Under the substitute amendment, any person may file a sworn complaint with
the board alleging a violation of the elections, ethics, or lobbying regulation laws.
The substitute amendment also permits the board to investigate any violation of the
elections, ethics, or lobbying regulation laws on its own initiative.
The substitute amendment provides for the substitute amendment to become
law on January 1, 2007, after which date the members of the Government
Accountability and Integrity Board may be appointed and take office. However, the
existing Elections Board and Ethics Board continue in operation until July 1, 2007.
Under the substitute amendment, the Government Accountability and Integrity
Board may not exercise administrative or enforcement authority until July 1, 2007.
The substitute amendment also provides that the director of the Legislative Council
Staff shall serve as executive director of the Government Accountability and
Integrity Board, without additional compensation, until the initial executive
director of the Government Accountability and Integrity Board is appointed and
qualified, and may exercise all of the functions of the executive director of the
Government Accountability and Integrity Board, the divisions within the board, and
the administrators of the divisions.
Currently, except as otherwise provided by law, public records may be examined
or copied by any person unless the custodian demonstrates that the public interest
in withholding access to a record outweighs the public interest in providing access.
With certain exceptions, records obtained and prepared by the Ethics Board in
connection with an investigation are specifically exempted from public access. This
substitute amendment provides specifically that investigatory records of the
Government Accountability and Integrity Board are exempted from the right of
public access, subject to the current exceptions, except that if the board commences
a prosecution of a person as a result of an investigation, the person who is the subject
of the investigation may direct the board to provide access to records of the
investigation pertaining to that person if the records are available by law to the
subject person, and except that records of the board containing a finding that a
complaint does not raise a reasonable suspicion that a violation of the law has
occurred or records containing a finding that no probable cause exists to believe that
a violation of the law has occurred are open to public access. Under the substitute
amendment, any person other than the subject of an investigation who provides
public access to a record of the board that is not accessible to the public is guilty of
a misdemeanor and may be fined not more than $500 or imprisoned for not more than
30 days or both.
Currently, state boards may meet in closed session to discuss the investigation
of charges against specific persons. This substitute amendment provides specifically
that the Government Accountability and Integrity Board may meet in closed session
to deliberate concerning any investigation under the board's jurisdiction.
Under current law, if a court finds that any provision of a legislative act is
unconstitutional and there are other provisions that are not dependent for their
operation upon the unconstitutional provision, the other provisions remain valid.
This substitute amendment provides that if a court finds that any provision of the
act resulting from the substitute amendment is unconstitutional, the entire act is
void.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB1-ASA2, s. 1
1Section
1. 5.02 (1s) of the statutes is amended to read:
SB1-ASA2,6,32
5.02
(1s) "Board" means the
elections government accountability and integrity 3board.
SB1-ASA2, s. 2
4Section
2. 5.05 (title) of the statutes is amended to read:
SB1-ASA2,7,2
15.05 (title)
Elections
Government accountability and integrity board;
2powers and duties.
SB1-ASA2, s. 3
3Section
3. 5.05 (1) (intro.) of the statutes is amended to read:
SB1-ASA2,7,74
5.05
(1) General authority. (intro.) The
elections government accountability
5and integrity board shall have the responsibility for the administration of chs. 5 to
612 and other laws relating to elections and election campaigns. Pursuant to such
7responsibility, the board may:
SB1-ASA2, s. 5
9Section
5. 5.05 (1) (b) of the statutes is amended to read:
SB1-ASA2,7,2010
5.05
(1) (b) In the discharge of its duties and
upon after providing notice to
the 11any party
or parties being investigated who is the subject of an investigation,
12subpoena and bring before it any person
in the state and require the production of
13any papers, books
, or other records relevant to an investigation. A circuit court may
14by order permit the inspection
, and copying of the accounts and the depositor's and
15loan records at any financial institution
, as defined in s. 705.01 (3)
, doing business
16in the state to obtain evidence of any violation of ch. 11 upon showing by the board
17of probable cause to believe there is a violation and that such accounts and records
18may have a substantial relation to the violation. In the discharge of its duties, the
19board may cause the deposition of witnesses to be taken in the manner prescribed
20for taking depositions in civil actions in circuit court.
