AB843-ASA1,54,10
6(4r) "Communication" means a message transmitted by means of a printed
7advertisement, billboard, handbill, sample ballot, radio or television advertisement,
8telephone call, or any medium that may be utilized for the purpose of disseminating
9or broadcasting a message, but not including a poll conducted solely for the purpose
10of identifying or collecting data concerning the attitudes or preferences of electors.
AB843-ASA1,54,2112
19.45
(13) No state public official holding an elective office may, directly or by
13means of an agent, give, or offer or promise to give, or withhold, or offer or promise
14to withhold, his or her vote or influence, or promise to take or refrain from taking
15official action with respect to any proposed or pending matter in consideration of, or
16upon condition that, any other person make or refrain from making a political
17contribution, or provide or refrain from providing any service or other thing of value,
18to or for the benefit of a candidate, a political party, any other person who is subject
19to a registration requirement under s. 11.05, or any person making a communication
20that contains a reference to a clearly identified state public official holding an
21elective office or to a candidate for state public office.
AB843-ASA1,55,223
19.49
(1m) No complaint alleging a violation of s. 19.45 (13) may be filed during
24the period beginning 120 days before a general or spring election, or during the
25period commencing on the date of the order of a special election under s. 8.50, and
1ending on the date of that election, against a candidate who files a declaration of
2candidacy to have his or her name appear on the ballot at that election.
AB843-ASA1, s. 131
3Section
131. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended
4to read:
AB843-ASA1,55,75
19.49
(5) (a)
No Except as provided in par. (b), no action may be taken on any
6complaint
which that is filed later than 3 years after a violation of this subchapter
7or subch. III of ch. 13 is alleged to have occurred.
AB843-ASA1,55,119
19.49
(5) (b) The period of limitation under par. (a) is tolled for a complaint
10alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such
11a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).
AB843-ASA1,56,413
19.53
(6) An order requiring the accused to forfeit not more than $500 for each
14violation of s. 19.43, 19.44
, or 19.56 (2) or not more than $5,000 for each violation of
15any other provision of this subchapter, or not more than the applicable amount
16specified in s. 13.69 for each violation of subch. III of ch. 13
; and, if. If the board
17determines that the accused has realized economic gain as a result of the violation,
18an the board may, in addition, order
requiring the accused to forfeit the amount
19gained as a result of the violation
. In addition, if the board determines that a state
20public official has violated s. 19.45 (13), the board may order the official to forfeit an
21amount equal to the amount or value of any political contribution, service, or other
22thing of value that was wrongfully obtained. If the board determines that a state
23public official has violated s. 19.45 (13) and no political contribution, service or other
24thing of value was obtained, the board may order the official to forfeit an amount
25equal to the maximum contribution authorized under s. 11.26 (1) for the office held
1or sought by the official, whichever amount is greater. The attorney general, when
2so requested by the board, shall institute proceedings to recover any forfeiture
3incurred under this section or s. 19.545 which is not paid by the person against whom
4it is assessed.
AB843-ASA1,56,15
619.535 Direct enforcement. If the board refuses or otherwise fails to
7authorize an investigation under s. 19.49 (3) with respect to a violation of s. 19.45 (13)
8within 30 days after receiving a verified complaint alleging a violation of s. 19.45 (13),
9the person making the complaint may bring an action to recover the forfeiture under
10s. 19.53 (6) on his or her relation in the name, and on behalf, of the state. In such
11actions, the court may award actual and necessary costs of prosecution, including
12reasonable attorney fees, to the relator if he or she prevails, but any forfeiture
13recovered shall be paid to the state. If the court finds in any such action that the
14cause of action was frivolous as provided in s. 814.025, the court shall award costs
15and fees to the defendant under that section.
