Amendment SSA1-SB190

SB190-SSA1,35,17 (a) By more than 5% but not more than 10% cumulatively, the individual or committee shall forfeit 4 times the amount or value of the difference.

SB190-SSA1,35,19 (b) By more than 10% but not more than 15% cumulatively, the individual or committee shall forfeit 6 times the amount or value of the difference.

SB190-SSA1,35,21 (c) By more than 15% cumulatively, the individual or committee shall forfeit 8 times the amount of the difference.

SB190-SSA1, s. 91 Section 91 . 11.61 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB190-SSA1,36,2 11.61 (1) (a) Whoever Except as provided in par. (d), whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

SB190-SSA1, s. 92 Section 92 . 11.61 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB190-SSA1,36,9 11.61 (1) (b) Whoever Except as provided in par. (d), whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not involve a specific figure, or where the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

SB190-SSA1, s. 93 Section 93. 11.61 (1) (c) of the statutes is amended to read:

SB190-SSA1,36,15 11.61 (1) (c) Whoever Except as provided in par. (d), whoever intentionally violates any provision of this chapter other than those provided in par. (a) and whoever intentionally violates any provision under par. (b) where the intentional violation concerns a specific figure which does not exceed $100 in amount or value may be fined not more than $1,000 or imprisoned not more than 6 months or both.

SB190-SSA1, s. 94 Section 94 . 11.61 (1) (d) of the statutes is created to read:

SB190-SSA1,37,2 11.61 (1) (d) Whoever, with intent to conceal or deceive, accepts or transfers a contribution, makes a disbursement or incurs an obligation to make a disbursement for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (d), (e) or (f) or for a purpose specified in s. 11.01 (16) (a) 3. without first registering under s. 11.05 (1), (2) or (2g), to the extent required under s. 11.05 (1), (2) and (2g), or without reporting the information required under s. 11.12 (6) (b), (c) or (e) or (7) or 11.20 (3) or (4) with respect to that contribution, disbursement or obligation, to the extent required under ss. 11.12 (6) (b), (c) and (e) and (7) and 11.20 (3) and (4), may be fined not more than $10,000 or imprisoned for not more than 5 years, or both.

SB190-SSA1, s. 95 Section 95. 11.62 of the statutes is created to read:

SB190-SSA1,37,10 11.62 Nullification of election. (1) If one or more violations that are punishable under s. 11.60 (3t) (c) are of sufficient severity to have affected the result of an election, the board or the district attorney for any county where such a violation occurs, or any candidate who is adversely affected by the result of the election, may commence a civil action to obtain a judgment nullifying the election, vacating the office filled at the election and ordering a special election to be held to fill the office vacated by the judgment.

SB190-SSA1,37,25 (2) Notwithstanding s. 5.05 (1) (c), if a candidate is a party to an action commenced under this section, the action may not be compromised or settled without consent of the candidate. If an action under this section is commenced by the board or a district attorney and any unsuccessful candidate whose name appeared on the ballot at the election is not a party to the action, the board or district attorney shall provide at least 30 days' written notice to each such candidate of any intent of the board or district attorney to compromise and settle the action. Notwithstanding s. 5.05 (1) (c), during the 30-day period following service of notice, the board or district attorney shall not compromise and settle the action and any candidate upon whom notice is served may intervene in the action. If any such candidate intervenes in the action within the 30-day period following service of notice, the board or district attorney shall not compromise or settle the action. If no nonconsenting candidate who is adversely affected by the result of the election is a party to the action and no such candidate intervenes in the action within the 30-day period following service of notice, the party commencing the action may compromise and settle the action.

SB190-SSA1, s. 96 Section 96. 14.58 (20) of the statutes is amended to read:

SB190-SSA1,38,5 14.58 (20) Election campaign Clean government fund. Make disbursements to each candidate certified under s. 7.08 (2) (c) or (cm) by the elections board as eligible to receive moneys from the Wisconsin election campaign clean government fund.

SB190-SSA1, s. 97 Section 97. 20.510 (1) (q) of the statutes is amended to read:

SB190-SSA1,38,10 20.510 (1) (q) Wisconsin election campaign Clean government fund. As a continuing appropriation, from the Wisconsin election campaign clean government fund, the moneys amounts determined under s. 11.50 to provide for payments to eligible candidates certified under s. 7.08 (2) (c) and (cm).

SB190-SSA1, s. 98 Section 98. 20.855 (4) (b) of the statutes is repealed.

SB190-SSA1, s. 99 Section 99. 20.855 (4) (bb) of the statutes is created to read:

SB190-SSA1,38,17 20.855 (4) (bb) Clean government fund supplement. A sum sufficient equal to the amounts required to make full payment of grants which candidates qualify to receive from the clean government fund, to be transferred from the general fund to the clean government fund no later than the time required to make payments of grants under s. 11.50 (5).

SB190-SSA1, s. 100 Section 100. 25.17 (1) (ys) of the statutes is amended to read:

SB190-SSA1,38,19 25.17 (1) (ys) Wisconsin election campaign Clean government fund (s. 25.42);

SB190-SSA1, s. 101 Section 101. 25.42 of the statutes is amended to read:

SB190-SSA1,39,2 25.42 Wisconsin election campaign Clean government fund. All moneys appropriated under s. 20.855 (4) (b) (bb) together with all moneys reverting to the state under s. 11.50 (8) and all gifts, bequests and devises received under s. 11.50 (13) constitute the Wisconsin election campaign clean government fund, to be expended for the purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall continue to accumulate indefinitely.

SB190-SSA1, s. 102 Section 102. 71.10 (3) of the statutes is repealed.

SB190-SSA1, s. 103 Section 103. Nonstatutory provisions.

SB190-SSA1,39,6 (1) Notwithstanding section 990.001 (11) of the statutes, if a court finds that any provision of this act is unconstitutional, the entire act is void.

SB190-SSA1, s. 104 Section 104. Initial applicability.

SB190-SSA1,39,10 (1) The treatment of sections 11.12 (7) (d), 11.26 (10a), 11.31 (9) and 11.50 (9a) of the statutes first applies to adjustments for the biennium beginning on January 1, 2002.

SB190-SSA1,39,11 (End)