AB265: Bill Text

AB265,15,11 11.516 Administration. Except as otherwise specifically provided in ss. 11.501 to 11.522, the duties of and authority for administering and enforcing ss. 11.501 to 11.522 are vested in the board.

AB265,15,17 11.517 Penalties; enforcement. (1) Notwithstanding s. 11.60 (1), if an eligible candidate makes disbursements that exceed the total amount of the public financing benefit allocated to the candidate for any campaign and the total qualifying and seed money contributions lawfully accepted by the candidate, the candidate may be required to forfeit not more than 10 times the amount by which the disbursements exceed the allocation.

AB265,15,21 (2) Notwithstanding s. 11.60 (1), any eligible candidate who accepts contributions in excess of any limitation imposed under ss. 11.502 to 11.522 may be required to forfeit not more than 10 times the amount by which the contributions exceed the applicable limitation.

AB265,16,4 (3) If the board finds that there is probable cause to believe that an eligible candidate has made excess disbursements or has accepted excess contributions contrary to sub. (1) or (2), the board shall attempt for a period of not more than 14 days after its finding to correct the matter by informal methods of conference and conciliation and to enter into a settlement and conciliation agreement under s. 5.05 (1) (c) with the person involved. A settlement and conciliation agreement made pursuant to this subsection shall be a matter of public record. Unless violated, a settlement and conciliation agreement is a bar to any civil action under sub. (4).

AB265,16,10 (4) If the board has probable cause to believe that an eligible candidate has made excess disbursements or has accepted excess contributions and the board is unable to correct the matter by informal methods within the time prescribed in sub. (3), the board shall make a public finding of probable cause in the matter. After making a public finding, the board may bring a civil action against the eligible candidate as provided in s. 5.05 (1) (c).

AB265,16,18 (5) If an elector believes that an eligible candidate has violated ss. 11.502 to 11.522 and the elector is entitled to vote for or against the eligible candidate in the election in connection with which the violation is alleged to occur, the elector may file a complaint with the board requesting it to take remedial action. If the board refuses to take remedial action or, within 30 days after the filing of such a complaint, fails to take remedial action, the elector may commence a civil action requesting the court to impose a forfeiture under sub. (1) or (2) in circuit court for the county where the board is authorized to bring an action under s. 5.05 (1) (c).

AB265,16,21 (6) The board and courts shall expedite all proceedings under ss. 11.502 to 11.522 so that all complaints brought prior to an election are resolved, to the extent possible, before the election is held.

AB265,16,25 (7) If a complaint brought under ss. 11.502 to 11.522 is resolved against the complainant and is found to have been brought in bad faith and without reasonable basis therefor, the board or court may assess costs, including reasonable attorney fees, against the complainant.

AB265,17,6 11.518 Prohibited acts. (1) Notwithstanding s. 11.61 (1) (c), if an eligible candidate or agent of a candidate knowingly accepts more contributions than the candidate is entitled to receive, or makes disbursements exceeding the total amount of the public financing benefit received by the candidate and the qualifying and seed money contributions lawfully received by the candidate, the candidate or agent is guilty of a Class G felony.

AB265,17,10 (2) Notwithstanding s. 11.61 (1) (c), if in connection with the receipt or disbursement of a public financing benefit for an election campaign, any person knowingly provides false information to the board, or knowingly conceals or withholds information from the board, that person is guilty of a Class G felony.

AB265,17,14 11.522 Contributions to nonparticipating candidates. A nonparticipating candidate may accept contributions from private sources without limitation, except that no person may make any contribution or contributions to a nonparticipating candidate exceeding a total of $1,000 during any campaign.

AB265,13 Section 13. 11.60 (4) of the statutes is amended to read:

AB265,17,22 11.60 (4) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (h), 5.08, and 5.081, actions under this section or 11.517 may be brought by the board or by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

AB265,14 Section 14. 11.61 (2) of the statutes is amended to read:

AB265,18,5 11.61 (2) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (i), 5.08, and 5.081, all prosecutions under this section or s. 11.518 shall be conducted by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

AB265,15 Section 15. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table

AB265,16 Section 16. 20.511 (1) (r) of the statutes is created to read:

AB265,19,3 20.511 (1) (r) Democracy trust fund administration. From the democracy trust fund, the amounts in the schedule for the administration of ss. 11.501 to 11.522.

AB265,17 Section 17. 20.585 (1) (q) of the statutes is created to read:

AB265,19,7 20.585 (1) (q) Public financing benefits; candidates for justice. From the democracy trust fund, a sum sufficient to provide for payment of public financing benefits to eligible candidates under ss. 11.501 to 11.522.

AB265,18 Section 18. 20.585 (1) (r) of the statutes is created to read:

AB265,19,10 20.585 (1) (r) Democracy trust fund administration. From the democracy trust fund, the amounts in the schedule for the administration of ss. 11.501 to 11.522.

AB265,19 Section 19. 20.855 (4) (ba) of the statutes is created to read:

AB265,19,14 20.855 (4) (ba) Democracy trust fund payments. A sum sufficient equal to the amounts determined under s. 71.10 (3) to be paid into the democracy trust fund annually on August 15.

AB265,20 Section 20. 20.855 (4) (bb) of the statutes is created to read:

AB265,19,21 20.855 (4) (bb) Democracy trust fund transfer. A sum sufficient equal to the difference between the unencumbered balance in the democracy trust fund and the amounts required to provide public financing benefits that candidates qualify to receive from the democracy trust fund, to be transferred from the general fund to the democracy trust fund no later than the time required to make payments of grants under s. 11.51 (2) and (3).

AB265,21 Section 21. 25.17 (1) (cm) of the statutes is created to read:

AB265,19,23 25.17 (1) (cm) Democracy trust fund (s. 25.421);

AB265,22 Section 22. 25.421 of the statutes is created to read:

AB265,20,4 25.421 Democracy trust fund. All moneys appropriated under s. 20.855 (4) (ba) and (bb) and all moneys deposited in the state treasury under ss. 11.509, 11.51 (4), and 11.511 (5r) constitute the democracy trust fund, to be expended for the purposes of ss. 11.501 to 11.522.

AB265,23 Section 23. 71.10 (3) of the statutes is created to read:

AB265,20,10 71.10 (3) Campaign fund. (a) Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate $2 for the democracy trust fund for the use of eligible candidates under s. 11.51. If the individuals filing a joint return have a tax liability or are entitled to a tax refund, each individual may make a designation of $2 under this subsection.

AB265,20,18 (b) The secretary of revenue shall provide a place for those designations on the face of the individual income tax return and shall provide next to that place a statement that a designation will not increase tax liability. Annually on August 15, the secretary of revenue shall certify to the government accountability board, the department of administration and the state treasurer the total amount of designations made during the preceding fiscal year. If any individual attempts to place any condition or restriction upon a designation, that individual is deemed not to have made a designation on his or her tax return.

AB265,20,20 (c) The names of persons making designations under this subsection shall be strictly confidential.

AB265,24 Section 24. Initial applicability.

AB265,21,2 (1) The treatment of section 71.10 (3) of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 the treatment first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

AB265,25 Section 25. Effective date.

AB265,21,4 (1) This act takes effect on December 1 following the date of publication.

AB265,21,5 (End)