AB388-engrossed,14,82 5.05 (2m) (c) 6. b. The board commission shall enter into a written contract with
3any individual who is retained as special counsel setting forth the terms of the
4engagement. The contract shall set forth the compensation to be paid such counsel
5by the state. The contract shall be executed on behalf of the state by the board's legal
6counsel, who
commission and the commission shall file the contract in the office of
7the secretary of state. The compensation shall be charged to the appropriation under
8s. 20.505 (1) (d) 20.510 (1) (br).
AB388-engrossed,21 9Section 21. 5.05 (2m) (c) 8. of the statutes is repealed.
AB388-engrossed,22 10Section 22. 5.05 (2m) (c) 12. of the statutes is amended to read:
AB388-engrossed,14,1711 5.05 (2m) (c) 12. The board may commission shall, by rule, prescribe categories
12of civil offenses which the board commission will agree to compromise and settle
13without a formal investigation upon payment of specified amounts by the alleged
14offender. The board commission may authorize the commission administrator of the
15ethics and accountability division
to compromise and settle such alleged offenses in
16the name of the board commission if the alleged offenses by an offender, in the
17aggregate, do not involve payment of more than $1,000 $2,500.
AB388-engrossed,23 18Section 23. 5.05 (2m) (c) 13. of the statutes is amended to read:
AB388-engrossed,15,319 5.05 (2m) (c) 13. If a special investigator or the commission administrator of
20the ethics and accountability division
, in the course of an investigation authorized
21by the board commission, discovers evidence that a violation under subd. 2. that was
22not within the scope of the authorized investigation has occurred or is occurring, the
23special investigator or the administrator may present that evidence to the board
24commission. If the board commission finds that there is a reasonable suspicion that
25a violation under subd. 2. that is not within the scope of the authorized investigation

1has occurred or is occurring, the board commission may authorize the special
2investigator or the administrator to investigate the alleged violation or may elect to
3authorize a separate investigation of the alleged violation as provided in subd. 4.
AB388-engrossed,24 4Section 24. 5.05 (2m) (c) 14. of the statutes is amended to read:
AB388-engrossed,15,145 5.05 (2m) (c) 14. If a special investigator or the commission administrator of
6the ethics and
accountability division of the board, in the course of an investigation
7authorized by the board commission, discovers evidence of a potential violation of a
8law that is not administered by the board commission arising from or in relation to
9the official functions of the subject of the investigation or any matter that involves
10elections, ethics, or lobbying regulation, the special investigator or the administrator
11may present that evidence to the board commission. The board commission may
12thereupon refer the matter to the appropriate district attorney specified in subd. 11.
13or may refer the matter to the attorney general. The attorney general may then
14commence a civil or criminal prosecution relating to the matter.
AB388-engrossed,25 15Section 25. 5.05 (2m) (d) 1. of the statutes is amended to read:
AB388-engrossed,15,1916 5.05 (2m) (d) 1. No individual who serves as the legal counsel to the board or
17as a division
commission administrator for the board may have been a lobbyist, as
18defined in s. 13.62 (11). No such individual may have served in a partisan state or
19local office.
AB388-engrossed,26 20Section 26. 5.05 (2m) (g) of the statutes is repealed.
AB388-engrossed,27 21Section 27. 5.05 (2m) (h) of the statutes is amended to read:
AB388-engrossed,16,322 5.05 (2m) (h) If the defendant in an action for a civil violation of chs. 5 to 10 or
2312, subch. III of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit judge
24or a candidate for either such office, the action shall be brought by the board
25commission. If the defendant in an action for a civil violation of chs. 5 to 10 or 12,

1subch. III of ch. 13, or subch. III of ch. 19
is the attorney general or a candidate for
2that office, the board commission may appoint special counsel to bring suit on behalf
3of the state.
AB388-engrossed,28 4Section 28. 5.05 (2m) (i) of the statutes is amended to read:
AB388-engrossed,16,115 5.05 (2m) (i) If the defendant in an action for a criminal violation of chs. 5 to
610 or 12, subch. III of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit
7judge or a candidate for either such office, the action shall be brought by the attorney
8general. If the defendant in an action for a criminal violation of chs. 5 to 10 or 12,
9subch. III of ch. 13, or subch. III of ch. 19
is the attorney general or a candidate for
10that office, the board commission may appoint a special prosecutor to conduct the
11prosecution on behalf of the state.
