Wisconsin 2023-2024 Regular Session Status: To Executive Bipartisan · 5 R · 2 D cosponsors

AB 577 — Relating to: an election official's personal information; battery against election officials; whistleblower protection for municipal clerks, county clerks, and election officials who witness and report election fraud or irregularities; harassing election officials; and providing a penalty.

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

223 added · 9 removed

Plain-language change summary

The amendments in Bill AB 577 make important changes to how the personal information of election officials is handled. The new version restricts public access to these officials' identifying details, aiming to better protect them from harassment and violence. This is significant because it helps ensure that those working in election roles can perform their duties without fear, ultimately safeguarding the integrity of our electoral process. Additionally, one amendment clarifies language related to penalties, removing a reference to harassment, which may streamline legal language in the bill.

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- 2024 LEGISLATURE LRBa1050/1 JK:skw SENATE AMENDMENT 1, TO SENATE SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 577 January 31, 2024 - Offered by SenatoNODL.
- 2024 LEGISLATURE LRB-4884/1 JK/CMH/SWB:all ASSEMBLY BILL 577 October 31, 2023 - Introduced by Representatives G OEBEN , ROZAR, ORTIZ-VELEZ, BEHNKE , DITTRICH, S.JOHNSON , MAXEY, OC ONNOR and RETTINGER .
At the locations indicated, amend the substitute amendment as follows:
Referred to Committee on Campaigns and Elections.
A N A CT to amend 165.68 (2) (b);
and to create 6.47 (1) (ak), 12.09 (4), 19.36 (14), 66.0512, 165.68 (1) (dm), 165.68 (2) (am), 813.125 (5d), 939.624, 940.20 (4m), 947.0125 (2) (g) and (3) (h) and 995.50 (2) (am) 5.
and 6.
of the statutes;
relating to:
an election official's personal information;
battery against election officials;
whistleblower protection for municipal clerks, county clerks, and election officials who witness and report election fraud or irregularities;
harassing election officials;
and providing a penalty.
Analysis by the Legislative Reference Bureau This bill makes a number of changes to current law regarding election officials.
Public access to records identifying an election official The bill prohibits public access to records that contain the personally identifiable information of election officials or election registration officials, except that a public records custodian may provide access to the name and city and state of residence of an election official or election registration official.
Current law provides a number of similar exceptions for providing public access to records.
For example, current law limits access to records containing personal information regarding individuals who hold a state or local public office or the personal information of applicants for a public position.
Current law also allows access to certain records that are not otherwise accessible.
For example, state agencies and local units of government may provide - 2024 Legislature - 2 - LRB-4884/1 JK/CMH/SWB:all ASSEMBLY BILL 577 records to assist legislative committees.
The bill does not affect the operation of that provision nor other similar provisions.
Causing bodily harm to an election official Under current law, a person who intentionally causes bodily harm to another person commits the crime of simple battery and is guilty of a Class A misdemeanor.
Current law provides greater penalties for special circumstances battery, which is defined as intentionally causing or threatening to cause bodily harm to certain persons.
For example, under current law, a person who intentionally causes bodily harm to a public officer to influence his or her action or as a result of an action he or she took is guilty of a Class I felony.
The bill makes it a Class I felony to intentionally cause bodily harm to an election official, election registration official, county clerk, or municipal clerk who is acting in his or her capacity.
Harassing an election official Current law prohibits an individual from harassing another individual over the phone or over email or other computer messaging system.
The penalties for such actions range from a Class B forfeiture to a Class B misdemeanor depending on the act, the intent, and the circumstances.
This bill creates a Class B misdemeanor for an actor who, with intent to frighten, intimidate, threaten, or abuse another individual or an individual's family member, distributes via social media the individual's personal identifying information if the actor knows or should know that the distribution would likely result in the individual being subject to unwanted contact, injury, or harassment.
The bill creates a Class B forfeiture if the actor distributes an individual's personal identifying information via social media with the intent to harass or annoy the individual or a family member of the individual.
This bill increases the penalties for violating these harassment prohibitions (including the ones created in the bill) by one penalty classification if the act is taken against an election official while acting in that role, due to that role, or in response to an action taken by the election official.
