Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB822 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment: ~~March 21, 2024~~
2		-	2023 Senate Bill 822 Date of publication*: ~~March 22, 2024~~
3		-	2023 WISCONSIN ACT ~~126~~
	1	+	Date of enactment:
	2	+	2023 Senate Bill 822 Date of publication*:
	3	+	2023 WISCONSIN ACT
4	4		AN ACT to repeal 11.0101 (14); to amend 11.0101 (1) (a) 1., 11.0101 (1) (a) 2., 11.0101 (34), 11.0102 (title), 11.0102
5	5		(2) (a), 11.0102 (2) (b), 11.0103 (1) (b), 11.0103 (3) (b), 11.0104 (1) (a), 11.0104 (1) (d), 11.0104 (2), 11.0105 (1)
6	6		(a), 11.0202 (1) (a), 11.0203 (1) (c), 11.0204 (7), 11.0304 (7), 11.0404 (4), 11.1101 (1) (h) 2., 11.1101 (2) (h) 2.,
7	7		11.1101 (3) (k) 2., 11.1101 (4) (k) 2., 11.1106 (3), 11.1201, 11.1304 (1), 11.1304 (5), 11.1304 (6) (a), 202.12 (5) (a)
8	8		2., 755.01 (2) and 755.01 (4); to repeal and recreate 11.0102 (1) and 11.0102 (3); and to create 5.02 (4v), 19.36 (14),
9	9		66.0512 and 940.20 (4m) of the statutes; relating to: local candidates filing campaign finance reports, an election
10	10		official’s personal information, battery against election officials, whistleblower protection for municipal clerks,
11	11		county clerks, and election officials who witness and report election fraud or irregularities, and providing a penalty.
12	12		The people of the state of Wisconsin, represented in
13	13		senate and assembly, do enact as follows:
14	14		SECTION 1. 5.02 (4v) of the statutes is created to read:
15	15		5.02 (4v) For purposes of chs. 5 to 10 and 12, “filing
16	16		officer” means the following:
17	17		(a) For a candidate for state office, as defined in s.
18	18		5.02 (23), the elections commission.
19	19		(b) For a candidate seeking local office, the clerk of
20	20		the most populous jurisdiction for which the candidate
21	21		seeks office.
22	22		(c) For a candidate for municipal judge elected under
23	23		s. 755.01 (4), the county clerk or board of election com-
24	24		missioners of the county having the largest portion of the
25	25		population in the jurisdiction served by the judge.
26	26		(d) For a candidate for school board member, the
27	27		school district clerk.
28	28		SECTION 2. 11.0101 (1) (a) 1. of the statutes is
29	29		amended to read:
30	30		11.0101 (1) (a) 1. Files nomination papers with the
31	31		appropriate filing officer, as determined under s. 5.02
32	32		(4v).
33	33		SECTION 3. 11.0101 (1) (a) 2. of the statutes is
34	34		amended to read:
35	35		11.0101 (1) (a) 2. Is nominated as a candidate for
36	36		state or local office by a caucus under s. 8.05 (1) or by a
37	37		political party and the nomination is certified to the
38	38		appropriate filing officer, as determined under s. 5.02
39	39		(4v).
40	40		SECTION 4. 11.0101 (14) of the statutes is repealed.
41	41		SECTION 5. 11.0101 (34) of the statutes is amended
42	42		to read:
43	43		11.0101 (34) “Treasurer” means the individual who
44	44		registers a committee with a filing officer the commis-
45	45		sion and who makes reports on behalf of the committee.
46	46		SECTION 6. 11.0102 (title) of the statutes is amended
47	47		to read:
48	48		11.0102 (title) Determination of filing officer and
49	49		duty Duty to file; fees.
50	50		SECTION 7. 11.0102 (1) of the statutes is repealed and
51	51		recreated to read:
52	52		11.0102 (1) Each committee and conduit required to
53	53		register and report under this chapter shall have and shall
54	54		* 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
55		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act ~~126~~ 2023 Senate Bill 822
	55	+	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 822
56	56		file each registration statement and report required under
57	57		this chapter with the commission, except that a candidate
58	58		committee for a candidate for school board member shall
59	59		file a registration statement with the commission and a
60	60		copy of the registration statement with the school district
61	61		clerk. No candidate may appear on a ballot for any elec-
62	62		tive office unless the candidate committee files a registra-
63	63		tion statement for each election at which the candidate
64	64		runs for office.
