A pivotal vote from a Wisconsin Republican lawmaker has allowed a contentious set of election rules to take effect, sparking concern among conservatives and election integrity advocates. Rep. Kevin Petersen (R-Waupaca) broke with fellow Republicans last week, siding with Democrats to support a rule change that imposes tighter restrictions on election observers — and bypasses the legislative process in the eyes of many critics.
The rule package, known as Clearinghouse Rule 24-032, was crafted by the Wisconsin Elections Commission (WEC) and reviewed by the Joint Committee for the Review of Administrative Rules (JCRAR). The committee is made up of six Republicans and four Democrats. A unified Republican front could have blocked the rule, but Petersen’s vote created a 5–5 tie, allowing the rule to go into effect by default according to True North News.
Observers Face New Restrictions
The newly enacted rules significantly alter how election observers can operate at polling places. Observers are now confined to a fixed location and may not move freely to monitor various aspects of the voting process — a shift that critics argue directly undermines Wisconsin law, which requires public visibility into all election activities. At mandated distances of eight feet or more, viewing key functions like voter ID checks becomes nearly impossible.
Additionally, while news media may still take photos or video inside polling locations, the rule bars election observers from recording in any form, despite the lack of a state law prohibiting it. Oversight in nursing homes — previously a flashpoint in Wisconsin election controversies — is also curtailed under the new rules, which impose the same restrictions used at standard polling places.
Other stipulations, such as regulating restroom access and seating arrangements for observers, are being criticized as micromanagement that lacks practical benefit and enforceability.
Pushback from Lawmakers
Though some provisions — such as requiring observers to show ID and sign in — were broadly accepted, the overall impact of the rule drew fire from Republicans who say the changes erode accountability.
Rep. Adam Neylon (R-Pewaukee), who voted to oppose the rule, voiced his disappointment during a public hearing: “I feel a little bit like you didn’t even try here… You’re choosing a rule and then telling us, ‘We can’t even work with you guys.’ And I find that a little bit insulting.”
Despite those objections, the rule earned support from both former WEC chairs — Democrat Ann Jacobs and Republican Don Millis — who testified in favor of clearer statewide standards. Millis acknowledged he had concerns with certain parts of the rule but said codifying observer behavior through administrative rules was preferable to uneven local enforcement.
Still, many lawmakers maintain that significant election changes should be legislated — not pushed through administratively.
A Win for Bureaucracy, a Loss for Voters?
Critics say the real issue isn’t just the restrictions themselves — it’s how they were enacted. The Wisconsin Legislature, which holds the constitutional authority over elections, was effectively bypassed by the WEC through administrative rulemaking. Petersen’s decision to side with Democrats allowed that power shift to stand.
In a time of heightened scrutiny over election security and voter trust, the move is being seen by many as a step backward. Observers, legislators, and voters alike are left wondering what transparency will look like in future elections — and who exactly will be responsible for ensuring it.