The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1, s. 1 1Section 1. 5.02 (1s) of the statutes is amended to read:
AB1,11,1
15.02 (1s) "Board" means the elections government accountability board.
AB1, s. 2 2Section 2. 5.05 (title) of the statutes is amended to read:
AB1,11,4 35.05 (title) Elections Government accountability board; powers and
4duties.
AB1, s. 3 5Section 3. 5.05 (1) (intro.) of the statutes is amended to read:
AB1,11,96 5.05 (1) General authority. (intro.) The elections government accountability
7board shall have the responsibility for the administration of chs. 5 to 12 and, other
8laws relating to elections and election campaigns, subch. III of ch. 13, and subch. III
9of ch. 19
. Pursuant to such responsibility, the board may:
AB1, s. 4 10Section 4. 5.05 (1) (a) of the statutes is repealed.
AB1, s. 5 11Section 5. 5.05 (1) (b) of the statutes is amended to read:
AB1,11,2312 5.05 (1) (b) In the discharge of its duties and upon after providing notice to the
13any party or parties being investigated who is the subject of an investigation,
14subpoena and bring before it any person in the state and require the production of
15any papers, books, or other records relevant to an investigation. Notwithstanding
16s. 885.01 (4), the issuance of a subpoena requires action by the board at a meeting
17of the board.
A circuit court may by order permit the inspection and copying of the
18accounts and the depositor's and loan records at any financial institution, as defined
19in s. 705.01 (3), doing business in the state to obtain evidence of any violation of ch.
2011 upon showing by the board of probable cause to believe there is a violation and that
21such accounts and records may have a substantial relation to the violation. In the
22discharge of its duties, the board may cause the deposition of witnesses to be taken
23in the manner prescribed for taking depositions in civil actions in circuit court.
AB1, s. 6 24Section 6. 5.05 (1) (c) of the statutes is amended to read:
AB1,13,5
15.05 (1) (c) Bring civil actions to require forfeitures a forfeiture for any violation
2of ch. 11 under s. 11.60. Forfeiture actions brought by the board may concern only
3violations with respect to reports or statements required by law to be filed with it,
4and other violations arising under elections for state office or statewide referenda

5chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or a license revocation for any
6violation of subch. III of ch. 13 for which the offender is subject to a revocation
. The
7board may compromise and settle any civil action or potential action brought or
8authorized to be brought by it under ch.11 which, in the opinion of the board,
9constitutes a minor violation, a violation caused by excusable neglect, or which for
10other good cause shown, should not in the public interest be prosecuted under such
11chapter. Notwithstanding s. 778.06, an a civil action or proposed civil action
12authorized under this paragraph may be settled for such sum as may be agreed
13between the parties. Any settlement made by the board shall be in such amount as
14to deprive the alleged violator of any benefit of his or her wrongdoing and may
15contain a penal component to serve as a deterrent to future violations. In settling
16civil actions or proposed civil actions, the board shall treat comparable situations in
17a comparable manner and shall assure that any settlement bears a reasonable
18relationship to the severity of the offense or alleged offense. Forfeiture Except as
19otherwise provided in sub. (2m) (c) 15. and 16. and ss. 5.08, 5.081, 19.535, and 19.59
20(8), forfeiture and license revocation
actions brought by the board shall be brought
21in the circuit court for the county where the defendant resides, or if the defendant
22is a nonresident of this state, in circuit court
for the county wherein the violation is
23alleged to occur. For purposes of this paragraph, a person other than a natural
24person resides within a county if the person's principal place of operation is located
25within that county. Whenever the board enters into a settlement agreement with an

1individual who is accused of a civil violation of chs. 5 to 12, subch. III of ch. 13, or
2subch. III of ch. 19 or who is investigated by the board for a possible civil violation
3of one of those provisions, the board shall reduce the agreement to writing, together
4with a statement of the board's findings and reasons for entering into the agreement
5and shall retain the agreement and statement in its office for inspection.
