LRB-5021/1
JK/CMH/SWB:all
2023 - 2024 LEGISLATURE
November 7, 2023 - Introduced by Senator Jacque, cosponsored by
Representatives Goeben, Rozar, Ortiz-Velez, Behnke, Dittrich, S. Johnson,
Maxey, O'Connor and Rettinger. Referred to Committee on Shared Revenue,
Elections and Consumer Protection.
SB632,1,7
1An Act to amend 165.68 (2) (b); and
to create 6.47 (1) (ak), 12.09 (4), 19.36 (14),
266.0512, 165.68 (1) (dm), 165.68 (2) (am), 813.125 (5d), 939.624, 940.20 (4m),
3947.0125 (2) (g) and (3) (h) and 995.50 (2) (am) 5. and 6. of the statutes;
relating
4to: an election official's personal information; battery against election officials;
5whistleblower protection for municipal clerks, county clerks, and election
6officials who witness and report election fraud or irregularities; harassing
7election officials; and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill makes a number of changes to current law regarding election officials.
Public access to records identifying an election official
The bill prohibits public access to records that contain the personally
identifiable information of election officials or election registration officials, except
that a public records custodian may provide access to the name and city and state of
residence of an election official or election registration official. Current law provides
a number of similar exceptions for providing public access to records. For example,
current law limits access to records containing personal information regarding
individuals who hold a state or local public office or the personal information of
applicants for a public position.
Current law also allows access to certain records that are not otherwise
accessible. For example, state agencies and local units of government may provide
records to assist legislative committees. The bill does not affect the operation of that
provision nor other similar provisions.
Causing bodily harm to an election official
Under current law, a person who intentionally causes bodily harm to another
person commits the crime of simple battery and is guilty of a Class A misdemeanor.
Current law provides greater penalties for special circumstances battery, which is
defined as intentionally causing or threatening to cause bodily harm to certain
persons. For example, under current law, a person who intentionally causes bodily
harm to a public officer to influence his or her action or as a result of an action he or
she took is guilty of a Class I felony. The bill makes it a Class I felony to intentionally
cause bodily harm to an election official, election registration official, county clerk,
or municipal clerk who is acting in his or her capacity.
Harassing an election official
Current law prohibits an individual from harassing another individual over the
phone or over email or other computer messaging system. The penalties for such
actions range from a Class B forfeiture to a Class B misdemeanor depending on the
act, the intent, and the circumstances. This bill creates a Class B misdemeanor for
an actor who, with intent to frighten, intimidate, threaten, or abuse another
individual or an individual's family member, distributes via social media the
individual's personal identifying information if the actor knows or should know that
the distribution would likely result in the individual being subject to unwanted
contact, injury, or harassment. The bill creates a Class B forfeiture if the actor
distributes an individual's personal identifying information via social media with the
intent to harass or annoy the individual or a family member of the individual. This
bill increases the penalties for violating these harassment prohibitions (including
the ones created in the bill) by one penalty classification if the act is taken against
an election official while acting in that role, due to that role, or in response to an
action taken by the election official.
Current law provides that no person may personally or through an agent make
use of or threaten to make use of force in order to induce or compel a voter to vote or
refrain from voting or to vote or refrain from voting for or against a particular
candidate. The penalty for such actions is a Class I felony. This bill additionally
provides that no person may personally or through an agent make use of or threaten
to make use of force in order to induce or compel an election official to act contrary
to his or her official duties under current law.
Under current law, the Department of Justice administers an address
confidentiality program. Under current law, the program is available to victims of
of abuse, including child abuse, domestic abuse, sexual abuse, stalking, or human
trafficking, or a parent, guardian, or household member of a victim of abuse, if the
victim fears for his or her safety or the safety of his or her child or ward. The bill
makes the program available to election officials who are victims of stalking or
harassment and fear for their safety if the stalking or harassment occurred while the
election official was acting in that role, due to that role, or in response to an action
taken by the election official.
The bill also allows an election official who files a petition for a harassment
restraining order to be able to collect attorney fees and other costs if the petition
prevails and the harassment occurred while the petitioner was acting as an election
official, due to the petitioner's role as an election official, or in response to an action
taken by the petitioner as an election official.
Whistleblower protections
The bill provides whistleblower protection for municipal clerks, county clerks,
and election officials who witness and report election fraud or irregularities. Under
the bill, “municipal clerk” means a city clerk, town clerk, village clerk, and the
executive director of the city election commission and their authorized
representatives, as well as, in appropriate circumstances, the clerk of a school
district. Under the bill, “county clerk” includes the executive director of the county
board of election commissioners and their authorized representatives. Also, under
the bill, “election official” means an individual who is charged with any duties
relating to the conduct of an election.
The bill prohibits employment discrimination against a municipal clerk, county
clerk, or election official, including by being discharged, disciplined, or demoted, as
a reprisal because the clerk or election official lawfully reported, or is believed to have
reported, witnessing what the clerk or election official reasonably believed to be
election fraud or irregularities.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB632,1
1Section 1
. 6.47 (1) (ak) of the statutes is created to read:
SB632,3,32
6.47
(1) (ak) “Election official” has the meaning given in s. 5.02 (4e) and
3includes an “election registration official,” as defined in s. 5.02 (4g).
