(12) Make the reports and statements filed under this chapter, including those reports and statements filed under sub. (11), available on the board's Internet site for public inspection and copying, commencing as soon as practicable but not later than the end of the 2nd day following the day during which they are received. No information copied from such reports and statements may be sold or utilized by any person for any commercial purpose.
(13) Upon the request of any person, permit copying of any report or statement described under sub. (12) by hand or by duplicating machine at cost.
(14) Include in its annual report under s. 19.47 (5) compilations of any of the following in its discretion:
(a) Total reported contributions, disbursements, and incurred obligations for all committees registered and reporting under this chapter during the biennium.
(b) Total amounts contributed during the biennium, reported by contribution amounts as determined by the board, to each type of committee registered and reporting under this chapter.
(c) Total amounts expended during the biennium, reported by disbursement amounts as determined by the board, by each type of committee registered and reporting under this chapter.
(d) Total amounts expended for influencing nominations and elections whenever separate information is reported.
(e) Aggregate amounts contributed by any contributors shown to have contributed more than $100.
(15) Prepare and publish from time to time special reports comparing the various totals and categories of contributions and disbursements made with respect to preceding elections.
(16) Make available a list of delinquents for public inspection.
(17) Promulgate rules to administer this chapter.
subchapter XIV
Penalties
11.1400 Civil penalties. (1) Any person who violates this chapter may be required to forfeit not more than $500 for each violation.
(2) In addition to the penalty under sub. (1), any person who is delinquent in filing a report required by this chapter may be required to forfeit not more than $50 or one percent of the annual salary of the office for which the candidate is being supported or opposed, whichever is greater, for each day of delinquency.
(3) Notwithstanding sub. (1), any person who makes any contribution in violation of this chapter may be required to forfeit treble the amount of the contribution or portion of that contribution which is illegally contributed.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
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.
(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.
(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:
1. Any provision of this chapter other than those provided in par. (a).
2. Any provision under par. (b) if the violation concerns a specific amount or value not exceeding $100.
(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.
(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.
(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.
117,24g
Section 24g. 11.1400 (5) of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:
11.1400 (5) Except as otherwise provided in ss.
5.05 (2m) (c) 15. and 16. and (h), 5.08, and 5.081 19.49 (2) (b) 13. and 14. and (g) and 19.554, 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.
117,24h
Section 24h. 11.1401 (2) of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:
11.1401 (2) Except as otherwise provided in ss.
5.05 (2m) (c) 15. and 16. and (h), 5.08, and 5.081 19.49 (2) (b) 13. and 14. and (h) and 19.554, 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.
117,25
Section
25. 12.07 (4) of the statutes is amended to read:
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. This subsection also does not apply to information provided by any person that expresses that person's opinion on any candidate or committee, any referendum or the possible effects of any referendum, or the policies advocated by any candidate or committee.
117,26
Section
26. 12.08 of the statutes is amended to read:
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.
117,27
Section
27. 12.13 (3) (h) of the statutes is amended to read:
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.
117,28
Section
28. 12.60 (4) of the statutes is amended to read:
12.60 (4) Prosecutions under this chapter shall be conducted in accordance with s. 11.61 11.1401 (2).
117,29
Section
29. 13.62 (5g) of the statutes is amended to read:
13.62 (5g) "Candidate" has the meaning given under s. 11.01 (1) 11.0101 (1).
117,30
Section
30. 13.62 (5j) of the statutes is created to read:
13.62 (5j) "Candidate committee" has the meaning given in s. 11.0101 (2).
117,31
Section
31. 13.62 (5r) of the statutes is amended to read:
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.
117,32
Section
32. 13.62 (5u) of the statutes is created to read:
13.62 (5u) "Contribution" has the meaning given in s. 11.0101 (8).
117,33
Section
33. 13.62 (11t) of the statutes is repealed.
117,34
Section
34. 13.625 (1) (b) (intro.) of the statutes is amended to read:
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:
117,35
Section
35. 13.625 (1) (b) 3. of the statutes is amended to read:
13.625 (1) (b) 3. Food, meals, beverages, money or any other thing of pecuniary value, except that a lobbyist may deliver a contribution or make a campaign personal 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 personal contribution to which par. (c) sub. (1m) applies only as authorized in par. (c) sub. (1m).
117,36
Section
36. 13.625 (1) (c) (intro.) of the statutes is renumbered 13.625 (1m) (a) (intro.) and amended to read:
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:
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.
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.
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.
(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:
117,37
Section
37. 13.625 (1) (c) 1. of the statutes is renumbered 13.625 (1m) (b) 1. and amended to read:
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.
117,38
Section
38. 13.625 (1) (c) 2. of the statutes is renumbered 13.625 (1m) (b) 2. and amended to read:
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.
117,39
Section
39. 13.625 (2) of the statutes is amended to read:
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.
117,40
Section
40. 13.625 (3) of the statutes is amended to read:
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).
117,41
Section
41. 13.625 (6r) of the statutes is amended to read:
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.
117,42
Section
42. 13.69 (6) of the statutes is amended to read:
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.
117,43
Section
43. 13.695 (4) of the statutes is amended to read:
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.
117,44
Section
44. 13.75 of the statutes is renumbered 13.75 (1g).
117,45
Section
45. 13.75 (1r) of the statutes is created to read:
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.
117,46
Section
46. 15.60 (5) of the statutes is amended to read:
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.
117,47
Section
47. 15.60 (6) of the statutes is amended to read:
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.
117,48
Section
48. 15.60 (7) of the statutes is amended to read:
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.
117,49
Section
49. 15.79 (2) (b) of the statutes is amended to read:
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.
117,50
Section
50. 19.42 (3m) of the statutes is amended to read:
19.42 (3m) "Candidate," except as otherwise provided, has the meaning given in s. 11.01 (1)
11.0101 (1).
