AB387: Bill Text

AB387,109,10 (5) Notwithstanding sub. (1), any person who is subject to a requirement to pay a filing fee under s. 11.0102 and who fails to pay that fee within the time prescribed in that section shall forfeit $500 plus treble the amount of the fee payable by that person.

AB387,109,17 (6) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (h), 5.08, and 5.081, actions under this section may be brought by the board or, upon the board's determination of probable cause, by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than an individual resides within a county if the person's principal place of operation is located within that county.

AB387,109,21 (7) Any elector may file a verified petition with the board requesting that civil action under this chapter be brought against any person or committee. The petition shall allege such facts as are within the knowledge of the petitioner to show probable cause that a violation of this chapter has occurred.

AB387,109,24 (8) When a candidate committee treasurer or candidate's agent incurs an obligation or makes a disbursement, that action by the treasurer or agent is imputed to the candidate for purposes of civil liability under this subchapter.

AB387,110,3 (9) In civil actions under this chapter the acts of every member of a candidate committee are presumed to be with the candidate's knowledge or approval until clearly proven otherwise.

AB387,110,6 11.1401 Criminal penalties; prosecution. (1) (a) Whoever intentionally violates s. 11.1204 or any registration or reporting requirement under this chapter is guilty of a Class I felony.

AB387,110,10 (b) Whoever intentionally violates subch. XI or s. 11.1201, 11.1208, or 11.1303 is guilty of a Class I felony if the intentional violation does not involve a specific figure or if the intentional violation concerns a figure which exceeds $100 in amount or value.

AB387,110,12 (c) Whoever intentionally violates any of the following may be fined not more than $1,000 or imprisoned not more than 6 months or both:

AB387,110,13 1. Any provision of this chapter other than those provided in par. (a).

AB387,110,15 2. Any provision under par. (b) if the violation concerns a specific amount or value not exceeding $100.

AB387,110,22 (2) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (i), 5.08, and 5.081, and only after the board has determined probable cause, all prosecutions under this section shall be conducted by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than a individual resides within a county if the person's principal place of operation is located within that county.

AB387,111,7 (3) (a) If a successful candidate for public office, other than a candidate for the legislature, is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of ch. 12 under s. 12.60 (1) (a) committed during his or her candidacy, the court shall after entering judgment enter a supplemental judgment declaring a forfeiture of the candidate's right to office. The supplemental judgment shall be transmitted to the officer or agency authorized to issue the certificate of nomination or election to the office for which the person convicted is a candidate. If the candidate's term has not yet begun, the candidate shall not take office. If the candidate's term has begun, the office shall become vacant. The office shall then be filled in the manner provided by law.

AB387,111,12 (b) If a successful candidate for the legislature is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of ch. 12 under s. 12.60 (1) (a) committed during his or her candidacy, the court shall after entering judgment certify its findings to the presiding officer of the house of the legislature to which the candidate was elected.

AB387,25 Section 25. 12.07 (4) of the statutes is amended to read:

AB387,111,24 12.07 (4) No person may, directly or indirectly, cause any person to make a contribution or provide any service or other thing of value to or for the benefit of a candidate, political party or registrant committee registered under s. 11.05 chapter 11, with the purpose of influencing the election or nomination of a candidate to national, state or local office or the passage or defeat of a referendum by means of the denial or the threat of denial of any employment, position, work or promotion, or any compensation or other benefit of such employment, position or work, or by means of discharge, demotion or disciplinary action or the threat to impose a discharge, demotion or disciplinary action. This subsection does not apply to employment by a candidate, political party or other registrant committee registered under s. 11.05 chapter 11 in connection with a campaign or political party activities.

AB387,26 Section 26. 12.08 of the statutes is amended to read:

AB387,112,9 12.08 Denial of government benefits. No person may, directly or indirectly, cause any person to make a contribution or provide any service or other thing of value to or for the benefit of a candidate, political party or registrant committee registered under s. 11.05 chapter 11, with the purpose of influencing the election or nomination of a candidate to national, state, or local office or the passage or defeat of a referendum by means of the denial or threat of denial of any payment or other benefit of a program established or funded in whole or in part by this state or any local governmental unit of this state, or a program which has applied for funding by this state or any local governmental unit of this state.

