AB843: Bill Text

AB843, s. 120 Section 120. 11.50 (11) (e) of the statutes is amended to read:

AB843,65,9 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge affidavit required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i).

AB843, s. 121 Section 121. 11.50 (14) of the statutes is created to read:

AB843,65,12 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

AB843,65,16 1. No later than July 1, the name of each political party that qualifies under sub. (1) (am) 1. as an eligible political party as of the preceding June 1 and whose state chairperson has filed a request to establish an account for the party under sub. (2s) (a).

AB843,65,19 2. No later than December 15, the name of each political party that qualifies under sub. (1) (am) 2. as an eligible political party as of the date of the preceding general election.

AB843,65,21 (b) In each certification under this subsection, the board shall specify the expiration date of the certification.

AB843, s. 122 Section 122. 11.60 (1) and (2) of the statutes are amended to read:

AB843,65,24 11.60 (1) Any person, including any committee or group, who violates this chapter may be required to forfeit not more than $500 $1,500 for each violation.

AB843,66,5 (2) In addition to the penalty under sub. (1), any person, including any committee or group, who is delinquent in filing a report required by this chapter may be required to forfeit not more than $50 $150 or one percent 3% of the annual salary of the office for which the candidate is being supported or opposed, whichever is greater, for each day of delinquency.

AB843, s. 123 Section 123. 11.61 (1) of the statutes is amended to read:

AB843,66,9 11.61 (1) (a) 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 $30,000 or imprisoned for not more than 4 13 years and 6 months or both.

AB843,66,14 (b) 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 $30,000 or imprisoned for not more than 4 13 years and 6 months or both.

AB843,66,19 (c) 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 $3,000 or imprisoned for not more than 6 months one year in the county jail or both.

AB843, s. 124 Section 124. 11.66 of the statutes is renumbered 11.66 (1) and amended to read:

AB843,67,8 11.66 (1) Any elector may sue for injunctive relief to compel compliance with this chapter. Before commencing any action concerning a an election for state office or a statewide referendum, an elector shall file a verified complaint with the executive director of the board under s. 5.066 (2) alleging such facts as are within his or her knowledge to show probable cause to believe that a violation has occurred or is proposed to occur. If The verified complaint shall include a notice that the elector intends to seek relief under this section. Except as provided in sub. (2), if the executive director of the board fails to commence an action order the relief that is sought by the elector under s. 5.066 (5) within 10 days of the filing of the complaint and the elector does not appeal the matter to the board under s. 5.066 (8) or the board, after hearing the elector's appeal, does not order the relief sought by the elector under s. 5.066 (9), the elector may commence an action.

AB843,67,13 (3) Separate from any other bond which may be required by the court, the elector may be required to post a surety bond in an amount determined by the court sufficient to cover the actual costs, including reasonable attorney fees, of both parties. If the elector's action is not successful, he or she shall pay the costs of the action.

AB843, s. 125 Section 125. 11.66 (2) of the statutes is created to read:

AB843,67,16 11.66 (2) If the complaint relates to a matter specified in s. 5.066 (12) (a), the elector may commence an action under sub. (1) upon compliance with sub. (1).

AB843, s. 126 Section 126. 12.05 of the statutes is amended to read:

AB843,67,23 12.05 False representations affecting elections. No person may knowingly make or publish, or cause to be made or published, a false representation pertaining to a candidate or referendum which that is intended or tends to affect voting at an election. This section does not apply to any information reported by a person making an independent expenditure, as defined in s. 11.01 (11m), under s. 11.065 (2).

AB843, s. 127 Section 127. 19.42 (3m), (4g), (4r) and (7p) of the statutes are created to read:

AB843,68,2 19.42 (3m) "Candidate," except as otherwise provided, has the meaning given in s. 11.01 (1).

AB843,68,4 (4g) "Clearly identified," when used in reference to a communication containing a reference to a person, means one of the following:

AB843,68,5 (a) The person's name appears.

AB843,68,6 (b) A photograph or drawing of the person appears.

AB843,68,7 (c) The identity of the person is apparent by unambiguous reference.

AB843,68,12 (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.

AB843,68,13 (7p) "Independent expenditure" has the meaning given in s. 11.01 (11m).

AB843, s. 128 Section 128. 19.45 (13) of the statutes is created to read:

AB843,68,24 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 who makes an independent expenditure for the purpose of making a communication that contains a reference to a candidate for state public office.

