LRBs0556/1
JTK:cs&wj:jf
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2005 SENATE BILL 1
February 21, 2006 - Offered by Representative Gundrum.
SB1-ASA2,2,20
1An Act to repeal 5.05 (1) (a), 5.05 (3), 5.05 (5), 5.05 (6), 5.05 (11), 5.07, 5.08, 7.08
2(7), 7.21 (2m), 9.01 (1) (ag) 4., 13.69 (8), 15.07 (5) (k), 15.07 (5) (n), 15.61, 15.62,
319.42 (10) (a), 19.47 (2), 19.47 (4), 19.49 (title), 19.49 (1), 19.49 (3), 19.49 (4),
419.50 (title), 19.51 (title), 19.51 (1) (a) and (b), 19.51 (3), 19.52, 19.53 (intro.),
519.53 (1) to (5), 19.53 (7) and (8), 19.535, 19.54, 19.545, 19.59 (8) (c), 19.59 (8)
6(cn) and (d), 20.510 (intro.), 20.510 (1) (title), 20.510 (1) (a), 20.510 (1) (bm),
720.510 (1) (c), 20.510 (1) (d), 20.510 (1) (g), 20.510 (1) (h), 20.510 (1) (i), 20.510
8(1) (j), 20.510 (1) (q), 20.510 (1) (t), 20.510 (1) (x), 20.521 (intro.), 20.521 (1)
9(title), 20.521 (1) (a), 20.521 (1) (b), 20.521 (1) (g), 20.521 (1) (h), 20.521 (1) (i),
1020.923 (4) (d) 3., 20.923 (4) (d) 4., 230.08 (2) (om), 230.08 (2) (wm) and 778.136;
11to renumber 19.49 (1m), 19.50 (4) and (5), 19.51 (2) and 19.579;
to renumber
12and amend 15.617, 19.46 (2), 19.49 (2), 19.49 (5), 19.50 (intro.) and (1) to (3),
1319.51 (1) (intro.), 19.53 (6), 19.55 (2) (a) and 19.55 (2) (b);
to amend 5.02 (1s),
15.05 (title), 5.05 (1) (intro.), 5.05 (1) (b), 5.05 (1) (c), 5.05 (1) (e), 5.06 (2), 5.081,
25.40 (7), 5.62 (4) (b), 6.26 (2) (b), 6.26 (2) (c), 6.56 (2) to (5), 7.08 (title), 7.15 (1)
3(g), 7.23 (2), 7.31 (5), 7.60 (4) (a), 7.60 (5), 7.70 (1), 7.70 (5) (b), 8.05 (1) (j), 8.10
4(5), 8.15 (4) (b), 8.18 (2), 8.20 (6), 8.28, 8.50 (3) (a), 8.50 (3) (e), 9.01 (1) (a), 9.01
5(1) (ar) 2., 9.01 (10), 11.21 (title), 11.21 (7) (intro.), 11.22 (4), 11.38 (5), 11.60 (5),
611.61 (2), 13.123 (3) (b) 2., 13.23, 13.62 (4), 13.685 (title), 13.94 (1) (k), 14.58 (20),
715.07 (1) (cm), 15.07 (4), 16.79 (2), 16.96 (3) (b), 16.973 (6), 17.07 (6), 17.17 (1),
817.17 (4), 19.42 (3), 19.43 (4), 19.43 (5), 19.45 (6), 19.46 (1) (intro.), 19.47 (5),
919.55 (1), 19.55 (2) (c), 19.579 (title), 19.59 (1) (g) 8., 19.59 (8) (a) and (b), 19.85
10(1) (h), 20.923 (4) (intro.), 59.605 (3) (a) 3., 67.05 (3) (b), 67.05 (6), 71.10 (3) (b),
1173.0301 (1) (d) 13., 73.0301 (1) (e), 85.61 (1), 117.20 (2), 117.27 (2) (b) (intro.),
12121.91 (3) (c), 125.05 (1) (b) 10., 165.25 (1), 198.08 (10), 200.09 (11) (am) 3.,
13227.03 (6), 227.45 (1), 227.46 (1) (intro.), 227.52 (6), 230.08 (4) (a), 234.02 (3m)
14(c), 560.04 (2m) and 778.135;
to repeal and recreate 11.60 (4), 15.07 (1) (a) 2.
