Currently, any individual who accepts contributions, makes disbursements, or
incurs obligations, and any group that makes or accepts contributions, makes
disbursements, or incurs obligations, in connection with one or more referenda
exceeding $25 cumulatively within a calendar year is potentially subject to
requirements to register with the appropriate filing officer and to file campaign
finance reports.
This bill provides instead that the individual or group is potentially subject to
registration and reporting requirements only if contributions, disbursements, or
obligations exceed $100 cumulatively within a calendar year.
Reporting by nonresident registrants
Currently, with certain exceptions, registrants under the campaign finance law
are required to file regular reports with the appropriate filing officer or agency. The
reports must identify contributors of more than $20 cumulatively within a calendar
year; the occupation and principal place of employment, if any, of each contributor
whose cumulative contributions within a calendar year exceed $100; the registrants
from whom or to whom funds are transferred; other income exceeding $20;
contributions donated to a charitable organization or the common school fund; loans
exceeding $20, together with the identity of the lenders and guarantors, if any;
disbursements (expenditures) and obligations exceeding $20; and certain
information from registrants making disbursements independently of candidates.
However, if a registrant does not maintain an office or street address within this
state, the registrant need only identify contributions, transfers, loans, and other
income received from sources in this state and disbursements and obligations
incurred with respect to elections for state or local office in this state.
This bill deletes the exception for registrants who or which do not maintain an
office or street address within this state, so that these registrants are required to
report the same information as other registrants. The bill does not affect reporting
by authorized committees of candidates for the office of U.S. senator or
representative in congress, national political party committees, and federally
registered committees of state political parties that make no contributions to
individuals or committees that are subject to a state registration requirement.
Reporting of contributions transferred by conduits
Currently, if an individual or organization receives a political contribution
consisting of money and transfers the contribution to another individual or
organization without exercising discretion as to the amount to be transferred and the
individual to whom or the organization to which the transfer is to be made, the
contribution is considered to be made by the original contributor for purposes of
reporting by the ultimate recipient. The contribution is also treated as an individual
contribution for purposes of determining contribution limitations and qualifying
contributions for public grants. The individual or organization making the transfer
is called a "conduit" under the law. A conduit must identify itself to the ultimate
recipient as a conduit and provide to that recipient the information about the
contribution which is necessary for the recipient to file its campaign finance reports.
This bill directs the elections board to provide a separate schedule that must
be filed by each registrant to which contributions are transferred by a conduit. The
schedule includes the name and address of the conduit, the date and amount of each
transfer, and the total amount transferred to the registrant by the conduit for the
calendar year.
Duplicate filing requirements
Currently, certain registrants whose filing officer is the elections board and who
or which make disbursements in connection with elections affecting only one county
or a portion thereof must file duplicate originals of their campaign finance reports
with the county clerk or board of election commissioners of every county in which
such elections are held. This bill requires, instead, that these registrants file
duplicate originals of these reports with the filing officer of each jurisdiction in which
such elections are held.
Disbursement levels and limitations
Under current law, disbursement (expenditure) levels are specified for
candidates for various state and local offices. These levels become a binding
limitation upon any candidate for state office who accepts a state grant from the
Wisconsin election campaign fund or who agrees to be bound by the limitation, unless
the candidate is opposed by a major opponent who could have qualified for a grant
but declines to accept one.
This bill:
1. Revises the current disbursement levels and limitations applicable to
candidates for the offices shown below as follows:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
2. Creates a quadrennial cost-of-living adjustment that causes the statutory
disbursement levels to be adjusted every 4 years, beginning in 2006, in accordance
with a formula tied to the "consumer price index" determined by the U.S. department
of labor.
Contribution limitations
Individual contributions
Current law limits the amount of contributions that may be given to and
accepted by a candidate for state or local office. Currently, individuals are subject
to limitations on the amount of contributions made cumulatively to a particular
candidate and on the aggregate total amount of contributions made to all candidates.