Current law provides that no person may personally or through an agent make use of or threaten to make use of force in order to induce or compel a voter to vote or refrain from voting or to vote or refrain from voting for or against a particular candidate.
The penalty for such actions is a Class I felony.
This bill additionally provides that no person may personally or through an agent make use of or threaten to make use of force in order to induce or compel an election official to act contrary to his or her official duties under current law.
Under current law, the Department of Justice administers an address confidentiality program.
Under current law, the program is available to victims of of abuse, including child abuse, domestic abuse, sexual abuse, stalking, or human trafficking, or a parent, guardian, or household member of a victim of abuse, if the victim fears for his or her safety or the safety of his or her child or ward.
The bill makes the program available to election officials who are victims of stalking or harassment and fear for their safety if the stalking or harassment occurred while the election official was acting in that role, due to that role, or in response to an action taken by the election official.
LRB-4884/1 - 2024 Legislature - 3 - JK/CMH/SWB:all ASSEMBLY BILL 577 The bill also allows an election official who files a petition for a harassment restraining order to be able to collect attorney fees and other costs if the petition prevails and the harassment occurred while the petitioner was acting as an election official, due to the petitioner's role as an election official, or in response to an action taken by the petitioner as an election official.
Whistleblower protections The bill provides whistleblower protection for municipal clerks, county clerks, and election officials who witness and report election fraud or irregularities.
Under the bill, “municipal clerk” means a city clerk, town clerk, village clerk, and the executive director of the city election commission and their authorized representatives, as well as, in appropriate circumstances, the clerk of a school district.
Under the bill, “county clerk” includes the executive director of the county board of election commissioners and their authorized representatives.
Also, under the bill, “election official” means an individual who is charged with any duties relating to the conduct of an election.
The bill prohibits employment discrimination against a municipal clerk, county clerk, or election official, including by being discharged, disciplined, or demoted, as a reprisal because the clerk or election official lawfully reported, or is believed to have reported, witnessing what the clerk or election official reasonably believed to be election fraud or irregularities.
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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.
6.47 (1) (ak) of the statutes is created to read:
6.47 (1) (ak) “Election official” has the meaning given in s.
5.02 (4e) and includes an “election registration official,” as defined in s.
5.02 (4g).
SECTION 2.
12.09 (4) of the statutes is created to read:
12.09 (4) No person may personally or through an agent make use of or threaten to make use of force, violence, or restraint in order to induce or compel an election official or election registration official to act contrary to his or her official duties under this chapter and chs.
5 to 10.
SECTION 3.
19.36 (14) of the statutes is created to read:
- 2024 Legislature - 4 - LRB-4884/1 JK/CMH/SWB:all ASSEMBLY BILL 577 SECTION 3 19.36(14) IDENTITIES OF ELECTION OFFICIALS OR ELECTION REGISTRATION O.FICIALS Unless access is specifically authorized or required by statute, neither a municipal clerk, as defined in s.
5.02 (10), nor a county clerk, as defined in s.
5.02 (2), shall provide access under s.
19.35 (1) to records containing the personally identifiable information of an election official, as defined in s.
5.02 (4e), or an election registration official, as defined in s.
5.02 (4g), during the term for which the individual serves as an election official or election registration official, except that an authority may provide access to the name of an election official or election registration official and the city and state where the official resides.
SECTION 4.
66.0512 of the statutes is created to read:
66.0512 Whistleblower protection for certain disclosures made by municipal clerks.
No municipal clerk, as defined in s.
5.02 (10), county clerk, as defined in s.
5.02 (2), or election official, as defined in s.
5.02 (4e), may be discharged, disciplined, demoted, or otherwise discriminated against in regard to his or her employment as a clerk or election official, or threatened with any such treatment, as a reprisal because the clerk or election official lawfully reported, or is believed to have reported, witnessing what the clerk or election official reasonably believed to be election fraud or irregularities during his or her course of employment as a clerk or election official.
For purposes of this section, “lawfully reported” means a report of information the disclosure of which is not expressly prohibited by state or federal law, rule, or regulation.
SECTION 5.
165.68 (1) (dm) of the statutes is created to read:
165.68 (1) (dm) “Election official” has the meaning given in s.
5.02 (4e) and includes an “election registration official,” as defined in s.
5.02 (4g).
SECTION 6.
165.68 (2) (am) of the statutes is created to read:
LRB-4884/1 - 2024 Legislature - 5 - JK/CMH/SWB:all SECTION 6 ASSEMBLY BILL 577 165.68 (2) (am) An election official is eligible for participation in the confidentiality program established in this section if he or she attests all of the following:
Page 5, line 14:
That he or she is a resident of this state.
delete “, injury, or harassment" and substitute “or injury".
2.
That he or she is an election official and is a victim of a violation under s.
12.09 (4), 940.32, 947.012, 947.0125, or 947.013, or a resident of the household of a victim of such a violation, and the violation occurred while the victim was acting as an election official, due to the victim's role as an election official, or in response to any action taken by the victim as an election official.
3.
That he or she fears for his or her physical safety or for the physical safety of a resident of his or her household.
4.
That he or she will not disclose his or her actual address to the person who committed the violation under subd.
2.
S ECTION 7.
165.68 (2) (b) of the statutes is amended to read:
165.68 (2) (b) A person is eligible under par.
(a) or (am)ess of whether any criminal charges have been brought relating to any act or threat against the person, whether the person has sought any restraining order or injunction relating to any act or threat against the person, or whether the person has reported any act or threat against him or her to a law enforcement officer or agency.
S ECTION 8.
813.125 (5d) of the statutes is created to read:
813.125 (5d) E LECTIONS OFFICIAL PETITIONERIf the petitioner is an election official, as defined in s.
5.02 (4e), or an election registration official, as defined in s.
5.02 (4g), the court, in its discretion, may allow the prevailing party in the action reasonable attorney fees and costs if the harassment occurred while the petitioner was acting as an election official or election registration official, due to the - 2024 Legislature - 6 - LRB-4884/1 JK/CMH/SWB:all ASSEMBLY BILL 577 SECTION 8 petitioner's role as an election official or election registration official, or in response to any action taken by the petitioner as an election official or election registration official.
SECTION 9.
939.624 of the statutes is created to read:
939.624 Increased penalty for certain crimes against election officials.
(1) In this section, “election official” has the meaning given in s.
5.02 (4e) and includes an “election registration official,” as defined in s.
5.02 (4g).
(2) If a person commits, personally or through an agent, a violation of s.
947.012, 947.0125, or 947.013 against an election official while the victim was acting as an election official, due to the victim's role as an election official, or in response to any action taken by the victim as an election official, the penalty may be increased as follows:
(a) A violation under s.
947.012 (2), 947.0125 (3), or 947.013 (1m) may be increased to a Class A forfeiture.
(b) A violation under s.
947.012 (1) or 947.0125 (2) may be increased to a Class A misdemeanor.
SECTION 10.
940.20 (4m) of the statutes is created to read:
940.20 (4m) B ATTERY TO ELECTION OFFICIALS, ELECTION REGISTRATION OFFICIALS, OR CLERKS.(a) In this subsection:
1.
“County clerk” has the meaning given in s.
5.02 (2).
2.
“Election official” has the meaning given in s.
5.02 (4e).
3.
“Election registration official” has the meaning given in s.
5.02 (4g).
4.
“Municipal clerk” has the meaning given in s.
5.02 (10).
(b) Whoever intentionally causes bodily harm to an election official, election registration official, county clerk, or municipal clerk who is acting in his or her LRB-4884/1 - 2024 Legislature - 7 - JK/CMH/SWB:all S ECTION 10 ASSEMBLY BILL 577 official capacity is guilty of a Class I felony if the person knows or has reason to know that the victim is an election official, election registration official, county clerk, or municipal clerk and the victim does not consent to the harm.
SECTION 11.
947.0125 (2) (g) and (3) (h) of the statutes are created to read:
947.0125 (2) (g) With intent to frighten, intimidate, threaten, or abuse another person or a person's family member, as defined in s.
940.201 (1) (a), distributes by means of social media the person's personal identifying information, as defined in s.
943.201 (1) (b), without the person's consent if the actor knows or should know that the distribution would be likely to result in the person being subject to unwanted physical contact, injury, or harassment.
(3) (h) With intent to harass or annoy another person or a person's family member, as defined in s.
940.201 (1) (a), distributes by means of social media the person's personal identifying information, as defined in s.
943.201 (1) (b), without the person's consent.
SECTION 12.
995.50 (2) (am) 5.
and 6.
of the statutes are created to read:
995.50 (2) (am) 5.
Conduct that is prohibited under s.
947.0125 (2) (g), regardless of whether there has been a criminal action related to the conduct, and, if there has been a criminal action related to the conduct, regardless of the outcome of the criminal action.
6.
Conduct that is prohibited under s.
947.0125 (3) (h), regardless of whether there has been an action related to the conduct, and, if there has been an action related to the conduct, regardless of the outcome of the action.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Available for scheduling