65	65		SECTION 8. 11.0102 (2) (a) of the statutes, as affected
66	66		by 2023 Wisconsin Act 120, is amended to read:
67	67		11.0102 (2) (a) Except as provided in pars. (c) and
68	68		(d), each conduit or committee that is required to register
69	69		and file with the commission under sub. (1) (a) shall
70	70		annually pay a filing fee of $100 to the commission. The
71	71		commission may accept payment under this subsection
72	72		by credit card, debit card, or other electronic payment
73	73		mechanism, and may charge a surcharge to that conduit
74	74		or committee to recover the actual costs associated with
75	75		the acceptance of that electronic payment.
76	76		SECTION 9. 11.0102 (2) (b) of the statutes, as affected
77	77		by 2023 Wisconsin Act 120, is amended to read:
78	78		11.0102 (2) (b) A conduit or committee that is subject
79	79		to par. (a) shall pay the fee specified in par. (a) together
80	80		with the report filed by that conduit or committee on the
81	81		15th day of the month of January in each year. If a conduit
82	82		or committee that is subject to par. (a) registers under this
83	83		chapter or changes status so that par. (a) becomes applica-
84	84		ble to the conduit or committee during a calendar year,
85	85		the conduit or committee shall pay the fee for that year
86	86		with the filing of the conduit’s or committee’s registra-
87	87		tion statement or at any time before the change in status
88	88		becomes effective.
89	89		SECTION 10. 11.0102 (3) of the statutes is repealed
90	90		and recreated to read:
91	91		11.0102 (3) A filing officer, as defined under s. 5.02
92	92		(4v) (b) to (d), shall notify the commission, in writing, of
93	93		any facts within the filing officer’s knowledge or evi-
94	94		dence in the officer’s possession that may be grounds for
95	95		civil action or criminal prosecution. The commission
96	96		may transmit a copy of the notification submitted under
97	97		this subsection to the district attorney.
98	98		SECTION 11. 11.0103 (1) (b) of the statutes is
99	99		amended to read:
100	100		11.0103 (1) (b) Failure to receive a form or notice
101	101		from a filing officer the commission does not exempt a
102	102		committee or conduit from a reporting requirement under
103	103		this chapter.
104	104		SECTION 12. 11.0103 (3) (b) of the statutes is
105	105		amended to read:
106	106		11.0103 (3) (b) Each committee shall ensure that
107	107		each report is filed with the appropriate filing officer
108	108		commission on the dates designated in this chapter. In the
109	109		event that any report is required to be filed under this
110	110		chapter on a nonbusiness day, a committee may file the
111	111		report on the next business day thereafter.
112	112		SECTION 13. 11.0104 (1) (a) of the statutes is
113	113		amended to read:
114	114		11.0104 (1) (a) Except as provided in par. (bm), any
115	115		committee which does not anticipate accepting or mak-
116	116		ing contributions, making disbursements, or incurring
117	117		obligations, and any conduit which does not anticipate
118	118		accepting or releasing contributions, in an aggregate
119	119		amount exceeding $2,500 in a calendar year may claim
120	120		an exemption from filing campaign finance reports by fil-
121	121		ing a registration statement or an amended registration
122	122		statement with the appropriate filing officer commission
123	123		indicating the necessary facts, as described in this para-
124	124		graph, to claim the exemption. The committee or conduit
125	125		shall certify the registration statement or amended regis-
126	126		tration statement in the manner required under s. 11.0103
127	127		(3) (c).
128	128		SECTION 14. 11.0104 (1) (d) of the statutes is
129	129		amended to read:
130	130		11.0104 (1) (d) If a filing officer the commission
131	131		receives a registration statement or amended registration
132	132		statement seeking to claim the exemption under par. (a)
133	133		and the filing officer commission knows that the candi-
134	134		date committee is not eligible for the exemption, the fil-
135	135		ing officer commission shall accept the registration but
136	136		notify the committee within 10 business days that it is not
137	137		eligible for the exemption for that calendar year. The
138	138		notice shall also indicate that the committee is required
139	139		to file campaign finance reports.
