The Enforcement Division is empowered to investigate violations and bring
civil and criminal actions to enforce the elections, ethics, and lobbying regulation
laws. Under current law, the Elections Board and Ethics Board share civil
enforcement authority with district attorneys and in some cases with county boards
of election commissioners, and with the attorney general; and the district attorneys,
and in some cases the attorney general, exercise criminal enforcement authority.
Under the bill, the Enforcement Division has independent authority to investigate

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violations of the elections, ethics, and lobbying regulation laws without the consent
of the Government Accountability Board, except that the division must obtain the
concurrence of the board before issuing a subpoena or obtaining a search warrant.
The bill requires the Enforcement Division to obtain the approval of the board before
commencing a prosecution. The vote of at least four members of the board is required
for approval. The bill permits the Enforcement Division to request the board to
appoint special counsel to investigate or prosecute violations of the law. Under the
bill, the board may retain special counsel to act as an investigator in any matter. The
administrator of the Enforcement Division may also investigate any matter without
retaining an investigator. An investigator or the administrator must report to the
board concerning an investigation at least once every 90 days, after which the
investigation may continue unless the board terminates the investigation by a vote
of at least four members of the board. The bill also permits the Enforcement Division
to request investigatory and prosecutorial assistance from the Department of Justice
and directs the Department of Justice to provide the assistance upon request. Under
the bill, the Enforcement Division is bound by applicable laws, rules, formal
opinions, and actions of the board, except that the division may nonacquiesce in any
formal opinion of the board by publishing a notice of nonacquiescence in the
Wisconsin Administrative Register. Thereafter, the division is not bound by that
opinion. The bill directs the Government Accountability Board and the district
attorneys to share investigatory information concerning possible violations of the
elections, ethics, and lobbying regulation laws and accords precedence to the board
in conducting investigations and prosecutions. Under the bill, a district attorney
may refer to the board any matter concerning a possible violation of the elections,
ethics, or lobbying regulation laws. If a district attorney refers to the board a matter
concerning a possible criminal violation of the elections laws in an election for state
or national office or an alleged violation of the ethics or lobbying regulation laws by
a state official and the board determines not to commence a criminal prosecution, the
bill directs the board to report to the district attorney within 30 days of the referral
specifying the reasons why it will not commence a prosecution.

The bill directs a district attorney to notify the Government Accountability
Board before commencing a prosecution concerning any violation of the elections,
ethics, or lobbying regulation laws. The district attorney is prohibited from
commencing a prosecution with respect to a violation of the election laws in an
election for state or national office, or a violation of the ethics or lobbying regulation
laws by a state official unless the board notifies the district attorney that it will not
commence a prosecution, or the board does not commence a prosecution within 30
days after the district attorney receives the notice.

The bill provides that if a district attorney opens an investigation of a possible
criminal violation of the elections, ethics, or lobbying regulation laws, the district
attorney must report to the Government Accountability Board concerning the status
of the investigation no later than the end of each 90-day period until the
investigation is concluded. Under the bill, if a district attorney commences a criminal
prosecution for a violation of the elections, ethics, or lobbying regulation laws, the
district attorney must report to the board concerning the status of the prosecution

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no later than the end of each 180-day period until the prosecution is concluded. If
the Enforcement Division commences any prosecution for a violation of the elections,
ethics, or lobbying regulation laws, the division must report to the board concerning
the status of the prosecution no later than the end of each 180-day period until the
prosecution is concluded.

Currently, the Elections and Ethics boards have sum certain appropriations
derived from state general purpose revenue. In addition, both boards finance some
of their operations with program revenue. This bill repeals all appropriations to both
boards and does not make any appropriations to the Government Accountability
Board. Under the bill, the Government Accountability Board will be unable to
operate unless funding is provided for the board by other legislation. The bill
requires the board to forward the Enforcement Division's budget requests to the
Department of Administration without change, except as concurred in by the
division.

Under the bill, any person may file a sworn complaint with the Enforcement
Division alleging a violation of the elections, ethics, or lobbying regulation laws. The
division must investigate the complaint unless the division finds the complaint to be
without merit. The bill also permits the division to investigate any violation of the
elections, ethics, or lobbying regulation laws on its own initiative or upon direction
of the board. The division may order an election official or private person to act in
conformity with the elections, ethics, or lobbying regulation laws or rules of the
board, and may impose a forfeiture (civil monetary penalty) for a violation. The
decision of the division may be appealed to the board or may be appealed directly to
circuit court. In deciding an appeal, the board is not bound by any findings of fact
or conclusions of law made by the division with respect to the matter. If the decision
of the division is not appealed or if the board does not modify or reverse a decision
of the division after hearing an appeal, the decision of the division becomes the
decision of the board. Any decision of the board is also subject to judicial review in
circuit court. If the board modifies or reverses an action of the division, the division
may also seek judicial review of the board's decision. The procedure does not apply
to any alleged violation of the elections, ethics, or lobbying regulation laws by the
board or division, nor to any matter arising in connection with a recount.

Currently, a defendant in a criminal trial is tried in the county where the
defendant's crime is alleged to have been committed, except that the defendant may
request the judge to move the trial to another county and the judge may grant the
request if the judge believes that an impartial trial cannot be had unless the trial is
moved. This bill provides that if the defendant in a criminal trial for a violation of
the elections, ethics, or lobbying regulation laws is a resident of this state, the trial
shall be held in circuit court for the county where the defendant resides, subject to
the current exception.

Currently, opinions of the Elections Board are open to public inspection, but
opinions of the Ethics Board, with limited exceptions, are closed to public inspection.
However, the Ethics Board publishes summaries of its opinions without divulging
information that could reveal the identity of the requester. This bill makes all

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opinions issued by the Government Accountability Board closed to public inspection,
subject to the current exceptions for opinions issued by the Ethics Board.

The bill provides for the bill to become law on January 1, 2009, after which date
the members of the Government Accountability Board may be appointed and take
office. However, the existing Elections Board and Ethics Board continue in operation
until June 1, 2009, subject to appropriation of money for continued operation of the
boards by other legislation. Under the bill, the Government Accountability Board
may not exercise administrative or enforcement authority until June 1, 2009. The
bill also provides that the director of the Legislative Council Staff shall serve as
executive director of the Government Accountability Board, without additional
compensation, until the initial executive director of the Government Accountability
Board is appointed and qualified, and may exercise all of the functions of the
executive director of the Government Accountability Board, the enforcement
division, and the administrator of the enforcement division.

Currently, state boards may meet in closed session to discuss the investigation
of charges against specific persons. This bill provides specifically that the
Government Accountability Board may meet in closed session to deliberate
concerning any investigation under the board's jurisdiction.