The Wisconsin Elections Commission (WEC) is taking up a proposed change to ballot access rules that would make it far easier to remove candidates from the ballot in Wisconsin, which comes as Democrats nationwide explore the possibility of denying former President Donald Trump ballot access in key states.
WEC Commissioners will hold their quarterly meeting Thursday morning, and among the topics to be discussed include "Ballot Access and Election Petition Challenge Procedure." A notice of the meeting reveals that WEC wants to "create an administrative process for individuals to bring challenges against the Declarations of Candidacy that are filed by all candidates for local, state, and federal office in Wisconsin so that all candidates and potential challengers, as well as the general public, have a clear understanding of the rules and procedures applicable to ballot access challenges."
Republicans, including WEC Commissioner Robert Spindell, believe that this move is designed to make it easier for Democrats to challenge Trump's ballot access on 14th Amendment grounds, an idea that has gained traction in liberal legal circles over the past two weeks. Left-wing legal scholars and activists are floating the idea that states could block Trump from appearing on their ballots under the "Disqualification Clause" of the 14th Amendment, which provides that current or former officholders who "engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof" may hold any elective office again.
The clause was drafted in the aftermath of the Civil War and aimed at barring former Confederate rebels from populating the government during Reconstruction and has never before been contemplated to bar candidates from even appearing on the ballot.
WEC's proposed rule "would create a clear administrative process for an individual to challenge any aspect of a candidate's sworn Declaration of Candidacy, but not their nomination papers." This process would first bring the challenge to either WEC or "the local filing officer," who would then "hear those complaints" and determine whether or not the Declaration of Candidacy is valid. State law currently allows "the official or agency with whom declarations of candidacy are required to be filed" to refuse to place the candidate's name on the ballot, and only in narrow circumstances (such as if nomination papers are filed incorrectly or "the candidate, if elected, could not qualify for the office sought within the time allowed by law for qualification because of age, residence, or other impediment").
"This could presumably permit commissioners and/or clerks to either allow or deny ballot access to any candidate for reasons or judgments other than mechanical, such as the character of the candidate!" Spindell said in an email.
"It's clearly aimed at Trump," said Republican Representative Janel Brandtjen, the former Chair of the Assembly Committee on Campaigns and Elections. "They want to make it easier to challenge his access to the ballot on 14th Amendment grounds and then kick him off. They don't have a simple way to do that right now so they're creating one for themselves."
The six Republican and six Democratic WEC commissioners will meet in both open and closed session at 10:00 am Thursday morning.