AB 300/SB 291: Reporting Election Irregularities

Ambiguous language opens a pathway to baseless allegations of election fraud to cast doubt on the validity and security of elections.

Failed to pass both houses, will not become law this session

This bill would:

• Prohibit the disclosure of personally identifiable information of election officials or election registration officials;
• Make “intentionally causing bodily harm to an election official in that person’s official capacity” a Class I felony; and
• Provides that an election official may not be “discharged, disciplined, demoted or otherwise discriminated against in regard to employment, or threatened with any such treatment” in response to “lawfully report[ing] or is believed to have reported, witnessing what the clerk or election official reasonably believed to be election fraud or irregularities.”

While ACLU-WI appreciates efforts to protect election officials, the bill as currently written does not define election “irregularities” or the “reasonableness” of the belief and does not create a process for election officials to “lawfully report” alleged irregularities. Without outlining the process for how a complaint must be made and to whom, it could allow baseless allegations to cast doubt on the validity and security of an election.