Under the bill, any person may file a sworn complaint with the Enforcement
Division alleging a violation of the elections, ethics, or lobbying regulation laws. The
division must investigate the complaint unless the division finds the complaint to be
without merit. The bill also permits the division to investigate any violation of the
elections, ethics, or lobbying regulation laws on its own initiative or upon direction
of the board. The division may order an election official or private person to act in
conformity with the elections, ethics, or lobbying regulation laws or rules of the
board, and may impose a forfeiture (civil monetary penalty) for a violation. The
decision of the division may be appealed to the board or may be appealed directly to
circuit court. In deciding an appeal, the board is not bound by any findings of fact
or conclusions of law made by the division with respect to the matter. If the decision
of the division is not appealed or if the board does not modify or reverse a decision
of the division after hearing an appeal, the decision of the division becomes the
decision of the board. Any decision of the board is also subject to judicial review in
circuit court. If the board modifies or reverses an action of the division, the division
may also seek judicial review of the board's decision. The procedure does not apply
to any alleged violation of the elections, ethics, or lobbying regulation laws by the
board or division, nor to any matter arising in connection with a recount.
Currently, a defendant in a criminal trial is tried in the county where the
defendant's crime is alleged to have been committed, except that the defendant may
request the judge to move the trial to another county and the judge may grant the
request if the judge believes that an impartial trial cannot be had unless the trial is
moved. This bill provides that if the defendant in a criminal trial for a violation of
the elections, ethics, or lobbying regulation laws is a resident of this state, the trial
shall be held in circuit court for the county where the defendant resides, subject to
the current exception.
Currently, opinions of the Elections Board are open to public inspection, but
opinions of the Ethics Board, with limited exceptions, are closed to public inspection.
However, the Ethics Board publishes summaries of its opinions without divulging
information that could reveal the identity of the requester. This bill makes all

opinions issued by the Government Accountability Board closed to public inspection,
subject to the current exceptions for opinions issued by the Ethics Board.
The bill provides for the bill to become law on January 1, 2009, after which date
the members of the Government Accountability Board may be appointed and take
office. However, the existing Elections Board and Ethics Board continue in operation
until June 1, 2009, subject to appropriation of money for continued operation of the
boards by other legislation. Under the bill, the Government Accountability Board
may not exercise administrative or enforcement authority until June 1, 2009. The
bill also provides that the director of the Legislative Council Staff shall serve as
executive director of the Government Accountability Board, without additional
compensation, until the initial executive director of the Government Accountability
Board is appointed and qualified, and may exercise all of the functions of the
executive director of the Government Accountability Board, the enforcement
division, and the administrator of the enforcement division.
Currently, state boards may meet in closed session to discuss the investigation
of charges against specific persons. This bill provides specifically that the
Government Accountability Board may meet in closed session to deliberate
concerning any investigation under the board's jurisdiction.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB2, s. 1 1Section 1. 5.02 (1s) of the statutes is amended to read:
SB2,6,22 5.02 (1s) "Board" means the elections government accountability board.
SB2, s. 2 3Section 2. 5.05 (title) of the statutes is amended to read:
SB2,6,5 45.05 (title) Elections Government accountability board; powers and
5duties.
SB2, s. 3 6Section 3. 5.05 (1) (intro.) of the statutes is amended to read:
SB2,6,107 5.05 (1) General authority. (intro.) The elections government accountability
8board shall have the responsibility for the administration of chs. 5 to 12 and other
9laws relating to elections and election campaigns. Pursuant to such responsibility,
10the board may:
SB2, s. 4 11Section 4. 5.05 (1) (a) of the statutes is repealed.
