SB 291

This 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. This 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. This 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.

This bill also 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.

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.