LRB-0477/2
JTK:nwn&kjf:jf
2009 - 2010 LEGISLATURE
February 17, 2009 - Introduced by Representatives Gottlieb, Kaufert, Ballweg,
Bies, Brooks, Cullen, Davis, Gunderson, Lothian, Meyer, Mursau, Murtha,
Nass, Nygren, A. Ott, Petrowski, Roth, Strachota, Van Roy
and Ripp,
cosponsored by Senators Harsdorf, Olsen, Cowles and Schultz. Referred to
Committee on Elections and Campaign Reform.
AB42,1,3 1An Act to create 11.24 (4) and 11.60 (3p) of the statutes; relating to: acceptance
2of certain political contributions by certain elective state officials, officials elect,
3and committees and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits any incumbent partisan elective state official, including the
governor and lieutenant governor, or his or her personal campaign or authorized
support committee, from accepting any political contribution for the purpose of
promoting his or her nomination or reelection to the office held by the official during
the period from January 1 of an odd-numbered year through the date of enactment
of the biennial budget act. The bill also prohibits an incumbent governor or
lieutenant governor, or an individual who has been elected to either of those offices
but who has not taken office, or his or her personal campaign or authorized support
committee, from accepting any political contribution for the purpose of promoting his
or her nomination or reelection to the office that the individual holds or to which the
individual has been elected during the period from the day after the date of the
general election through the succeeding first Monday in January. The prohibition
does not apply to contributions accepted by an incumbent official who is subject to
a recall election or by the official's personal campaign or authorized support
committee from the date on which the petition for a recall election is filed until the
date of the recall election. In addition, the bill prohibits a legislative campaign
committee from accepting any political contribution during the period from January
1 of an odd-numbered year through the date of enactment of the biennial budget act.

Violators are subject to a forfeiture (civil penalty) of treble the amount or value
of any unlawful contribution. Intentional violators are guilty of a misdemeanor and
may be fined not more than $1,000 or imprisoned for not more than six months or
both.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB42, s. 1 1Section 1. 11.24 (4) of the statutes is created to read:
AB42,2,72 11.24 (4) (a) No incumbent partisan state elective official, including the
3governor and lieutenant governor, and no personal campaign committee or support
4committee authorized under s. 11.05 (3) (p) of such an official may accept any
5contribution for the purpose of promoting that official's nomination or reelection to
6the office held by the official during the period beginning on January 1 of an
7odd-numbered year and ending on the date of enactment of the biennial budget act.
AB42,3,38 (b) No individual who is serving as governor or lieutenant governor, no
9individual who has been elected to the office of governor or lieutenant governor but
10has not yet taken office, and no personal campaign committee or support committee
11authorized under s. 11.05 (3) (p) of any such individual may accept any contribution
12for the purpose of promoting that individual's nomination to or reelection to the office
13that the individual holds or to which the individual has been elected beginning on
14the day after the date of the general election and ending on the succeeding first
15Monday in January. For purposes of this paragraph, the legal counsel to the board
16shall determine, on the basis of media reports, if it is generally acknowledged that
17an individual has been elected to the office of governor or lieutenant governor, and
18shall inform in writing any individual whom the legal counsel determines to have

1been so elected as soon as the legal counsel makes such a determination. In making
2his or her determination, the legal counsel is bound by the certification of the
3chairperson of the board or his or her designee if the certification has been issued.
AB42,3,94 (c) Notwithstanding par. (a), an incumbent partisan state elective official
5against whom a recall petition has been filed or the personal campaign or authorized
6support committee of such an official may accept a contribution during the period
7beginning on the date on which the petition is filed under s. 9.10 (3) (b) and ending
8on the date of the recall election or the date on which the official resigns if the official
9resigns at an earlier date under s. 9.10 (3) (c).
AB42,3,1210 (d) No legislative campaign committee may accept any contribution during the
11period beginning on January 1 of an odd-numbered year and ending on the date of
12enactment of the biennial budget act.
AB42,3,1513 (e) If in any year there is more than one executive budget bill under s. 16.47
14(1m), the period under pars. (a) and (d) ends on the date of enactment of the last such
15bill.
AB42, s. 2 16Section 2. 11.60 (3p) of the statutes is created to read:
AB42,3,2117 11.60 (3p) Notwithstanding sub. (1), any elective state official, official elect, or
18personal campaign or authorized support committee of any such official or official
19elect who accepts a contribution in violation of s. 11.24 (4) or any legislative campaign
20committee that accepts a contribution in violation of s. 11.24 (4) shall forfeit treble
21the amount of the contribution.
AB42,3,2222 (End)
Loading...
Loading...