Currently, a defendant in a criminal trial is tried in the county where the the
defendant's crime is alleged to have been committed, except that the defendant may
request the judge to move the trial to another county and the judge may grant the
request if the judge believes that an impartial trial cannot be had unless the trial is
moved. This substitute amendment provides that if the defendant in a criminal trial
for a violation of the elections, ethics, or lobbying regulation laws is a resident of this
state, the trial shall be held in circuit court for the county where the defendant
resides, subject to the current exception.
Currently, opinions of the Elections Board are open to public inspection, but
opinions of the Ethics Board, with limited exceptions, are closed to public inspection.
However, the Ethics Board publishes summaries of its opinions without divulging
information that could reveal the identity of the requester. This substitute
amendment makes all opinions issued by the Government Accountability Board
closed to public inspection, subject to the current exceptions for opinions issued by
the Ethics Board.
The substitute amendment provides for the substitute amendment to become
law on January 1, 2007, after which date the members of the Government
Accountability Board may be appointed and take office. However, the existing
Elections Board and Ethics Board continue in operation until June 1, 2007, subject
to appropriation of money for continued operation of the boards by other legislation.
Under the substitute amendment, the Government Accountability Board may not
exercise administrative or enforcement authority until June 1, 2007. The substitute
amendment also provides that the director of the Legislative Council Staff shall
serve as executive director of the Government Accountability Board, without
additional compensation, until the initial executive director of the Government
Accountability Board is appointed and qualified, and may exercise all of the
functions of the executive director of the Government Accountability Board, the
enforcement division, and the administrator of the enforcement division.
Currently, state boards may meet in closed session to discuss the investigation
of charges against specific persons. This substitute amendment provides specifically
that the Government Accountability Board may meet in closed session to deliberate
concerning any investigation under the board's jurisdiction.
Currently, for state employees, health insurance premiums are generally paid
two months prior to the time that the employees actually receive the coverage. A
state employee who terminates state employment or who takes a leave of absence
therefore receives paid health insurance coverage for at least two months after his
or her date of separation from employment. Currently, most of the premium cost for
state employee health care coverage the state pays.
This bill provides that any state employee who takes a leave of absence may not
receive during the leave of absence any health insurance coverage, the premiums of
which are paid in whole or in part by the state, if during any part of the leave of
absence the employee is a candidate for a partisan political office or a nonpartisan
state elected office or the employee is employed by a political party, candidate, or
political committee.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1188-ASA1,6,22
5.02
(1s) "Board" means the
elections government accountability board.
AB1188-ASA1,6,5
45.05 (title)
Elections Government accountability board; powers and
5duties.
AB1188-ASA1,7,27
5.05
(1) General authority. (intro.) The
elections government accountability 8board shall have the responsibility for the administration of chs. 5 to 12 and other
1laws relating to elections and election campaigns. Pursuant to such responsibility,
2the board may:
AB1188-ASA1,7,195
5.05
(1) (b) In the discharge of its duties and
upon after providing notice to
the 6any party
or parties being investigated who is the subject of an investigation,
7subpoena and bring before it any person
in the state and require the production of
8any papers, books
, or other records relevant to an investigation. A circuit court may
9by order permit the inspection
, and copying of the accounts and the depositor's and
10loan records at any financial institution
, as defined in s. 705.01 (3)
, doing business
11in the state to obtain evidence of any violation of ch. 11 upon showing by the board
12of probable cause to believe there is a violation and that such accounts and records
13may have a substantial relation to the violation. In the discharge of its duties, the
14board may cause the deposition of witnesses to be taken in the manner prescribed
15for taking depositions in civil actions in circuit court.
The board shall delegate to the
16enforcement division the power to issue subpoenas and to obtain search warrants
17under this paragraph on behalf of the board, subject to the procedures under s. 5.066
18(6). The delegation is supplemental to the board's exercise of direct authority under
19this paragraph.