This bill:
1. Revises the current limitations on contributions that individuals may make
to candidates for certain state offices. Under the bill, with certain exceptions,
candidates who voluntarily agree to abide by the disbursement limitations and
self-contribution limitations may receive higher amounts of contributions from
individuals. The proposed limitations on these contributions are shown in the
following chart:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
2. Creates a cost-of-living adjustment that causes the statutory limits on
individual contributions to be adjusted quadrennially, beginning in 2006, in
accordance with a formula tied to the "consumer price index" determined by the U.S.
department of labor.
Committee contributions
Under current law, committees other than political party committees and
legislative campaign committees are subject to limitations on the amount of
contributions made cumulatively to a particular candidate. In the case of
committees making contributions to candidates for statewide offices, this limitation
is 4% of the candidate's disbursement level or limitation. This bill replaces this
percentage limitation with a dollar amount which represents a change in the amount
of the limitation, and changes the current limitations upon contributions to
legislative candidates as follows:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
Current law also limits the cumulative amount of contributions that a
committee other than a political party or legislative campaign committee may make
annually to a particular political party, limits the cumulative amount of
contributions that a political party may accept annually from a particular committee
other than a political party or legislative campaign committee, and its subunits or
affiliates, and limits the aggregate total of contributions that a political party may
accept during any biennium from all committees other than political party and
legislative campaign committees. Currently, a committee other than a political party
or legislative campaign committee may annually contribute up to $6,000 to a
particular political party, a political party or a legislative campaign committee may
annually accept up to $6,000 from a particular committee other than a political party
or legislative campaign committee, and its subunits and affiliates, and a political
party or legislative campaign committee may accept up to $150,000 in contributions
from all committees other than a political party or legislative campaign committee
during any biennium.
This bill increases these contribution limits. Under the bill, a political party
may receive up to $450,000 in contributions from all committees, other then political
party committees. In addition, a political party may annually accept up to $18,000
from any particular committee, other than a political party committee. The bill also
authorizes such a committee to make contributions up to that authorized amount.
In addition, the bill creates a cost-of-living adjustment that causes the
statutory limits on committee contributions to be adjusted quadrennially, beginning
in 2006, in accordance with a formula tied to the "consumer price index" determined
by the U.S. department of labor.
Treatment of legislative campaign committees
Currently, the adherents of any political party in either house of the legislature
may organize a "legislative campaign committee" to support the candidacy of
members of their party for legislative office. Committees other than legislative
campaign committees and political party committees are generally subject to a
limitation upon the contributions that they may make to candidates for legislative
office or to political parties. Legislative campaign committees are subject only to
overall limitations on the aggregate contributions that may be accepted by a
candidate from entities other than individuals.
This bill eliminates the special treatment of legislative campaign committees
under the statutes, thus causing them to be treated in the same manner as other
special interest committees for the purpose of contribution limitations. The bill does
not preclude a committee from utilizing any name it wishes.
Exemption from disbursement and certain contribution limitations
Currently, if a candidate for a state office accepts a grant and has an opponent
who also could have qualified to receive a grant but declines to accept one, the
candidate is not bound by his or her disbursement or self-contribution limitation.
However, if each opponent who declines to accept a grant files with the elections
board an affidavit of voluntary compliance with the disbursement and
self-contribution limitation applicable to candidates for the office that the candidate
seeks, the disbursement and self-contribution limitation for the candidate who
accepts a grant continues to apply. Currently, a candidate for state or local office may
not accept contributions from all committees, together with grants from the
Wisconsin election campaign fund, in an aggregate amount exceeding 65% of the
candidate's applicable disbursement level or limit. In addition, such a candidate may
not accept contributions from all committees, together with grants from the
Wisconsin election campaign fund, but not including contributions from political
party committees, in an aggregate amount exceeding 45% of the applicable
disbursement level or limit.
