SB104, s. 93 3Section 93. 11.60 (3s) and (3t) of the statutes are created to read:
SB104,44,144 11.60 (3s) Notwithstanding sub. (1), if any candidate or other individual or
5committee, including a conduit, accepts or transfers a contribution, makes a
6disbursement, or incurs an obligation to make a disbursement for the purpose of
7supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (d), (e),
8or (f) or for a purpose specified in s. 11.01 (16) (a) 3. without first registering under
9s. 11.05 (1), (2), or (2g) to the extent required under s. 11.05 (1), (2), and (2g), or
10without reporting the information required under s. 11.12 (6) (b), (c), or (e) or (7) or
1111.20 (3) or (4) with respect to that contribution, disbursement, or obligation, to the
12extent required under ss. 11.12 (6) (b), (c), and (e) and (7) and 11.20 (3) and (4), the
13candidate or other individual or committee may be required to forfeit not more than
14$500 per day for each day of continued violation.
SB104,44,21 15(3t) Notwithstanding sub. (1), if any candidate or other individual or
16committee, including a conduit, accepts or transfers one or more contributions,
17makes one or more disbursements, or incurs one or more obligations to make
18disbursements for the purpose of supporting or opposing a candidate for an office
19specified in s. 11.31 (1) (a) to (d), (e), or (f) or for a purpose specified in s. 11.01 (16)
20(a) 3. in an amount or value that differs from the amount reported by that individual
21or committee under s. 11.12 (6) (b), (c), or (e) or (7) or 11.20 (3) or (4):
SB104,44,2422 (a) By more than 5% but not more than 10% cumulatively, the candidate or
23other individual or committee shall forfeit 4 times the amount or value of the
24difference.
SB104,45,3
1(b) By more than 10% but not more than 15% cumulatively, the candidate or
2other individual or committee shall forfeit 6 times the amount or value of the
3difference.
SB104,45,54 (c) By more than 15% cumulatively, the candidate or other individual or
5committee shall forfeit 8 times the amount of the difference.
SB104, s. 94 6Section 94 . 11.61 (1) (a) of the statutes is amended to read:
SB104,45,107 11.61 (1) (a) Whoever Except as provided in par. (d), whoever intentionally
8violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or
911.24 (1) may be fined not more than $10,000 or imprisoned for not more than 4 years
10and 6 months or both.
SB104, s. 95 11Section 95 . 11.61 (1) (b) of the statutes is amended to read:
SB104,45,1612 11.61 (1) (b) Whoever Except as provided in par. (d), whoever intentionally
13violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation
14does not involve a specific figure, or where the intentional violation concerns a figure
15which exceeds $100 in amount or value may be fined not more than $10,000 or
16imprisoned for not more than 4 years and 6 months or both.
SB104, s. 96 17Section 96. 11.61 (1) (c) of the statutes is amended to read:
SB104,45,2218 11.61 (1) (c) Whoever Except as provided in par. (d), whoever intentionally
19violates any provision of this chapter other than those provided in par. (a) and
20whoever intentionally violates any provision under par. (b) where the intentional
21violation concerns a specific figure which does not exceed $100 in amount or value
22may be fined not more than $1,000 or imprisoned not more than 6 months or both.
SB104, s. 97 23Section 97 . 11.61 (1) (d) of the statutes is created to read:
SB104,46,824 11.61 (1) (d) Whoever, with intent to conceal or deceive, accepts or transfers a
25contribution, makes a disbursement, or incurs an obligation to make a disbursement

1for the purpose of supporting or opposing a candidate for an office specified in s. 11.31
2(1) (a) to (d), (e), or (f) or for a purpose specified in s. 11.01 (16) (a) 3. without first
3registering under s. 11.05 (1), (2), or (2g), to the extent required under s. 11.05 (1),
4(2), and (2g), or without reporting the information required under s. 11.12 (6) (b), (c),
5or (e) or (7) or 11.20 (3) or (4) with respect to that contribution, disbursement, or
6obligation, to the extent required under ss. 11.12 (6) (b), (c), and (e) and (7) and 11.20
7(3) and (4), may be fined not more than $10,000 or imprisoned for not more than 5
8years, or both.