AB388-engrossed,29 12Section 29. 5.05 (2m) (k) of the statutes is created to read:
AB388-engrossed,16,1513 5.05 (2m) (k) The commission's power to initiate civil actions under this
14subsection for the enforcement of chs. 5 to 10 or 12 shall be the exclusive remedy for
15alleged civil violations of chs. 5 to 10 or 12.
AB388-engrossed,30 16Section 30. 5.05 (2q) of the statutes is created to read:
AB388-engrossed,17,1217 5.05 (2q) Supplemental funding for ongoing investigations. The commission
18may request supplemental funds to be credited to the appropriation account under
19s. 20.510 (1) (be) for the purpose of continuing an ongoing investigation initiated
20under sub. (2m). A request under this subsection shall be filed with the secretary of
21administration and the cochairpersons of the joint committee on finance in writing
22and shall contain a statement of the action requested, the purposes therefor, the
23statutory provision authorizing or directing the performance of the action, and
24information about the nature of the investigation for which the commission seeks
25supplemental funds, excluding the name of any individual or organization that is the

1subject of the investigation. If the cochairpersons of the joint committee on finance
2do not notify the secretary of administration that the committee has scheduled a
3meeting for the purpose of reviewing the request within 14 working days after the
4commission filed the request, the secretary shall supplement the appropriation
5under s. 20.510 (1) (be) from the appropriation under s. 20.505 (1) (d) in an amount
6not to exceed the amount the commission requested. If, within 14 working days after
7the commission filed the request, the cochairpersons of the joint committee on
8finance notify the secretary that the committee has scheduled a meeting for the
9purpose of reviewing the commission's request under this subsection, the secretary
10may supplement the appropriation under s. 20.510 (1) (be) only with the committee's
11approval. The committee and the secretary shall notify the commission of all their
12actions taken under this subsection.
AB388-engrossed,31 13Section 31. 5.05 (2s) of the statutes is repealed.
AB388-engrossed,32 14Section 32. 5.05 (2w) of the statutes is amended to read:
AB388-engrossed,17,1615 5.05 (2w) Elections Division commission. The elections division commission
16has the responsibility for the administration of chs. 5 to 10 and 12.
AB388-engrossed,33 17Section 33. 5.05 (3d) of the statutes is created to read:
AB388-engrossed,17,2418 5.05 (3d) Administrator. The commission shall appoint an administrator in
19the manner provided under s. 15.61 (1) (b). The administrator shall be outside the
20classified service. The administrator shall appoint such other personnel as he or she
21requires to carry out the duties of the commission and may designate a commission
22employee to serve as the commission's legal counsel. The administrator shall
23perform such duties as the commission assigns to him or her in the administration
24of chs. 5 to 10 and 12.
AB388-engrossed,34 25Section 34. 5.05 (3g) of the statutes is amended to read:
AB388-engrossed,18,2
15.05 (3g) Chief election officer. The board commission administrator shall
2designate an employee of the board to serve as the chief election officer of this state.
AB388-engrossed,35 3Section 35. 5.05 (5e) of the statutes is amended to read:
AB388-engrossed,18,184 5.05 (5e) Biennial Annual report. The board commission shall include in its
5biennial
submit an annual report under s. 15.04 (1) (d) and shall include in its annual
6report
the names and duties of all individuals employed by the board commission and
7a summary of its determinations and advisory opinions issued under sub. (6a).
8Except as authorized or required under sub. (5s) (f) 2., the board commission shall
9make sufficient alterations in the summaries to prevent disclosing the identities of
10individuals or organizations involved in the decisions or opinions. The board may
11also include in its biennial report any information compiled under s. 11.21 (7)
The
12commission shall identify in its report the statutory duties of the commission
13administrator, together with a description of the manner in which those duties are
14being fulfilled. Notwithstanding sub. (5s) and s. 12.13 (5), the commission shall also
15specify in its report the total number of investigations conducted by the commission
16since the last annual report and a description of the nature of each investigation
. The
17board commission shall make such further reports on the matters within its
18jurisdiction and such recommendations for further legislation as it deems desirable.
