1 | 1 | | LRB-3535/1 |
---|
2 | 2 | | MPG&JK:skw&cjs |
---|
3 | 3 | | 2023 - 2024 LEGISLATURE |
---|
4 | 4 | | 2023 SENATE BILL 334 |
---|
5 | 5 | | June 14, 2023 - Introduced by Senators KNODL, SPREITZER and TAYLOR, cosponsored |
---|
6 | 6 | | by Representatives ORTIZ-VELEZ, SORTWELL, CABRERA, MYERS, JOERS, MURPHY, |
---|
7 | 7 | | SINICKI, OHNSTAD and GUSTAFSON. Referred to Committee on Shared Revenue, |
---|
8 | 8 | | Elections and Consumer Protection. |
---|
9 | 9 | | AN ACT to create 11.1401 (2m) and 12.60 (1m) of the statutes; relating to: |
---|
10 | 10 | | judgments concerning a candidate's felony violation of certain campaign |
---|
11 | 11 | | finance or election fraud laws. |
---|
12 | 12 | | Analysis by the Legislative Reference Bureau |
---|
13 | 13 | | Under current law, a candidate for public office who commits certain campaign |
---|
14 | 14 | | finance or election fraud violations is guilty of a Class I felony, the penalty for which |
---|
15 | 15 | | is a fine not to exceed $10,000 or imprisonment not to exceed three years and six |
---|
16 | 16 | | months, or both. Under this bill, if a candidate is adjudged guilty of such a felony in |
---|
17 | 17 | | a criminal proceeding, the court's judgment in the matter must include an order that |
---|
18 | 18 | | the candidate's candidate committee be dissolved in accordance with current law and |
---|
19 | 19 | | that the candidate return unencumbered campaign funds to the donors in amounts |
---|
20 | 20 | | not exceeding the original contributions or donate those funds to the common school |
---|
21 | 21 | | fund. Additionally, the bill requires the court to appoint a new treasurer for the |
---|
22 | 22 | | candidate committee to carry out the court's dissolution order. |
---|
23 | 23 | | The people of the state of Wisconsin, represented in senate and assembly, do |
---|
24 | 24 | | enact as follows: |
---|
25 | 25 | | SECTION 1. 11.1401 (2m) of the statutes is created to read: |
---|
26 | 26 | | 11.1401 (2m) If a candidate for public office is adjudged guilty in a criminal |
---|
27 | 27 | | action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of |
---|
28 | 28 | | 1 |
---|
29 | 29 | | 2 |
---|
30 | 30 | | 3 |
---|
31 | 31 | | 4 |
---|
32 | 32 | | 5 |
---|
33 | 33 | | 6 - 2 -2023 - 2024 Legislature LRB-3535/1 |
---|
34 | 34 | | MPG&JK:skw&cjs |
---|
35 | 35 | | SECTION 1 SENATE BILL 334 |
---|
36 | 36 | | ch. 12 under s. 12.60 (1) (a) committed during his or her candidacy, the court's |
---|
37 | 37 | | judgment shall include an order that the candidate's candidate committee be |
---|
38 | 38 | | terminated in accordance with s. 11.0105 and that, notwithstanding s. 11.0105 (3), |
---|
39 | 39 | | the committee return its residual funds to the donors in an amount not exceeding the |
---|
40 | 40 | | original contribution or donate its residual funds to the common school fund. The |
---|
41 | 41 | | court shall appoint a new treasurer for the candidate committee to carry out the |
---|
42 | 42 | | court's dissolution order. |
---|
43 | 43 | | SECTION 2. 12.60 (1m) of the statutes is created to read: |
---|
44 | 44 | | 12.60 (1m) If a candidate for public office is adjudged guilty in a criminal action |
---|
45 | 45 | | of any violation of this chapter under sub. (1) (a) committed during his or her |
---|
46 | 46 | | candidacy, or of any violation of ch. 11 under s. 11.1401 (1) (a) or (b), the court's |
---|
47 | 47 | | judgment shall include an order that the candidate's candidate committee be |
---|
48 | 48 | | terminated in accordance with s. 11.0105 and that, notwithstanding s. 11.0105 (3), |
---|
49 | 49 | | the committee return its residual funds to the donors in an amount not exceeding the |
---|
50 | 50 | | original contribution or donate its residual funds to the common school fund. The |
---|
51 | 51 | | court shall appoint a new treasurer for the candidate committee to carry out the |
---|
52 | 52 | | court's dissolution order. |
---|
53 | 53 | | SECTION 3.0Initial applicability. |
---|
54 | 54 | | (1) This act first applies to an action commenced on the effective date of this |
---|
55 | 55 | | subsection. |
---|
56 | 56 | | (END) |
---|
57 | 57 | | 1 |
---|
58 | 58 | | 2 |
---|
59 | 59 | | 3 |
---|
60 | 60 | | 4 |
---|
61 | 61 | | 5 |
---|
62 | 62 | | 6 |
---|
63 | 63 | | 7 |
---|
64 | 64 | | 8 |
---|
65 | 65 | | 9 |
---|
66 | 66 | | 10 |
---|
67 | 67 | | 11 |
---|
68 | 68 | | 12 |
---|
69 | 69 | | 13 |
---|
70 | 70 | | 14 |
---|
71 | 71 | | 15 |
---|
72 | 72 | | 16 |
---|
73 | 73 | | 17 |
---|
74 | 74 | | 18 |
---|
75 | 75 | | 19 |
---|
76 | 76 | | 20 |
---|
77 | 77 | | 21 |
---|