Amendment JR7 SSA1-SB1

SB1-SSA1,15,5 (c) 2. a. Any person may file a complaint with the board alleging a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. If the board finds, by a preponderance of the evidence, that a complaint is frivolous, the board may order the complainant to forfeit not more than the greater of $500 or the expenses incurred by the division in investigating the complaint.

SB1-SSA1,16,3 4. If the board reviews a complaint and fails to find that there is a reasonable suspicion that a violation under subd. 2. has occurred or is occurring, the board shall dismiss the complaint. If the board believes that there is reasonable suspicion that a violation under subd. 2. has occurred or is occurring, the board may by resolution authorize the commencement of an investigation. The resolution shall specifically set forth any matter that is authorized to be investigated. To assist in the investigation, the board may elect to retain a special investigator. If the board elects to retain a special investigator, the administrator of the ethics and accountability division shall submit to the board the names of 3 qualified individuals to serve as a special investigator. The board may retain one or more of the individuals. If the board retains a special investigator to investigate a complaint against a person who is a resident of this state, the board shall provide to the district attorney for the county in which the person resides a copy of the complaint and shall notify the district attorney that it has retained a special investigator to investigate the complaint. For purposes of this subdivision, a person other than a natural person resides within a county if the person's principal place of operation is located within that county. The board shall enter into a written contract with any individual who is retained as a special investigator setting forth the terms of the engagement. A special investigator who is retained by the board may request the board to issue a subpoena to a specific person or to authorize the special investigator to request a circuit court to issue a search warrant. The board may grant the request by approving a motion to that effect at a meeting of the board if the board finds that such action is legally appropriate.

SB1-SSA1,16,22 5. Each special investigator who is retained by the board shall make periodic reports to the board, as directed by the board, but in no case may the interval for reporting exceed 30 days. If the board authorizes the administrator of the ethics and accountability division to investigate any matter without retaining a special investigator, the administrator shall make periodic reports to the board, as directed by the board, but in no case may the reporting interval exceed 30 days. During the pendency of any investigation, the board shall meet for the purpose of reviewing the progress of the investigation at least once every 90 days. The special investigator or the administrator shall report in person to the board at that meeting concerning the progress of the investigation. If, after receiving a report, the board does not vote to continue an investigation for an additional period not exceeding 90 days, the investigation is terminated at the end of the reporting interval. The board shall not expend more than $10,000 to finance the cost of an investigation before receiving a report on the progress of the investigation and recommendation to commit additional resources. The board may vote to terminate an investigation at any time. If an investigation is terminated, any complaint from which the investigation arose is deemed to be dismissed by the board. Unless an investigation is terminated by the board, at the conclusion of each investigation, the administrator shall present to the board one of the following:

SB1-SSA1,16,25 a. A recommendation to make a finding that probable cause exists to believe that one or more violations under subd. 2. have occurred or are occurring, together with a recommended course of action.

SB1-SSA1,17,2 b. A recommendation for further investigation of the matter together with facts supporting that course of action.

SB1-SSA1,17,4 c. A recommendation to terminate the investigation due to lack of sufficient evidence to indicate that a violation under subd. 2 has occurred or is occurring.

SB1-SSA1,17,14 6. a. If the board finds that there is probable cause to believe that a violation under subd. 2. has occurred or is occurring, the board may authorize the administrator of the ethics and accountability division to file a civil complaint against the alleged violator. In such case, the administrator may request the assistance of special counsel to prosecute any action brought by the board. If the administrator requests the assistance of special counsel with respect to any matter, the administrator shall submit to the board the names of 3 qualified individuals to serve as special counsel. The board may retain one of the individuals to act as special counsel. The staff of the board shall provide assistance to the special counsel as may be required by the counsel to carry out his or her responsibilities.

SB1-SSA1,17,20 b. The board shall enter into a written contract with any individual who is retained as special counsel setting forth the terms of the engagement. The contract shall set forth the compensation to be paid such counsel by the state. The contract shall be executed on behalf of the state by the board's legal counsel, who shall file the contract in the office of the secretary of state. The compensation shall be charged to the appropriation under s. 20.455 (1) (b).

