LRB-3073/3
JK&TKK:cjs&kjf&wlj
2015 - 2016 LEGISLATURE
October 9, 2015 - Introduced by Representatives Knudson, Bernier, Knodl,
August, Ballweg, R. Brooks, Czaja, Hutton, Jagler, Katsma, Kerkman,
Kleefisch, Kooyenga, Kremer, Kuglitsch, T. Larson, Loudenbeck, Nygren,
A. Ott, J. Ott, Skowronski, Vorpagel, Sanfelippo and Allen, cosponsored by
Senators Vukmir, LeMahieu, S. Fitzgerald, Nass, Wanggaard, Darling,
Kapenga and Stroebel. Referred to Committee on Campaigns and Elections.
AB388,3,7
1An Act to repeal 5.05 (1m), 5.05 (2m) (c) 3., 5.05 (2m) (c) 8., 5.05 (2m) (g), 5.05
2(2s), 5.052, 5.054, 5.09, 5.68 (3m), 13.62 (4), 15.07 (1) (a) 2., 15.07 (2) (b), 15.07
3(5) (m), 15.60 (title), 15.60 (2), 15.60 (3), 15.60 (5), 15.60 (7), 15.603 (title), 15.603
4(1) (title), 15.603 (2) (title), 15.607, 19.42 (3), 20.511 (intro.) and (1) (title),
520.511 (1) (im), 20.923 (4) (f) 3j., 230.08 (2) (e) 4h., 230.08 (2) (on) and 758.19 (9);
6to renumber 5.05 (2m) (c) 2. b., 15.60 (6), 20.511 (1) (bm), 20.511 (1) (c), 20.511
7(1) (d), 20.511 (1) (t) and 20.511 (1) (x);
to renumber and amend 5.02 (1s), 5.05
8(2), 5.05 (6a), 12.01, 15.06 (2), 15.60 (1), 15.60 (4), 15.60 (8), 15.603 (1), 15.603
9(2), 19.47, 19.851, 20.511 (1) (a), 20.511 (1) (be), 20.511 (1) (g), 20.511 (1) (h),
1020.511 (1) (i), 20.511 (1) (j), 20.511 (1) (jm) and 20.511 (1) (m);
to consolidate,
11renumber and amend 5.05 (5s) (f) 2. a. and b.;
to amend 5.01 (4) (a), 5.05
12(title), 5.05 (1) (intro.), 5.05 (1) (b), 5.05 (1) (c), 5.05 (1) (d), 5.05 (1) (e), 5.05 (1)
13(f), 5.05 (1e), 5.05 (2m) (a), 5.05 (2m) (c) 2. a., 5.05 (2m) (c) 4., 5.05 (2m) (c) 5.
14(intro.), 5.05 (2m) (c) 6. a., 5.05 (2m) (c) 6. b., 5.05 (2m) (c) 12., 5.05 (2m) (c) 13.,
15.05 (2m) (c) 14., 5.05 (2m) (d) 1., 5.05 (2m) (h), 5.05 (2m) (i), 5.05 (2w), 5.05 (3g),
25.05 (5e), 5.05 (5s) (intro.), 5.05 (5s) (b), 5.05 (5s) (bm), 5.05 (5s) (d), 5.05 (5s) (f)
32. c., 5.05 (9), 5.05 (10), 5.05 (11), 5.055, 5.056, 5.07, 5.08, 5.40 (7), 5.58 (2), 5.58
4(2m), 5.60 (1) (b), 5.62 (4) (b), 5.93, 6.26 (3), 6.275 (1) (f), 6.275 (2), 6.33 (5) (a),
56.36 (1) (b) 1. a., 6.36 (1) (bm), 6.36 (2) (a), 6.50 (2g), 6.50 (7), 6.56 (3), 6.95, 6.96,
66.97 (1), 7.03 (1) (a), 7.03 (1) (b), 7.03 (2), 7.08 (title), 7.08 (1) (a), 7.08 (4), 7.15
7(1) (g), 7.41 (5), 7.52 (1) (a), 7.60 (4) (a), 7.60 (5), 7.70 (3) (b), 7.70 (3) (i), 7.70 (5)
8(a), 8.05 (1) (j) 3., 8.10 (5), 8.10 (6) (a), 8.15 (4) (b), 8.17 (9) (a), 8.20 (6), 8.20 (7),
98.30 (2m), 8.50 (1) (a), 8.50 (3) (a), 8.50 (3) (e), 9.01 (1) (a) 1., 9.01 (1) (a) 4., 9.01
10(1) (ag) 4., 9.01 (1) (ar) 3., 9.01 (5) (a), 9.01 (5) (bm), 9.01 (5) (c), 9.01 (6) (a), 9.01
11(7) (a), 9.01 (8) (a), 9.01 (8) (c), 9.01 (8) (d), 9.01 (10), 10.06 (1) (title), 11.09, 11.21
12(title), 11.21 (7) (intro.), 11.30 (2) (fm), 11.60 (4), 11.61 (2), 12.13 (5) (a), 13.123
