AB966: Bill Text

AB966,7,13 (b) Paragraph (a) does not apply to an individual who is engaged in the act of voting.

AB966,7,17 (c) Paragraph (a) does not apply to an individual who is called by a municipal clerk or the inspectors at a polling place to a polling place or the vicinity of a polling place for the purpose of delivering ballots, assisting with the closing of a polling place, preserving order, investigating a suspected violation of a law, or enforcing a law.

AB966,7,20 (d) Paragraph (a) does not apply to an individual who is engaged in routine action to enforce or investigate an alleged violation of a law unrelated to the election that is being held.

AB966,7,24 (6) No person, by means of distribution, dissemination, transmission, broadcast, or posting, may falsely warn of or imply, with intent to intimidate, suppress or deter a prospective voter from exercising his or her right to vote in an election, any of the following:

AB966,7,25 (a) The presence of law enforcement or immigration officers at a polling place.

AB966,8,2 (b) That voting in the election may result in arrest, conviction, forfeitures, fines, or imprisonment.

AB966,8,5 (c) That voting in the election may result in deportation, academic discipline, loss of academic standing, loss of child custody or placement, or loss of financial benefits.

AB966,8,9 (7) No person, by means of distribution, dissemination, transmission, broadcast, or posting, may falsely warn of or imply, with intent to intimidate, suppress, or deter a prospective voter from exercising his or her right to vote in an election, that any of the following will disqualify an elector from voting:

AB966,8,10 (a) An outstanding parking or traffic citation.

AB966,8,11 (b) Outstanding child support obligations.

AB966,8,12 (c) Overdue rent.

AB966,8,13 (d) An arrest warrant.

AB966,8,14 (e) A criminal arrest or conviction history, except as provided in s. 6.03 (1) (b).

AB966,8,15 (f) A civil arrest or conviction history.

AB966,8,16 (g) Nonresident student status at an institution of higher education.

AB966,8,20 (8) No person, by means of distribution, dissemination, transmission, broadcast, or posting, may make a false statement concerning voter eligibility, concerning when, where, or how to vote in an election, or concerning the penalties for voting improperly.

AB966,8,23 (9) No person, with intent to intimidate, suppress, or deter a prospective voter from exercising his or her right to vote in an election, may urge a prospective voter not to complete or return an absentee ballot.

AB966, s. 11 Section 11. 12.60 (1) (a) of the statutes is amended to read:

AB966,9,2 12.60 (1) (a) Whoever violates s. 12.09, 12.10, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony.

AB966, s. 12 Section 12. 12.60 (4) of the statutes is amended to read:

AB966,9,7 12.60 (4) Prosecutions under this chapter shall be conducted in accordance with s. 11.61 (2), except that prosecutions for alleged violations of s. 12.10 may be brought by the district attorney for the county where the violation is alleged to occur or by the attorney general.

AB966, s. 13 Section 13. 12.61 of the statutes is created to read:

AB966,9,21 12.61 Voter intimidation and suppression; enforcement. (1) Any elector may sue for injunctive relief to compel compliance with s. 12.10. Before commencing an action under this subsection, an elector shall file a verified complaint with the district attorney for the county where the violation is alleged to occur and the attorney general alleging such facts as are within his or her knowledge to show probable cause to believe that a violation has occurred or is proposed to occur. If the district attorney and the attorney general both refuse or otherwise fail to commence an action within 10 days of the filing of the complaint, the elector may commence an action. Separate from any other bond which may be required by the court, the elector may be required to post a surety bond in an amount determined by the court sufficient to cover the actual costs, including reasonable attorney fees, of both parties. If the elector's action is not successful, he or she shall pay the costs of the action.

AB966,9,25 (2) Any person who is injured by a violation of s. 12.10 may bring a civil action against the alleged violator for damages resulting from the violation. If the court finds that an injury resulted from the violation, the court shall award compensatory damages to the injured party, plus exemplary damages of not less than $100. The court shall also award the actual and necessary costs of the action, including reasonable attorney fees, to the injured party if he or she prevails.

AB966, s. 14 Section 14. 165.25 (11) of the statutes is created to read:

AB966,10,6 165.25 (11) Voter intimidation and suppression. Investigate and prosecute violations of s. 12.10. All expenses of the proceedings shall be paid from the appropriation under s. 20.455 (1) (d).

AB966, s. 15 Section 15. 978.05 (1) of the statutes, as affected by 2007 Wisconsin Act 1, is amended to read:

AB966,10,24 978.05 (1) Criminal actions. Except as otherwise provided by law, prosecute all criminal actions before any court within his or her prosecutorial unit and have sole responsibility for prosecution of all criminal actions arising from violations of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, except actions arising from violations of s. 12.10, and have sole responsibility for prosecution of criminal actions arising from violations of other laws arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, except actions arising from violations of s. 12.10, that are alleged to be committed by a resident of his or her prosecutorial unit, or if alleged to be committed by a nonresident of this state, that are alleged to occur in his or her prosecutorial unit unless another prosecutor is substituted under s. 5.05 (2m) (i) or this chapter or by referral of the government accountability board under s. 5.05 (2m) (c) 15. or 16. For purposes of this subsection, a person other than a natural person is a resident of a prosecutorial unit if the person's principal place of operation is located in that prosecutorial unit.

AB966, s. 16 Section 16. Effective date.

AB966,11,2 (1) This act takes effect on the initiation date specified in 2007 Wisconsin Act 1, section 209 (1), or the day after publication, whichever is later.

AB966,11,3 (End)