AB1189-ASA1,55,520
121.91
(3) (c) The referendum shall be held in accordance with chs. 5 to 12. The
21school district clerk shall provide the election officials with all necessary election
22supplies. The form of the ballot shall correspond substantially with the standard
23form for referendum ballots prescribed by the
elections government accountability 24board under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether
25the limit under sub. (2m) may be exceeded by a specified amount. If the resolution
1provides that any of the excess revenue will be used for a nonrecurring purpose, the
2ballot in the election shall so state and shall specify the amount that will be used for
3a nonrecurring purpose. The limit otherwise applicable to the school district under
4sub. (2m) is increased by the amount approved by a majority of those voting on the
5question.
AB1189-ASA1,55,97
125.05
(1) (b) 10. Each question submitted to the electors shall conform to the
8form prescribed by the
elections government accountability board under ss. 5.64 (2)
9and 7.08 (1) (a).
AB1189-ASA1,55,2311
165.25
(1) Represent state. Except as provided in
s. ss. 5.05 (2m) (c) 1. and 12978.05 (5), appear for the state and prosecute or defend all actions and proceedings,
13civil or criminal, in the court of appeals and the supreme court, in which the state
14is interested or a party, and attend to and prosecute or defend all civil cases sent or
15remanded to any circuit court in which the state is a party; and, if requested by the
16governor or either house of the legislature, appear for and represent the state, any
17state department, agency, official, employee
, or agent, whether required to appear
18as a party or witness in any civil or criminal matter, and prosecute or defend in any
19court or before any officer, any cause or matter, civil or criminal, in which the state
20or the people of this state may be interested. The public service commission may
21request under s. 196.497 (7) that the attorney general intervene in federal
22proceedings. All expenses of the proceedings shall be paid from the appropriation
23under s. 20.455 (1) (d).
AB1189-ASA1,56,3
1165.25
(4) (e) Provide assistance to the enforcement division of the government
2accountability board in the investigation and prosecution of violations of chs. 5 to 12,
3subch. III of ch. 13, and subch. III of ch. 19.
AB1189-ASA1,56,155
198.08
(10) Election statistics. The clerk of the district shall seasonably
6obtain, compile
, and file in his or her office, for the information of the public, a
7statement showing the total number of votes cast for the office of governor in the last
8preceding general election in each subdistrict of the district. The clerk of every
9municipality and the
elections government accountability board shall furnish such
10information so far as obtainable from their records, duly certified, to the clerk of the
11district upon request therefor by the clerk of the district. If the total number of votes
12cast in any subdistrict for the office of governor in the last preceding election cannot,
13because of an intervening change of boundaries of election wards or for any reason,
14be ascertained from any official record the clerk of the district shall fairly estimate
15such number for the purposes of such statement to be filed in his or her office.
AB1189-ASA1,56,2117
200.09
(11) (am) 3. If the governing bodies of each city, town
, and village
18comprising the district pass a resolution to discontinue election of commissioners,
19each commissioner may hold office until a successor is appointed and qualified. The
20commission shall immediately notify the
elections
government accountability board
21under s. 5.05 upon passage of a resolution under this subdivision.
AB1189-ASA1,56,2423
227.03
(6) Orders of the
elections
government accountability board under s.
245.06 (6) are not subject to this chapter.
AB1189-ASA1,57,2
1227.03
(6m) Cases before the enforcement division of the government
2accountability board under s. 5.066 are not subject to this chapter.
AB1189-ASA1,57,54
227.52
(6) Decisions of the chairperson of the
elections government
5accountability board or the chairperson's designee.
AB1189-ASA1,57,107
230.03
(4) Except as provided in
s.
ss. 230.40 (4), 230.405 (1), and 230.80 (1m),
8"appointing authority" means the chief administrative officer of an agency unless
9another person is authorized to appoint subordinate staff in the agency by the
10constitution or statutes.
AB1189-ASA1,57,13
11(6) "Civil service" means all offices and positions of trust or employment in the
12service of the state,
but except
for purposes of ss. 230.40 and 230.405, excludes all 13offices and positions in the organized militia.
