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.
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 a majority of the members of the commission.
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.
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:
SB294,1 1Section 1. 5.01 (4) (a) of the statutes is amended to read:
SB294,6,32 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

1commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the
2presence of the chairperson of the board elections commission or the chairperson's
3designee.
SB294,2 4Section 2. 5.02 (1s) of the statutes is renumbered 5.025 and amended to read:
SB294,6,6 55.025 Elections commission; definition. "Board In chs. 5 to 10 and 12,
6"commission
" means the government accountability board elections commission.
SB294,3 7Section 3. 5.05 (title) of the statutes is amended to read:
SB294,6,9 85.05 (title) Government accountability board Elections commission;
9powers and duties.
SB294,4 10Section 4. 5.05 (1) (intro.) of the statutes is amended to read:
SB294,6,1511 5.05 (1) General authority. (intro.) The government accountability board
12elections commission shall have the responsibility for the administration of chs. 5 to
1312, 10 and 12 and other laws relating to elections and election campaigns, subch. III
14of ch. 13, and subch. III of ch. 19
, other than laws relating to campaign financing.
15Pursuant to such responsibility, the board commission may:
SB294,5 16Section 5. 5.05 (1) (b) of the statutes is amended to read:
SB294,7,317 5.05 (1) (b) In the discharge of its duties 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. Notwithstanding s. 885.01 (4), the issuance of a subpoena requires
21action by the board commission at a meeting of the board commission. A circuit court
22may by order permit the inspection and copying of the accounts and the depositor's
23and loan records at any financial institution, as defined in s. 705.01 (3), doing
24business in the state to obtain evidence of any violation of ch. 11 upon showing by the
25board of probable cause to believe there is a violation and that such accounts and

1records may have a substantial relation to the violation.
In the discharge of its
2duties, the board commission may cause the deposition of witnesses to be taken in
3the manner prescribed for taking depositions in civil actions in circuit court.
SB294,6 4Section 6. 5.05 (1) (c) of the statutes is amended to read:
SB294,8,75 5.05 (1) (c) Bring civil actions to require a forfeiture for any violation of chs. 5
6to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19 or a license revocation for any
7violation of subch. III of ch. 13 for which the offender is subject to a revocation
. The
8board commission may compromise and settle any civil action or potential action
9brought or authorized to be brought by it which, in the opinion of the board
10commission, constitutes a minor violation, a violation caused by excusable neglect,
11or which for other good cause shown, should not in the public interest be prosecuted
12under such chapter. Notwithstanding s. 778.06, a civil action or proposed civil action
13authorized under this paragraph may be settled for such sum as may be agreed
14between the parties. Any settlement made by the board commission shall be in such
15amount as to deprive the alleged violator of any benefit of his or her wrongdoing and
16may contain a penal component to serve as a deterrent to future violations. In
17settling civil actions or proposed civil actions, the board commission shall treat
18comparable situations in a comparable manner and shall assure that any settlement
19bears a reasonable relationship to the severity of the offense or alleged offense.
20Except as otherwise provided in sub. (2m) (c) 15. and 16. and ss. 5.08, and 5.081, and
2119.59 (8),
forfeiture and license revocation actions brought by the board commission
22shall be brought in the circuit court for the county where the defendant resides, or
23if the defendant is a nonresident of this state, in circuit court for the county wherein
24the violation is alleged to occur. For purposes of this paragraph, a person other than
25a natural person an individual resides within a county if the person's principal place

