Paulina Gutierrez, executive director of the Milwaukee Election Commission. Photo by Jeramey Jannene.

Shortly after a Milwaukee Election Commission (MEC) pre-election press conference concluded Monday morning, the Republican National Committee sued the commission and the city.

“The Milwaukee Elections Commission (sic) has arbitrarily prevented and prohibited the public from observing all aspects of the voting process at polling locations throughout the City of Milwaukee,” says the complaint filed in Milwaukee County District Court. The complaint says the city “arbitrarily limited observer access to the Serb Hall, Good Hope Library and Capitol Drive early voting sites to two or four observers.” A press release issued with the complaint said the city intends to do the same on Election Day.

“We don’t give a number,” said MEC managing director Paulina Gutierrez during the press conference before the lawsuit was filed. “We have no boundaries. We welcome observers. We want them there.”

The lawsuit says the city gave instructions to chief inspectors, the top employees at each of its 180 polling places, that those with the smallest polling places could limit access to no more than two observers from each political party.

Gutiérrez said during the press conference that the electoral commission and inspectors have the authority to ensure a “smooth operation” of the electoral process. “Our top priority is to ensure that democracy takes place,” she said. Wisconsin Elections Commission guidance allows clerks to appropriately restrict access to observers if their presence interferes with voting or causes congestion.

“The City of Milwaukee is committed to ensuring the greatest possible transparency in elections. This includes housing all observers at voting locations,” the city said in a statement after the RNC announced its lawsuit. “The Milwaukee Election Commission rejects the RNC’s claims. Although the MEC maintains open communication with the RNC, including a meeting just last night, it appears their goal from the start has been to file a lawsuit. The MEC denies the accusation that the number of observers is being arbitrarily restricted. However, observers may be subject to reasonable limitations, a power granted to chief inspectors under Wisconsin law. At no time was the Republican Party denied the presence of an observer during the in-person absentee voting period, nor will it be denied such presence on Election Day.”

Gutiérrez said before the lawsuit was announced that the central count at the Baird Center, where more than 105,000 mail-in ballots will be counted, was designed to hold about 2,900 people and that many observers would be allowed in, but that he had asked not to gather under certain circumstances areas.

“We never want to turn away observers,” she said during the press conference.

But Republican leaders say the city is doing just that.

“Wisconsin voters deserve to know that poll watchers from both parties will be in the room while votes are cast and counted on Election Day. The RNC did not recruit and train thousands of volunteers in the Badger State just to back down from misguided officials who want to prevent a full level of transparency in election monitoring. “This lawsuit will force officials in Milwaukee to ensure the Republican Party robust poll watcher access,” the RNC chairman said Michael Whatley and co-chair Lara Trump in a statement.

The RNC is represented by lawyers Kevin Scott from New Berlin and Kurt Goehre from Green Bay. The case is pending before the judge Michael Hanrahan.

Under Wisconsin law, a poll watcher can be any person who has an interest in the election process. You are required to register at the polling stations. Other behavioral and location restrictions include a ban on taking photos or videos of ballots or the voting process and a requirement that observers be six to eight feet away from tables where voters check in or register to vote . They must not attempt to influence the outcome of the election, for example by wearing clothing that supports a candidate.

The American Civil Liberties Union of Wisconsin encourages individuals experiencing issues to call its Election Protection Hotline at 866-OUR-VOTE (866-687-8683).

“If voters need assistance on Election Day or have observed issues at the polls such as voter intimidation or other barriers to entry, please contact Election Protection,” he said Melinda BrennanExecutive Director of the ACLU of Wisconsin. “We stand ready to protect voter rights and ensure this election runs smoothly.”

Individuals, Gutiérrez said, can also contact law enforcement with urgent safety concerns. “For security reasons, our law enforcement partners are out there,” the election official said. The U.S. Department of Justice announced Friday that Milwaukee is one of four locations in Wisconsin where it is providing additional assistance during the election.

The RNC previously said it hopes to have more than 5,000 poll watchers in Wisconsin.