AB843, s. 130 6Section 130. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended
7to read:
AB843,69,108 19.49 (5) (a) No Except as provided in par. (b), no action may be taken on any
9complaint which that is filed later than 3 years after a violation of this subchapter
10or subch. III of ch. 13 is alleged to have occurred.
AB843, s. 131 11Section 131. 19.49 (5) (b) of the statutes is created to read:
AB843,69,1412 19.49 (5) (b) The period of limitation under par. (a) is tolled for a complaint
13alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such
14a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).
AB843, s. 132 15Section 132. 19.53 (6) of the statutes is amended to read:
AB843,70,716 19.53 (6) An order requiring the accused to forfeit not more than $500 for each
17violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of
18any other provision of this subchapter, or not more than the applicable amount
19specified in s. 13.69 for each violation of subch. III of ch. 13; and, if. If the board
20determines that the accused has realized economic gain as a result of the violation,
21an the board may, in addition, order requiring the accused to forfeit the amount
22gained as a result of the violation. In addition, if the board determines that a state
23public official has violated s. 19.45 (13), the board may order the official to forfeit an
24amount equal to the amount or value of any political contribution, service, or other
25thing of value that was wrongfully obtained. If the board determines that a state

1public official has violated s. 19.45 (13) and no political contribution, service, or other
2thing of value was obtained, the board may order the official to forfeit an amount
3equal to the maximum contribution authorized under s. 11.26 (1) for the office held
4or sought by the official, whichever amount is greater
. The attorney general, when
5so requested by the board, shall institute proceedings to recover any forfeiture
6incurred under this section or s. 19.545 which is not paid by the person against whom
7it is assessed.
AB843, s. 133 8Section 133. 19.535 of the statutes is created to read:
AB843,70,18 919.535 Direct enforcement. If the board refuses or otherwise fails to
10authorize an investigation under s. 19.49 (3) with respect to a violation of s. 19.45 (13)
11within 30 days after receiving a verified complaint alleging a violation of s. 19.45 (13),
12the person making the complaint may bring an action to recover the forfeiture under
13s. 19.53 (6) on his or her relation in the name, and on behalf, of the state. In such
14actions, the court may award actual and necessary costs of prosecution, including
15reasonable attorney fees, to the relator if he or she prevails, but any forfeiture
16recovered shall be paid to the state. If the court finds in any such action that the
17cause of action was frivolous as provided in s. 814.025, the court shall award costs
18and fees to the defendant under that section.
AB843, s. 134 19Section 134. 19.59 (1) (br) of the statutes is created to read:
AB843,71,420 19.59 (1) (br) No local public official holding an elective office may, directly or
21by means of an agent, give, or offer or promise to give, or withhold, or offer or promise
22to withhold, his or her vote or influence, or promise to take or refrain from taking
23official action with respect to any proposed or pending matter in consideration of, or
24upon condition that, any other person make or refrain from making a political
25contribution, or provide or refrain from providing any service or other thing of value,

1to or for the benefit of a candidate, a political party, any other person who is subject
2to a registration requirement under s. 11.05, or any person who makes an
3independent expenditure for the purpose of making a communication that contains
4a reference to a candidate for local public office.
AB843, s. 135 5Section 135. 19.59 (7) of the statutes is renumbered 19.59 (7) (a) and amended
6to read:
AB843,71,117 19.59 (7) (a) 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 the accused has
9violated sub. (1) (br), the court may, in addition, order the accused to forfeit an
10amount equal to the amount or value of any political contribution, service, or other
11thing of value that was wrongfully obtained
.
AB843, s. 136 12Section 136. 19.59 (7) (b) of the statutes is created to read:
AB843,71,1813 19.59 (7) (b) Any person who violates sub. (1) may be required to forfeit not
14more than $1,000 for each violation, and, if the court determines that a local public
15official has violated sub. (1) (br) and no political contribution, service, or other thing
16of value was obtained, the court may, in addition, order the accused to forfeit an
17amount equal to the maximum contribution authorized under s. 11.26 (1) for the
18office held or sought by the official, whichever amount is greater.