Under this bill, if a candidate for state office accepts a grant from the Wisconsin
election campaign fund or if a candidate for state office other than court of appeals
judge, circuit judge, or district attorney files an affidavit of voluntary compliance
with disbursement and self-contribution limitations, and if an expenditure
independently of a candidate for a reportable mass communication is made in
opposition to his or her candidacy or in support of his or her opponent, (an
expenditure to finance what is commonly referred to as "issue advocacy") then the
candidate may make additional disbursements in that campaign exceeding the
applicable disbursement limitation, in an amount equivalent to the amount of the
expenditure. In addition the limitations upon contributions made by individuals to
the candidate (as affected by the bill) are doubled. Furthermore, subject to certain
limits, any contributions received by the candidate for purposes of responding to the
expenditure, up to the amount of the expenditure, are not subject to the the
percentage limitations on the aggregate total of contributions received from
committees and grants from the Wisconsin election campaign fund. The bill requires
each candidate who desires to respond to such an expenditure to include, in each
required campaign finance report, an itemization of any such contributions.
However, the bill prohibits a candidate from accepting contributions totaling more
than 200% of the percentage limitations on the aggregate total of contributions
received from committees and grants from the Wisconsin election campaign fund.
Under the bill, applicable limitations on contributions from particular committees,
other than political party committees, continue to apply to the candidate.
The bill also provides that if a candidate for state office who accepts a grant from
the Wisconsin election campaign fund or a candidate for state office other than court
of appeals judge, circuit judge, or district attorney who has filed an affidavit of
voluntary compliance with disbursement and self-contribution limitations
determines that an opposing candidate who has not applied for a grant and who has
not filed an affidavit has made disbursements exceeding the amount of the
disbursement limitation applicable to candidates for that office, then all candidates
for that office may make additional contributions to their own campaigns exceeding
the self-contribution limitation applicable to candidates for that office and may
make additional disbursements exceeding the disbursement limitation applicable to
candidates for that office in an amount equivalent to the lesser of the total
contributions made by the opposing candidate to his or her own campaign or the
amount by which total disbursements made by the opposing candidate exceed the
applicable disbursement limitation, as reported to the board by the opposing
candidate. In addition, limitations upon contributions made by individuals to those
candidates (as affected by the bill) are doubled. Furthermore, subject to certain
limits, any contributions received by the candidates for purposes of responding to the
excess disbursements, up to the amount of the excess disbursements, are not subject
to the the percentage limitations on the aggregate total of contributions received
from committees and grants from the Wisconsin election campaign fund. The bill
requires candidates who desire to respond to such disbursements to include, in each
required campaign finance report, an itemization of any such contributions.
However, the bill prohibits the candidates from accepting contributions totaling
more than 200% of the percentage limitations on the aggregate total of contributions
received from committees and grants from the Wisconsin election campaign fund.
Under the bill, applicable limitations on contributions from particular committees,
other than political party committees, continue to apply to all candidates.
Contribution restrictions
Personal campaign committee contributions to certain federal registrants
Currently, a committee that is subject to a registration requirement under state
law may make a contribution to be used in connection with a campaign for national
office if that contribution is lawful under federal law. This bill prohibits a personal
campaign committee of a candidate for state or local office in this state from making
a contribution to a committee that is registered with the federal election commission,
other than an authorized committee of a candidate for national office or a national
or state political party committee.
Contributions made in connection with certain fund-raising events
This bill provides that no member of the legislature or personal campaign
committee of a member may make or receive any contribution in connection with a
fund-raising social event held in Dane County during a legislative floorperiod or a
special or extraordinary session if the event is held to benefit a member or member's
personal campaign committee. The prohibition does not apply if an event is held
between the first day authorized for filing nomination papers for an office for which
a member is a candidate and the date of the election for that office, if the event is held
within the jurisdiction or district served by the office for which the member is a
candidate or if the member is a candidate for an office other than member of the
house in which the member serves. The prohibition is also inapplicable to an event
that is held during a special or extraordinary session by a member or his or her
personal campaign committee if the member serves a district that is at least partly
contained within Dane County, the event is held within the boundaries of that
district, and invitations to the event are sent before the special or extraordinary
session is called.