AB1189-ASA1,57,1515
230.08
(2) (e) 4h. Government accountability board — 3.
AB1189-ASA1,57,1818
230.08
(2) (on) The executive director of the government accountability board.
AB1189-ASA1,58,421
230.08
(4) (a) The number of administrator positions specified in sub. (2) (e)
22includes all administrator positions specifically authorized by law to be employed
23outside the classified service in each department, board or commission and the
24historical society. In this paragraph, "department" has the meaning given under s.
2515.01 (5), "board" means the educational communications board,
government
1accountability board, investment board, public defender board and technical college
2system board and "commission" means the public service commission.
3Notwithstanding sub. (2) (z), no division administrator position exceeding the
4number authorized in sub. (2) (e) may be created in the unclassified service.
AB1189-ASA1, s. 153
5Section
153. 230.40 (1), (2), (4) and (5) of the statutes are amended to read:
AB1189-ASA1,58,196
230.40
(1) No person holding a position in the classified civil service may
7directly or indirectly solicit or receive subscriptions or contributions for any partisan
8political party or any political purpose while on state time or engaged in official
9duties as an employee. No person may orally solicit or by letter transmit any
10solicitation to a state office or be in any manner concerned in soliciting any
11assistance, subscription, or support for any partisan political party or purpose from
12any person holding any position in the classified civil service while on state time or
13engaged in official duties as an employee. No person holding any position in the
14classified civil service may during the hours when on duty engage in any form of
15political activity calculated to favor or improve the chances of any political party or
16any person seeking or attempting to hold partisan political office, nor engage in any
17political activity when not on duty to such an extent that the person's efficiency
18during working hours will be impaired or that he or she will be tardy or absent from
19work.
Any violation of this section is adequate grounds for dismissal.
AB1189-ASA1,58,25
20(2) If a person
who holds an appointive position in the
classified civil service
21declares an intention to run for becomes a candidate for a partisan political office the
22person shall be placed on a leave of absence for the duration of the election campaign
23and if elected shall separate from the
classified civil service on assuming the duties
24and responsibilities of such office.
In this subsection, "candidate" has the meaning
25given in s. 230.405 (1) (c).
AB1189-ASA1,59,5
1(4) A person
who holds an appointive position in the
classified civil service may
2be granted upon concurrence by the person's appointing authority a leave of absence
3to participate in partisan political campaigning.
In this subsection, "appointing
4authority" means the individual who has the authority to make appointments to a
5position.
AB1189-ASA1,59,9
6(5) Persons on leave from the
classified civil service under subs. (2) and (4) shall
7not be subject to the restrictions of sub. (1), except as they apply to the solicitation
8of assistance, subscription or support from any person holding any position in the
9classified civil service.
AB1189-ASA1,59,1211
230.40
(7) Any violation of this section by a person who holds an appointive
12position in the civil service is adequate grounds for discipline, including dismissal.
AB1189-ASA1,59,14
14230.405 Campaign activity. (1) In this section:
AB1189-ASA1,59,1715
(a) "Appointing authority" means the chief administrative officer of a state
16agency unless another person is authorized by law to appoint subordinate staff in the
17state agency.
AB1189-ASA1,59,1818
(b) "Campaign activity" means:
AB1189-ASA1,59,2119
1. Organizing or assisting in the organization of an event on behalf of a
20candidate, political party, or political committee, but not including recording the date
21of an event.
AB1189-ASA1,59,2322
2. Soliciting or receiving a contribution on behalf of a candidate, political party,
23or political committee.
AB1189-ASA1,59,2524
3. Designing or distributing an advertisement paid for by a candidate, political
25party, or political committee.
AB1189-ASA1,60,3
14. Designing or distributing brochures, literature, nomination papers, or other
2promotional materials, whether in electronic or nonelectronic form, that are paid for
3by a candidate, political party, or political committee.
AB1189-ASA1,60,54
5. Organizing or directing individuals for the purpose of securing voluntary
5services on behalf of a candidate, political party, or political committee.
