Amendment JR2 CA2-ASA1-AB1

AB1-ASA1-CA2,70,24 (b) In each certification under this subsection, the board shall specify the expiration date of the certification.

AB1-ASA1-CA2, s. 1qL Section 1qL. 11.60 (3r) of the statutes is created to read:

AB1-ASA1-CA2,71,6 11.60 (3r) Notwithstanding sub. (1), any committee who violates s. 11.12 (6) (am) or (c) may be required to forfeit not more than $500 for each day of continued violation. If an amount of a disbursement or obligation reported under s. 11.12 (6) (am) or (c) varies from the actual amount of the disbursement or obligation by greater than 5%, the committee filing the report shall also be required to forfeit the total amount of the actual disbursement or obligation.

AB1-ASA1-CA2, s. 1qn Section 1qn. 11.60 (4) of the statutes is amended to read:

AB1-ASA1-CA2,71,24 11.60 (4) Actions under this section arising out of an election for state office or a statewide referendum may be brought by the board or by the district attorney of the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for local office or local referendum may be brought by the district attorney of the county where the violation is alleged to have occurred. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county wherein the violation is alleged to have occurred. In addition, whenever a candidate or personal campaign committee or agent of a candidate is alleged to have violated this chapter, action may be brought by the district attorney of any county any part of which is contained within the jurisdiction or district in which the candidate seeks election. If a violation concerns a district attorney or circuit judge or candidate for such offices, the action shall be brought by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent of the attorney general and need not be a state employee at the time of appointment.".

AB1-ASA1-CA2,72,1 4. Page 3, line 17: after that line insert:

AB1-ASA1-CA2,72,3 " Section 2d. 11.61 (1) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA2,72,5 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), or (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6), or 11.24 (1) is guilty of a Class I felony.".

AB1-ASA1-CA2,72,6 5. Page 11, line 9: after that line insert:

AB1-ASA1-CA2,72,7 " Section 23m. 19.42 (3m), (4g) and (4r) of the statutes are created to read:

AB1-ASA1-CA2,72,9 19.42 (3m) "Candidate," except as otherwise provided, has the meaning given in s. 11.01 (1).

AB1-ASA1-CA2,72,11 (4g) "Clearly identified," when used in reference to a communication containing a reference to a person, means one of the following:

AB1-ASA1-CA2,72,12 (a) The person's name appears.

AB1-ASA1-CA2,72,13 (b) A photograph or drawing of the person appears.

AB1-ASA1-CA2,72,14 (c) The identity of the person is apparent by unambiguous reference.

AB1-ASA1-CA2,72,15 (4r) "Communication" has the meaning given in s. 11.01 (4m).".

AB1-ASA1-CA2,72,16 6. Page 11, line 18: after that line insert:

AB1-ASA1-CA2,72,17 " Section 25c. 19.45 (13) of the statutes is created to read:

AB1-ASA1-CA2,73,3 19.45 (13) No state public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person making a communication that contains a reference to a clearly identified state public official holding an elective office or to a candidate for state public office.

AB1-ASA1-CA2, s. 25e Section 25e. 19.49 (1m) of the statutes is created to read:

AB1-ASA1-CA2,73,9 19.49 (1m) No complaint alleging a violation of s. 19.45 (13) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, and ending on the date of that election, against a candidate who files a declaration of candidacy to have his or her name appear on the ballot at that election.

AB1-ASA1-CA2, s. 25g Section 25g. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended to read:

AB1-ASA1-CA2,73,14 19.49 (5) (a) No Except as provided in par. (b), no action may be taken on any complaint which that is filed later than 3 years after a violation of this subchapter or subch. III of ch. 13 is alleged to have occurred.

AB1-ASA1-CA2, s. 25i Section 25i. 19.49 (5) (b) of the statutes is created to read:

AB1-ASA1-CA2,73,18 19.49 (5) (b) The period of limitation under par. (a) is tolled for a complaint alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).

