May 27, 2021 - Introduced by Representatives Hebl,
Anderson, Baldeh, Conley,
Emerson, Neubauer, Pope, S. Rodriguez, Spreitzer, Stubbs and Subeck,
cosponsored by Senators Roys, Bewley, Erpenbach and Johnson. Referred to
Committee on Campaigns and Elections.
AB352,1,4
1An Act to renumber and amend 11.1400 (3);
to amend 11.1401 (1) (c) (intro.);
2and
to create 11.1002, 11.1400 (3) (b) and 11.1401 (1) (d) of the statutes;
3relating to: notice of certain campaign finance contributions made to a judge
4or justice.
Analysis by the Legislative Reference Bureau
This bill provides that whenever an interested contributor makes a
contribution to the candidate committee of a court of appeals, circuit, or municipal
judge or supreme court justice in a pending civil or criminal action or proceeding over
which the judge or justice is presiding, the contributor must, within five days of the
date that the contribution is made, notify the judge or justice and every party other
than the interested contributor to the action or proceeding, in writing, of the fact that
the contribution has been made and the date and amount of the contribution. The
bill defines an “interested contributor" as a party to a pending civil or criminal action
or proceeding; an affiliate of such a party; a spouse, minor child, or minor stepchild
of such a party; an attorney representing such a party; or the law firm, partner, or
associate of such an attorney.
Currently, there is no similar requirement. However, the recipient of a
campaign finance contribution, as well as any contributor that also accepts
contributions, is subject to registration and periodic reporting requirements, with
certain exceptions.
Violators of the reporting requirement created by the bill are subject to a
forfeiture (civil penalty) of not more than $500 for each violation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB352,1
1Section
1. 11.1002 of the statutes is created to read:
AB352,2,3
211.1002 Notice of contributions by certain interested contributors. (1) 3In this section:
AB352,2,54
(a) “Affiliate" means a person that controls, is controlled by, or is under common
5control with another person.
AB352,2,66
(b) “Interested contributor" means all of the following:
AB352,2,77
1. A party to a pending civil or criminal action or proceeding.
AB352,2,88
2. An affiliate of a party described under subd. 1.
AB352,2,109
3. A spouse, minor child, or minor stepchild of a party described under subd.
101.
AB352,2,1111
4. An attorney representing a party described under subd. 1.
AB352,2,1212
5. The law firm, partner, or associate of an attorney described under subd. 4.
AB352,2,1413
(c) “Judge" means a court of appeals judge, a circuit court judge, or a municipal
14judge.
AB352,2,1615
(d) “Pending civil or criminal action or proceeding" means an ongoing civil or
16criminal action or proceeding that has been commenced under ch. 800, 801, or 968.
AB352,3,2
17(2) If a person makes a contribution to the candidate committee of a judge or
18supreme court justice in a pending civil or criminal action or proceeding in which the
19person is an interested contributor and over which the judge or justice is presiding,
20the contributor shall, within 5 days of the date that the contribution is made, notify
21in writing the judge or justice and every party to the pending civil or criminal action
1or proceeding, other than the interested contributor, of the fact that the contribution
2has been made and the date and amount of the contribution.
AB352,2
3Section
2. 11.1400 (3) of the statutes is renumbered 11.1400 (3) (a) and
4amended to read:
AB352,3,85
11.1400
(3) (a)
Notwithstanding Except as provided in par. (b) and
6notwithstanding sub. (1), any person who makes any contribution in violation of this
7chapter may be required to forfeit treble the amount of the contribution or portion
8of that contribution which is illegally contributed.
AB352,3
9Section
3. 11.1400 (3) (b) of the statutes is created to read:
AB352,3,1010
11.1400
(3) (b) Paragraph (a) does not apply to a violation of s. 11.1002.
AB352,4
11Section
4. 11.1401 (1) (c) (intro.) of the statutes is amended to read:
AB352,3,1412
11.1401
(1) (c) (intro.)
Whoever Subject to par. (d), whoever intentionally
13violates any of the following may be fined not more than $1,000 or imprisoned not
14more than 6 months or both:
AB352,5
15Section
5. 11.1401 (1) (d) of the statutes is created to read:
AB352,3,1616
11.1401
(1) (d) Paragraph (c) does not apply to a violation of s. 11.1002.