1of operation is located within that county. Whenever the board commission enters
2into a settlement agreement with an individual who is accused of a civil violation of
3chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19 or who is investigated by
4the board commission for a possible civil violation of one of those provisions, the
5board commission shall reduce the agreement to writing, together with a statement
6of the board's commission's findings and reasons for entering into the agreement and
7shall retain the agreement and statement in its office for inspection.
SB294,7 8Section 7. 5.05 (1) (d) of the statutes is amended to read:
SB294,8,149 5.05 (1) (d) Sue for injunctive relief, a writ of mandamus or prohibition, or other
10such legal or equitable relief as may be appropriate to enforce any law regulating the
11conduct of elections or election campaigns, other than laws regulating campaign
12financing,
or ensure its proper administration. No bond is required in such actions.
13Actions shall be brought in circuit court for the county where a violation occurs or
14may occur.
SB294,8 15Section 8. 5.05 (1) (e) of the statutes is amended to read:
SB294,8,2316 5.05 (1) (e) Delegate to its legal counsel the authority to intervene in a civil
17action or proceeding under sub. (9), issue
Issue an order under s. 5.06, exempt a
18polling place from accessibility requirements under s. 5.25 (4) (a), exempt a
19municipality from the requirement to use voting machines or an electronic voting
20system under s. 5.40 (5m), approve an electronic data recording system for
21maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
22who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such
23limitations as the board deems appropriate
.
SB294,9 24Section 9. 5.05 (1) (f) of the statutes is amended to read:
SB294,9,4
15.05 (1) (f) Promulgate rules under ch. 227 applicable to all jurisdictions for the
2purpose of interpreting or implementing the laws regulating the conduct of elections
3or election campaigns, other than laws regulating campaign financing, or ensuring
4their proper administration.
SB294,10 5Section 10. 5.05 (1e) of the statutes is amended to read:
SB294,9,86 5.05 (1e) Any action by the board commission, except an action relating to
7procedure of the commission,
requires the affirmative vote of at least 4 two-thirds
8of the
members.
SB294,11 9Section 11. 5.05 (1m) of the statutes is repealed.
SB294,12 10Section 12. 5.05 (2) of the statutes is renumbered 19.49 (2g) and amended to
11read:
SB294,9,1912 19.49 (2g) Auditing. In addition to the facial examination of reports and
13statements required under s. 11.21 (13), the board commission shall conduct an audit
14of reports and statements which are required to be filed with it to determine whether
15violations of ch. 11 have occurred. The board commission may examine records
16relating to matters required to be treated in such reports and statements. The board
17commission shall make official note in the file of a candidate, committee, group or
18individual under ch. 11 of any error or other discrepancy which the board commission
19discovers and shall inform the person submitting the report or statement.
SB294,13 20Section 13. 5.05 (2m) (a) of the statutes is amended to read:
SB294,9,2521 5.05 (2m) (a) The board commission shall investigate violations of laws
22administered by the board commission and may prosecute alleged civil violations of
23those laws, directly or through its agents under this subsection, pursuant to all
24statutes granting or assigning that authority or responsibility to the board
25commission. Prosecution of alleged criminal violations investigated by the board

1commission may be brought only as provided in par. (c) 11., 14., 15., and 16. and s.
2978.05 (1). For purposes of this subsection, the commission may only initiate an
3investigation of an alleged violation of chs. 5 to 10 and 12, other than an offense
4described under par. (c) 12., based on a sworn complaint filed with the commission,
5as provided under par. (c). Neither the commission nor any member or employee of
6the commission, including the commission administrator, may file a sworn complaint
7for purposes of this subsection.
SB294,14 8Section 14. 5.05 (2m) (c) 2. a. of the statutes is amended to read:
SB294,10,199 5.05 (2m) (c) 2. a. Any person may file a complaint with the board commission
10alleging a violation of chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19.
11No later than 5 days after receiving a complaint, the commission shall notify each
12person who or which the complaint alleges committed such a violation. Before voting
13on whether to take any action regarding the complaint, other than to dismiss, the
14commission shall give each person receiving a notice under this subd. 2. a. an
15opportunity to demonstrate to the commission, in writing and within 15 days after
16receiving the notice, that the commission should take no action against the person
17on the basis of the complaint. The commission may not conduct any investigation
18or take any other action under this subsection solely on the basis of a complaint by
19an unidentified complainant.
SB294,10,23 20am. If the board commission finds, by a preponderance of the evidence, that a
21complaint is frivolous, the board commission may order the complainant to forfeit not
22more than the greater of $500 or the expenses incurred by the division commission
23in investigating the complaint.
SB294,15 24Section 15. 5.05 (2m) (c) 2. b. of the statutes is renumbered 19.49 (1m).
SB294,16 25Section 16. 5.05 (2m) (c) 3. of the statutes is repealed.
SB294,17
1Section 17. 5.05 (2m) (c) 4. of the statutes is amended to read:
SB294,12,22 5.05 (2m) (c) 4. If the board commission reviews a complaint and fails to find
3that there is a reasonable suspicion that a violation under subd. 2. has occurred or
4is occurring, the board commission shall dismiss the complaint. If the board
5commission believes that there is reasonable suspicion that a violation under subd.
62. has occurred or is occurring, the board commission may by resolution authorize
7the commencement of an investigation. The resolution shall specifically set forth any
8matter that is authorized to be investigated. To assist in the investigation, the board
9commission may elect to retain a special investigator. If the board commission elects
10to retain a special investigator, the administrator of the ethics and accountability
11division
commission shall submit to the board commission the names of 3 qualified
12individuals to serve as a special investigator. The board commission may retain one
13or more of the individuals. If the board commission retains a special investigator to
14investigate a complaint against a person who is a resident of this state, the board
15commission shall provide to the district attorney for the county in which the person
16resides a copy of the complaint and shall notify the district attorney that it has
17retained a special investigator to investigate the complaint. For purposes of this
18subdivision, a person other than a natural person an individual resides within a
19county if the person's principal place of operation is located within that county. The
20board commission shall enter into a written contract with any individual who is
21retained as a special investigator setting forth the terms of the engagement. A
22special investigator who is retained by the board commission may request the board
23commission to issue a subpoena to a specific person or to authorize the special
24investigator to request a the circuit court of the county in which the specific person
25resides
to issue a search warrant. The board commission may grant the request by

