5.08 Petition for enforcement. In addition to or in lieu of filing a complaint, any elector may file a verified petition alleging such facts as are within his or her knowledge to indicate that an election official has failed or is failing to comply with any law regulating the conduct of elections or election campaigns, other than a law regulating campaign financing, or proposes to act in a manner inconsistent with such a law, and requesting that an action be commenced for injunctive relief, a writ of mandamus or prohibition or other such legal or equitable relief as may be appropriate to compel compliance with the law. The petition shall be filed with the district attorney for the county having jurisdiction to prosecute the alleged failure to comply under s. 978.05 (1) and (2). The district attorney may then commence the action or dismiss the petition. If the district attorney declines to act upon the petition or if the district attorney fails to act upon the petition within 15 days of the date of filing, the petitioner may file the same petition with the attorney general, who may then commence the action.
History: 1983 a. 484; 2007 a. 1; 2015 a. 118.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 5 - Elections — general provisions; ballots and voting systems.
5.025 - Elections commission; definition.
5.05 - Elections commission; powers and duties.
5.055 - Election assistance commission standards board.
5.056 - Matching program with secretary of transportation.
5.06 - Compliance review; appeal.
5.061 - Compliance with federal Help America Vote Act.
5.07 - Action to compel compliance.
5.08 - Petition for enforcement.
5.081 - Petition for enforcement of voting rights.
5.15 - Division of municipalities into wards.
5.18 - Enforcement of division requirement.
5.35 - Polling place requirements.
5.36 - Notice of voting by individuals with disabilities.
5.37 - Voting machine requirements.
5.40 - Use of voting machines or systems.
5.52 - Multi-candidate elections.
5.53 - Voting machine ballots.
5.56 - Multiple columns and rows.
5.58 - Spring primary ballots.
5.60 - Spring election ballots.
5.62 - Partisan primary ballots.
5.64 - General election ballots.
5.65 - Special referendum ballots.
5.72 - Correcting ballot errors.
5.76 - Adoption, experimentation or discontinuance of systems.
5.79 - Instruction of electors.
5.80 - Demonstrator electronic voting system.
5.81 - Ballot information; arrangement; absentee ballots.
5.83 - Preparation for use of voting devices; comparison of ballots.
5.84 - Testing of equipment; requirements for programs and ballots.
5.85 - Receiving, counting, tallying and return of ballots.
5.86 - Proceedings at central counting locations.
5.91 - Requisites for approval of ballots, devices and equipment.