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Bill

SB 949

Relating to: going armed at a polling place and providing a penalty.

2025-2026 Regular Session Introduced by Kristin Dassler-Alfheim and 5 co-sponsors

Criminalizes carrying a firearm within 100 feet of polling places or during canvasses/recounts, 1 hour before opening to 1 hour after closing, with specific exemptions.

Representative Mayadev added as a cosponsor
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WeVote Research Nonpartisan
Bill Summary · SB 949

Summary of Senate Bill 949 (2025-2026) – Wisconsin

Purpose
- Establishes criminal penalties for carrying a firearm “going armed” at polling places and near election activities.
- Aligns with concerns about safety around polling sites during canvasses and recounts.
- Creates a new statutory offense (and related penalties) to deter firearms presence in defined election-related locations.

Key Provisions and Changes

1) Prohibition on Carrying Firearms within/near Polling Places
- New offense: Carrying a firearm intentionally in or within 100 feet of:
- Any part of a building used as a polling place (as defined in state law);
- A location where election officials are conducting a canvass or a recount.
- Time restriction: Prohibition begins 1 hour before the polling place opens and ends 1 hour after it closes.
- Penalty: Classified as a Class A misdemeanor.

2) Exceptions and Exemptions
- The following individuals are exempt from the prohibition:
- Law enforcement officers employed by a public agency (and certain related categories under existing law);
- Qualified out-of-state law enforcement officers meeting specified criteria;
- Former officers meeting specified criteria;
- Private property owners or occupiers within the prohibited distance while on their property;
- Private security personnel employed on property within the prohibited distance going armed in the line of duty.

3) Related Statutory Adjustments (Cross-References and Clarifications)
- 175.60 (2g)(a) and (5)(a)(6): Clarify where concealed carry licenses allow carry and reference related prohibitions (e.g., 941.236, 943.13(1m)(c), 948.605(2)(b)1r).
- 941.236 (new): Create the offense “Carrying firearm at a polling place.”
- Defines Class A misdemeanor for going armed in polling place areas or during canvasses/recounts within 100 feet.
- Specifies exemptions (as above).
- Covers both in-building polling place areas and nearby locations during official election activities.

4) Juvenile and Related Provisions
- 938.34(14q): Enhanced penalties and procedures when a juvenile violates certain firearm- or school-related offenses, with notice and potential suspension of the juvenile’s operating privilege (driven by related offenses).
- 938.78(3): Rules governing release of a juvenile’s name or information when escape/absence relates to offenses including firearm or related violations (broader public-safety disclosure framework).

5) Penalties and Related Offenses
- 973.137(1) (amended): Aligns with the newly created 941.236 offense by including violations of 941.235/941.236 among listed offenses.
- 939.632(1)(e)3: Updates the list of misdemeanors to reflect current Wisconsin statutory structure and the inclusion of new or revised penalties.

Who Would Be Affected

  • Individuals carrying firearms within 100 feet of polling places or election canvasses/recounts during the defined time window.
  • Election officials and canvass/recount personnel (context for enforcement, with defined protected zones).
  • Law enforcement personnel and certain security or property owners within proximity to polling locations (exemptions apply).
  • Juveniles and young offenders, in cases involving related firearm or school premises violations, with potential additional penalties and licensing consequences.

Procedural and Timeline Aspects

  • Status: Introduced February 6, 2026; referred to the Committee on Government Operations, Labor and Economic Development.
  • Legislative path: As a criminal-penalties bill creating a new offense, it may be subject to Joint Review Committee on Criminal Penalties if an additional report is requested.
  • Notable implications: If enacted, the bill would add a new Class A misdemeanor offense (945.236) with a defined 1-hour pre-open to 1-hour post-close window around polling places and canvassing/recount activities; exemptions noted above.

Additional Context

  • Supporting materials indicate initial cosponsorship from several senators and involvement by interested parties such as Wisconsin Gun Owners, Inc. The bill text clarifies existing carry rights for licensees and outlines where those rights are limited in the voting context.

Overall Impact

  • The bill strengthens safety measures at polling places by criminalizing going armed in proximity to polling locations and during official election activities, subject to reasonable exemptions for public safety and property rights. It introduces a clear, time-bound prohibition tied to the polling process, with penalties designed to deter armed presence near election work.

Compiled from official sources — confirm details with the bill’s official record.

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