LRB-3009/1
JK:ekg&amn
2021 - 2022 LEGISLATURE
July 1, 2021 - Introduced by Representatives Behnke, Brooks, Cabral-Guevara,
Dittrich, Edming, Gundrum, Horlacher, James, Kuglitsch, Murphy,
Mursau, Ramthun, Schraa, Tusler and Knodl, cosponsored by Senators
Wimberger and Darling. Referred to Committee on Campaigns and
Elections.
AB433,1,2
1An Act to create 5.05 (5s) (an) of the statutes;
relating to: submitting copies
2of complaints filed with the Elections Commission to the legislature.
Analysis by the Legislative Reference Bureau
Under current law, any person may file a complaint with the Elections
Commission alleging a violation of election laws by a voter or an election official. The
commission may only initiate an investigation of an alleged violation of election laws
based on a sworn complaint filed with the commission. Neither the commission nor
the members or employees of the commission, including the administrator, may file
a sworn complaint for the purposes of initiating an investigation. In addition,
current law authorizes any eligible voter to file a complaint with the commission
requesting the commission to compel an election official to conform his or her conduct
to the law or to restrain the official from taking any action inconsistent with the law.
Current law also authorizes a person to file a complaint with the commission
indicating that the person believes a violation of the federal Help America Vote Act
regarding an election for a national office in this state occurred, is occurring, or is
proposed to occur.
Current law prohibits public access to records obtained or prepared by the
Elections Commission in connection with an investigation, including the full text of
any complaint filed with the commission, with certain exceptions. For example, the
commission must provide such records to the Joint Committee on Finance in order
to receive supplemental funds for an ongoing investigation. In addition, the
commission must provide investigatory records to the Legislative Audit Bureau to
the extent necessary for the bureau to carry out its duties.
This bill requires the Elections Commission to provide a copy of the full text of
any complaint received by the commission to the representative of the assembly of
the assembly district and the senator of the senate district where the violation
alleged in the complaint occurred, is occurring, or is proposed to occur and to the
cochairpersons of the legislative standing committees with jurisdiction over
elections no later than 30 days after receiving the complaint. In addition, the
commission must provide to the aforementioned persons documentation specifying
how each such complaint was resolved no later than 30 days after the complaint was
resolved.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB433,1
1Section
1. 5.05 (5s) (an) of the statutes is created to read:
AB433,2,132
5.05
(5s) (an) The commission shall provide a copy of the full text of any
3complaint filed with the commission under sub. (2m) (c) or s. 5.06 or 5.061 to the
4representative of the assembly of the assembly district and the senator of the senate
5district where the violation alleged in the complaint occurred, is occurring, or is
6proposed to occur and to the cochairpersons of the assembly and senate standing
7committees with jurisdiction over elections no later than 30 days after receiving the
8complaint. No later than 30 days following the resolution of each such complaint, the
9commission shall provide documentation specifying how each such complaint was
10resolved to the representative of the assembly of the assembly district and the
11senator of the senate district where the violation alleged in the complaint occurred,
12is occurring, or is proposed to occur and to the cochairpersons of the assembly and
13senate standing committees with jurisdiction over elections.