AB843-ASA1,57,217
19.59
(1) (br) No local public official holding an elective office may, directly or
18by means of an agent, give, or offer or promise to give, or withhold, or offer or promise
19to withhold, his or her vote or influence, or promise to take or refrain from taking
20official action with respect to any proposed or pending matter in consideration of, or
21upon condition that, any other person make or refrain from making a political
22contribution, or provide or refrain from providing any service or other thing of value,
23to or for the benefit of a candidate, a political party, any other person who is subject
24to a registration requirement under s. 11.05, or any person making a communication
1that contains a reference to a clearly identified local public official holding an elective
2office or to a candidate for local public office.
AB843-ASA1, s. 136
3Section
136. 19.59 (7) of the statutes is renumbered 19.59 (7) (a) and amended
4to read:
AB843-ASA1,57,95
19.59
(7) (a) Any person who violates sub. (1) may be required to forfeit not
6more than $1,000 for each violation
, and, if the court determines that the accused has
7violated sub. (1) (br), the court may, in addition, order the accused to forfeit an
8amount equal to the amount or value of any political contribution, service, or other
9thing of value that was wrongfully obtained.
AB843-ASA1,57,1611
19.59
(7) (b) Any person who violates sub. (1) may be required to forfeit not
12more than $1,000 for each violation, and, if the court determines that a local public
13official has violated sub. (1) (br) and no political contribution, service or other thing
14of value was obtained, the court may, in addition, order the accused to forfeit an
15amount equal to the maximum contribution authorized under s. 11.26 (1) for the
16office held or sought by the official, whichever amount is greater.
AB843-ASA1,57,2218
19.59
(8) (c) If the district attorney fails to commence an action to enforce sub.
19(1)
(a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if the
20district attorney refuses to commence such an action, the person making the
21complaint may petition the attorney general to act upon the complaint. The attorney
22general may then bring an action under par. (a) or (b), or both.
AB843-ASA1, s. 139
23Section
139. 19.59 (8) (cm) and (cn) of the statutes are created to read:
AB843-ASA1,58,324
19.59
(8) (cm) No complaint alleging a violation of sub. (1) (br) may be filed
25during the period beginning 120 days before a general or spring election, or during
1the period commencing on the date of the order of a special election under s. 8.50, and
2ending on the date of that election, against a candidate who files a declaration of
3candidacy to have his or her name appear on the ballot at that election.
AB843-ASA1,58,124
(cn) If the district attorney refuses or otherwise fails to commence an action to
5enforce sub. (1) (br) within 30 days after receiving a verified complaint alleging a
6violation of sub. (1) (br), the person making the complaint may bring an action to
7recover the forfeiture under sub. (7) on his of her relation in the name, and on behalf,
8of the state. In such actions, the court may award actual and necessary costs of
9prosecution, including reasonable attorney fees, to the relator if her or she prevails,
10but any forfeiture recovered shall be paid to the state. If the court finds in any such
11action that the cause of action was frivolous as provided in s. 814.025, the court shall
12award costs and fees to the defendant under that section.
AB843-ASA1,58,1814
20.510
(1) (q)
Wisconsin election campaign fund. As a continuing
15appropriation, from the Wisconsin election campaign fund, the moneys determined
16under s. 11.50 to provide for payments to eligible candidates
whose names are 17certified under s. 7.08 (2) (c)
and (cm) and to provide for public information as
18authorized under s. 11.50 (2m).
AB843-ASA1,58,2420
20.855
(4) (ba)
Wisconsin election campaign fund supplement. A sum sufficient
21equal to the amounts required to make full payment of grants which candidates
22qualify to receive from the Wisconsin election campaign fund, to be transferred from
23the general fund to the Wisconsin election campaign fund no later than the time
24required to make payments of grants under s. 11.50 (5).
AB843-ASA1,59,7
125.42 Wisconsin election campaign fund. All moneys appropriated under
2s. 20.855 (4) (b)
and (ba) together with all moneys
deposited under ss. 8.35 (4) (a),
311.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.23 (2), and 11.38 (6), all moneys reverting
4to the state under s. 11.50 (8) and all gifts, bequests and devises received under s.
511.50 (13) constitute the Wisconsin election campaign fund, to be expended for the
6purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall
7continue to accumulate indefinitely.
