Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB297 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 297
5	5	May 25, 2023 - Introduced by Representatives ALLEN, MAXEY, ARMSTRONG, BEHNKE,
6	6	BODDEN, BRANDTJEN, GUSTAFSON, MURPHY and WICHGERS, cosponsored by
7	7	Senators JACQUE, BALLWEG, NASS, QUINN and STROEBEL. Referred to
8	8	Committee on Campaigns and Elections.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to renumber and amend 5.06 (1); and to create 5.06 (1) (b) and 5.06
11	11	(1) (c) of the statutes; relating to: filing a complaint with the Elections
12	12	Commission.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, whenever a voter believes that an election official has acted
15	15	contrary to law, or failed to act in accordance with the law, in performing his or her
16	16	duties, the voter may file a written sworn complaint with the Elections Commission.
17	17	However, the voter must be a voter in the jurisdiction or district in which the alleged
18	18	action or inaction occurred. This bill allows an adult child or parent of a voter to file
19	19	a written sworn complaint with the commission on behalf of a voter regardless of
20	20	whether the adult child or parent is a voter in the jurisdiction or district in which the
21	21	alleged action or inaction occurred. In addition, under the bill, whenever a voter
22	22	believes that a person has engaged in prohibited election practices in the voter's
23	23	jurisdiction or district, such as impersonating a registered voter or voting more than
24	24	once in the same election, the voter may file a written sworn complaint with the
25	25	commission. The bill also allows an adult child or parent of the voter to file a
26	26	complaint regardless of whether the adult child or parent is a voter in that
27	27	jurisdiction or district.
28	28	The people of the state of Wisconsin, represented in senate and assembly, do
29	29	enact as follows:
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34	34	SECTION 1 ASSEMBLY BILL 297
35	35	SECTION 1. 5.06 (1) of the statutes is renumbered 5.06 (1) (a) and amended to
36	36	read:
37	37	5.06 (1) (a) Whenever any elector of a jurisdiction or district served by an
38	38	election official believes that a decision or action of the official or the failure of the
39	39	official to act with respect to any matter concerning nominations, qualifications of
40	40	candidates, voting qualifications, including residence, ward division and
41	41	numbering, recall, ballot preparation, election administration or conduct of elections
42	42	is contrary to law, or the official has abused the discretion vested in him or her by law
43	43	with respect to any such matter, the elector, or the elector's adult child or parent, as
44	44	provided under par. (b), may file a written sworn complaint with the commission
45	45	requesting that the official be required to conform his or her conduct to the law, be
46	46	restrained from taking any action inconsistent with the law or be required to correct
47	47	any action or decision inconsistent with the law or any abuse of the discretion vested
48	48	in him or her by law. The complaint shall set forth such facts as are within the
49	49	knowledge of the complainant to show probable cause to believe that a violation of
50	50	law or abuse of discretion has occurred or will occur. The complaint may be
51	51	accompanied by relevant supporting documents. The commission may conduct a
52	52	hearing on the matter in the manner prescribed for treatment of contested cases
53	53	under ch. 227 if it believes such action to be appropriate.
54	54	SECTION 2. 5.06 (1) (b) of the statutes is created to read:
55	55	5.06 (1) (b) The adult child of an elector or that elector's parent may file a
56	56	written sworn complaint under par. (a) on behalf of the elector, regardless of whether
57	57	the adult child or parent is an elector of the jurisdiction or district where the alleged
58	58	decision, action, or inaction occurred.
59	59	SECTION 3. 5.06 (1) (c) of the statutes is created to read:
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85	85	LRB-0459/1
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87	87	SECTION 3
88	88	ASSEMBLY BILL 297
89	89	5.06 (1) (c) Whenever an elector believes that a person has engaged in
90	90	prohibited election practices under ch. 12 in the elector's jurisdiction or district, the
91	91	elector may file a written sworn complaint with the commission requesting that the
92	92	commission investigate the alleged violation or refer the matter to the district
93	93	attorney of the county where the alleged violation occurred or to the attorney general.
94	94	The adult child of an elector or that elector's parent may file a written sworn
95	95	complaint under this paragraph on behalf of the elector, regardless of whether the
96	96	adult child or parent is an elector of the jurisdiction or district where the alleged
97	97	violation under ch. 12 occurred.
98	98	(END)
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