1approving a motion to that effect at a meeting of the board commission if the board
2commission finds that such action is legally appropriate.
SB294,18 3Section 18. 5.05 (2m) (c) 5. (intro.) of the statutes is amended to read:
SB294,12,254 5.05 (2m) (c) 5. (intro.) Each special investigator who is retained by the board
5commission shall make periodic reports to the board commission, as directed by the
6board commission, but in no case may the interval for reporting exceed 30 days. If
7the board commission authorizes the commission administrator of the ethics and
8accountability division
to investigate any matter without retaining a special
9investigator, the administrator shall make periodic reports to the board commission,
10as directed by the board commission, but in no case may the reporting interval exceed
1130 days. During the pendency of any investigation, the board commission shall meet
12for the purpose of reviewing the progress of the investigation at least once every 90
13days. The special investigator or the administrator shall report in person to the
14board commission at that meeting concerning the progress of the investigation. If,
15after receiving a report, the board commission does not vote to continue an
16investigation for an additional period not exceeding 90 days, the investigation is
17terminated at the end of the reporting interval. The board commission shall not
18expend more than $10,000 $25,000 to finance the cost of an investigation before
19receiving a report on the progress of the investigation and a recommendation to
20commit additional resources. The board commission may vote to terminate an
21investigation at any time. If an investigation is terminated, any complaint from
22which the investigation arose is deemed to be dismissed by the board commission.
23Unless an investigation is terminated by the board commission, at the conclusion of
24each investigation, the administrator shall present to the board commission one of
25the following:
SB294,19
1Section 19. 5.05 (2m) (c) 6. a. of the statutes is amended to read:
SB294,13,132 5.05 (2m) (c) 6. a. If the board commission finds that there is probable cause
3to believe that a violation under subd. 2. has occurred or is occurring, the board
4commission may authorize the commission administrator of the ethics and
5accountability division
to file a civil complaint against the alleged violator. In such
6case, the administrator may request the assistance of special counsel to prosecute
7any action brought by the board commission. If the administrator requests the
8assistance of special counsel with respect to any matter, the administrator shall
9submit to the board commission the names of 3 qualified individuals to serve as
10special counsel. The board commission may retain one of the individuals to act as
11special counsel. The staff of the board commission shall provide assistance to the
12special counsel as may be required by the counsel to carry out his or her
13responsibilities.
SB294,20 14Section 20. 5.05 (2m) (c) 6. b. of the statutes is amended to read:
SB294,13,2115 5.05 (2m) (c) 6. b. The board commission shall enter into a written contract with
16any individual who is retained as special counsel setting forth the terms of the
17engagement. The contract shall set forth the compensation to be paid such counsel
18by the state. The contract shall be executed on behalf of the state by the board's legal
19counsel, who
commission and the commission shall file the contract in the office of
20the secretary of state. The compensation shall be charged to the appropriation under
21s. 20.505 (1) (d) 20.510 (1) (br).
SB294,21 22Section 21. 5.05 (2m) (c) 8. of the statutes is repealed.
SB294,22 23Section 22. 5.05 (2m) (c) 12. of the statutes is amended to read:
SB294,14,524 5.05 (2m) (c) 12. The board may commission shall, by rule, prescribe categories
25of civil offenses which the board commission will agree to compromise and settle

1without a formal investigation upon payment of specified amounts by the alleged
2offender. The board commission may authorize the commission administrator of the
3ethics and accountability division
to compromise and settle such alleged offenses in
4the name of the board commission if the alleged offenses by an offender, in the
5aggregate, do not involve payment of more than $1,000 $2,500.
SB294,23 6Section 23. 5.05 (2m) (c) 13. of the statutes is amended to read:
SB294,14,167 5.05 (2m) (c) 13. If a special investigator or the commission administrator of
8the ethics and accountability division
, in the course of an investigation authorized
9by the board commission, discovers evidence that a violation under subd. 2. that was
10not within the scope of the authorized investigation has occurred or is occurring, the
11special investigator or the administrator may present that evidence to the board
12commission. If the board commission finds that there is a reasonable suspicion that
13a violation under subd. 2. that is not within the scope of the authorized investigation
14has occurred or is occurring, the board commission may authorize the special
15investigator or the administrator to investigate the alleged violation or may elect to
16authorize a separate investigation of the alleged violation as provided in subd. 4.
SB294,24 17Section 24. 5.05 (2m) (c) 14. of the statutes is amended to read:
SB294,15,218 5.05 (2m) (c) 14. If a special investigator or the commission administrator of
19the ethics and
accountability division of the board, in the course of an investigation
20authorized by the board commission, discovers evidence of a potential violation of a
21law that is not administered by the board commission arising from or in relation to
22the official functions of the subject of the investigation or any matter that involves
23elections, ethics, or lobbying regulation, the special investigator or the administrator
24may present that evidence to the board commission. The board commission may
25thereupon refer the matter to the appropriate district attorney specified in subd. 11.