AB1-ASA1-CA2, s. 25k Section 25k. 19.53 (6) of the statutes is amended to read:

AB1-ASA1-CA2,74,11 19.53 (6) An order requiring the accused to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of any other provision of this subchapter, or not more than the applicable amount specified in s. 13.69 for each violation of subch. III of ch. 13; and, if. If the board determines that the accused has realized economic gain as a result of the violation, an the board may, in addition, order requiring the accused to forfeit the amount gained as a result of the violation. In addition, if the board determines that a state public official has violated s. 19.45 (13), the board may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the board determines that a state public official has violated s. 19.45 (13) and no political contribution, service or other thing of value was obtained, the board may order the official to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the board, shall institute proceedings to recover any forfeiture incurred under this section or s. 19.545 which is not paid by the person against whom it is assessed.

AB1-ASA1-CA2, s. 25m Section 25m. 19.535 of the statutes is created to read:

AB1-ASA1-CA2,74,22 19.535 Direct enforcement. If the board refuses or otherwise fails to authorize an investigation under s. 19.49 (3) with respect to a violation of s. 19.45 (13) within 30 days after receiving a verified complaint alleging a violation of s. 19.45 (13), the person making the complaint may bring an action to recover the forfeiture under s. 19.53 (6) on his or her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees, to the relator if he or she prevails, but any forfeiture recovered shall be paid to the state. If the court finds in any such action that the cause of action was frivolous as provided in s. 814.025, the court shall award costs and fees to the defendant under that section.

AB1-ASA1-CA2, s. 25p Section 25p. 19.59 (1) (br) of the statutes is created to read:

AB1-ASA1-CA2,75,8 19.59 (1) (br) No local public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person making a communication that contains a reference to a clearly identified local public official holding an elective office or to a candidate for local public office.

AB1-ASA1-CA2, s. 25r Section 25r. 19.59 (7) of the statutes is renumbered 19.59 (7) (a) and amended to read:

AB1-ASA1-CA2,75,15 19.59 (7) (a) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that the accused has violated sub. (1) (br), the court may, in addition, order the accused to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained.

AB1-ASA1-CA2, s. 25t Section 25t. 19.59 (7) (b) of the statutes is created to read:

AB1-ASA1-CA2,75,22 19.59 (7) (b) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that a local public official has violated sub. (1) (br) and no political contribution, service or other thing of value was obtained, the court may, in addition, order the accused to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater.

AB1-ASA1-CA2, s. 25v Section 25v. 19.59 (8) (c) of the statutes is amended to read:

AB1-ASA1-CA2,76,3 19.59 (8) (c) If the district attorney fails to commence an action to enforce sub. (1) (a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if the district attorney refuses to commence such an action, the person making the complaint may petition the attorney general to act upon the complaint. The attorney general may then bring an action under par. (a) or (b), or both.

AB1-ASA1-CA2, s. 25x Section 25x. 19.59 (8) (cm) and (cn) of the statutes are created to read:

AB1-ASA1-CA2,76,9 19.59 (8) (cm) No complaint alleging a violation of sub. (1) (br) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, and ending on the date of that election, against a candidate who files a declaration of candidacy to have his or her name appear on the ballot at that election.

AB1-ASA1-CA2,76,18 (cn) If the district attorney refuses or otherwise fails to commence an action to enforce sub. (1) (br) within 30 days after receiving a verified complaint alleging a violation of sub. (1) (br), the person making the complaint may bring an action to recover the forfeiture under sub. (7) on his of her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees, to the relator if her or she prevails, but any forfeiture recovered shall be paid to the state. If the court finds in any such action that the cause of action was frivolous as provided in s. 814.025, the court shall award costs and fees to the defendant under that section.".

AB1-ASA1-CA2,76,19 7. Page 19, line 20: after that line insert:

AB1-ASA1-CA2,76,20 " Section 52j. 20.510 (1) (q) of the statutes is amended to read:

AB1-ASA1-CA2,77,2 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropriation, from the Wisconsin election campaign fund, the moneys determined under s. 11.50 to provide for payments to eligible candidates whose names are certified under s. 7.08 (2) (c) and (cm) and to provide for public information as authorized under s. 11.50 (2m).".

AB1-ASA1-CA2,77,3 8. Page 28, line 8: after that line insert:

AB1-ASA1-CA2,77,4 " Section 79m. 25.42 of the statutes is amended to read:

AB1-ASA1-CA2,77,11 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) together with all moneys deposited under ss. 8.35 (4) (a), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.23 (2), 11.26 (1t) and (2t), and 11.38 (6), 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 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.".