SB1-SSA1,17,22 7. No individual who is appointed or retained by the board to serve as special counsel or as a special investigator is subject to approval under s. 20.930.

SB1-SSA1,18,3 8. Upon employment of any individual to serve as special counsel or as a special investigator for the board, the administrator of the ethics and accountability division shall certify the maximum amount provided in the employment contract to the secretary of administration, and direct the department of administration to pay bills of the special counsel or special investigator related to that case within the certified amount.

SB1-SSA1,18,11 11. If the board finds that there is probable cause to believe that a violation under subd. 2. has occurred or is occurring, the board may, in lieu of civil prosecution of any matter by the board, refer the matter to the district attorney for the county in which the alleged violator resides, or if the alleged violator is a nonresident, to the district attorney for the county where the matter arises, or if par. (i) applies, to the attorney general or a special prosecutor. For purposes of this subdivision, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

SB1-SSA1,18,17 12. The board may, by rule, prescribe categories of civil offenses which the board will agree to compromise and settle without a formal investigation upon payment of specified amounts by the alleged offender. The board may authorize the administrator of the ethics and accountability division to compromise and settle such alleged offenses in the name of the board if the alleged offenses by an offender, in the aggregate, do not involve payment of more than $1,000.

SB1-SSA1,19,2 13. If a special investigator or the administrator of the ethics and accountability division, in the course of an investigation authorized by the board, discovers evidence that a violation under subd. 2. that was not within the scope of the authorized investigation has occurred or is occurring, the special investigator or the administrator may present that evidence to the board. If the board finds that there is a reasonable suspicion that a violation under subd. 2. that is not within the scope of the authorized investigation has occurred or is occurring, the board may authorize the special investigator or the administrator to investigate the alleged violation or may elect to authorize a separate investigation of the alleged violation as provided in subd. 4.

SB1-SSA1,19,10 14. If a special investigator or the administrator of the ethics and accountability division of the board, in the course of an investigation authorized by the board, discovers evidence of a potential violation of a law that is not administered by the board arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation, the special investigator or the administrator may present that evidence to the board. The board may thereupon refer the matter to the appropriate district attorney specified in subd. 11.

SB1-SSA1,19,23 15. Except as provided in subd. 17., if the board refers a matter to the district attorney specified in subd. 11. for prosecution of a potential violation under subd. 2. or 14. and the district attorney informs the board that he or she declines to prosecute any alleged civil or criminal violation related to any matter referred to the district attorney by the board, or the district attorney fails to commence a prosecution of any civil or criminal violation related to any matter referred to the district attorney by the board within 60 days of the date of the board's referral, the board may refer the matter to the district attorney for another prosecutorial unit that is contiguous to the prosecutorial unit of the district attorney to whom the matter was originally referred. If there is more than one such prosecutorial unit, the chairperson of the board shall determine the district attorney to whom the matter shall be referred by publicly drawing lots at a meeting of the board. The district attorney may then commence a civil or criminal prosecution relating to the matter.

SB1-SSA1,20,7 16. Except as provided in subd. 17., if the board refers a matter to a district attorney under subd. 15. for prosecution of a potential violation under subd. 2. or 14. and the district attorney informs the board that he or she declines to prosecute any alleged civil or criminal violation related to any matter referred to the district attorney by the board, or the district attorney fails to commence a prosecution of any civil or criminal violation related to any matter referred to the district attorney by the board within 60 days of the date of the board's referral, the board may refer the matter to the attorney general. The attorney general may then commence a civil or criminal prosecution relating to the matter.

SB1-SSA1,20,10 17. The board is not authorized to act under subd. 15. or 16. if a special prosecutor is appointed under s. 978.045 in lieu of the district attorney specified in subd. 11.

SB1-SSA1,20,18 18. Whenever the board refers a matter to special counsel or to a district attorney or to the attorney general under this subsection, the special counsel, district attorney, or attorney general shall report to the board concerning any action taken regarding the matter. The report shall be transmitted no later than 40 days after the date of the referral. If the matter is not disposed of during that period, the special counsel, district attorney, or attorney general shall file a subsequent report at the end of each 30-day period following the filing of the initial report until final disposition of the matter.

