AB801: Bill Text

AB801,64,24 11.60 (3s) Notwithstanding sub. (1), if any candidate or committee, other than a conduit, accepts 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 (de), (e), or (f) 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) (c) or (8) or 11.20 (3) or (4) with respect to that contribution, disbursement, or obligation, to the extent required under ss. 11.12 (6) (c) and (8) and 11.20 (3) and (4), the candidate or other individual or committee may be required to forfeit not more than $500 per day for each day of continued violation.

AB801,65,6 (3t) Notwithstanding sub. (1), if any candidate or committee, other than a conduit, accepts one or more contributions, makes one or more disbursements, or incurs one or more obligations to make disbursements for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (de), (e), or (f) in an amount or value that differs from the amount reported by that individual or committee under s. 11.12 (6) (c) or (8) or 11.20 (3) or (4):

AB801,65,9 (a) By more than 5% but not more than 10% cumulatively, the candidate or other individual or committee shall forfeit 4 times the amount or value of the difference.

AB801,65,12 (b) By more than 10% but not more than 15% cumulatively, the candidate or other individual or committee shall forfeit 6 times the amount or value of the difference.

AB801,65,14 (c) By more than 15% cumulatively, the candidate or other individual or committee shall forfeit 8 times the amount of the difference.

AB801, s. 125 Section 125. 11.60 (4) of the statutes is amended to read:

AB801,66,7 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 employe at the time of appointment.

AB801, s. 126 Section 126. 11.61 (1) (a) of the statutes is amended to read:

AB801,66,11 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) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

AB801, s. 127 Section 127. 13.625 (3m) of the statutes is created to read:

AB801,66,17 13.625 (3m) No elective state official and no personal campaign committee of an elective state official may solicit a lobbyist or principal to arrange for another person to make a campaign contribution to that official or personal campaign committee or to another elective state official or the personal campaign committee of that official.

AB801, s. 128 Section 128. 19.42 (3m), (4g) and (4r) of the statutes are created to read:

AB801,66,20 19.42 (3m) "Candidate," except as otherwise provided, has the meaning given in s. 11.01 (1).

AB801,66,22 (4g) "Clearly identified," when used in reference to a communication containing a reference to a person, means one of the following:

AB801,66,23 (a) The person's name appears.

AB801,66,24 (b) A photograph or drawing of the person appears.

AB801,66,25 (c) The identity of the person is apparent by unambiguous reference.

AB801,67,5 (4r) "Communication" means a message transmitted by means of a printed advertisement, billboard, handbill, sample ballot, radio or television advertisement, telephone call, or any medium that may be utilized for the purpose of disseminating or broadcasting a message, but not including a poll conducted solely for the purpose of identifying or collecting data concerning the attitudes or preferences of electors.

AB801, s. 129 Section 129. 19.45 (13) of the statutes is created to read:

AB801,67,16 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.

AB801, s. 130 Section 130. 19.49 (1m) of the statutes is created to read:

AB801,67,22 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.

AB801, s. 131 Section 131. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended to read:

AB801,68,3 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.

AB801, s. 132 Section 132. 19.49 (5) (b) of the statutes is created to read:

AB801,68,7 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).

AB801, s. 133 Section 133. 19.53 (6) of the statutes is amended to read:

AB801,68,25 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.

AB801, s. 134 Section 134. 19.535 of the statutes is created to read:

AB801,69,11 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.

AB801, s. 135 Section 135. 19.59 (1) (br) of the statutes is created to read:

AB801,69,22 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.

AB801, s. 136 Section 136. 19.59 (7) of the statutes is renumbered 19.59 (7) (a) and amended to read:

AB801,70,5 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.

AB801, s. 137 Section 137. 19.59 (7) (b) of the statutes is created to read:

AB801,70,12 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.

AB801, s. 138 Section 138. 19.59 (8) (c) of the statutes is amended to read:

AB801,70,18 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.

AB801, s. 139 Section 139. 19.59 (8) (cm) and (cn) of the statutes are created to read:

AB801,70,24 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.

AB801,71,9 (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.

AB801, s. 140 Section 140. 20.510 (1) (q) of the statutes is amended to read:

AB801,71,15 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).

AB801, s. 141 Section 141. 20.855 (4) (ba) of the statutes is created to read:

AB801,71,21 20.855 (4) (ba) Wisconsin election campaign fund supplement. A sum sufficient equal to the amounts required to make full payment of grants which candidates qualify to receive from the Wisconsin election campaign fund, to be transferred from the general fund to the Wisconsin election campaign fund no later than the time required to make payments of grants under s. 11.50 (5).

AB801, s. 142 Section 142. 25.42 of the statutes is amended to read:

AB801,72,4 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) and (ba) 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), 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.

AB801, s. 143 Section 143. 71.10 (3) (a) of the statutes is amended to read:

AB801,72,17 71.10 (3) (a) Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate $1 $5 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 have a tax liability or are entitled to a tax refund, each individual may make a designation of $1 $5 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.

AB801, s. 144 Section 144 . 71.10 (3) (b) of the statutes is amended to read:

AB801,73,7 71.10 (3) (b) The secretary of revenue shall provide a place for those designations under par. (a) on the face of the individual income tax return and shall provide next to that place a statement that a designation will not increase tax liability. Annually on August 15 The secretary shall also provide and highlight a place in the instructions that accompany the return for any information submitted to the secretary by the elections board under s. 11.50 (2m) without cost to the board. No later than the 15th day of each month, 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 month and the amount of designations made during that month for the general account and for the account of each eligible political party. If any individual attempts to place any condition or restriction upon a designation not authorized under par. (a), that individual is deemed not to have made a designation on his or her tax return.

AB801, s. 145 Section 145. 806.04 (11m) of the statutes is created to read:

AB801,73,13 806.04 (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).

AB801, s. 146 Section 146. Nonstatutory provisions.

AB801,73,15 (1) Nonseverability.

AB801,73,20 (a) Notwithstanding section 990.001 (11) of the statutes, if a court finds that all or any portion of sections 11.01 (16) (a) 3., 11.12 (6) (c), 11.26 (8m), or 11.50 (9) (b) or (bb) of the statutes, as created by this act, is unconstitutional, then sections 11.01 (16) (a) 3., 11.12 (6) (c), 11.26 (8m), and 11.50 (9) (bb) of the statutes, as created by this act, are void in their entirety.

AB801,73,23 (b) Notwithstanding section 990.001 (11) of the statutes, if a court finds that any part of section 11.12 (8) or 11.50 (9) (ba) of the statutes, as created by this act, is unconstitutional, this entire act is void.

AB801, s. 147 Section 147. Appropriation changes; elections board.

AB801,74,7 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the elections board under section 20.510 (1) (a) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $76,100 for fiscal year 2001-02 and the dollar amount is increased by $85,100 for fiscal year 2002-03 to increase the authorized FTE positions for the elections board by 1.0 GPR campaign finance investigator position and 1.0 GPR auditor position and to fund supporting expenses for these positions.

AB801, s. 148 Section 148. Initial applicability.

AB801,74,10 (1) Except as provided in subsections (2) and (3), this act first applies to elections held on the day after publication.

AB801,74,15 (2) The treatment of section 71.10 (3) (a) of the statutes first applies to claims filed for taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 the treatment first applies to claims filed for taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

AB801,74,17 (3) The treatment of section 11.31 (9) of the statutes first applies to adjustments for the biennium beginning on January 1, 2004.

AB801,74,18 (End)