AB843, s. 129 Section 129. 19.49 (1m) of the statutes is created to read:

AB843,69,5 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.

AB843, s. 130 Section 130. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended to read:

AB843,69,10 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.

AB843, s. 131 Section 131. 19.49 (5) (b) of the statutes is created to read:

AB843,69,14 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).

AB843, s. 132 Section 132. 19.53 (6) of the statutes is amended to read:

AB843,70,7 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.

AB843, s. 133 Section 133. 19.535 of the statutes is created to read:

AB843,70,18 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.

AB843, s. 134 Section 134. 19.59 (1) (br) of the statutes is created to read:

AB843,71,4 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 who makes an independent expenditure for the purpose of making a communication that contains a reference to a candidate for local public office.

AB843, s. 135 Section 135. 19.59 (7) of the statutes is renumbered 19.59 (7) (a) and amended to read:

AB843,71,11 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.

AB843, s. 136 Section 136. 19.59 (7) (b) of the statutes is created to read:

AB843,71,18 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.

AB843, s. 137 Section 137. 19.59 (8) (c) of the statutes is amended to read:

AB843,71,24 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.

AB843, s. 138 Section 138. 19.59 (8) (cm) and (cn) of the statutes are created to read:

AB843,72,5 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.

AB843,72,14 (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.

AB843, s. 139 Section 139. 25.42 of the statutes is amended to read:

AB843,72,22 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), 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.

AB843, s. 140 Section 140. 71.07 (6s) of the statutes is created to read:

AB843,72,24 71.07 (6s) Campaign fund tax credit. (a) Definitions. In this subsection:

AB843,72,25 1. "Claimant" means an individual who makes a designation.

AB843,73,1 2. "Designation" means an amount designated under s. 71.10 (3) (a).

AB843,73,5 (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.

AB843,73,7 (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).

AB843,73,9 2. Part-year residents and nonresidents of this state are not eligible for the credit under this subsection.

AB843,73,11 3. 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.

AB843,73,13 (d) Administration. Subsection (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.

AB843, s. 141 Section 141. 71.10 (3) (a) of the statutes is amended to read:

AB843,74,2 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 up to $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 up to $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.

AB843, s. 142 Section 142. 71.10 (3) (b) of the statutes is amended to read:

AB843,74,16 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, and that the amount of a designation may be claimed as a credit under s. 71.07 (6s). 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. (a) or 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.

AB843, s. 143 Section 143. 71.10 (4) (cs) of the statutes is created to read:

AB843,74,18 71.10 (4) (cs) The campaign fund tax credit under s. 71.07 (6s).

AB843, s. 144 Section 144. 227.03 (6m) of the statutes is created to read:

AB843,74,21 227.03 (6m) Cases before the executive director of the elections board under s. 5.066 are not subject to ss. 227.42 and 227.44 to 227.50.

AB843, s. 145 Section 145. 227.52 (8) of the statutes is created to read:

AB843,74,24 227.52 (8) The decisions of the executive director of the elections board under s. 5.066.

AB843, s. 146 Section 146. Nonstatutory provisions.

AB843,75,4 (1) Wisconsin election campaign fund balance transfer. The balance in the Wisconsin election campaign fund on the effective date of this subsection is 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.

AB843,75,5 (2) Rules for public access channels and public television stations.

AB843,75,14 (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.

AB843,75,18 (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.

AB843, s. 147 Section 147. Initial applicability.

AB843,75,22 (1) Nonresident registrant reporting. The treatment of sections 11.06 (1) (intro.) and (3) (b) (intro.) and 11.12 (4) of the statutes first applies with respect to reporting periods which begin on or after the effective date of this subsection.

AB843,76,2 (2) Contributions transferred by conduits. The treatment of section 11.06 (1) (dm) and (11) (bm) of the statutes first applies to reporting periods for continuing reports under section 11.20 (4) of the statutes that begin on the effective date of this subsection.

AB843,76,5 (3) Cost of living adjustments. (a) The treatment of sections 11.26 (10a) and 11.31 (9) of the statutes first applies to adjustments for the 4-year period beginning on January 1, 2006.

AB843,76,8 (4) Campaign fund tax credit. The treatment of sections 71.07 (6s) and 71.10 (3) (a) and (b) and (4) (cs) of the statutes first applies to the taxable year beginning on January 1, 2002.

AB843,76,9 (End)