SB1-SSA1,20,22 (d) 1. No individual who serves as the legal counsel to the board or as a division administrator for the board may have been a lobbyist, as defined in s. 13.62 (11). No such individual may have served in, or have been a candidate, as defined in s. 11.01 (1), for, a partisan state or local office.

SB1-SSA1,21,4 2. No employee of the board, while so employed, may become a candidate, as defined in s. 11.01 (1), for a state or partisan local office. No individual who is retained by the board to serve as a special investigator or as special counsel may, while so retained become a candidate, as defined in s. 11.01 (1), for any state or local office. A filing officer shall decline to accept nomination papers or a declaration of candidacy from any individual who does not qualify to become a candidate under this paragraph.

SB1-SSA1,21,12 (e) No individual who serves as an employee of the board and no individual who is retained by the board to serve as a special investigator or a special counsel may, while so employed or retained, make a contribution, as defined in s. 11.01 (6), to a candidate for state or local office. No individual who serves as an employee of the board and no individual who is retained by the board to serve as a special investigator or as special counsel, for 12 months prior to becoming so employed or retained, may have made a contribution, as defined in s. 11.01 (6), to a candidate for a partisan state or local office.

SB1-SSA1,21,18 (h) If the defendant in an action for a civil violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit judge or a candidate for either such office, the action shall be brought by the board. If the defendant in an action for a civil violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 is the attorney general or a candidate for that office, the board may appoint special counsel to bring suit on behalf of the state.

SB1-SSA1,21,24 (i) If the defendant in an action for a criminal violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit judge or a candidate for either such office, the action shall be brought by the attorney general. If the defendant in an action for a criminal violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 is the attorney general or a candidate for that office, the board may appoint a special prosecutor to conduct the prosecution on behalf of the state.

SB1-SSA1,22,3 (j) Any special counsel or prosecutor who is appointed under par. (h) or (i) shall be independent of the attorney general and need not be a state employee at the time of his or her appointment.

SB1-SSA1,22,6 (2s) Ethics and accountability division. The ethics and accountability division has the responsibility for administration of ch. 11, subch. III of ch. 13, and subch. III of ch. 19.

SB1-SSA1,22,8 (2w) Elections Division. The elections division has the responsibility for the administration of chs. 5 to 10 and 12.

SB1-SSA1, s. 11 Section 11. 5.05 (3) of the statutes is repealed.

SB1-SSA1, s. 12 Section 12. 5.05 (3g) of the statutes is created to read:

SB1-SSA1,22,12 5.05 (3g) Chief election officer. The board shall designate an employee of the board to serve as the chief election officer of this state.

SB1-SSA1, s. 13 Section 13. 5.05 (5) of the statutes is repealed.

SB1-SSA1, s. 14 Section 14. 5.05 (5f) (title) of the statutes is created to read:

SB1-SSA1,22,15 5.05 (5f) (title) Advice to board.

SB1-SSA1, s. 15 Section 15. 5.05 (5s) (title), (d) and (e) of the statutes are created to read:

SB1-SSA1,22,17 5.05 (5s) (title) Access to records.

SB1-SSA1,22,23 (d) If the board commences a civil prosecution of a person for an alleged violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 as the result of an investigation, the person who is the subject of the investigation may authorize the board to make available for inspection and copying under s. 19.35 (1) records of the investigation pertaining to that person if the records are available by law to the subject person and the board shall then make those records available.

SB1-SSA1,22,25 (e) The following records of the board are open to public inspection and copying under s. 19.35 (1):

SB1-SSA1,23,2 1. Any record of the action of the board authorizing the filing of a civil complaint under sub. (2m) (c) 6.

SB1-SSA1,23,4 2. Any record of the action of the board referring a matter to a district attorney or other prosecutor for investigation or prosecution.

SB1-SSA1,23,6 3. Any record containing a finding that a complaint does not raise a reasonable suspicion that a violation of the law has occurred.

SB1-SSA1,23,8 4. Any record containing a finding, following an investigation, that no probable cause exists to believe that a violation of the law has occurred.

