{"id":11786,"date":"2024-07-24T05:03:59","date_gmt":"2024-07-24T05:03:59","guid":{"rendered":"https:\/\/wifamily.news\/?p=11786"},"modified":"2024-07-24T05:56:17","modified_gmt":"2024-07-24T05:56:17","slug":"wisconsin-lawmakers-strike-down-three-emergency-election-rules","status":"publish","type":"post","link":"https:\/\/wifamily.news\/?p=11786","title":{"rendered":"Wisconsin Lawmakers Strike Down Three Emergency Election Rules"},"content":{"rendered":"<p>This post originally appeared at <a href=\"https:\/\/wisconsindailystar.com\/news\/wisconsin-lawmakers-strike-down-three-emergency-election-rules\/tcsquare\/2024\/07\/24\/\">https:\/\/wisconsindailystar.com\/news\/wisconsin-lawmakers-strike-down-three-emergency-election-rules\/tcsquare\/2024\/07\/24\/<\/a><\/p>\n<div id=\"fb-root\"><\/div>\n<h5>by Benjamin Yount<\/h5>\n<p>\u00a0<\/p>\n<p>The fight over who writes the rules for elections in Wisconsin continues.<\/p>\n<p>The Legislature\u2019s rule making body, the Joint Committee for Review of Administrative Rules, on Monday voted to suspend three proposed emergency rules from the Wisconsin Elections Commission that dealt with uniform rules for absentee voting, challenges to candidates and challenges to nominating paperwork.<\/p>\n<p>Attorney Sklyar Croy, with the Wisconsin Institute for Law and Liberty, told lawmakers none of the solutions that WEC is looking to make permanent are true emergencies.<\/p>\n<p>\u201cThe Commission issued scope statements in September 2023. It then took until late spring 2024 for Gov. Tony Evers to approve the emergency rules. The commission waited until six months before the beginning of the 2024 election cycle to begin emergency rulemaking, and then took several months thereafter to finish,\u201d Croy said. \u201cThis committee should not allow an administrative agency to just mouth the word emergency as a means of avoiding permanent rulemaking procedures.\u201d<\/p>\n<p>Croy said allowing WEC to use the emergency rule process for these three rules would allow the Elections Commission to side-step the lengthy review that comes with permanent rulemaking.<\/p>\n<p>Worse, state Rep. Janel Brandtjen, R-Menomonee Falls, said it would allow the Elections Commission to act as if the legislature doesn\u2019t exist.<\/p>\n<p>\u201cI think that this emergency rulemaking process needs to be shut down, because other agencies are paying attention,\u201d Brandtjen said. \u201cThis process of going around the legislature is incredibly dangerous. And if WEC has the ability to move this, I can guarantee you that we will have a lot of emergency rules.\u201d<\/p>\n<p>Democrats, however, argue it is the rulemaking process and the JCRAR who are dangerously working-around the process of making laws.<\/p>\n<p>\u201cI think it\u2019s apt that we\u2019re talking about separation of powers, when we\u2019ve just had a\u00a0<a href=\"https:\/\/www.thecentersquare.com\/wisconsin\/article_d2793276-3ae4-11ef-b689-f34e3c891f3f.html\" data-wpel-link=\"external\" target=\"_blank\" rel=\"external noopener noreferrer\">Supreme Court ruling<\/a>\u00a0on this very issue. It strikes me that what this committee is taking upon itself is essentially doing the court\u2019s job and doing the executive branch\u2019s job,\u201d Sen Kelda Roys, D-Madison, said. \u201cThis committee is, you know, pretty problematic from a separation of power standpoint.\u201d<\/p>\n<p>That Supreme Court ruling limited the power of the legislature\u2019s Joint Committee on Finance when it came to spending already appropriated money.<\/p>\n<p>The decision to suspend WEC\u2019s proposed emergency rules doesn\u2019t change much for Wisconsin\u2019s pending elections.<\/p>\n<p>The absentee ballot proposal would have been the most impactful, but without it, clerks across Wisconsin will continue to provide their voters with absentee ballot instructions. The proposed emergency rule would simply have prohibited those clerks from issuing any guidance that did not adhere to WEC\u2019s suggested rules.<\/p>\n<p>\u2013 \u2013 \u2013<\/p>\n<p><em>Benjamin Yount is a contributor to <a href=\"https:\/\/www.thecentersquare.com\/wisconsin\/article_5300c5b6-4856-11ef-8a3f-13778b405ab9.html\" data-wpel-link=\"external\" target=\"_blank\" rel=\"external noopener noreferrer\">The Center Square.\u00a0<\/a><br \/>\n<\/em><em>Photo \u201cPeople Voting\u201d by <a href=\"https:\/\/www.flickr.com\/photos\/tabor-roeder\/52486777846\/in\/photolist-2ktSUJk-2ktTnyo-2nY2V2y-2nY2Vta-2nY5srC-2nY5sGs-2nY5t9E-2nY6TmZ-2nY6TRS-2nY6TVe-2nY6UxB-2nY7REb-2nY7RQG-2nY7S7o-2nY7Soq-2nY7Ssd-2nY8hrd-2nY8hFS-2ktSUJW-2ktSULK\" data-wpel-link=\"external\" target=\"_blank\" rel=\"external noopener noreferrer\">Phil Roeder<\/a>. CC BY 2.0.<\/em><\/p>\n<p>\u00a0<\/p>\n<p>\u00a0<\/p>\n<p>\u00a0<\/p>\n<p>The post <a href=\"https:\/\/wisconsindailystar.com\/news\/wisconsin-lawmakers-strike-down-three-emergency-election-rules\/tcsquare\/2024\/07\/24\/\">Wisconsin Lawmakers Strike Down Three Emergency Election Rules<\/a> appeared first on <a href=\"https:\/\/wisconsindailystar.com\">The Wisconsin Daily Star<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This post originally appeared at https:\/\/wisconsindailystar.com\/news\/wisconsin-lawmakers-strike-down-three-emergency-election-rules\/tcsquare\/2024\/07\/24\/ by Benjamin Yount \u00a0 The fight over who writes&#8230;<\/p>\n","protected":false},"author":15,"featured_media":3495,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23],"tags":[],"class_list":["post-11786","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-wi-daily-star"],"_links":{"self":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/11786","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/users\/15"}],"replies":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11786"}],"version-history":[{"count":1,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/11786\/revisions"}],"predecessor-version":[{"id":11787,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/11786\/revisions\/11787"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/media\/3495"}],"wp:attachment":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11786"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11786"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11786"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}