LRB-3659/1
JK&TKK:cjs&kjf&wlj
2015 - 2016 LEGISLATURE
October 21, 2015 - Printed by direction of Senate Chief Clerk.
AB388-engrossed,3,7 1An Act to repeal 5.05 (1m), 5.05 (2m) (c) 3., 5.05 (2m) (c) 8., 5.05 (2m) (g), 5.05
2(2s), 5.05 (5s) (f) 1., 5.05 (5s) (f) 2. a., 5.05 (5s) (f) 2. b., 5.052, 5.054, 5.09, 5.68
3(3m), 13.62 (4), 15.07 (1) (a) 2., 15.07 (2) (b), 15.07 (5) (m), 15.60 (title), 15.60 (2),
415.60 (3), 15.60 (5), 15.60 (7), 15.603 (title), 15.603 (1) (title), 15.603 (2) (title),
515.607, 19.42 (3), 20.511 (intro.) and (1) (title), 20.923 (4) (f) 3j., 230.08 (2) (e)
64h., 230.08 (2) (on) and 758.19 (9); to renumber 5.05 (2m) (c) 2. b., 15.60 (6),
720.511 (1) (bm), 20.511 (1) (c), 20.511 (1) (d), 20.511 (1) (im), 20.511 (1) (t) and
820.511 (1) (x); to renumber and amend 5.02 (1s), 5.05 (2), 5.05 (5s) (f) 2. c., 5.05
9(6a), 12.01, 15.06 (2), 15.60 (1), 15.60 (4), 15.60 (8), 15.603 (1), 15.603 (2), 19.47,
1019.851, 20.511 (1) (a), 20.511 (1) (be), 20.511 (1) (g), 20.511 (1) (h), 20.511 (1) (i),
1120.511 (1) (j), 20.511 (1) (jm) and 20.511 (1) (m); to amend 5.01 (4) (a), 5.05
12(title), 5.05 (1) (intro.), 5.05 (1) (b), 5.05 (1) (c), 5.05 (1) (d), 5.05 (1) (e), 5.05 (1)
13(f), 5.05 (1e), 5.05 (2m) (a), 5.05 (2m) (c) 2. a., 5.05 (2m) (c) 4., 5.05 (2m) (c) 5.
14(intro.), 5.05 (2m) (c) 6. a., 5.05 (2m) (c) 6. b., 5.05 (2m) (c) 12., 5.05 (2m) (c) 13.,

15.05 (2m) (c) 14., 5.05 (2m) (d) 1., 5.05 (2m) (h), 5.05 (2m) (i), 5.05 (2w), 5.05 (3g),
25.05 (5e), 5.05 (5s) (intro.), 5.05 (5s) (b), 5.05 (5s) (bm), 5.05 (5s) (d), 5.05 (9), 5.05
3(10), 5.05 (11), 5.055, 5.056, 5.07, 5.08, 5.40 (7), 5.58 (2), 5.58 (2m), 5.60 (1) (b),
45.62 (4) (b), 5.93, 6.26 (3), 6.275 (1) (f), 6.275 (2), 6.33 (5) (a), 6.36 (1) (b) 1. a.,
56.36 (1) (bm), 6.36 (2) (a), 6.50 (2g), 6.50 (7), 6.56 (3), 6.95, 6.96, 6.97 (1), 7.03
6(1) (a), 7.03 (1) (b), 7.03 (2), 7.08 (title), 7.08 (1) (a), 7.08 (4), 7.15 (1) (g), 7.41 (5),
77.52 (1) (a), 7.60 (4) (a), 7.60 (5), 7.70 (3) (b), 7.70 (3) (i), 7.70 (5) (a), 8.05 (1) (j)
83., 8.10 (5), 8.10 (6) (a), 8.15 (4) (b), 8.17 (9) (a), 8.20 (6), 8.20 (7), 8.30 (2m), 8.50
9(1) (a), 8.50 (3) (a), 8.50 (3) (e), 9.01 (1) (a) 1., 9.01 (1) (a) 4., 9.01 (1) (ag) 4., 9.01
10(1) (ar) 3., 9.01 (5) (a), 9.01 (5) (bm), 9.01 (5) (c), 9.01 (6) (a), 9.01 (7) (a), 9.01 (8)
11(a), 9.01 (8) (c), 9.01 (8) (d), 9.01 (10), 10.06 (1) (title), 11.09, 11.21 (title), 11.21
12(7) (intro.), 11.30 (2) (fm), 11.60 (4), 11.61 (2), 12.13 (5) (a), 13.123 (3) (b) 2., 13.23,
1313.63 (1) (a), 13.685, 14.38 (10m), 15.01 (2), 15.04 (1) (d), 15.06 (5), 15.06 (6),
1415.07 (1) (cm), 15.07 (4), 16.753 (2), 16.79 (2), 16.96 (3) (b), 16.973 (6), 17.17 (1),
1517.17 (4), 19.43 (4), 19.43 (5), 19.46 (1) (intro.), 19.48 (intro.), 19.48 (1), 19.48
16(2), 19.48 (3), 19.48 (7), 19.48 (9), 19.55 (1), 19.55 (2) (c), 19.59 (1) (g) 8., 19.85
17(1) (h), 19.851 (title), 20.505 (1) (d), 20.930, 20.9305 (2) (e) (intro.), 38.16 (3) (br)
183., 45.44 (1) (b), 49.165 (4) (a), 59.605 (3) (a) 3., 67.05 (3) (b), 67.05 (6), 73.0301
19(1) (d) 13., 73.0301 (1) (e), 85.61 (1), 108.227 (1) (e) 13., 108.227 (1) (f), 117.20
20(2), 117.27 (2) (b) (intro.), 121.91 (3) (c), 125.05 (1) (b) 10., 165.25 (1), 165.93 (4)
21(a), 198.08 (10), 200.09 (11) (am) 2., 200.09 (11) (am) 3., 227.03 (6), 227.52 (6),
22230.08 (4) (a), 234.02 (3m) (c), 301.03 (20m), 343.11 (2m), 756.04 (2) (c) 1.,
23778.135, 978.05 (1) and 978.05 (2); and to create 5.05 (2m) (k), 5.05 (2q), 5.05
24(3d), 5.05 (5s) (am), 5.05 (5t), 5.05 (6a) (a) 3., 5.05 (6a) (b) 2., 5.05 (6a) (b) 3., 5.05
25(6a) (c) 1., 5.05 (6a) (c) 4., 5.05 (16), 5.05 (17), 11.01 (4m), 12.01 (2), 13.62 (5m),

