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AB538: Bill Text
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2025 - 2026 LEGISLATURE
LRB-0561/1
JK:emw
2025 ASSEMBLY BILL 538
October 15, 2025 - Introduced by Representatives
Snodgrass
,
Andraca
,
Arney
,
Joers
,
Johnson
,
McCarville
,
Moore Omokunde
,
Roe
,
Stroud
,
Sinicki
,
Miresse
and
Palmeri
, cosponsored by Senators
Smith
,
Dassler-Alfheim
,
L. Johnson
and
Ratcliff
. Referred to Committee on Campaigns and Elections.
AB538,1,2
1
An Act
to create
7.335 and 13.02 (5) of the statutes;
relating to:
requiring
2
certain persons holding a state elective office to serve as an election official.
Analysis by the Legislative Reference Bureau
This bill requires that each nonjudicial elective state official, during the person’s first full term of office and once every three years for as long as the person holds any nonjudicial elective state office, serve as an election official for an election held in any municipality in this state, not including an election in which the person is a candidate on the ballot. The requirement under the bill applies to the offices of governor, lieutenant governor, secretary of state, state treasurer, state superintendent of public instruction, state senator, and state representative to the assembly.
The bill requires the nonjudicial elective state official to be appointed and trained in the same manner as other election officials and to serve as an election official no fewer than eight hours on election day. Under the bill, the person receives no compensation for serving as an election official. In addition, after satisfying the requirement, the person must certify that fact to the Elections Commission. The requirement does not apply to a person who files with the commission a sworn statement from a physician or physician assistant verifying that the person is physically incapable of serving as an election official for eight hours on election day. However, a person who does not serve or is unable to serve as an election official during an election cycle is still required to attend the training required for election officials at least once every two years, as provided under current law. Under the bill, the appointment of a nonjudicial elective state official to serve as an election official does not count towards any limit that a municipality imposes on the number of election officials hired or appointed.
Finally, the bill prohibits the legislature and all legislative committees from meeting on a day in which an election, other than a special election, is being held in this state for a local, state, or national office.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB538,1
1
Section
1
.
7.335 of the statutes is created to read:
AB538,2,2
2
7.335 Requirement to serve as election official. (1)
In this section:
AB538,2,5
3
(a) “Nonjudicial elective state office” means the offices of governor, lieutenant
4
governor, secretary of state, state treasurer, state superintendent of public
5
instruction, state senator, and state representative to the assembly.
AB538,2,9
6
(b) “Nonjudicial elective state official” means any person who holds a
7
nonjudicial elective state office or has been elected to a nonjudicial elective state
8
office but has not yet taken office. A person who is appointed to fill a vacant
9
nonjudicial elective state office is a nonjudicial elective state official.
AB538,3,5
10
(2)
(a)
Except as provided in par. (b), each nonjudicial elective state official,
11
during the person’s first full term holding a nonjudicial elective state office and
12
once every 3 years for as long as the person holds any nonjudicial elective state
13
office, shall serve as an election official for an election held in any municipality in
14
this state, except that the person may not serve as an election official for an election
15
in which the person is a candidate on the ballot. The nonjudicial elective state
16
official shall be appointed and trained in the same manner as other election
17
officials are appointed and trained under ss. 7.30, 7.31, and 7.315. For purposes of
1
this subsection, the nonjudicial elective state official shall serve as an election
2
official on election day for no fewer than 8 hours. In addition, the appointment of a
3
nonjudicial elective state official to serve as an election official, as provided under
4
this subsection, does not count towards any limit that a municipality imposes on the
5
number of election officials hired or appointed to serve at an election.
AB538,3,12
6
(b) This subsection does not apply to any nonjudicial elective state official who
7
is physically incapable of serving as an election official for 8 hours on election day, if
8
the nonjudicial elective state official provides to the commission, in the form and
9
manner determined by the commission, a sworn statement from a physician, as
10
defined in s. 448.01 (5), or physician assistant, as defined in s. 448.971 (2), that
11
verifies that the nonjudicial elective state official is physically incapable of serving
12
as an election official for 8 hours on election day.
AB538,3,16
13
(c) A nonjudicial elective state official shall attend the training required under
14
par. (a) during the period prescribed under s. 7.31 (4) regardless of whether the
15
nonjudicial elective state official is not serving or unable to serve as an election
16
official on any election day during that period.
AB538,3,20
17
(3)
It is compatible with his or her office for a nonjudicial elective state official
18
to serve as an election official appointed under s. 7.30 (2) (a), but the nonjudicial
19
elective state official may not be compensated for that service, notwithstanding s.
20
7.03.
AB538,4,4
21
(4)
After the nonjudicial elective state official satisfies the requirements
22
under sub. (2) for serving as an election official on election day, the chief inspector
23
or municipal clerk at the polling place or alternate site under s. 6.855 where the
1
nonjudicial elective state official served shall certify to the commission that the
2
nonjudicial elective state official has satisfied the requirements by submitting an
3
affidavit to the commission, signed by the nonjudicial elective state official and the
4
chief inspector or municipal clerk.
AB538,2
5
Section
2
.
13.02 (5) of the statutes is created to read:
AB538,4,8
6
13.02
(5)
Neither the assembly nor the senate shall meet on any day in which
7
an election, other than a special election, is being held in this state for a local, state,
8
or national office, nor shall a legislative committee meet on any such day.
AB538,4,9
9
(end)
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