AB388-engrossed,66,166 15.61 (1) (b) There is created in the government accountability board an
7elections division.
The elections division commission shall be under the direction
8and supervision of an administrator, who shall be appointed by a majority of the
9members of
the board commission, with the advice and consent of the senate, to serve
10for a 4-year term expiring on July 1 of the odd-numbered year. Until the senate has
11confirmed an appointment made under this subsection, the elections commission
12shall be under the direction and supervision of an interim administrator selected by
13a majority of the members of the commission. If a vacancy occurs in the
14administrator position, the commission shall appoint a new administrator, and
15submit the appointment for senate confirmation, no later than 45 days after the date
16of the vacancy
.
AB388-engrossed,168 17Section 168. 15.607 of the statutes is repealed.
AB388-engrossed,169 18Section 169. 15.61 (title) of the statutes is created to read:
AB388-engrossed,66,19 1915.61 (title) Elections commission; creation.
AB388-engrossed,170 20Section 170. 15.61 (1) (a) 1. to 6. of the statutes are created to read:
AB388-engrossed,66,2121 15.61 (1) (a) 1. One member appointed by the senate majority leader.
AB388-engrossed,66,2222 2. One member appointed by the senate minority leader.
AB388-engrossed,66,2323 3. One member appointed by the speaker of the assembly.
AB388-engrossed,66,2424 4. One member appointed by the assembly minority leader.
AB388-engrossed,67,6
15. Two members who formerly served as county or municipal clerks and who
2are nominated by the governor, with the advice and consent of a majority of the
3members of the senate confirmed. The legislative leadership of the 2 major political
4parties that received the largest number of votes for president shall prepare a list of
5not more than 3 individuals such that each major political party has prepared one
6list. The governor shall choose one nominee from each list.
AB388-engrossed,67,127 6. For each political party, other than the 2 major political parties, qualifying
8for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received
9at least 10 percent of the vote in the most recent gubernatorial election, one member,
10nominated by the governor from a list of 3 individuals selected by the chief officer of
11that political party and with the advice and consent of a majority of the members of
12the senate confirmed.
AB388-engrossed,170m 13Section 170m. 15.61 (1m) of the statutes is created to read:
AB388-engrossed,67,1514 15.61 (1m) Members appointed with the advice and consent of the senate may
15serve prior to senate confirmation.
AB388-engrossed,171 16Section 171. 15.61 (5) of the statutes is created to read:
AB388-engrossed,67,2017 15.61 (5) (a) 1. Except as provided in subd. 2., if a vacancy occurs for a member
18appointed under sub. (1) (a) 1. to 4., the individual responsible for making the
19appointment shall appoint a new member no later than 45 days after the date of the
20vacancy.
AB388-engrossed,67,2421 2. If the political party affiliation of the individual responsible for filling a
22vacancy under this paragraph is not the same as the political party affiliation of the
23individual who made the initial appointment, the legislative leader of the political
24party that made the initial appointment shall fill the vacancy.
AB388-engrossed,68,3
1(b) If a vacancy occurs for a member appointed under sub. (1) (a) 5. or 6., a new
2member shall be selected, nominated, and submitted to the senate for confirmation
3no later than 45 days after the date of the vacancy.
AB388-engrossed,172 4Section 172. 15.62 of the statutes is created to read:
AB388-engrossed,68,6 515.62 Ethics commission; creation. (1) (a) There is created an ethics
6commission consisting of the following members who shall serve for 5-year terms:
AB388-engrossed,68,77 1. One member appointed by the senate majority leader.
AB388-engrossed,68,88 2. One member appointed by the senate minority leader.
AB388-engrossed,68,99 3. One member appointed by the speaker of the assembly.
AB388-engrossed,68,1010 4. One member appointed by the assembly minority leader.
AB388-engrossed,68,1511 5. Two members, nominated by the governor and with the advice and consent
12of a majority of the members of the senate confirmed. The legislative leadership of
13the 2 major political parties that received the largest number of votes for president
14shall prepare a list of not more than 3 individuals such that each major political party
15has prepared one list. The governor shall choose one nominee from each list.
