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, s. 5 13Section 5. 5.05 (2m) (c) 14. of the statutes is amended to read:
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, s. 6 22Section 6. 5.05 (2m) (i) of the statutes is amended to read:
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

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, s. 7 5Section 7. 5.08 of the statutes is amended to read:
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, s. 8 23Section 8. 6.56 (4) of the statutes is amended to read:
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

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, s. 9 10Section 9. 6.56 (5) of the statutes is amended to read:
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, s. 10 19Section 10. 11.22 (4) of the statutes is amended to read:
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

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, s. 11 3Section 11. 11.60 (4) of the statutes is amended to read:
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, s. 12 11Section 12. 11.61 (2) of the statutes is amended to read:
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, s. 13 23Section 13. 12.13 (5) (a) of the statutes is amended to read:
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

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, s. 14 8Section 14. 801.50 (5t) of the statutes is repealed.
AB656, s. 15 9Section 15. 801.52 of the statutes is amended to read:
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, s. 16 21Section 16. 801.64 of the statutes is repealed.
AB656, s. 17 22Section 17. 971.19 (12) of the statutes is repealed.
AB656, s. 18 23Section 18. 971.223 of the statutes is repealed.
AB656, s. 19 24Section 19. 971.225 (1) (intro.) of the statutes is amended to read:
AB656,10,2
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, s. 20 3Section 20. 978.05 (1) of the statutes is amended to read:
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, s. 21 18Section 21. 978.05 (2) of the statutes is amended to read:
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

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.
AB656,11,1010 (End)
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