Public Rights Project’s Statement on Wisconsin Attorney General’s Opinion Regarding Election Administration

On June 25, 2024, Wisconsin Attorney General Josh Kaul issued a legal opinion clarifying the state’s new constitutional provision, which prohibits non-election officials from performing “task[s] in the conduct of . . . election[s].” 

Kaul’s opinion responds to Dane County’s request for guidance and clarification on the provision’s language. In May, Public Rights Project submitted a comment on behalf of a coalition of 18 municipal clerks in support of the county’s request. 

Kaul’s opinion makes clear that while only “election officials” as defined in Wisconsin statute can play a role in “directing or leading the administration of [an] election.” It also emphasizes that election officials may continue to rely on vendors, other government employees, and volunteers to perform other election-related activities necessary to ensure free and secure elections.

Kaul’s opinion recognizes that the provision was intended to prevent outside actors from playing a management role in election administration. Although Wisconsin courts aren’t required to follow an attorney general’s opinion, they often do so.

“We applaud Attorney General Kaul for his thoughtful and thorough opinion,” said Graham Provost, staff attorney for Public Rights Project’s Election Protection Hub. “The opinion does exactly what we had hoped for. It adopts the most legally compelling interpretation of Article III § 7(2), and provides Wisconsin clerks with the certainty they need to do their jobs and effectively administer this year’s elections.”