15and 71.10 (3) (b); and
to create 5.05 (1e), 5.05 (1m), 5.05 (2m), 5.05 (3g), 5.05
16(5s) (title), (d) and (e), 5.052, 5.054, 12.13 (5), 12.60 (1) (bm), 15.07 (5) (m), 15.60,
1715.603, 19.85 (1) (fm), 20.923 (4) (e) 2e., 20.923 (4) (f) 3j., 230.08 (2) (e) 4h. and
18230.08 (2) (on) of the statutes;
relating to: creation of a Government
19Accountability and Integrity Board, granting rule-making authority, and
20providing penalties.
Analysis by the Legislative Reference Bureau
Currently, the Elections Board consists of nine members. The governor
appoints all of the members of the Elections Board, without confirmation by the
senate, to serve for two-year terms as follows: one member is selected by the
governor and one member each is designated by the chief justice of the Supreme
Court, the speaker of the assembly, the senate majority leader, the minority leader
in each house of the legislature, and the chief officer of each political party qualifying
for a separate ballot at the September primary whose candidate for governor at the
most recent gubernatorial election received at least 10 percent of the vote (currently,
the Republican, Democratic, and Libertarian parties).
Currently, the Ethics Board consists of six members. Members of the Ethics
Board are nominated by the governor, and with the advice and consent of the senate
appointed, to serve for staggered six-year terms. All members must be U.S. citizens
and residents of this state, and no member may hold any other office or employment
in the government of this state or any political subdivision thereof or in any state
department. In addition, no member, for one year immediately prior to the date of
appointment, may have been, and no member, while serving on the Ethics Board,
may become, a member of a political party, an officer or member of a committee in
any partisan political club or organization, or a candidate for any partisan office.
This substitute amendment abolishes both boards and replaces them with a
Government Accountability and Integrity Board. Under the substitute amendment,
the board is composed of seven members serving for staggered four-year terms who
are nominated by the governor and appointed with the advice and consent of the
senate and assembly. Four of the members must have prosecutorial experience, two
of the members must have prior service as a nonpartisan elective official of a local
governmental unit, and one must be a retired judge. Each of the members must be
appointed from nominations submitted by a Government Accountability and
Integrity Candidate Committee, which consists of one court of appeals judge from
each of the court of appeals districts. The judges are chosen by lot by the chief justice
of the supreme court in the presence of the other justices. A unanimous vote of the
committee is required to nominate a candidate. No member of the Government
Accountability and Integrity Board may hold another position that is subject to the
code of ethics for state public officials or the code of ethics for local public officials.
No member, for one year immediately prior to the date of appointment, may have
been, and no member while serving on the board may become, a member of a political
party, an officer or member of a committee in any partisan political club or
organization, a candidate for any partisan office or an officer or employee of a
registrant under the campaign finance law. No member may be a lobbyist or an
employee of a principal (person who employs a lobbyist). The concurrence of at least
four members is required for the board to take action.
The substitute amendment creates three divisions within the Government
Accountability and Integrity Board. The divisions are an Enforcement Division, and
Accountability and Integrity Division and an Elections Division. The Enforcement
Division is headed by an administrator who is appointed by the board outside the
classified service for a term of not less than four years nor more than six years,
expiring on September 1 of an odd-numbered year. The administrator must be an
attorney licensed to practice law in this state who has criminal justice experience.
The administrator may not be removed during his or her term except for cause. The
other two divisions are headed by division administrators who are appointed outside
the classified service by the board to serve at its pleasure.
The substitute amendment does not authorize any new positions for the
administrators. The substitute amendment transfers all members of the existing
staffs of the Elections Board and Ethics Board and their positions to the Government
Accountability and Integrity Board. Under the substitute amendment, the staff
members who have civil service rights retain those rights. The substitute
amendment does not provide any funding for continued employment of the staff
members, however.
Under current law, the Elections Board and Ethics Board share civil
enforcement authority with district attorneys and in some cases with county boards
of election commissioners and the attorney general; and the district attorneys, and
in some cases the attorney general, exercise criminal enforcement authority.
Currently, the Elections Board and Ethics Board may investigate violations of the
law, with or without complaint, and may enforce their respective laws. The Elections
Board may file civil actions to collect forfeitures (civil monetary penalties) for
violations of the law and the Ethics Board may, after an administrative hearing,
assess civil forfeitures or impose certain other remedies for violations of the law.
Currently, the Elections Board has an administrative procedure for processing of
complaints from electors alleging that an action or failure to act on the part of an
election official is contrary to law, or that an official has abused his or her discretion.