13(3) (b) 2., 13.23, 13.63 (1) (a), 13.685, 14.38 (10m), 15.01 (2), 15.04 (1) (d), 15.06
14(5), 15.06 (6), 15.07 (1) (cm), 15.07 (4), 16.753 (2), 16.79 (2), 16.96 (3) (b), 16.973
15(6), 17.17 (1), 17.17 (4), 19.43 (4), 19.43 (5), 19.46 (1) (intro.), 19.48 (intro.), 19.48
16(1), 19.48 (2), 19.48 (3), 19.48 (7), 19.48 (9), 19.55 (1), 19.55 (2) (c), 19.59 (1) (g)
178., 19.85 (1) (h), 19.851 (title), 20.505 (1) (d), 20.930, 20.9305 (2) (e) (intro.),
1838.16 (3) (br) 3., 45.44 (1) (b), 49.165 (4) (a), 59.605 (3) (a) 3., 67.05 (3) (b), 67.05
19(6), 73.0301 (1) (d) 13., 73.0301 (1) (e), 85.61 (1), 108.227 (1) (e) 13., 108.227 (1)
20(f), 117.20 (2), 117.27 (2) (b) (intro.), 121.91 (3) (c), 125.05 (1) (b) 10., 165.25 (1),
21165.93 (4) (a), 198.08 (10), 200.09 (11) (am) 2., 200.09 (11) (am) 3., 227.03 (6),
22227.52 (6), 230.08 (4) (a), 234.02 (3m) (c), 301.03 (20m), 343.11 (2m), 756.04 (2)
23(c) 1., 778.135, 978.05 (1) and 978.05 (2); and
to create 5.05 (2m) (k), 5.05 (2q),
245.05 (3d), 5.05 (5s) (am), 5.05 (5t), 5.05 (6a) (a) 3., 5.05 (6a) (b) 2., 5.05 (6a) (b)
253., 5.05 (6a) (c) 1., 5.05 (6a) (c) 4., 5.05 (16), 5.05 (17), 11.01 (4m), 12.01 (2), 13.62
1(5m), 15.06 (1) (d), 15.06 (1) (e), 15.06 (2) (b), 15.06 (3) (a) 5., 15.06 (3) (a) 6., 15.06
2(10), 15.61 (title), 15.61 (1) (a) 1. to 6., 15.61 (5), 15.62, 19.42 (4p), 19.42 (10) (a),
319.46 (2), 19.47 (title), 19.47 (1), (2) and (4) to (10), 19.49, 19.50, 19.55 (3), 19.55
4(4), 19.552, 19.554, 19.58 (4), 20.510 (intro.) and (1) (title), 20.510 (1) (br), 20.521
5(intro.) and (1), 230.08 (2) (eL) and 230.08 (2) (et) of the statutes;
relating to:
6reorganizing the Government Accountability Board, requiring the exercise of
7rule-making authority, and making appropriations.
Analysis by the Legislative Reference Bureau
This bill makes the following changes to the structure and operation of the
Government Accountability Board (GAB):
Board Governance
Currently, the GAB is under the direction and supervision of a board of six
members. All six members are former judges appointed by the governor from
nominations submitted by a committee comprised of one court of appeals judge from
each court of appeals district. Currently, board members are appointed with the
advice and consent of two-thirds of the members of the senate and serve six-year
terms. One term expires each May 1.
This bill eliminates the GAB and replaces it with an Elections Commission,
which administers and supervises elections, and an Ethics Commission, which
administers and supervises ethics, campaign financing, and lobbying regulation.
Under the bill, the Elections Commission consists of at least six persons, who
serve five-year terms:
1) One individual appointed by the majority leader in the senate;
2) One individual appointed by the minority leader in the senate;
3) One individual appointed by the speaker of the assembly.