AB1, s. 7 6Section 7. 5.05 (1) (e) of the statutes is amended to read:
AB1,13,157 5.05 (1) (e) Delegate to its executive director its legal counsel the authority to
8issue a subpoena under par. (b), apply for a search warrant under par. (b), commence
9an action under par. (d),
intervene in an a civil action or proceeding under sub. (9),
10issue an order under s. 5.06, exempt a polling place from accessibility requirements
11under s. 5.25 (4) (a), exempt a municipality from the requirement to use voting
12machines or an electronic voting system under s. 5.40 (5m), approve an electronic
13data recording system for maintaining poll lists under s. 6.79, or authorize
14nonappointment of an individual who is nominated to serve as an election official
15under s. 7.30 (4) (e), subject to such limitations as the board deems appropriate.
AB1, s. 8 16Section 8. 5.05 (1e) of the statutes is created to read:
AB1,13,1817 5.05 (1e) Actions by the board. Any action by the board requires the
18affirmative vote of at least 4 members.
AB1, s. 9 19Section 9. 5.05 (1m) of the statutes is created to read:
AB1,13,2220 5.05 (1m) Legal counsel. The board shall employ outside the classified service
21an individual to serve as legal counsel who shall perform legal and administrative
22functions for the board.
AB1, s. 10 23Section 10. 5.05 (2m), (2s) and (2w) of the statutes are created to read:
AB1,14,424 5.05 (2m) Enforcement. (a) The board shall investigate violations of laws
25administered by the board and may prosecute alleged civil violations of those laws,

1directly or through its agents under this subsection, pursuant to all statutes granting
2or assigning that authority or responsibility to the board. Prosecution of alleged
3criminal violations investigated by the board may be brought only as provided in par.
4(c) 11., 14., 15., and 16. and s. 978.05 (1).
AB1,14,95 (c) 2. a. Any person may file a complaint with the board alleging a violation of
6chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. If the board finds, by a
7preponderance of the evidence, that a complaint is frivolous, the board may order the
8complainant to forfeit not more than the greater of $500 or the expenses incurred by
9the division in investigating the complaint.
AB1,15,710 4. If the board reviews a complaint and fails to find that there is a reasonable
11suspicion that a violation under subd. 2. has occurred or is occurring, the board shall
12dismiss the complaint. If the board believes that there is reasonable suspicion that
13a violation under subd. 2. has occurred or is occurring, the board may by resolution
14authorize the commencement of an investigation. The resolution shall specifically
15set forth any matter that is authorized to be investigated. To assist in the
16investigation, the board may elect to retain a special investigator. If the board elects
17to retain a special investigator, the administrator of the ethics and accountability
18division shall submit to the board the names of 3 qualified individuals to serve as a
19special investigator. The board may retain one or more of the individuals. If the
20board retains a special investigator to investigate a complaint against a person who
21is a resident of this state, the board shall provide to the district attorney for the
22county in which the person resides a copy of the complaint and shall notify the
23district attorney that it has retained a special investigator to investigate the
24complaint. For purposes of this subdivision, a person other than a natural person
25resides within a county if the person's principal place of operation is located within

1that county. The board shall enter into a written contract with any individual who
2is retained as a special investigator setting forth the terms of the engagement. A
3special investigator who is retained by the board may request the board to issue a
4subpoena to a specific person or to authorize the special investigator to request a
5circuit court to issue a search warrant. The board may grant the request by
6approving a motion to that effect at a meeting of the board if the board finds that such
7action is legally appropriate.
AB1,16,28 5. Each special investigator who is retained by the board shall make periodic
9reports to the board, as directed by the board, but in no case may the interval for
10reporting exceed 30 days. If the board authorizes the administrator of the ethics and
11accountability division to investigate any matter without retaining a special
12investigator, the administrator shall make periodic reports to the board, as directed
13by the board, but in no case may the reporting interval exceed 30 days. During the
14pendency of any investigation, the board shall meet for the purpose of reviewing the
15progress of the investigation at least once every 90 days. The special investigator or
16the administrator shall report in person to the board at that meeting concerning the
17progress of the investigation. If, after receiving a report, the board does not vote to
18continue an investigation for an additional period not exceeding 90 days, the
19investigation is terminated at the end of the reporting interval. The board shall not
20expend more than $10,000 to finance the cost of an investigation before receiving a
21report on the progress of the investigation and recommendation to commit additional
22resources. The board may vote to terminate an investigation at any time. If an
23investigation is terminated, any complaint from which the investigation arose is
24deemed to be dismissed by the board. Unless an investigation is terminated by the

1board, at the conclusion of each investigation, the administrator shall present to the
2board one of the following:
AB1,16,53 a. A recommendation to make a finding that probable cause exists to believe
4that one or more violations under subd. 2. have occurred or are occurring, together
5with a recommended course of action.