140	140		SECTION 15. 11.0104 (2) of the statutes is amended
141	141		to read:
142	142		11.0104 (2) Upon receipt of a properly executed reg-
143	143		istration statement or amended registration statement by
144	144		a committee or conduit, the appropriate filing officer
145	145		commission shall suspend the requirement imposed upon
146	146		that committee or conduit by this chapter to file campaign
147	147		finance reports. An exemption under this section is effec-
148	148		tive as provided under sub. (1) (bm) unless the committee
149	149		or conduit alters its status by filing an amended registra-
150	150		tion statement before the end of such year or by filing a
151	151		termination report under s. 11.0105.
152	152		SECTION 16. 11.0105 (1) (a) of the statutes is
153	153		amended to read:
154	154		11.0105 (1) (a) Except as provided in par. (b), when-
155	155		ever any committee or conduit dissolves or determines
156	156		that obligations will no longer be incurred, contributions
157	157		will no longer be received or, in the case of a conduit,
158	158		accepted and released, and disbursements will no longer
159	159		be made during a calendar year, and the committee has no
160	160		outstanding incurred obligations, the committee or con-
161	161		duit shall file with the appropriate filing officer commis-
162	162		sion a termination report that indicates a cash balance of
163	163		zero at the end of the reporting period. The committee or
164	164		conduit shall certify the termination report in the manner
165	165		required under s. 11.0103 (3) (c) and the committee shall
166	166		include the information required to be reported by that
167		-	committee on its continuing reports. − 3 − 2023 Wisconsin Act ~~126~~ 2023 Senate Bill 822
	167	+	committee on its continuing reports. − 3 − 2023 Wisconsin Act 2023 Senate Bill 822
168	168		SECTION 17. 11.0202 (1) (a) of the statutes is
169	169		amended to read:
170	170		11.0202 (1) (a) Each candidate, through his or her
171	171		candidate committee, shall file a registration statement
172	172		with the appropriate filing officer commission giving the
173	173		information required under s. 11.0203 as soon as practi-
174	174		cable after the individual qualifies as a candidate under
175	175		s. 11.0101 (1).
176	176		SECTION 18. 11.0203 (1) (c) of the statutes is
177	177		amended to read:
178	178		11.0203 (1) (c) In the case of a candidate committee
179	179		of an independent candidate for partisan office or a candi-
180	180		date for nonpartisan county or municipal office, a list of
181	181		the members of the committee, in addition to those speci-
182	182		fied in par. (b), if any, whom the filing officer commission
183	183		shall recognize as eligible to fill a nomination vacancy if
184	184		the candidate dies before the election.
185	185		SECTION 19. 11.0204 (7) of the statutes is amended
186	186		to read:
187	187		11.0204 (7) REPORTS OF LATE CONTRIBUTIONS. If any
188	188		contribution or contributions of $1,000 or more cumula-
189	189		tively are received by a candidate committee for a candi-
190	190		date for state office from a single contributor during the
191	191		period beginning on the day that is 14 days prior to a pri-
192	192		mary or election and ending on the day of the primary or
193	193		election, and the contribution or contributions are not
194	194		included in the preprimary or preelection report required
195	195		of the committee under this chapter, the treasurer of the
196	196		committee or the individual receiving the contribution
197	197		shall, within 72 hours of receipt, provide the appropriate
198	198		filing officer commission with the information required
199	199		to be reported for contributions received by the commit-
200	200		tee under this subchapter in such manner as the commis-
201	201		sion may prescribe. The information shall also be
202	202		included in the committee’s next regular report.