Violators of the prohibition are subject to a forfeiture (civil penalty) of not more
than $500 for each violation. Intentional violators are guilty of a misdemeanor and
are subject to a fine of not more than $1,000 or imprisonment for not more than six
months, or both.
Currently, there is no such prohibition.
Transfer of campaign surpluses for use in campaigns for different offices
This bill prohibits any authorized campaign committee of a candidate for
national office from making a contribution or disbursement with respect to an
election for state or local office. Currently, such contributions or disbursements may
be permitted if the committee registers and makes certain disclosures under state
law.
Wisconsin election campaign fund
Sources and uses of funds
Under current law, the Wisconsin election campaign fund is financed through
an individual income tax "checkoff." Every individual filing a state income tax return
who has a tax liability or is entitled to a tax refund may direct that $1 of general
purpose revenue be transferred to the fund. Individuals filing a joint return may
separately choose whether to direct that the $1 transfer be made. All moneys
transferred to the fund are placed in accounts for specified state offices, and
candidates for those offices may qualify for grants from the fund to be used for
specified campaign expenses.
This bill deletes the current checkoff for the Wisconsin election campaign fund
but permits an individual to pay an additional amount not exceeding $5 to be
transferred to the fund, effective for tax returns filed for taxable years beginning on
or after January 1 following the day on which the bill becomes law. Under the bill,
individuals filing a joint return may separately choose whether to make an
additional payment. The bill permits an individual to claim a credit against his or
her individual income tax liability for the amount of the additional payment.
Individuals filing a joint return may claim a credit for their combined payments. The
bill also permits individuals to determine whether to designate their payments for
a "general account," which is potentially available for distribution to all candidates
who qualify for a grant, or for the account of an eligible political party, which is
distributed to all candidates representing that party who qualify for a grant. Under
the bill, for a candidate to qualify for a grant from the general account, the candidate
must receive at least 6% of the total vote cast for all candidates for the office that the
candidate seeks at the September primary or any partisan primary, as currently
provided. For a candidate to qualify for a grant from a political party account, a
candidate need not meet this requirement. If a candidate of an eligible political party
qualifies for a grant, that candidate receives any available moneys in the account of
his or her political party. Thereafter, all candidates receive any amounts available
from the general account, with those amounts first allocated to equalize grants
received by candidates for each office for which any candidate has received payments
from a political party account, and thereafter prorated within each office if
insufficient moneys are available to finance payment of the full amount of the grants
for which candidates qualify.
Grant eligibility requirements and amounts
Under current law, public financing from the Wisconsin election campaign fund
is available to eligible candidates for the offices of state senator, representative to the
assembly, governor, lieutenant governor, attorney general, state treasurer, secretary
of state, justice of the supreme court, and superintendent of public instruction. To
receive a grant, a candidate must file an application with the state elections board
no later than the deadline for filing nomination papers. Following the primary
election or the date on which a primary would be held, if required, the board
determines whether a candidate who applies is eligible for a grant. Among other
things, in order to be eligible for a grant, the candidate must receive, during a
specified time period, a specified amount of contributions from individuals of $100
or less. For a candidate for the office of governor, lieutenant governor, secretary of
state, state treasurer, attorney general, justice of the supreme court, or
superintendent of public instruction, the amount is 5% of the authorized
disbursement level for the office which the candidate seeks. For a candidate for the
office of state senator or representative to the assembly, the amount is 10% of the
authorized disbursement level for the office which the candidate seeks.
Under current law, a candidate for any office who accepts a grant must comply
with statutorily prescribed contribution and disbursement limitations, unless at
least one of the candidate's opponents who received at least 6% of the votes cast for
all candidates for that office at a partisan primary, if a primary was held, does not
accept a grant and does not voluntarily agree to comply with the contribution and
disbursement limitations for that office.
Currently, the maximum grant that a candidate may receive from the
Wisconsin election campaign fund is that amount which, when added to all other
contributions accepted from sources other than individuals, political party
committees, and legislative campaign committees, is equal to 45% of the authorized
disbursement level for the office that the candidate seeks, if there are sufficient
moneys in the fund to finance the full amount of grants for which candidates qualify.