Under the procedure, the board may order the official to conform his or her conduct
to the law or may prosecute the official for a civil violation of the law. If either board
finds a criminal violation of the law, it may refer the matter to the appropriate district
attorney, or in certain cases the attorney general.
This substitute amendment substitutes a different investigatory and
prosecution procedure that is uniformly applicable to the the elections, ethics and
lobbying regulation laws. Under the substitute amendment, only the Government
Accountability and Integrity Board has authority to investigate and prosecute civil
and criminal violations of the elections, ethics and lobbying regulation laws. The
administrator of the Enforcement Division initially determines whether there is a
reasonable suspicion that a violation of the elections, ethics, or lobbying regulation
laws has occurred and whether an investigation is appropriate. The administrator
must notify the board within ten days of opening an investigation. If any member of
the board requests the chairperson to call a meeting to discuss the investigation, and
the member requests that the investigation be suspended until the meeting is held,
the investigation is suspended until the meeting is held. If an investigation is
suspended, the meeting must be held within 10 working days of receipt of the
request. If the board determines to proceed with the investigation, it may direct the
administrator to submit the names of three qualified investigators. The board may
retain one or more of the investigators. The board may also authorize the
administrator of the Enforcement Division to investigate any matter without
retaining an investigator. An investigator or the administrator must report to the
board concerning an investigation at least once every 90 days, after which the
investigation terminates unless the board votes to continue it. If the board
determines to file civil or criminal charges against an alleged offender, it may request
the administrator to submit the names of three individuals to act as special counsel.
Once retained, the special counsel proceeds with the case in the manner he or she
sees fit, with the assistance of the Enforcement Division. The substitute amendment
provides that any individual who is appointed by the board to serve as special counsel
shall be a retired judge of a court of record in this state or an attorney who, at the time
of appointment, has senior status as a member of the State Bar of Wisconsin, as
defined by the supreme court.
The substitute amendment provides that whenever the Government
Accountability and Integrity Board authorizes commencement of a prosecution, and
the prosecution is not concluded in circuit court or settled within six months of the
board's action, the prosecution may not proceed unless the board authorizes the
prosecution to proceed for an additional period not exceeding six months. The
substitute amendment permits the Government Accountability and Integrity Board,
by rule, to authorize the administrator of the Enforcement Division to compromise
and settle specified categories of offenses in the name of the board without a formal
investigation, if the offenses by any given alleged offender do not involve payment
of more than $500. The substitute amendment provides that no individual who
serves as an employee in the Enforcement Division and no individual who is retained
to serve as an investigator or special counsel for the division may, during such service
or for 12 months after ceasing to be so employed or retained, become a candidate for
a state or local elective office.
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 and
Integrity Board closed to public inspection, subject to the current exceptions for
opinions issued by the Ethics Board.
Currently, the Elections and Ethics boards have sum certain appropriations
derived from state general purpose revenue. In addition, both boards finance some
of their operations with program revenue. This substitute amendment repeals all
appropriations to both boards and does not make any appropriations to the
Government Accountability and Integrity Board. Under the substitute amendment,
the Government Accountability and Integrity Board will be unable to operate unless
funding is provided for the board by other legislation.
Under the substitute amendment, any person may file a sworn complaint with
the board alleging a violation of the elections, ethics, or lobbying regulation laws.
The substitute amendment also permits the board to investigate any violation of the
elections, ethics, or lobbying regulation laws on its own initiative.
The substitute amendment provides for the substitute amendment to become
law on January 1, 2007, after which date the members of the Government
Accountability and Integrity Board may be appointed and take office. However, the
existing Elections Board and Ethics Board continue in operation until July 1, 2007.
Under the substitute amendment, the Government Accountability and Integrity
Board may not exercise administrative or enforcement authority until July 1, 2007.
The substitute amendment also provides that the director of the Legislative Council
Staff shall serve as executive director of the Government Accountability and
Integrity Board, without additional compensation, until the initial executive
director of the Government Accountability and Integrity Board is appointed and
qualified, and may exercise all of the functions of the executive director of the
Government Accountability and Integrity Board, the divisions within the board, and
the administrators of the divisions.
Currently, except as otherwise provided by law, public records may be examined
or copied by any person unless the custodian demonstrates that the public interest
in withholding access to a record outweighs the public interest in providing access.
