Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB298 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Date of enactment: March 21, 2024
2		-	2023 Assembly Bill 298 Date of publication*: March 22, 2024
3		-	2023 WISCONSIN ACT 124
4		-	AN ACT to renumber and amend 5.25 (3); and to create 5.25 (3) (a) 1. to 5., 5.25 (3) (b), 5.25 (3) (c) and 5.25 (3)
5		-	(d) of the statutes; relating to: polling place closures.
6		-	The people of the state of Wisconsin, represented in
7		-	senate and assembly, do enact as follows:
8		-	SECTION 1. 5.25 (3) of the statutes is renumbered
9		-	5.25 (3) (a) (intro.) and amended to read:
10		-	5.25 (3) (a) (intro.) Polling places shall be established
11		-	for each election at least 30 days before the election. Sub-
12		-	ject to par. (b), no polling place so established in a munic-
13		-	ipality may be closed to voters on election day unless the
14		-	majority of the members−elect, as defined in s. 66.10015
15		-	(1) (bs), of the governing body of the municipality makes
16		-	a finding of emergency, both the majority of the mem-
17		-	bers−elect of the governing body of the municipality and
18		-	the municipal clerk approve the closure, and the munici-
19		-	pal clerk does all of the following:
20		-	SECTION 2. 5.25 (3) (a) 1. to 5. of the statutes are cre-
21		-	ated to read:
22		-	5.25 (3) (a) 1. Posts public notice of the closure on the
23		-	municipality’s website or, if the municipality does not
24		-	maintain a website, posts notices in at least 3 different
25		-	locations within the municipality reasonably calculated
26		-	to notify the most residents.
27		-	2. Publishes a class 3 notice under ch. 985 notifying
28		-	the public of the closure.
29		-	3. Publishes a class 2 or class 1 notice under ch. 985
30		-	notifying the public of the closure if time does not permit
31		-	publication of a class 3 notice.
32		-	4. Designates a proper person who shall be stationed
33		-	at or as near as possible to the closed location to notify all
34		-	electors of the closure and of their new polling location.
35		-	5. In a municipality establishing one polling place
36		-	only, establishes a new polling location approved by the
37		-	majority of the members−elect of the governing body and
38		-	the municipal clerk.
39		-	SECTION 3. 5.25 (3) (b) of the statutes is created to
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 298
	5	+	May 25, 2023 - Introduced by Representatives SORTWELL, ORTIZ-VELEZ, BALDEH,
	6	+	BEHNKE, GUNDRUM, GUSTAFSON, KITCHENS, MOSES, MYERS, STEFFEN, STUBBS
	7	+	and KRUG, cosponsored by Senators TAYLOR, JACQUE, BALLWEG and TOMCZYK.
	8	+	Referred to Committee on Campaigns and Elections.
	9	+	*AUTHORS SUBJECT TO CHANGE*
	10	+	AN ACT to renumber and amend 5.25 (3); and to create 5.25 (3) (a) 1., 2. and
	11	+	3., 5.25 (3) (b) and 5.25 (3) (c) of the statutes; relating to: polling place closures.
	12	+	Analysis by the Legislative Reference Bureau
	13	+	Under current law, polling places are required to be established for each
	14	+	election at least 30 days before the election. Under this bill, under no circumstance
	15	+	may a municipality close more than one-half of its polling places within 30 days
	16	+	before an election. Additionally, the bill prohibits a municipality from closing any
	17	+	polling place within 30 days before an election without both the head of the governing
	18	+	body of the municipality and the municipal clerk approving the closures and without
	19	+	the municipal clerk doing all of the following:
	20	+	1. Posting public notice of the closures on the municipality's website or, if the
	21	+	municipality does not maintain a website, posting notices in at least 3 different
	22	+	locations within the municipality reasonably calculated to notify the most residents.
	23	+	2. Publishing three notices in a newspaper likely to give notice in the area
	24	+	notifying the public of the closures.
	25	+	3. Publishing two notices or one notice in a newspaper likely to give notice in
	26	+	the area if time does not permit publication of three notices.
	27	+	Additionally, under the bill, if after an election and more than 30 days before
	28	+	the next election, a municipality wishes to discontinue a polling place location, the
	29	+	municipality's governing body may approve the discontinuation only after a public
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	34	+	hearing at which the public has an opportunity to present testimony on the proposed
	35	+	discontinuation.
	36	+	The people of the state of Wisconsin, represented in senate and assembly, do
	37	+	enact as follows:
	38	+	SECTION 1. 5.25 (3) of the statutes is renumbered 5.25 (3) (a) and amended to
40	39		read:
41		-	5.25 (3) (b) Under no circumstance may a municipal-
42		-	ity close more than one−half of its polling places within
43		-	30 days before an election, except as provided in par. (a)
44		-	5.
45		-	SECTION 4. 5.25 (3) (c) of the statutes is created to
46		-	read:
47		-	5.25 (3) (c) After an election and more than 30 days
48		-	before the next election, the location of a polling place in
49		-	a municipality may not be discontinued without the
50		-	approval of the municipality’s governing body after a
51		-	public hearing at which the public has an opportunity to
52		-	present testimony on the proposed discontinuation.
53		-	SECTION 5. 5.25 (3) (d) of the statutes is created to
54		-	read:
55		-	5.25 (3) (d) Nothing in this subsection alters the
56		-	authority of the election inspectors to adjourn to another
57		-	location for voting on election day under s. 7.37 (1).
58		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
59		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
	40	+	5.25 (3) (a) Polling places shall be established for each election at least 30 days
	41	+	before the election. Subject to par. (b), no polling place so established in a
	42	+	municipality may be closed to voters on election day without the approval of both the
	43	+	head of the governing body of the municipality and the municipal clerk and without
	44	+	the municipal clerk doing all of the following:
	45	+	SECTION 2. 5.25 (3) (a) 1., 2. and 3. of the statutes are created to read:
	46	+	5.25 (3) (a) 1. Posting public notice of the closures on the municipality's website
	47	+	or, if the municipality does not maintain a website, by posting notices in at least 3
	48	+	different locations within the municipality reasonably calculated to notify the most
	49	+	residents.
	50	+	2. Publishing a class 3 notice under ch. 985 notifying the public of the closures.
	51	+	3. Publishing a class 2 or class 1 notice notifying the public of the closures if
	52	+	time does not permit publication of a class 3 notice.
	53	+	SECTION 3. 5.25 (3) (b) of the statutes is created to read:
	54	+	5.25 (3) (b) Under no circumstance may a municipality close more than
	55	+	one-half of its polling places within 30 days before an election.
	56	+	SECTION 4. 5.25 (3) (c) of the statutes is created to read:
	57	+	5.25 (3) (c) After an election and more than 30 days before the next election,
	58	+	the location of a polling place in a municipality may not be discontinued without the
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	82	+	SECTION 4
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	84	+	approval of the municipality's governing body after a public hearing at which the
	85	+	public has an opportunity to present testimony on the proposed discontinuation.
	86	+	(END)
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