Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB560 Compare Versions

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

Old	New	Differences
1	1	LRB-4574/1
2	2	JK:cjs
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 560
5	5	October 23, 2023 - Introduced by Senators QUINN, NASS and TOMCZYK, cosponsored
6	6	by Representatives TITTL, ALLEN, ARMSTRONG, BEHNKE, BRANDTJEN, DITTRICH,
7	7	GOEBEN, MICHALSKI, MURPHY, MURSAU, O'CONNOR, RETTINGER, ROZAR and
8	8	WICHGERS. Referred to Committee on Shared Revenue, Elections and
9	9	Consumer Protection.
10	10	AN ACT to amend 7.41 (2); and to create 7.41 (4m) of the statutes; relating to:
11	11	election observers and providing a penalty.
12	12	Analysis by the Legislative Reference Bureau
13	13	Current law allows any member of the public to observe the conduct of an
14	14	election at a polling place or at a site for voting by absentee ballot in person. An
15	15	individual may also observe the canvassing of absentee ballots. Under current law,
16	16	an election observer must print his or her name and sign and date a log maintained
17	17	by the municipal clerk or chief inspector. In addition, the clerk or chief inspector
18	18	must designate an observation area that is not less than three feet from nor more
19	19	than eight feet from the table where voters announce their name and address and
20	20	not less than three feet from nor more than eight feet from the table where
21	21	individuals are registered to vote. The clerk or chief inspector must establish the
22	22	observation area at a location where an observer may readily observe all aspects of
23	23	the voting process. Finally, the clerk or chief inspector may remove an election
24	24	observer who disrupts the voting process, engages in electioneering, or posts
25	25	election-related material.
26	26	Current law also requires a board of canvassers to publicly conduct all steps of
27	27	a recount. During the conduct, the person who petitioned for the recount, the
28	28	opposing candidates, and other interested persons are entitled to be present in
29	29	person and by counsel to observe the proceedings.
30	30	This bill requires the municipal clerk, chief inspector, and board of canvassers
31	31	to provide election observers uniform and nondiscriminatory access to all stages of
32	32	the election process, including recounts. The bill also modifies the size of the
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34	34	2 - 2 -2023 - 2024 Legislature LRB-4574/1
35	35	JK:cjs
36	36	SENATE BILL 560
37	37	observation area required under current law so that it is not more than three feet
38	38	from the table where voters announce their name and address and not more than
39	39	three feet from the table where individuals are registered to vote. Finally, any person
40	40	who violates the provisions under the bill may be imprisoned in the county jail for
41	41	not more than 90 days or fined not more than $1,000 or both
42	42	Because this bill creates a new crime or revises a penalty for an existing crime,
43	43	the Joint Review Committee on Criminal Penalties may be requested to prepare a
44	44	report.
45	45	The people of the state of Wisconsin, represented in senate and assembly, do
46	46	enact as follows:
47	47	SECTION 1. 7.41 (2) of the statutes is amended to read:
48	48	7.41 (2) The chief inspector or municipal clerk may restrict the location of any
49	49	individual exercising the right under sub. (1) to certain areas within a polling place,
50	50	the clerk's office, or alternate site under s. 6.855. The chief inspector or municipal
51	51	clerk shall clearly designate observation areas for election observers under sub. (1).
52	52	The observation areas shall be not less more than 3 feet from nor more than 8 feet
53	53	from the table at which electors announce their name and address to be issued a voter
54	54	number at the polling place, office, or alternate site and not less more than 3 feet from
55	55	nor more than 8 feet from the table at which a person may register to vote at the
56	56	polling place, office, or alternate site. The observation areas shall be so positioned
57	57	to permit any election observer to readily observe all public aspects of the voting
58	58	process. Any person who violates this subsection may be imprisoned in the county
59	59	jail for not more than 90 days or fined not more than $1,000 or both.
60	60	SECTION 2. 7.41 (4m) of the statutes is created to read:
61	61	7.41 (4m) The municipal clerk, chief inspector, and board of canvassers shall
62	62	provide election observers uniform and nondiscriminatory access to all stages of the
63	63	election process, including the certification of election technologies, absentee voting
64	64	in person, canvassing, elector appeals, vote tabulation, and recounts. Any person
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82	82	18 - 3 -2023 - 2024 Legislature
83	83	LRB-4574/1
84	84	JK:cjs
85	85	SECTION 2
86	86	SENATE BILL 560
87	87	who violates this subsection may be imprisoned in the county jail for not more than
88	88	90 days or fined not more than $1,000 or both.
89	89	(END)
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