AB387,27 Section 27. 12.13 (3) (h) of the statutes is amended to read:

AB387,112,18 12.13 (3) (h) Deface, destroy or remove any legally placed election campaign advertising poster with intent to disrupt the campaign advertising efforts of any candidate, or of any committee, group or individual committee registered under ch. 11, or alter the information printed thereon so as to change the meaning thereof to the disadvantage of the candidate or cause espoused. Nothing in this paragraph restricts the right of any owner or occupant of any real property, or the owner or operator of any motor vehicle, to remove campaign advertising posters from such property or vehicle.

AB387,28 Section 28. 12.60 (4) of the statutes is amended to read:

AB387,112,21 12.60 (4) Prosecutions under this chapter shall be conducted in accordance with s. 11.61 11.1401 (2).

AB387,29 Section 29. 13.62 (5g) of the statutes is amended to read:

AB387,112,23 13.62 (5g) "Candidate" has the meaning given under s. 11.01 (1) 11.0101 (1).

AB387,30 Section 30. 13.62 (5j) of the statutes is created to read:

AB387,112,25 13.62 (5j) "Candidate committee" has the meaning given in s. 11.0101 (2).

AB387,31 Section 31. 13.62 (5r) of the statutes is amended to read:

AB387,113,4 13.62 (5r) "Communications media" has the meaning given under s. 11.01 (5) means newspapers, periodicals, commercial billboards and radio and television stations, including community antenna television stations.

AB387,32 Section 32. 13.62 (5u) of the statutes is created to read:

AB387,113,6 13.62 (5u) "Contribution" has the meaning given in s. 11.0101 (8).

AB387,33 Section 33. 13.62 (11t) of the statutes is repealed.

AB387,34 Section 34. 13.625 (1) (b) (intro.) of the statutes is amended to read:

AB387,113,12 13.625 (1) (b) (intro.) Furnish Give to any agency official or legislative employee of the state or to any elective state official or candidate for an elective state office, or to the official's, employee's or candidate's personal campaign candidate committee of the official, employee, or candidate:

AB387,35 Section 35. 13.625 (1) (b) 3. of the statutes is amended to read:

AB387,113,19 13.625 (1) (b) 3. Food, meals, beverages, money or any other thing of pecuniary value, except that a lobbyist may make a campaign contribution to a partisan elective state official or candidate for national, state or local office or to the official's or candidate's personal campaign candidate committee of the official or candidate; but a lobbyist may make a contribution to which par. (c) sub. (1m) applies only as authorized in par. (c) sub. (1m).

AB387,36 Section 36. 13.625 (1) (c) (intro.) of the statutes is renumbered 13.625 (1m) (a) (intro.) and amended to read:

AB387,113,23 13.625 (1m) (a) (intro.) Except as permitted provided in this subsection, personally make par. (b), a lobbyist may not do any of the following:

AB387,114,3 1. Make a campaign personal contribution, as defined in s. 11.01 (6), to a partisan elective state official for the purpose of promoting the official's election to any national, state, or local office; or.

AB387,114,5 2. Make a personal contribution to a candidate for a partisan elective state office to be filled at the general election or a special election; or.

AB387,114,8 3. Make a personal contribution to the official's or candidate's personal campaign candidate committee of a partisan elective state official or candidate for partisan state elective office.

AB387,114,14 (b) A lobbyist may personally make a campaign personal contribution to a partisan elective state official or candidate for partisan elective state office or to the personal campaign candidate committee of the official or candidate in the year of a candidate's election between the first day authorized by law for the circulation of nomination papers as a candidate at a general election or special election and the day of the general election or special election, except that:

AB387,37 Section 37. 13.625 (1) (c) 1. of the statutes is renumbered 13.625 (1m) (b) 1. and amended to read:

AB387,114,19 13.625 (1m) (b) 1. A campaign contribution to a candidate for legislative office may be made during that period only if the legislature has concluded its final floorperiod, and is not in special or extraordinary session.

AB387,38 Section 38. 13.625 (1) (c) 2. of the statutes is renumbered 13.625 (1m) (b) 2. and amended to read:

AB387,114,24 13.625 (1m) (b) 2. A campaign contribution by a lobbyist to the lobbyist's campaign candidate committee for partisan elective state office may be made at any time.