With certain exceptions, records obtained and prepared by the Ethics Board in
connection with an investigation are specifically exempted from public access. This
substitute amendment provides specifically that investigatory records of the
Government Accountability and Integrity Board are exempted from the right of
public access, subject to the current exceptions, except that if the board commences
a prosecution of a person as a result of an investigation, the person who is the subject
of the investigation may direct the board to provide access to records of the
investigation pertaining to that person if the records are available by law to the
subject person, and except that records of the board containing a finding that a
complaint does not raise a reasonable suspicion that a violation of the law has
occurred or records containing a finding that no probable cause exists to believe that
a violation of the law has occurred are open to public access. Under the substitute
amendment, any person other than the subject of an investigation who provides
public access to a record of the board that is not accessible to the public is guilty of
a misdemeanor and may be fined not more than $500 or imprisoned for not more than
30 days or both.
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 and Integrity Board may meet in closed session
to deliberate concerning any investigation under the board's jurisdiction.
Under current law, if a court finds that any provision of a legislative act is
unconstitutional and there are other provisions that are not dependent for their
operation upon the unconstitutional provision, the other provisions remain valid.
This substitute amendment provides that if a court finds that any provision of the
act resulting from the substitute amendment is unconstitutional, the entire act is
void.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB1-ASA2, s. 1
1Section
1. 5.02 (1s) of the statutes is amended to read:
SB1-ASA2,6,32
5.02
(1s) "Board" means the
elections government accountability and integrity 3board.
SB1-ASA2, s. 2
4Section
2. 5.05 (title) of the statutes is amended to read:
SB1-ASA2,7,2
15.05 (title)
Elections
Government accountability and integrity board;
2powers and duties.
SB1-ASA2, s. 3
3Section
3. 5.05 (1) (intro.) of the statutes is amended to read:
SB1-ASA2,7,74
5.05
(1) General authority. (intro.) The
elections government accountability
5and integrity board shall have the responsibility for the administration of chs. 5 to
612 and other laws relating to elections and election campaigns. Pursuant to such
7responsibility, the board may:
SB1-ASA2, s. 5
9Section
5. 5.05 (1) (b) of the statutes is amended to read:
SB1-ASA2,7,2010
5.05
(1) (b) In the discharge of its duties and
upon after providing notice to
the 11any party
or parties being investigated who is the subject of an investigation,
12subpoena and bring before it any person
in the state and require the production of
13any papers, books
, or other records relevant to an investigation. A circuit court may
14by order permit the inspection
, and copying of the accounts and the depositor's and
15loan records at any financial institution
, as defined in s. 705.01 (3)
, doing business
16in the state to obtain evidence of any violation of ch. 11 upon showing by the board
17of probable cause to believe there is a violation and that such accounts and records
18may have a substantial relation to the violation. In the discharge of its duties, the
19board may cause the deposition of witnesses to be taken in the manner prescribed
20for taking depositions in civil actions in circuit court.
SB1-ASA2, s. 6
21Section
6. 5.05 (1) (c) of the statutes is amended to read:
SB1-ASA2,8,2022
5.05
(1) (c) Bring civil
or criminal actions
to require forfeitures for any violation
23of
ch. 11 under s. 11.60. Forfeiture actions brought by the board may concern only
24violations with respect to reports or statements required by law to be filed with it,
25and other violations arising under elections for state office or statewide referenda
1chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. The board may compromise
2and settle any
civil action or potential action brought or authorized to be brought by
3it
under ch.11 which, in the opinion of the board, constitutes a minor violation, a
4violation caused by excusable neglect, or which for other good cause shown, should
5not in the public interest be prosecuted under such chapter. Notwithstanding s.
6778.06, an action or proposed action authorized under this paragraph may be settled
7for such sum as may be agreed between the parties. Any settlement made by the
8board shall be in such amount as to deprive the alleged violator of any benefit of his
9or her wrongdoing and may contain a penal component to serve as a deterrent to
10future violations. In settling actions or proposed actions, the board shall treat
11comparable situations in a comparable manner and shall assure that any settlement
12bears a reasonable relationship to the severity of the offense or alleged offense.
13Forfeiture actions brought by the board shall be brought in the circuit court for the
14county wherein the violation is alleged to occur.
Whenever the board enters into a
15settlement agreement with an individual who is accused of a violation of chs. 5 to 12,
16subch. III of ch. 13, or subch. III of ch. 19 or who is investigated by the board for a
17possible violation of one of those provisions, the board shall reduce the agreement to
18writing, together with a statement of the board's findings and reasons for entering
19into the agreement and shall retain the agreement and statement in its office for
20inspection.
