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The way the Wisconsin Elections Commission handles complaints filed against the agency, a specific commissioner or a member of the commission’s staff has evolved since the commission launched in 2016.
Recent complaints filed against WEC, a commissioner or agency staff have largely been “disposed of without consideration by the commission.”
The elections commission maintains that it takes this approach because any such complaint “warrants an ethical recusal by the body,” according to a recent dismissal of a complaint filed against the agency’s six commissioners.
“The Commission’s position reflects the need to avoid conflicts associated with an adjudicative body deciding a matter brought against itself, similar to the provisions of law and ethics precluding a judge from presiding over a case filed against herself, or someone with personal or professional ties to her,” WEC attorney Angela Sharpe wrote to Kirk Bangstad, a liberal activist who filed a complaint against the commissioners after they permitted former President Donald Trump to appear on Wisconsin’s primary ballot.
The commission has previously hired outside attorneys to review complaints filed against the agency, the commissioners or agency staff.
“In recent years, the commission has trended toward returning such complaints to the complainant, noting that they may pursue their matter through other avenues,” WEC spokesperson Riley Vetterkind told Wisconsin Watch.
He added “each complaint is unique and may require a different approach.”
For example, if a complaint is returned by the commission, the complainant can ask a county circuit court to intervene.
The commission’s current practice of returning complaints filed against itself, a commissioner or a staff member without consideration is consistent with a recent Wisconsin Supreme Court ruling. The high court, in a 4-3 decision concerning unmanned absentee ballot drop boxes, agreed that “it would be nonsensical to have WEC adjudicate a claim against itself.”
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