  3. Report concurrence as amended recommended by Committee on Shared Revenue, Elections and Consumer Protection, Ayes 5, Noes 0

  4. Report adoption of Senate Substitute Amendment 1 recommended by Committee on Shared Revenue, Elections and Consumer Protection, Ayes 5, Noes 0

  5. Report adoption of Senate Amendment 1 to Senate Substitute Amendment 1 recommended by Committee on Shared Revenue, Elections and Consumer Protection, Ayes 5, Noes 0

  6. Representative Steffen added as a coauthor

  7. Executive action taken

  8. Senate Amendment 1 to Senate Substitute Amendment 1 offered by Senator Knodl

  9. Public hearing held

  10. Senate Substitute Amendment 1 offered by Senator Knodl

  11. Senator Spreitzer added as a cosponsor

  12. Read first time and referred to committee on Shared Revenue, Elections and Consumer Protection

  13. Received from Assembly

  14. Ordered immediately messaged

  15. Representative Cabrera added as a coauthor

  16. Read a third time and passed

  17. Rules suspended

  18. Ordered to a third reading

  19. Assembly Substitute Amendment 1 adopted

  20. Assembly Substitute Amendment 1 offered by Representative Goeben

  21. Read a second time

  22. Representative Gustafson added as a coauthor

  23. Placed on calendar 11-9-2023 by Committee on Rules

  24. Referred to committee on Rules

  25. Report passage as amended recommended by Committee on Campaigns and Elections, Ayes 8, Noes 0

  26. Report Assembly Amendment 2 adoption recommended by Committee on Campaigns and Elections, Ayes 8, Noes 0

  27. Report Assembly Amendment 1 adoption recommended by Committee on Campaigns and Elections, Ayes 8, Noes 0

  28. Executive action taken

  29. Assembly Amendment 2 offered by Representative Krug

  30. Assembly Amendment 1 offered by Representative Goeben

  31. Public hearing held

  32. Representatives Schraa and Sortwell added as coauthors

  33. Representative Murphy added as a coauthor

  34. Senator Jacque added as a cosponsor

  35. Read first time and referred to Committee on Campaigns and Elections

  36. Introduced by Representatives Goeben, Rozar, Ortiz-Velez, Behnke, Dittrich, S. Johnson, Maxey, O'Connor and Rettinger

Sponsors

Sponsorship breakdown

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9 sponsors · 0 co-sponsors · 123 not signed on

Sponsors (9)

Co-sponsors (0)

None.

Not signed on (123)

123 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 577?
AB 577 is sponsored by Goeben, Joy (Republican), Rozar, Ortiz-Velez, Sylvia (Democrat), Behnke, Elijah (Republican), Dittrich, Barbara (Republican), Maxey, Dave (Republican), O'Connor, Jerry (Republican), Rettinger, and Johnson, Tara (Democrat).
What is the current status of AB 577?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 577?
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