115.06 (1) (d), 15.06 (1) (e), 15.06 (2) (b), 15.06 (3) (a) 5., 15.06 (3) (a) 6., 15.06 (10),
215.61 (title), 15.61 (1) (a) 1. to 6., 15.61 (1m), 15.61 (5), 15.62, 19.42 (4p), 19.42
3(10) (a), 19.46 (2), 19.47 (title), 19.47 (1), (2) and (4) to (10), 19.49, 19.50, 19.55
4(3), 19.55 (4), 19.552, 19.554, 19.58 (4), 20.510 (intro.) and (1) (title), 20.510 (1)
5(br), 20.521 (intro.) and (1), 230.08 (2) (eL) and 230.08 (2) (et) of the statutes;
6relating to: reorganizing the Government Accountability Board, requiring the
7exercise of rule-making authority, and making appropriations.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2015 Assembly Bill 388, as passed by the assembly on
October 21, 2015, consists of the following documents adopted in the assembly on
October 21, 2015: the bill as affected by Assembly Amendment 1 and Assembly
Amendment 4.
Content of Engrossed 2015 Assembly Bill 388
This bill makes the following changes to the structure and operation of the
Government Accountability Board (GAB):
Board Governance
Currently, the GAB is under the direction and supervision of a board of six
members. All six members are former judges appointed by the governor from
nominations submitted by a committee comprised of one court of appeals judge from
each court of appeals district. Currently, board members are appointed with the
advice and consent of two-thirds of the members of the senate and serve six-year
terms. One term expires each May 1.
This bill eliminates the GAB and replaces it with an Elections Commission,
which administers and supervises elections, and an Ethics Commission, which
administers and supervises ethics, campaign financing, and lobbying regulation.
Under the bill, the Elections Commission consists of at least six persons, who
serve five-year terms:
1) One individual appointed by the majority leader in the senate;
2) One individual appointed by the minority leader in the senate;
3) One individual appointed by the speaker of the assembly.
4) One individual appointed by the minority leader of the assembly; and
5) Two former municipal or county clerks, selected by the leadership in both
houses and nominated by the governor with the advice and consent of the senate
confirmed.
In addition, the bill requires the appointment to the Elections Commission of
one member for each political party, other than the two major political parties,

