Wisconsin Statutes
Wis. Stat. § 8.30 (2026)
Candidates ineligible for ballot placement
✓ current as of July 2026
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8.30(1)(1) Except as otherwise provided in this section, the official or agency with whom declarations of candidacy are required to be filed may refuse to place the candidate’s name on the ballot if any of the following apply:
8.30(1)(a)(a) The nomination papers are not prepared, signed, and executed as required under this chapter.
8.30(1)(b)(b) It conclusively appears, either on the face of the nomination papers offered for filing, or by admission of the candidate or otherwise, that the candidate is ineligible to be nominated or elected.
8.30(1)(c)(c) 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.
8.30(2)(2) If no registration statement has been filed by or on behalf of a candidate for state or local office in accordance with s. 11.0202 (1) (a) by the applicable deadline for filing nomination papers by such candidate, or the deadline for filing a declaration of candidacy for an office for which nomination papers are not filed, the name of the candidate may not appear on the ballot. This subsection may not be construed to exempt a candidate from applicable penalties if he or she files a registration statement later than the time prescribed in s. 11.0202 (1) (a).
8.30(2m)(2m) The official or agency with whom nomination papers and declarations of candidacy are required to be filed shall not place a candidate’s name on the ballot if the candidate’s name is ineligible for ballot placement under s. 5.05 (2m) (d) 2., 15.61 (3), or 19.49 (2) (c) 2.
8.30(3)(3) The official or agency with whom declarations of candidacy are required to be filed may not place a candidate’s name on the ballot if the official or agency is prohibited from doing so under s. 19.43 (4) or an ordinance adopted under s. 19.59 (3) (b).
8.30(4)(4) The official or agency with whom a declaration of candidacy is required to be filed may not place a candidate’s name on the ballot if the candidate fails to file a declaration of candidacy within the time prescribed under s. 8.21.
8.30 HistoryHistory: 1975 c. 93; 1979 c. 120, 328; 1979 c. 355 ss. 28, 29; 1983 a. 484; 1985 a. 304; 1987 a. 391; 2001 a. 109; 2005 a. 149, 177; 2007 a. 1; 2015 a. 117, 118.
8.30 AnnotationA petitioner who timely filed with the county clerk rather than with the State Elections Board under former s. 8.10 (6) (a), 1975 stats., was barred from the ballot. State ex rel. Ahlgrimm v. State Elections Board, 82 Wis. 2d 585, 263 N.W.2d 152 (1978).
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1978–2024 · leading case: State Ex Rel. Unnamed Person No.1 v. State, 2003 WI 30 (Wis. 2003).
State Ex Rel. Unnamed Person No.1 v. State, 2003 WI 30 (Wis. 2003). “The court of appeals declared Wis. Stat. § 8.30 (4) unconstitutional *681 and granted the writ.”
Wagner v. Milwaukee Cnty. Election Comm'n, 2003 WI 103 (Wis. 2003). “If it were clear that Article VII, Section 10(1) of the Wisconsin Constitution precluded the petitioner from holding the position of County Executive prior to August 2006, the Milwaukee County Election Commission would refuse to place the petitioner's name on the ballot pursuant…”
State Ex Rel. Swan v. Elections Bd., 394 N.W.2d 732 (Wis. 1986). “The relief sought was a declaration that sec. 8.30(4), Stats., providing that the name of an unpardoned felon should not be placed on the ballot for state or local office, was unconstitutional.”
State Ex Rel. Ahlgrimm v. State Elections Bd., 263 N.W.2d 152 (Wis. 1978). “If the filing of nomination papers fits within the meaning of “prepared, signed and executed” as used in sec. 8.30(1), Stats., then indeed, the statutes prescribing the place and time for filing such papers could be said to be directory because the Board has discretion to waive…”
Roehl Transp., Inc. v. Liberty Mut. Ins., 2010 WI 49 (Wis. 2010). “Anderson, Wisconsin Insurance Law § 8.30 (5th ed. 2004). For a discussion of traditional contract remedies and the resulting recognition of a remedy in tort, see Ashley, supra note 13, §§ 2:02-2:03.”
Roehl Transp. v. Liberty Mut. Ins. Co., 2010 WI 49 (Wis. 2010). “Anderson, Wisconsin Insurance Law § 8.30 (5th ed. 2004). [27] For a discussion of traditional contract remedies and the resulting recognition of a remedy in tort, see Ashley, supra note 13, §§ 2:02-2:03.”
Morgan Hess v. Wisconsin Elections Comm'n, 2024 WI App 46 (Wis. Ct. App. 2024). “§ 8.30(1)(a). ¶29 Having reviewed the relevant statutes, we conclude that WIS.”
— Wis. Stat. § 8.30(1) — 1 case
State Ex Rel. Ahlgrimm v. State Elections Bd., 263 N.W.2d 152 (Wis. 1978). “If the filing of nomination papers fits within the meaning of “prepared, signed and executed” as used in sec. 8.30(1), Stats., then indeed, the statutes prescribing the place and time for filing such papers could be said to be directory because the Board has discretion to waive…”
— Wis. Stat. § 8.30(1)(a) — 1 case
Morgan Hess v. Wisconsin Elections Comm'n, 2024 WI App 46 (Wis. Ct. App. 2024). “§ 8.30(1)(a). ¶29 Having reviewed the relevant statutes, we conclude that WIS.”
— Wis. Stat. § 8.30(1)(c) — 1 case
Wagner v. Milwaukee Cnty. Election Comm'n, 2003 WI 103 (Wis. 2003). “If it were clear that Article VII, Section 10(1) of the Wisconsin Constitution precluded the petitioner from holding the position of County Executive prior to August 2006, the Milwaukee County Election Commission would refuse to place the petitioner's name on the ballot pursuant…”
— Wis. Stat. § 8.30(4) — 1 case
State Ex Rel. Swan v. Elections Bd., 394 N.W.2d 732 (Wis. 1986). “The relief sought was a declaration that sec. 8.30(4), Stats., providing that the name of an unpardoned felon should not be placed on the ballot for state or local office, was unconstitutional.”
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