Wisconsin Administrative Code › Elections Commission › Chapter EL 20 - Complaint Procedure › Section EL 20.04 - Investigations

Current through June 24, 2024
(1) Any matter brought to the commission
			 shall be reviewed by the administrator who shall determine within 10 business
			 days whether the complaint is timely, is sufficient as to form and states
			 probable cause.
(2) If the
			 complaint does not meet the standards under sub. (1), the administrator shall
			 promptly return the complaint to the complainant, without prejudice unless
			 otherwise provided by law, specifying both the defect in the complaint and the
			 information appropriate to cure the defect. A copy of the administrator's
			 letter to the complainant shall be provided to the respondent.
(3) If the complaint meets the standards
			 under sub. (1) as applied to complaints under s.
			 5.05, Stats., the administrator
			 shall promptly forward the complaint to the respondent at the respondent's last
			 known post office address. The respondent shall file with the commission a
			 verified, written answer within 10 business days. After receiving the answer,
			 the administrator shall promptly forward the answer to the complainant at the
			 complainant's last known post office address. The complainant may file a
			 written, verified reply to the answer within 10 business days.
(4) After receiving an answer that makes any
			 counterclaim against the complainant, the administrator shall promptly forward
			 the counterclaim to the complainant. The complainant shall file a written,
			 verified answer to the counterclaim within 10 business days. After receiving
			 the complainant's answer, the administrator shall promptly forward the answer
			 to the respondent for a written, verified reply to be filed within 10 business
			 days.
(5) The administrator has the
			 discretion to extend by not more than an additional 10 business days, the time
			 for the complainant or respondent to file any responsive pleading. A business
			 day is any day that the agency is open for business.
(6) If the complaint meets the standards
			 under sub. (1), as applied to complaints under s.
			 5.06, Stats., the administrator
			 shall proceed as the commission authorizes by duly adopted motion and, where no
			 motion is in effect, the administrator shall proceed after consultation with
			 the commission's chair.
(7) A
			 party that fails to obtain an extension of time to respond pursuant to sub.
			 (2), or who fails to respond within 10 business days to a pleading mailed to
			 the party's last known post office address that is not returned to the
			 commission, may be deemed to have admitted each allegation contained in the
			 pleading, and to have accepted any other consequences for failing to respond to
			 a pleading.
(8) The time period for
			 filing an answer or reply begins 3 business days after the date of the
			 transmittal letter from the administrator. An answer or reply will be treated
			 as filed based on the postmark of the envelope transmitting the
			 pleading.
(9) After all pleadings
			 are filed under s. 5.05, Stats., the administrator
			 shall analyze the pleadings, present them, with appropriate recommendations, to
			 the commission at its next regularly scheduled meeting, or at the most
			 immediate meeting thereafter at which the matter can be heard if the matter
			 cannot be heard at the next regularly scheduled meeting, and forward a copy of
			 the analysis and recommendations to the complainant and respondent within a
			 reasonable time before the commission meeting at which the matter will be
			 considered.
(10) After all
			 pleadings are filed under s.
			 5.06, Stats., the administrator
			 shall proceed as the commission authorizes by duly adopted motion or, where no
			 motion is in effect, the administrator shall proceed after consultation with
			 the commission's chair. Where the commission has delegated to the administrator
			 the authority to resolve complaints, the administrator shall issue an order
			 making findings and resolving the complaint.