SB1-ASA2, s. 7
21Section
7. 5.05 (1) (e) of the statutes is amended to read:
SB1-ASA2,9,522
5.05
(1) (e) Delegate to its executive director the authority to
issue a subpoena
23under par. (b), apply for a search warrant under par. (b), commence an action under
24par. (d), intervene in an action or proceeding under sub. (9), issue an order under s.
255.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a),
1exempt a municipality from the requirement to use voting machines or an electronic
2voting system under s. 5.40 (5m), approve an electronic data recording system for
3maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
4who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such
5limitations as the board deems appropriate.
SB1-ASA2, s. 8
6Section
8. 5.05 (1e) of the statutes is created to read:
SB1-ASA2,9,87
5.05
(1e) Actions by the board. Any action by the board requires the
8affirmative vote of at least 4 members.
SB1-ASA2, s. 9
9Section
9. 5.05 (1m) of the statutes is created to read:
SB1-ASA2,9,1210
5.05
(1m) Executive director; legal counsel. The board shall employ an
11executive director outside the classified service and shall employ legal counsel to
12perform legal services outside the enforcement division.
SB1-ASA2, s. 10
13Section
10. 5.05 (2m) of the statutes is created to read:
SB1-ASA2,9,1714
5.05
(2m) Enforcement division. (a) The enforcement division, under the
15direction and supervision of the board, shall investigate and prosecute alleged
16violations of laws administered by the board pursuant to all statutes granting or
17assigning that authority or responsibility to the board.
SB1-ASA2,9,1918
(c) 1. The board shall employ at least one full-time attorney within the
19enforcement division.
SB1-ASA2,9,2520
2. a. Any person may file a complaint with the enforcement division alleging
21a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. If the enforcement
22division finds, by a preponderance of the evidence, that a complaint is frivolous, the
23division may order the complainant to forfeit not more than the greater of $500 or
24the expenses incurred by the division in investigating the complaint. The
25enforcement division may, in accordance with this paragraph, investigate or
1prosecute any civil or criminal violation of chs. 5 to 12, subch. III of ch. 13, or subch.
2III of ch. 19 in the name of the board. Only the enforcement division may investigate
3or prosecute civil or criminal violations of chs. 5 to 12, subch. III of ch. 13, or subch.
4III of ch. 19.
SB1-ASA2,11,75
4. The administrator of the enforcement division shall make an initial
6determination as to whether there is a reasonable suspicion that a violation under
7subd. 2. has occurred and whether an investigation of the suspected violation is
8appropriate. The administrator shall notify the board within 10 days of opening an
9investigation of any matter. If, within 10 days of receiving notification, any member
10of the board requests the chairperson to call a meeting of the board be held to discuss
11the investigation, and the member requests that the investigation be suspended
12until the meeting is held, the administrator shall suspend the investigation until the
13board directs the investigation to proceed. The chairperson of the board shall
14thereupon call a meeting of the board to discuss the investigation. If an investigation
15is suspended, the meeting shall be held within 10 working days, as defined in s.
16227.01 (14), of receiving the request. If the board believes that there is reasonable
17suspicion that a violation under subd. 2. has occurred or is occurring, the board may
18elect to proceed with the investigation and may, in addition, elect to retain an
19investigator who meets the qualifications prescribed in subd. 7. If the board elects
20to retain an investigator, the administrator shall submit to the board the names of
213 qualified individuals to serve as an investigator. The board may retain one or more
22of the investigators. Each investigator who is retained by the board shall make
23periodic reports to the board, as directed by the board, but in no case may the interval
24for reporting exceed 90 days. If the board authorizes the administrator to investigate
25any matter without retaining an investigator, the administrator shall make periodic
1reports to the board, as directed by the board, but in no case may the reporting
2interval exceed 90 days. If, after receiving a report, the board does not vote to
3continue an investigation for an additional period not exceeding 90 days, the
4investigation is terminated at the end of the reporting interval. Unless an
5investigation is terminated by the board, at the conclusion of each investigation, the
6administrator of the enforcement division shall present to the board one of the
7following:
SB1-ASA2,11,108
a. A recommendation to make a finding that probable cause exists to believe
9that one or more violations under subd. 2. have occurred or are occurring, together
10with a recommended course of action.
SB1-ASA2,11,1211
b. A recommendation for further investigation of the matter together with facts
12supporting that course of action.
SB1-ASA2,11,1413
c. A recommendation to terminate the investigation due to lack of sufficient
14evidence to indicate that a violation under subd. 2 has occurred or is occurring.