AB388-engrossed,36 19Section 36. 5.05 (5s) (intro.) of the statutes is amended to read:
AB388-engrossed,18,2420 5.05 (5s) Access to records. (intro.) Records obtained or prepared by the board
21commission in connection with an investigation, including the full text of any
22complaint received by the board commission, are not subject to the right of inspection
23and copying under s. 19.35 (1), except as provided in pars. (d) and (e) and except that
24follows:
AB388-engrossed,37 25Section 37. 5.05 (5s) (am) of the statutes is created to read:
AB388-engrossed,19,3
15.05 (5s) (am) The commission shall provide to the joint committee on finance
2records obtained or prepared by the commission in connection with an ongoing
3investigation when required under sub. (2q).
AB388-engrossed,38 4Section 38. 5.05 (5s) (b) of the statutes is amended to read:
AB388-engrossed,19,75 5.05 (5s) (b) Investigatory records of the board commission may be made public
6in the course of a prosecution initiated under chs. 5 to 10 or 12, subch. III of ch. 13,
7or subch. III of ch. 19
.
AB388-engrossed,39 8Section 39. 5.05 (5s) (bm) of the statutes, as created by 2015 Wisconsin Act 2,
9is amended to read:
AB388-engrossed,19,1210 5.05 (5s) (bm) The board commission shall provide investigatory records to the
11state auditor and the employees of the legislative audit bureau to the extent
12necessary for the bureau to carry out its duties under s. 13.94.
AB388-engrossed,40 13Section 40. 5.05 (5s) (d) of the statutes is amended to read:
AB388-engrossed,19,2014 5.05 (5s) (d) If the board commission commences a civil prosecution of a person
15for an alleged violation of chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch.
1619
as the result of an investigation, the person who is the subject of the investigation
17may authorize the board commission to make available for inspection and copying
18under s. 19.35 (1) records of the investigation pertaining to that person if the records
19are available by law to the subject person and the board commission shall then make
20those records available.
AB388-engrossed,40d 21Section 40d. 5.05 (5s) (f) 1. of the statutes is repealed.
AB388-engrossed,40h 22Section 40h. 5.05 (5s) (f) 2. a. of the statutes is repealed.
AB388-engrossed,40p 23Section 40p. 5.05 (5s) (f) 2. b. of the statutes is repealed.
AB388-engrossed,40t 24Section 40t. 5.05 (5s) (f) 2. c. of the statutes is renumbered 5.05 (5s) (f) and
25amended to read:
AB388-engrossed,20,5
15.05 (5s) (f) The board commission shall make public formal and informal
2advisory opinions and records obtained in connection with requests for formal or
3informal
advisory opinions relating to matters under the jurisdiction of the elections
4division
commission, including the identity of individuals requesting such opinions
5or organizations or governmental bodies on whose behalf they are requested
.
AB388-engrossed,43 6Section 43. 5.05 (5t) of the statutes is created to read:
AB388-engrossed,20,127 5.05 (5t) Guidance following binding court decisions. Within 2 months
8following the publication of a decision of a state or federal court that is binding on
9the commission and this state, the commission shall issue updated guidance or
10formal advisory opinions, commence the rule-making procedure to revise
11administrative rules promulgated by the commission, or request an opinion from the
12attorney general on the applicability of the court decision.
AB388-engrossed,44 13Section 44. 5.05 (6a) of the statutes is renumbered 5.05 (6a) (a) 1. and
14amended to read:
AB388-engrossed,21,615 5.05 (6a) (a) 1. Any individual, either personally or on behalf of an organization
16or governmental body, may make a written or electronic request of the board
17commission in writing, electronically, or by telephone for an a formal or informal
18advisory opinion regarding the propriety under chs. 5 to 10 or 12, subch. III of ch. 13,
19or subch. III of ch. 19
of any matter to which the person is or may become a party;
20and any
. Any appointing officer, with the consent of a prospective appointee, may
21request of the board an commission a formal or informal advisory opinion regarding
22the propriety under chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19 of
23any matter to which the prospective appointee is or may become a party. The board
24commission shall review a request for an advisory opinion and may issue a formal
25or informal written or electronic advisory opinion to the person making the request.