203	203		SECTION 20. 11.0304 (7) of the statutes is amended
204	204		to read:
205	205		11.0304 (7) REPORTS OF LATE CONTRIBUTIONS. If any
206	206		contribution or contributions of $1,000 or more cumula-
207	207		tively are received by a political party from a single con-
208	208		tributor during the period beginning on the day that is 14
209	209		days prior to a primary or election and ending on the day
210	210		of the primary or election, and the contribution or contri-
211	211		butions are not included in the preprimary or preelection
212	212		report required of the political party under this chapter,
213	213		the treasurer of the political party shall, within 72 hours
214	214		of receipt, provide the appropriate filing officer commis-
215	215		sion with the information required to be reported for con-
216	216		tributions received by the political party under this sub-
217	217		chapter in such manner as the commission may prescribe.
218	218		The information shall also be included in the political
219	219		party’s next regular report.
220	220		SECTION 21. 11.0404 (4) of the statutes is amended
221	221		to read:
222	222		11.0404 (4) REPORTS OF LATE CONTRIBUTIONS. If any
223	223		contribution or contributions of $1,000 or more cumula-
224	224		tively are received by a legislative campaign committee
225	225		from a single contributor during the period beginning on
226	226		the day that is 14 days prior to a primary or election and
227	227		ending on the day of the primary or election and the con-
228	228		tribution or contributions are not included in the prepri-
229	229		mary or preelection report required of the committee
230	230		under this chapter, the treasurer of the committee shall,
231	231		within 72 hours of receipt, provide the appropriate filing
232	232		officer commission with the information required to be
233	233		reported for contributions received by the committee
234	234		under this subchapter in such manner as the commission
235	235		may prescribe. The information shall also be included in
236	236		the committee’s next regular report.
237	237		SECTION 22. 11.1101 (1) (h) 2. of the statutes is
238	238		amended to read:
239	239		11.1101 (1) (h) 2. Two cents times the number of
240	240		inhabitants of the jurisdiction or district, according to the
241	241		latest federal census or the census information on which
242	242		the district is based, as certified by the appropriate filing
243	243		officer, as defined under s. 5.02 (4v) (b) to (d), but not
244	244		more than $6,000.
245	245		SECTION 23. 11.1101 (2) (h) 2. of the statutes is
246	246		amended to read:
247	247		11.1101 (2) (h) 2. Two cents times the number of
248	248		inhabitants of the jurisdiction or district, according to the
249	249		latest federal census or the census information on which
250	250		the district is based, as certified by the appropriate filing
251	251		officer, as defined under s. 5.02 (4v) (b) to (d), but not
252	252		more than $6,000.
253	253		SECTION 24. 11.1101 (3) (k) 2. of the statutes is
254	254		amended to read:
255	255		11.1101 (3) (k) 2. Two cents times the number of
256	256		inhabitants of the jurisdiction or district, according to the
257	257		latest federal census or the census information on which
258	258		the district is based, as certified by the appropriate filing
259	259		officer, as defined under s. 5.02 (4v) (b) to (d), but not
260	260		more than $5,000.
261	261		SECTION 25. 11.1101 (4) (k) 2. of the statutes is
262	262		amended to read:
263	263		11.1101 (4) (k) 2. Two cents times the number of
264	264		inhabitants of the jurisdiction or district, according to the
265	265		latest federal census or the census information on which
266	266		the district is based, as certified by the appropriate filing
267	267		officer, as defined under s. 5.02 (4v) (b) to (d), but not
268	268		more than $5,000.
269	269		SECTION 26. 11.1106 (3) of the statutes is amended
270	270		to read:
271	271		11.1106 (3) Each filing officer The commission shall
272	272		place a copy of any report received under s. 11.0704 in the
273	273		file of the conduit and the file of the recipient.
274	274		SECTION 27. 11.1201 of the statutes is amended to
275	275		read:
276	276		11.1201 False reports and statements. No person
277	277		may prepare or submit a false report or statement to a fil-
278		-	ing officer the commission under this chapter. − 4 −2023 Wisconsin Act ~~126~~ 2023 Senate Bill 822
	278	+	ing officer the commission under this chapter. − 4 −2023 Wisconsin Act 2023 Senate Bill 822
279	279		SECTION 28. 11.1304 (1) of the statutes is amended
280	280		to read:
281	281		11.1304 (1) Prescribe forms for making the reports,
282	282		statements, and notices required by this chapter. The
283	283		commission shall make the forms available free of charge
284	284		on the commission’s Internet site and shall distribute or
285	285		arrange for the distribution of all forms for use by other
286	286		filing officers website.
