LRB-2193/1
SWB&JK:wlj&amn
2021 - 2022 LEGISLATURE
March 16, 2021 - Introduced by Senators Stroebel, Darling and Felzkowski,
cosponsored by Representatives Brooks, VanderMeer, Loudenbeck, Murphy,
Knodl and Skowronski. Referred to Committee on Elections, Election Process
Reform and Ethics.
SB213,1,2 1An Act to amend 5.06 (2), 971.19 (12) and 971.223 (1); and to create 12.14 of
2the statutes; relating to: actions for violations of elections laws.
Analysis by the Legislative Reference Bureau
This bill provides that in an action relating to a violation of state election laws,
venue is proper in any county within the area covered by any office on the ballot for
the election that is affected by the conduct alleged to be in violation of the state
election laws. Under current law, for violations of state election laws, a defendant
who is a resident of this state is generally tried in the circuit court for the county
where the defendant resides, except that a defendant who is a resident of the state
may move the court to change the place of trial to the county where the offense was
committed.
Under current law, a voter who believes that an election official has acted
contrary to law with regard to the administration of elections may file a written
sworn complaint with the Elections Commission requesting that the official be
required to conform his or her conduct to the law. No individual who is authorized
to file a complaint, other than a district attorney or the attorney general, may
commence an action or proceeding to test the validity of any decision, action, or
failure to act on the part of any election official without first filing a complaint. Under
this bill, any person may commence an action or proceeding to test the validity of any

decision, action, or failure to act on the part of any election official without first filing
a complaint.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB213,1 1Section 1. 5.06 (2) of the statutes is amended to read:
SB213,2,102 5.06 (2) No Any person who is authorized to file a complaint under sub. (1) ,
3other than the attorney general or a district attorney,
may commence an action or
4proceeding to test the validity of any decision, action or failure to act on the part of
5any election official with respect to any matter specified in sub. (1) without first filing
6a complaint under sub. (1), nor prior to disposition of the complaint by the
7commission. A complaint is deemed disposed of if the commission fails to transmit
8an acknowledgment of receipt of the complaint within 5 business days from the date
9of its receipt or if the commission concludes its investigation without a formal
10decision
.
SB213,2 11Section 2. 12.14 of the statutes is created to read:
SB213,2,14 1212.14 Venue. In an action for a violation of chs. 5 to 12, venue is proper in any
13county within the area covered by any office on the ballot for the election that is
14affected by the conduct alleged to be in violation of chs. 5 to 12.
SB213,3 15Section 3. 971.19 (12) of the statutes is amended to read:
SB213,3,216 971.19 (12) Except as provided in s. 971.223, in an action for a violation of chs.
175 to 12,
subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law
18arising from or in relation to the official functions of the subject of the investigation
19or any matter that involves elections, ethics , or lobbying regulation under chs. 5 to
2012,
subch. III of ch. 13, or subch. III of ch. 19, a defendant who is a resident of this
21state shall be tried in circuit court for the county where the defendant resides. For

1purposes of this subsection, a person other than a natural person resides within a
2county if the person's principal place of operation is located within that county.
SB213,4 3Section 4. 971.223 (1) of the statutes is amended to read:
SB213,3,104 971.223 (1) In an action for a violation of chs. 5 to 12, subch. III of ch. 13, or
5subch. III of ch. 19, or for a violation of any other law arising from or in relation to
6the official functions of the subject of the investigation or any matter that involves
7elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or
8subch. III of ch. 19, a defendant who is a resident of this state may move to change
9the place of trial to the county where the offense was committed. The motion shall
10be in writing.
SB213,3,1111 (End)
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