SB1-SSA1, s. 16 Section 16. 5.05 (5s) (f) 2. c. of the statutes is created to read:

SB1-SSA1,23,12 5.05 (5s) (f) 2. c. The board shall make public advisory opinions and records obtained in connection with requests for advisory opinions relating to matters under the jurisdiction of the elections division.

SB1-SSA1, s. 17 Section 17. 5.05 (6) of the statutes is repealed.

SB1-SSA1, s. 18 Section 18. 5.05 (9) of the statutes is amended to read:

SB1-SSA1,23,20 5.05 (9) Standing. The board has standing to commence or intervene in an any civil action or proceeding for the purpose of enforcing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration. If the board delegates authority to the executive director its legal counsel under sub. (1) (e) to act in its stead, the executive director legal counsel has standing to commence or intervene in such an action or proceeding.

SB1-SSA1, s. 19 Section 19. 5.05 (11) of the statutes is amended to read:

SB1-SSA1,24,6 5.05 (11) Aids to counties and municipalities. From the appropriations under s. 20.510 20.511 (1) (t) and (x), the board may provide financial assistance to eligible counties and municipalities for election administration costs in accordance with the plan adopted under sub. (10). As a condition precedent to receipt of assistance under this subsection, the board shall enter into an agreement with the county or municipality receiving the assistance specifying the intended use of the assistance and shall ensure compliance with the terms of the agreement. Each agreement shall provide that if the federal government objects to the use of any assistance moneys provided to the county or municipality under the agreement, the county or municipality shall repay the amount of the assistance provided to the board.

SB1-SSA1, s. 20 Section 20. 5.051 of the statutes is created to read:

SB1-SSA1,24,9 5.051 Reconstitution of the elections board. (1) In this section, "secretary" means the secretary of administration.

SB1-SSA1,24,19 (2) If a court invalidates any part of 2007 Wisconsin Act .... (this act), and the statutes in effect on the date of publication of that act are revived as provided in 2007 Wisconsin Act .... (this act), section 210 (8), the elections board, as it was constituted on the date of publication of 2007 Wisconsin Act .... (this act), is reconstituted, but the members who were in office on that date do not reassume office. The designating authorities under s. 15.61, 2005 stats., shall immediately designate, and the governor shall immediately appoint, replacement members. Notwithstanding s. 15.61, 2005 stats., the replacement members shall serve for initial terms expiring on May 1 of the next odd-numbered year following the day after publication of 2007 Wisconsin Act .... (this act).

SB1-SSA1,24,25 (3) If there is an incumbent administrator of the elections division of the government accountability board at the time of the reconstitution under sub. (2), the incumbent shall become the interim executive director of the elections board and shall serve until the elections board appoints a successor. The executive director is vested with full authority to act on behalf of the elections board until the reconstituted board meets and exercises its authority under the law.

SB1-SSA1,25,11 (4) If any statute in chs. 5 to 10 or ch. 12, or any other law affecting the administration of elections, other than campaign finance, has been created or treated during the period beginning on the day after publication of 2007 Wisconsin Act .... (this act), and ending on the date of the court decision under sub. (2) in a manner inconsistent with the reconstitution under sub. (2), the interim executive director of the elections board shall within 21 days of assuming office under this section submit to the appropriate standing committees of the legislature under s. 13.172 (3) a proposal to change that statute to conform to the reconstituted statutes. The proposal shall not include substantive changes to the text of any statute at the time of the court decision other than changes required to effect the reconstitution under sub. (2).

SB1-SSA1,26,5 (5) On the effective date of the reconstitution under sub. (2), all assets and liabilities of the government accountability board relating to elections administration, as determined by the secretary, shall become assets and liabilities of the elections board. As part of any asset allocation determination under this subsection, the secretary may transfer the amounts required for the elections board to resume operation for a period of not more than 30 days from the unencumbered balance in any sum certain appropriation of the government accountability board to a corresponding appropriation of the elections board. Prior to implementing a determination under this subsection for the period beginning 31 days after the effective date of the reconstitution, the secretary shall submit a specific description of his or her proposed determination to the cochairpersons of the joint committee on finance. If the cochairpersons notify the secretary that the committee will not meet to review the proposed determination, or if the cochairpersons do not notify the committee that the committee will meet to review the determination within 14 days of the secretary's submittal, the proposed determination takes effect. If within 14 days of the secretary's submittal the cochairpersons notify the secretary that the committee will meet to review the proposed determination, the determination, together with any modifications approved by the committee, takes effect upon approval by the committee.