In each year prior to a year in which an election for the office of justice of the supreme
court is scheduled, 8% of the moneys designated by taxpayers to be transferred to the
fund for that year is set aside to finance payment of grants to candidates for the office
of justice. In each year prior to a year in which an election for the office of state
superintendent of public instruction is scheduled, 8% of the moneys designated by
taxpayers to be transferred to the fund for that year is set aside to finance payment
of grants to candidates for the office of superintendent. Whether these amounts are
sufficient to finance payment of the full amounts for which candidates qualify
depends upon the total amount of taxpayer designations for that year.
This bill:
1. Increases the maximum potential grant payable to a candidate for the office
of justice of the supreme court to 65% of the authorized disbursement level for that
office.
2. Provides that if a candidate has a balance in his or her campaign depository
account that exceeds 50% of the authorized disbursement level for the office that the
candidate seeks at the time that grant payments are made, the amount of the grant
payable to that candidate is 50% of the amount that would otherwise be payable.
3. Provides that if a candidate does not have an opponent whose application for
a grant is approved by the board, the amount of the grant payable to that candidate
is 50% of the amount that would otherwise be payable, unless the grant has already
been reduced as a result of the balance in the candidate's campaign depository
account.
4. Provides that in each year prior to a year in which an election for the office
of justice of the supreme court is scheduled, an amount must be set aside from
taxpayer donations to the general account sufficient to finance payment of the full
amount of grants for which candidates for the office of justice qualify, and in each
year prior to a year in which an election for the office of state superintendent of public
instruction is scheduled, an amount must be set aside from taxpayer donations to the
general account, after any set aside for the office of justice is made, sufficient to
finance the full amount of grants for which candidates for the office of
superintendent qualify. These amounts must be set aside before amounts are made
available from the general account to finance the payment of grants to candidates
for any other offices. Under the bill, if the balance in the fund is insufficient to set
aside the required amounts, the entire balance in the fund is set aside.
5. Provides that a candidate for the office of state senator or representative to
the assembly must receive contributions equal to only 7% of the authorized
disbursement level for the office which the candidate seeks in order to qualify for a
grant. The bill also provides that the contributions of $100 or less from individuals
used by a candidate for any state office to determine eligibility for a grant must be
made by individuals who reside in this state and, in the case of a candidate for
legislative office, by individuals at least 50% of whom reside in a county having
territory within the district in which the candidate seeks office.
Disposition of residual or excess funds
Under current law, residual funds remaining when a person who is required to
register under the campaign financing law disbands or ceases incurring obligations,
making disbursements, or accepting contributions or excess funds received by a
registrant that may not be legally expended may generally be used for any lawful
political purpose, returned to the original contributors, or donated to a charitable
organization or the common school fund.
This bill allows residual or excess funds to be transferred to the Wisconsin
election campaign fund for deposit in the general account.
Enforcement
Enforcement and complaint procedure
Currently, any interested person may petition the elections board under the
state administrative procedure act for a "declaratory ruling" concerning the
applicability to any person, property, or facts of any election law or rule of the board.
The board may issue the ruling and is thereafter bound by its decision if the facts are
as stated in the petition. The declaratory ruling may be reviewed in court. In
addition, currently, any elector of a jurisdiction may contest before the elections
board the decision of any election official of that jurisdiction with respect to certain
specified matters or the board may, on its own motion, investigate and determine
whether an election official is acting in conformity with the law concerning one of
those specified matters. The decision of the board may be reviewed in court. Also,
the elections board currently may bring civil actions in circuit court to enforce the
campaign finance law. In addition, district attorneys may bring civil actions to
enforce that law.
This bill creates an additional procedure for enforcement of the election laws.