1Except as authorized or required for opinions specified in sub. (5s) (f) 2., the board's
2commission's deliberations and actions upon such requests shall be in meetings not
3open to the public. No person acting in good faith upon an advisory opinion issued
4by the board is subject to criminal or civil prosecution for so acting, if the material
5facts are as stated in the opinion request
A member of the commission may, by
6written request, require the commission to review an advisory opinion
.
AB388-engrossed,21,13 72. To have legal force and effect, each formal and informal advisory opinion
8issued by the board commission must be supported by specific legal authority under
9a statute or other law, or by specific case or common law authority. Each formal and
10informal
advisory opinion shall include a citation to each statute or other law and
11each case or common law authority upon which the opinion is based, and shall
12specifically articulate or explain which parts of the cited authority are relevant to the
13board's commission's conclusion and why they are relevant.
AB388-engrossed,21,19 14(b) 1. The board commission may authorize its legal counsel the commission
15administrator or his or her designee
to issue an informal written advisory opinion
16or to transmit an informal advisory opinion electronically on behalf of the board
17commission, subject to such limitations as the board commission deems appropriate.
18Every informal advisory opinion shall be consistent with applicable formal advisory
19opinions issued by the board. commission, statute or other law, and case law.
AB388-engrossed,22,6 20(a) 4. At each regular meeting of the commission, the administrator shall
21review informal advisory opinions requested of and issued by the administrator and
22that relate to recurring issues or issues of first impression for which no formal
23advisory opinion has been issued. The commission may determine to issue a formal
24advisory opinion adopting or modifying the informal advisory opinion.
If the board
25commission disagrees with an a formal or informal advisory opinion that has been

1issued by or on behalf of the board commission, the board commission may withdraw
2the opinion or, issue a revised formal or informal advisory opinion and no, or request
3an opinion from the attorney general. No
person acting after the date of the
4withdrawal or issuance of the revised advisory opinion is exempted from prosecution
5under this subsection if the opinion upon which the person's action is based has been
6withdrawn or revised in relevant degree.
AB388-engrossed,22,10 7(a) 5. Except as authorized or required under sub. (5s) (f) 2., no member or
8employee of the board commission may make public the identity of the individual
9requesting a formal or informal advisory opinion or of individuals or organizations
10mentioned in the opinion.
AB388-engrossed,22,16 11(c) 2. Any person receiving requesting a formal or informal advisory opinion
12under this subsection who disagrees with the opinion paragraph may request a
13public or private hearing before the board commission to discuss the opinion. The
14board commission shall grant a request for a public or private hearing under this
15subsection. After hearing the matter, the board may reconsider its opinion and may
16issue a revised opinion to the person.
paragraph.
AB388-engrossed,22,20 17(c) 3. Promptly upon issuance of each formal advisory opinion that is not open
18to public access
, the board commission shall publish a summary of the opinion that
19is consistent with applicable requirements
together with the information specified
20under sub. (5s) (f) on the commission's Internet site.
AB388-engrossed,45 21Section 45. 5.05 (6a) (a) 3. of the statutes is created to read:
AB388-engrossed,22,2522 5.05 (6a) (a) 3. No person acting in good faith upon a formal or informal
23advisory opinion issued by the commission under this subsection is subject to
24criminal or civil prosecution for so acting, if the material facts are as stated in the
25opinion request.
AB388-engrossed,46
1Section 46. 5.05 (6a) (b) 2. of the statutes is created to read:
AB388-engrossed,23,72 5.05 (6a) (b) 2. Any individual may request in writing, electronically, or by
3telephone an informal advisory opinion from the commission under this paragraph.
4The commission's designee shall provide a written response, a written reference to
5an applicable statute or law, or a written reference to a formal advisory opinion of the
6commission to the individual, or shall refer the request to the commission for review
7and the issuance of a formal advisory opinion.
AB388-engrossed,47 8Section 47. 5.05 (6a) (b) 3. of the statutes is created to read:
AB388-engrossed,23,119 5.05 (6a) (b) 3. Any person receiving an informal advisory opinion under this
10paragraph may, at any time, request a formal advisory opinion from the commission
11on the same matter.