AB843, s. 137 19Section 137. 19.59 (8) (c) of the statutes is amended to read:
AB843,71,2420 19.59 (8) (c) If the district attorney fails to commence an action to enforce sub.
21(1) (a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if the
22district attorney refuses to commence such an action, the person making the
23complaint may petition the attorney general to act upon the complaint. The attorney
24general may then bring an action under par. (a) or (b), or both.
AB843, s. 138 25Section 138. 19.59 (8) (cm) and (cn) of the statutes are created to read:
AB843,72,5
119.59 (8) (cm) No complaint alleging a violation of sub. (1) (br) may be filed
2during the period beginning 120 days before a general or spring election, or during
3the period commencing on the date of the order of a special election under s. 8.50, and
4ending on the date of that election, against a candidate who files a declaration of
5candidacy to have his or her name appear on the ballot at that election.
AB843,72,146 (cn) If the district attorney refuses or otherwise fails to commence an action to
7enforce sub. (1) (br) within 30 days after receiving a verified complaint alleging a
8violation of sub. (1) (br), the person making the complaint may bring an action to
9recover the forfeiture under sub. (7) on his of her relation in the name, and on behalf,
10of the state. In such actions, the court may award actual and necessary costs of
11prosecution, including reasonable attorney fees, to the relator if her or she prevails,
12but any forfeiture recovered shall be paid to the state. If the court finds in any such
13action that the cause of action was frivolous as provided in s. 814.025, the court shall
14award costs and fees to the defendant under that section.
AB843, s. 139 15Section 139. 25.42 of the statutes is amended to read:
AB843,72,22 1625.42 Wisconsin election campaign fund. All moneys appropriated under
17s. 20.855 (4) (b) together with all moneys deposited under ss. 8.35 (4) (a), 11.07 (5),
1811.12 (2), 11.16 (2), 11.19 (1), 11.23 (2), and 11.38 (6), all moneys
reverting to the state
19under s. 11.50 (8) and all gifts, bequests and devises received under s. 11.50 (13)
20constitute the Wisconsin election campaign fund, to be expended for the purposes of
21s. 11.50. All moneys in the fund not disbursed by the state treasurer shall continue
22to accumulate indefinitely.
AB843, s. 140 23Section 140. 71.07 (6s) of the statutes is created to read:
AB843,72,2424 71.07 (6s) Campaign fund tax credit. (a) Definitions. In this subsection:
AB843,72,2525 1. "Claimant" means an individual who makes a designation.
AB843,73,1
12. "Designation" means an amount designated under s. 71.10 (3) (a).
AB843,73,52 (b) Filing claims. Subject to the limitations and conditions provided in this
3subsection, a claimant may claim as a credit against the tax imposed under s. 71.02,
4up to the amount of those taxes, for the taxable year to which the income tax return
5relates, an amount equal to the claimant's designation.
AB843,73,76 (c) Limitations and conditions. 1. No credit may be allowed under this
7subsection unless it is claimed within the time period under s. 71.75 (2).
AB843,73,98 2. Part-year residents and nonresidents of this state are not eligible for the
9credit under this subsection.
AB843,73,1110 3. If both spouses of a married couple meet the definition of claimant under par.
11(a) 1., each spouse may claim the credit under this subsection.
AB843,73,1312 (d) Administration. Subsection (9e) (d), to the extent that it applies to the credit
13under that subsection, applies to the credit under this subsection.
AB843, s. 141 14Section 141. 71.10 (3) (a) of the statutes is amended to read:
AB843,74,215 71.10 (3) (a) Every individual filing an income tax return who has a tax liability
16or is entitled to a tax refund may designate $1 up to $5 for transfer to the Wisconsin
17election campaign fund for the use of eligible candidates under s. 11.50. If the
18individuals filing a joint return have a tax liability or are entitled to a tax refund,
19each individual may make a designation of $1 up to $5 under this subsection. Each
20individual making a designation shall indicate whether the amount designated by
21that individual shall be placed in the general account for the use of all eligible
22candidates for state office, or in the account of an eligible political party whose name
23is certified to the secretary of revenue under s. 11.50 (14). If an individual does not
24indicate that the amount of his or her designation shall be placed in the account of

1a particular eligible political party, that amount shall be placed in the general
2account.