AB1-ASA1-CA2,77,12 9. Page 66, line 15: after that line insert:

AB1-ASA1-CA2,77,13 " Section 170j. 71.07 (6s) of the statutes is created to read:

AB1-ASA1-CA2,77,14 71.07 (6s) Campaign fund tax credit. (a) Definitions. In this subsection:

AB1-ASA1-CA2,77,15 1. "Claimant" means an individual who makes a designation.

AB1-ASA1-CA2,77,17 2. "Designation" means an amount that may be designated under s. 71.10 (3) (am).

AB1-ASA1-CA2,77,21 (b) Filing claims. Subject to the limitations and conditions provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of those taxes, for the taxable year to which the income tax return relates, an amount equal to the claimant's designation.

AB1-ASA1-CA2,77,23 (c) Limitations and conditions. 1. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

AB1-ASA1-CA2,78,2 2. If both spouses of a married couple meet the definition of claimant under par. (a) 1., each spouse may claim the credit under this subsection.

AB1-ASA1-CA2,78,4 (d) Administration. Subsection (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.

AB1-ASA1-CA2, s. 170L Section 170L. 71.08 (1) (intro.) of the statutes is amended to read:

AB1-ASA1-CA2,78,14 71.08 (1) Imposition. (intro.) If the tax imposed on a natural person, married couple filing jointly, trust or estate under s. 71.02, not considering the credits under ss. 71.07 (1), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2fd), (3m), (3s), (6), (6s), and (9e), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m) and (3) and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m) and (3) and subchs. VIII and IX and payments to other states under s. 71.07 (7), is less than the tax under this section, there is imposed on that natural person, married couple filing jointly, trust or estate, instead of the tax under s. 71.02, an alternative minimum tax computed as follows:

AB1-ASA1-CA2, s. 170n Section 170n. 71.10 (3) (a) of the statutes is renumbered 71.10 (3) (am) and amended to read:

AB1-ASA1-CA2,79,6 71.10 (3) (am) Every individual, who is a full-year resident of this state, filing an income tax return who has would have a tax liability or is entitled to a tax refund before making a designation under this paragraph may designate $1 the lesser of $20 or the individual's tax liability for transfer to the Wisconsin election campaign fund for the use of eligible candidates under s. 11.50. If the individuals filing a joint return would have a tax liability or are entitled to a tax refund before making a designation under this paragraph, each individual may make a designation of $1 the lesser of $20 or one-half of the married couple's tax liability under this subsection. Each individual making a designation shall indicate whether the amount designated by that individual shall be placed in the general account for the use of all eligible candidates for state office, or in the account of an eligible political party whose name is certified to the secretary of revenue under s. 11.50 (14). If an individual does not indicate that the amount of his or her designation shall be placed in the account of a particular eligible political party, that amount shall be placed in the general account.

AB1-ASA1-CA2, s. 170p Section 170p. 71.10 (3) (ac) of the statutes is created to read:

AB1-ASA1-CA2,79,10 71.10 (3) (ac) In this subsection, "tax liability" means any amount of tax determined by an individual or by an individual and his or her spouse after he or she calculates the order of computation through s. 71.10 (4) (gu).

AB1-ASA1-CA2, s. 170r Section 170r. 71.10 (3) (b) of the statutes is amended to read:

AB1-ASA1-CA2,80,8 71.10 (3) (b) The secretary of revenue shall provide a place for those ensure that space for the designations under par. (am) is provided on the face of the individual income tax return and in a manner that is convenient to the individual filing the return. The secretary of revenue shall provide next to that the place on the return where designation under par. (am) is made a statement that a designation will not increase tax liability, that the amount of a designation may be claimed as a credit under s. 71.07 (6s), and that by making a designation the individual is also claiming the credit. The department of revenue shall ensure that an individual may make the designation under par. (am) and claim the credit under s. 71.07 (6s) by marking only one box, which shall be on the face of the individual income tax return. The secretary of revenue shall also provide and highlight a place in the instructions that accompany the return for information submitted to the secretary by the elections board under s. 11.50 (2m) without cost to the board. Annually on August 15, the secretary of revenue shall certify to the elections board, the department of administration, and the state treasurer under s. 11.50 the total amount of designations made on returns processed by the department of revenue during the preceding fiscal year and the amount of designations made during that fiscal year for the general account and for the account of each eligible political party. If any individual designates an amount greater than the amount authorized under par. (am) or attempts to place any condition or restriction upon a designation not authorized under par. (am), that individual is deemed not to have made a designation on his or her tax return.