qualifying for a separate ballot whose candidate for governor received at least 10
percent of the vote in the most recent gubernatorial election. The individual must
be nominated by the governor from a list of three individuals selected by the chief
officer of that political party.
The Ethics Commission consists of at least six persons who serve five-year
terms:
1) One individual appointed by the majority leader in the senate;
2) One individual appointed by the minority leader in the senate;
3) One individual appointed by the speaker of the assembly;
4) One individual appointed by the minority leader of the assembly; and
5) Two individuals selected by the leadership in both houses and nominated by
the governor with the advice and consent of the senate confirmed.
In addition, the bill requires the appointment to the Ethics Commission of one
member for each political party, other than the two major political parties, qualifying
for a separate ballot whose candidate for governor received at least 10 percent of the
vote in the most recent gubernatorial election. The individual must be nominated
by the governor from a list of three individuals selected by the chief officer of that
political party and confirmed by a majority of the senate. Members appointed to
either commission with the advice and consent of the senate may serve prior to
senate confirmation.
In the event of a vacancy on the commission of a member appointed by the
legislative leadership, the bill requires the legislative leader of the political party
that made the initial appointment to fill the vacancy.
Currently, the chairperson of the board is selected by lot by the current
chairperson. Under the bill, the chairperson of each commission is chosen by the
affirmative vote of at least two-thirds of the members of the commission at the
commission's first meeting every two years. Under the bill, the chairperson serves
a two-year term. Also under the bill, the party affiliation of the chairperson
alternates every term. The party affiliation of the first chairperson of each board is
to be determined by lot.
Currently, the GAB is required to employ an individual to serve as legal counsel
to perform legal and administrative functions for the board. The bill eliminates the
requirement that either commission hire legal counsel.
Ethics Commission
Under the bill, the Ethics Commission is supervised by an administrator who
is appointed by at least a majority of the members of the commission. The
administrator is appointed with the advice and consent of the senate to serve for a
four-year term expiring on July 1 of the odd-numbered year.
Elections Commission
Under the bill, the Elections Commission is supervised by an administrator
who is appointed by at least a majority of the members of the commission. The
administrator is appointed with the advice and consent of the senate to serve for a
four-year term expiring on July 1 of the odd-numbered year. The bill also provides
that the administrator of the Elections Commission, rather than an employee that
the commission designates, is the chief election officer of this state.

Investigations
Currently, the GAB must investigate violations of laws administered by the
GAB and may prosecute alleged civil violations. Current law permits the board to
refer a matter to a district attorney, special prosecutor, or to the attorney general.
This bill provides that, except for violations that result in a payment not exceeding
$2,500, the Elections and Ethics commissions may only investigate violations of laws
administered by the respective commissions upon the filing of a sworn complaint
with the respective commission. The bill prohibits any member of either commission
or any employee of either commission from filing such a sworn complaint.
If, during the course of an ongoing investigation, either the Elections
Commission or the Ethics Commission determines that it needs additional funding,
that commission must make a request to the Joint Committee on Finance and the
secretary of administration. The commission must include in its request information
about the nature of the investigation for which additional funding is sought,
excluding the name of any individual or organization that is the subject of the
investigation.
Advisory Opinions
Current law permits any individual, organization, or governmental body to
request an advisory opinion from the GAB; in response, the GAB may issue a formal
or an informal advisory opinion. If the board issues an opinion on an elections
matter, the board must make the opinion and records about the opinion public.
Current law prohibits the board from revealing the identify of or releasing
information obtained in connection with any advisory opinion requested by an
individual or organization on an ethics or accountability matter unless the
individual or organization consents to the release of that information. This bill
requires the Ethics Commission to make this information, other than the name of the
individual, organization, or governmental body making the request, public when it
relates to a formal advisory opinion issued by the Ethics Commission.
Current law requires the GAB to biennially submit to the legislature a report
on the performance and operation of the GAB during the preceding biennium. This
bill requires the Elections and Ethics commissions to submit annual reports to the
legislature and to include in those reports information about the number of
investigations conducted, a description of the nature of the investigation, and, in the
case of the Ethics Commission, whether the investigation related to campaign
finance, ethics, or lobbying.
Transitional Provisions
Under the bill, all full-time equivalent positions currently authorized for GAB
are transferred to the Elections and Ethics commissions. All incumbents in those
positions except the director and general counsel of GAB are also transferred. In
addition, the bill transfers the assets and liabilities, tangible personal property,
contracts, rules, orders, formal opinions, and pending matters of GAB to the
Elections and Ethics commissions. The bill directs the secretary of administration
to determine which positions, employees, assets and liabilities, property, contracts,
rules, orders, opinions, and matters are transferred to which commission and to
adopt an implementation plan for the transfer containing his or her determinations.

The bill transfers the amounts in the GAB appropriations for fiscal year 2016-17 to
the supplemental appropriations of the Joint Committee on Finance to be distributed
to the two commissions upon the adoption of an implementation plan by the
secretary of administration.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB388-engrossed,1 1Section 1. 5.01 (4) (a) of the statutes is amended to read:
AB388-engrossed,6,82 5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but
3an equal number of votes, the winner shall be chosen by lot in the presence of the
4board of canvassers charged with the responsibility to determine the election, or in
5the case of an election for state or national office or metropolitan sewerage
6commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the
7presence of the chairperson of the board elections commission or the chairperson's
8designee.
AB388-engrossed,2 9Section 2. 5.02 (1s) of the statutes is renumbered 5.025 and amended to read:
AB388-engrossed,6,11 105.025 Elections commission; definition. "Board In chs. 5 to 10 and 12,
11"commission
" means the government accountability board elections commission.
AB388-engrossed,3 12Section 3. 5.05 (title) of the statutes is amended to read:
AB388-engrossed,6,14 135.05 (title) Government accountability board Elections commission;
14powers and duties.
AB388-engrossed,4 15Section 4. 5.05 (1) (intro.) of the statutes is amended to read:
AB388-engrossed,7,216 5.05 (1) General authority. (intro.) The government accountability board
17elections commission shall have the responsibility for the administration of chs. 5 to
1812, 10 and 12 and other laws relating to elections and election campaigns, subch. III

