Bills · 2023-2024 Regular Session
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.
County — Officers Crime and criminals — Battery Crime and criminals — Felony Discrimination in employment Elections — Officials Elections — Registration Legislature — Criminal penalties joint review committee on Municipality — Officers Privacy
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan 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 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.
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, election registration official, county clerk,
or municipal clerk who is acting in his or her capacity.
Harassing 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. 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.
Sponsors
Votes
Assembly: Report Assembly Amendment 1 adoption recommended by Committee on Campaigns and Elections, Ayes 8, Noes 0
Passed 8–0 Nov 7, 2023 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Assembly: Report Assembly Amendment 2 adoption recommended by Committee on Campaigns and Elections, Ayes 8, Noes 0
Passed 8–0 Nov 7, 2023 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Assembly: Report passage as amended recommended by Committee on Campaigns and Elections, Ayes 8, Noes 0
Passed 8–0 Nov 7, 2023 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Senate: Report adoption of Senate Amendment 1 to Senate Substitute Amendment 1 recommended by Committee on Shared Revenue, Elections and Consumer Protection, Ayes 5, Noes 0
Passed 5–0 Feb 9, 2024 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Senate: Report adoption of Senate Substitute Amendment 1 recommended by Committee on Shared Revenue, Elections and Consumer Protection, Ayes 5, Noes 0
Passed 5–0 Feb 9, 2024 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Senate: Report concurrence as amended recommended by Committee on Shared Revenue, Elections and Consumer Protection, Ayes 5, Noes 0
Passed 5–0 Feb 9, 2024 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Full history
- Oct 31, 2023 · Assembly
Introduced by Representatives Goeben, Rozar, Ortiz-Velez, Behnke, Dittrich, S. Johnson, Maxey, O'Connor and Rettinger
- Oct 31, 2023 · Assembly
Read first time and referred to Committee on Campaigns and Elections
- Oct 31, 2023 · Assembly
Senator Jacque added as a cosponsor
- Oct 31, 2023 · Assembly
Representative Murphy added as a coauthor
- Nov 1, 2023 · Assembly
- Nov 2, 2023 · Assembly
Public hearing held
- Nov 3, 2023 · Assembly
Assembly Amendment 1 offered by Representative Goeben
- Nov 6, 2023 · Assembly
Assembly Amendment 2 offered by Representative Krug
- Nov 7, 2023 · Assembly
Report Assembly Amendment 2 adoption recommended by Committee on Campaigns and Elections, Ayes 8, Noes 0
- Nov 7, 2023 · Assembly
Report passage as amended recommended by Committee on Campaigns and Elections, Ayes 8, Noes 0
- Nov 7, 2023 · Assembly
Referred to committee on Rules
- Nov 7, 2023 · Assembly
Placed on calendar 11-9-2023 by Committee on Rules
- Nov 7, 2023 · Assembly
Executive action taken
- Nov 7, 2023 · Assembly
Report Assembly Amendment 1 adoption recommended by Committee on Campaigns and Elections, Ayes 8, Noes 0
- Nov 8, 2023 · Assembly
Representative Gustafson added as a coauthor
- Nov 9, 2023 · Assembly
Read a second time
- Nov 9, 2023 · Assembly
Assembly Substitute Amendment 1 offered by Representative Goeben
- Nov 9, 2023 · Assembly
Assembly Substitute Amendment 1 adopted
- Nov 9, 2023 · Assembly
Ordered to a third reading
- Nov 9, 2023 · Assembly
Rules suspended
- Nov 9, 2023 · Assembly
Read a third time and passed
- Nov 9, 2023 · Assembly
Representative Cabrera added as a coauthor
- Nov 9, 2023 · Assembly
Ordered immediately messaged
- Nov 10, 2023 · Senate
Received from Assembly
- Nov 13, 2023 · Senate
Read first time and referred to committee on Shared Revenue, Elections and Consumer Protection
- Nov 13, 2023 · Senate
Senator Spreitzer added as a cosponsor
- Jan 22, 2024 · Senate
Senate Substitute Amendment 1 offered by Senator Knodl
- Jan 25, 2024 · Senate
Public hearing held
- Jan 31, 2024 · Senate
Senate Amendment 1 to Senate Substitute Amendment 1 offered by Senator Knodl
- Feb 9, 2024 · Senate
Executive action taken
- Feb 9, 2024 · Senate
Representative Steffen added as a coauthor
- Feb 9, 2024 · Senate
Report adoption of Senate Amendment 1 to Senate Substitute Amendment 1 recommended by Committee on Shared Revenue, Elections and Consumer Protection, Ayes 5, Noes 0
- Feb 9, 2024 · Senate
Report adoption of Senate Substitute Amendment 1 recommended by Committee on Shared Revenue, Elections and Consumer Protection, Ayes 5, Noes 0
- Feb 9, 2024 · Senate
Report concurrence as amended recommended by Committee on Shared Revenue, Elections and Consumer Protection, Ayes 5, Noes 0
- Feb 9, 2024 · Senate
Available for scheduling
- Apr 15, 2024 · Senate
Failed to concur in pursuant to Senate Joint Resolution 1