4) One individual appointed by the minority leader of the assembly; and
5) Two former municipal or county clerks, selected by the leadership in both
houses and nominated by the governor with the advice and consent of the senate
confirmed.
In addition, the bill requires the appointment to the Elections Commission of
one member for each political party, other than the two major political parties,
qualifying for a separate ballot whose candidate for governor received at least 10
percent of the vote in the most recent gubernatorial election. The individual must
be nominated by the governor from a list of three individuals selected by the chief
officer of that political party.
The Ethics Commission consists of at least six persons who serve five-year
terms:
1) One individual appointed by the majority leader in the senate;
2) One individual appointed by the minority leader in the senate;
3) One individual appointed by the speaker of the assembly;
4) One individual appointed by the minority leader of the assembly; and
5) Two individuals selected by the leadership in both houses and nominated by
the governor with the advice and consent of the senate confirmed.
In addition, the bill requires the appointment to the Ethics Commission of one
member for each political party, other than the two major political parties, qualifying
for a separate ballot whose candidate for governor received at least 10 percent of the
vote in the most recent gubernatorial election. The individual must be nominated
by the governor from a list of three individuals selected by the chief officer of that
political party and confirmed by a majority of the senate.
Currently, the chairperson of the board is selected by lot by the current
chairperson. Under the bill, the chairperson of each commission is chosen by the
affirmative vote of at least a majority of the members of the commission.
Currently, the GAB is required to employ an individual to serve as legal counsel
to perform legal and administrative functions for the board. The bill eliminates the
requirement that either commission hire legal counsel.
Ethics Commission
Under the bill, the Ethics Commission is supervised by an administrator who
is appointed by at least a majority of the members of the commission. The
administrator is appointed with the advice and consent of the senate to serve for a
four-year term expiring on July 1 of the odd-numbered year.
Elections Commission
Under the bill, the Elections Commission is supervised by an administrator
who is appointed by at least a majority of the members of the commission. The
administrator is appointed with the advice and consent of the senate to serve for a
four-year term expiring on July 1 of the odd-numbered year. The bill also provides
that the administrator of the Elections Commission, rather than an employee that
the commission designates, is the chief election officer of this state.
Investigations
Currently, the GAB must investigate violations of laws administered by the
GAB and may prosecute alleged civil violations. Current law permits the board to
refer a matter to a district attorney, special prosecutor, or to the attorney general.
This bill provides that, except for violations that result in a payment not exceeding
$2,500, the Elections and Ethics commissions may only investigate violations of laws
administered by the respective commissions upon the filing of a sworn complaint
with the respective commission. The bill prohibits any member of either commission
or any employee of either commission from filing such a sworn complaint.
If, during the course of an ongoing investigation, either the Elections
Commission or the Ethics Commission determines that it needs additional funding,
that commission must make a request to the Joint Committee on Finance and the
secretary of administration. The commission must include in its request information
about the nature of the investigation for which additional funding is sought,
excluding the name of any individual or organization that is the subject of the
investigation.
Advisory Opinions
Current law permits any individual, organization, or governmental body to
request an advisory opinion from the GAB; in response, the GAB may issue a formal
or an informal advisory opinion. If the board issues an opinion on an elections
matter, the board must make the opinion and records about the opinion public.
Current law prohibits the board from revealing the identify of or releasing
information obtained in connection with any advisory opinion requested by an
individual or organization on an ethics or accountability matter unless the
individual or organization consents to the release of that information. This bill
requires the Ethics Commission to make this information, other than the name of the
individual, organization, or governmental body making the request, public when it
relates to a formal advisory opinion issued by the Ethics Commission.
Current law requires the GAB to biennially submit to the legislature a report
on the performance and operation of the GAB during the preceding biennium. This
bill requires the Elections and Ethics commissions to submit annual reports to the
legislature and to include in those reports information about the number of
investigations conducted, a description of the nature of the investigation, and, in the
case of the Ethics Commission, whether the investigation related to campaign
finance, ethics, or lobbying.
