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Wisconsin Legislature: AB426: Bill Text
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AB426: Bill Text
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2025 - 2026 LEGISLATURE
LRB-4201/1
JK:cdc
2025 ASSEMBLY BILL 426
September 15, 2025 - Introduced by Representatives
Tittl
,
Armstrong
,
Behnke
,
Brill
,
Goeben
,
B. Jacobson
,
Kreibich
,
Moses
,
O'Connor
,
Piwowarczyk
,
Steffen
,
Tusler
and
Wichgers
, cosponsored by Senator
Quinn
. Referred to Committee on Campaigns and Elections.
AB426,1,2
1
An Act
to amend
7.41 (2) and 9.01 (1) (b) 11.;
to create
7.41 (4m) of the
2
statutes;
relating to:
election observers and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law allows any member of the public to observe the conduct of an election at a polling place or at a site for voting by absentee ballot in person. An individual may also observe the canvassing of absentee ballots. Under current law, an election observer must print his or her name and sign and date a log maintained by the municipal clerk or chief inspector. In addition, the clerk or chief inspector must designate an observation area that is not less than three feet from nor more than eight feet from the table where voters announce their name and address and not less than three feet from nor more than eight feet from the table where individuals are registered to vote. The clerk or chief inspector must establish the observation area at a location where an observer may readily observe all aspects of the voting process. Finally, the clerk or chief inspector may remove an election observer who disrupts the voting process, engages in electioneering, or posts election-related material.
Current law also requires a board of canvassers to publicly conduct all steps of a recount. During the conduct, the person who petitioned for the recount, the opposing candidates, and other interested persons are entitled to be present in person and by counsel to observe the proceedings.
This bill requires the municipal clerk, chief inspector, and board of canvassers to provide election observers uniform and nondiscriminatory access to all stages of the election process, including recounts. The bill also provides that any election official who violates the provisions under the bill, or who violates current law regarding the placement and location of the observation area, may be imprisoned in the county jail for not more than 90 days or fined not more than $1,000 or both.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB426,1
1
Section
1
.
7.41 (2) of the statutes is amended to read:
AB426,2,13
2
7.41
(2)
The chief inspector or municipal clerk may restrict the location of any
3
individual exercising the right under sub. (1) to certain areas within a polling place,
4
the clerk’s office, or alternate site under s. 6.855. The chief inspector or municipal
5
clerk shall clearly designate observation areas for election observers under sub. (1).
6
The observation areas shall be not less than 3 feet from nor more than 8 feet from
7
the table at which electors announce their name and address to be issued a voter
8
number at the polling place, office, or alternate site and not less than 3 feet from
9
nor more than 8 feet from the table at which a person may register to vote at the
10
polling place, office, or alternate site. The observation areas shall be so positioned
11
to permit any election observer to readily observe all public aspects of the voting
12
process.
Any election official who violates this subsection may be imprisoned in the
13
county jail for not more than 90 days or fined not more than $1,000 or both
.
AB426,2
14
Section
2
.
7.41 (4m) of the statutes is created to read:
AB426,3,3
15
7.41
(4m)
The municipal clerk, chief inspector, and board of canvassers shall
16
provide election observers uniform and nondiscriminatory access to all stages of the
17
election process, including the certification of election technologies, absentee voting
1
in person, canvassing, elector appeals, vote tabulation, and recounts.
Any election
2
official who violates this subsection may be imprisoned in the county jail for not
3
more than 90 days or fined not more than $1,000 or both
.
AB426,3
4
Section
3
.
9.01 (1) (b) 11. of the statutes is amended to read:
AB426,3,12
5
9.01
(1)
(b) 11. All steps of the recount shall be performed publicly
and in
6
accordance with s. 7.41
. Except as provided in subd. 12., all materials and ballots
7
may be viewed and identified by the candidates, the person demanding the recount
8
and their authorized representatives and counsel, but only members of the board of
9
canvassers and tabulators assisting them may touch any of the materials or ballots.
10
The candidates, the person demanding the recount and their authorized
11
representatives and counsel may object to the counting of any ballot. Any errors
12
shall be corrected.
AB426,3,13
13
(end)
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