287	287		SECTION 29. 11.1304 (5) of the statutes is amended
288	288		to read:
289	289		11.1304 (5) Assign an identification number to each
290	290		committee for whom the commission acts as a filing offi-
291	291		cer under s. 11.0102 (1) and to each conduit.
292	292		SECTION 30. 11.1304 (6) (a) of the statutes is
293	293		amended to read:
294	294		11.1304 (6) (a) Except as provided in par. (b), require
295	295		each committee for whom the commission serves as fil-
296	296		ing officer under s. 11.0102 (1) to file each campaign
297	297		finance report that is required to be filed under this chap-
298	298		ter in an electronic format. The commission shall permit
299	299		an authorized individual to provide at the time of filing
300	300		an electronic signature, as defined in s. 137.11 (8), that is
301	301		subject to a security procedure, as defined in s. 137.11
302	302		(13). A committee that files a report under this subsec-
303	303		tion in an electronic format may file with the commission
304	304		that portion of the report signed by an authorized individ-
305	305		ual rather than submit the electronic signature of that
306	306		individual. The commission shall provide complete
307	307		instructions to any committee that files a report under this
308	308		subsection.
309	309		SECTION 30m. 19.36 (14) of the statutes is created to
310	310		read:
311	311		19.36 (14) IDENTITIES OF ELECTION OFFICIALS OR
312	312		ELECTION REGISTRATION OFFICIALS. Unless access is
313	313		specifically authorized or required by statute, an author-
314	314		ity shall not provide access under s. 19.35 (1) to records
315	315		containing the personally identifiable information of an
316	316		election official, as defined in s. 5.02 (4e), or an election
317	317		registration official, as defined in s. 5.02 (4g), except that
318	318		an authority may provide access to the name of an elec-
319	319		tion official or election registration official and the city
320	320		and state where the official resides.
321	321		SECTION 30n. 66.0512 of the statutes is created to
322	322		read:
323	323		66.0512 Whistleblower protection for certain dis-
324	324		closures made by municipal clerks. No municipal
325	325		clerk, as defined in s. 5.02 (10), county clerk, as defined
326	326		in s. 5.02 (2), or election official, as defined in s. 5.02
327	327		(4e), may be discharged, disciplined, demoted, or other-
328	328		wise discriminated against in regard to employment, or
329	329		threatened with any such treatment, as a reprisal because
330	330		the clerk or election official lawfully reported, or is
331	331		believed to have reported, witnessing what the clerk or
332	332		election official reasonably believed to be election fraud
333	333		or irregularities. For purposes of this section, “lawfully
334	334		reported” means a report of information the disclosure of
335	335		which is not expressly prohibited by state or federal law,
336	336		rule, or regulation.
337	337		SECTION 31. 202.12 (5) (a) 2. of the statutes is
338	338		amended to read:
339	339		202.12 (5) (a) 2. A candidate for national, state, or
340	340		local office or a political party or other committee or
341	341		group required to file financial information with the fed-
342	342		eral elections commission or a filing officer under s.
343	343		11.0102 (1) with the ethics commission.
344	344		SECTION 32. 755.01 (2) of the statutes is amended to
345	345		read:
346	346		755.01 (2) The governing body may by ordinance or
347	347		bylaw abolish the municipal court as part of a consolida-
348	348		tion under s. 66.0229 or at the end of any term for which
349	349		the judge has been elected or appointed, but only if the
350	350		ordinance or bylaw abolishing the court is submitted to
351	351		the appropriate filing office under s. 11.0102 (1) (c) offi-
352	352		cer under s. 5.02 (4v) (c) or to the ethics commission, and
353	353		to the director of state courts prior to October 1 of the year
354	354		preceding the end of the term for which the judge has
355	355		been elected or appointed. The governing body may not
356	356		abolish the municipal court while an agreement under
357	357		sub. (4) is in effect.