AB1189-ASA1,60,66
6. Preparing a budget for a candidate, political party, or political committee.
AB1189-ASA1,60,97
7. Preparing or participating in the conduct of polling relating to political
8issues, other than polling conducted by a state legislator to seek input from
9constituents.
AB1189-ASA1,60,1210
8. Creating or maintaining a list or database of individuals who have made a
11contribution or provided voluntary services to a candidate, political party, or political
12committee.
AB1189-ASA1,60,1413
9. Directing or participating in the recruitment of a candidate for national,
14state, or local office.
AB1189-ASA1,60,1615
10. Organizing or assisting in the organization of individuals to vote for a
16particular candidate or the candidates of a particular political party.
AB1189-ASA1,60,1917
11. Transporting individuals to a polling place on behalf of a candidate, political
18party, or political committee, or to a rally organized for the purpose of supporting a
19candidate or political party.
AB1189-ASA1,60,2420
(c) "Candidate" means every person for whom it is contemplated or desired that
21votes be cast at any election held within this state, whether or not the person is
22elected or nominated, and who either tacitly or expressly consents to be so
23considered. A person does not cease to be a candidate by virtue of the passing of the
24date of an election.
AB1189-ASA1,60,2525
(d) "Contribution" has the meaning given in s. 11.01 (6) and
2 USC 431 (8).
AB1189-ASA1,61,2
1(e) "Disbursement" has the meaning given in s. 11.01 (7) and the meaning given
2for the term "expenditure" in
2 USC 431 (9).
AB1189-ASA1,61,33
(f) "Legislative campaign committee" has the meaning given in s. 11.01 (12s).
AB1189-ASA1,61,44
(g) "Local office" has the meaning given in s. 5.02 (9).
AB1189-ASA1,61,55
(h) "National office" has the meaning given in s. 5.02 (12).
AB1189-ASA1,61,76
(i) "Personal campaign committee" has the meaning given in s. 11.01 (15) and
7includes a federal candidate committee, as defined in s. 11.06 (3m) (a).
AB1189-ASA1,61,128
(j) "Political committee" means any person other than an individual and any
9combination of 2 or more persons, permanent or temporary, that makes or accepts
10contributions or makes disbursements, whether or not engaged in activities that are
11exclusively political, and includes a legislative campaign committee, a personal
12campaign committee, and a political committee, as defined in
2 USC 431 (4).
AB1189-ASA1,61,1313
(k) "Political party" has the meaning given in s. 5.02 (13) and
2 USC 431 (13).
AB1189-ASA1,61,1414
(L) "State agency" has the meaning given in s. 20.001 (1).
AB1189-ASA1,61,1515
(m) "State office" has the meaning given in s. 5.02 (23).
AB1189-ASA1,61,18
16(2) No appointing authority of a person holding an appointive position in the
17civil service may assign or authorize campaign activity to be performed on state time,
18or with the use of state resources, or on any property owned or leased by the state.
AB1189-ASA1,61,22
19(3) No person holding a position in the civil service may use, or make available
20for use by another, state resources or property owned or leased by the state in
21connection with campaign activity except to the extent that the resources or property
22are available to be used by any person under similar circumstances.
AB1189-ASA1,61,24
23(4) No person holding an appointive position in the civil service may engage in
24campaign activity:
AB1189-ASA1,61,2525
(a) While the person is engaged in his or her employment.
AB1189-ASA1,62,4
1(b) While on any form of paid leave, including compensatory time granted for
2time worked in excess of normal hours, other than annual leave or paid holiday leave
3and then only after having received approval from his or her appointing authority
4to use the leave for that purpose.
AB1189-ASA1,62,135
(c) During the established hours of employment for the person, unless the
6person has submitted to his or her appointing authority a request to work variant
7hours or to take unpaid leave and has obtained from the appointing authority a
8written finding that the use of variant hours or the taking of unpaid leave will not
9be contrary to the efficient provision of public services by the state agency for which
10the person performs services. For an employee of the legislature under s. 13.20, the
11appointing authority must find that the use of variant hours or the taking of unpaid
12leave will not be contrary to the efficient provision of public services by the house or
13houses for which the employee performs services.