1or may refer the matter to the attorney general. The attorney general may then
2commence a civil or criminal prosecution relating to the matter.
SB294,25 3Section 25. 5.05 (2m) (d) 1. of the statutes is amended to read:
SB294,15,74 5.05 (2m) (d) 1. No individual who serves as the legal counsel to the board or
5as a division
commission administrator for the board may have been a lobbyist, as
6defined in s. 13.62 (11). No such individual may have served in a partisan state or
7local office.
SB294,26 8Section 26. 5.05 (2m) (g) of the statutes is repealed.
SB294,27 9Section 27. 5.05 (2m) (h) of the statutes is amended to read:
SB294,15,1610 5.05 (2m) (h) If the defendant in an action for a civil violation of chs. 5 to 10 or
1112, subch. III of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit judge
12or a candidate for either such office, the action shall be brought by the board
13commission. If the defendant in an action for a civil violation of chs. 5 to 10 or 12,
14subch. III of ch. 13, or subch. III of ch. 19
is the attorney general or a candidate for
15that office, the board commission may appoint special counsel to bring suit on behalf
16of the state.
SB294,28 17Section 28. 5.05 (2m) (i) of the statutes is amended to read:
SB294,15,2418 5.05 (2m) (i) If the defendant in an action for a criminal violation of chs. 5 to
1910 or 12, subch. III of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit
20judge or a candidate for either such office, the action shall be brought by the attorney
21general. If the defendant in an action for a criminal violation of chs. 5 to 10 or 12,
22subch. III of ch. 13, or subch. III of ch. 19
is the attorney general or a candidate for
23that office, the board commission may appoint a special prosecutor to conduct the
24prosecution on behalf of the state.
SB294,29 25Section 29. 5.05 (2m) (k) of the statutes is created to read:
SB294,16,3
15.05 (2m) (k) The commission's power to initiate civil actions under this
2subsection for the enforcement of chs. 5 to 10 or 12 shall be the exclusive remedy for
3alleged civil violations of chs. 5 to 10 or 12.
SB294,30 4Section 30. 5.05 (2q) of the statutes is created to read:
SB294,16,255 5.05 (2q) Supplemental funding for ongoing investigations. The commission
6may request supplemental funds to be credited to the appropriation account under
7s. 20.510 (1) (be) for the purpose of continuing an ongoing investigation initiated
8under sub. (2m). A request under this subsection shall be filed with the secretary of
9administration and the cochairpersons of the joint committee on finance in writing
10and shall contain a statement of the action requested, the purposes therefor, the
11statutory provision authorizing or directing the performance of the action, and
12information about the nature of the investigation for which the commission seeks
13supplemental funds, excluding the name of any individual or organization that is the
14subject of the investigation. If the cochairpersons of the joint committee on finance
15do not notify the secretary of administration that the committee has scheduled a
16meeting for the purpose of reviewing the request within 14 working days after the
17commission filed the request, the secretary shall supplement the appropriation
18under s. 20.510 (1) (be) from the appropriation under s. 20.505 (1) (d) in an amount
19not to exceed the amount the commission requested. If, within 14 working days after
20the commission filed the request, the cochairpersons of the joint committee on
21finance notify the secretary that the committee has scheduled a meeting for the
22purpose of reviewing the commission's request under this subsection, the secretary
23may supplement the appropriation under s. 20.510 (1) (be) only with the committee's
24approval. The committee and the secretary shall notify the commission of all their
25actions taken under this subsection.
SB294,31
1Section 31. 5.05 (2s) of the statutes is repealed.
SB294,32 2Section 32. 5.05 (2w) of the statutes is amended to read:
SB294,17,63 5.05 (2w) Elections Division commission. The elections division commission
4has the responsibility for the administration of chs. 5 to 10 and 12. The commission
5administrator may designate a commission employee to serve as the commission's
6legal counsel.
SB294,33 7Section 33. 5.05 (3d) of the statutes is created to read:
SB294,17,148 5.05 (3d) Administrator. The commission shall appoint an administrator in
9the manner provided under s. 15.61 (1) (b). The administrator shall be outside the
10classified service. The administrator shall appoint such other personnel as he or she
11requires to carry out the duties of the commission and may designate a commission
12employee to serve as the commission's legal counsel. The administrator shall
13perform such duties as the commission assigns to him or her in the administration
14of chs. 5 to 10 and 12.
SB294,34 15Section 34. 5.05 (3g) of the statutes is amended to read:
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