Wis. Admin. Code Elections Commission EL 20.03

Current through October 28, 2024

Section EL 20.03 - Filing

(1) All complaints, answers and replies shall be in writing and shall be sworn to before a person authorized to administer oaths.

(2) The form of the complaint, answer or reply should, but is not required to, follow the format prescribed herein:

State of Wisconsin Before the Elections Commission

The Complaint of__________________________________

__________________, Complainant

against

COMPLAINT

_________________________, Respondent ¹

This complaint is under ___________ (Insert the applicable section(s) of law in chs. 5 to 10 and 12, Stats., if known) ²

I (Insert the complainant's name), allege that (Set forth in detail the facts that establish probable cause to believe that a violation occurred. Use as many separate pages as needed.)

Date:_____________

_________________________

(complainant's signature)

I (complainant's name), being first duly sworn on oath state that I personally read the above complaint, and that the above allegations are true based on my personal knowledge and, as to those stated on information and belief, I believe them to be true.

_________________________

(complainant's signature)

STATE OF WISCONSIN)

) ss.

County of _____________),

(county of notarization)

Sworn to before me this__________ day of ______________, 2 ____

_________________________________

(Signature of person authorized to administer oaths)

My commission expires ___________, or is permanent

Notary Public or (official title if not notary)

____________________________________________________________________________________________________

¹ Substitute complaint, answer or reply, as the case may be, and make the appropriate changes throughout the document.

² A statutory basis is not required for an answer or reply.

(3) The complaint shall specify the statutory basis for the complaint and shall set forth the facts which are alleged to establish probable cause. Information which may establish probable cause includes allegations that set forth which persons are involved; what those persons are alleged to have done; where the activity is believed to have occurred; when the activity is alleged to have occurred and who are the witnesses to the events. The complaint shall be signed by the complainant or by an individual acting as the complainant's representative.

(4) The complaint shall state the name and last known post office address of the complainant and the respondent.

(5) The complainant, not the complainant's representative, shall verify the allegations of the complaint. The complainant verifies the complaint by signing a statement under oath before a notary public or other person authorized to administer oaths. The verification statement, or a statement to the same effect, shall state as follows:

"I, (complainant's name), being first duly sworn upon oath, state that I personally read the above complaint and that the above allegations are true and correct based on my personal knowledge and, as to those allegations stated on information and belief, I believe them to be true."

The verification shall be placed at the bottom of the complaint.

(6) The complainant shall mail to, or personally serve on, the respondent a copy of the complaint no later than the time of filing the complaint with the commission and shall certify to that service on the complaint or in a cover letter filed with the complaint. Each party shall mail to, or personally serve on, each other party any subsequent pleading before filing the pleading with the commission and shall certify to the service on the pleading or in a cover letter filed with the pleading.

Wis. Admin. Code Elections Commission EL 20.03

Renumbered from GAB 20.03, correction in (6) made under s. 13.92(4) (b) 6, Stats., Register June 2016 No. 726, eff. 7/1/2016.