Transitional Provisions
Under the bill, all full-time equivalent positions currently authorized for GAB
are transferred to the Elections and Ethics commissions. All incumbents in those
positions except the director and general counsel of GAB are also transferred. In
addition, the bill transfers the assets and liabilities, tangible personal property,
contracts, rules, orders, formal opinions, and pending matters of GAB to the
Elections and Ethics commissions. The bill directs the secretary of administration
to determine which positions, employees, assets and liabilities, property, contracts,
rules, orders, opinions, and matters are transferred to which commission and to
adopt an implementation plan for the transfer containing his or her determinations.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB388,1
1Section
1. 5.01 (4) (a) of the statutes is amended to read:
AB388,6,32
5.01
(4) (a) If 2 or more candidates for the same office receive the greatest, but
3an equal number of votes, the winner shall be chosen by lot in the presence of the
4board of canvassers charged with the responsibility to determine the election, or in
5the case of an election for state or national office or metropolitan sewerage
1commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the
2presence of the chairperson of the
board elections commission or the chairperson's
3designee.
AB388,2
4Section
2. 5.02 (1s) of the statutes is renumbered 5.025 and amended to read:
AB388,6,6
55.025 Elections commission; definition. "Board In chs. 5 to 10 and 12,
6"commission" means the
government accountability board elections commission.
AB388,3
7Section
3. 5.05 (title) of the statutes is amended to read:
AB388,6,9
85.05 (title)
Government accountability board Elections commission;
9powers and duties.
AB388,4
10Section
4. 5.05 (1) (intro.) of the statutes is amended to read:
AB388,6,1511
5.05
(1) General authority. (intro.) The
government accountability board 12elections commission shall have the responsibility for the administration of chs. 5 to
1312, 10 and 12 and other laws relating to elections and election campaigns,
subch. III
14of ch. 13, and subch. III of ch. 19, other than laws relating to campaign financing.
15Pursuant to such responsibility, the
board commission may:
AB388,5
16Section
5. 5.05 (1) (b) of the statutes is amended to read:
AB388,7,317
5.05
(1) (b) In the discharge of its duties and after providing notice to any party
18who is the subject of an investigation, subpoena and bring before it any person and
19require the production of any papers, books, or other records relevant to an
20investigation. Notwithstanding s. 885.01 (4), the issuance of a subpoena requires
21action by the
board commission at a meeting of the
board commission.
A circuit court
22may by order permit the inspection and copying of the accounts and the depositor's
23and loan records at any financial institution, as defined in s. 705.01 (3), doing
24business in the state to obtain evidence of any violation of ch. 11 upon showing by the
25board of probable cause to believe there is a violation and that such accounts and
1records may have a substantial relation to the violation. In the discharge of its
2duties, the
board commission may cause the deposition of witnesses to be taken in
3the manner prescribed for taking depositions in civil actions in circuit court.
AB388,6
4Section
6. 5.05 (1) (c) of the statutes is amended to read:
AB388,8,75
5.05
(1) (c) Bring civil actions to require a forfeiture for any violation of chs. 5
6to
10 or 12
, subch. III of ch. 13, or subch. III of ch. 19 or a license revocation for any
7violation of subch. III of ch. 13 for which the offender is subject to a revocation. The
8board commission may compromise and settle any civil action or potential action
9brought or authorized to be brought by it which, in the opinion of the
board 10commission, constitutes a minor violation, a violation caused by excusable neglect,
11or which for other good cause shown, should not in the public interest be prosecuted
12under such chapter. Notwithstanding s. 778.06, a civil action or proposed civil action
13authorized under this paragraph may be settled for such sum as may be agreed
14between the parties. Any settlement made by the
board
commission shall be in such
15amount as to deprive the alleged violator of any benefit of his or her wrongdoing and
16may contain a penal component to serve as a deterrent to future violations. In
17settling civil actions or proposed civil actions, the
board commission shall treat
18comparable situations in a comparable manner and shall assure that any settlement
19bears a reasonable relationship to the severity of the offense or alleged offense.
20Except as otherwise provided in sub. (2m) (c) 15. and 16. and ss. 5.08
, and 5.081,
and
2119.59 (8), forfeiture
and license revocation actions brought by the
board commission 22shall be brought in the circuit court for the county where the defendant resides, or
23if the defendant is a nonresident of this state, in circuit court for the county wherein
24the violation is alleged to occur. For purposes of this paragraph, a person other than
25a natural person an individual resides within a county if the person's principal place
1of operation is located within that county. Whenever the
board commission enters
2into a settlement agreement with an individual who is accused of a civil violation of
3chs. 5 to
10 or 12
, subch. III of ch. 13, or subch. III of ch. 19 or who is investigated by
4the
board commission for a possible civil violation of one of those provisions, the
5board commission shall reduce the agreement to writing, together with a statement
6of the
board's commission's findings and reasons for entering into the agreement and
7shall retain the agreement and statement in its office for inspection.
