Wisconsin Legislative Council AMENDMENT MEMO One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc Memo published: January 18, 2024 Contact: Katie Bender-Olson, Principal Attorney 2023 Senate Bill 366 Senate Substitute Amendment 1 2023 SENATE BILL 366 2023 Senate Bill 366 addresses the closing of polling places by a municipality. The bill imposes certain requirements on a municipality seeking to close a polling place within the 30 days prior to an election. To do so, the municipality must meet the following: (1) the closure is approved by the municipal clerk and the mayor, village board president, or town board president; (2) the clerk posts public notice on the municipality’s website; and (3) the clerk publishes specified notices in the newspaper. However, the municipality cannot close more than 50 percent of its polling places within 30 days before an election. The bill imposes different requirements on a municipality seeking to discontinue the use of a polling place at a time other than within 30 days before an election. To do so, the municipality must first hold a public hearing and the city council, village board, or town board must provide approval. SENATE SUBSTITUTE AMENDMENT 1 Senate Substitute Amendment 1 imposes slightly different requirements on a municipality seeking to close a polling place within the 30 days prior to an election. The substitute amendment requires a municipality to fulfill the following conditions: (1) a majority of the members-elect of the city council, village board, or town board make a finding of emergency; (2) a majority of the members-elect and the municipal clerk approve the closure; (3) the clerk posts public notice on the municipality’s website; (4) the clerk publishes specified notices in the newspaper; (5) the clerk stations a person at the closed location to notify voters of the closure and their new polling location; and (6) for a municipality with only one polling place, the new polling location is approved by the majority of the members-elect and the clerk. The substitute amendment prohibits a municipality from closing more than 50 percent of its polling places within 30 days before an election, but creates an exception for a municipality with only one polling place. Like the original bill, the substitute amendment requires that a municipality seeking to discontinue the use of a polling place at a time other than within 30 days before an election must hold a public hearing and obtain approval from the city council, village board, or town board. Finally, the substitute amendment clarifies that the new provisions do not affect current law allowing poll workers to move a polling place to another location on Election Day, if necessary. BILL HISTORY Senate Substitute Amendment 1 was offered by Senator Taylor on January 5, 2024. On January 11, 2024, the Senate Committee on Shared Revenue, Elections, and Consumer Protection adopted the substitute amendment and passed the bill, as amended, on votes of Ayes, 5; Noes, 0. For a full history of the bill, visit the Legislature’s bill history page. KBO:jal