LRBs0243/1

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2023 - 2024 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 577

January 22, 2024 - Offered by Senator Knodl.

AB577-SSA1,1,6 An Act to amend 947.0125 (1); and to create 12.09 (4), 19.36 (14), 66.0512, 940.20 (4m), 947.0125 (1) (b), 947.0125 (2) (g) and 995.50 (2) (am) 5. 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; 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 personal identifying information of election officials during the term for which the individual serves as an election official, except that a public records custodian may provide access to the name and city and state of residence of an election official. Under the bill, “personal identifying information” includes an individual's address and telephone number.

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 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, county clerk, or municipal clerk who is acting in his or her official capacity.

Threatening 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.