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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1201
April 9, 2024 - Introduced by Representatives HAYWOOD, JOERS, RATCLIFF, EMERSON,
BARE, SNODGRASS, SINICKI, CONLEY, MOORE OMOKUNDE, ANDRACA, CONSIDINE,
HONG, OHNSTAD and NEUBAUER, cosponsored by Senators HESSELBEIN, L.
JOHNSON, LARSON, SPREITZER and ROYS. Referred to Committee on Campaigns
and Elections.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 12.06 of the statutes; relating to: persons previously
nominated as presidential electors serving in certain public offices related to
elections.
Analysis by the Legislative Reference Bureau
Under current law, the political parties, as well as independent and write-in
candidates, nominate one presidential elector from each congressional district and
two electors from the state at large. At the election for president and vice president,
a vote for a slate of candidates for president and vice president is a vote for the
presidential electors pledged to that slate of candidates. The presidential electors
of the winning candidates for president and vice president convene after the election,
vote for the candidates to whom they are pledged, and transmit their votes to the
state's chief elections inspector—the administrator of the Wisconsin Elections
Commission—and to Congress.
This bill prohibits any person who was nominated as a presidential elector
pledged to losing candidates for president and vice president in a presidential
election and who convened with other presidential electors pledged to those losing
candidates who then cast votes for those losing candidates in the election and
transmitted or attempted to transmit their votes to the administrator of the
Elections Commission, or to Congress for purposes of presidential elections held
prior to the bill's effective date, from doing any of the following:
1. Serving in the office of presidential elector for Wisconsin.
2. Serving as a member of the Elections Commission or its staff.
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ASSEMBLY BILL 1201
3. Serving as the administrator of the Elections Commission.
4. Serving as an election official. Under current law, any individual who is
charged with any duties relating to the conduct of an election is an election official.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 12.06 of the statutes is created to read:
12.06 Presidential electors for losing candidates. (1) No person who was
nominated as a presidential elector pledged to losing candidates for president and
vice president in a presidential election and who convened with other presidential
electors pledged to those losing candidates who then cast votes for those losing
candidates in the election and transmitted or attempted to transmit their votes to the
administrator of the commission as the chief election officer of the state for purposes
of 3 USC 11 may do any of the following:
(a) Serve in the office of presidential elector for this state.
(b) Serve as a member of the commission or its staff.
(c) Serve as the commission administrator.
(d) Serve as an election official.
(2) For presidential elections held prior to the effective date of this subsection
.... [LRB inserts date], the prohibition under sub. (1) applies to any person who was
nominated as a presidential elector pledged to losing candidates for president and
vice president in the presidential election and who convened with other presidential
electors pledged to those losing candidates who then cast votes for those losing
candidates in the election and transmitted or attempted to transmit their votes to
Congress.
SECTION 2. 0Initial applicability.
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SECTION 2
ASSEMBLY BILL 1201
(1) This act first applies to a person serving in an office specified in s. 12.06 (1)
(a) to (d) on the effective date of this subsection.
(END)
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