SB1-ASA2, s. 6
21Section
6. 5.05 (1) (c) of the statutes is amended to read:
SB1-ASA2,8,2022
5.05
(1) (c) Bring civil
or criminal actions
to require forfeitures for any violation
23of
ch. 11 under s. 11.60. Forfeiture actions brought by the board may concern only
24violations with respect to reports or statements required by law to be filed with it,
25and other violations arising under elections for state office or statewide referenda
1chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. The board may compromise
2and settle any
civil action or potential action brought or authorized to be brought by
3it
under ch.11 which, in the opinion of the board, constitutes a minor violation, a
4violation caused by excusable neglect, or which for other good cause shown, should
5not in the public interest be prosecuted under such chapter. Notwithstanding s.
6778.06, an action or proposed action authorized under this paragraph may be settled
7for such sum as may be agreed between the parties. Any settlement made by the
8board shall be in such amount as to deprive the alleged violator of any benefit of his
9or her wrongdoing and may contain a penal component to serve as a deterrent to
10future violations. In settling actions or proposed actions, the board shall treat
11comparable situations in a comparable manner and shall assure that any settlement
12bears a reasonable relationship to the severity of the offense or alleged offense.
13Forfeiture actions brought by the board shall be brought in the circuit court for the
14county wherein the violation is alleged to occur.
Whenever the board enters into a
15settlement agreement with an individual who is accused of a violation of chs. 5 to 12,
16subch. III of ch. 13, or subch. III of ch. 19 or who is investigated by the board for a
17possible violation of one of those provisions, the board shall reduce the agreement to
18writing, together with a statement of the board's findings and reasons for entering
19into the agreement and shall retain the agreement and statement in its office for
20inspection.
SB1-ASA2, s. 7
21Section
7. 5.05 (1) (e) of the statutes is amended to read:
SB1-ASA2,9,522
5.05
(1) (e) Delegate to its executive director the authority to
issue a subpoena
23under par. (b), apply for a search warrant under par. (b), commence an action under
24par. (d), intervene in an action or proceeding under sub. (9), issue an order under s.
255.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a),
1exempt a municipality from the requirement to use voting machines or an electronic
2voting system under s. 5.40 (5m), approve an electronic data recording system for
3maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
4who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such
5limitations as the board deems appropriate.
SB1-ASA2, s. 8
6Section
8. 5.05 (1e) of the statutes is created to read:
SB1-ASA2,9,87
5.05
(1e) Actions by the board. Any action by the board requires the
8affirmative vote of at least 4 members.
SB1-ASA2, s. 9
9Section
9. 5.05 (1m) of the statutes is created to read:
SB1-ASA2,9,1210
5.05
(1m) Executive director; legal counsel. The board shall employ an
11executive director outside the classified service and shall employ legal counsel to
12perform legal services outside the enforcement division.
SB1-ASA2, s. 10
13Section
10. 5.05 (2m) of the statutes is created to read:
SB1-ASA2,9,1714
5.05
(2m) Enforcement division. (a) The enforcement division, under the
15direction and supervision of the board, shall investigate and prosecute alleged
16violations of laws administered by the board pursuant to all statutes granting or
17assigning that authority or responsibility to the board.
SB1-ASA2,9,1918
(c) 1. The board shall employ at least one full-time attorney within the
19enforcement division.
SB1-ASA2,9,2520
2. a. Any person may file a complaint with the enforcement division alleging
21a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. If the enforcement
22division finds, by a preponderance of the evidence, that a complaint is frivolous, the
23division may order the complainant to forfeit not more than the greater of $500 or
24the expenses incurred by the division in investigating the complaint. The
25enforcement division may, in accordance with this paragraph, investigate or
1prosecute any civil or criminal violation of chs. 5 to 12, subch. III of ch. 13, or subch.
2III of ch. 19 in the name of the board. Only the enforcement division may investigate
3or prosecute civil or criminal violations of chs. 5 to 12, subch. III of ch. 13, or subch.
4III of ch. 19.
SB1-ASA2,11,75
4. The administrator of the enforcement division shall make an initial
6determination as to whether there is a reasonable suspicion that a violation under
7subd. 2. has occurred and whether an investigation of the suspected violation is
8appropriate. The administrator shall notify the board within 10 days of opening an
9investigation of any matter. If, within 10 days of receiving notification, any member
10of the board requests the chairperson to call a meeting of the board be held to discuss
11the investigation, and the member requests that the investigation be suspended
12until the meeting is held, the administrator shall suspend the investigation until the
13board directs the investigation to proceed. The chairperson of the board shall
14thereupon call a meeting of the board to discuss the investigation. If an investigation
15is suspended, the meeting shall be held within 10 working days, as defined in s.