AB1188-ASA1,8,1321
5.05
(1) (c) Bring civil
or criminal actions
to require forfeitures for any violation
22of
ch. 11 under s. 11.60. Forfeiture actions brought by the board may concern only
23violations with respect to reports or statements required by law to be filed with it,
24and other violations arising under elections for state office or statewide referenda 25chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. The board may compromise
1and settle any
civil action or potential action brought or authorized to be brought by
2it
under ch.11 which, in the opinion of the board, constitutes a minor violation, a
3violation caused by excusable neglect, or which for other good cause shown, should
4not in the public interest be prosecuted under such chapter. Notwithstanding s.
5778.06, an action or proposed action authorized under this paragraph may be settled
6for such sum as may be agreed between the parties. Any settlement made by the
7board shall be in such amount as to deprive the alleged violator of any benefit of his
8or her wrongdoing and may contain a penal component to serve as a deterrent to
9future violations. In settling actions or proposed actions, the board shall treat
10comparable situations in a comparable manner and shall assure that any settlement
11bears a reasonable relationship to the severity of the offense or alleged offense.
12Forfeiture actions brought by the board shall be brought in the circuit court for the
13county wherein the violation is alleged to occur.
AB1188-ASA1,8,1715
5.05
(1m) Executive director; legal counsel. The board shall employ an
16executive director outside the classified service and shall employ legal counsel to
17perform legal services outside the enforcement division.
AB1188-ASA1,8,2419
5.05
(2m) Enforcement division. (a) The enforcement division shall
20investigate and prosecute alleged violations of laws administered by the board
21pursuant to all statutes granting or assigning that authority or responsibility to the
22board. The enforcement division shall prosecute civil and criminal actions brought
23by the board and shall assist the district attorneys and the attorney general in
24prosecuting criminal actions referred to them by the division.
AB1188-ASA1,9,3
1(b) The board may refer any matter to the enforcement division for
2investigation. Any person may file a verified complaint with the enforcement
3division alleging a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19.
AB1188-ASA1,9,144
(c) 1. The board shall employ at least one full-time attorney and at least one
5full-time staff support individual within the enforcement division. The enforcement
6division may, with or without approval of the board, investigate or prosecute any civil
7or criminal violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 in the
8name of the board. The jurisdiction of the enforcement division is concurrent with
9the jurisdiction of the board, the district attorneys, and the attorney general to
10conduct investigations and enforce these laws. The enforcement division may
11request authorization of the board to obtain the assistance of special counsel to
12conduct investigations or to prosecute violations of these laws. The enforcement
13division may also request assistance from the department of justice to conduct
14investigations or to prosecute violations of these laws.
AB1188-ASA1,9,2515
2. Upon opening or concluding an investigation of any alleged violation of chs.
165 to 12, subch. III of ch. 13, or subch. III of ch. 19, the board shall notify the district
17attorney for the county wherein the violation is alleged to occur. Upon opening or
18concluding an investigation of any alleged violation of chs. 5 to 12, subch. III of ch.
1913, or subch. III of ch. 19, a district attorney shall notify the board. Upon request of
20the board or a district attorney, the board and district attorney shall each share
21information in their possession relating to any alleged violation of chs. 5 to 12, subch.
22III of ch. 13, or subch. III of ch. 19. If the board notifies the district attorney for any
23county that it has opened an investigation of a violation of chs. 5 to 12, subch. III of
24ch. 13, or subch. III of ch. 19 that is alleged to have occurred in that county, the district
25attorney shall suspend any investigation of the same alleged violation that the
1district attorney is conducting until the board notifies the district attorney that it has
2concluded its investigation and it will not prosecute the alleged violation or there
3elapse 30 days from the date of the board's notification that its investigation is
4concluded and the board does not commence a prosecution of the alleged violation.