1of ch. 13, and subch. III of ch. 19
, other than laws relating to campaign financing.
2Pursuant to such responsibility, the board commission may:
AB388-engrossed,5 3Section 5. 5.05 (1) (b) of the statutes is amended to read:
AB388-engrossed,7,154 5.05 (1) (b) In the discharge of its duties and after providing notice to any party
5who is the subject of an investigation, subpoena and bring before it any person and
6require the production of any papers, books, or other records relevant to an
7investigation. Notwithstanding s. 885.01 (4), the issuance of a subpoena requires
8action by the board commission at a meeting of the board commission. A circuit court
9may by order permit the inspection and copying of the accounts and the depositor's
10and loan records at any financial institution, as defined in s. 705.01 (3), doing
11business in the state to obtain evidence of any violation of ch. 11 upon showing by the
12board of probable cause to believe there is a violation and that such accounts and
13records may have a substantial relation to the violation.
In the discharge of its
14duties, the board commission may cause the deposition of witnesses to be taken in
15the manner prescribed for taking depositions in civil actions in circuit court.
AB388-engrossed,6 16Section 6. 5.05 (1) (c) of the statutes is amended to read:
AB388-engrossed,8,1917 5.05 (1) (c) Bring civil actions to require a forfeiture for any violation of chs. 5
18to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19 or a license revocation for any
19violation of subch. III of ch. 13 for which the offender is subject to a revocation
. The
20board commission may compromise and settle any civil action or potential action
21brought or authorized to be brought by it which, in the opinion of the board
22commission, constitutes a minor violation, a violation caused by excusable neglect,
23or which for other good cause shown, should not in the public interest be prosecuted
24under such chapter. Notwithstanding s. 778.06, a civil action or proposed civil action
25authorized under this paragraph may be settled for such sum as may be agreed

1between the parties. Any settlement made by the board commission shall be in such
2amount as to deprive the alleged violator of any benefit of his or her wrongdoing and
3may contain a penal component to serve as a deterrent to future violations. In
4settling civil actions or proposed civil actions, the board commission shall treat
5comparable situations in a comparable manner and shall assure that any settlement
6bears a reasonable relationship to the severity of the offense or alleged offense.
7Except as otherwise provided in sub. (2m) (c) 15. and 16. and ss. 5.08, and 5.081, and
819.59 (8),
forfeiture and license revocation actions brought by the board commission
9shall be brought in the circuit court for the county where the defendant resides, or
10if the defendant is a nonresident of this state, in circuit court for the county wherein
11the violation is alleged to occur. For purposes of this paragraph, a person other than
12a natural person an individual resides within a county if the person's principal place
13of operation is located within that county. Whenever the board commission enters
14into a settlement agreement with an individual who is accused of a civil violation of
15chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19 or who is investigated by
16the board commission for a possible civil violation of one of those provisions, the
17board commission shall reduce the agreement to writing, together with a statement
18of the board's commission's findings and reasons for entering into the agreement and
19shall retain the agreement and statement in its office for inspection.
AB388-engrossed,7 20Section 7. 5.05 (1) (d) of the statutes is amended to read:
AB388-engrossed,9,221 5.05 (1) (d) Sue for injunctive relief, a writ of mandamus or prohibition, or other
22such legal or equitable relief as may be appropriate to enforce any law regulating the
23conduct of elections or election campaigns, other than laws regulating campaign
24financing,
or ensure its proper administration. No bond is required in such actions.

1Actions shall be brought in circuit court for the county where a violation occurs or
2may occur.
AB388-engrossed,8 3Section 8. 5.05 (1) (e) of the statutes is amended to read:
AB388-engrossed,9,114 5.05 (1) (e) Delegate to its legal counsel the authority to intervene in a civil
5action or proceeding under sub. (9), issue
Issue an order under s. 5.06, exempt a
6polling place from accessibility requirements under s. 5.25 (4) (a), exempt a
7municipality from the requirement to use voting machines or an electronic voting
8system under s. 5.40 (5m), approve an electronic data recording system for
9maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
10who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such
11limitations as the board deems appropriate
.
AB388-engrossed,9 12Section 9. 5.05 (1) (f) of the statutes is amended to read:
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