LRB-2227/1
JEO:cmh:hmh
1999 - 2000 LEGISLATURE
October 25, 1999 - Introduced by Representatives Gundrum, Albers, Nass, Pettis,
Ladwig, Ainsworth, F. Lasee, Vrakas, Owens, Goetsch and Underheim.
Referred to Committee on Criminal Justice.
AB552,1,2
1An Act to create 942.09 of the statutes;
relating to: unauthorized removal,
2concealment, defacement or destruction of a petition and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, no person may fraudulently deface or destroy a recall
petition or a petition for a referendum. This bill creates a new crime relating to the
removal, concealment, defacement or destruction of petitions. Under the bill, a
person may not remove a petition from a place where it is lawfully displayed or
conceal, deface or destroy a petition for the purpose of interfering with the collection
of signatures. The bill applies both to recall and referendum petitions and to other
types of petitions, but it does not apply to petitions displayed on property without the
consent of the owner or occupant or to petitions drafted for use in administrative,
judicial or quasi-judicial proceedings. A person violating this prohibition may be
fined up to $10,000 or imprisoned up to nine months or both.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB552, s. 1
3Section
1. 942.09 of the statutes is created to read:
AB552,2,2
4942.09 Interfering with petition process. (1) Whoever, with intent to
5interfere with the collection of signatures, conceals, defaces or destroys a petition or
1removes a petition from the place where it is being lawfully displayed is guilty of a
2Class A misdemeanor.
AB552,2,3
3(2) This section does not apply to any of the following:
AB552,2,64
(a) An owner or occupant of property who removes, conceals, defaces or destroys
5a petition that has been displayed on the property without the consent of the owner
6or occupant.
AB552,2,97
(b) A petition in a form that has been approved by statute or by a court or
8administrative order, rule or decision for submission in connection with an
9administrative, judicial or quasi-judicial proceeding.