Under the bill, any person may file a sworn complaint with the executive director of
the board alleging a violation of the elections laws. The executive director must
investigate the complaint unless the executive director finds the complaint to be
without merit. The bill also permits the executive director to investigate any
violation of the election laws on his or her own initiative or upon direction of the
board. The executive director may order an election official or private person to act
in conformity with the election laws or rules of the board. The decision of the
executive director may be appealed to the board. In deciding the appeal, the board
is not bound by any findings of fact or conclusions of law made by the executive
director with respect to the matter. If the decision of the executive director is not
appealed or if the board does not modify or reverse a decision of the executive director
after hearing an appeal, the decision of the executive director becomes the decision
of the board. Any decision of the board is subject to judicial review in circuit court.
The procedure does not apply to any alleged violation of the election laws by the board
or executive director, nor to any matter arising in connection with a recount. The bill
also directs the elections board to periodically examine and review decisions issued
under the procedure with a view to clarifying and improving the administration of
the election laws.
Injunctive relief
Currently, the elections board or any elector may sue for injunctive relief (a
court order) requiring compliance with the elections laws. Before bringing a suit
concerning a state office or statewide referendum, an elector must file a sworn
complaint with the board alleging such facts as are within his or her knowledge to
show probable cause that a violation has occurred or is proposed to occur. If the board
does not sue for injunctive relief within ten days after filing the complaint, the elector
may then file suit. This bill requires, instead, that an elector who proposes to bring
suit for injunctive relief with respect to an alleged violation concerning an election
for state office or a statewide referendum first must file a sworn complaint with the
executive director of the board (unless the alleged violation relates to the board or
executive director). If the executive director does not order the relief sought by the
elector within ten days after the complaint is filed and the elector does not appeal the
matter to the board or the board, after hearing the elector's appeal, does not order
the relief sought by the elector, the elector may then sue for injunctive relief.
Penalties for violations
Currently, any person who violates any provision of the campaign finance law,
except a contribution prohibition, is subject to a forfeiture (civil penalty) of not more
than $500 for each violation. This bill increases this amount to $1,500. In addition,
currently, any person who is delinquent in filing a report is subject to a forfeiture of
not more than $50 or 1% of the annual salary of the office for which a candidate is
being supported or opposed, whichever is greater, for each day of delinquency. This
bill increases these amounts to a maximum of $150 or 3% of the annual salary,
whichever is greater.
Currently, whoever intentionally violates certain provisions of the campaign
finance law, such as registration requirements, contribution limitations, the
prohibition against making contributions in the name of another person, the
prohibition against using contributions for most nonpolitical purposes, and the
prohibition against filing false reports and statements may be fined not more than
$1,000 or imprisoned for not more than six months, or both, if the violation does not
exceed $100 in amount or value, and may be fined not more than $10,000 or
imprisoned for not more than four years and six months, or both, if the violation
exceeds $100 in amount or value. This bill increases these amounts to a maximum
fine of $3,000 or imprisonment for not more than one year, or both, if the violation
does not exceed $100 in amount or value, and a maximum fine of $30,000 or
imprisonment for not more than nine years, or both, if the violation exceeds $100 in
amount or value.
Public broadcasting television stations and public access channels
This bill requires free time on public broadcasting television stations and public
access channels for candidates for state office. Under current law, the Federal
Communications Commission grants licenses for the operation of public
broadcasting television stations. Also under current law, a city, village, or town is
authorized to grant a franchise to a person that allows that person to operate a cable
television system in the city, village, or town. Under the franchise, the person may
be required to provide cable television channels that the city, village, or town may use
for public, educational, or governmental purposes. A channel that is used exclusively
for public, rather than educational or governmental purposes, is commonly referred
to as a public access channel. A city, village, or town may operate a public access
channel, or a city, village, or town may allow another person to operate the channel.
This bill requires the elections board to promulgate rules that require licensees
of public broadcasting stations and operators of public access channels to provide a
minimum amount of free time to candidates for state office at general, spring, and
special elections. The rules must require the same amount of time for each candidate
for a particular state office, but may require different amounts of time for different
offices.