AB1188-ASA1,10,135
3. The district attorney for any county may refer any matter concerning a
6possible civil or criminal violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of
7ch. 19 to the board. If the board determines not to commence a criminal prosecution
8with respect to a matter concerning an alleged criminal violation of chs. 5 to 12,
9subch. III of ch. 13, or subch. III of ch. 19 by an elective state official, as defined in
10s. 13.62 (6), or a state public official, as defined in s. 19.42 (14), that is referred to the
11board under this subdivision, the board shall, within 30 days of receipt of the referral,
12report to the district attorney in writing specifying the reasons why it has
13determined not to commence a criminal prosecution.
AB1188-ASA1,10,2114
4. If a district attorney opens an investigation of a possible criminal violation
15of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, the district attorney shall
16report to the board concerning the status of the investigation no later than the end
17of each consecutive 90-day period, beginning on the day that the investigation is
18opened and ending on the day that the investigation is concluded. Within 30 days
19after receiving a report under this subdivision, the board may direct the district
20attorney to close the investigation and the district attorney shall thereupon close the
21investigation.
AB1188-ASA1,11,422
5. Prior to commencing any criminal prosecution with respect to an alleged
23violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, a district attorney
24shall provide written notice to the board. If the board notifies the district attorney
25in writing that it will not commence a criminal prosecution with respect to that
1alleged violation or the board fails to commence a criminal prosecution with respect
2to that alleged violation within 30 days after receiving notice from the district
3attorney under this subdivision, the district attorney may commence a criminal
4prosecution with respect to that alleged violation.
AB1188-ASA1,11,125
6. If a district attorney commences a criminal prosecution for an alleged
6violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, the district attorney
7shall report to the board concerning the status of the prosecution no later than the
8end of each consecutive 180-day period, beginning on the day that the prosecution
9is commenced and ending on the day that the prosecution is concluded. Within 30
10days after receiving a report under this subdivision, the board may direct the district
11attorney to terminate the prosecution and the district attorney shall thereupon
12terminate the prosecution.
AB1188-ASA1,11,1713
7. If the board directs a district attorney to close an investigation of a person
14under subd. 4. or to terminate a prosecution of a person under subd. 6. with respect
15to an alleged violation of the law, the district attorney shall not open a new criminal
16investigation or commence a new criminal prosecution of the same person with
17respect to the same alleged violations of the law.
AB1188-ASA1,11,2418
8. Each individual who is retained by the board to act as an investigator shall
19make periodic reports to the board, as directed by the board, but in no case may the
20interval for reporting exceed 90 days. If the administrator of the enforcement
21division investigates any matter without retention of an investigator, the
22administrator shall make periodic reports to the board, as directed by the board, but
23in no case may the reporting interval exceed 90 days. If, after receiving a report, the
24board does not vote to terminate the investigation, the investigation is continued.
AB1188-ASA1,12,5
19. Upon employment of any individual to serve as special counsel for the
2enforcement division, the administrator of the enforcement division shall certify the
3maximum amount provided in the employment contract to the secretary of
4administration, and direct the department of administration to pay special counsel
5bills related to that case within the certified amount.
AB1188-ASA1,12,106
(e) The enforcement division is bound by applicable laws, rules, formal
7opinions, and actions of the board, except that the division may nonacquiesce in any
8formal opinion of the board by publishing a notice of nonacquiescence in the
9Wisconsin Administrative Register. Thereafter, the division is not bound by the
10formal opinion in which the division nonacquiesces.
AB1188-ASA1,12,1612
5.05
(3) (a) The board shall upon complaint by any person or on its own motion
13investigate violations of the elections laws and shall notify the district attorney of the
14proper county
, or the attorney general
or the governor where appropriate under s.
1511.60 (4) or 11.61 (2) of any facts within its knowledge or evidence in its possession
16which may be grounds for civil action or criminal prosecution.
AB1188-ASA1,12,1918
5.05
(3m) Chief election officer. The board shall designate an employee of
19the board to serve as the chief election officer of this state.
