When called upon to assist an elector who cannot read or write, has difficulty in reading, writing or understanding English, or is unable to mark a ballot or depress a lever or button on a voting machine, inform the elector that a ballot contains names or words different than are printed or displayed on the ballot with the intent of inducing the elector to vote contrary to his or her inclination, intentionally fail to cast a vote in accordance with the elector's instructions or reveal the elector's vote to any 3rd person.
Forge or falsely make the official endorsement on a ballot or knowingly deposit a ballot in the ballot box upon which the names or initials of the ballot clerks, or those of issuing clerks do not appear.
When not authorized, during or after an election, break open or violate the seals or locks on a ballot box containing ballots of that election or obtain unlawful possession of a ballot box with official ballots; conceal, withhold or destroy ballots or ballot boxes; willfully, fraudulently or forcibly add to or diminish the number of ballots legally deposited in a ballot box; or aid or abet any person in doing any of the acts prohibited by this paragraph.
Fraudulently change a ballot of an elector so the elector is prevented from voting for whom the elector intended.
Receive a ballot from or give a ballot to a person other than the election official in charge.
Vote or offer to vote a ballot except as has been received from one of the inspectors.
Receive a completed ballot from a voter unless qualified to do so.
Solicit a person to show how his or her vote is cast.
Remove a ballot from a polling place before the polls are closed.
Solicit another elector to offer assistance under s. 6.82 (2)
or 6.87 (5)
, except in the case of an elector who is blind or visually impaired to the extent that the elector cannot read a ballot.
Obtain an absentee ballot as the agent of another elector under s. 6.86 (3)
and fail or refuse to deliver it to such elector.
Provide false documentation of identity for the purpose of inducing an election official to permit the person or another person to vote.
Refuse to obey a lawful order of an inspector made for the purpose of enforcing the election laws; engage in disorderly behavior at or near a polling place; or interrupt or disturb the voting or canvassing proceedings.
After an election, break the locks or seals or reset the counters on a voting machine except in the course of official duties carried out at the time and in the manner prescribed by law; or disable a voting machine so as to prevent an accurate count of the votes from being obtained; or open the registering or recording compartments of a machine with intent to do any such act.
Tamper with automatic tabulating equipment or any record of votes cast or computer program which is to be used in connection with such equipment to count or recount votes at any election so as to prevent or attempt to prevent an accurate count of the votes from being obtained.
Compensate a person who obtains voter registration forms from other persons at a rate that varies in relation to the number of voter registrations obtained by the person.
Willfully provide to a municipal clerk false information for the purpose of obtaining a confidential listing under s. 6.47 (2)
for that person or another person.
Disclose to any person information provided under s. 6.47 (8)
when not authorized to do so.
(5) Unauthorized release of records or investigatory information. 12.13(5)(a)(a)
Except as specifically authorized by law and except as provided in par. (b)
, no investigator, prosecutor, employee of an investigator or prosecutor, or member or employee of the commission may disclose information related to an investigation or prosecution under chs. 5
, or any other law specified in s. 978.05 (1)
or provide access to any record of the investigator, prosecutor, or the commission that is not subject to access under s. 5.05 (5s)
to any person other than an employee or agent of the prosecutor or investigator or a member, employee, or agent of the commission prior to presenting the information or record in a court of law.
This subsection does not apply to any of the following communications made by an investigator, prosecutor, employee of an investigator or prosecutor, or member or employee of the commission:
Communications made in the normal course of an investigation or prosecution.
Communications with a local, state, or federal law enforcement or prosecutorial authority.
Communications made to the attorney of an investigator, prosecutor, employee, or member of the commission or to a person or the attorney of a person who is investigated or prosecuted by the commission.
History: 1973 c. 334
; 1975 c. 85
; 1977 c. 427
; 1979 c. 89
; 1983 a. 183
; 1983 a. 192
; 1983 a. 484
, 172 (3)
; 1983 a. 491
; 1985 a. 304
; 1987 a. 391
; 1989 a. 192
; 1991 a. 316
; 1999 a. 49
; 2001 a. 16
; 2003 a. 265
; 2005 a. 451
; 2007 a. 1
; 2011 a. 23
; 2013 a. 159
; 2015 a. 117
; 2015 a. 118
, 266 (10)
Sub. (5) does not apply to district attorneys or law enforcement agencies. It only applies to the government accountability board, its employees and agents, and the investigators and prosecutors retained by the board, and the assistants to those persons. OAG 7-09
Whoever violates s. 12.03
or 12.13 (2) (b) 8.
, (3) (b)
may be fined not more than $1,000, or imprisoned not more than 6 months or both.
Whoever violates s. 12.13 (5)
may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
If a successful candidate for public office, other than a candidate for the legislature or a candidate for national office, is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a)
committed during his or her candidacy, the court shall after entering judgment enter a supplemental judgment declaring a forfeiture of the candidate's right to office. The supplemental judgment shall be transmitted to the officer or agency authorized to issue the certificate of nomination or election to the office for which the person convicted is a candidate. If the candidate's term has begun, the office shall become vacant. The office shall then be filled in the manner provided by law.
If a successful candidate for the legislature or U.S. congress is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a)
committed during his or her candidacy, the court shall after entering judgment certify its findings to the presiding officer of the legislative body to which the candidate was elected.
Any election official who is convicted of any violation of this chapter shall, in addition to the punishment otherwise provided, be disqualified to act as an election official for a term of 5 years from the time of conviction.
Prosecutions under this chapter shall be conducted in accordance with s. 11.1401 (2)