358	358		SECTION 33. 755.01 (4) of the statutes is amended to
359	359		read:
360	360		755.01 (4) Two or more cities, towns or villages of
361	361		this state may enter into an agreement under s. 66.0301
362	362		for the joint exercise of the power granted under sub. (1),
363	363		except that for purposes of this subsection, any agree-
364	364		ment under s. 66.0301 shall be effected by the enactment
365	365		of identical ordinances by each affected city, town or vil-
366	366		lage. Electors of each municipality entering into the
367	367		agreement shall be eligible to vote for the judge of the
368	368		municipal court so established. If a municipality enters
369	369		into an agreement with a municipality that already has a
370	370		municipal court, the municipalities may provide by ordi-
371	371		nance or resolution that the judge for the existing munici-
372	372		pal court shall serve as the judge for the joint court until
373	373		the end of the term or until a special election is held under
374	374		s. 8.50 (4) (fm). Each municipality shall adopt an ordi-
375	375		nance or bylaw under sub. (1) prior to entering into the
376	376		agreement. The contracting municipalities need not be
377	377		contiguous and need not all be in the same county. Upon
378	378		entering into or discontinuing such an agreement, the
379	379		contracting municipalities shall each transmit a certified
380	380		copy of the ordinance or bylaw effecting or discontinuing
381	381		the agreement to the appropriate filing officer under s.
382	382		11.0102 (1) (c) s. 5.02 (4v) (c) or to the ethics commis-
383	383		sion. Any court formed under this subsection, including
384	384		the formation of a new court by a change in the munici-
385	385		palities that have entered into an agreement under s.
386	386		66.0301, shall become operative and function when the
387	387		requirements under this subsection are met, the court
388	388		receives a certification from the chief judge of the judi-
389	389		cial administrative district that the court meets the
390		-	requirements under ss. 755.09, 755.10, 755.11, and − 5 − 2023 Wisconsin Act ~~126~~ 2023 Senate Bill 822
	390	+	requirements under ss. 755.09, 755.10, 755.11, and − 5 − 2023 Wisconsin Act 2023 Senate Bill 822
391	391		755.17, and the court provides written notification to the
392	392		director of state courts. Discontinuation of an agreement
393	393		under this subsection shall be effective at the end of the
394	394		term for which the judge has been elected or appointed
395	395		but only if the ordinance or bylaw discontinuing the
396	396		agreement is submitted to the appropriate filing office
397	397		officer under s. 11.0102 (1) (c) s. 5.02 (4v) (c) or to the
398	398		ethics commission and to the director of state courts prior
399	399		to October 1 of the year preceding the end of the term for
400	400		which the judge has been elected or appointed. When a
401	401		municipal judge is elected under this subsection, candi-
402	402		dates shall be nominated by filing nomination papers
403	403		under s. 8.10 (6) (bm), and shall register with the filing
404	404		officer specified in s. 11.0102 (1) (c) under s. 5.02 (4v)
405	405		(c) or with the ethics commission.
406	406		SECTION 33m. 940.20 (4m) of the statutes is created
407	407		to read:
408	408		940.20 (4m) BATTERY TO ELECTION OFFICIALS, ELEC-
409	409		TION REGISTRATION OFFICIALS, OR CLERKS. (a) In this sub-
410	410		section:
411	411		1. “County clerk” has the meaning given in s. 5.02
412	412		(2).
413	413		2. “Election official” has the meaning given in s. 5.02
414	414		(4e).
415	415		3. “Election registration official” has the meaning
416	416		given in s. 5.02 (4g).
417	417		4. “Municipal clerk” has the meaning given in s. 5.02
418	418		(10).
419	419		(b) Whoever intentionally causes bodily harm to an
420	420		election official, election registration official, county
421	421		clerk, or municipal clerk who is acting in his or her offi-
422	422		cial capacity is guilty of a Class I felony if the person
423	423		knows or has reason to know that the victim is an election
424	424		official, election registration official, county clerk, or
425	425		municipal clerk and the victim does not consent to the
426	426		harm.
427	427		SECTION 35.0Effective date.
428	428		(1) This act takes effect on July 1, 2025.