SB632,2
4Section 2
. 12.09 (4) of the statutes is created to read:
SB632,3,85
12.09
(4) No person may personally or through an agent make use of or
6threaten to make use of force, violence, or restraint in order to induce or compel an
7election official or election registration official to act contrary to his or her official
8duties under this chapter and chs. 5 to 10.
SB632,3
9Section 3
. 19.36 (14) of the statutes is created to read:
SB632,4,9
119.36
(14) Identities of election officials or election registration officials.
2Unless access is specifically authorized or required by statute, neither a municipal
3clerk, as defined in s. 5.02 (10), nor a county clerk, as defined in s. 5.02 (2), shall
4provide access under s. 19.35 (1) to records containing the personally identifiable
5information of an election official, as defined in s. 5.02 (4e), or an election registration
6official, as defined in s. 5.02 (4g), during the term for which the individual serves as
7an election official or election registration official, except that an authority may
8provide access to the name of an election official or election registration official and
9the city and state where the official resides.
SB632,4
10Section 4
. 66.0512 of the statutes is created to read:
SB632,4,21
1166.0512 Whistleblower protection for certain disclosures made by
12municipal clerks. No municipal clerk, as defined in s. 5.02 (10), county clerk, as
13defined in s. 5.02 (2), or election official, as defined in s. 5.02 (4e), may be discharged,
14disciplined, demoted, or otherwise discriminated against in regard to his or her
15employment as a clerk or election official, or threatened with any such treatment, as
16a reprisal because the clerk or election official lawfully reported, or is believed to have
17reported, witnessing what the clerk or election official reasonably believed to be
18election fraud or irregularities during his or her course of employment as a clerk or
19election official. For purposes of this section, “lawfully reported” means a report of
20information the disclosure of which is not expressly prohibited by state or federal law,
21rule, or regulation.
SB632,5
22Section 5
. 165.68 (1) (dm) of the statutes is created to read:
SB632,4,2423
165.68
(1) (dm) “Election official” has the meaning given in s. 5.02 (4e) and
24includes an “election registration official,” as defined in s. 5.02 (4g).
SB632,6
25Section 6
. 165.68 (2) (am) of the statutes is created to read:
SB632,5,3
1165.68
(2) (am) An election official is eligible for participation in the
2confidentiality program established in this section if he or she attests all of the
3following:
SB632,5,44
1. That he or she is a resident of this state.
SB632,5,95
2. That he or she is an election official and is a victim of a violation under s.
612.09 (4), 940.32, 947.012, 947.0125, or 947.013, or a resident of the household of a
7victim of such a violation, and the violation occurred while the victim was acting as
8an election official, due to the victim's role as an election official, or in response to any
9action taken by the victim as an election official.
SB632,5,1110
3. That he or she fears for his or her physical safety or for the physical safety
11of a resident of his or her household.
SB632,5,1312
4. That he or she will not disclose his or her actual address to the person who
13committed the violation under subd. 2.
SB632,7
14Section 7
. 165.68 (2) (b) of the statutes is amended to read:
SB632,5,1915
165.68
(2) (b) A person is eligible under par. (a)
or (am) regardless of whether
16any criminal charges have been brought relating to any act or threat against the
17person, whether the person has sought any restraining order or injunction relating
18to any act or threat against the person, or whether the person has reported any act
19or threat against him or her to a law enforcement officer or agency.
SB632,8
20Section 8
. 813.125 (5d) of the statutes is created to read:
SB632,6,321
813.125
(5d) Elections official petitioner. If the petitioner is an election
22official, as defined in s. 5.02 (4e), or an election registration official, as defined in s.
235.02 (4g), the court, in its discretion, may allow the prevailing party in the action
24reasonable attorney fees and costs if the harassment occurred while the petitioner
25was acting as an election official or election registration official, due to the
1petitioner's role as an election official or election registration official, or in response
2to any action taken by the petitioner as an election official or election registration
3official.
SB632,9
4Section 9
. 939.624 of the statutes is created to read:
SB632,6,7
5939.624 Increased penalty for certain crimes against election officials. 6(1) In this section, “election official” has the meaning given in s. 5.02 (4e) and
7includes an “election registration official,” as defined in s. 5.02 (4g).
SB632,6,12
8(2) If a person commits, personally or through an agent, a violation of s.
9947.012, 947.0125, or 947.013 against an election official while the victim was acting
10as an election official, due to the victim's role as an election official, or in response
11to any action taken by the victim as an election official, the penalty may be increased
12as follows:
SB632,6,1413
(a) A violation under s. 947.012 (2), 947.0125 (3), or 947.013 (1m) may be
14increased to a Class A forfeiture.
SB632,6,1615
(b) A violation under s. 947.012 (1) or 947.0125 (2) may be increased to a Class
16A misdemeanor.
SB632,10
17Section 10
. 940.20 (4m) of the statutes is created to read:
SB632,6,1918
940.20
(4m) Battery to election officials, election registration officials,
19or clerks. (a) In this subsection:
SB632,6,2020
1. “County clerk” has the meaning given in s. 5.02 (2).
SB632,6,2121
2. “Election official” has the meaning given in s. 5.02 (4e).