(ConservativeJournal.org) – On Monday, July 22, the Committee for Review of Administrative Rules decided to put three emergency rules that the Wisconsin Elections Commission (WEC) had proposed on hold. An emergency rule is one that can be passed without going through the proper channels to get approved. These rules addressed difficulties regarding nomination paperwork, challenges with candidates, and absentee voting methods.
A lawyer from the Wisconsin Institute for Law and Liberty, Skylar Croy, argued that none of the proposed rules constitute true emergencies. She explained that the Commission only began emergency rulemaking six months before the 2024 election cycle and took additional months to complete it, showing there was no initiative or rush to get the rulemaking done beforehand. She stated that an administrative agency should not be allowed to avoid permanent rulemaking procedures simply by using the term “emergency”.
Croy warned that using the emergency rule process for these three rules would let the Elections Commission avoid the necessary reviews associated with permanent rulemaking.
Janel Brandtjen, a Republican Representative, expressed concerns that this would let the Elections Commission ignore the law entirely. She said that using emergency rules as a loophole to pass laws faster is dangerous and sets a precedent.
Democrats, on the other hand, believe that the rulemaking process is undermining proper lawmaking procedures in general. Democratic senators have stated that the committee is acting outside of its jurisdiction and doing duties that belong in both the executive and judicial branches. From the standpoint of a separation of powers, this raises significant concerns.
The Supreme Court ruling in question limited the legislature’s Joint Committee on Finance’s power regarding money already spent.
Suspending WEC’s proposed emergency rules doesn’t significantly impact Wisconsin’s upcoming elections. The proposed rule would have made it illegal for clerks to not follow WEC’s principles and mandates that they adhere to strictly. Wisconsin will still give voters information on how to cast an absentee ballot in the absence of the proposed legislation.
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