SB1-ASA2,11,2415
5. The enforcement division may file a complaint against any person under
16subd. 2 only upon authorization by the board. The enforcement division may request
17the assistance of special counsel to prosecute any action brought by the board. If the
18enforcement division requests the assistance of special counsel with respect to any
19matter, the administrator of the enforcement division shall submit to the board the
20names of 3 qualified individuals to serve as special counsel. Any individual so
21appointed shall meet the qualifications prescribed in subd. 7. The board may retain
22one of the individuals to act as special counsel. The staff of the enforcement division
23shall provide assistance to the special counsel as may be required by the counsel to
24carry out his or her responsibilities.
SB1-ASA2,12,5
16. 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.
SB1-ASA2,12,96
7. Any individual who is appointed by the board to serve as special counsel shall
7be a retired judge of a court of record in this state or an attorney who, at the time of
8appointment, has senior status as a member of the state bar of Wisconsin, as defined
9by the supreme court.
SB1-ASA2,12,1510
8. Whenever the board authorizes commencement of a prosecution and the
11prosecution is not concluded in circuit court or settled within 6 months of the date
12of the board's action, the administrator of the enforcement division or any special
13counsel who is retained to conduct the prosecution shall not proceed with the
14prosecution or shall move to dismiss the prosecution unless the board authorizes the
15prosecution to proceed for an additional period, not to exceed 6 months.
SB1-ASA2,12,2116
9. The board may, by rule, prescribe categories of civil offenses which the board
17will agree to compromise and settle without a formal investigation upon payment of
18specified amounts by the alleged offender. The board may authorize the
19administrator of the enforcement division to compromise and settle such alleged
20offenses in the name of the board if the alleged offenses by an offender, in the
21aggregate, do not involve payment of more than $500.
SB1-ASA2,13,322
(d) No individual who serves as an employee in the enforcement division and
23no individual who is retained by the board to serve as an investigator or as special
24counsel may, while so employed or retained or for 12 months after ceasing to be so
25employed or retained, become a candidate, as defined in s. 11.01 (1), for state or local
1office. A filing officer shall decline to accept nomination papers or a declaration of
2candidacy from any individual who does not qualify to become a candidate under this
3paragraph.
SB1-ASA2,13,76
5.05
(3g) Chief election officer. The board shall designate an employee of
7the board to serve as the chief election officer of this state.
SB1-ASA2, s. 14
9Section
14. 5.05 (5s) (title), (d) and (e) of the statutes are created to read:
SB1-ASA2,13,1610
5.05
(5s) (title)
Access to records. (d) If the board commences a prosecution
11of a person for an alleged violation of chs. 5 to 12, subch. III of ch. 13, or subch. III
12of ch. 19 as the result of an investigation, the person who is the subject of the
13investigation may authorize the board to make available for inspection and copying
14under s. 19.35 (1) records of the investigation pertaining to that person if the records
15are available by law to the subject person and the board shall then make those
16records available.
SB1-ASA2,13,1817
(e) The following records of the board are open to public inspection and copying
18under s. 19.35 (1):
SB1-ASA2,13,2019
1. Any record containing a finding that that a complaint does not raise a
20reasonable suspicion that a violation of the law has occurred.
SB1-ASA2,13,2221
2. Any record containing a finding, following an investigation, that no probable
22cause exists to believe that a violation of the law has occurred.
SB1-ASA2,14,4
15.052 Government accountability and integrity candidate committee. 2(1) The government accountability and integrity candidate committee shall
3organize whenever a vacancy occurs in the membership of the board that requires
4a nomination to be submitted to the governor under s. 15.60 (2).
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5(2) No person may be nominated by the committee unless the person receives
6the unanimous approval of the committee.
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7(3) Except as provided in sub. (4), the committee shall submit the following
8number of nominations:
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(a) To fill any vacancy if the member must be a retired judge of a court of record
10in this state, 2 nominations.
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(b) To fill one vacancy if the member must be a former elective official of a local
12governmental unit, 2 nominations.
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(c) To fill 2 vacancies, if both members must be former elective officials of local
14governmental units in this state, 3 nominations.
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(d) To fill one vacancy in any other position, 2 nominations.
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(e) To fill 2 vacancies in any other positions, 3 nominations.
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(f) To fill 3 vacancies in any other positions, 5 nominations.
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(g) To fill 4 vacancies in any other positions, 6 nominations.