AB388-engrossed,68,2116 6. For each political party, other than the 2 major political parties, qualifying
17for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received
18at least 10 percent of the vote in the most recent gubernatorial election, one member,
19nominated by the governor from a list of 3 individuals selected by the chief officer of
20that political party and with the advice and consent of a majority of the members of
21the senate confirmed.
AB388-engrossed,68,23 22(1m) Members appointed with the advice and consent of the senate may serve
23prior to senate confirmation.
AB388-engrossed,69,3
1(2) No member of the commission may hold another office or position that is
2a state public office or a local public office, as defined in s. 19.42, except the office of
3circuit judge or court of appeals judge under s. 753.075.
AB388-engrossed,69,5 4(3) No member, while serving on the commission, may become a candidate, as
5defined in s. 11.01 (1), for state office or local office, as defined in s. 5.02.
AB388-engrossed,69,8 6(4) No member may be a lobbyist, as defined in s. 13.62 (11), or an employee
7of a principal, as defined in s. 13.62 (12), except that a member may serve as a circuit
8judge or court of appeals judge under s. 753.075.
AB388-engrossed,69,12 9(5) (a) 1. Except as provided in subd. 2., if a vacancy occurs for a member
10appointed under sub. (1) (a) 1. to 4., the individual responsible for making the
11appointment shall appoint a new member no later than 45 days after the date of the
12vacancy.
AB388-engrossed,69,1613 2. If the political party affiliation of the individual responsible for filling a
14vacancy under this paragraph is not the same as the political party affiliation of the
15individual who made the initial appointment, the legislative leader of the political
16party that made the initial appointment shall fill the vacancy.
AB388-engrossed,69,1917 (b) If a vacancy occurs for a member appointed under sub. (1) (a) 5. or 6., a new
18member shall be selected, nominated, and submitted to the senate for confirmation
19no later than 45 days after the date of the vacancy.
AB388-engrossed,173 20Section 173. 16.753 (2) of the statutes is amended to read:
AB388-engrossed,70,221 16.753 (2) Except as otherwise expressly provided, each agency shall provide
22to the government accountability board ethics commission for posting on the
23Internet a list identifying each solicitation for bids or competitive sealed proposals
24and each proposed order or contract of the agency for which bids or competitive

1sealed proposals will not be solicited that involves a major expenditure, together
2with all information required under sub. (4).
AB388-engrossed,174 3Section 174. 16.79 (2) of the statutes is amended to read:
AB388-engrossed,70,124 16.79 (2) The department shall distribute in pamphlet form copies of the
5constitution and such laws as may be required to meet the public demand, including
6the election laws. The department shall distribute election manuals, forms, and
7supplies specified by the government accountability board elections commission.
8The laws, manuals, forms, and supplies shall be sold by the department at cost,
9including distribution cost as determined under s. 35.80. The government
10accountability board
elections commission shall inform the department in writing as
11to which election manuals, forms, and supplies shall be offered for distribution under
12this subsection.
AB388-engrossed,175 13Section 175. 16.96 (3) (b) of the statutes is amended to read:
AB388-engrossed,70,1714 16.96 (3) (b) Maintain and keep current throughout the decade the maps of
15congressional and legislative district boundaries received from the legislative
16reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the
17government accountability board elections commission.
AB388-engrossed,176 18Section 176. 16.973 (6) of the statutes is amended to read:
AB388-engrossed,70,2319 16.973 (6) With the advice of the government accountability board ethics
20commission
, adopt and enforce standards of ethical conduct applicable to its paid
21consultants which are similar to the standards prescribed in subch. III of ch. 19,
22except that the department shall not require its paid consultants to file statements
23of economic interests.
AB388-engrossed,177 24Section 177. 17.17 (1) of the statutes is amended to read:
AB388-engrossed,71,4
117.17 (1) Senators and members of congress. In the office of United States
2senator or member of congress from this state, by the county clerk of the county
3wherein such officer resided at the time of election, to the government accountability
4board
elections commission.
AB388-engrossed,178 5Section 178. 17.17 (4) of the statutes is amended to read:
AB388-engrossed,71,86 17.17 (4) Justices and judges. In the office of justice of the supreme court, court
7of appeals judge, or judge of a circuit court, by the director of state courts to the
8governor and the government accountability board elections commission.
