AB801,64,2415 11.60 (3s) Notwithstanding sub. (1), if any candidate or committee, other than
16a conduit, accepts a contribution, makes a disbursement, or incurs an obligation to
17make a disbursement for the purpose of supporting or opposing a candidate for an
18office specified in s. 11.31 (1) (a) to (de), (e), or (f) without first registering under s.
1911.05 (1), (2), or (2g) to the extent required under s. 11.05 (1), (2), and (2g), or without
20reporting the information required under s. 11.12 (6) (c) or (8) or 11.20 (3) or (4) with
21respect to that contribution, disbursement, or obligation, to the extent required
22under ss. 11.12 (6) (c) and (8) and 11.20 (3) and (4), the candidate or other individual
23or committee may be required to forfeit not more than $500 per day for each day of
24continued violation.
AB801,65,6
1(3t) Notwithstanding sub. (1), if any candidate or committee, other than a
2conduit, accepts one or more contributions, makes one or more disbursements, or
3incurs one or more obligations to make disbursements for the purpose of supporting
4or opposing a candidate for an office specified in s. 11.31 (1) (a) to (de), (e), or (f) in
5an amount or value that differs from the amount reported by that individual or
6committee under s. 11.12 (6) (c) or (8) or 11.20 (3) or (4):
AB801,65,97 (a) By more than 5% but not more than 10% cumulatively, the candidate or
8other individual or committee shall forfeit 4 times the amount or value of the
9difference.
AB801,65,1210 (b) By more than 10% but not more than 15% cumulatively, the candidate or
11other individual or committee shall forfeit 6 times the amount or value of the
12difference.
AB801,65,1413 (c) By more than 15% cumulatively, the candidate or other individual or
14committee shall forfeit 8 times the amount of the difference.
AB801, s. 125 15Section 125. 11.60 (4) of the statutes is amended to read:
AB801,66,716 11.60 (4) Actions under this section arising out of an election for state office or
17a statewide referendum may be brought by the board or by the district attorney of
18the county where the violation is alleged to have occurred, except as specified in s.
1911.38. Actions under this section arising out of an election for local office or local
20referendum may be brought by the district attorney of the county where the violation
21is alleged to have occurred. Actions under this section arising out of an election for
22county office or a county referendum may be brought by the county board of election
23commissioners of the county wherein the violation is alleged to have occurred. In
24addition, whenever a candidate or personal campaign committee or agent of a
25candidate is alleged to have violated this chapter, action may be brought by the

1district attorney of any county any part of which is contained within the jurisdiction
2or district in which the candidate seeks election.
If a violation concerns a district
3attorney or circuit judge or candidate for such offices, the action shall be brought by
4the attorney general. If a violation concerns the attorney general or a candidate for
5such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit
6in behalf of the state. The counsel shall be independent of the attorney general and
7need not be a state employe at the time of appointment.
AB801, s. 126 8Section 126. 11.61 (1) (a) of the statutes is amended to read:
AB801,66,119 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), or (2g) or (2r), 11.07
10(1) or (5), 11.10 (1), 11.12 (5), 11.23 (6), or 11.24 (1) may be fined not more than $10,000
11or imprisoned for not more than 4 years and 6 months or both.
AB801, s. 127 12Section 127. 13.625 (3m) of the statutes is created to read:
AB801,66,1713 13.625 (3m) No elective state official and no personal campaign committee of
14an elective state official may solicit a lobbyist or principal to arrange for another
15person to make a campaign contribution to that official or personal campaign
16committee or to another elective state official or the personal campaign committee
17of that official.
AB801, s. 128 18Section 128. 19.42 (3m), (4g) and (4r) of the statutes are created to read:
AB801,66,2019 19.42 (3m) "Candidate," except as otherwise provided, has the meaning given
20in s. 11.01 (1).
AB801,66,22 21(4g) "Clearly identified," when used in reference to a communication
22containing a reference to a person, means one of the following:
AB801,66,2323 (a) The person's name appears.
AB801,66,2424 (b) A photograph or drawing of the person appears.
AB801,66,2525 (c) The identity of the person is apparent by unambiguous reference.