AB387,39 Section 39. 13.625 (2) of the statutes is amended to read:

AB387,115,4 13.625 (2) No principal may engage in the practices prohibited under sub. subs. (1) (b) and (c) (1m). This subsection does not apply to the furnishing of transportation, lodging, food, meals, beverages, or any other thing of pecuniary value which is also made available to the general public.

AB387,40 Section 40. 13.625 (3) of the statutes is amended to read:

AB387,115,12 13.625 (3) No candidate for an elective state office, elective state official, agency official, or legislative employee of the state may solicit or accept anything of pecuniary value from a lobbyist or principal, except as permitted under subs. (1) (b) 3. and (c), (1m), (2), (4), (5), (6), (7), (8) and (9). No personal campaign candidate committee of a candidate for state office may accept anything of pecuniary value from a lobbyist or principal, except as permitted for such a candidate under subs. (1) (b) 3. and (c), (1m), (2), and (6).

AB387,41 Section 41. 13.625 (6r) of the statutes is amended to read:

AB387,115,23 13.625 (6r) Subsections (1) (b) and (c) , (1m), and (3) do not apply to the furnishing of anything of pecuniary value by a lobbyist or principal to an employee of that lobbyist or principal who is a legislative official or an agency official solely because of membership on a state commission, board, council, committee or similar body if the thing of pecuniary value is not in excess of that customarily provided by the employer to similarly situated employees and if the legislative official or agency official receives no compensation for his or her services other than a per diem or reimbursement for actual and necessary expenses incurred in the performance of his or her duties, nor to the receipt of anything of pecuniary value by that legislative official or agency official under those circumstances.

AB387,42 Section 42. 13.69 (6) of the statutes is amended to read:

AB387,116,4 13.69 (6) Any candidate for an elective state office, elective state official, agency official, or legislative employee of the state who, or any personal campaign candidate committee which, violates s. 13.625 (3) may be required to forfeit not more than $1,000.

AB387,43 Section 43. 13.695 (4) of the statutes is amended to read:

AB387,116,15 13.695 (4) No officer or employee of an agency who is identified in a statement filed under this section may engage in the prohibited practices set forth in s. 13.625 (1) (a) or (d), or use state funds to engage in the practices set forth in s. 13.625 (1) (b) or to make campaign contributions as defined in s. 11.01 (6) a contribution. This subsection does not prohibit an agency official who is identified in a statement filed under this section from authorizing salaries and other payments authorized by law to be paid to state officers, employees, consultants, or contractors, or candidates for state office, or from authorizing property or services of the agency to be provided for official purposes or other purposes authorized by law, whenever that action is taken in the normal course of affairs.

AB387,44 Section 44. 13.75 (intro.) of the statutes is renumbered 13.75 (1g) (intro.).

AB387,45 Section 45. 13.75 (1r) of the statutes is created to read:

AB387,116,20 13.75 (1r) The board may accept payment under this section by credit card, debit card, or other electronic payment mechanism, and may charge a surcharge to recover the actual cost associated with the acceptance of that electronic payment.

AB387,46 Section 46. 15.60 (5) of the statutes is amended to read:

AB387,117,2 15.60 (5) No member, for one year immediately prior to the date of nomination may have been, or 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, or an officer or employee of a registrant committee registered under s. 11.05 ch. 11.

AB387,47 Section 47. 15.60 (6) of the statutes is amended to read:

AB387,117,5 15.60 (6) No member, while serving on the board, may become a candidate, as defined in s. 11.01 (1) 11.0101 (1), for state office or local office, as defined in s. 5.02.

AB387,48 Section 48. 15.60 (7) of the statutes is amended to read:

AB387,117,12 15.60 (7) No member, while serving on the board, may make a contribution, as defined in s. 11.01 (6) 11.0101 (8), to a candidate, as defined in s. 11.01 (1) 11.0101 (1), for state office or local office, as defined in s. 5.02. No individual who serves as a member of the board, for 12 months prior to beginning that service, may have made a contribution, as defined in s. 11.01 (6) 11.0101 (8), to a candidate for a partisan state or local office, as defined in s. 5.02.

AB387,49 Section 49. 15.79 (2) (b) of the statutes is amended to read:

AB387,117,16 15.79 (2) (b) Directly or indirectly solicit or receive any contribution, as defined in s. 11.01 (6), for any political purpose, as defined in s. 11.01 (16) 11.0101 (8), from any person within or outside of the state.

