Complaint of__________________________________
__________________ , Complainant
against
COMPLAINT
_________________________ , Respondent
				1
This complaint is under ___________ (Insert the applicable
				section(s) of law in chs. 5 to 10 and 12, Stats., if known)
				2
I (Insert the complainant's name), allege that (Set forth in
				detail the facts that establish probable cause to believe that a violation
				occurred. Use as many separate pages as needed.)
Date:_____________
_________________________
(complainant's signature)
I (complainant's name), being first duly sworn on oath state
				that I personally read the above complaint, and that the above allegations are
				true based on my personal knowledge and, as to those stated on information and
				belief, I believe them to be true.
_________________________
(complainant's signature)
STATE OF WISCONSIN )
) ss.
County of _____________),
(county of notarization)
Sworn to before me this__________ day of ______________, 2
				____
_________________________________
(Signature of person authorized to administer oaths)
My commission expires ___________, or is permanent
Notary Public or (official title if not notary)
____________________________________________________________________________________________________
1 Substitute complaint, answer or
				reply, as the case may be, and make the appropriate changes throughout the
				document.
2 A statutory basis is not required
				for an answer or reply.
(3)
			 The complaint shall specify the statutory basis for the complaint and shall set
			 forth the facts which are alleged to establish probable cause. Information
			 which may establish probable cause includes allegations that set forth which
			 persons are involved; what those persons are alleged to have done; where the
			 activity is believed to have occurred; when the activity is alleged to have
			 occurred and who are the witnesses to the events. The complaint shall be signed
			 by the complainant or by an individual acting as the complainant's
			 representative.
(4) The complaint
			 shall state the name and last known post office address of the complainant and
			 the respondent.
(5) The
			 complainant, not the complainant's representative, shall verify the allegations
			 of the complaint. The complainant verifies the complaint by signing a statement
			 under oath before a notary public or other person authorized to administer
			 oaths. The verification statement, or a statement to the same effect, shall
			 state as follows:
"I, (
complainant's name
), being first
				duly sworn upon oath, state that I personally read the above complaint and that
				the above allegations are true and correct based on my personal knowledge and,
				as to those allegations stated on information and belief, I believe them to be
				true."
The verification shall be placed at the bottom of the
				complaint.
(6) The
			 complainant shall mail to, or personally serve on, the respondent a copy of the
			 complaint no later than the time of filing the complaint with the commission
			 and shall certify to that service on the complaint or in a cover letter filed
			 with the complaint. Each party shall mail to, or personally serve on, each
			 other party any subsequent pleading before filing the pleading with the
			 commission and shall certify to the service on the pleading or in a cover
			 letter filed with the pleading.