Official action in return for providing or withholding things of value
Currently, no person may offer or give to a state public official, including a
member of the legislature, directly or indirectly, and no state public official may
solicit or accept from any person, directly or indirectly, anything of value if it could
reasonably be expected to influence the state public official's vote, official actions, or
judgment, or could reasonably be considered a reward for any official action or
inaction on the part of the state public official.
This bill provides, in addition, that no state or local public official holding an
elective office may, directly or by means of an agent, give, or offer or promise to give,
or withhold, or offer or promise to withhold, his or her vote or influence, or promise
to take or refrain from taking official action with respect to any proposed or pending
matter in consideration of or upon condition that any other person make or refrain
from making a political contribution, or provide or refrain from providing any service
or other thing of value, to or for the benefit of a candidate, a political party, any other
person who is subject to a registration requirement under the campaign finance law
or any person who makes an expenditure independently of a candidate for the
purpose of making certain communications containing a reference to a candidate for
state or local public office.
Violators are subject to a forfeiture (civil penalty) of not more than $5,000 for
each violation, and are also subject to a forfeiture in an amount equal to the amount
or value of any political contribution, service, or other thing of value that was
wrongfully obtained, or if no political contribution, service, or other thing of value
was obtained, an amount equal to the maximum contribution that an individual is
permitted to make a candidate for the office sought or held by the official, whichever
amount is greater. Intentional violators are guilty of a misdemeanor and are subject
to a fine of not less than $100 nor more than $5,000 or imprisonment in the county
jail for not more than one year or both.
The bill also provides that, if the ethics board refuses or otherwise fails to
authorize an investigation or a district attorney fails to initiate a prosecution with
respect to any violation of the prohibition created by the bill within 30 days after
receiving a verified complaint alleging such a violation, the person making the
complaint may bring a lawsuit to recover a forfeiture on behalf of the state. If the
person making the complaint prevails, the bill provides that the court may require
the defendant to pay the complainant's attorney fees and costs, but any forfeiture
recovered must be paid to the state. If the court finds that a lawsuit was frivolous,
the court must award fees and costs to the defendant. The bill provides that no
complaint alleging a violation of the prohibition created by the bill may be filed
during the period beginning 120 days before a general or spring election or the date
that a special election is ordered and ending on the date of that election against a
candidate who files a declaration of candidacy to have his or her name appear on the
ballot at that election.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB843, s. 1
1Section
1. 5.02 (13) of the statutes is amended to read:
AB843,17,32
5.02
(13) "Political party" or "party" means a state committee registered under
3s. 11.05
and organized exclusively for political purposes under whose name
4candidates appear on a ballot at any election, and all county, congressional,
1legislative, local
, and other affiliated committees authorized to operate under the
2same name. For purposes of ch. 11, the term does not include
a legislative campaign
3committee or a committee filing an oath under s. 11.06 (7).
AB843, s. 2
4Section
2. 5.05 (1) (e) of the statutes is amended to read:
AB843,17,145
5.05
(1) (e) Delegate to its executive director the authority to issue a subpoena
6under par. (b), apply for a search warrant under par. (b), commence an action under
7par. (d), intervene in an action or proceeding under sub. (9), issue an order under s.
85.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a),
9exempt a municipality from the requirement to use voting machines or an electronic
10voting system under s. 5.40 (5m), approve an electronic data recording system for
11maintaining poll lists under s. 6.79,
or authorize nonappointment of an individual
12who is nominated to serve as an election official under s. 7.30 (4) (e),
or make a
13determination under s. 11.065 (3), subject to such limitations as the board deems
14appropriate.
AB843, s. 3
15Section
3. 5.066 of the statutes is created to read:
AB843,17,16
165.066 Complaints and decision-making procedure. (1) In this section:
AB843,17,1917
(a) "Election official" includes any board of election commissioners under s. 7.20
18or governing body of a local governmental unit that has the responsibility to
19administer the election laws.
AB843,17,2020
(b) "Local governmental unit" has the meaning given under s. 16.97 (7).
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(c) "Working day" has the meaning given in s. 227.01 (14).