SB104, s. 98 9Section 98. 11.62 of the statutes is created to read:
SB104,46,16 1011.62 Nullification of election. (1) If one or more violations that are
11punishable under s. 11.60 (3t) (c) are of sufficient severity to have affected the result
12of an election, the board or the district attorney for any county where such a violation
13occurs, or any candidate who is adversely affected by the result of the election, may
14commence a civil action to obtain a judgment nullifying the election, vacating the
15office filled at the election, and ordering a special election to be held to fill the office
16vacated by the judgment.
SB104,47,6 17(2) Notwithstanding s. 5.05 (1) (c), if a candidate is a party to an action
18commenced under this section, the action may not be compromised or settled without
19consent of the candidate. If an action under this section is commenced by the board
20or a district attorney and any unsuccessful candidate whose name appeared on the
21ballot at the election is not a party to the action, the board or district attorney shall
22provide at least 30 days' written notice to each such candidate of any intent of the
23board or district attorney to compromise and settle the action. Notwithstanding s.
245.05 (1) (c), during the 30-day period following service of notice, the board or district
25attorney shall not compromise and settle the action, and any candidate upon whom

1notice is served may intervene in the action. If any such candidate intervenes in the
2action within the 30-day period following service of notice, the board or district
3attorney shall not compromise or settle the action. If no nonconsenting candidate
4who is adversely affected by the result of the election is a party to the action and no
5such candidate intervenes in the action within the 30-day period following service
6of notice, the party commencing the action may compromise and settle the action.
SB104, s. 99 7Section 99. 14.58 (20) of the statutes is amended to read:
SB104,47,118 14.58 (20) Election campaign Clean government fund. Make disbursements
9to each candidate certified under s. 7.08 (2) (c) or (cm) by the elections board as
10eligible to receive moneys from the Wisconsin election campaign clean government
11fund.
SB104, s. 100 12Section 100. 20.510 (1) (q) of the statutes is amended to read:
SB104,47,1613 20.510 (1) (q) Wisconsin election campaign Clean government fund. As a
14continuing appropriation, from the Wisconsin election campaign clean government
15fund, the moneys amounts determined under s. 11.50 to provide for payments to
16eligible candidates certified under s. 7.08 (2) (c) and (cm).
SB104, s. 101 17Section 101. 20.855 (4) (b) of the statutes is repealed.
SB104, s. 102 18Section 102. 20.855 (4) (bb) of the statutes is created to read:
SB104,47,2319 20.855 (4) (bb) Clean government fund supplement. A sum sufficient equal to
20the amounts required to make full payment of grants which candidates qualify to
21receive from the clean government fund, to be transferred from the general fund to
22the clean government fund no later than the time required to make payments of
23grants under s. 11.50 (5).
SB104, s. 103 24Section 103. 25.17 (1) (ys) of the statutes is amended to read:
SB104,47,2525 25.17 (1) (ys) Wisconsin election campaign Clean government fund (s. 25.42);
SB104, s. 104
1Section 104. 25.42 of the statutes is amended to read:
SB104,48,7 225.42 Wisconsin election campaign Clean government fund. All moneys
3appropriated under s. 20.855 (4) (b) (bb) together with all moneys reverting to the
4state under s. 11.50 (8) and all gifts, bequests and devises received under s. 11.50 (13)
5constitute the Wisconsin election campaign clean government fund, to be expended
6for the purposes of s. 11.50. All moneys in the fund not disbursed by the state
7treasurer shall continue to accumulate indefinitely.
SB104, s. 105 8Section 105. 71.10 (3) of the statutes is repealed.
SB104, s. 106 9Section 106. Nonstatutory provisions.
SB104,48,1110 (1) Notwithstanding section 990.001 (11) of the statutes, if a court finds that
11any provision of this act is unconstitutional, the entire act is void.
SB104, s. 107 12Section 107. Initial applicability.
SB104,48,1513 (1) The treatment of sections 11.12 (7) (d), 11.26 (10a), 11.31 (9), and 11.50 (9a)
14of the statutes first applies to adjustments for the biennium beginning on January
151, 2004.
SB104,48,1616 (End)
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