Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB300 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 300
5	5	May 25, 2023 - Introduced by Representatives GOEBEN, ORTIZ-VELEZ, SORTWELL,
6	6	ALLEN, BALDEH, BEHNKE, BINSFELD, GUSTAFSON, KITCHENS, KRUG, MAXEY,
7	7	MICHALSKI, MOSES, MURPHY, MYERS, NEDWESKI, O'CONNOR, SCHMIDT, STEFFEN,
8	8	SUBECK, TITTL and WICHGERS, cosponsored by Senators JACQUE, TAYLOR, QUINN
9	9	and TOMCZYK. Referred to Committee on Criminal Justice and Public Safety.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 19.36 (14), 66.0512 and 940.20 (4m) of the statutes; relating
12	12	to: an election official's personal information, battery against election officials,
13	13	whistleblower protection for municipal clerks, county clerks, and election
14	14	officials who witness and report election fraud or irregularities, and providing
15	15	a penalty.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill prohibits public access to records that contain the personally
18	18	identifiable information of election officials or election registration officials, except
19	19	that a public records custodian may provide access to the name and city and state of
20	20	residence of an election official or election registration official. Current law provides
21	21	a number of similar exceptions for providing public access to records. For example,
22	22	current law limits access to records containing personal information regarding
23	23	individuals who hold a state or local public office or the personal information of
24	24	applicants for a public position.
25	25	Current law also allows access to certain records that are not otherwise
26	26	accessible. For example, state agencies and local units of government may provide
27	27	records to assist legislative committees. This bill does not affect the operation of that
28	28	provision nor other similar provisions.
29	29	Under current law, a person who intentionally causes bodily harm to another
30	30	person commits the crime of simple battery and is guilty of a Class A misdemeanor.
31	31	Current law provides greater penalties for special circumstances battery, which is
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36	36	5 - 2 -2023 - 2024 Legislature LRB-2882/1
37	37	JK&SWB:amn&cjs
38	38	ASSEMBLY BILL 300
39	39	defined as intentionally causing or threatening to cause bodily harm to certain
40	40	persons. For example, under current law, a person who intentionally causes bodily
41	41	harm to a public officer to influence his or her action or as a result of an action he or
42	42	she took is guilty of a Class I felony. This bill makes it a Class I felony to intentionally
43	43	cause bodily harm to an election official, election registration official, county clerk,
44	44	or municipal clerk who is acting in his or her capacity.
45	45	This bill also provides whistleblower protection for municipal clerks, county
46	46	clerks, and election officials who witness and report election fraud or irregularities.
47	47	Under the bill, “municipal clerk” means a city clerk, town clerk, village clerk, and the
48	48	executive director of the city election commission and their authorized
49	49	representatives, as well as, in appropriate circumstances, the clerk of a school
50	50	district. Under the bill, “county clerk” includes the executive director of the county
51	51	board of election commissioners and their authorized representatives. Also, under
52	52	the bill, “election official” means an individual who is charged with any duties
53	53	relating to the conduct of an election.
54	54	The bill prohibits employment discrimination against a municipal clerk, county
55	55	clerk, or election official, including by being discharged, disciplined, or demoted, as
56	56	a reprisal because the clerk or election official lawfully reported, or is believed to have
57	57	reported, witnessing what the clerk or election official reasonably believed to be
58	58	election fraud or irregularities.
59	59	Because this bill creates a new crime or revises a penalty for an existing crime,
60	60	the Joint Review Committee on Criminal Penalties may be requested to prepare a
61	61	report.
62	62	The people of the state of Wisconsin, represented in senate and assembly, do
63	63	enact as follows:
64	64	SECTION 1. 19.36 (14) of the statutes is created to read:
65	65	19.36 (14) IDENTITIES OF ELECTION OFFICIALS OR ELECTION REGISTRATION OFFICIALS.
66	66	Unless access is specifically authorized or required by statute, an authority shall not
67	67	provide access under s. 19.35 (1) to records containing the personally identifiable
68	68	information of an election official, as defined in s. 5.02 (4e), or an election registration
69	69	official, as defined in s. 5.02 (4g), except that an authority may provide access to the
70	70	name of an election official or election registration official and the city and state
71	71	where the official resides.
72	72	SECTION 2. 66.0512 of the statutes is created to read:
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84	84	SECTION 2
85	85	ASSEMBLY BILL 300
86	86	66.0512 Whistleblower protection for certain disclosures made by
87	87	municipal clerks. No municipal clerk, as defined in s. 5.02 (10), county clerk, as
88	88	defined in s. 5.02 (2), or election official, as defined in s. 5.02 (4e), may be discharged,
89	89	disciplined, demoted, or otherwise discriminated against in regard to employment,
90	90	or threatened with any such treatment, as a reprisal because the clerk or election
91	91	official lawfully reported, or is believed to have reported, witnessing what the clerk
92	92	or election official reasonably believed to be election fraud or irregularities. For
93	93	purposes of this section, “lawfully reported” means a report of information the
94	94	disclosure of which is not expressly prohibited by state or federal law, rule, or
95	95	regulation.
96	96	SECTION 3. 940.20 (4m) of the statutes is created to read:
97	97	940.20 (4m) BATTERY TO ELECTION OFFICIALS, ELECTION REGISTRATION OFFICIALS,
98	98	OR CLERKS. (a) In this subsection:
99	99	1. “County clerk” has the meaning given in s. 5.02 (2).
100	100	2. “Election official” has the meaning given in s. 5.02 (4e).
101	101	3. “Election registration official” has the meaning given in s. 5.02 (4g).
102	102	4. “Municipal clerk” has the meaning given in s. 5.02 (10).
103	103	(b) Whoever intentionally causes bodily harm to an election official, election
104	104	registration official, county clerk, or municipal clerk who is acting in his or her
105	105	official capacity is guilty of a Class I felony if the person knows or has reason to know
106	106	that the victim is an election official, election registration official, county clerk, or
107	107	municipal clerk and the victim does not consent to the harm.
108	108	(END)
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