Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB543 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Date of enactment:
2		-	2023 Assembly Bill 543 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	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
5		-	and providing a penalty.
6		-	The people of the state of Wisconsin, represented in
7		-	senate and assembly, do enact as follows:
8		-	SECTION 1. 7.41 (2) of the statutes is amended to
9		-	read:
10		-	7.41 (2) The chief inspector or municipal clerk may
11		-	restrict the location of any individual exercising the right
12		-	under sub. (1) to certain areas within a polling place, the
13		-	clerk’s office, or alternate site under s. 6.855. The chief
14		-	inspector or municipal clerk shall clearly designate
15		-	observation areas for election observers under sub. (1).
16		-	The observation areas shall be not less more than 3 feet
17		-	from nor more than 8 feet from the table at which electors
18		-	announce their name and address to be issued a voter
19		-	number at the polling place, office, or alternate site and
20		-	not less more than 3 feet from nor more than 8 feet from
21		-	the table at which a person may register to vote at the poll-
22		-	ing place, office, or alternate site. The observation areas
23		-	shall be so positioned to permit any election observer to
24		-	readily observe all public aspects of the voting process.
25		-	Any election official who violates this subsection may be
26		-	imprisoned in the county jail for not more than 90 days
27		-	or fined not more than $1,000 or both.
28		-	SECTION 2. 7.41 (4m) of the statutes is created to
29		-	read:
30		-	7.41 (4m) The municipal clerk, chief inspector, and
31		-	board of canvassers shall provide election observers uni-
32		-	form and nondiscriminatory access to all stages of the
33		-	election process, including the certification of election
34		-	technologies, absentee voting in person, canvassing,
35		-	elector appeals, vote tabulation, and recounts. Any elec-
36		-	tion official who violates this subsection may be impris-
37		-	oned in the county jail for not more than 90 days or fined
38		-	not more than $1,000 or both.
39		-	SECTION 2m. 9.01 (1) (b) 11. of the statutes is
40		-	amended to read:
41		-	9.01 (1) (b) 11. All steps of the recount shall be per-
42		-	formed publicly and in accordance with s. 7.41. Except
43		-	as provided in subd. 12., all materials and ballots may be
44		-	viewed and identified by the candidates, the person
45		-	demanding the recount and their authorized representa-
46		-	tives and counsel, but only members of the board of can-
47		-	vassers and tabulators assisting them may touch any of
48		-	the materials or ballots. The candidates, the person
49		-	demanding the recount and their authorized representa-
50		-	tives and counsel may object to the counting of any bal-
51		-	lot. Any errors shall be corrected.
52		-	* 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
53		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 543
	5	+	October 18, 2023 - Introduced by Representatives TITTL, ALLEN, ARMSTRONG,
	6	+	BEHNKE, BRANDTJEN, DITTRICH, GOEBEN, MICHALSKI, MURPHY, MURSAU,
	7	+	O'CONNOR, RETTINGER, ROZAR and WICHGERS, cosponsored by Senators QUINN,
	8	+	NASS and TOMCZYK. Referred to Committee on Campaigns and Elections.
	9	+	*AUTHORS SUBJECT TO CHANGE*
	10	+	AN ACT to amend 7.41 (2); and to create 7.41 (4m) of the statutes; relating to:
	11	+	election observers and providing a penalty.
	12	+	Analysis by the Legislative Reference Bureau
	13	+	Current law allows any member of the public to observe the conduct of an
	14	+	election at a polling place or at a site for voting by absentee ballot in person. An
	15	+	individual may also observe the canvassing of absentee ballots. Under current law,
	16	+	an election observer must print his or her name and sign and date a log maintained
	17	+	by the municipal clerk or chief inspector. In addition, the clerk or chief inspector
	18	+	must designate an observation area that is not less than three feet from nor more
	19	+	than eight feet from the table where voters announce their name and address and
	20	+	not less than three feet from nor more than eight feet from the table where
	21	+	individuals are registered to vote. The clerk or chief inspector must establish the
	22	+	observation area at a location where an observer may readily observe all aspects of
	23	+	the voting process. Finally, the clerk or chief inspector may remove an election
	24	+	observer who disrupts the voting process, engages in electioneering, or posts
	25	+	election-related material.
	26	+	Current law also requires a board of canvassers to publicly conduct all steps of
	27	+	a recount. During the conduct, the person who petitioned for the recount, the
	28	+	opposing candidates, and other interested persons are entitled to be present in
	29	+	person and by counsel to observe the proceedings.
	30	+	This bill requires the municipal clerk, chief inspector, and board of canvassers
	31	+	to provide election observers uniform and nondiscriminatory access to all stages of
	32	+	the election process, including recounts. The bill also modifies the size of the
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	36	+	ASSEMBLY BILL 543
	37	+	observation area required under current law so that it is not more than three feet
	38	+	from the table where voters announce their name and address and not more than
	39	+	three feet from the table where individuals are registered to vote. Finally, any person
	40	+	who violates the provisions under the bill may be imprisoned in the county jail for
	41	+	not more than 90 days or fined not more than $1,000 or both
	42	+	Because this bill creates a new crime or revises a penalty for an existing crime,
	43	+	the Joint Review Committee on Criminal Penalties may be requested to prepare a
	44	+	report.
	45	+	The people of the state of Wisconsin, represented in senate and assembly, do
	46	+	enact as follows:
	47	+	SECTION 1. 7.41 (2) of the statutes is amended to read:
	48	+	7.41 (2) The chief inspector or municipal clerk may restrict the location of any
	49	+	individual exercising the right under sub. (1) to certain areas within a polling place,
	50	+	the clerk's office, or alternate site under s. 6.855. The chief inspector or municipal
	51	+	clerk shall clearly designate observation areas for election observers under sub. (1).
	52	+	The observation areas shall be not less more than 3 feet from nor more than 8 feet
	53	+	from the table at which electors announce their name and address to be issued a voter
	54	+	number at the polling place, office, or alternate site and not less more than 3 feet from
	55	+	nor more than 8 feet from the table at which a person may register to vote at the
	56	+	polling place, office, or alternate site. The observation areas shall be so positioned
	57	+	to permit any election observer to readily observe all public aspects of the voting
	58	+	process. Any person who violates this subsection may be imprisoned in the county
	59	+	jail for not more than 90 days or fined not more than $1,000 or both.
	60	+	SECTION 2. 7.41 (4m) of the statutes is created to read:
	61	+	7.41 (4m) The municipal clerk, chief inspector, and board of canvassers shall
	62	+	provide election observers uniform and nondiscriminatory access to all stages of the
	63	+	election process, including the certification of election technologies, absentee voting
	64	+	in person, canvassing, elector appeals, vote tabulation, and recounts. Any person
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	85	+	SECTION 2
	86	+	ASSEMBLY BILL 543
	87	+	who violates this subsection may be imprisoned in the county jail for not more than
	88	+	90 days or fined not more than $1,000 or both.
	89	+	(END)
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