16227.01 (14), of receiving the request. If the board believes that there is reasonable
17suspicion that a violation under subd. 2. has occurred or is occurring, the board may
18elect to proceed with the investigation and may, in addition, elect to retain an
19investigator who meets the qualifications prescribed in subd. 7. If the board elects
20to retain an investigator, the administrator shall submit to the board the names of
213 qualified individuals to serve as an investigator. The board may retain one or more
22of the investigators. Each investigator who is retained by the board shall make
23periodic reports to the board, as directed by the board, but in no case may the interval
24for reporting exceed 90 days. If the board authorizes the administrator to investigate
25any matter without retaining an investigator, the administrator shall make periodic
1reports to the board, as directed by the board, but in no case may the reporting
2interval exceed 90 days. If, after receiving a report, the board does not vote to
3continue an investigation for an additional period not exceeding 90 days, the
4investigation is terminated at the end of the reporting interval. Unless an
5investigation is terminated by the board, at the conclusion of each investigation, the
6administrator of the enforcement division shall present to the board one of the
7following:
SB1-ASA2,11,108
a. A recommendation to make a finding that probable cause exists to believe
9that one or more violations under subd. 2. have occurred or are occurring, together
10with a recommended course of action.
SB1-ASA2,11,1211
b. A recommendation for further investigation of the matter together with facts
12supporting that course of action.
SB1-ASA2,11,1413
c. A recommendation to terminate the investigation due to lack of sufficient
14evidence to indicate that a violation under subd. 2 has occurred or is occurring.
SB1-ASA2,11,2415
5. The enforcement division may file a complaint against any person under
16subd. 2 only upon authorization by the board. The enforcement division may request
17the assistance of special counsel to prosecute any action brought by the board. If the
18enforcement division requests the assistance of special counsel with respect to any
19matter, the administrator of the enforcement division shall submit to the board the
20names of 3 qualified individuals to serve as special counsel. Any individual so
21appointed shall meet the qualifications prescribed in subd. 7. The board may retain
22one of the individuals to act as special counsel. The staff of the enforcement division
23shall provide assistance to the special counsel as may be required by the counsel to
24carry out his or her responsibilities.
SB1-ASA2,12,5
16. Upon employment of any individual to serve as special counsel for the
2enforcement division, the administrator of the enforcement division shall certify the
3maximum amount provided in the employment contract to the secretary of
4administration, and direct the department of administration to pay special counsel
5bills related to that case within the certified amount.
SB1-ASA2,12,96
7. Any individual who is appointed by the board to serve as special counsel shall
7be a retired judge of a court of record in this state or an attorney who, at the time of
8appointment, has senior status as a member of the state bar of Wisconsin, as defined
9by the supreme court.
SB1-ASA2,12,1510
8. Whenever the board authorizes commencement of a prosecution and the
11prosecution is not concluded in circuit court or settled within 6 months of the date
12of the board's action, the administrator of the enforcement division or any special
13counsel who is retained to conduct the prosecution shall not proceed with the
14prosecution or shall move to dismiss the prosecution unless the board authorizes the
15prosecution to proceed for an additional period, not to exceed 6 months.
SB1-ASA2,12,2116
9. The board may, by rule, prescribe categories of civil offenses which the board
17will agree to compromise and settle without a formal investigation upon payment of
18specified amounts by the alleged offender. The board may authorize the
19administrator of the enforcement division to compromise and settle such alleged
20offenses in the name of the board if the alleged offenses by an offender, in the
21aggregate, do not involve payment of more than $500.
SB1-ASA2,13,322
(d) No individual who serves as an employee in the enforcement division and
23no individual who is retained by the board to serve as an investigator or as special
24counsel may, while so employed or retained or for 12 months after ceasing to be so
25employed or retained, become a candidate, as defined in s. 11.01 (1), for state or local
1office. A filing officer shall decline to accept nomination papers or a declaration of
2candidacy from any individual who does not qualify to become a candidate under this
3paragraph.
SB1-ASA2,13,76
5.05
(3g) Chief election officer. The board shall designate an employee of
7the board to serve as the chief election officer of this state.