AB388-engrossed,179 9Section 179. 19.42 (3) of the statutes is repealed.
AB388-engrossed,180 10Section 180. 19.42 (4p) of the statutes is created to read:
AB388-engrossed,71,1111 19.42 (4p) "Commission" means the ethics commission.
AB388-engrossed,181 12Section 181. 19.42 (10) (a) of the statutes is created to read:
AB388-engrossed,71,1313 19.42 (10) (a) A member or employee of the elections commission.
AB388-engrossed,182 14Section 182. 19.43 (4) of the statutes is amended to read:
AB388-engrossed,72,915 19.43 (4) A candidate for state public office shall file with the board commission
16a statement of economic interests meeting each of the requirements of s. 19.44 (1) no
17later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers
18for the office which the candidate seeks, or no later than 4:30 p.m. on the next
19business day after the last day whenever that candidate is granted an extension of
20time for filing nomination papers or a declaration of candidacy under s. 8.05 (1) (j),
218.10 (2) (a), 8.15 (1), or 8.20 (8) (a),; no later than 4:30 p.m. on the 5th day after
22notification of nomination is mailed or personally delivered to the candidate by the
23municipal clerk in the case of a candidate who is nominated at a caucus ,; or no later
24than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally
25delivered to the candidate by the appropriate official or agency in the case of a

1write-in candidate or candidate who is appointed to fill a vacancy in nomination
2under s. 8.35 (2) (a). The information contained on the statement shall be current
3as of December 31 of the year preceding the filing deadline. Before certifying the
4name of any candidate for state public office under s. 7.08 (2) (a), the government
5accountability board
elections commission, municipal clerk, or board of election
6commissioners shall ascertain whether that candidate has complied with this
7subsection. If not, the government accountability board elections commission,
8municipal clerk, or board of election commissioners may not certify the candidate's
9name for ballot placement.
AB388-engrossed,183 10Section 183. 19.43 (5) of the statutes is amended to read:
AB388-engrossed,72,2111 19.43 (5) Each member of the investment board and each employee of the
12investment board who is a state public official shall complete and file with the
13government accountability board commission a quarterly report of economic
14transactions no later than the last day of the month following the end of each
15calendar quarter during any portion of which he or she was a member or employee
16of the investment board. Such reports of economic transactions shall be in the form
17prescribed by the government accountability board commission and shall identify
18the date and nature of any purchase, sale, put, call, option, lease, or creation,
19dissolution, or modification of any economic interest made during the quarter for
20which the report is filed and disclosure of which would be required by s. 19.44 if a
21statement of economic interests were being filed.
AB388-engrossed,184 22Section 184. 19.46 (1) (intro.) of the statutes is amended to read:
AB388-engrossed,72,2523 19.46 (1) (intro.) Except in accordance with the board's commission's advice
24under s. 5.05 (6a) sub. (2) and except as otherwise provided in sub. (3), no state public
25official may:
AB388-engrossed,185
1Section 185. 19.46 (2) of the statutes is created to read:
AB388-engrossed,73,152 19.46 (2) (a) 1. Any individual, either personally or on behalf of an organization
3or governmental body, may make a request of the commission in writing,
4electronically, or by telephone for a formal or informal advisory opinion regarding the
5propriety under ch. 11, subch. III of ch. 13, or this subchapter of any matter to which
6the person is or may become a party. Any appointing officer, with the consent of a
7prospective appointee, may request of the commission a formal or informal advisory
8opinion regarding the propriety under ch. 11, subch. III of ch. 13, or this subchapter
9of any matter to which the prospective appointee is or may become a party. The
10commission shall review a request for an advisory opinion and may issue a formal
11or informal written or electronic advisory opinion to the person making the request.
12Except as authorized or required for opinions specified in s. 19.55 (4) (b), the
13commission's deliberations and actions upon such requests shall be in meetings not
14open to the public. A member of the commission may, by written request, require the
15commission to review an advisory opinion.
AB388-engrossed,73,2216 2. To have legal force and effect, each formal and informal advisory opinion
17issued by the commission must be supported by specific legal authority under a
18statute or other law, or by specific case or common law authority. Each formal and
19informal advisory opinion shall include a citation to each statute or other law and
20each case or common law authority upon which the opinion is based, and shall
21specifically articulate or explain which parts of the cited authority are relevant to the
22commission's conclusion and why they are relevant.
