AB1198: Bill Text

LRB-0189/1

MPG:skw

2021 - 2022 LEGISLATURE

2021 Assembly BILL 1198

March 10, 2022 - Introduced by Representative Bowen. Referred to Committee on Rules.

AB1198,1,2 An Act to amend 7.30 (2) (a); and to create 7.30 (2) (ag) of the statutes; relating to: qualifications of election officials.

Analysis by the Legislative Reference Bureau

Under current law, a person may serve as a poll worker at an election only if he or she is qualified to vote in Wisconsin. Also under current law, a person convicted of treason, felony, or bribery is not eligible to vote unless the person's right to vote is restored through a pardon or until the person completes his or her sentence, including extended supervision or parole, or any term of probation imposed.

Under this bill, a person who is not eligible to vote due to a conviction for treason, felony, or bribery may still serve as a poll worker at an election if the person is not incarcerated for that offense at the time of the election.

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

AB1198,1 Section 1. 7.30 (2) (a) of the statutes is amended to read:

AB1198,2,25 7.30 (2) (a) Only election officials appointed under this section or s. 6.875 may conduct an election. Except as otherwise provided in this paragraph or par. (ag) and in ss. 7.15 (1) (k) and 7.52 (1) (b), each election official shall be a qualified elector of a county in which the municipality where the official serves is located, and each chief inspector shall be a qualified elector of the municipality in which the chief inspector serves. If no qualified candidate for chief inspector is available or if the chief inspector is appointed to fill a vacancy under par. (b), the person so appointed need not be a qualified elector of the municipality. If a municipal clerk or deputy clerk is appointed to fill a vacancy under par. (b), the clerk or deputy clerk need not be a resident of the county, but shall be a resident of the state. No more than 2 individuals holding the office of clerk or deputy clerk may serve without regard to county residency in any municipality at any election. All officials appointed under this section shall be able to read and write the English language, be capable, and be of good understanding, and may not be a candidate for any office to be voted for at an election at which they serve. An individual holding a local public office, as defined in s. 19.42 (7w), may be appointed to serve as an election official under this section without having to vacate the local public office. In 1st class cities, they may hold no public office other than notary public. Except as authorized under subs. (1) (b) and (4) (c), all inspectors shall be affiliated with one of the 2 recognized political parties which received the largest number of votes for president, or governor in nonpresidential general election years, in the ward or combination of wards served by the polling place at the last election. Excluding the inspector who may be appointed under sub. (1) (b), the party which received the largest number of votes is entitled to one more inspector than the party receiving the next largest number of votes at each polling place. Whenever 2 or more inspectors are required to perform a function within a polling place and both parties that are entitled to submit nominees have done so, the chief inspector shall assign, insofar as practicable, an equal number of inspectors from the nominees of each party.

AB1198,2 Section 2. 7.30 (2) (ag) of the statutes is created to read:

AB1198,3,4 7.30 (2) (ag) An individual who is not a qualified elector because he or she is disqualified from voting under s. 6.03 (1) (b) may serve as an election official at an election unless at the time of the election the individual is any of the following:

AB1198,3,5 1. Incarcerated while serving a sentence that was not imposed under s. 973.01.

AB1198,3,7 2. Serving a term of confinement, or incarcerated after revocation of extended supervision, while serving a sentence that was imposed under s. 973.01.

AB1198,3,8 3. Incarcerated following the revocation of probation.

AB1198,3,9 4. Confined as a condition of probation under s. 973.09 (4) (a).

AB1198,3,10 (End)