AB1188-ASA1, s. 12
21Section
12. 5.05 (5s) (title) and (d) of the statutes are created to read:
AB1188-ASA1,12,2222
5.05
(5s) (title)
Access to records.
AB1188-ASA1,12,2423
(d) All records of votes taken upon actions by the board are open to public
24inspection and copying under s. 19.35.
AB1188-ASA1,13,6
35.052 Government accountability candidate committee. (1) The
4government accountability candidate committee shall organize whenever a vacancy
5occurs in the membership of the board that requires a nomination to be submitted
6to the governor under s. 15.60 (2).
AB1188-ASA1,13,8
7(2) No person may be nominated by the committee unless the person receives
8the unanimous approval of the committee.
AB1188-ASA1,13,10
9(3) Except as provided in sub. (4), the committee shall submit the following
10number of nominations:
AB1188-ASA1,13,1111
(a) To fill one vacancy, 2 nominations.
AB1188-ASA1,13,1212
(b) To fill 2 vacancies, 3 nominations.
AB1188-ASA1,13,1313
(c) To fill 3 vacancies, 5 nominations.
AB1188-ASA1,13,1414
(d) To fill 4 vacancies, 6 nominations.
AB1188-ASA1,13,1515
(e) To fill 5 vacancies, 7 nominations.
AB1188-ASA1,13,1616
(f) To fill 6 vacancies, 8 nominations.
AB1188-ASA1,13,18
17(4) If a nomination of the governor is rejected by the senate or the assembly,
18the committee shall submit an additional nominee to the governor.
AB1188-ASA1,13,21
205.054 Duties of the executive director. The executive director of the board
21shall:
AB1188-ASA1,13,23
22(1) Whenever a vacancy occurs on the board, call a meeting of the government
23accountability candidate committee.
AB1188-ASA1,13,25
24(2) Assist the government accountability candidate committee in the
25performance of its functions.
AB1188-ASA1,14,2
25.066 Complaints and decision-making procedure. (1) In this section:
AB1188-ASA1,14,33
(a) "Division" means the enforcement division of the board.
AB1188-ASA1,14,64
(b) "Election official" includes any board of election commissioners under s. 7.20
5or governing body of a local governmental unit that has the responsibility to
6administer the election laws.
AB1188-ASA1,14,77
(c) "Local governmental unit" has the meaning given in s. 16.97 (7).
AB1188-ASA1,14,88
(d) "Working day" has the meaning given in s. 227.01 (14).
AB1188-ASA1,14,20
9(2) Any person may file a verified complaint with the division alleging a
10violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. The division shall
11investigate the complaint unless the division finds the complaint to be without merit.
12The division may, on its own motion or upon direction of the board, investigate any
13potential violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 whenever
14the division has probable cause to believe that a violation has occurred. If the
15division finds, by a preponderance of evidence, that a complaint is frivolous, the
16division may order the complainant to forfeit not more than the greater of $500 or
17the expenses incurred in investigating the complaint. The attorney general, when
18so requested by the division, shall institute proceedings to recover any forfeiture
19incurred under this subsection that is not paid by the person against whom it is
20assessed.
AB1188-ASA1,15,2
21(3) If the complaint concerns a question as to whether an election official or a
22private person is acting in conformity with the law or rules of the board, the person
23filing the complaint shall serve a copy of the complaint upon that official or private
24person and that official or private person shall be a party to the case. An election
25official or private person may move to dismiss a complaint if it is clearly without
1merit. If the division finds, in response to a motion, that a complaint is clearly
2without merit, the division shall dismiss the complaint.
AB1188-ASA1,15,5
3(4) If the division does not dismiss a complaint, the division shall issue a
4proposed decision, which shall include findings of fact and conclusions of law and
5may include an order under sub. (5).