SB1-SSA1,26,14 (6) On the effective date of the reconstitution under sub. (2), all full-time equivalent positions in the government accountability board having duties primarily related to elections administration, as determined by the secretary, and the incumbent employees holding those positions, are transferred to the elections board. Employees transferred under this subsection have all the rights and the same status under subch. V of ch. 111 and ch. 230 in the elections board that they enjoyed in the government accountability board immediately before the transfer. Notwithstanding ch. 230, any employee so transferred who has attained permanent status in class is not required to serve a probationary period.

SB1-SSA1,26,18 (7) On the effective date of the reconstitution under sub. (2), all tangible personal property, including records, of the government accountability board that are primarily related to elections administration, as determined by the secretary, are transferred to the elections board.

SB1-SSA1,26,24 (8) All contracts entered into by the government accountability board in effect on the effective date of the reconstitution under sub. (2) that are primarily related to elections administration, as determined by the secretary, are transferred to the elections board. The elections board shall carry out the obligations under any such contracts until modified or rescinded by the elections board to the extent allowed under the contracts.

SB1-SSA1,27,9 (9) All rules promulgated by the government accountability board that are in effect on the effective date of the reconstitution under sub. (2) and that are primarily related to elections administration, as determined by the secretary, remain in effect until their specified expiration dates or until amended or repealed by the elections board. All orders issued by the government accountability board that are in effect on the effective date of the reconstitution under sub. (2) and that are primarily related to elections administration, as determined by the secretary, remain in effect until their specified expiration dates or until modified or rescinded by the elections board.

SB1-SSA1,27,15 (10) Any matter pending with the government accountability board on the effective date of the reconstitution under sub. (2) that is primarily related to elections administration, as determined by the secretary, is transferred to the elections board, and all materials submitted or actions taken by the government accountability board with respect to the pending matter are considered as having been submitted to or taken by the elections board.

SB1-SSA1, s. 21 Section 21. 5.052 of the statutes is created to read:

SB1-SSA1,27,20 5.052 Government accountability candidate committee. (1) The government accountability candidate committee shall meet whenever a vacancy occurs in the membership of the board that requires a nomination to be submitted to the governor under s. 15.60 (2).

SB1-SSA1,27,22 (2) No person may be nominated by the committee unless the person receives the unanimous approval of the committee.

SB1-SSA1,27,24 (3) Except as provided in sub. (4), the committee shall submit at least the following number of nominations:

SB1-SSA1,27,25 (a) To fill one vacancy, 2 nominations.

SB1-SSA1,28,1 (b) To fill 2 vacancies, 3 nominations.

SB1-SSA1,28,2 (c) To fill 3 vacancies, 5 nominations.

SB1-SSA1,28,3 (d) To fill 4 vacancies, 6 nominations.

SB1-SSA1,28,4 (e) To fill 5 vacancies, 7 nominations.

SB1-SSA1,28,7 (4) If a nominee dies or withdraws, or if a nomination of the governor is withdrawn by the governor or rejected by the senate, the committee shall submit an additional nominee to the governor.

SB1-SSA1, s. 22 Section 22. 5.054 of the statutes is created to read:

SB1-SSA1,28,9 5.054 Duties of the legal counsel. The board's legal counsel shall:

SB1-SSA1,28,11 (1) Whenever a vacancy occurs on the board, call a meeting of the government accountability candidate committee.

SB1-SSA1,28,13 (2) Assist the government accountability candidate committee in the performance of its functions.

