CORRECTED COPY
LRB-1326/1
MPG&JK:skw&cjs
2023 - 2024 LEGISLATURE
June 22, 2023 - Introduced by Representatives Ortiz-Velez, Sortwell, Conley,
Cabrera, Myers, Joers, Ohnstad, Krug, Gustafson, Murphy and Sinicki,
cosponsored by Senators Knodl, Spreitzer and Taylor. Referred to
Committee on Campaigns and Elections.
AB335,1,3
1An Act to create 11.1401 (2m) and 12.60 (1m) of the statutes;
relating to:
2judgments concerning a candidate's felony violation of certain campaign
3finance or election fraud laws.
Analysis by the Legislative Reference Bureau
Under current law, a candidate for public office who commits certain campaign
finance or election fraud violations is guilty of a Class I felony, the penalty for which
is a fine not to exceed $10,000 or imprisonment not to exceed three years and six
months, or both. Under this bill, if a candidate is adjudged guilty of such a felony in
a criminal proceeding, the court's judgment in the matter must include an order that
the candidate's candidate committee be dissolved in accordance with current law and
that the candidate return unencumbered campaign funds to the donors in amounts
not exceeding the original contributions or donate those funds to the common school
fund. Additionally, the bill requires the court to appoint a new treasurer for the
candidate committee to carry out the court's dissolution order.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB335,1
4Section
1. 11.1401 (2m) of the statutes is created to read:
AB335,2,75
11.1401
(2m) If a candidate for public office is adjudged guilty in a criminal
6action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of
1ch. 12 under s. 12.60 (1) (a) committed during his or her candidacy, the court's
2judgment shall include an order that the candidate's candidate committee be
3terminated in accordance with s. 11.0105 and that, notwithstanding s. 11.0105 (3),
4the committee return its residual funds to the donors in an amount not exceeding the
5original contribution or donate its residual funds to the common school fund. The
6court shall appoint a new treasurer for the candidate committee to carry out the
7court's dissolution order.
AB335,2
8Section
2. 12.60 (1m) of the statutes is created to read:
AB335,2,179
12.60
(1m) If a candidate for public office is adjudged guilty in a criminal action
10of any violation of this chapter under sub. (1) (a) committed during his or her
11candidacy, or of any violation of ch. 11 under s. 11.1401 (1) (a) or (b), the court's
12judgment shall include an order that the candidate's candidate committee be
13terminated in accordance with s. 11.0105 and that, notwithstanding s. 11.0105 (3),
14the committee return its residual funds to the donors in an amount not exceeding the
15original contribution or donate its residual funds to the common school fund. The
16court shall appoint a new treasurer for the candidate committee to carry out the
17court's dissolution order.
AB335,3
18Section
3.
Initial applicability.
AB335,2,2019
(1) This act first applies to an action commenced on the effective date of this
20subsection.