AB1188-ASA1,15,10
6(5) The division may order an election official or a private person to act in
7conformity with chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or rules of the
8board, or may, by order, impose a civil penalty under s. 11.60 or 12.60 (1) (c) or (d),
913.69, or 19.579 for any violation of ch. 11 or 12, subch. III of ch. 13, or subch. III of
10ch. 19 for which a civil penalty is applicable.
AB1188-ASA1,16,2
11(6) Subject to the procedures under this subsection, the division may, in the
12discharge of its functions under this section and after providing notice to any party
13who is the subject of an investigation, subpoena and bring before it any person and
14require the production of any papers, books, or other records relevant to an
15investigation. Prior to issuing a subpoena or obtaining a search warrant, the division
16shall submit a written request for this purpose to the board. If the board does not
17disapprove the request within 10 days of receiving the request, the division may
18issue the subpoena or obtain the search warrant. A circuit court may by order permit
19the inspection and copying of the accounts and the depositor's and loan records at any
20financial institution, as defined in s. 705.01 (3), doing business in this state to obtain
21evidence of any violation of ch. 11 or 12, subch. III of ch. 1 3, or subch. III of ch. 19
22upon a showing by the division of probable cause to believe there is a violation and
23that such accounts and records may have a substantial relation to the violation. In
24the discharge of its functions under this section, the division may cause the
1deposition of witnesses to be taken in the manner prescribed for taking depositions
2in civil actions in circuit court.
AB1188-ASA1,16,6
3(7) If the division issues a decision under sub. (4) that contains an order under
4sub. (5), the order is effective upon service of the order notwithstanding any appeal
5to the board under sub. (8) or to circuit court under sub. (11), except that the division
6may stay such an order pending an appeal.
AB1188-ASA1,16,16
7(8) Any party aggrieved by a proposed decision under sub. (4) may appeal the
8proposed decision to the board within 20 days after service of a copy of the decision
9upon the party. If no appeal is filed within 20 days of service of a copy of a proposed
10decision upon each party to the case in which the decision is made, the decision is
11final and becomes the decision of the board. In appealing a decision of the division,
12the appellant shall indicate in its appeal whether the appellant contests any finding
13of fact made by the division. If an appellant does not contest a finding of fact, the
14validity of which is reasonably ascertainable to the appellant at the time of the
15appeal, that finding is conclusive against the appellant in all subsequent
16proceedings.
AB1188-ASA1,17,4
17(9) If a proposed decision of the division is appealed to the board, the board shall
18hear the appeal at its next meeting occurring at least 3 working days after the appeal
19is received by the board. In reviewing the decision of the division, the board is not
20bound by any finding of fact that is contested or any conclusion of law made by the
21division. After hearing the appeal, the board may issue a decision, which shall
22include findings of fact and conclusions of law. In its decision, the board may affirm,
23modify, or reverse an order issued by the division under sub. (5), and may order an
24election official or a private person to act in conformity with chs. 5 to 12, subch. III
25of ch. 13, or subch. III of ch. 19 or rules of the board, or may, by order, impose a civil
1penalty under s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 for any violation of ch. 11
2or 12, subch. III of ch. 13, or subch. III of ch. 19 for which a civil penalty is applicable.
3If the board does not modify or reverse a decision of the division at the meeting at
4which an appeal of a decision is heard, the decision is affirmed.
AB1188-ASA1,17,8
5(10) If a person aggrieved by a decision issued under sub. (4) that contains an
6order under sub. (5) appeals the decision to the board and the board modifies the
7order, the modified order is effective upon service, except that the division may stay
8such an order pending judicial review under s. 227.57.
AB1188-ASA1,17,17
9(11) The defendant may appeal any decision of the division or the board in a
10contested case arising under this section as provided in s. 227.57. If the board
11modifies or reverses an order issued by the division under sub. (5), the division may
12seek judicial review of the decision. In seeking judicial review of a decision of the
13division or the board, the appellant shall indicate in its petition for review whether
14the appellant contests any finding of fact made by the division or the board that is
15not conclusive against the appellant. If the appellant does not contest any finding
16of fact made by the division or the board, that finding is conclusive against the
17appellant.