SB1-ASA2, s. 14
9Section
14. 5.05 (5s) (title), (d) and (e) of the statutes are created to read:
SB1-ASA2,13,1610
5.05
(5s) (title)
Access to records. (d) If the board commences a prosecution
11of a person for an alleged violation of chs. 5 to 12, subch. III of ch. 13, or subch. III
12of ch. 19 as the result of an investigation, the person who is the subject of the
13investigation may authorize the board to make available for inspection and copying
14under s. 19.35 (1) records of the investigation pertaining to that person if the records
15are available by law to the subject person and the board shall then make those
16records available.
SB1-ASA2,13,1817
(e) The following records of the board are open to public inspection and copying
18under s. 19.35 (1):
SB1-ASA2,13,2019
1. Any record containing a finding that that a complaint does not raise a
20reasonable suspicion that a violation of the law has occurred.
SB1-ASA2,13,2221
2. Any record containing a finding, following an investigation, that no probable
22cause exists to believe that a violation of the law has occurred.
SB1-ASA2,14,4
15.052 Government accountability and integrity candidate committee. 2(1) The government accountability and integrity candidate committee shall
3organize whenever a vacancy occurs in the membership of the board that requires
4a nomination to be submitted to the governor under s. 15.60 (2).
SB1-ASA2,14,6
5(2) No person may be nominated by the committee unless the person receives
6the unanimous approval of the committee.
SB1-ASA2,14,8
7(3) Except as provided in sub. (4), the committee shall submit the following
8number of nominations:
SB1-ASA2,14,109
(a) To fill any vacancy if the member must be a retired judge of a court of record
10in this state, 2 nominations.
SB1-ASA2,14,1211
(b) To fill one vacancy if the member must be a former elective official of a local
12governmental unit, 2 nominations.
SB1-ASA2,14,1413
(c) To fill 2 vacancies, if both members must be former elective officials of local
14governmental units in this state, 3 nominations.
SB1-ASA2,14,1515
(d) To fill one vacancy in any other position, 2 nominations.
SB1-ASA2,14,1616
(e) To fill 2 vacancies in any other positions, 3 nominations.
SB1-ASA2,14,1717
(f) To fill 3 vacancies in any other positions, 5 nominations.
SB1-ASA2,14,1818
(g) To fill 4 vacancies in any other positions, 6 nominations.
SB1-ASA2,14,21
19(4) If a nomination of the governor is rejected by the assembly or the senate,
20the committee shall submit an additional nominee to the governor from the same
21membership category as the original nominee.
SB1-ASA2,14,24
235.054 Duties of the executive director. The executive director of the board
24shall:
SB1-ASA2,15,2
1(1) Whenever a vacancy occurs on the board, call a meeting of the government
2accountability and integrity candidate committee.
SB1-ASA2,15,4
3(2) Assist the government accountability and integrity candidate committee in
4the performance of its functions.
SB1-ASA2,15,136
5.06
(2) No person who is authorized to file a complaint under sub. (1)
, other
7than the attorney general or a district attorney, may commence an action or
8proceeding to test the validity of any decision, action or failure to act on the part of
9any election official with respect to any matter specified in sub. (1) without first filing
10a complaint under sub. (1), nor prior to disposition of the complaint by the board. A
11complaint is deemed disposed of if the board fails to transmit an acknowledgment of
12receipt of the complaint within 5 business days from the date of its receipt or if the
13board concludes its investigation without a formal decision.
SB1-ASA2,15,22
175.081 Petition for enforcement of voting rights. The
attorney general
18board shall accept a verified petition from any person alleging failure to comply with
19section 2 of the federal voting rights act,
42 USC 1973 (a) and (b). The
attorney
20general board may commence an action or proceeding in any court of competent
21jurisdiction on behalf of any elector of this state whose rights under
42 USC 1973 (a)
22and (b) are violated.
SB1-ASA2,16,524
5.40
(7) Whenever a municipality adopts and purchases voting machines or an
25electronic voting system, or adopts and purchases a different type of voting machine
1or electronic voting system from the type it was previously using, the municipal clerk
2or executive director of the municipal board of election commissioners shall promptly
3notify the county clerk or executive director of the county board of election
4commissioners and the executive director of the
elections government accountability
5and integrity board in writing.
SB1-ASA2, s. 24
6Section
24. 5.62 (4) (b) of the statutes is amended to read:
SB1-ASA2,16,117
5.62
(4) (b) The county board of election commissioners in counties having a
8population of more than 500,000 shall prepare the official primary ballot. The
9commissioners shall arrange the names of all candidates for each office whose
10nomination papers are filed at the county level, using the same method as that used
11by the
elections government accountability and integrity board under s. 5.60 (1) (b).
