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