Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB292 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-3038/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 292
5	5	May 15, 2023 - Introduced by Senators JACQUE, BALLWEG, NASS, QUINN and
6	6	STROEBEL, cosponsored by Representatives ALLEN, MAXEY, ARMSTRONG,
7	7	BODDEN, BRANDTJEN, GUSTAFSON, MURPHY and BEHNKE. Referred to Committee
8	8	on Shared Revenue, Elections and Consumer Protection.
9	9	AN ACT to renumber and amend 5.06 (1); and to create 5.06 (1) (b) and 5.06
10	10	(1) (c) of the statutes; relating to: filing a complaint with the Elections
11	11	Commission.
12	12	Analysis by the Legislative Reference Bureau
13	13	Under current law, whenever a voter believes that an election official has acted
14	14	contrary to law, or failed to act in accordance with the law, in performing his or her
15	15	duties, the voter may file a written sworn complaint with the Elections Commission.
16	16	However, the voter must be a voter in the jurisdiction or district in which the alleged
17	17	action or inaction occurred. This bill allows an adult child or parent of a voter to file
18	18	a written sworn complaint with the commission on behalf of a voter regardless of
19	19	whether the adult child or parent is a voter in the jurisdiction or district in which the
20	20	alleged action or inaction occurred. In addition, under the bill, whenever a voter
21	21	believes that a person has engaged in prohibited election practices in the voter's
22	22	jurisdiction or district, such as impersonating a registered voter or voting more than
23	23	once in the same election, the voter may file a written sworn complaint with the
24	24	commission. The bill also allows an adult child or parent of the voter to file a
25	25	complaint regardless of whether the adult child or parent is a voter in that
26	26	jurisdiction or district.
27	27	The people of the state of Wisconsin, represented in senate and assembly, do
28	28	enact as follows:
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31	31	3 - 2 -2023 - 2024 Legislature LRB-3038/1
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33	33	SECTION 1 SENATE BILL 292
34	34	SECTION 1. 5.06 (1) of the statutes is renumbered 5.06 (1) (a) and amended to
35	35	read:
36	36	5.06 (1) (a) Whenever any elector of a jurisdiction or district served by an
37	37	election official believes that a decision or action of the official or the failure of the
38	38	official to act with respect to any matter concerning nominations, qualifications of
39	39	candidates, voting qualifications, including residence, ward division and
40	40	numbering, recall, ballot preparation, election administration or conduct of elections
41	41	is contrary to law, or the official has abused the discretion vested in him or her by law
42	42	with respect to any such matter, the elector, or the elector's adult child or parent, as
43	43	provided under par. (b), may file a written sworn complaint with the commission
44	44	requesting that the official be required to conform his or her conduct to the law, be
45	45	restrained from taking any action inconsistent with the law or be required to correct
46	46	any action or decision inconsistent with the law or any abuse of the discretion vested
47	47	in him or her by law. The complaint shall set forth such facts as are within the
48	48	knowledge of the complainant to show probable cause to believe that a violation of
49	49	law or abuse of discretion has occurred or will occur. The complaint may be
50	50	accompanied by relevant supporting documents. The commission may conduct a
51	51	hearing on the matter in the manner prescribed for treatment of contested cases
52	52	under ch. 227 if it believes such action to be appropriate.
53	53	SECTION 2. 5.06 (1) (b) of the statutes is created to read:
54	54	5.06 (1) (b) The adult child of an elector or that elector's parent may file a
55	55	written sworn complaint under par. (a) on behalf of the elector, regardless of whether
56	56	the adult child or parent is an elector of the jurisdiction or district where the alleged
57	57	decision, action, or inaction occurred.
58	58	SECTION 3. 5.06 (1) (c) of the statutes is created to read:
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84	84	LRB-3038/1
85	85	JK:skw
86	86	SECTION 3
87	87	SENATE BILL 292
88	88	5.06 (1) (c) Whenever an elector believes that a person has engaged in
89	89	prohibited election practices under ch. 12 in the elector's jurisdiction or district, the
90	90	elector may file a written sworn complaint with the commission requesting that the
91	91	commission investigate the alleged violation or refer the matter to the district
92	92	attorney of the county where the alleged violation occurred or to the attorney general.
93	93	The adult child of an elector or that elector's parent may file a written sworn
94	94	complaint under this paragraph on behalf of the elector, regardless of whether the
95	95	adult child or parent is an elector of the jurisdiction or district where the alleged
96	96	violation under ch. 12 occurred.
97	97	(END)
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