SB1-ASA2, s. 25
12Section
25. 6.26 (2) (b) of the statutes is amended to read:
SB1-ASA2,16,1913
6.26
(2) (b) The municipal clerk, board of election commissioners, or
elections 14government accountability and integrity board may appoint any applicant who
15qualifies under this subsection, unless the applicant's appointment has been revoked
16by a municipality or by the board for cause. The municipal clerk, board of election
17commissioners, or
elections government accountability and integrity board may
18revoke an appointment made by the clerk, board of election commissioners, or
19elections government accountability and integrity board for cause at any time.
SB1-ASA2, s. 26
20Section
26. 6.26 (2) (c) of the statutes is amended to read:
SB1-ASA2,16,2421
6.26
(2) (c) No individual may serve as a special registration deputy in a
22municipality unless the individual is appointed by the municipal clerk or board of
23election commissioners of the municipality or the individual is appointed by the
24elections government accountability and integrity board to serve all municipalities.
SB1-ASA2, s. 27
25Section
27. 6.56 (2) to (5) of the statutes are amended to read:
SB1-ASA2,17,12
16.56
(2) Upon receipt of the list, the municipal clerk shall make a check to
2determine whether each person who has been allowed to vote under s. 6.55 (3) is
3properly registered. If so, the clerk shall correct the registration list. If the address
4on the registration list is not correct, the clerk shall correct the address. The clerk
5shall then notify the elector by postcard when he or she is properly registered. If such
6person is found not to be properly registered, the clerk shall send the person a 1st
7class letter with that information, containing a mail registration form under s. 6.30
8(4). The letter shall be marked in accordance with postal regulations to ensure that
9it will be returned to the clerk if the elector does not reside at the address given on
10the postcard. If such letter is returned undelivered, or if the U.S. postal service
11notifies the clerk of an improper address which was apparently improper on the day
12of the election, the clerk shall notify the
district attorney board.
SB1-ASA2,18,2
13(3) Upon receipt of the list under sub. (1), the municipal clerk or board of
14election commissioners shall make an audit of all electors registering to vote at the
15polling place or other registration location under s. 6.55 (2) and all electors
16registering by agent on election day under s. 6.86 (3) (a) 2. The audit shall be made
17by 1st class postcard. The postcard shall be marked in accordance with postal
18regulations to ensure that it will be returned to the clerk or board of election
19commissioners if the elector does not reside at the address given on the postcard. If
20any postcard is returned undelivered, or if the clerk or board of election
21commissioners is informed of a different address than the one specified by the elector
22which was apparently improper on the day of the election, the clerk or board
of
23election commissioners shall change the status of the elector from eligible to
24ineligible on the registration list and mail the elector a notice of the change in status
1and provide the name to the
district attorney for the county where the polling place
2is located board.
SB1-ASA2,18,12
3(4) After each election, the municipal clerk shall carefully check to assure that
4no person has been allowed to vote more than once. Whenever the municipal clerk
5has good reason to believe that a person has voted more than once in an election, the
6clerk shall send the person a 1st class letter marked in accordance with postal
7regulations to ensure that it will be returned to the clerk if the elector does not reside
8at the address given on the letter. The letter shall inform the person that all
9registrations relating to that person may be changed from eligible to ineligible status
10within 7 days unless the person contacts the office of the clerk to clarify the matter.
11A copy of the letter and of any subsequent information received from or about the
12addressee shall be sent to the
district attorney
board.
SB1-ASA2,18,19
13(5) Whenever any letter or postcard mailed under this section is returned
14undelivered, or whenever the U.S. postal service notifies the clerk of an improper
15address which was apparently improper on the day of the election or whenever it
16otherwise appears that a person has voted who is not qualified or has voted more
17than once in an election, and the person has been permitted to vote after
18corroboration was made under s. 6.55 (2) or (3) or 6.86 (3) (a) 2., the name of the
19corroborator shall also be provided to the
district attorney board.
SB1-ASA2, s. 28
20Section
28. 7.08 (title) of the statutes is amended to read:
SB1-ASA2,18,21
217.08 (title)
Elections Government accountability and integrity board.
SB1-ASA2, s. 30
23Section
30. 7.15 (1) (g) of the statutes is amended to read:
SB1-ASA2,18,2524
7.15
(1) (g) Report suspected election frauds, irregularities or violations of
25which the clerk has knowledge to the
district attorney
board.