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2024 Op. Wis. Att'y Gen. 1 (2024)

handle is hein.sag/sagwi2024 and id is 1 raw text is: STATE OF WISCONSIN
DEPARTMENT OF JUSTICE
Josh Kaul                                                               114 East, State Capitol
Attorney General                                                        PO Box 7857
Madison wI 53707-7857
(608) 266-1221
TTY 1-800-947-3529
June 25, 2024
OAG-01-24
Mr. Carlos A. Pabell6n
Dane County Corporation Counsel
210 Martin Luther King, Jr. Boulevard
Madison, WI 53703-3345
Dear Corporation Counsel Pabell6n:
¶ 1. You seek an opinion about the meaning of Wis. Const. art. III, § 7(2),
which was created through referendum at the April 2024 election following passage
of joint resolutions by the Wisconsin Legislature. Article III, section 7(2) provides that
[n]o individual other than an election official designated by law may perform any
task in the conduct of any primary, election, or referendum. I construe your request
as asking two questions about the provision: (1) the meaning of election official
designated by law; and (2) the meaning of task in the conduct of any primary,
election, or referendum.
¶ 2. I conclude that election official has the same meaning in the new
constitutional provision as it has in the statutes, see Wis. Stat. § 5.02(4e), and that a
task in the conduct of any primary, election, or referendum refers to work in
directing or leading the administration of an election. The legislative record shows
that the provision was proposed in response to the perception that a local election
official had lost control of the oversight of an election. Article III, section 7(2) does not
apply to more ordinary circumstances in which an election official works with or is
assisted by non-election officials in ensuring the proper administration of an election,
such as work with vendors on the layout and printing of ballots, information
technology personnel on software and hardware security, law enforcement personnel
on ballot transport, or employees or volunteers assisting with mailings or other
clerical work.

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