AB1-ASA1-CA2, s. 170s Section 170s. 71.10 (3) (d) of the statutes is created to read:

AB1-ASA1-CA2,80,16 71.10 (3) (d) If an individual's income tax return is prepared by a paid tax preparer and if the individual does not make a designation under par. (am), the tax preparer shall obtain from the individual his or her signature, on a form prepared by the department of revenue, acknowledging that he or she chooses not to make a designation under par. (am). The form shall contain information regarding the purposes of the designation. No penalty may be imposed on a paid tax preparer who fails to obtain from any individual the form that is required under this paragraph.

AB1-ASA1-CA2, s. 170t Section 170t. 71.10 (4) (gw) of the statutes is created to read:

AB1-ASA1-CA2,80,19 71.10 (4) (gw) 1. The addition of the campaign fund designation under sub. (3) (am).

AB1-ASA1-CA2,80,20 2. The subtraction of the campaign fund tax credit under s. 71.07 (6s).".

AB1-ASA1-CA2,80,21 10. Page 224, line 10: after that line insert:

AB1-ASA1-CA2,80,22 " Section 519m. 806.04 (11m) of the statutes is created to read:

AB1-ASA1-CA2,81,3 806.04 (11m) Campaign finance registration. Any person who proposes to publish, disseminate, or broadcast, or causes to be published, disseminated, or broadcast, any communication may commence a proceeding under this section to determine the application to that person of a registration requirement under s. 11.05 (1), (2), or (2g).".

AB1-ASA1-CA2,81,4 11. Page 355, line 14: after that line insert:

AB1-ASA1-CA2,81,8 "(2v) Wisconsin election campaign fund balance transfer. The balances in all accounts within the Wisconsin election campaign fund on the effective date of this subsection are credited to the general account of the Wisconsin election campaign fund established under section 11.50 (2w) of the statutes, as created by this act.

AB1-ASA1-CA2,81,9 (2w) Rules for public access channels and public television stations.

AB1-ASA1-CA2,81,18 (a) Using the procedure under section 227.24 of the statutes, the elections board may promulgate the rules required under section 11.21 (17) of the statutes, as created by this act, for the period before the effective date of the permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the elections board is not required to provide evidence that promulgating rules under this paragraph as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for any rule promulgated under this paragraph.

AB1-ASA1-CA2,81,22 (b) The elections board shall submit in proposed form the rules required under section 11.21 (17) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 10th month beginning after the effective date of this paragraph.

AB1-ASA1-CA2,81,23 (2x) Statewide voter registration list.

AB1-ASA1-CA2,82,6 (a) Notwithstanding section 16.42 (1) of the statutes, the elections board shall submit as a part of its budget request for the 2003-05 fiscal biennium under section 16.42 of the statutes a proposal to finance the creation of a statewide, centralized voter registration list system, together with proposed legislation required to initially implement the system for the 2004 September primary election. In developing the system, the elections board shall consider at least each of the following issues:

AB1-ASA1-CA2,82,7 1. How the list should be created and maintained.

AB1-ASA1-CA2,82,9 2. The fiscal impact upon the state and local governments of maintaining the list.

AB1-ASA1-CA2,82,10 3. How accuracy of the list should be ensured.

AB1-ASA1-CA2,82,13 4. Whether, to use the list, an electronic connection would need to be established between each polling place in the state and the board and how such a connection would be established and maintained.

AB1-ASA1-CA2,82,14 5. How registrations on election day would be integrated into the list.

AB1-ASA1-CA2,82,16 6. How procedures for corroboration of the identities of electors would be affected by maintenance of the list.

AB1-ASA1-CA2,82,17 7. How absentee balloting would be affected by the creation of the list.

AB1-ASA1-CA2,82,19 8. The impact of maintenance of the list upon transient populations, such as college students.

AB1-ASA1-CA2,82,21 9. How the list could be accurately purged of the names of convicted felons who are ineligible to vote while ensuring that no eligible electors are disenfranchised.

AB1-ASA1-CA2,82,23 10. How the list should be purged of the names of ineligible or inactive electors while ensuring that no eligible electors are disenfranchised.

AB1-ASA1-CA2,82,25 11. Whether the list should be publicly maintained or a private entity should be retained to maintain the list.