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).
AB801,73,1515
(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.
AB801,74,109
(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.