AB1,16,76 b. A recommendation for further investigation of the matter together with facts
7supporting that course of action.
AB1,16,98 c. A recommendation to terminate the investigation due to lack of sufficient
9evidence to indicate that a violation under subd. 2 has occurred or is occurring.
AB1,16,1910 6. a. If the board finds that there is probable cause to believe that a violation
11under subd. 2. has occurred or is occurring, the board may authorize the
12administrator of the ethics and accountability division to file a civil complaint
13against the alleged violator. In such case, the administrator may request the
14assistance of special counsel to prosecute any action brought by the board. If the
15administrator requests the assistance of special counsel with respect to any matter,
16the administrator shall submit to the board the names of 3 qualified individuals to
17serve as special counsel. The board may retain one of the individuals to act as special
18counsel. The staff of the board shall provide assistance to the special counsel as may
19be required by the counsel to carry out his or her responsibilities.
AB1,16,2520 b. The board shall enter into a written contract with any individual who is
21retained as special counsel setting forth the terms of the engagement. The contract
22shall set forth the compensation to be paid such counsel by the state. The contract
23shall be executed on behalf of the state by the board's legal counsel, who shall file the
24contract in the office of the secretary of state. The compensation shall be charged to
25the appropriation under s. 20.455 (1) (b).
AB1,17,2
17. No individual who is appointed or retained by the board to serve as special
2counsel or as a special investigator is subject to approval under s. 20.930.
AB1,17,83 8. Upon employment of any individual to serve as special counsel or as a special
4investigator for the board, the administrator of the ethics and accountability division
5shall certify the maximum amount provided in the employment contract to the
6secretary of administration, and direct the department of administration to pay bills
7of the special counsel or special investigator related to that case within the certified
8amount.
AB1,17,169 11. If the board finds that there is probable cause to believe that a violation
10under subd. 2. has occurred or is occurring, the board may, in lieu of civil prosecution
11of any matter by the board, refer the matter to the district attorney for the county
12in which the alleged violator resides, or if the alleged violator is a nonresident, to the
13district attorney for the county where the matter arises, or if par. (i) applies, to the
14attorney general or a special prosecutor. For purposes of this subdivision, a person
15other than a natural person resides within a county if the person's principal place of
16operation is located within that county.
AB1,17,2217 12. The board may, by rule, prescribe categories of civil offenses which the board
18will agree to compromise and settle without a formal investigation upon payment of
19specified amounts by the alleged offender. The board may authorize the
20administrator of the ethics and accountability division to compromise and settle such
21alleged offenses in the name of the board if the alleged offenses by an offender, in the
22aggregate, do not involve payment of more than $1,000.
AB1,18,723 13. If a special investigator or the administrator of the ethics and
24accountability division, in the course of an investigation authorized by the board,
25discovers evidence that a violation under subd. 2. that was not within the scope of

1the authorized investigation has occurred or is occurring, the special investigator or
2the administrator may present that evidence to the board. If the board finds that
3there is a reasonable suspicion that a violation under subd. 2. that is not within the
4scope of the authorized investigation has occurred or is occurring, the board may
5authorize the special investigator or the administrator to investigate the alleged
6violation or may elect to authorize a separate investigation of the alleged violation
7as provided in subd. 4.
AB1,18,158 14. If a special investigator or the administrator of the ethics and
9accountability division of the board, in the course of an investigation authorized by
10the board, discovers evidence of a potential violation of a law that is not administered
11by the board arising from or in relation to the official functions of the subject of the
12investigation or any matter that involves elections, ethics, or lobbying regulation,
13the special investigator or the administrator may present that evidence to the board.
14The board may thereupon refer the matter to the appropriate district attorney
15specified in subd. 11.
AB1,19,316 15. Except as provided in subd. 17., if the board refers a matter to the district
17attorney specified in subd. 11. for prosecution of a potential violation under subd. 2.
18or 14. and the district attorney informs the board that he or she declines to prosecute
19any alleged civil or criminal violation related to any matter referred to the district
20attorney by the board, or the district attorney fails to commence a prosecution of any
21civil or criminal violation related to any matter referred to the district attorney by
22the board within 60 days of the date of the board's referral, the board may refer the
23matter to the district attorney for another prosecutorial unit that is contiguous to the
24prosecutorial unit of the district attorney to whom the matter was originally
25referred. If there is more than one such prosecutorial unit, the chairperson of the

1board shall determine the district attorney to whom the matter shall be referred by
2publicly drawing lots at a meeting of the board. The district attorney may then
3commence a civil or criminal prosecution relating to the matter.
AB1,19,124 16. Except as provided in subd. 17., if the board refers a matter to a district
5attorney under subd. 15. for prosecution of a potential violation under subd. 2. or 14.
6and the district attorney informs the board that he or she declines to prosecute any
7alleged civil or criminal violation related to any matter referred to the district
8attorney by the board, or the district attorney fails to commence a prosecution of any
9civil or criminal violation related to any matter referred to the district attorney by
10the board within 60 days of the date of the board's referral, the board may refer the
11matter to the attorney general. The attorney general may then commence a civil or
12criminal prosecution relating to the matter.
AB1,19,1513 17. The board is not authorized to act under subd. 15. or 16. if a special
14prosecutor is appointed under s. 978.045 in lieu of the district attorney specified in
15subd. 11.
AB1,19,2316 18. Whenever the board refers a matter to special counsel or to a district
17attorney or to the attorney general under this subsection, the special counsel, district
18attorney, or attorney general shall report to the board concerning any action taken
19regarding the matter. The report shall be transmitted no later than 40 days after the
20date of the referral. If the matter is not disposed of during that period, the special
21counsel, district attorney, or attorney general shall file a subsequent report at the
22end of each 30-day period following the filing of the initial report until final
23disposition of the matter.
AB1,20,524 (d) No individual who serves as an employee of the board and no individual who
25is retained by the board to serve as a special investigator or as special counsel may,

1while so employed or retained or for 12 months after ceasing to be so employed or
2retained, may become a candidate, as defined in s. 11.01 (1), for state or local office.
3A filing officer shall decline to accept nomination papers or a declaration of candidacy
4from any individual who does not qualify to become a candidate under this
5paragraph.
AB1,20,136 (e) No individual who serves as an employee of the board and no individual who
7is retained by the board to serve as a special investigator or a special counsel may,
8while so employed or retained, make a contribution, as defined in s. 11.01 (6), to a
9candidate for state or local office. No individual who serves as an employee of the
10board and no individual who is retained by the board to serve as a special investigator
11or as special counsel, for 12 months prior to becoming so employed or retained, may
12have made a contribution, as defined in s. 11.01 (6), to a candidate for a partisan state
13or local office.
AB1,20,1914 (h) If the defendant in an action for a civil violation of chs. 5 to 12, subch. III
15of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit judge or a candidate
16for either such office, the action shall be brought by the board. If the defendant in
17an action for a civil violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch.
1819 is the attorney general or a candidate for that office, the board may appoint special
19counsel to bring suit on behalf of the state.
AB1,20,2520 (i) If the defendant in an action for a criminal violation of chs. 5 to 12, subch.
21III of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit judge or a candidate
22for either such office, the action shall be brought by the attorney general. If the
23defendant in an action for a criminal violation of chs. 5 to 12, subch. III of ch. 13, or
24subch. III of ch. 19 is the attorney general or a candidate for that office, the board may
25appoint a special prosecutor to conduct the prosecution on behalf of the state.
AB1,21,3
1(j) Any special counsel or prosecutor who is appointed under par. (h) or (i) shall
2be independent of the attorney general and need not be a state employee at the time
3of his or her appointment.
AB1,21,6 4(2s) Ethics and accountability division. The ethics and accountability
5division has the responsibility for administration of ch. 11, subch. III of ch. 13, and
6subch. III of ch. 19.
AB1,21,8 7(2w) Elections Division. The elections division has the responsibility for the
8administration of chs. 5 to 10 and 12.
AB1, s. 11 9Section 11. 5.05 (3) of the statutes is repealed.
AB1, s. 12 10Section 12. 5.05 (3g) of the statutes is created to read:
AB1,21,1211 5.05 (3g) Chief election officer. The board shall designate an employee of
12the board to serve as the chief election officer of this state.
AB1, s. 13 13Section 13. 5.05 (5) of the statutes is repealed.
AB1, s. 14 14Section 14. 5.05 (5s) (title), (d) and (e) of the statutes are created to read:
AB1,21,1515 5.05 (5s) (title) Access to records.
AB1,21,2116 (d) If the board commences a civil prosecution of a person for an alleged
17violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 as the result of an
18investigation, the person who is the subject of the investigation may authorize the
19board to make available for inspection and copying under s. 19.35 (1) records of the
20investigation pertaining to that person if the records are available by law to the
21subject person and the board shall then make those records available.
AB1,21,2322 (e) The following records of the board are open to public inspection and copying
23under s. 19.35 (1):
AB1,21,2524 1. Any record of the action of the board authorizing the filing of a civil complaint
25under sub. (2m) (c) 6.
AB1,22,2
12. Any record of the action of the board referring a matter to a district attorney
2or other prosecutor for investigation or prosecution.
AB1,22,43 3. Any record containing a finding that a complaint does not raise a reasonable
4suspicion that a violation of the law has occurred.
AB1,22,65 4. Any record containing a finding, following an investigation, that no probable
6cause exists to believe that a violation of the law has occurred.
AB1, s. 15 7Section 15. 5.05 (6) of the statutes is repealed.
AB1, s. 16 8Section 16. 5.05 (9) of the statutes is amended to read:
AB1,22,149 5.05 (9) Standing. The board has standing to commence or intervene in an any
10civil
action or proceeding for the purpose of enforcing the laws regulating the conduct
11of elections or election campaigns or ensuring their proper administration. If the
12board delegates authority to the executive director its legal counsel under sub. (1) (e)
13to act in its stead, the executive director legal counsel has standing to commence or
14intervene in such an action or proceeding.
AB1, s. 17 15Section 17. 5.05 (11) of the statutes is amended to read:
AB1,22,2516 5.05 (11) Aids to counties and municipalities. From the appropriations under
17s. 20.510 20.511 (1) (t) and (x), the board may provide financial assistance to eligible
18counties and municipalities for election administration costs in accordance with the
19plan adopted under sub. (10). As a condition precedent to receipt of assistance under
20this subsection, the board shall enter into an agreement with the county or
21municipality receiving the assistance specifying the intended use of the assistance
22and shall ensure compliance with the terms of the agreement. Each agreement shall
23provide that if the federal government objects to the use of any assistance moneys
24provided to the county or municipality under the agreement, the county or
25municipality shall repay the amount of the assistance provided to the board.
AB1, s. 18
1Section 18. 5.052 of the statutes is created to read:
AB1,23,5 25.052 Government accountability candidate committee. (1) The
3government accountability candidate committee shall meet whenever a vacancy
4occurs in the membership of the board that requires a nomination to be submitted
5to the governor under s. 15.60 (2).
AB1,23,7 6(2) No person may be nominated by the committee unless the person receives
7the unanimous approval of the committee.
AB1,23,9 8(3) Except as provided in sub. (4), the committee shall submit at least the
9following number of nominations:
AB1,23,1010 (a) To fill one vacancy, 2 nominations.
AB1,23,1111 (b) To fill 2 vacancies, 3 nominations.
AB1,23,1212 (c) To fill 3 vacancies, 5 nominations.
AB1,23,1313 (d) To fill 4 vacancies, 6 nominations.
AB1,23,1414 (e) To fill 5 vacancies, 7 nominations.
AB1,23,17 15(4) If a nominee dies or withdraws, or if a nomination of the governor is
16withdrawn by the governor or rejected by the senate, the committee shall submit an
17additional nominee to the governor.
AB1, s. 19 18Section 19. 5.054 of the statutes is created to read:
AB1,23,19 195.054 Duties of the legal counsel. The board's legal counsel shall:
AB1,23,21 20(1) Whenever a vacancy occurs on the board, call a meeting of the government
21accountability candidate committee.
AB1,23,23 22(2) Assist the government accountability candidate committee in the
23performance of its functions.
AB1, s. 20 24Section 20. 5.055 of the statutes is amended to read:
AB1,24,14
15.055 Election assistance commission standards board. The executive
2director of
administrator of the elections division of the board shall, in consultation
3with the board, appoint an individual to represent this state as a member of the
4federal election assistance commission standards board. The executive director
5administrator shall also conduct and supervise a process for the selection of an
6election official by county and municipal clerks and boards of election commissioners
7to represent local election officials of this state as a member of the federal election
8assistance commission standards board. The executive director administrator shall
9ensure that the members of the federal election assistance commission standards
10board representing this state shall at no time be members of the same political party.
11Upon appointment or election of any new member of the federal election assistance
12commission standards board representing this state, the executive director
13administrator shall transmit a notice of that member's appointment or election to the
14officer or agency designated by federal law.
AB1, s. 21 15Section 21. 5.056 of the statutes is amended to read:
AB1,24,21 165.056 Matching program with secretary of transportation. The
17executive director administrator of the elections division of the board shall enter into
18the agreement with the secretary of transportation specified under s. 85.61 (1) to
19match personally identifiable information on the official registration list maintained
20by the board under s. 6.36 (1) with personally identifiable information maintained
21by the department of transportation.
AB1, s. 22 22Section 22. 5.08 of the statutes is amended to read:
AB1,25,12 235.08 Petition for enforcement. Any In addition to or in lieu of filing a
24complaint, any
elector may file a verified petition alleging such facts as are within
25his or her knowledge to indicate that an election official has failed or is failing to

1comply with any law regulating the conduct of elections or election campaigns or
2proposes to act in a manner inconsistent with such a law, and requesting that an
3action be commenced for injunctive relief, a writ of mandamus or prohibition or other
4such legal or equitable relief as may be appropriate to compel compliance with the
5law. The petition shall be filed with the district attorney of for the county where the
6violation or proposed action inconsistent with this chapter occurs or is proposed to
7occur
having jurisdiction to prosecute the alleged failure to comply under s. 978.05
8(1) and (2)
. The district attorney may then commence the action or dismiss the
9petition. If the district attorney declines to act upon the petition or if the district
10attorney fails to act upon the petition within 15 days of the date of filing, the
11petitioner may file the same petition with the attorney general, who may then
12commence the action.
AB1, s. 23 13Section 23. 5.09 of the statutes is amended to read:
AB1,25,20 145.09 Certification of documents. Whenever the board is authorized or
15required to make a certification of any document in the custody of the board, and the
16authority to make the certification is lawfully delegated to the executive director, the
17executive director
board's legal counsel, the legal counsel may, personally or through
18an employee authorized by the director legal counsel, affix his or her signature by
19means of a stamp, machine impression, reproduction print or similar process. This
20section does not apply to certificates of election.
AB1, s. 24 21Section 24. 5.40 (7) of the statutes is amended to read:
AB1,26,322 5.40 (7) Whenever a municipality adopts and purchases voting machines or an
23electronic voting system, or adopts and purchases a different type of voting machine
24or electronic voting system from the type it was previously using, the municipal clerk
25or executive director of the municipal board of election commissioners shall promptly

1notify the county clerk or executive director of the county board of election
2commissioners and the executive director of the elections administrator of the
3elections division of the
board in writing.
AB1, s. 25 4Section 25. 5.62 (4) (b) of the statutes is amended to read:
AB1,26,95 5.62 (4) (b) The county board of election commissioners in counties having a
6population of more than 500,000 shall prepare the official primary ballot. The
7commissioners shall arrange the names of all candidates for each office whose
8nomination papers are filed at the county level, using the same method as that used
9by the elections government accountability board under s. 5.60 (1) (b).
Loading...
Loading...