AB387,50 Section 50. 19.42 (3m) of the statutes is amended to read:

AB387,117,19 19.42 (3m) "Candidate," except as otherwise provided, has the meaning given in s. 11.01 (1) 11.0101 (1).

AB387,51 Section 51. 19.45 (13) of the statutes is amended to read:

AB387,118,5 19.45 (13) No state public official or candidate for state public 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 person who is subject to a registration requirement committee registered under s. 11.05 ch. 11, or any person making a communication that contains a reference to a clearly identified state public official holding an elective office or to a candidate for state public office.

AB387,52 Section 52. 19.579 (1) of the statutes is amended to read:

AB387,118,22 19.579 (1) Except as provided in sub. (2), any person who violates this subchapter may be required to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of any other provision of this subchapter. If the court determines that the accused has realized economic gain as a result of the violation, the court may, in addition, order the accused to forfeit the amount gained as a result of the violation. In addition, if the court determines that a state public official has violated s. 19.45 (13), the court may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the court determines that a state public official has violated s. 19.45 (13) and no political contribution, service, or other thing of value was obtained, the court may order the official to forfeit an amount equal to the maximum contribution authorized under s. 11.26 11.1101 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the board, shall institute proceedings to recover any forfeiture incurred under this section which is not paid by the person against whom it is assessed.

AB387,53 Section 53. 19.59 (1) (br) of the statutes is amended to read:

AB387,119,8 19.59 (1) (br) No local public official or candidate for local public 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 person who is subject to a registration requirement committee registered under s. 11.05 ch. 11, or any person making a communication that contains a reference to a clearly identified local public official holding an elective office or to a candidate for local public office.

AB387,54 Section 54. 19.59 (7) (b) of the statutes is amended to read:

AB387,119,15 19.59 (7) (b) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that a local public official has violated sub. (1) (br) and no political contribution, service or other thing of value was obtained, the court may, in addition, order the accused to forfeit an amount equal to the maximum contribution authorized under s. 11.26 11.1101 (1) for the office held or sought by the official, whichever amount is greater.

AB387,55 Section 55. 20.511 (1) (a) of the statutes is amended to read:

AB387,119,21 20.511 (1) (a) General program operations; general purpose revenue. Biennially, the amounts in the schedule for general program operations of the board, including the printing of forms, materials, manuals, and election laws under ss. 7.08 (1) (b), (3), and (4) and 11.21 11.1304 (3) and (14), and the training of election officials under s. 5.05 (7).

AB387,56 Section 56. 20.511 (1) (i) of the statutes is amended to read:

AB387,119,25 20.511 (1) (i) Elections administration; program revenue. The amounts in the schedule for the administration of chs. 5 to 12. All moneys received from fees imposed under s. 11.055 (1) 11.0102 (2) shall be credited to this appropriation account.

AB387,57 Section 57. 20.511 (1) (j) of the statutes is amended to read:

AB387,120,4 20.511 (1) (j) Electronic filing software. All moneys received from registrants who purchase software to be utilized for electronic filing of campaign finance reports under s. 11.21 (16) 11.1304 (6), for the purpose of providing that software.

AB387,58 Section 58. 20.855 (6) (h) of the statutes is amended to read:

AB387,120,12 20.855 (6) (h) Vehicle and aircraft receipts. The amounts in the schedule for the purpose of subsidizing the cost of operation, maintenance, and depreciation of the vehicles and aircraft. All moneys received by state agencies under ss. 11.37 11.1206 and 20.916 (7) for political and other personal uses of state-owned vehicles and aircraft shall be credited to this appropriation. The department of administration may transfer moneys from this appropriation to the proper appropriation of any state agency from which state vehicle and aircraft costs are financed.

AB387,59 Section 59. 36.11 (1) (cm) of the statutes is amended to read:

AB387,120,17 36.11 (1) (cm) The board shall promulgate rules under ch. 227 prescribing the times, places, and manner in which political literature may be distributed and political campaigning may be conducted in state-owned residence halls. No such rule may authorize any activity prohibited under s. 11.36 (3) or 11.1207 (4) or (5).

AB387,60 Section 60. 111.365 (3) (a) of the statutes is amended to read:

AB387,120,19 111.365 (3) (a) The application of s. 11.36 11.1207.

AB387,61 Section 61. 120.06 (6) (b) 5. of the statutes is amended to read: