Democratic Attorney General Josh Kaul issued a legal opinion stating that a new constitutional amendment in Wisconsin restricting who can work on elections should have little practical effect. The amendment, approved by voters in April, limits election work to only lawfully designated election officials. However, Kaul explained that the amendment does not change the definition of these officials, which are already outlined in state law. Dane County Corporation Counsel Carlos Pabellon sought Kaul’s opinion on whether county and municipal clerks and their staffs still qualify as election officials under the new amendment. He also questioned if third-party vendors such as ballot printers could work with election officials as the amendment only allows designated officials to perform election work.
Kaul clarified that the amendment does not require election work to be performed solely by election officials, but rather that only lawfully designated officials can oversee election administration. He mentioned that Republican lawmakers drafted the amendment in response to grant money received by Wisconsin in 2020 from the Center for Tech and Civic Life, a liberal group promoting voter access. This funding, totaling $300 million from Facebook founder Mark Zuckerberg and his wife, was meant to assist election officials with supplies and running elections during the COVID-19 pandemic. The allocation of $8.8 million to Wisconsin’s largest cities, which President Joe Biden ended up winning, led to accusations from Republicans that Green Bay Mayor Eric Genrich had relinquished election authority to a consultant with Democratic ties.
Despite concerns raised by Republicans regarding the funding and consultancy in Green Bay, city attorneys defended their actions and stated that the claims lacked merit. The amendment approved by voters in April aimed to clarify and define who can work on Wisconsin elections, highlighting the importance of lawfully designated election officials. Kaul’s legal opinion sought to provide clarity on the impact of the amendment and reassure that current election practices would not be significantly altered. As the state continues to navigate election processes and regulations, the role of election officials and the boundaries of their authority remain under scrutiny and interpretation by legal experts and government officials.
Overall, the legal opinion issued by Attorney General Josh Kaul clarified that the constitutional amendment restricting election work to lawfully designated officials should have minimal practical effect, as it aligns with existing definitions outlined in state law. The controversy surrounding grant funding from the Center for Tech and Civic Life in 2020, received by Wisconsin cities, raised concerns among Republican lawmakers and led to the drafting of the amendment. Despite differences in interpretation and concerns over election processes, the opinion sought to provide guidance on who can perform election work and the scope of authority for designated officials. As Wisconsin continues to navigate election regulations and practices, the legal framework and oversight of election officials play a crucial role in ensuring the integrity and transparency of the electoral process.
