Date of enactment:
2023 Assembly Bill 543 Date of publication*:
2023 WISCONSIN ACT
AN ACT to amend 7.41 (2) and 9.01 (1) (b) 11.; and to create 7.41 (4m) of the statutes; relating to: election observers
and providing a penalty.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 7.41 (2) of the statutes is amended to
read:
7.41 (2) The chief inspector or municipal clerk may
restrict the location of any individual exercising the right
under sub. (1) to certain areas within a polling place, the
clerk’s office, or alternate site under s. 6.855. The chief
inspector or municipal clerk shall clearly designate
observation areas for election observers under sub. (1).
The observation areas shall be not less more than 3 feet
from nor more than 8 feet from the table at which electors
announce their name and address to be issued a voter
number at the polling place, office, or alternate site and
not less more than 3 feet from nor more than 8 feet from
the table at which a person may register to vote at the poll-
ing place, office, or alternate site. The observation areas
shall be so positioned to permit any election observer to
readily observe all public aspects of the voting process.
Any election official who violates this subsection may be
imprisoned in the county jail for not more than 90 days
or fined not more than $1,000 or both.
SECTION 2. 7.41 (4m) of the statutes is created to
read:
7.41 (4m) The municipal clerk, chief inspector, and
board of canvassers shall provide election observers uni-
form and nondiscriminatory access to all stages of the
election process, including the certification of election
technologies, absentee voting in person, canvassing,
elector appeals, vote tabulation, and recounts. Any elec-
tion official who violates this subsection may be impris-
oned in the county jail for not more than 90 days or fined
not more than $1,000 or both.
SECTION 2m. 9.01 (1) (b) 11. of the statutes is
amended to read:
9.01 (1) (b) 11. All steps of the recount shall be per-
formed publicly and in accordance with s. 7.41. Except
as provided in subd. 12., all materials and ballots may be
viewed and identified by the candidates, the person
demanding the recount and their authorized representa-
tives and counsel, but only members of the board of can-
vassers and tabulators assisting them may touch any of
the materials or ballots. The candidates, the person
demanding the recount and their authorized representa-
tives and counsel may object to the counting of any bal-
lot. Any errors shall be corrected.
* 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
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”