AB801,67,5
1(4r) "Communication" means a message transmitted by means of a printed
2advertisement, billboard, handbill, sample ballot, radio or television advertisement,
3telephone call, or any medium that may be utilized for the purpose of disseminating
4or broadcasting a message, but not including a poll conducted solely for the purpose
5of identifying or collecting data concerning the attitudes or preferences of electors.
AB801, s. 129 6Section 129. 19.45 (13) of the statutes is created to read:
AB801,67,167 19.45 (13) No state public official holding an elective office may, directly or by
8means of an agent, give, or offer or promise to give, or withhold, or offer or promise
9to withhold, his or her vote or influence, or promise to take or refrain from taking
10official action with respect to any proposed or pending matter in consideration of, or
11upon condition that, any other person make or refrain from making a political
12contribution, or provide or refrain from providing any service or other thing of value,
13to or for the benefit of a candidate, a political party, any other person who is subject
14to a registration requirement under s. 11.05, or any person making a communication
15that contains a reference to a clearly identified state public official holding an
16elective office or to a candidate for state public office.
AB801, s. 130 17Section 130. 19.49 (1m) of the statutes is created to read:
AB801,67,2218 19.49 (1m) No complaint alleging a violation of s. 19.45 (13) may be filed during
19the period beginning 120 days before a general or spring election, or during the
20period commencing on the date of the order of a special election under s. 8.50, and
21ending on the date of that election, against a candidate who files a declaration of
22candidacy to have his or her name appear on the ballot at that election.
AB801, s. 131 23Section 131. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended
24to read:
AB801,68,3
119.49 (5) (a) No Except as provided in par. (b), no action may be taken on any
2complaint which that is filed later than 3 years after a violation of this subchapter
3or subch. III of ch. 13 is alleged to have occurred.
AB801, s. 132 4Section 132. 19.49 (5) (b) of the statutes is created to read:
AB801,68,75 19.49 (5) (b) The period of limitation under par. (a) is tolled for a complaint
6alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such
7a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).
AB801, s. 133 8Section 133. 19.53 (6) of the statutes is amended to read:
AB801,68,259 19.53 (6) An order requiring the accused to forfeit not more than $500 for each
10violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of
11any other provision of this subchapter, or not more than the applicable amount
12specified in s. 13.69 for each violation of subch. III of ch. 13; and, if. If the board
13determines that the accused has realized economic gain as a result of the violation,
14an the board may, in addition, order requiring the accused to forfeit the amount
15gained as a result of the violation. In addition, if the board determines that a state
16public official has violated s. 19.45 (13), the board may order the official to forfeit an
17amount equal to the amount or value of any political contribution, service, or other
18thing of value that was wrongfully obtained. If the board determines that a state
19public official has violated s. 19.45 (13) and no political contribution, service or other
20thing of value was obtained, the board may order the official to forfeit an amount
21equal to the maximum contribution authorized under s. 11.26 (1) for the office held
22or sought by the official, whichever amount is greater
. The attorney general, when
23so requested by the board, shall institute proceedings to recover any forfeiture
24incurred under this section or s. 19.545 which is not paid by the person against whom
25it is assessed.
AB801, s. 134
1Section 134. 19.535 of the statutes is created to read:
AB801,69,11 219.535 Direct enforcement. If the board refuses or otherwise fails to
3authorize an investigation under s. 19.49 (3) with respect to a violation of s. 19.45 (13)
4within 30 days after receiving a verified complaint alleging a violation of s. 19.45 (13),
5the person making the complaint may bring an action to recover the forfeiture under
6s. 19.53 (6) on his or her relation in the name, and on behalf, of the state. In such
7actions, the court may award actual and necessary costs of prosecution, including
8reasonable attorney fees, to the relator if he or she prevails, but any forfeiture
9recovered shall be paid to the state. If the court finds in any such action that the
10cause of action was frivolous as provided in s. 814.025, the court shall award costs
11and fees to the defendant under that section.
AB801, s. 135 12Section 135. 19.59 (1) (br) of the statutes is created to read:
AB801,69,2213 19.59 (1) (br) No local public official holding an elective office may, directly or
14by means of an agent, give, or offer or promise to give, or withhold, or offer or promise
15to withhold, his or her vote or influence, or promise to take or refrain from taking
16official action with respect to any proposed or pending matter in consideration of, or
17upon condition that, any other person make or refrain from making a political
18contribution, or provide or refrain from providing any service or other thing of value,
19to or for the benefit of a candidate, a political party, any other person who is subject
20to a registration requirement under s. 11.05, or any person making a communication
21that contains a reference to a clearly identified local public official holding an elective
22office or to a candidate for local public office.
