AB577: Bill Text

AB577,,12 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.

AB577,5 Section 5. 165.68 (1) (dm) of the statutes is created to read:

AB577,,14 165.68 (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).

AB577,6 Section 6. 165.68 (2) (am) of the statutes is created to read:

AB577,,16 165.68 (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:

AB577,,17 1. That he or she is a resident of this state.

AB577,,18 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.

AB577,,19 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.

AB577,,20 4. That he or she will not disclose his or her actual address to the person who committed the violation under subd. 2.

AB577,7 Section 7. 165.68 (2) (b) of the statutes is amended to read:

AB577,,22 165.68 (2) (b) A person is eligible under par. (a) or (am) regardless 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.

AB577,8 Section 8. 813.125 (5d) of the statutes is created to read:

AB577,,24 813.125 (5d) Elections official petitioner. If 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 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.

AB577,9 Section 9. 939.624 of the statutes is created to read:

AB577,,26 939.624 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).

AB577,,27 (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:

AB577,,28 (a) A violation under s. 947.012 (2), 947.0125 (3), or 947.013 (1m) may be increased to a Class A forfeiture.

AB577,,29 (b) A violation under s. 947.012 (1) or 947.0125 (2) may be increased to a Class A misdemeanor.

AB577,10 Section 10. 940.20 (4m) of the statutes is created to read:

AB577,,31 940.20 (4m) Battery to election officials, election registration officials, or clerks. (a) In this subsection:

AB577,,32 1. “County clerk” has the meaning given in s. 5.02 (2).

AB577,,33 2. “Election official” has the meaning given in s. 5.02 (4e).

AB577,,34 3. “Election registration official” has the meaning given in s. 5.02 (4g).

AB577,,35 4. “Municipal clerk” has the meaning given in s. 5.02 (10).

AB577,,36 (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 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.

AB577,11 Section 11. 947.0125 (2) (g) and (3) (h) of the statutes are created to read:

AB577,,38 947.0125 (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.

AB577,,39 (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.

AB577,12 Section 12. 995.50 (2) (am) 5. and 6. of the statutes are created to read:

AB577,,41 995.50 (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.

AB577,,42 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.

AB577,,43 (end)