AB141: Bill Text

LRB-0697/1

MES:kmg:cph

2003 - 2004 LEGISLATURE

2003 Assembly BILL 141

March 6, 2003 - Introduced by Representatives Krug, Jeskewitz, Plouff, A. Williams, Pocan, Coggs, Berceau, Turner and Sinicki, cosponsored by Senators Wirch and Carpenter. Referred to Committee on Campaigns and Elections.

AB141,1,3 An Act to create 66.0501 (5) of the statutes; relating to: the eligibility of employees of cities, villages, towns, and counties to be candidates for elective public office.

Analysis by the Legislative Reference Bureau

Under current law, no political subdivision (city, village, town, or county), other than a 1st class city (currently only Milwaukee) or a county with a population of 500,000 or more (currently only Milwaukee County), may prohibit a law enforcement officer who is employed by a political subdivision from being a candidate for elective public office, if he or she is otherwise qualified to be a candidate. Also under current law, no law enforcement officer may be required, as a condition of being a candidate for any elective public office, to take a leave of absence during his or her candidacy.

Under this bill, no political subdivision, including a 1st class city and a county with a population of 500,000 or more, may prohibit any other employee of a political subdivision from being a candidate for elective public office, if he or she is otherwise qualified to be a candidate. Also under the bill, no employee of a political subdivision may be required, as a condition of being a candidate for any elective public office, to take a leave of absence during his or her candidacy. The bill does not apply to individuals to whom the federal Hatch Act applies. Generally, the Hatch Act prohibits a state or local officer whose position is funded by federal funds from being a candidate for elective office unless he or she takes a leave of absence.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB141, s. 1 Section 1. 66.0501 (5) of the statutes is created to read:

AB141,2,2 66.0501 (5) Employees may be candidates. (a) In this subsection:

AB141,2,3 1. "Political subdivision" means a city, village, town, or county.

AB141,2,6 2. "Public employee" means any individual employed by a political subdivision, other than an individual to whom s. 164.06 applies and other than an individual to whom 5 USC 1502 (a) (3) applies.

AB141,2,13 (b) No political subdivision may prohibit a public employee from being a candidate for any elective public office, if that individual is otherwise qualified to be a candidate. No public employee may be required, as a condition of being a candidate for any elective public office, to take a leave of absence during his or her candidacy. This subsection does not affect the authority of a political subdivision to regulate the conduct of a public employee while the public employee is on duty or otherwise acting in an official capacity.

AB141,2,14 (End)