AB 543 — Relating to: election observers and providing a penalty.

-Date 2024of LEGISLATUREenactment: LRB-0659/1 JK:cjs ASSEMBLY BILL 543 October 18, 2023 - Introduced by Representatives T ITTL, ALLEN , ARMSTRONG , B EHNKE , B RANDTJEN, D ITTRICH, G OEBEN , M ICHALSKI, M URPHY, M URSAU , O C ONNOR , ETTINGER , OZAR and W ICHGERS, cosponsored by Senators QUINN, N ASS and TOMCZYK .

ReferredAssembly toBill Committee543 onDate Campaignsof andpublication*: Elections.

WISCONSIN ACT A N A CT to amendamend7.41 (2) and 9.01 (1) (b)11.;andto create 7.41 (2);(4m) of the statutes;

and to create 7.41 (4m) of the statutes;

AnalysisThe bypeople the Legislative Reference Bureau Current law allows any member of the publicstate to observe the conduct of anWisconsin, electionrepresented at a polling place or at a site for voting by absentee ballot in person.SECTION 2.

An7.41 individual(4m) mayof alsothe observestatutes theis canvassingcreated ofto absenteesenate ballots.and assembly, do enact as follows:

Underread: current law, an election observer must print his or her name and sign and date a log maintained by the municipal clerk or chief inspector.

In7.41 addition,(4m) theThe clerkmunicipal orclerk, chief inspectorinspector, must designate an observation area that is not less than three feet from nor more than eight feet from the table where voters announce their name and addressSECTION and1. not less than three feet from nor more than eight feet from the table where individuals are registered to vote.

The7.41 clerk(2) orof chief inspector must establish the observationstatutes areais atamended ato locationboard whereof ancanvassers observershall mayprovide readilyelection observeobservers alluni- aspectsread: of the voting process.

Finally,form and nondiscriminatory access to all stages of the clerk7.41 or(2) The chief inspector or municipal clerk may removeelection anprocess, including the certification of election observerrestrict whothe disruptslocation of any individual exercising the votingright process,technologies, engagesabsentee voting in electioneering,person, orcanvassing, postsunder election-relatedsub. material.

Current(1) lawto alsocertain requiresareas within a boardpolling ofplace, canvassersthe toelector publiclyappeals, conductvote alltabulation, stepsand ofrecounts. a recount.

DuringAny theelec- conduct,clerk’s theoffice, personor whoalternate petitionedsite forunder thes. recount, the opposing candidates, and other interested persons are entitled to be present in person and by counsel to observe the proceedings.

This bill requires the municipal clerk, chief inspector, and board of canvassers to provide election observers uniform and nondiscriminatory access to all stages of the election process, including recounts.

The bill also modifies the size of the - 2024 Legislature - 2 - LRB-0659/1 JK:cjs ASSEMBLY BILL 543 observation area required under current law so that it is not more than three feet from the table where voters announce their name and address and not more than three feet from the table where individuals are registered to vote.

Finally, any person who violates the provisions under the bill may be imprisoned in the county jail for not more than 90 days or fined not more than $1,000 or both Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1.

7.41 (2) of the statutes is amended to read:

7.41 (2) The chief inspector or municipal clerk may restrict the location of any individual exercising the right under sub.

(1) to certain areas within a polling place, the clerk's office, or alternate site under s.

The chief tion official who violates this subsection may be impris- inspector or municipal clerk shall clearly designate observationoned areasin the county jail for electionnot observersmore underthan sub.90 days or fined not more than $1,000 or both .

observation areas for election observers under sub.

TheSECTION observation2m. areas shall be not less more than 3 feet from nor more than 8 feet from the table at which electors announce their name and address to be issued a voter number at the polling place, office, or alternate site and not lessthan 3 feet from nor more than 8 feet from the table at which a person may register to vote at the polling place, office, or alternate site.

The9.01 observation(1) areas(b) shall11. be so positioned to permit any election observer to readily observe all public aspects of the voting process.

Anyof personthe whostatutes violatesis thisThe subsectionobservation mayareas shall be imprisoned in the county jail for not less more than 903 daysfeet oramended finedto notread: more than $1,000 or both.

SECTIONfrom 2.nor more than 8 feet from the table at which electors announce their name and address to be issued a voter 9.01 (1) (b) 11.

7.41All (4m)steps of the statutesrecount isshall createdbe toper- read:number at the polling place, office, or alternate site and formed publicly and in accordance with s.

7.41 (4m). The municipal clerk, chief inspector, and board of canvassers shall provide election observers uniform and nondiscriminatory access to all stages of the election process, including the certification of election technologies, absentee voting in person, canvassing, elector appeals, vote tabulation, and recounts.

AnyExcept personas LRB-0659/1provided - 2024 Legislature - 3 - JK:cjs ASSEMBLY BILL 543 S ECTION 2 who violates this subsection may be imprisoned in thesubd. county jail for not more than 90 days or fined not more than $1,000 or bot.

(END)12., all materials and ballots may be not lessmore than 3 feet from nor more than 8 feet from viewed and identified by the candidates, the person the table at which a person may register to vote atthepoll- demanding the recount and their authorized representa- ing place, office, or alternate site.

The observation areas tives and counsel, but only members of the board of can- shall be so positioned to permit any election observer to vassers and tabulators assisting them may touch any of readily observe all public aspects of the voting process.

the materials or ballots.

The candidates, the person Any election official who violates this subsection may be demanding the recount and their authorized representa- imprisoned in the county jail for not more than 90 days tives and counsel may object to the counting of any bal- or fined not more than $1,000 or both .

lot.

Any errors shall be corrected.

* Section 991.11,ISCONSISTATUTES:

Effective date of acts.

“Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”