SB2, s. 5 12Section 5. 5.05 (1) (b) of the statutes is amended to read:
SB2,7,15
15.05 (1) (b) In the discharge of its duties and upon after providing notice to the
2any party or parties being investigated who is the subject of an investigation,
3subpoena and bring before it any person in the state and require the production of
4any papers, books, or other records relevant to an investigation. A circuit court may
5by order permit the inspection and copying of the accounts and the depositor's and
6loan records at any financial institution, as defined in s. 705.01 (3), doing business
7in the state to obtain evidence of any violation of ch. 11 upon showing by the board
8of probable cause to believe there is a violation and that such accounts and records
9may have a substantial relation to the violation. In the discharge of its duties, the
10board may cause the deposition of witnesses to be taken in the manner prescribed
11for taking depositions in civil actions in circuit court. The board shall delegate to the
12enforcement division the power to issue subpoenas and to obtain search warrants
13under this paragraph on behalf of the board, subject to the procedures under s. 5.066
14(6). The delegation is supplemental to the board's exercise of direct authority under
15this paragraph.
SB2, s. 6 16Section 6. 5.05 (1) (c) of the statutes is amended to read:
SB2,8,917 5.05 (1) (c) Bring civil or criminal actions to require forfeitures for any violation
18of ch. 11 under s. 11.60. Forfeiture actions brought by the board may concern only
19violations with respect to reports or statements required by law to be filed with it,
20and other violations arising under elections for state office or statewide referenda

21chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. The board may compromise
22and settle any civil action or potential action brought or authorized to be brought by
23it under ch. 11 which, in the opinion of the board, constitutes a minor violation, a
24violation caused by excusable neglect, or which for other good cause shown, should
25not in the public interest be prosecuted under such chapter. Notwithstanding s.

1778.06, an a civil action or proposed civil action authorized under this paragraph may
2be settled for such sum as may be agreed between the parties. Any settlement made
3by the board shall be in such amount as to deprive the alleged violator of any benefit
4of his or her wrongdoing and may contain a penal component to serve as a deterrent
5to future violations. In settling actions or proposed actions, the board shall treat
6comparable situations in a comparable manner and shall assure that any settlement
7bears a reasonable relationship to the severity of the offense or alleged offense.
8Forfeiture actions brought by the board shall be brought in the circuit court for the
9county wherein the violation is alleged to occur.
SB2, s. 7 10Section 7. 5.05 (1m) of the statutes is created to read:
SB2,8,1311 5.05 (1m) Executive director; legal counsel. The board shall employ an
12executive director outside the classified service and shall employ legal counsel to
13perform legal services outside the enforcement division.
SB2, s. 8 14Section 8. 5.05 (2m) of the statutes is created to read:
SB2,8,2015 5.05 (2m) Enforcement division. (a) The enforcement division shall
16investigate and prosecute alleged civil and criminal violations of laws administered
17by the board pursuant to all statutes granting or assigning that authority or
18responsibility to the board. The enforcement division shall prosecute civil and
19criminal actions brought by the board and shall assist the district attorneys and the
20attorney general in prosecuting criminal actions referred to them by the division.
SB2,8,2321 (b) The board may refer any matter to the enforcement division for
22investigation. Any person may file a verified complaint with the enforcement
23division alleging a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19.
SB2,9,924 (c) 1. The board shall employ at least one full-time attorney and at least one
25full-time staff support individual within the enforcement division. The enforcement

1division may, with or without approval of the board, investigate any possible civil or
2criminal violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 in the name
3of the board. The jurisdiction of the enforcement division is concurrent with the
4jurisdiction of the board, the district attorneys, and where authorized, the attorney
5general to conduct investigations and enforce these laws. The enforcement division
6may request authorization of the board to obtain the assistance of special counsel to
7conduct investigations or to prosecute violations of these laws. The enforcement
8division may also request assistance from the department of justice to conduct
9investigations or to prosecute violations of these laws.
SB2,9,2510 2. Upon opening or concluding an investigation of any alleged violation of chs.
115 to 12, subch. III of ch. 13, or subch. III of ch. 19, the board shall notify the district
12attorney for the county wherein the violation is alleged to occur. Upon opening or
13concluding an investigation of any alleged violation of chs. 5 to 12, subch. III of ch.
1413, or subch. III of ch. 19, a district attorney shall notify the board. Upon request of
15the board or a district attorney, the board and district attorney shall each share
16information in their possession relating to any alleged violation of chs. 5 to 12, subch.
17III of ch. 13, or subch. III of ch. 19. If the board notifies the district attorney for any
18county that it has opened an investigation of an alleged violation of chs. 5 to 12,
19subch. III of ch. 13, or subch. III of ch. 19 that is prosecutable in circuit court for that
20county, the district attorney shall suspend any investigation of the same alleged
21violation that the district attorney is conducting until the board notifies the district
22attorney that it has concluded its investigation and it will not prosecute the alleged
23violation or there elapse 30 days from the date of the board's notification that its
24investigation is concluded and the board does not commence a prosecution of the
25alleged violation.
SB2,10,10
13. The district attorney for any county may refer any matter concerning a
2possible civil or criminal violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of
3ch. 19 to the board. If the board determines not to commence a prosecution with
4respect to a matter concerning an alleged criminal violation of chs. 5 to 12 in an
5election for state or national office, or an alleged violation of subch. III of ch. 13 or
6subch. III of ch. 19 by an elective state official, as defined in s. 13.62 (6), or a state
7public official, as defined in s. 19.42 (14), that is referred to the board under this
8subdivision, the board shall, within 30 days of receipt of the referral, report to the
9district attorney in writing specifying the reasons why it has determined not to
10commence a criminal prosecution.
SB2,10,1511 4. If a district attorney opens an investigation of a possible violation of chs. 5
12to 12, subch. III of ch. 13, or subch. III of ch. 19, the district attorney shall report to
13the board concerning the status of the investigation no later than the end of each
14consecutive 90-day period, beginning on the day that the investigation is opened and
15ending on the day that the investigation is concluded.
SB2,10,2316 5. Each individual who is retained by the board to act as an investigator shall
17make periodic reports to the board, as directed by the board, but in no case may the
18interval for reporting exceed 90 days. If the administrator of the enforcement
19division investigates any matter without retention of an investigator, the
20administrator shall make periodic reports to the board, as directed by the board, but
21in no case may the reporting interval exceed 90 days. If, after receiving a report, the
22board does not terminate the investigation by a vote of at least 4 members of the
23board, the investigation is continued.
SB2,11,824 6. Prior to commencing any prosecution with respect to an alleged violation of
25chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, a district attorney shall provide

1written notice to the board. The district attorney shall not commence a prosecution
2with respect to an alleged violation of chs. 5 to 12 in an election for state or national
3office, or an alleged violation of subch. III of ch. 13 or subch. III of ch. 19 by an elective
4state official, as defined in s. 13.62 (6), or a state public official, as defined in s. 19.42
5(14), unless the board notifies the district attorney in writing that it will not
6commence a prosecution with respect to that alleged violation or the board fails to
7commence a prosecution with respect to that alleged violation within 30 days after
8receiving notice from the district attorney under this subdivision.
SB2,11,139 7. If a district attorney commences a criminal prosecution for an alleged
10violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, the district attorney
11shall report to the board concerning the status of the prosecution no later than the
12end of each consecutive 180-day period, beginning on the day that the prosecution
13is commenced and ending on the day that the prosecution is concluded.
SB2,11,1814 8. If the enforcement division commences a prosecution for an alleged violation
15of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, the division shall report to
16the board concerning the status of the prosecution no later than the end of each
17consecutive 180-day period, beginning on the day that the prosecution is commenced
18and ending on the day that the prosecution is concluded.
SB2,11,2119 9. The enforcement division may file a compliant against any person only upon
20authorization by the board. A vote of at least 4 members of the board is required for
21authorization.
SB2,12,222 10. Upon employment of any individual to serve as special counsel for the
23enforcement division, the administrator of the division shall certify the maximum
24amount provided in the employment contract to the secretary of administration, and

1direct the department of administration to pay special counsel bills related to that
2case within the certified amount.
SB2,12,73 (e) The enforcement division is bound by applicable laws, rules, formal
4opinions, and actions of the board, except that the division may nonacquiesce in any
5formal opinion of the board by publishing a notice of nonacquiescence in the
6Wisconsin Administrative Register. Thereafter, the division is not bound by the
7formal opinion in which the division nonacquiesces.
SB2,12,128 (f) Whenever under this subsection an investigation or civil prosecution relates
9to an alleged violation of ch. 11 that arises out of an election for county office or a
10county referendum within a county that is served by a board of election
11commissioners, all references to the district attorney for that county shall include,
12in addition, the board of election commissioners.
SB2, s. 9 13Section 9. 5.05 (3) (a) of the statutes is amended to read:
SB2,12,1814 5.05 (3) (a) The board shall upon complaint by any person or on its own motion
15investigate violations of the elections laws and shall notify the district attorney of for
16the proper county, or the attorney general or the governor where appropriate under
17s. 11.60 (4) or 11.61 (2) of any facts within its knowledge or evidence in its possession
18which may be grounds for civil action or criminal prosecution.
SB2, s. 10 19Section 10. 5.05 (3m) of the statutes is created to read:
SB2,12,2120 5.05 (3m) Chief election officer. The board shall designate an employee of
21the board to serve as the chief election officer of this state.
SB2, s. 11 22Section 11. 5.05 (5) of the statutes is repealed.
SB2, s. 12 23Section 12. 5.05 (5s) (title) and (d) of the statutes are created to read:
SB2,12,2424 5.05 (5s) (title) Access to records.
SB2,13,2
1(d) All records of votes taken upon actions by the board are open to public
2inspection and copying under s. 19.35 (1).
SB2, s. 13 3Section 13. 5.05 (6) of the statutes is repealed.
SB2, s. 14 4Section 14. 5.05 (11) of the statutes is repealed.
SB2, s. 15 5Section 15. 5.052 of the statutes is created to read:
SB2,13,9 65.052 Government accountability candidate committee. (1) The
7government accountability candidate committee shall organize whenever a vacancy
8occurs in the membership of the board that requires a nomination to be submitted
9to the governor under s. 15.60 (2).
SB2,13,11 10(2) No person may be nominated by the committee unless the person receives
11the unanimous approval of the committee.
SB2,13,13 12(3) Except as provided in sub. (4), the committee shall submit the following
13number of nominations:
SB2,13,1414 (a) To fill one vacancy, 2 nominations.
SB2,13,1515 (b) To fill 2 vacancies, 3 nominations.
SB2,13,1616 (c) To fill 3 vacancies, 5 nominations.
SB2,13,1717 (d) To fill 4 vacancies, 6 nominations.
SB2,13,1818 (e) To fill 5 vacancies, 7 nominations.
SB2,13,1919 (f) To fill 6 vacancies, 8 nominations.
SB2,13,21 20(4) If a nomination of the governor is rejected by the senate or the assembly,
21the committee shall submit an additional nominee to the governor.
SB2, s. 16 22Section 16. 5.054 of the statutes is created to read:
SB2,13,24 235.054 Duties of the executive director. The executive director of the board
24shall:
SB2,14,2
1(1) Whenever a vacancy occurs on the board, call a meeting of the government
2accountability candidate committee.
SB2,14,4 3(2) Assist the government accountability candidate committee in the
4performance of its functions.
SB2, s. 17 5Section 17. 5.066 of the statutes is created to read:
SB2,14,6 65.066 Complaints and decision-making procedure. (1) In this section:
SB2,14,77 (a) "Division" means the enforcement division of the board.
SB2,14,108 (b) "Election official" includes any board of election commissioners under s. 7.20
9or governing body of a local governmental unit that has the responsibility to
10administer the election laws.
SB2,14,1111 (c) "Local governmental unit" has the meaning given in s. 16.97 (7).
SB2,14,1212 (d) "Working day" has the meaning given in s. 227.01 (14).
SB2,14,24 13(2) Any person may file a verified complaint with the division alleging a
14violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. The division shall
15investigate the complaint unless the division finds the complaint to be without merit.
