November 7, 2023 - Introduced by Senator Jacque, cosponsored by Representatives Goeben, Rozar, Ortiz-Velez, Behnke, Dittrich, S. Johnson, Maxey, O’Connor and Rettinger. Referred to Committee on Shared Revenue, Elections and Consumer Protection.

SB632,,22An Act to amend 165.68 (2) (b); and to create 6.47 (1) (ak), 12.09 (4), 19.36 (14), 66.0512, 165.68 (1) (dm), 165.68 (2) (am), 813.125 (5d), 939.624, 940.20 (4m), 947.0125 (2) (g) and (3) (h) and 995.50 (2) (am) 5. and 6. 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; harassing election officials; and providing a penalty.

This bill makes a number of changes to current law regarding election officials.

The bill prohibits public access to records that contain the personally identifiable information of election officials or election registration officials, except that a public records custodian may provide access to the name and city and state of residence of an election official or election registration official. 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.

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

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. This bill creates a Class B misdemeanor for an actor who, with intent to frighten, intimidate, threaten, or abuse another individual or an individual’s family member, distributes via social media the individual’s personal identifying information if the actor knows or should know that the distribution would likely result in the individual being subject to unwanted contact, injury, or harassment. The bill creates a Class B forfeiture if the actor distributes an individual’s personal identifying information via social media with the intent to harass or annoy the individual or a family member of the individual. This bill increases the penalties for violating these harassment prohibitions (including the ones created in the bill) by one penalty classification if the act is taken against an election official while acting in that role, due to that role, or in response to an action taken by the election official.

Current law provides that no person may personally or through an agent make use of or threaten to make use of force in order to induce or compel a voter to vote or refrain from voting or to vote or refrain from voting for or against a particular candidate. The penalty for such actions is a Class I felony. This bill additionally provides that no person may personally or through an agent make use of or threaten to make use of force in order to induce or compel an election official to act contrary to his or her official duties under current law.

Under current law, the Department of Justice administers an address confidentiality program. Under current law, the program is available to victims of of abuse, including child abuse, domestic abuse, sexual abuse, stalking, or human trafficking, or a parent, guardian, or household member of a victim of abuse, if the victim fears for his or her safety or the safety of his or her child or ward. The bill makes the program available to election officials who are victims of stalking or harassment and fear for their safety if the stalking or harassment occurred while the election official was acting in that role, due to that role, or in response to an action taken by the election official.

The bill also allows an election official who files a petition for a harassment restraining order to be able to collect attorney fees and other costs if the petition prevails and the harassment occurred while the petitioner was acting as an election official, due to the petitioner’s role as an election official, or in response to an action taken by the petitioner as an election official.

The bill provides whistleblower protection for municipal clerks, county clerks, and election officials who witness and report election fraud or irregularities. Under the bill, “municipal clerk” means a city clerk, town clerk, village clerk, and the executive director of the city election commission and their authorized representatives, as well as, in appropriate circumstances, the clerk of a school district. Under the bill, “county clerk” includes the executive director of the county board of election commissioners and their authorized representatives. Also, under the bill, “election official” means an individual who is charged with any duties relating to the conduct of an election.

The bill prohibits employment discrimination against a municipal clerk, county clerk, or election official, including by being discharged, disciplined, or demoted, 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.