AB388,7
8Section
7. 5.05 (1) (d) of the statutes is amended to read:
AB388,8,149
5.05
(1) (d) Sue for injunctive relief, a writ of mandamus or prohibition, or other
10such legal or equitable relief as may be appropriate to enforce any law regulating the
11conduct of elections or election campaigns
, other than laws regulating campaign
12financing, or ensure its proper administration. No bond is required in such actions.
13Actions shall be brought in circuit court for the county where a violation occurs or
14may occur.
AB388,8
15Section
8. 5.05 (1) (e) of the statutes is amended to read:
AB388,8,2316
5.05
(1) (e)
Delegate to its legal counsel the authority to intervene in a civil
17action or proceeding under sub. (9), issue Issue an order under s. 5.06, exempt a
18polling place from accessibility requirements under s. 5.25 (4) (a), exempt a
19municipality from the requirement to use voting machines or an electronic voting
20system under s. 5.40 (5m), approve an electronic data recording system for
21maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
22who is nominated to serve as an election official under s. 7.30 (4) (e)
, subject to such
23limitations as the board deems appropriate.
AB388,9
24Section
9. 5.05 (1) (f) of the statutes is amended to read:
AB388,9,4
15.05
(1) (f) Promulgate rules under ch. 227 applicable to all jurisdictions for the
2purpose of interpreting or implementing the laws regulating the conduct of elections
3or election campaigns
, other than laws regulating campaign financing, or ensuring
4their proper administration.
AB388,10
5Section
10. 5.05 (1e) of the statutes is amended to read:
AB388,9,86
5.05
(1e) Any action by the
board
commission, except an action relating to
7procedure of the commission, requires the affirmative vote of at least
4 two-thirds
8of the members.
AB388,11
9Section
11. 5.05 (1m) of the statutes is repealed.
AB388,12
10Section
12. 5.05 (2) of the statutes is renumbered 19.49 (2g) and amended to
11read:
AB388,9,1912
19.49
(2g) Auditing. In addition to the facial examination of reports and
13statements required under s. 11.21 (13), the
board
commission shall conduct an audit
14of reports and statements which are required to be filed with it to determine whether
15violations of ch. 11 have occurred. The
board commission may examine records
16relating to matters required to be treated in such reports and statements. The
board 17commission shall make official note in the file of a candidate, committee, group or
18individual under ch. 11 of any error or other discrepancy which the
board commission 19discovers and shall inform the person submitting the report or statement.
AB388,13
20Section
13. 5.05 (2m) (a) of the statutes is amended to read:
AB388,9,2521
5.05
(2m) (a) The
board commission shall investigate violations of laws
22administered by the
board commission and may prosecute alleged civil violations of
23those laws, directly or through its agents under this subsection, pursuant to all
24statutes granting or assigning that authority or responsibility to the
board 25commission. Prosecution of alleged criminal violations investigated by the
board
1commission may be brought only as provided in par. (c) 11., 14., 15., and 16. and s.
2978.05 (1).
For purposes of this subsection, the commission may only initiate an
3investigation of an alleged violation of chs. 5 to 10 and 12, other than an offense
4described under par. (c) 12., based on a sworn complaint filed with the commission,
5as provided under par. (c). Neither the commission nor any member or employee of
6the commission, including the commission administrator, may file a sworn complaint
7for purposes of this subsection.
AB388,14
8Section
14. 5.05 (2m) (c) 2. a. of the statutes is amended to read:
AB388,10,199
5.05
(2m) (c) 2. a. Any person may file a complaint with the
board commission 10alleging a violation of chs. 5 to
10 or 12
, subch. III of ch. 13, or subch. III of ch. 19.
11No later than 5 days after receiving a complaint, the commission shall notify each
12person who or which the complaint alleges committed such a violation. Before voting
13on whether to take any action regarding the complaint, other than to dismiss, the
14commission shall give each person receiving a notice under this subd. 2. a. an
15opportunity to demonstrate to the commission, in writing and within 15 days after
16receiving the notice, that the commission should take no action against the person
17on the basis of the complaint. The commission may not conduct any investigation
18or take any other action under this subsection solely on the basis of a complaint by
19an unidentified complainant.