Statutes interpreted
Explanation of agency authority
This rule repeals rules sections Eth 3.01 and 3.04, and amends section ElBd 10.01, which would have interpreted Subchapter
I of Chapter 5 of the Wisconsin Statutes, as amended by
2007 Wisconsin Act 1. Those rules prescribe procedures related to processing complaints with the former State Ethics Board and with the former State Elections Board. Under
2007 Wisconsin Act 1, those agencies have merged to become the Government Accountability Board. The complaint procedure under ss. Eth 3.01 and 3.04 no longer applies to complaints filed with the Government Accountability Board under
2007 Wisconsin Act 1 and the complaint procedure under ElBd ch.
10 no longer applies to campaign finance complaints. The previous complaint procedure of the former Ethics Board, and the previous campaign finance complaint procedure of the Elections Board is inconsistent with the new Government Accountability Board complaint procedure, which is now provided by statute rather than administrative rule. Therefore, those rules need to be repealed.
Related statute or rule
Sections
11.60,
13.69, and
19.535, Stats., relating to the enforcement of the campaign finance, lobbying and ethics laws.
Plain language analysis
This rule repeals rules sections Eth 3.01 and 3.04, and amends section ElBd 10.01, (which would have interpreted Subchapter
I of Chapter 5 of the Wisconsin Statutes, as amended by
2007 Wis. Act 1), in anticipation of a future rule governing campaign finance, ethics and lobbying complaints under the new law enacted in
2007 Wis. Act 1.
Comparison with federal regulations
Considering that this rule repeals two existing former Ethics Board rules and effectively repeals a portion of a rule of the former Elections Board, comparison with existing federal regulations is inapposite. Federal law does enforce violations of campaign finance, lobbying and ethics laws at the federal level only.
Comparison with rules in adjacent states
The States of Illinois, Iowa, Michigan and Minnesota have not enacted legislation comparable to
2007 Wisconsin Act 1 and have not sought the repeal of enforcement provisions comparable to those included in this rule.
Given the purpose and tenor of this rule repealing administrative provisions, comparison with existing provisions of other states, as with a comparison to federal law, is inapposite.
Summary of factual data and analytical methodologies
Adoption of the rule was predicated on eliminating provisions of the former Ethics Board's and Elections Board's rules that were inconsistent with the provisions or intent of the new law merging those agencies into the new Government Accountability Board.
Analysis and supporting documents used to determine effect on small business
Preparation of an economic impact report is not required. The Government Accountability Board does not anticipate the repeal of the described provisions will have an economic impact.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Text of Proposed Rule
SECTION 1. Eth 3.01 and 3.04 are repealed.
SECTION 2. ElBd 10.01 is amended to read:
ElBd 10.01 Applicability. This chapter applies to complaints filed with the state elections board pursuant to ss.5.05(3), 5.06, 11.60(5) and
11.66 5.061, Stats., requesting the elections board to enforce the election and campaign finance laws and compliance with the Help America Vote Act. This chapter does not apply to complaints to challenge nomination papers or petitions which are filed under s.2.05 or 2.11.
Notice of Hearing
Workforce Development
Correction: On page 35 of the 4-30-08 Register, a hearing notice is incorrectly labeled
CR 08-029. The correct number is
CR 08-034.