AB843, s. 142 3Section 142. 71.10 (3) (b) of the statutes is amended to read:
AB843,74,164 71.10 (3) (b) The secretary of revenue shall provide a place for those
5designations under par. (a) on the face of the individual income tax return and shall
6provide next to that place a statement that a designation will not increase tax
7liability, and that the amount of a designation may be claimed as a credit under s.
871.07 (6s)
. Annually on August 15, the secretary of revenue shall certify to the
9elections board, the department of administration and the state treasurer under s.
1011.50
the total amount of designations made on returns processed by the department
11of revenue
during the preceding fiscal year and the amount of designations made
12during that fiscal year for the general account and for the account of each eligible
13political party
. If any individual designates an amount greater than the amount
14authorized under par. (a) or
attempts to place any condition or restriction upon a
15designation not authorized under par. (a), that individual is deemed not to have made
16a designation on his or her tax return.
AB843, s. 143 17Section 143. 71.10 (4) (cs) of the statutes is created to read:
AB843,74,1818 71.10 (4) (cs) The campaign fund tax credit under s. 71.07 (6s).
AB843, s. 144 19Section 144. 227.03 (6m) of the statutes is created to read:
AB843,74,2120 227.03 (6m) Cases before the executive director of the elections board under
21s. 5.066 are not subject to ss. 227.42 and 227.44 to 227.50.
AB843, s. 145 22Section 145. 227.52 (8) of the statutes is created to read:
AB843,74,2423 227.52 (8) The decisions of the executive director of the elections board under
24s. 5.066.
AB843, s. 146 25Section 146. Nonstatutory provisions.
AB843,75,4
1(1) Wisconsin election campaign fund balance transfer. The balance in the
2Wisconsin election campaign fund on the effective date of this subsection is credited
3to the general account of the Wisconsin election campaign fund established under
4section 11.50 (2w) of the statutes, as created by this act.
AB843,75,55 (2) Rules for public access channels and public television stations.
AB843,75,146 (a) Using the procedure under section 227.24 of the statutes, the elections
7board may promulgate the rules required under section 11.21 (17) of the statutes, as
8created by this act, for the period before the effective date of the permanent rules, but
9not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes.
10Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the elections
11board is not required to provide evidence that promulgating rules under this
12paragraph as emergency rules is necessary for the preservation of the public peace,
13health, safety, or welfare and is not required to provide a finding of emergency for any
14rule promulgated under this paragraph.
AB843,75,1815 (b) The elections board shall submit in proposed form the rules required under
16section 11.21 (17) of the statutes, as created by this act, to the legislative council staff
17under section 227.15 (1) of the statutes no later than the first day of the 10th month
18beginning after the effective date of this paragraph.
AB843, s. 147 19Section 147. Initial applicability.
AB843,75,2220 (1) Nonresident registrant reporting. The treatment of sections 11.06 (1)
21(intro.) and (3) (b) (intro.) and 11.12 (4) of the statutes first applies with respect to
22reporting periods which begin on or after the effective date of this subsection.
AB843,76,223 (2) Contributions transferred by conduits. The treatment of section 11.06 (1)
24(dm) and (11) (bm) of the statutes first applies to reporting periods for continuing

1reports under section 11.20 (4) of the statutes that begin on the effective date of this
2subsection.
AB843,76,53 (3) Cost of living adjustments. (a) The treatment of sections 11.26 (10a) and
411.31 (9) of the statutes first applies to adjustments for the 4-year period beginning
5on January 1, 2006.
AB843,76,86 (4) Campaign fund tax credit. The treatment of sections 71.07 (6s) and 71.10
7(3) (a) and (b) and (4) (cs) of the statutes first applies to the taxable year beginning
8on January 1, 2002.
AB843,76,99 (End)
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