AB388-engrossed,48 12Section 48. 5.05 (6a) (c) 1. of the statutes is created to read:
AB388-engrossed,23,2113 5.05 (6a) (c) 1. Any individual may request in writing, electronically, or by
14telephone a formal advisory opinion from the commission or the review or
15modification of a formal advisory opinion issued by the commission under this
16paragraph. The individual making the request shall include all pertinent facts
17relevant to the matter. The commission shall review a request for a formal advisory
18opinion and may issue a formal advisory opinion to the individual making the
19request. Except as authorized or required for opinions specified in sub. (5s) (f), the
20commission's deliberations and actions upon such requests shall be in meetings not
21open to the public.
AB388-engrossed,49 22Section 49. 5.05 (6a) (c) 4. of the statutes is created to read:
AB388-engrossed,23,2523 5.05 (6a) (c) 4. If the commission declines to issue a formal advisory opinion,
24it may refer the matter to the attorney general or to the standing legislative oversight
25committees.
AB388-engrossed,50
1Section 50. 5.05 (9) of the statutes is amended to read:
AB388-engrossed,24,72 5.05 (9) Standing. The board commission has standing to commence or
3intervene in any civil action or proceeding for the purpose of enforcing the laws
4regulating the conduct of elections or election campaigns, other than laws regulating
5campaign financing,
or ensuring their proper administration. If the board delegates
6authority to its legal counsel under sub. (1) (e) to act in its stead, the legal counsel
7has standing to commence or intervene in such an action or proceeding.
AB388-engrossed,51 8Section 51. 5.05 (10) of the statutes is amended to read:
AB388-engrossed,24,219 5.05 (10) State election administration plan. With the assistance of the
10election administration council and
approval of the joint committee on finance as
11provided in this subsection, the board commission shall adopt and modify as
12necessary a state plan that meets the requirements of P.L. 107-252 to enable
13participation by this state in federal financial assistance programs authorized under
14that law. The board commission shall adopt the plan and any modifications only after
15publishing a class 1 notice under ch. 985 or posting on the Internet a statement
16describing the proposed plan or modification and receiving public comment thereon.
17After approval of the proposed plan or any modification of the plan by the board
18commission, the board commission shall submit the proposed plan or modification
19to the joint committee on finance for the approval of the committee. The board
20commission may adopt the proposed plan or modification only if the committee
21approves the proposed plan or modification.
AB388-engrossed,52 22Section 52. 5.05 (11) of the statutes is amended to read:
AB388-engrossed,25,823 5.05 (11) Aids to counties and municipalities. From the appropriations under
24s. 20.511 20.510 (1) (t) and (x), the board commission may provide financial
25assistance to eligible counties and municipalities for election administration costs in

1accordance with the plan adopted under sub. (10). As a condition precedent to receipt
2of assistance under this subsection, the board commission shall enter into an
3agreement with the county or municipality receiving the assistance specifying the
4intended use of the assistance and shall ensure compliance with the terms of the
5agreement. Each agreement shall provide that if the federal government objects to
6the use of any assistance moneys provided to the county or municipality under the
7agreement, the county or municipality shall repay the amount of the assistance
8provided to the board commission.
AB388-engrossed,53 9Section 53. 5.05 (16) of the statutes is created to read:
AB388-engrossed,25,1310 5.05 (16) Policies and procedures. (a) Annually, the commission shall adopt
11written policies and procedures in order to govern its internal operations and
12management and shall annually report such policies and procedures to the
13appropriate standing committees of the legislature under s. 13.172 (3).
AB388-engrossed,25,1814 (b) Notwithstanding par. (a), the commission may reconsider at any time any
15policy or procedure adopted as provided under par. (a). If, upon reconsideration, the
16commission revises a previously reported policy or procedure, the commission shall
17report the revision to the appropriate standing committees of the legislature under
18s. 13.172 (3).
AB388-engrossed,25,2219 (c) The commission may reconsider at any time any written directives or
20written guidance provided to the general public or to any person subject to the
21provisions of chs. 5 to 10 and 12 with regard to the enforcement and administration
22of those provisions.