AB1189-ASA1,62,18
14(5) No decision affecting the continued employment of a person holding an
15appointive position in the civil service, or affecting the salary, benefits, hours, terms,
16or other conditions of employment of such a person, may be based in any manner or
17to any degree on the failure of the person to participate in campaign activity or the
18failure to make a contribution.
AB1189-ASA1,62,20
19(6) Any violation of this section by a person who holds an appointive position
20in the civil service is adequate grounds for discipline, including dismissal.
AB1189-ASA1,62,2522
234.02
(3m) (c) The authority shall, with the advice of the
ethics government
23accountability board, adopt and enforce ethics guidelines applicable to its paid
24consultants which are similar to subch. III of ch. 19, except that the authority may
25not require its paid consultants to file financial disclosure statements.
AB1189-ASA1,63,102
560.04
(2m) Duties. The department may assign one or more full-time
3equivalent positions to the functions of coordinating the development and scheduling
4of training programs for local government officials by the University of
5Wisconsin-Extension, technical college system, department of revenue,
elections 6government accountability board, and other state agencies in order to assure the
7effective delivery of training programs and to prevent duplication of effort and of
8coordinating requests for management or personnel consultative services from
9government units other than the state and directing those requests to the
10appropriate division of the department of administration.
AB1189-ASA1,63,21
12778.135 Campaign finance forfeitures; how recovered. Notwithstanding
13s. 778.13, whenever any action or proposed action by the
elections government
14accountability board under s. 5.05 (1) (c) is settled as a result of agreement between
15the parties without approval of the court, the moneys accruing to the state on account
16of such settlement shall be paid to the board and deposited with the secretary of
17administration. Whenever any proposed action by a county board of election
18commissioners under s. 7.21 (2m) (a) is settled as a result of agreement between the
19parties, the moneys accruing to the county on account of such settlement shall be
20paid to the board of election commissioners and deposited with the county treasurer
21in the same manner as provided for forfeitures under s. 778.13.
AB1189-ASA1,64,3
23778.136 Ethics and lobbying forfeitures; how recovered. 24Notwithstanding s. 778.13, whenever any moneys are received by the
ethics 25government accountability board or attorney general in settlement of a civil action
1or other civil matter for violation of the lobbying law or code of ethics for state public
2officials and employees under s. 19.545, the moneys shall accrue to the state and be
3deposited with the secretary of administration.
AB1189-ASA1,64,75
971.19
(12) In an action for a violation of chs. 5 to 12, subch. III of ch. 13, or
6subch. III of ch. 19, a defendant who is a resident of this state shall be tried in circuit
7court for the county where the defendant resides.
AB1189-ASA1,64,99
(1)
Transfer of elections board.
AB1189-ASA1,64,1210
(a)
Assets and liabilities. On the effective date of this paragraph, the assets and
11liabilities of the elections board shall become the assets and liabilities of the
12government accountability board.
AB1189-ASA1,64,1313
(b)
Positions and employees.
AB1189-ASA1,64,15
141. On the effective date of this subdivision, all full-time equivalent positions
15in the elections board are transferred to the government accountability board.
AB1189-ASA1,64,18
162. All incumbent employees holding positions in the elections board are
17transferred on the effective date of this subdivision to the government accountability
18board.
AB1189-ASA1,64,24
193. Employees transferred under subdivision 2. have all the rights and the same
20status under subchapter V of chapter 111 and chapter 230 of the statutes in the
21government accountability board that they enjoyed in the elections board
22immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes,
23no employee so transferred who has attained permanent status in class is required
24to serve a probationary period.
AB1189-ASA1,65,3
1(c)
Tangible personal property. On the effective date of this paragraph, all
2tangible personal property, including records, of the elections board is transferred to
3the government accountability board.
AB1189-ASA1,65,94
(d)
Contracts. All contracts entered into by the elections board in effect on the
5effective date of this paragraph remain in effect and are transferred to the
6government accountability board. The government accountability board shall carry
7out any contractual obligations under such a contract until the contract is modified
8or rescinded by the government accountability board to the extent allowed under the
9contract.