LRB-4877/1
JK:skw
2021 - 2022 LEGISLATURE
March 10, 2022 - Introduced by Representatives Allen, Brooks, Brandtjen and
Murphy, cosponsored by Senator Jacque. Referred to Committee on
Campaigns and Elections.
AB1163,1,3 1An Act to renumber and amend 5.06 (1); and to create 5.06 (1) (b) and 5.06
2(1) (c) of the statutes; relating to: filing a complaint with the Elections
3Commission.
Analysis by the Legislative Reference Bureau
Under current law, whenever a voter believes that an election official has acted
contrary to law, or failed to act in accordance with the law, in performing his or her
duties, the voter may file a written sworn complaint with the Elections Commission.
However, the voter must be a voter in the jurisdiction or district in which the alleged
action or inaction occurred. This bill allows an adult child or parent of a voter to file
a written sworn complaint with the commission on behalf of a voter regardless of
whether the adult child or parent is a voter in the jurisdiction or district in which the
alleged action or inaction occurred. In addition, under the bill, whenever a voter
believes that a person has engaged in prohibited election practices in the voter's
jurisdiction or district, such as impersonating a registered voter or voting more than
once in the same election, the voter may file a written sworn complaint with the
commission. The bill also allows an adult child or parent of the voter to file a
complaint regardless of whether the adult child or parent is a voter in that
jurisdiction or district.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1163,1
1Section 1. 5.06 (1) of the statutes is renumbered 5.06 (1) (a) and amended to
2read:
AB1163,2,193 5.06 (1) (a) Whenever any elector of a jurisdiction or district served by an
4election official believes that a decision or action of the official or the failure of the
5official to act with respect to any matter concerning nominations, qualifications of
6candidates, voting qualifications, including residence, ward division and
7numbering, recall, ballot preparation, election administration or conduct of elections
8is contrary to law, or the official has abused the discretion vested in him or her by law
9with respect to any such matter, the elector, or the elector's adult child or parent, as
10provided under par. (b),
may file a written sworn complaint with the commission
11requesting that the official be required to conform his or her conduct to the law, be
12restrained from taking any action inconsistent with the law or be required to correct
13any action or decision inconsistent with the law or any abuse of the discretion vested
14in him or her by law. The complaint shall set forth such facts as are within the
15knowledge of the complainant to show probable cause to believe that a violation of
16law or abuse of discretion has occurred or will occur. The complaint may be
17accompanied by relevant supporting documents. The commission may conduct a
18hearing on the matter in the manner prescribed for treatment of contested cases
19under ch. 227 if it believes such action to be appropriate.
AB1163,2 20Section 2. 5.06 (1) (b) of the statutes is created to read:
AB1163,2,2421 5.06 (1) (b) The adult child of an elector or that elector's parent may file a
22written sworn complaint under par. (a) on behalf of the elector, regardless of whether
23the adult child or parent is an elector of the jurisdiction or district where the alleged
24decision, action, or inaction occurred.
AB1163,3 25Section 3. 5.06 (1) (c) of the statutes is created to read:
AB1163,3,9
15.06 (1) (c) Whenever an elector believes that a person has engaged in
2prohibited election practices under ch. 12 in the elector's jurisdiction or district, the
3elector may file a written sworn complaint with the commission requesting that the
4commission investigate the alleged violation or refer the matter to the district
5attorney of the county where the alleged violation occurred or to the attorney general.
6The adult child of an elector or that elector's parent may file a written sworn
7complaint under this paragraph on behalf of the elector, regardless of whether the
8adult child or parent is an elector of the jurisdiction or district where the alleged
9violation under ch. 12 occurred.
AB1163,3,1010 (End)
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