AB388-engrossed,73,2523 3. No person acting in good faith upon a formal or informal advisory opinion
24issued by the commission under this subsection is subject to criminal or civil
25prosecution for so acting, if the material facts are as stated in the opinion request.
AB388-engrossed,74,12
14. At each regular meeting of the commission, the commission administrator
2shall review informal advisory opinions requested of and issued by the administrator
3and that relate to recurring issues or issues of first impression for which no formal
4advisory opinion has been issued. The commission may determine to issue a formal
5advisory opinion adopting or modifying the informal advisory opinion. If the
6commission disagrees with a formal or informal advisory opinion that has been
7issued by or on behalf of the commission, the commission may withdraw the opinion,
8issue a revised formal or informal advisory opinion, or request an opinion from the
9attorney general. No person acting after the date of the withdrawal or issuance of
10the revised advisory opinion is exempted from prosecution under this subsection if
11the opinion upon which the person's action is based has been withdrawn or revised
12in relevant degree.
AB388-engrossed,74,1613 5. Except as authorized or required under s. 19.55 (4) (b), no member or
14employee of the commission may make public the identity of the individual
15requesting a formal or informal advisory opinion or of individuals or organizations
16mentioned in the opinion.
AB388-engrossed,74,2217 (b) 1. The commission may authorize the commission administrator or his or
18her designee to issue an informal written advisory opinion or transmit an informal
19advisory opinion electronically on behalf of the commission, subject to such
20limitations as the commission deems appropriate. Every informal advisory opinion
21shall be consistent with applicable formal advisory opinions issued by the
22commission, statute or other law, and case law.
AB388-engrossed,75,323 2. Any individual may request in writing, electronically, or by telephone an
24informal advisory opinion from the commission under this paragraph. The
25commission's designee shall provide a written response, a written reference to an

1applicable statute or law, or a written reference to a formal advisory opinion of the
2commission to the individual, or shall refer the request to the commission for review
3and the issuance of a formal advisory opinion.
AB388-engrossed,75,64 3. Any person receiving an informal advisory opinion under this paragraph
5may, at any time, request a formal advisory opinion from the commission on the same
6matter.
AB388-engrossed,75,147 (c) 1. Any individual may request in writing, electronically, or by telephone a
8formal advisory opinion from the commission or the review or modification of a
9formal advisory opinion issued by the commission under this paragraph. The
10individual making the request shall include all pertinent facts relevant to the matter.
11The commission shall review a request for a formal advisory opinion and may issue
12a formal advisory opinion to the individual making the request. Except as authorized
13or required for opinions specified in s. 19.55 (4) (b), the commission's deliberations
14and actions upon such requests shall be in meetings not open to the public.
AB388-engrossed,75,1815 2. Any person requesting a formal advisory opinion under this paragraph may
16request a public or private hearing before the commission to discuss the opinion. The
17commission shall grant a request for a public or private hearing under this
18paragraph.
AB388-engrossed,75,2119 3. Promptly upon issuance of each formal advisory opinion, the commission
20shall publish the opinion together with the information specified under s. 19.55 (4)
21(c) on the commission's Internet site.
AB388-engrossed,75,2422 4. If the commission declines to issue a formal advisory opinion, it may refer
23the matter to the attorney general or to the standing legislative oversight
24committees.
AB388-engrossed,186 25Section 186. 19.47 (title) of the statutes is created to read:
AB388-engrossed,76,1
119.47 (title) Operation.
AB388-engrossed,187 2Section 187. 19.47 of the statutes is renumbered 19.47 (3) and amended to
3read:
AB388-engrossed,76,64 19.47 (3) Statements of economic interests. All members and employees of
5the board commission shall file statements of economic interests with the board
6commission.
AB388-engrossed,188 7Section 188. 19.47 (1), (2) and (4) to (10) of the statutes are created to read:
AB388-engrossed,76,108 19.47 (1) Office. The office of the commission shall be in Madison, but the
9commission may, after proper public notice and in compliance with subch. V, meet or
10exercise any of its powers at any other place in the state.