AB388-engrossed,54 23Section 54. 5.05 (17) of the statutes is created to read:
AB388-engrossed,26,224 5.05 (17) Payments. The commission may accept payment by credit card, debit
25card, or other electronic payment mechanism for any amounts owed pursuant to the

1administration of chs. 5 to 10 or 12, and may charge a surcharge to the payer to
2recover charges associated with the acceptance of that electronic payment.
AB388-engrossed,55 3Section 55. 5.052 of the statutes is repealed.
AB388-engrossed,56 4Section 56. 5.054 of the statutes is repealed.
AB388-engrossed,57 5Section 57. 5.055 of the statutes is amended to read:
AB388-engrossed,26,18 65.055 Election assistance commission standards board. The commission
7administrator of the elections division of the board shall, in consultation with the
8board commission, appoint an individual to represent this state as a member of the
9federal election assistance commission standards board. The administrator shall
10also conduct and supervise a process for the selection of an election official by county
11and municipal clerks and boards of election commissioners to represent local election
12officials of this state as a member of the federal election assistance commission
13standards board. The administrator shall ensure that the members of the federal
14election assistance commission standards board representing this state shall at no
15time be members of the same political party. Upon appointment or election of any
16new member of the federal election assistance commission standards board
17representing this state, the administrator shall transmit a notice of that member's
18appointment or election to the officer or agency designated by federal law.
AB388-engrossed,58 19Section 58. 5.056 of the statutes is amended to read:
AB388-engrossed,26,25 205.056 Matching program with secretary of transportation. The
21commission administrator of the elections division of the board shall enter into the
22agreement with the secretary of transportation specified under s. 85.61 (1) to match
23personally identifiable information on the official registration list maintained by the
24board commission under s. 6.36 (1) with personally identifiable information
25maintained by the department of transportation.
AB388-engrossed,59
1Section 59. 5.07 of the statutes is amended to read:
AB388-engrossed,27,8 25.07 Action to compel compliance. Whenever a violation of the laws
3regulating the conduct of elections or election campaigns, other than a violation of
4the laws regulating campaign financing,
occurs or is proposed to occur, the attorney
5general or the district attorney of the county where the violation occurs or is proposed
6to occur may sue for injunctive relief, a writ of mandamus or prohibition, or other
7such legal or equitable relief as may be appropriate to compel compliance with the
8law. No bond is required in such actions.
AB388-engrossed,60 9Section 60. 5.08 of the statutes is amended to read:
AB388-engrossed,27,23 105.08 Petition for enforcement. In addition to or in lieu of filing a complaint,
11any elector may file a verified petition alleging such facts as are within his or her
12knowledge to indicate that an election official has failed or is failing to comply with
13any law regulating the conduct of elections or election campaigns, other than a law
14regulating campaign financing,
or proposes to act in a manner inconsistent with such
15a law, and requesting that an action be commenced for injunctive relief, a writ of
16mandamus or prohibition or other such legal or equitable relief as may be
17appropriate to compel compliance with the law. The petition shall be filed with the
18district attorney for the county having jurisdiction to prosecute the alleged failure
19to comply under s. 978.05 (1) and (2). The district attorney may then commence the
20action or dismiss the petition. If the district attorney declines to act upon the petition
21or if the district attorney fails to act upon the petition within 15 days of the date of
22filing, the petitioner may file the same petition with the attorney general, who may
23then commence the action.
AB388-engrossed,61 24Section 61. 5.09 of the statutes is repealed.
AB388-engrossed,62 25Section 62. 5.40 (7) of the statutes is amended to read:
AB388-engrossed,28,7
15.40 (7) Whenever a municipality adopts and purchases voting machines or an
2electronic voting system, or adopts and purchases a different type of voting machine
3or electronic voting system from the type it was previously using, the municipal clerk
4or executive director of the municipal board of election commissioners shall promptly
5notify the county clerk or executive director of the county board of election
6commissioners and the administrator of the elections division of the board
7commission in writing.
AB388-engrossed,63 8Section 63. 5.58 (2) of the statutes is amended to read:
Loading...
Loading...