AB801, s. 136 23Section 136. 19.59 (7) of the statutes is renumbered 19.59 (7) (a) and amended
24to read:
AB801,70,5
119.59 (7) (a) Any person who violates sub. (1) may be required to forfeit not
2more than $1,000 for each violation, and, if the court determines that the accused has
3violated sub. (1) (br), the court may, in addition, order the accused to forfeit an
4amount equal to the amount or value of any political contribution, service, or other
5thing of value that was wrongfully obtained
.
AB801, s. 137 6Section 137. 19.59 (7) (b) of the statutes is created to read:
AB801,70,127 19.59 (7) (b) Any person who violates sub. (1) may be required to forfeit not
8more than $1,000 for each violation, and, if the court determines that a local public
9official has violated sub. (1) (br) and no political contribution, service or other thing
10of value was obtained, the court may, in addition, order the accused to forfeit an
11amount equal to the maximum contribution authorized under s. 11.26 (1) for the
12office held or sought by the official, whichever amount is greater.
AB801, s. 138 13Section 138. 19.59 (8) (c) of the statutes is amended to read:
AB801,70,1814 19.59 (8) (c) If the district attorney fails to commence an action to enforce sub.
15(1) (a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if the
16district attorney refuses to commence such an action, the person making the
17complaint may petition the attorney general to act upon the complaint. The attorney
18general may then bring an action under par. (a) or (b), or both.
AB801, s. 139 19Section 139. 19.59 (8) (cm) and (cn) of the statutes are created to read:
AB801,70,2420 19.59 (8) (cm) No complaint alleging a violation of sub. (1) (br) may be filed
21during the period beginning 120 days before a general or spring election, or during
22the period commencing on the date of the order of a special election under s. 8.50, and
23ending on the date of that election, against a candidate who files a declaration of
24candidacy to have his or her name appear on the ballot at that election.
AB801,71,9
1(cn) If the district attorney refuses or otherwise fails to commence an action to
2enforce sub. (1) (br) within 30 days after receiving a verified complaint alleging a
3violation of sub. (1) (br), the person making the complaint may bring an action to
4recover the forfeiture under sub. (7) on his of her relation in the name, and on behalf,
5of the state. In such actions, the court may award actual and necessary costs of
6prosecution, including reasonable attorney fees, to the relator if her or she prevails,
7but any forfeiture recovered shall be paid to the state. If the court finds in any such
8action that the cause of action was frivolous as provided in s. 814.025, the court shall
9award costs and fees to the defendant under that section.
AB801, s. 140 10Section 140. 20.510 (1) (q) of the statutes is amended to read:
AB801,71,1511 20.510 (1) (q) Wisconsin election campaign fund. As a continuing
12appropriation, from the Wisconsin election campaign fund, the moneys determined
13under s. 11.50 to provide for payments to eligible candidates whose names are
14certified under s. 7.08 (2) (c) and (cm) and to provide for public information as
15authorized under s. 11.50 (2m)
.
AB801, s. 141 16Section 141. 20.855 (4) (ba) of the statutes is created to read:
AB801,71,2117 20.855 (4) (ba) Wisconsin election campaign fund supplement. A sum sufficient
18equal to the amounts required to make full payment of grants which candidates
19qualify to receive from the Wisconsin election campaign fund, to be transferred from
20the general fund to the Wisconsin election campaign fund no later than the time
21required to make payments of grants under s. 11.50 (5).
AB801, s. 142 22Section 142. 25.42 of the statutes is amended to read:
AB801,72,4 2325.42 Wisconsin election campaign fund. All moneys appropriated under
24s. 20.855 (4) (b) and (ba) together with all moneys deposited under ss. 8.35 (4) (a),
2511.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.23 (2), and 11.38 (6), all moneys
reverting

1to the state under s. 11.50 (8) and all gifts, bequests and devises received under s.
211.50 (13) constitute the Wisconsin election campaign fund, to be expended for the
3purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall
4continue to accumulate indefinitely.
