AB656,3,162 5.05 (1) (c) Bring civil actions to require a forfeiture for any violation of chs. 5
3to 12, subch. III of ch. 13, or subch. III of ch. 19 or a license revocation for any violation
4of subch. III of ch. 13 for which the offender is subject to a revocation. The board may
5compromise and settle any civil action or potential action brought or authorized to
6be brought by it which, in the opinion of the board, constitutes a minor violation, a
7violation caused by excusable neglect, or which for other good cause shown, should
8not in the public interest be prosecuted under such chapter. Notwithstanding s.
9778.06, a civil action or proposed civil action authorized under this paragraph may
10be settled for such sum as may be agreed between the parties. Any settlement made
11by the board shall be in such amount as to deprive the alleged violator of any benefit
12of his or her wrongdoing and may contain a penal component to serve as a deterrent

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1to future violations. In settling civil actions or proposed civil actions, the board shall
2treat comparable situations in a comparable manner and shall assure that any
3settlement bears a reasonable relationship to the severity of the offense or alleged
4offense. Except as otherwise provided in sub. (2m) (c) 15. and 16. and ss. 5.08, 5.081,
5and 19.59 (8), forfeiture Forfeiture and license revocation actions brought by the
6board shall be brought in the circuit court for the county where the defendant resides,
7or if the defendant is a nonresident of this state, in circuit court for the county
8wherein the violation is alleged to occur. For purposes of this paragraph, a person
9other than a natural person resides within a county if the person's principal place of
10operation is located within that county provided under s. 801.50. Whenever the
11board enters into a settlement agreement with an individual who is accused of a civil
12violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or who is
13investigated by the board for a possible civil violation of one of those provisions, the
14board shall reduce the agreement to writing, together with a statement of the board's
15findings and reasons for entering into the agreement and shall retain the agreement
16and statement in its office for inspection.

AB656,3,2318 5.05 (2m) (a) The board shall investigate violations of laws administered by the
19board and may prosecute alleged civil violations of those laws, directly or through its
20agents under this subsection, pursuant to all statutes granting or assigning that
21authority or responsibility to the board. Prosecution of alleged criminal violations
22investigated by the board may be brought only as provided in par. (c) 11., 14., 15., and
2316. and s. 978.05 (1).

AB656,5,2

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15.05 (2m) (c) 4. If the board reviews a complaint and fails to find that there is
2a reasonable suspicion that a violation under subd. 2. has occurred or is occurring,
3the board shall dismiss the complaint. If the board believes that there is reasonable
4suspicion that a violation under subd. 2. has occurred or is occurring, the board may
5by resolution authorize the commencement of an investigation. The resolution shall
6specifically set forth any matter that is authorized to be investigated. To assist in
7the investigation, the board may elect to retain a special investigator. If the board
8elects to retain a special investigator, the administrator of the ethics and
9accountability division shall submit to the board the names of 3 qualified individuals
10to serve as a special investigator. The board may retain one or more of the
11individuals. If Unless another prosecutor has jurisdiction to prosecute the alleged
12violation, if the board retains a special investigator to investigate a complaint
13against a person who is a resident of this state alleging a violation under subd. 2.,
14the board shall provide to the district attorney for the county in which the person
15resides where the violation is alleged to occur a copy of the complaint and shall notify
16the district attorney that it has retained a special investigator to investigate the
17complaint. For purposes of this subdivision, a person other than a natural person
18resides within a county if the person's principal place of operation is located within
19that county. If another prosecutor has jurisdiction to prosecute the alleged violation,
20the board shall provide the copy of the complaint and notification to that prosecutor
21or the person having authority to appoint that prosecutor. The board shall enter into
22a written contract with any individual who is retained as a special investigator
23setting forth the terms of the engagement. A special investigator who is retained by
24the board may request the board to issue a subpoena to a specific person or to
25authorize the special investigator to request a circuit court to issue a search warrant.

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1The board may grant the request by approving a motion to that effect at a meeting
2of the board if the board finds that such action is legally appropriate.

AB656,5,124 5.05 (2m) (c) 11. If the board finds that there is probable cause to believe that
5a violation under subd. 2. has occurred or is occurring, the board may, in lieu of civil
6prosecution of any matter by the board, refer the matter to the district attorney for
7the county in which the alleged violator resides, or if the alleged violator is a
8nonresident, to the district attorney for the county where the matter arises, having
9jurisdiction to prosecute the alleged violation, or if subd. 16. or par. (i) applies, to the
10attorney general or a special prosecutor. For purposes of this subdivision, a person
11other than a natural person resides within a county if the person's principal place of
12operation is located within that county.

AB656,5,2114 5.05 (2m) (c) 14. If a special investigator or the administrator of the ethics and
15accountability division of the board, in the course of an investigation authorized by
16the board, discovers evidence of a potential violation of a law that is not administered
17by the board arising from or in relation to the official functions of the subject of the
18investigation or any matter that involves elections, ethics, or lobbying regulation,
19the special investigator or the administrator may present that evidence to the board.
20The board may thereupon refer the matter to the appropriate district attorney
21specified except as otherwise provided in subd. 11.

AB656,6,423 5.05 (2m) (i) If the defendant in an action for a an alleged criminal violation
24of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 is concerns a district attorney
25or a circuit judge or a candidate for either such office, the action shall be brought by

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1the attorney general. If the defendant in an action for a an alleged criminal violation
2of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 is concerns the attorney
3general or a candidate for that office, the board may appoint a special prosecutor to
4conduct the prosecution on behalf of the state.

AB656,6,22 65.08 Petition for enforcement. In addition to or in lieu of filing a complaint,
7any elector may file a verified petition alleging such facts as are within his or her
8knowledge to indicate that an election official has failed or is failing to comply with
9any law regulating the conduct of elections or election campaigns or proposes to act
10in a manner inconsistent with such a law, and requesting that an action be
11commenced for injunctive relief, a writ of mandamus or prohibition or other such
12legal or equitable relief as may be appropriate to compel compliance with the law.
13The Unless another prosecutor has jurisdiction to prosecute the alleged failure to
14comply, the petition shall be filed with the district attorney for the county having
15jurisdiction to prosecute the alleged failure to comply under s. 978.05 (1) and (2). If
16another prosecutor has jurisdiction to prosecute the alleged failure to comply, the
17petition shall be filed with that prosecutor or the person having authority to appoint
18that prosecutor. The district attorney or other prosecutor may then commence the
19action or dismiss the petition. If the district attorney or other prosecutor declines to
20act upon the petition or if the district attorney fails to act upon the petition within
2115 days of the date of filing, the petitioner may file the same petition with the
22attorney general, who may then commence the action.

AB656,7,924 6.56 (4) After each election, the municipal clerk shall perform an audit to
25assure that no person has been allowed to vote more than once. Whenever the

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1municipal clerk has good reason to believe that a person has voted more than once
2in an election, the clerk shall send the person a 1st class letter marked in accordance
3with postal regulations to ensure that it will be returned to the clerk if the elector
4does not reside at the address given on the letter. The letter shall inform the person
5that all registrations relating to that person may be changed from eligible to
6ineligible status within 7 days unless the person contacts the office of the clerk to
7clarify the matter. A copy of the letter and of any subsequent information received
8from or about the addressee shall be sent to the district attorney for the county where
9the person resides any potential violation occurs and the board.

AB656,7,1811 6.56 (5) Whenever any letter or postcard mailed under this section is returned
12undelivered, or whenever the U.S. postal service notifies the clerk of an improper
13address which was apparently improper on the day of the election or whenever it
14otherwise appears that a person has voted who is not qualified or has voted more
15than once in an election, and the person has been permitted to vote after
16corroboration was made under s. 6.55 (2) or 6.86 (3) (a) 2., the name of the
17corroborator shall also be provided to the district attorney for the county where the
18person resides any potential violation occurs and the board.

AB656,8,220 11.22 (4) Notify the board and the district attorney , or the attorney general
21where appropriate under s. 5.05 (2m) (i), in writing, of any facts within the filing
22officer's knowledge or evidence in the officer's possession, including errors or
23discrepancies in reports or statements and delinquencies in filing which may be
24grounds for civil action or criminal prosecution. The filing officer shall transmit a
25copy of such notification to the board. The board and the district attorney or the

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1attorney general shall advise the filing officer in writing at the end of each 30-day
2period of the status of such matter until the time of disposition.

AB656,8,104 11.60 (4) Except as otherwise provided in ss. s. 5.05 (2m) (c) 15. and 16. and (h),
55.08, and 5.081, actions under this section or s. 11.517 may be brought by the board
6or by the appropriate district attorney for the county where the defendant resides or,
7if the defendant is a nonresident, by the district attorney for the county where the
8violation is alleged to have occurred. For purposes of this subsection, a person other
9than a natural person resides within a county if the person's principal place of
10operation is located within that county or other prosecutor under ch. 978.

AB656,8,2212 11.61 (2) Except as otherwise provided in ss. this subsection and s. 5.05 (2m)
13(c) 15. and 16. and (i), 5.08, and 5.081, all prosecutions under this section or s. 11.518
14shall be conducted by the appropriate district attorney for the county where the
15defendant resides or, if the defendant is a nonresident, by the district attorney for the
16county where the violation is alleged to have occurred. For purposes of this
17subsection, a person other than a natural person resides within a county if the
18person's principal place of operation is located within that county or other prosecutor
19under ch. 978. In addition to the remedy provided in s. 5.05 (2m) (c) 15. to 17., if the
20district attorney refuses to act upon a sworn complaint, or fails to act upon such a
21complaint within 60 days of the date on which the complaint is received, the attorney
22general may then conduct the prosecution under this section.

AB656,9,724 12.13 (5) (a) Except as specifically authorized by law and except as provided
25in par. (b), no investigator, prosecutor, employee of an investigator or prosecutor, or

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1member or employee of the board may disclose information related to an
2investigation or prosecution under chs. 5 to 12, subch. III of ch. 13, or subch. III of
3ch. 19 or any other law specified in s. 978.05 (1) or (2) or provide access to any record
4of the investigator, prosecutor, or the board that is not subject to access under s. 5.05
5(5s) to any person other than an employee or agent of the prosecutor or investigator
6or a member, employee, or agent of the board prior to presentation of the information
7or record in a court of law.

AB656,9,20 10801.52 Discretionary change of venue. The court may at any time, upon
11its own motion, the motion of a party or the stipulation of the parties, change the
12venue to any county in the interest of justice or for the convenience of the parties or
13witnesses, except that venue in a civil action to impose a forfeiture for a violation of
14chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other
15law arising from or in relation to the official functions of the subject of the
16investigation or any matter that involves elections, ethics, or lobbying regulation
17under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only
18as provided in s. 971.223 (1) and (2) or in the same manner that is authorized for a
19change in the venue of a criminal trial under s. 971.22. This section does not apply
20to proceedings under ch. 980.

AB656,10,2

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1971.225 (1) (intro.) In lieu of changing the place of trial under s. 971.22 (3) or
2971.223, the court may require the selection of a jury under sub. (2) if:

AB656,10,174 978.05 (1) Criminal actions. Except as otherwise provided by law, prosecute
5all criminal actions before any court within his or her prosecutorial unit and have
6sole responsibility for prosecution of all criminal actions arising from violations of
7chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 and from violations of other
8laws arising from or in relation to the official functions of the subject of the
9investigation or any matter that involves elections, ethics, or lobbying regulation
10under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, that are alleged to be
11committed by a resident of his or her prosecutorial unit, or if alleged to be committed
12by a nonresident of this state, that are alleged to occur in his or her prosecutorial unit
13unless another prosecutor is substituted under s. 5.05 (2m) (i) or s. 11.61 (2) or this
14chapter or by referral of the government accountability board under s. 5.05 (2m) (c)
1515. or 16. For purposes of this subsection, a person other than a natural person is
16a resident of a prosecutorial unit if the person's principal place of operation is located
17in that prosecutorial unit.

AB656,11,919 978.05 (2) Forfeitures. Except as otherwise provided by law, prosecute all
20state forfeiture actions, county traffic actions and actions concerning violations of
21county ordinances which are in conformity with state criminal laws in the courts
22within his or her prosecutorial unit and have joint responsibility, together with the
23government accountability board, for prosecution of all forfeiture actions arising
24from violations of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 and from
25violations of other laws arising from or in relation to the official functions of the

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1subject of the investigation or any matter that involves elections, ethics, or lobbying
2regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 that are alleged
3to be committed by a resident of his or her prosecutorial unit, or if alleged to be
4committed by a nonresident of this state, that are alleged to occur within his or her
5prosecutorial unit unless another prosecutor is substituted under s. 5.05 (2m) (h) or
6this chapter or by referral of the government accountability board under s. 5.05 (2m)
7(c) 15. or 16. For purposes of this subsection, a person other than a natural person
8is a resident of a prosecutorial unit if the person's principal place of operation is
9located in that prosecutorial unit.