AB1188-ASA1,18,3
18(12) When the enforcement division issues an order imposing a forfeiture
19under sub. (2) or s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 that is not appealed in
20a timely manner under sub. (8) or (11), or when the board issues an order imposing
21a forfeiture under sub. (2) or s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 and the
22period allowed under s. 227.57 for judicial review of the order expires, the division
23or board may file a copy of its order with the clerk of circuit court for Dane County.
24The clerk shall thereupon enter the order in the judgment and lien docket in the same
25manner as provided for entry of civil judgments under s. 806.10. The division or
1board may also enter the order on the judgment and lien docket of any other county
2under s. 806.13. The order may be enforced and satisfied in the same manner as
3provided for enforcement and satisfaction of civil judgments.
AB1188-ASA1,18,8
4(13) If the division or the board issues an order requiring an election official
5or private person to act in conformity with chs. 5 to 12, subch. III of ch. 13, or subch.
6III of ch. 19 or rules of the board, the division may file an action in circuit court for
7any county where the official or other person is present to obtain relief requiring
8compliance with the order.
AB1188-ASA1,18,11
9(14) (a) This section does not apply to any complaint brought by an election
10official or private person in which the board or the division is alleged to have violated
11the law.
AB1188-ASA1,18,1312
(b) This section does not apply to any matter arising in connection with a
13recount under s. 9.01.
AB1188-ASA1,18,2115
5.40
(7) Whenever a municipality adopts and purchases voting machines or an
16electronic voting system, or adopts and purchases a different type of voting machine
17or electronic voting system from the type it was previously using, the municipal clerk
18or executive director of the municipal board of election commissioners shall promptly
19notify the county clerk or executive director of the county board of election
20commissioners and the executive director of the
elections government accountability 21board in writing.
AB1188-ASA1,19,223
5.62
(4) (b) The county board of election commissioners in counties having a
24population of more than 500,000 shall prepare the official primary ballot. The
25commissioners shall arrange the names of all candidates for each office whose
1nomination papers are filed at the county level, using the same method as that used
2by the
elections government accountability board under s. 5.60 (1) (b).
AB1188-ASA1,19,104
6.26
(2) (b) The municipal clerk, board of election commissioners, or
elections 5government accountability board may appoint any applicant who qualifies under
6this subsection, unless the applicant's appointment has been revoked by a
7municipality or by the board for cause. The municipal clerk, board of election
8commissioners, or
elections government accountability board may revoke an
9appointment made by the clerk, board of election commissioners, or
elections
10government accountability board for cause at any time.
AB1188-ASA1,19,1512
6.26
(2) (c) No individual may serve as a special registration deputy in a
13municipality unless the individual is appointed by the municipal clerk or board of
14election commissioners of the municipality or the individual is appointed by the
15elections government accountability board to serve all municipalities.
AB1188-ASA1,20,317
6.56
(2) Upon receipt of the list, the municipal clerk shall make a check to
18determine whether each person who has been allowed to vote under s. 6.55 (3) is
19properly registered. If so, the clerk shall correct the registration list. If the address
20on the registration list is not correct, the clerk shall correct the address. The clerk
21shall then notify the elector by postcard when he or she is properly registered. If such
22person is found not to be properly registered, the clerk shall send the person a 1st
23class letter with that information, containing a mail registration form under s. 6.30
24(4). The letter shall be marked in accordance with postal regulations to ensure that
25it will be returned to the clerk if the elector does not reside at the address given on
1the postcard. If such letter is returned undelivered, or if the U.S. postal service
2notifies the clerk of an improper address which was apparently improper on the day
3of the election, the clerk shall notify the district attorney
and the board.