Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB334 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 334
55 June 14, 2023 - Introduced by Senators KNODL, SPREITZER and TAYLOR, cosponsored
66 by Representatives ORTIZ-VELEZ, SORTWELL, CABRERA, MYERS, JOERS, MURPHY,
77 SINICKI, OHNSTAD and GUSTAFSON. Referred to Committee on Shared Revenue,
88 Elections and Consumer Protection.
99 AN ACT to create 11.1401 (2m) and 12.60 (1m) of the statutes; relating to:
1010 judgments concerning a candidate's felony violation of certain campaign
1111 finance or election fraud laws.
1212 Analysis by the Legislative Reference Bureau
1313 Under current law, a candidate for public office who commits certain campaign
1414 finance or election fraud violations is guilty of a Class I felony, the penalty for which
1515 is a fine not to exceed $10,000 or imprisonment not to exceed three years and six
1616 months, or both. Under this bill, if a candidate is adjudged guilty of such a felony in
1717 a criminal proceeding, the court's judgment in the matter must include an order that
1818 the candidate's candidate committee be dissolved in accordance with current law and
1919 that the candidate return unencumbered campaign funds to the donors in amounts
2020 not exceeding the original contributions or donate those funds to the common school
2121 fund. Additionally, the bill requires the court to appoint a new treasurer for the
2222 candidate committee to carry out the court's dissolution order.
2323 The people of the state of Wisconsin, represented in senate and assembly, do
2424 enact as follows:
2525 SECTION 1. 11.1401 (2m) of the statutes is created to read:
2626 11.1401 (2m) If a candidate for public office is adjudged guilty in a criminal
2727 action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of
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3535 SECTION 1 SENATE BILL 334
3636 ch. 12 under s. 12.60 (1) (a) committed during his or her candidacy, the court's
3737 judgment shall include an order that the candidate's candidate committee be
3838 terminated in accordance with s. 11.0105 and that, notwithstanding s. 11.0105 (3),
3939 the committee return its residual funds to the donors in an amount not exceeding the
4040 original contribution or donate its residual funds to the common school fund. The
4141 court shall appoint a new treasurer for the candidate committee to carry out the
4242 court's dissolution order.
4343 SECTION 2. 12.60 (1m) of the statutes is created to read:
4444 12.60 (1m) If a candidate for public office is adjudged guilty in a criminal action
4545 of any violation of this chapter under sub. (1) (a) committed during his or her
4646 candidacy, or of any violation of ch. 11 under s. 11.1401 (1) (a) or (b), the court's
4747 judgment shall include an order that the candidate's candidate committee be
4848 terminated in accordance with s. 11.0105 and that, notwithstanding s. 11.0105 (3),
4949 the committee return its residual funds to the donors in an amount not exceeding the
5050 original contribution or donate its residual funds to the common school fund. The
5151 court shall appoint a new treasurer for the candidate committee to carry out the
5252 court's dissolution order.
5353 SECTION 3.0Initial applicability.
5454 (1) This act first applies to an action commenced on the effective date of this
5555 subsection.
5656 (END)
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