AB801, s. 143 5Section 143. 71.10 (3) (a) of the statutes is amended to read:
AB801,72,176 71.10 (3) (a) Every individual filing an income tax return who has a tax liability
7or is entitled to a tax refund may designate $1 $5 for transfer to the Wisconsin
8election campaign fund for the use of eligible candidates under s. 11.50. If the
9individuals filing a joint return have a tax liability or are entitled to a tax refund,
10each individual may make a designation of $1 $5 under this subsection. Each
11individual making a designation shall indicate whether the amount designated by
12that individual shall be placed in the general account for the use of all eligible
13candidates for state office, or in the account of an eligible political party whose name
14is certified to the secretary of revenue under s. 11.50 (14). If an individual does not
15indicate that the amount of his or her designation shall be placed in the account of
16a particular eligible political party, that amount shall be placed in the general
17account.
AB801, s. 144 18Section 144 . 71.10 (3) (b) of the statutes is amended to read:
AB801,73,719 71.10 (3) (b) The secretary of revenue shall provide a place for those
20designations under par. (a) on the face of the individual income tax return and shall
21provide next to that place a statement that a designation will not increase tax
22liability. Annually on August 15 The secretary shall also provide and highlight a
23place in the instructions that accompany the return for any information submitted
24to the secretary by the elections board under s. 11.50 (2m) without cost to the board.
25No later than the 15th day of each month
, the secretary of revenue shall certify to

1the elections board, the department of administration and the state treasurer under
2s. 11.50
the total amount of designations made on returns processed by the
3department of revenue
during the preceding fiscal year month and the amount of
4designations made during that month for the general account and for the account of
5each eligible political party
. If any individual attempts to place any condition or
6restriction upon a designation not authorized under par. (a), that individual is
7deemed not to have made a designation on his or her tax return.
AB801, s. 145 8Section 145. 806.04 (11m) of the statutes is created to read:
AB801,73,139 806.04 (11m) Campaign finance registration. Any person who proposes to
10publish, disseminate, or broadcast, or causes to be published, disseminated, or
11broadcast, any communication may commence a proceeding under this section to
12determine the application to that person of a registration requirement under s. 11.05
13(1), (2), or (2g).
AB801, s. 146 14Section 146. Nonstatutory provisions.
AB801,73,1515 (1) Nonseverability.
AB801,73,2016 (a) Notwithstanding section 990.001 (11) of the statutes, if a court finds that
17all or any portion of sections 11.01 (16) (a) 3., 11.12 (6) (c), 11.26 (8m), or 11.50 (9) (b)
18or (bb) of the statutes, as created by this act, is unconstitutional, then sections 11.01
19(16) (a) 3., 11.12 (6) (c), 11.26 (8m), and 11.50 (9) (bb) of the statutes, as created by
20this act, are void in their entirety.
AB801,73,2321 (b) Notwithstanding section 990.001 (11) of the statutes, if a court finds that
22any part of section 11.12 (8) or 11.50 (9) (ba) of the statutes, as created by this act,
23is unconstitutional, this entire act is void.
AB801, s. 147 24Section 147. Appropriation changes; elections board.
AB801,74,7
1(1) In the schedule under section 20.005 (3) of the statutes for the appropriation
2to the elections board under section 20.510 (1) (a) of the statutes, as affected by the
3acts of 2001, the dollar amount is increased by $76,100 for fiscal year 2001-02 and
4the dollar amount is increased by $85,100 for fiscal year 2002-03 to increase the
5authorized FTE positions for the elections board by 1.0 GPR campaign finance
6investigator position and 1.0 GPR auditor position and to fund supporting expenses
7for these positions.
AB801, s. 148 8Section 148. Initial applicability.
AB801,74,109 (1) Except as provided in subsections (2) and (3), this act first applies to
10elections held on the day after publication.
AB801,74,1511 (2) The treatment of section 71.10 (3) (a) of the statutes first applies to claims
12filed for taxable years beginning on January 1 of the year in which this subsection
13takes effect, except that if this subsection takes effect after July 31 the treatment
14first applies to claims filed for taxable years beginning on January 1 of the year
15following the year in which this subsection takes effect.
AB801,74,1716 (3) The treatment of section 11.31 (9) of the statutes first applies to adjustments
17for the biennium beginning on January 1, 2004.
AB801,74,1818 (End)
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