AB843-ASA1,59,209
71.10
(3) (a) Every individual filing an income tax return who has a tax liability
10or is entitled to a tax refund may designate
$1 $5 for
transfer to the Wisconsin
11election campaign fund
for the use of eligible candidates under s. 11.50. If the
12individuals filing a joint return have a tax liability or are entitled to a tax refund,
13each individual may make a designation of
$1 $5 under this subsection.
Each
14individual making a designation shall indicate whether the amount designated by
15that individual shall be placed in the general account for the use of all eligible
16candidates for state office, or in the account of an eligible political party whose name
17is certified to the secretary of revenue under s. 11.50 (14). If an individual does not
18indicate that the amount of his or her designation shall be placed in the account of
19a particular eligible political party, that amount shall be placed in the general
20account.
AB843-ASA1,60,1022
71.10
(3) (b) The secretary of revenue shall provide a place for
those 23designations
under par. (a) on the face of the individual income tax return and shall
24provide next to that place a statement that a designation will not increase tax
25liability.
Annually on August 15 The secretary shall also provide and highlight a
1place in the instructions that accompany the return for any information submitted
2to the secretary by the elections board under s. 11.50 (2m) without cost to the board.
3No later than the 15th day of each month, the secretary of revenue shall certify to
4the elections board, the department of administration and the state treasurer
under
5s. 11.50 the total amount of designations made
on returns processed by the
6department of revenue during the preceding
fiscal year month and the amount of
7designations made during that month for the general account and for the account of
8each eligible political party. If any individual attempts to place any condition or
9restriction upon a designation
not authorized under par. (a), that individual is
10deemed not to have made a designation on his or her tax return.
AB843-ASA1,60,1612
806.04
(11m) Campaign finance registration. Any person who proposes to
13publish, disseminate, or broadcast, or causes to be published, disseminated, or
14broadcast, any communication may commence a proceeding under this section to
15determine the application to that person of a registration requirement under s. 11.05
16(1), (2), or (2g).
AB843-ASA1,60,1818
(1)
Nonseverability.
AB843-ASA1,60,2319
(a) Notwithstanding section 990.001 (11) of the statutes, if a court finds that
20all or any portion of sections 11.01 (16) (a) 3., 11.12 (6) (c), 11.26 (8m), or 11.50 (9) (b)
21or (bb) of the statutes, as created by this act, is unconstitutional, then sections 11.01
22(16) (a) 3., 11.12 (6) (c), 11.26 (8m), and 11.50 (9) (b) and (bb) of the statutes, as created
23by this act, are void in their entirety.
AB843-ASA1,61,3
1(b) Notwithstanding section 990.001 (11) of the statutes, if a court finds that
2any part of section 11.12 (8) or 11.50 (9) (ba) of the statutes, as created by this act,
3is unconstitutional, this entire act is void.
AB843-ASA1,61,115
(1) In the schedule under section 20.005 (3) of the statutes for the appropriation
6to the elections board under section 20.510 (1) (a) of the statutes, as affected by the
7acts of 2001, the dollar amount is increased by $76,100 for fiscal year 2001-02 and
8the dollar amount is increased by $85,100 for fiscal year 2002-03 to increase the
9authorized FTE positions for the elections board by 1.0 GPR campaign finance
10investigator position and 1.0 GPR auditor position and to fund supporting expenses
11for these positions.
AB843-ASA1,61,1413
(1) Except as provided in subsections (2) and (3), this act first applies to
14elections held on the day after publication.
AB843-ASA1,61,1915
(2) The treatment of section 71.10 (3) (a) of the statutes first applies to claims
16filed for taxable years beginning on January 1 of the year in which this subsection
17takes effect, except that if this subsection takes effect after July 31 the treatment
18first applies to claims filed for taxable years beginning on January 1 of the year
19following the year in which this subsection takes effect.
AB843-ASA1,61,2120
(3) The treatment of section 11.31 (9) of the statutes first applies to adjustments
21for the biennium beginning on January 1, 2004.