SB 5843
In CommitteeSenate
Signature gatherers
Establishing penalties and protections against harassment of initiative and referendum signature gatherers.
- Introduced (completed)
- 2Committee (current stage)
- 3Floor Vote (not started)
- 4Opposite Chamber (not started)
- 5Governor (not started)
- 6Signed (not started)
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill strengthens legal protections against harassment for people collecting signatures for initiatives and referendums, treating such harassment as a more serious crime under certain conditions. It also expands existing harassment laws to include signature gatherers alongside other election and criminal justice officials, and allows them to access the state’s address confidentiality program for safety.
- Expands the legal definition of 'election official' to include people collecting signatures for initiatives or referendums.
- Makes it a class C felony (instead of just a gross misdemeanor) to harass an election official or signature gatherer while performing official duties, or because of actions taken in those duties.
- Adds signature gatherers to the list of protected individuals under existing harassment laws, including protections for threats of violence or physical harm.
- Allows signature gatherers, election officials, and criminal justice participants (and their household members) to enroll in the address confidentiality program to help protect their safety.
- Clarifies that threats are not harassment if the target reasonably believes the person making the threat cannot carry it out.
Who is affected
- Initiative and referendum signature gatherers — Signature gatherers for initiatives and referenda will now be legally protected from harassment, including threats, threats of violence, or other harmful actions related to their petition work.
- Election officials — Election office staff (e.g., county auditor employees involved in voter registration or vote processing) gain stronger legal protections and may qualify for address confidentiality if targeted.
- Criminal justice participants — Law enforcement, prosecutors, corrections staff, and other criminal justice personnel gain enhanced protections when targeted for threats related to their official duties.
- Household members of protected individuals — People who live with signature gatherers, election officials, or criminal justice participants may also benefit from protections like address confidentiality if they share a household with the targeted person.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (3)
Enhancing legal protections for signature gatherers and election officials by elevating harassment to a Class C felony deters violent threats and ensures that individuals who target these public-facing roles face more severe consequences, thereby improving the safety of democratic processes.
Public SafetyPeopleRef: Sec. 1(2)(b)(iii) & (iv)Allowing signature gatherers, election officials, and their household members to enroll in the address confidentiality program provides a critical safety mechanism for individuals at risk of retaliation, protecting their personal security and enabling them to continue participating in civic life without fear of physical harm.
Rights & LibertiesPeopleRef: Sec. 1(3)Explicitly including signature gatherers in the definition of 'election official' clarifies legal protections and ensures that individuals performing this essential civic duty are not left without adequate legal recourse when targeted for harassment related to their petition work.
Public SafetyLean peopleRef: Sec. 1(5)(b)
Potential Concerns (3)
The elevation of harassment charges to a Class C felony for threats made to signature gatherers or election officials may chill legitimate political speech and protest, as individuals may avoid expressing strong opposition to ballot measures for fear of facing felony charges rather than misdemeanors.
Rights & LibertiesIndustryRef: Sec. 1(2)(b)(iii) & (iv)Treating threats against petition signers as felonies increases the burden on law enforcement and the judicial system to investigate and prosecute these cases, potentially diverting resources from other public safety priorities and increasing costs for taxpayers.
Public SafetyLean industryRef: Sec. 1(2)(b)(iii) & (iv)Expanding eligibility for the address confidentiality program to include household members of signature gatherers and election officials may increase administrative costs for state agencies responsible for managing the program, with no dedicated funding provided in the bill.
Local GovernmentLean industryRef: Sec. 1(3)
Who Is Most Affected
- Initiative and Referendum Signature GatherersPositive Impact
These individuals directly benefit from enhanced legal protections and access to the address confidentiality program, reducing their risk of physical harm and enabling them to continue their civic work safely.
- Election OfficialsPositive Impact
Election officials gain stronger legal protections against harassment and may qualify for address confidentiality if targeted, improving their safety while performing duties related to voter registration and vote processing.
- Law Enforcement and ProsecutorsMixed Impact
Law enforcement and prosecutors face increased responsibilities in investigating and prosecuting harassment cases involving signature gatherers and election officials, which may require additional resources and training.
- Household Members of Protected IndividualsPositive Impact
Household members of protected individuals gain access to the address confidentiality program, enhancing their personal safety if they share a residence with a targeted signature gatherer or election official.
- TaxpayersNegative Impact
Taxpayers may bear indirect costs associated with increased enforcement of harassment laws and administrative expenses for the expanded address confidentiality program, though the bill notes only a minor fiscal impact.
Sponsors
- Senator Wagoner(Republican)District 39Primary
- Senator Wilson(Republican)District 19Secondary
- Senator Christian(Republican)District 4Secondary
- Senator Dozier(Republican)District 16Secondary
- Senator Gildon(Republican)District 25Secondary
- Senator Short(Republican)District 7Secondary