SB1-SSA1, s. 23 Section 23. 5.055 of the statutes is amended to read:

SB1-SSA1,29,3 5.055 Election assistance commission standards board. The executive director of administrator of the elections division of the board shall, in consultation with the board, appoint an individual to represent this state as a member of the federal election assistance commission standards board. The executive director administrator shall also conduct and supervise a process for the selection of an election official by county and municipal clerks and boards of election commissioners to represent local election officials of this state as a member of the federal election assistance commission standards board. The executive director administrator shall ensure that the members of the federal election assistance commission standards board representing this state shall at no time be members of the same political party. Upon appointment or election of any new member of the federal election assistance commission standards board representing this state, the executive director administrator shall transmit a notice of that member's appointment or election to the officer or agency designated by federal law.

SB1-SSA1, s. 24 Section 24. 5.056 of the statutes is amended to read:

SB1-SSA1,29,10 5.056 Matching program with secretary of transportation. The executive director administrator of the elections division of the board shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the board under s. 6.36 (1) with personally identifiable information maintained by the department of transportation.

SB1-SSA1, s. 25 Section 25. 5.08 of the statutes is amended to read:

SB1-SSA1,30,2 5.08 Petition for enforcement. Any In addition to or in lieu of filing a complaint, any elector may file a verified petition alleging such facts as are within his or her knowledge to indicate that an election official has failed or is failing to comply with any law regulating the conduct of elections or election campaigns or proposes to act in a manner inconsistent with such a law, and requesting that an action be commenced for injunctive relief, a writ of mandamus or prohibition or other such legal or equitable relief as may be appropriate to compel compliance with the law. The petition shall be filed with the district attorney of for the county where the violation or proposed action inconsistent with this chapter occurs or is proposed to occur having jurisdiction to prosecute the alleged failure to comply under s. 978.05 (1) and (2). The district attorney may then commence the action or dismiss the petition. If the district attorney declines to act upon the petition or if the district attorney fails to act upon the petition within 15 days of the date of filing, the petitioner may file the same petition with the attorney general, who may then commence the action.

SB1-SSA1, s. 26 Section 26. 5.09 of the statutes is amended to read:

SB1-SSA1,30,10 5.09 Certification of documents. Whenever the board is authorized or required to make a certification of any document in the custody of the board, and the authority to make the certification is lawfully delegated to the executive director, the executive director board's legal counsel, the legal counsel may, personally or through an employee authorized by the director legal counsel, affix his or her signature by means of a stamp, machine impression, reproduction print or similar process. This section does not apply to certificates of election.

SB1-SSA1, s. 27 Section 27. 5.40 (7) of the statutes is amended to read:

SB1-SSA1,30,18 5.40 (7) Whenever a municipality adopts and purchases voting machines or an electronic voting system, or adopts and purchases a different type of voting machine or electronic voting system from the type it was previously using, the municipal clerk or executive director of the municipal board of election commissioners shall promptly notify the county clerk or executive director of the county board of election commissioners and the executive director of the elections administrator of the elections division of the board in writing.

SB1-SSA1, s. 28 Section 28. 5.62 (4) (b) of the statutes is amended to read:

SB1-SSA1,30,24 5.62 (4) (b) The county board of election commissioners in counties having a population of more than 500,000 shall prepare the official primary ballot. The commissioners shall arrange the names of all candidates for each office whose nomination papers are filed at the county level, using the same method as that used by the elections government accountability board under s. 5.60 (1) (b).

SB1-SSA1, s. 29 Section 29. 6.26 (2) (b) of the statutes is amended to read:

SB1-SSA1,31,7 6.26 (2) (b) The municipal clerk, board of election commissioners, or elections government accountability board may appoint any applicant who qualifies under this subsection, unless the applicant's appointment has been revoked by a municipality or by the board for cause. The municipal clerk, board of election commissioners, or elections government accountability board may revoke an appointment made by the clerk, board of election commissioners, or elections government accountability board for cause at any time.

SB1-SSA1, s. 30 Section 30. 6.26 (2) (c) of the statutes is amended to read:

SB1-SSA1,31,13 6.26 (2) (c) No individual may serve as a special registration deputy in a municipality unless the individual is appointed by the municipal clerk or board of election commissioners of the municipality or the individual is appointed by the elections government accountability board to serve all municipalities and the individual completes training required under s. 7.315.

SB1-SSA1, s. 31 Section 31. 6.36 (2) (a) of the statutes is amended to read: