SB104, s. 90
18Section
90. 11.50 (9) (bc) of the statutes is created to read:
SB104,43,219
11.50
(9) (bc) If any eligible candidate who accepts a grant is opposed by one
20or more candidates in a general or special election whose names are certified under
21s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot, and if a committee identified in
22s. 11.05 (3) (c), other than a conduit, intends to make or makes one or more
23contributions to the certified opposing candidate and the contributions are required
24to be reported by the committee under s. 11.12 (6) (e), then the board shall make an
25additional grant to the eligible candidate who accepts a grant in an amount equal to
1the amount or value of contributions intended to be made or made to the opposing
2candidate or candidates, as reported by the committee under s. 11.12 (6) (e).
SB104, s. 91
3Section
91. 11.50 (9a) of the statutes is created to read:
SB104,43,74
11.50
(9a) Adjustment of qualifying and grant amounts. (a) In this
5subsection, "consumer price index" means the average of the consumer price index
6over each 12-month period, all items, U.S. city average, as determined by the bureau
7of labor statistics of the federal department of labor.
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(b) The dollar amounts of all qualifying amounts specified in sub. (2) (b) 5. and
9all grant amounts specified in sub. (9) shall be subject to a biennial adjustment to be
10determined by rule of the board in accordance with this subsection. To determine the
11adjustment, the board shall calculate the percentage difference between the
12consumer price index for the 12-month period ending on December 31 of each
13odd-numbered year and the consumer price index for calendar year 2003. For each
14biennium, the board shall multiply each qualifying amount and grant amount by the
15percentage difference in the consumer price indices. The board shall adjust each
16qualifying amount and grant amount to substitute that result for the existing
17amount to the extent required to reflect any difference, rounded to the nearest
18multiple of $25. The amounts so determined shall then be in effect until a subsequent
19rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b),
20and (3), determinations under this subsection may be promulgated as an emergency
21rule under s. 227.24 without providing evidence that the emergency rule is necessary
22for the public peace, health, safety, or welfare and without a finding of emergency.
SB104, s. 92
23Section
92. 11.50 (11) (e) of the statutes is amended to read:
SB104,44,224
11.50
(11) (e) No candidate may expend, authorize the expenditure of or incur
25any obligation to expend any grant if he or she violates the pledge required under
1sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h)
2or (i).
SB104, s. 93
3Section
93. 11.60 (3s) and (3t) of the statutes are created to read:
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11.60
(3s) Notwithstanding sub. (1), if any candidate or other individual or
5committee, including a conduit, accepts or transfers a contribution, makes a
6disbursement, or incurs an obligation to make a disbursement for the purpose of
7supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (d), (e),
8or (f) or for a purpose specified in s. 11.01 (16) (a) 3. without first registering under
9s. 11.05 (1), (2), or (2g) to the extent required under s. 11.05 (1), (2), and (2g), or
10without reporting the information required under s. 11.12 (6) (b), (c), or (e) or (7) or
1111.20 (3) or (4) with respect to that contribution, disbursement, or obligation, to the
12extent required under ss. 11.12 (6) (b), (c), and (e) and (7) and 11.20 (3) and (4), the
13candidate or other individual or committee may be required to forfeit not more than
14$500 per day for each day of continued violation.
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15(3t) Notwithstanding sub. (1), if any candidate or other individual or
16committee, including a conduit, accepts or transfers one or more contributions,
17makes one or more disbursements, or incurs one or more obligations to make
18disbursements for the purpose of supporting or opposing a candidate for an office
19specified in s. 11.31 (1) (a) to (d), (e), or (f) or for a purpose specified in s. 11.01 (16)
20(a) 3. in an amount or value that differs from the amount reported by that individual
21or committee under s. 11.12 (6) (b), (c), or (e) or (7) or 11.20 (3) or (4):
SB104,44,2422
(a) By more than 5% but not more than 10% cumulatively, the candidate or
23other individual or committee shall forfeit 4 times the amount or value of the
24difference.
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1(b) By more than 10% but not more than 15% cumulatively, the candidate or
2other individual or committee shall forfeit 6 times the amount or value of the
3difference.
SB104,45,54
(c) By more than 15% cumulatively, the candidate or other individual or
5committee shall forfeit 8 times the amount of the difference.
SB104, s. 94
6Section
94
. 11.61 (1) (a) of the statutes is amended to read:
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11.61
(1) (a)
Whoever Except as provided in par. (d), whoever intentionally
8violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or
911.24 (1) may be fined not more than $10,000 or imprisoned for not more than 4 years
10and 6 months or both.
SB104, s. 95
11Section
95
. 11.61 (1) (b) of the statutes is amended to read:
SB104,45,1612
11.61
(1) (b)
Whoever Except as provided in par. (d), whoever intentionally
13violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation
14does not involve a specific figure, or where the intentional violation concerns a figure
15which exceeds $100 in amount or value may be fined not more than $10,000 or
16imprisoned for not more than 4 years and 6 months or both.
SB104, s. 96
17Section
96. 11.61 (1) (c) of the statutes is amended to read:
SB104,45,2218
11.61
(1) (c)
Whoever Except as provided in par. (d), whoever intentionally
19violates any provision of this chapter other than those provided in par. (a) and
20whoever intentionally violates any provision under par. (b) where the intentional
21violation concerns a specific figure which does not exceed $100 in amount or value
22may be fined not more than $1,000 or imprisoned not more than 6 months or both.
SB104, s. 97
23Section
97
. 11.61 (1) (d) of the statutes is created to read:
SB104,46,824
11.61
(1) (d) Whoever, with intent to conceal or deceive, accepts or transfers a
25contribution, makes a disbursement, or incurs an obligation to make a disbursement
1for the purpose of supporting or opposing a candidate for an office specified in s. 11.31
2(1) (a) to (d), (e), or (f) or for a purpose specified in s. 11.01 (16) (a) 3. without first
3registering under s. 11.05 (1), (2), or (2g), to the extent required under s. 11.05 (1),
4(2), and (2g), or without reporting the information required under s. 11.12 (6) (b), (c),
5or (e) or (7) or 11.20 (3) or (4) with respect to that contribution, disbursement, or
6obligation, to the extent required under ss. 11.12 (6) (b), (c), and (e) and (7) and 11.20
7(3) and (4), may be fined not more than $10,000 or imprisoned for not more than 5
8years, or both.
SB104, s. 98
9Section
98. 11.62 of the statutes is created to read:
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1011.62 Nullification of election. (1) If one or more violations that are
11punishable under s. 11.60 (3t) (c) are of sufficient severity to have affected the result
12of an election, the board or the district attorney for any county where such a violation
13occurs, or any candidate who is adversely affected by the result of the election, may
14commence a civil action to obtain a judgment nullifying the election, vacating the
15office filled at the election, and ordering a special election to be held to fill the office
16vacated by the judgment.
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17(2) Notwithstanding s. 5.05 (1) (c), if a candidate is a party to an action
18commenced under this section, the action may not be compromised or settled without
19consent of the candidate. If an action under this section is commenced by the board
20or a district attorney and any unsuccessful candidate whose name appeared on the
21ballot at the election is not a party to the action, the board or district attorney shall
22provide at least 30 days' written notice to each such candidate of any intent of the
23board or district attorney to compromise and settle the action. Notwithstanding s.
245.05 (1) (c), during the 30-day period following service of notice, the board or district
25attorney shall not compromise and settle the action, and any candidate upon whom
1notice is served may intervene in the action. If any such candidate intervenes in the
2action within the 30-day period following service of notice, the board or district
3attorney shall not compromise or settle the action. If no nonconsenting candidate
4who is adversely affected by the result of the election is a party to the action and no
5such candidate intervenes in the action within the 30-day period following service
6of notice, the party commencing the action may compromise and settle the action.
SB104, s. 99
7Section
99. 14.58 (20) of the statutes is amended to read:
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14.58
(20) Election campaign Clean government fund. Make disbursements
9to each candidate certified under s. 7.08 (2) (c) or (cm) by the elections board as
10eligible to receive moneys from the
Wisconsin election campaign clean government 11fund.
SB104, s. 100
12Section
100. 20.510 (1) (q) of the statutes is amended to read:
SB104,47,1613
20.510
(1) (q)
Wisconsin election campaign Clean government fund. As a
14continuing appropriation, from the
Wisconsin election campaign clean government 15fund, the
moneys amounts determined under s. 11.50 to provide for payments to
16eligible candidates certified under s. 7.08 (2) (c)
and (cm).
SB104, s. 101
17Section
101. 20.855 (4) (b) of the statutes is repealed.
SB104, s. 102
18Section
102. 20.855 (4) (bb) of the statutes is created to read:
SB104,47,2319
20.855
(4) (bb)
Clean government fund supplement. A sum sufficient equal to
20the amounts required to make full payment of grants which candidates qualify to
21receive from the clean government fund, to be transferred from the general fund to
22the clean government fund no later than the time required to make payments of
23grants under s. 11.50 (5).
SB104, s. 103
24Section
103. 25.17 (1) (ys) of the statutes is amended to read:
SB104,47,2525
25.17
(1) (ys)
Wisconsin election campaign Clean government fund (s. 25.42);
SB104, s. 104
1Section
104. 25.42 of the statutes is amended to read:
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225.42 Wisconsin election campaign Clean government fund. All moneys
3appropriated under s. 20.855 (4)
(b) (bb) together with all moneys reverting to the
4state under s. 11.50 (8) and all gifts, bequests and devises received under s. 11.50 (13)
5constitute the
Wisconsin election campaign clean government fund, to be expended
6for the purposes of s. 11.50. All moneys in the fund not disbursed by the state
7treasurer shall continue to accumulate indefinitely.
SB104, s. 105
8Section
105. 71.10 (3) of the statutes is repealed.
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(1) Notwithstanding section 990.001 (11) of the statutes, if a court finds that
11any provision of this act is unconstitutional, the entire act is void.
SB104,48,1513
(1) The treatment of sections 11.12 (7) (d), 11.26 (10a), 11.31 (9), and 11.50 (9a)
14of the statutes first applies to adjustments for the biennium beginning on January
151, 2004.