Section 2.11. Challenges to election petitions.

 

(1)  Except as expressly provided herein, the standards established in s. EL 2.07 for determining challenges to the sufficiency of nomination papers apply equally to determining challenges to the sufficiency of petitions required to comply with s. 8.40 , Stats., including recall petitions, and to any other petition whose filing requires a governing body to call a referendum election.

(2)  

(a) Any challenge to the sufficiency of a petition required to comply with s. 8.40 , Stats., shall be made by verified complaint filed with the appropriate filing officer. The form of the complaint, the filing of the complaint and the legal sufficiency of the complaint shall comply with the requirements of ch. EL 20 ; the procedure for resolving the complaint, including filing deadlines, shall be governed by this section and not by ch. EL 20 .

(b) The complaint challenging a petition shall be in the physical possession of the filing officer within the time set by the statute or other law governing the petition being challenged or, if no time limit is specifically provided by statute or other law, within 10 days after the day that the petition is filed.

(3)  The response to a challenge to a petition shall be filed within the time set by the statute or other law governing that petition or, if no time limit is specifically provided by statute or other law, within 5 days of the filing of the challenge to that petition. After the deadline for filing a response to a challenge, the filing officer shall decide the challenge with or without a hearing.

History: Cr. Register, January, 1994, No. 457 , eff. 2-1-94; correction in (1), (2) (a) made under s. 13.92 (4) (b) 7. , Stats., Register June 2016 No. 726 .