16The division may, on its own motion or upon direction of the board, investigate any
17possible violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 whenever
18the division has probable cause to believe that a violation has occurred. If the
19division finds, by a preponderance of evidence, that a complaint is frivolous, the
20division may order the complainant to forfeit not more than the greater of $500 or
21the expenses incurred in investigating the complaint. The attorney general, when
22so requested by the division, shall institute proceedings to recover any forfeiture
23incurred under this subsection that is not paid by the person against whom it is
24assessed.
SB2,15,7
1(3) If the complaint concerns a question as to whether an election official or a
2private person is acting in conformity with the law or rules of the board, the person
3filing the complaint shall serve a copy of the complaint upon that official or private
4person and that official or private person shall be a party to the case. An election
5official or private person may move to dismiss a complaint if it is clearly without
6merit. If the division finds, in response to a motion, that a complaint is clearly
7without merit, the division shall dismiss the complaint.
SB2,15,10 8(4) If the division does not dismiss a complaint, the division shall issue a
9proposed decision, which shall include findings of fact and conclusions of law and
10may include an order under sub. (5).
SB2,15,15 11(5) The division may order an election official or a private person to act in
12conformity with chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or rules of the
13board, or may, by order, impose a civil penalty under s. 11.60 or 12.60 (1) (c) or (d),
1413.69, or 19.579 for any violation of ch. 11 or 12, subch. III of ch. 13, or subch. III of
15ch. 19 for which a civil penalty is applicable.
SB2,16,6 16(6) Subject to the procedures under this subsection, the division may, in the
17discharge of its functions under this section and after providing notice to any party
18who is the subject of an investigation, subpoena and bring before it any person and
19require the production of any papers, books, or other records relevant to an
20investigation. Prior to issuing a subpoena or obtaining a search warrant, the division
21shall submit a written request for this purpose to the board. If the board does not
22disapprove the request within 10 days of receiving the request, the division may
23issue the subpoena or obtain the search warrant. A circuit court may by order permit
24the inspection and copying of the accounts and the depositor's and loan records at any
25financial institution, as defined in s. 705.01 (3), doing business in this state to obtain

1evidence of any violation of ch. 11 or 12, subch. III of ch. 1 3, or subch. III of ch. 19
2upon a showing by the division of probable cause to believe there is a violation and
3that such accounts and records may have a substantial relation to the violation. In
4the discharge of its functions under this section, the division may cause the
5deposition of witnesses to be taken in the manner prescribed for taking depositions
6in civil actions in circuit court.
SB2,16,10 7(7) If the division issues a decision under sub. (4) that contains an order under
8sub. (5), the order is effective upon service of the order notwithstanding any appeal
9to the board under sub. (8) or to circuit court under sub. (11), except that the division
10may stay such an order pending an appeal.
SB2,16,20 11(8) Any party aggrieved by a proposed decision under sub. (4) may appeal the
12proposed decision to the board within 20 days after service of a copy of the decision
13upon the party. If no appeal is filed within 20 days of service of a copy of a proposed
14decision upon each party to the case in which the decision is made, the decision is
15final and becomes the decision of the board. In appealing a decision of the division,
16the appellant shall indicate in its appeal whether the appellant contests any finding
17of fact made by the division. If an appellant does not contest a finding of fact, the
18validity of which is reasonably ascertainable to the appellant at the time of the
19appeal, that finding is conclusive against the appellant in all subsequent
20proceedings.
SB2,17,8 21(9) If a proposed decision of the division is appealed to the board, the board shall
22hear the appeal at its next meeting occurring at least 3 working days after the appeal
23is received by the board. In reviewing the decision of the division, the board is not
24bound by any finding of fact that is contested or any conclusion of law made by the
25division. After hearing the appeal, the board may issue a decision, which shall

1include findings of fact and conclusions of law. In its decision, the board may affirm,
2modify, or reverse an order issued by the division under sub. (5), and may order an
3election official or a private person to act in conformity with chs. 5 to 12, subch. III
4of ch. 13, or subch. III of ch. 19 or rules of the board, or may, by order, impose a civil
5penalty under s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 for any violation of ch. 11
6or 12, subch. III of ch. 13, or subch. III of ch. 19 for which a civil penalty is applicable.
