Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB496 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 496
5	5	October 18, 2023 - Introduced by Representatives SNODGRASS, SHELTON, CONLEY,
6	6	HONG, JACOBSON, JOERS, KRUG, MAXEY, MOORE OMOKUNDE, OHNSTAD, RATCLIFF,
7	7	SINICKI and STUBBS, cosponsored by Senators SMITH, CARPENTER, HESSELBEIN
8	8	and LARSON. Referred to Committee on Campaigns and Elections.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 13.02 (5) and 19.465 of the statutes; relating to: requiring
11	11	certain persons holding a state elective office to serve as an election official.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill requires that each nonjudicial elective state official, during the
14	14	person's first term of office and once every three years during subsequent terms,
15	15	serve as an election official for an election held where the person resides, not
16	16	including an election in which the person is a candidate on the ballot. The
17	17	requirement under the bill applies to the offices of governor, lieutenant governor,
18	18	secretary of state, state treasurer, state superintendent of public instruction, state
19	19	senator, and state representative to the assembly.
20	20	The bill requires the nonjudicial elective state official to be appointed and
21	21	trained in the same manner as other election officials and to serve as an election
22	22	official no fewer than eight hours on election day. Under the bill, the person receives
23	23	no compensation for serving as an election official. In addition, after satisfying the
24	24	requirement, the person must certify that fact to the Ethics Commission. However,
25	25	the requirement does not apply to a person who files with the commission a sworn
26	26	statement from a physician or physician assistant verifying that the person is
27	27	physically incapable of serving as an election official for eight hours on election day.
28	28	Under the bill, the appointment of a nonjudicial elective state official to serve as an
29	29	election official does not count towards any limit that a municipality imposes on the
30	30	number of election officials hired or appointed.
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34	34	ASSEMBLY BILL 496
35	35	Finally, the bill prohibits the legislature and all legislative committees from
36	36	meeting on a day in which an election, other than a special election, is being held in
37	37	this state for a local, state, or national office.
38	38	The people of the state of Wisconsin, represented in senate and assembly, do
39	39	enact as follows:
40	40	SECTION 1. 13.02 (5) of the statutes is created to read:
41	41	13.02 (5) Neither the assembly nor the senate shall meet on any day in which
42	42	an election, other than a special election, is being held in this state for a local, state,
43	43	or national office, nor shall a legislative committee meet on any such day.
44	44	SECTION 2. 19.465 of the statutes is created to read:
45	45	19.465 Requirement to serve as election official. (1) In this section:
46	46	(a) “Election official" has the meaning given in s. 5.02 (4e).
47	47	(b) “Nonjudicial elective state office” means the offices of governor, lieutenant
48	48	governor, secretary of state, state treasurer, state superintendent, state senator, and
49	49	state representative to the assembly.
50	50	(c) “Nonjudicial elective state official” means any person who holds a
51	51	nonjudicial elective state office or has been elected to a nonjudicial elective state
52	52	office but has not yet taken office. A person who is appointed to fill a vacant
53	53	nonjudicial elective state office is a nonjudicial elective state official.
54	54	(2) (a) Except as provided in par. (b), each nonjudicial elective state official,
55	55	during the person's first term holding a nonjudicial elective state office and once
56	56	every 3 years during subsequent terms, shall serve as an election official for an
57	57	election held in the municipality where the person resides, except that the person
58	58	may not serve as an election official for an election in which the person is a candidate
59	59	on the ballot. The nonjudicial elective state official shall be appointed and trained
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82	82	SECTION 2
83	83	ASSEMBLY BILL 496
84	84	in the same manner as other election officials are appointed and trained under ss.
85	85	7.30, 7.31, and 7.315. For purposes of this subsection, the nonjudicial elective state
86	86	official shall serve as an election official on election day for no fewer than 8 hours.
87	87	In addition, the appointment of a nonjudicial elective state official to serve as an
88	88	election official, as provided under this subsection, does not count towards any limit
89	89	that a municipality imposes on the number of election officials hired or appointed to
90	90	serve at an election.
91	91	(b) This subsection does not apply to any nonjudicial elective state official who
92	92	is physically incapable of serving as an election official for 8 hours on election day,
93	93	if the nonjudicial elective state official provides to the ethics commission, in the form
94	94	and manner determined by the commission, a sworn statement from a physician, as
95	95	defined in s. 448.01 (5), or physician assistant, as defined in s. 448.971 (2), that
96	96	verifies that the official is physically incapable of serving as an election official for
97	97	8 hours on election day.
98	98	(3) It is compatible with his or her office for a nonjudicial elective state official
99	99	to serve as an election official appointed under s. 7.30 (2) (a), but the nonjudicial
100	100	elective state official may not be compensated for that service, notwithstanding s.
101	101	7.03.
102	102	(4) After the nonjudicial elective state official satisfies the requirement under
103	103	sub. (2), the official shall certify to the ethics commission, in the form and manner
104	104	determined by the commission, that the official has satisfied the requirement.
105	105	(END)
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