LRB-5588/1
MPG:amn
2023 - 2024 LEGISLATURE
April 9, 2024 - Introduced by Representatives Haywood, Joers,
Ratcliff, Emerson,
Bare, Snodgrass, Sinicki, Conley, Moore Omokunde, Andraca, Considine,
Hong, Ohnstad and Neubauer, cosponsored by Senators Hesselbein, L.
Johnson, Larson, Spreitzer and Roys. Referred to Committee on Campaigns
and Elections.
AB1201,1,3
1An Act to create 12.06 of the statutes;
relating to: persons previously
2nominated as presidential electors serving in certain public offices related to
3elections.
Analysis by the Legislative Reference Bureau
Under current law, the political parties, as well as independent and write-in
candidates, nominate one presidential elector from each congressional district and
two electors from the state at large. At the election for president and vice president,
a vote for a slate of candidates for president and vice president is a vote for the
presidential electors pledged to that slate of candidates. The presidential electors
of the winning candidates for president and vice president convene after the election,
vote for the candidates to whom they are pledged, and transmit their votes to the
state's chief elections inspector—the administrator of the Wisconsin Elections
Commission—and to Congress.
This bill prohibits any person who was nominated as a presidential elector
pledged to losing candidates for president and vice president in a presidential
election and who convened with other presidential electors pledged to those losing
candidates who then cast votes for those losing candidates in the election and
transmitted or attempted to transmit their votes to the administrator of the
Elections Commission, or to Congress for purposes of presidential elections held
prior to the bill's effective date, from doing any of the following:
1. Serving in the office of presidential elector for Wisconsin.
2. Serving as a member of the Elections Commission or its staff.
3. Serving as the administrator of the Elections Commission.
4. Serving as an election official. Under current law, any individual who is
charged with any duties relating to the conduct of an election is an election official.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1201,1
1Section
1. 12.06 of the statutes is created to read:
AB1201,2,8
212.06 Presidential electors for losing candidates.
(1) No person who was
3nominated as a presidential elector pledged to losing candidates for president and
4vice president in a presidential election and who convened with other presidential
5electors pledged to those losing candidates who then cast votes for those losing
6candidates in the election and transmitted or attempted to transmit their votes to the
7administrator of the commission as the chief election officer of the state for purposes
8of
3 USC 11 may do any of the following:
AB1201,2,99
(a) Serve in the office of presidential elector for this state.
AB1201,2,1010
(b) Serve as a member of the commission or its staff.
AB1201,2,1111
(c) Serve as the commission administrator.
AB1201,2,1212
(d) Serve as an election official.
AB1201,2,19
13(2) For presidential elections held prior to the effective date of this subsection
14.... [LRB inserts date], the prohibition under sub. (1) applies to any person who was
15nominated as a presidential elector pledged to losing candidates for president and
16vice president in the presidential election and who convened with other presidential
17electors pledged to those losing candidates who then cast votes for those losing
18candidates in the election and transmitted or attempted to transmit their votes to
19Congress.
AB1201,2
20Section
2.
Initial applicability.
AB1201,3,2
1(1) This act first applies to a person serving in an office specified in s. 12.06 (1)
2(a) to (d) on the effective date of this subsection.
