Joel DeSpain: @email
The Wisconsin Elections Commission understands that voters may have concerns about political texts, offers, and messaging they are receiving ahead of the April 1, 2025 election. The WEC is unable to act on or investigate matters that fall outside of Wisconsin election law or that do not meet the statutory requirements of a formal complaint.
The Wisconsin Elections Commission is charged with administering chapters 5–10 and 12 of the Wisconsin State Statutes, which can be accessed using this link: https://elections.wi.gov/Statutes-and-Administrative-Rules.
The law allows members of the public to file a formal complaint with the Wisconsin Elections Commission but also requires the complaint to meet specific criteria. You can find more information about how to file a complaint here: https://elections.wi.gov/elections/election-security-integrity/concerns-comments-opinions. However, it is important to note that if a concern is brought to the Commission’s attention that does not meet the statutory criteria as a formal complaint, then the WEC cannot, by law, take any action. There are two types of complaints allowed under Wisconsin law:
The first type of complaint is a Wisconsin Statute § 5.05 complaint. In a Wis. Stat. § 5.05 complaint, a person can file a verified complaint form alleging a criminal election law violation, generally under Chapter 12 of the Wisconsin Statutes, which covers with criminal violations of election law. A § 5.05 complaint is confidential and the Commission considers the complaint in closed session, and the Commission may forward the complaint to the appropriate District Attorney if the Commission finds probable cause of a violation.
The second type of complaint is a Wisconsin Statue § 5.06 complaint. In a Wis. Stat. § 5.06 complaint, a citizen served by an election official can file a verified complaint form alleging that an election official, such a as a municipal or county clerk, has not complied with a provision of Wisconsin election law (Wisconsin State Statutes chapters 5–10 and 12). A § 5.06 complaint is public. You can find sufficient § 5.06 complaints and final decision letters, as well as insufficient complaints with return letters specifying the deficiencies on our website here: https://elections.wi.gov/filed-complaints.
While the Wisconsin Elections Commission understands that voters may have concerns about political messaging, it is important to note that many of these concerns do not allege a violation of Wisconsin Election law, and therefore, the WEC is unable to pursue the matter.