7If the board does not modify or reverse a decision of the division at the meeting at
8which an appeal of a decision is heard, the decision is affirmed.
SB2,17,12 9(10) If a person aggrieved by a decision issued under sub. (4) that contains an
10order under sub. (5) appeals the decision to the board and the board modifies the
11order, the modified order is effective upon service, except that the division may stay
12such an order pending judicial review under s. 227.57.
SB2,17,21 13(11) The defendant may appeal any decision of the division or the board in a
14contested case arising under this section as provided in s. 227.57. If the board
15modifies or reverses an order issued by the division under sub. (5), the division may
16seek judicial review of the decision. In seeking judicial review of a decision of the
17division or the board, the appellant shall indicate in its petition for review whether
18the appellant contests any finding of fact made by the division or the board that is
19not conclusive against the appellant. If the appellant does not contest any finding
20of fact made by the division or the board, that finding is conclusive against the
21appellant.
SB2,18,7 22(12) When the enforcement division issues an order imposing a forfeiture
23under sub. (2) or s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 that is not appealed in
24a timely manner under sub. (8) or (11), or when the board issues an order imposing
25a forfeiture under sub. (2) or s. 11.60, 12.60 (1) (c) or (d), 13.69, or 19.579 and the

1period allowed under s. 227.57 for judicial review of the order expires, the division
2or board may file a copy of its order with the clerk of circuit court for Dane County.
3The clerk shall thereupon enter the order in the judgment and lien docket in the same
4manner as provided for entry of civil judgments under s. 806.10. The division or
5board may also enter the order on the judgment and lien docket of any other county
6under s. 806.13. The order may be enforced and satisfied in the same manner as
7provided for enforcement and satisfaction of civil judgments.
SB2,18,12 8(13) If the division or the board issues an order requiring an election official
9or private person to act in conformity with chs. 5 to 12, subch. III of ch. 13, or subch.
10III of ch. 19 or rules of the board, the division may file an action in circuit court for
11any county where the official or other person is present to obtain relief requiring
12compliance with the order.
SB2,18,15 13(14) (a) This section does not apply to any complaint brought by an election
14official or private person in which the board or the division is alleged to have violated
15the law.
SB2,18,1716 (b) This section does not apply to any matter arising in connection with a
17recount under s. 9.01.
SB2, s. 18 18Section 18. 5.40 (7) of the statutes is amended to read:
SB2,18,2519 5.40 (7) Whenever a municipality adopts and purchases voting machines or an
20electronic voting system, or adopts and purchases a different type of voting machine
21or electronic voting system from the type it was previously using, the municipal clerk
22or executive director of the municipal board of election commissioners shall promptly
23notify the county clerk or executive director of the county board of election
24commissioners and the executive director of the elections government accountability
25board in writing.
SB2, s. 19
1Section 19. 5.62 (4) (b) of the statutes is amended to read:
SB2,19,62 5.62 (4) (b) The county board of election commissioners in counties having a
3population of more than 500,000 shall prepare the official primary ballot. The
4commissioners shall arrange the names of all candidates for each office whose
5nomination papers are filed at the county level, using the same method as that used
6by the elections government accountability board under s. 5.60 (1) (b).
SB2, s. 20 7Section 20. 5.68 (4) of the statutes is amended to read:
SB2,19,98 5.68 (4) Except as provided under sub. (7), the The cost of compensation of
9election officials and trainees shall be borne in the manner provided in s. 7.03.
SB2, s. 21 10Section 21. 5.68 (7) of the statutes is repealed.
SB2, s. 22 11Section 22. 6.26 (2) (b) of the statutes is amended to read:
SB2,19,1812 6.26 (2) (b) The municipal clerk, board of election commissioners, or elections
13government accountability board may appoint any applicant who qualifies under
14this subsection, unless the applicant's appointment has been revoked by a
15municipality or by the board for cause. The municipal clerk, board of election
16commissioners, or elections government accountability board may revoke an
17appointment made by the clerk, board of election commissioners, or elections
18government accountability board for cause at any time.
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