AB388-engrossed,76,17 11(2) Administrator. The commission shall appoint an administrator in the
12manner provided under s. 15.62 (1) (b). The administrator shall be outside the
13classified service. The administrator shall appoint such other personnel as he or she
14requires to carry out the duties of the commission and may designate an employee
15of the commission to serve as legal counsel of the commission. The administrator
16shall perform such duties as the commission assigns to him or her in the
17administration of ch. 11, subch. III of ch. 13, and this subchapter.
AB388-engrossed,76,20 18(4) Action. Any action by the commission, except an action relating to
19procedure of the commission, requires the affirmative vote of at least two-thirds of
20its members.
AB388-engrossed,77,11 21(5) Annual report. The commission shall submit an annual report under s.
2215.04 (1) (d) and shall include in its annual report the names and duties of all
23individuals employed by the commission and a summary of its determinations and
24advisory opinions issued under s. 19.46 (2). Except as authorized or required under
25s. 19.55 (4) (b), the commission shall make sufficient alterations in the summaries

1to prevent disclosing the identities of individuals or organizations involved in the
2decisions or opinions. The commission shall identify in its report the statutory duties
3of the administrator of the commission, together with a description of the manner in
4which those duties are being fulfilled. Notwithstanding s. 19.55 (3) and s. 19.50, the
5commission shall also specify in its report the total number of investigations
6conducted by the commission since the last annual report and a description of the
7nature of each investigation, including whether the investigation related to
8campaign finance, ethics, or lobbying. The commission may also include in its
9annual report any information compiled under s. 11.21 (7). The commission shall
10make such further reports on the matters within its jurisdiction and such
11recommendations for legislation as it deems appropriate.
AB388-engrossed,77,13 12(6) Operation. The joint committee on legislative organization shall be
13advisory to the commission on all matters relating to operation of the commission.
AB388-engrossed,77,1914 (7) Guidance following binding court decisions. Within 2 months following
15the publication of a decision of a state or federal court that is binding on the
16commission and this state, the commission shall issue updated guidance or formal
17advisory opinions, commence the rule-making procedure to revise administrative
18rules promulgated by the commission, or request an opinion from the attorney
19general on the applicability of the court decision.
AB388-engrossed,77,22 20(8) Standing. The commission has standing to commence or intervene in any
21civil action or proceeding for the purpose of enforcing the laws regulating campaign
22finance, ethics, or lobbying or ensuring their proper administration.
AB388-engrossed,78,2 23(9) Policies and procedures. (a) Annually, the commission shall adopt written
24policies and procedures in order to govern its internal operations and management

1and shall annually report such policies and procedures to the appropriate standing
2committees of the legislature under s. 13.172 (3).
AB388-engrossed,78,73 (b) Notwithstanding par. (a), the commission may reconsider at any time any
4policy or procedure adopted as provided under par. (a). If, upon reconsideration, the
5commission revises a previously reported policy or procedure, the commission shall
6report the revision to the appropriate standing committees of the legislature under
7s. 13.172 (3).
AB388-engrossed,78,118 (c) The commission may reconsider at any time any written directives or
9written guidance provided to the general public or to any person subject to the
10provisions of ch. 11, subch. III of ch. 13, and this subchapter with regard to the
11enforcement and administration of those provisions.
AB388-engrossed,78,12 12(10) Employees. All employees of the commission shall be nonpartisan.
AB388-engrossed,78,17 13(11) Payments. The commission may accept payment by credit card, debit card,
14or other electronic payment mechanism for any amounts owed pursuant to the
15administration of ch. 11, subch. III of ch. 13, or this subchapter, and may charge a
16surcharge to the payer to recover charges associated with the acceptance of that
17electronic payment.
AB388-engrossed,189 18Section 189. 19.48 (intro.) of the statutes is amended to read:
AB388-engrossed,78,20 1919.48 Duties of the board ethics commission. (intro.) The board
20commission shall:
AB388-engrossed,190 21Section 190. 19.48 (1) of the statutes is amended to read:
AB388-engrossed,78,2422 19.48 (1) Promulgate rules necessary to carry out this subchapter and ch. 11,
23subch. III of ch. 13, and this subchapter. The board commission shall give prompt
24notice of the contents of its rules to state public officials who will be affected thereby.
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