LRB-5221/1
JK:amn
2021 - 2022 LEGISLATURE
February 15, 2022 - Introduced by Representatives Ramthun and Thiesfeldt.
Referred to Committee on Campaigns and Elections.
AB981,3,17
1An Act to repeal 5.025, 5.05 (1e), 5.05 (2m) (c) 5. a. to c., 5.05 (2m) (d) 1., 5.93,
27.41 (5), 12.01 (2), 15.06 (1) (d), 15.06 (2) (b) 1., 15.06 (3) (a) 5., 15.61, 19.42 (10)
3(a), 19.42 (13) (p), 20.510 (intro.) and (1) (title) and 230.08 (2) (eL);
to renumber
415.06 (2) (b) 2., 20.510 (1) (bm), 20.510 (1) (br), 20.510 (1) (c), 20.510 (1) (d),
520.510 (1) (e), 20.510 (1) (jn), 20.510 (1) (m), 20.510 (1) (t) and 20.510 (1) (x);
to
6renumber and amend 5.05 (2m) (c) 5. (intro.), 5.05 (2m) (d) 2., 20.510 (1) (a),
720.510 (1) (be), 20.510 (1) (g), 20.510 (1) (h) and 20.510 (1) (jm);
to consolidate,
8renumber and amend 12.01 (intro.) and (1); and
to amend 5.01 (4) (a), 5.05
9(title), 5.05 (1) (intro.), 5.05 (1) (b), 5.05 (1) (c), 5.05 (2m) (a), 5.05 (2m) (c) 2., 5.05
10(2m) (c) 4., 5.05 (2m) (c) 6., 5.05 (2m) (c) 7., 5.05 (2m) (c) 9., 5.05 (2m) (c) 10., 5.05
11(2m) (c) 11., 5.05 (2m) (c) 12., 5.05 (2m) (c) 13., 5.05 (2m) (c) 14., 5.05 (2m) (c) 15.,
125.05 (2m) (c) 16., 5.05 (2m) (c) 17., 5.05 (2m) (c) 18., 5.05 (2m) (e), 5.05 (2m) (f)
13(intro.), 5.05 (2m) (f) 1., 5.05 (2m) (f) 2., 5.05 (2m) (h), 5.05 (2m) (i), 5.05 (2m) (k),
145.05 (2q), 5.05 (2w), 5.05 (3d), 5.05 (3g), 5.05 (4), 5.05 (5e), 5.05 (5f), 5.05 (5s)
1(intro.), (a), (am), (b), (bm), (c), (d), (e) (intro.), 1., 2. and (f), 5.05 (5t), 5.05 (6a),
25.05 (7), 5.05 (9), 5.05 (10), 5.05 (11), 5.05 (12), 5.05 (13) (a), 5.05 (13) (b), 5.05
3(13) (c), 5.05 (13) (d) (intro.), 5.05 (14), 5.05 (15), 5.05 (16), 5.05 (17), 5.05 (18),
45.055, 5.056, 5.06 (1), 5.06 (2), 5.06 (4), 5.06 (5), 5.06 (6), 5.06 (7), 5.06 (8), 5.06
5(9), 5.061 (1), 5.061 (2), 5.061 (3), 5.061 (4), 5.25 (4), 5.35 (6) (a) 2m., 5.35 (6) (a)
64a., 5.35 (6) (a) 4b., 5.35 (6) (a) 5., 5.35 (6) (b), 5.40 (5m), 5.40 (7), 5.51 (6), 5.51
7(8), 5.58 (1b) (bm), 5.58 (1b) (cm), 5.58 (2), 5.58 (2m), 5.60 (1) (b), 5.60 (3) (ag),
85.60 (5) (ar), 5.60 (6) (a), 5.60 (8) (am), 5.62 (1) (a), 5.62 (1) (b) 1., 5.62 (2) (a), 5.62
9(3), 5.62 (4) (ar), 5.62 (4) (b), 5.64 (1) (ag), 5.64 (1) (b), 5.64 (1) (es), 5.64 (2), 5.655
10(3), 5.72, 5.83, 5.87 (2), 5.905 (2), 5.905 (3), 5.905 (4), 5.91 (intro.), 5.95, 6.06, 6.22
11(4) (d), 6.22 (6), 6.24 (3), 6.24 (4) (d), 6.24 (5), 6.24 (6), 6.275 (1) (intro.), 6.275
12(1) (f), 6.275 (2), 6.276 (2), 6.276 (3), 6.29 (2) (am), 6.30 (4), 6.30 (5), 6.32, 6.33
13(1), 6.33 (5) (a), 6.33 (5) (b), 6.34 (2m), 6.34 (4), 6.35 (2), 6.36 (1) (a) (intro.), 6.36
14(1) (a) 4., 6.36 (1) (a) 9., 6.36 (1) (am), 6.36 (1) (b) 1. a., 6.36 (1) (b) 1. b., 6.36 (1)
15(bm), 6.36 (1) (bn), 6.36 (1) (d), 6.36 (1) (e), 6.36 (1) (f), 6.36 (2) (a), 6.36 (6), 6.47
16(1) (ag), 6.47 (1) (am) 2., 6.47 (1) (dm), 6.47 (2), 6.47 (3), 6.50 (1) (intro), 6.50 (2),
176.50 (2g), 6.50 (2r) (intro.), 6.50 (2r) (b), 6.50 (2r) (h), 6.50 (7), 6.55 (2) (a) (intro.),
186.55 (2) (cs), 6.55 (3) (b), 6.56 (3), 6.56 (3m), 6.56 (4), 6.56 (7), 6.57, 6.79 (1m),
196.86 (2) (a), 6.86 (2m) (a), 6.86 (3) (a) 1., 6.869, 6.87 (3) (d), 6.875 (5), 6.92 (1),
206.925, 6.95, 6.96, 6.97 (1), 7.03 (1) (a), 7.03 (1) (b), 7.03 (2), 7.08 (intro.), 7.08 (1),
217.08 (2) (a), 7.08 (2) (d), 7.08 (3) (intro.), 7.08 (3) (a), 7.08 (4), 7.08 (6), 7.10 (1)
22(a), 7.10 (2), 7.10 (3) (a), 7.10 (4), 7.10 (7), 7.10 (8), 7.10 (9), 7.10 (10), 7.15 (1) (e),
237.15 (1) (g), 7.15 (1m), 7.15 (8), 7.15 (9), 7.15 (10), 7.15 (13), 7.30 (2) (c), 7.30 (4)
24(e), 7.30 (6) (b), 7.31, 7.315 (1) (a), 7.315 (2), 7.315 (3), 7.38 (5), 7.52 (1) (a), 7.60
25(4) (a), 7.60 (5), 7.70 (1), 7.70 (3) (a), (b), (c), (d), (e), (g), (h) and (i), 7.70 (5), 8.07,
18.10 (6) (a), 8.12 (1), 8.12 (2), 8.12 (3), 8.15 (8) (a), 8.16 (2) (b), 8.16 (7), 8.17 (9)
2(a), 8.17 (12), 8.18 (2), 8.185 (1), 8.185 (2), 8.185 (3), 8.19 (1), 8.19 (3), 8.20 (7),
38.30 (2m), 8.40 (3), 8.50 (1) (a), 8.50 (1) (b), 8.50 (1) (d), 8.50 (3) (e), 9.01 (1) (a)
41., 9.01 (1) (a) 4., 9.01 (1) (ag) 2., 9.01 (1) (ag) 4., 9.01 (1) (ar) 2., 9.01 (1) (ar) 3.,
59.01 (5) (a), 9.01 (5) (bm), 9.01 (5) (c), 9.01 (6) (a), 9.01 (7) (a), 9.01 (8) (a), 9.01
6(8) (c), 9.01 (8) (d), 9.01 (10), 10.01 (1), 10.01 (2) (intro), 10.02 (1), 10.02 (2) (c),
710.02 (3) (intro.), 10.06 (1), 10.06 (2) (a), 10.06 (2) (b), 10.06 (2) (e), 10.06 (2) (h),
810.06 (2) (k), 12.13 (5) (a), 12.13 (5) (b) (intro.), 12.13 (5) (b) 3., 13.123 (3) (b) 2.,
913.23, 14.38 (10m), 15.01 (2), 15.06 (5), 15.06 (6), 15.06 (10), 16.79 (2), 16.96 (3)
10(b), 17.17 (1), 17.17 (4), 19.43 (4), 19.85 (1) (h), 19.851 (title), 19.851 (1), 20.505
11(1) (d), 20.575 (1) (g), 20.575 (1) (ka), 38.16 (3) (br) 3., 49.165 (4) (a), 59.605 (3)
12(a) 3., 67.05 (3) (b), 67.05 (6), 85.61 (1), 117.20 (2), 117.27 (2) (b) (intro.), 121.91
13(3) (c), 165.93 (4) (a), 198.08 (10), 200.09 (11) (am) 2., 200.09 (11) (am) 3., 227.03
14(6), 227.52 (6), 301.03 (20m), 342.06 (1) (eg), 343.027, 343.11 (2m), 343.14 (2j),
15343.50 (8) (c) 3., 756.04 (2) (c) 1., 778.135, 978.05 (1) and 978.05 (2) of the
16statutes;
relating to: dissolving the Elections Commission and requiring the
17secretary of state to administer elections.
Analysis by the Legislative Reference Bureau
This bill dissolves the Elections Commission and requires the secretary of state
to assume the duties of the commission, effective June 30, 2023. Under the bill, the
administrator of the commission must work with the secretary of state to ensure a
smooth transition from the commission to the office of the secretary of state and to
formulate an implementation plan. Under the bill, all assets, liabilities, and tangible
personal property of the commission are transferred to secretary of state. In
addition, all incumbent employees holding positions at the commission on the bill's
effective date, other than the administrator, are transferred to the office of the
secretary of state. The bill also requires the secretary of state, upon assuming the
duties of the Elections Commission, to implement the recommendations contained
in the Legislative Audit Bureau's Report 21-19 regarding the past performance of
the commission related to elections held in 2020. The secretary must report the
progress in implementing those recommendations to the legislature no later than
December 31, 2023.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB981,1
1Section
1. 5.01 (4) (a) of the statutes is amended to read:
AB981,4,82
5.01
(4) (a) If 2 or more candidates for the same office receive the greatest, but
3an equal number of votes, the winner shall be chosen by lot in the presence of the
4board of canvassers charged with the responsibility to determine the election, or in
5the case of an election for state or national office or metropolitan sewerage
6commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the
7presence of the
chairperson of the elections commission secretary of state or the
8chairperson's secretary's designee.
AB981,2
9Section
2. 5.025 of the statutes is repealed.
AB981,3
10Section
3. 5.05 (title) of the statutes is amended to read:
AB981,4,11
115.05 (title)
Elections commission Secretary of state; powers and duties.
AB981,4
12Section
4. 5.05 (1) (intro.) of the statutes is amended to read:
AB981,4,1713
5.05
(1) General authority. (intro.) The
elections commission secretary of
14state shall have the responsibility for the administration of chs. 5 to 10 and 12 and
15other laws relating to elections and election campaigns, other than laws relating to
16campaign financing. Pursuant to such responsibility, the
commission secretary of
17state and the office of the secretary of state may:
AB981,5
18Section
5. 5.05 (1) (b) of the statutes is amended to read:
AB981,5,8
15.05
(1) (b) In the discharge of
its the duties
of the secretary of state and after
2providing notice to any party who is the subject of an investigation, subpoena and
3bring before
it the secretary any person and require the production of any papers,
4books, or other records relevant to an investigation.
Notwithstanding s. 885.01 (4),
5the issuance of a subpoena requires action by the commission at a meeting of the
6commission. In the discharge of
its his or her duties, the
commission secretary may
7cause the deposition of witnesses to be taken in the manner prescribed for taking
8depositions in civil actions in circuit court.
AB981,6
9Section
6. 5.05 (1) (c) of the statutes is amended to read:
AB981,6,1010
5.05
(1) (c) Bring civil actions to require a forfeiture for any violation of chs. 5
11to 10 or 12. The
commission secretary of state may compromise and settle any civil
12action or potential action brought or authorized to be brought by
it the secretary 13which, in
the his or her opinion
of the commission, constitutes a minor violation, a
14violation caused by excusable neglect, or which for other good cause shown, should
15not in the public interest be prosecuted under such chapter. Notwithstanding s.
16778.06, a civil action or proposed civil action authorized under this paragraph may
17be settled for such sum as may be agreed between the parties. Any settlement made
18by the
commission secretary shall be in such amount as to deprive the alleged
19violator of any benefit of his or her wrongdoing and may contain a penal component
20to serve as a deterrent to future violations. In settling civil actions or proposed civil
21actions, the
commission secretary shall treat comparable situations in a comparable
22manner and shall assure that any settlement bears a reasonable relationship to the
23severity of the offense or alleged offense. Except as otherwise provided in sub. (2m)
24(c) 15. and 16. and ss. 5.08 and 5.081, forfeiture actions brought by the
commission 25secretary shall be brought in the circuit court for the county where the defendant
1resides, or if the defendant is a nonresident of this state, in circuit court for the county
2wherein the violation is alleged to occur. For purposes of this paragraph, a person
3other than an individual resides within a county if the person's principal place of
4operation is located within that county. Whenever the
commission secretary enters
5into a settlement agreement with an individual who is accused of a civil violation of
6chs. 5 to 10 or 12 or who is investigated by the
commission office of the secretary of
7state for a possible civil violation of one of those provisions, the
commission secretary 8shall reduce the agreement to writing, together with a statement of the
commission's 9secretary's findings and reasons for entering into the agreement and shall retain the
10agreement and statement in
its the office
of the secretary of state for inspection.
AB981,7
11Section
7. 5.05 (1e) of the statutes is repealed.
AB981,8
12Section
8. 5.05 (2m) (a) of the statutes is amended to read:
AB981,7,213
5.05
(2m) (a) The
commission
office of the secretary of state shall investigate
14violations of laws administered by the
commission
secretary and may prosecute
15alleged civil violations of those laws, directly or through its agents under this
16subsection, pursuant to all statutes granting or assigning that authority or
17responsibility to the
commission secretary. Prosecution of alleged criminal
18violations investigated by the
commission office of the secretary of state may be
19brought only as provided in par. (c) 11., 14., 15., and 16. and s. 978.05 (1). For
20purposes of this subsection, the
commission
office of the secretary of state may only
21initiate an investigation of an alleged violation of chs. 5 to 10 and 12, other than an
22offense described under par. (c) 12., based on a sworn complaint filed with the
23commission secretary of state, as provided under par. (c). Neither the
commission 24secretary of state nor any
member or employee of the
commission, including the
1commission administrator, office of the secretary of state may file a sworn complaint
2for purposes of this subsection.
AB981,9
3Section
9. 5.05 (2m) (c) 2. of the statutes is amended to read:
AB981,7,144
5.05
(2m) (c) 2. a. Any person may file a complaint with the
commission 5secretary of state alleging a violation of chs. 5 to 10 or 12. No later than 5 days after
6receiving a complaint, the
commission secretary shall notify each person who or
7which the complaint alleges committed such a violation.
Before voting on whether
8to take any action regarding the complaint, other than to dismiss, the commission 9The secretary shall give each person receiving a notice under this subd. 2. a. an
10opportunity to demonstrate to the
commission
secretary, in writing and within 15
11days after receiving the notice, that the
commission secretary should take no action
12against the person on the basis of the complaint. The
commission office of the
13secretary of state may not conduct any investigation or take any other action under
14this subsection solely on the basis of a complaint by an unidentified complainant.
AB981,7,1815
am. If the
commission office of the secretary of state finds, by a preponderance
16of the evidence, that a complaint is frivolous, the
commission secretary of state may
17order the complainant to forfeit not more than the greater of $500 or the expenses
18incurred by the
commission office in investigating the complaint.
AB981,10
19Section
10. 5.05 (2m) (c) 4. of the statutes is amended to read:
AB981,8,2020
5.05
(2m) (c) 4. If the
commission office of the secretary of state reviews a
21complaint and fails to find that there is a reasonable suspicion that a violation under
22subd. 2. has occurred or is occurring, the
commission secretary of state shall dismiss
23the complaint. If the
commission office believes that there is reasonable suspicion
24that a violation under subd. 2. has occurred or is occurring, the
commission secretary 25may by resolution authorize the commencement of an investigation. The resolution
1shall specifically set forth any matter that is authorized to be investigated. To assist
2in the investigation, the
commission secretary may elect to retain a special
3investigator.
If the commission elects to retain a special investigator, the
4administrator of the commission shall submit to the commission the names of 3
5qualified individuals to serve as a special investigator. The commission may retain
6one or more of the individuals. If the
commission secretary retains a special
7investigator to investigate a complaint against a person who is a resident of this
8state, the
commission secretary shall provide to the district attorney for the county
9in which the person resides a copy of the complaint and shall notify the district
10attorney that
it he or she has retained a special investigator to investigate the
11complaint. For purposes of this subdivision, a person other than an individual
12resides within a county if the person's principal place of operation is located within
13that county. The
commission secretary shall enter into a written contract with any
14individual who is retained as a special investigator setting forth the terms of the
15engagement. A special investigator who is retained by the
commission secretary may
16request the
commission secretary to issue a subpoena to a specific person or to
17authorize the special investigator to request the circuit court of the county in which
18the specific person resides to issue a search warrant.
The commission may grant the
19request by approving a motion to that effect at a meeting of the commission if the
20commission finds that such action is legally appropriate.
AB981,11
21Section
11. 5.05 (2m) (c) 5. (intro.) of the statutes is renumbered 5.05 (2m) (c)
225. and amended to read:
AB981,9,1823
5.05
(2m) (c) 5.
Each special investigator who is retained by the commission
24shall make periodic reports to the commission, as directed by the commission, but in
25no case may the interval for reporting exceed 30 days. If the commission authorizes
1the commission administrator to investigate any matter without retaining a special
2investigator, the administrator shall make periodic reports to the commission, as
3directed by the commission, but in no case may the reporting interval exceed 30 days. 4During the pendency of any investigation, the
commission office of the secretary of
5state shall
meet for the purpose of reviewing
review the progress of the investigation
6at least once every 90 days. The special investigator
or the administrator shall report
7in person to the
commission office and the secretary at that meeting concerning the
8progress of the investigation.
If, after receiving a report, the commission does not
9vote to continue an investigation for an additional period not exceeding 90 days, the
10investigation is terminated at the end of the reporting interval. The
commission 11office of the secretary of state shall not expend more than $25,000 to finance the cost
12of an investigation before receiving a report on the progress of the investigation and
13a recommendation to commit additional resources. The
commission secretary of
14state may
vote to terminate an investigation at any time. If an investigation is
15terminated, any complaint from which the investigation arose is deemed to be
16dismissed by the
commission. Unless an investigation is terminated by the
17commission, at the conclusion of each investigation, the administrator shall present
18to the commission one of the following: secretary.
AB981,12
19Section
12. 5.05 (2m) (c) 5. a. to c. of the statutes are repealed.
AB981,13
20Section
13. 5.05 (2m) (c) 6. of the statutes is amended to read:
AB981,9,2521
5.05
(2m) (c) 6. a. If the
commission office of the secretary of state finds that
22there is probable cause to believe that a violation under subd. 2. has occurred or is
23occurring, the
commission secretary of state may
authorize the commission
24administrator to file a civil complaint against the alleged violator. In such case, the
25administrator secretary may request the assistance of special counsel to prosecute
1any action brought by the
commission. If the administrator requests the assistance
2of special counsel with respect to any matter, the administrator shall submit to the
3commission the names of 3 qualified individuals to serve as special counsel. The
4commission may retain one of the individuals to act as special counsel office. The
5staff of the commission office of the secretary of state shall provide assistance to the
6special counsel as may be required by the counsel to carry out his or her
7responsibilities.
AB981,10,148
b. The
commission secretary of state shall enter into a written contract with
9any individual who is retained as special counsel setting forth the terms of the
10engagement. The contract shall set forth the compensation to be paid such counsel
11by the state. The contract shall be executed on behalf of the state
by the commission
12and
the commission shall file the contract
kept in the office of the secretary of state.
13The compensation shall be charged to the appropriation under s.
20.510 (1) 20.575
14(2) (br).
AB981,14
15Section
14. 5.05 (2m) (c) 7. of the statutes is amended to read:
AB981,10,1816
5.05
(2m) (c) 7. No individual who is appointed or retained by the
commission 17secretary of state to serve as special counsel or as a special investigator is subject to
18approval under s. 20.930.
AB981,15
19Section
15. 5.05 (2m) (c) 9. of the statutes is amended to read:
AB981,11,320
5.05
(2m) (c) 9. At the conclusion of its investigation, the
commission office of
21the secretary of state shall, in preliminary written findings of fact and conclusions
22based thereon, make a determination of whether or not probable cause exists to
23believe that a violation under subd. 2. has occurred or is occurring. If the
commission 24office determines that no probable cause exists,
it the secretary of state shall dismiss
25the complaint. Whenever the
commission secretary dismisses a complaint or a
1complaint is deemed to be dismissed under subd. 5., the
commission office shall
2immediately send written notice of the dismissal to the accused and to the party who
3made the complaint.
AB981,16
4Section
16. 5.05 (2m) (c) 10. of the statutes is amended to read:
AB981,11,65
5.05
(2m) (c) 10. The
commission office of the secretary of state shall inform the
6accused or his or her counsel of exculpatory evidence in its possession.
AB981,17
7Section
17. 5.05 (2m) (c) 11. of the statutes is amended to read:
AB981,11,168
5.05
(2m) (c) 11. If the
commission office of the secretary of state finds that
9there is probable cause to believe that a violation under subd. 2. has occurred or is
10occurring, the
commission secretary of state may, in lieu of civil prosecution of any
11matter by the
commission office, refer the matter to the district attorney for the
12county in which the alleged violator resides, or if the alleged violator is a nonresident,
13to the district attorney for the county where the matter arises, or if par. (i) applies,
14to the attorney general or a special prosecutor. For purposes of this subdivision, a
15person other than a natural person resides within a county if the person's principal
16place of operation is located within that county.
AB981,18
17Section
18. 5.05 (2m) (c) 12. of the statutes is amended to read:
AB981,11,2418
5.05
(2m) (c) 12. The
commission office of the secretary of state shall
, by rule, 19prescribe categories of civil offenses which the
commission secretary of state will
20agree to compromise and settle without a formal investigation upon payment of
21specified amounts by the alleged offender.
The commission may authorize the
22commission administrator to compromise and settle such alleged offenses in the
23name of the commission if the alleged offenses by an offender, in the aggregate, do
24not involve payment of more than $2,500.
AB981,19
25Section
19. 5.05 (2m) (c) 13. of the statutes is amended to read:
AB981,12,10
15.05
(2m) (c) 13. If a special investigator
or the commission administrator, in
2the course of an investigation authorized by the
commission secretary of state,
3discovers evidence that a violation under subd. 2. that was not within the scope of
4the authorized investigation has occurred or is occurring, the special investigator
or
5the administrator may present that evidence to the
commission secretary. If the
6commission secretary finds that there is a reasonable suspicion that a violation
7under subd. 2. that is not within the scope of the authorized investigation has
8occurred or is occurring, the
commission secretary may authorize the special
9investigator
or the administrator to investigate the alleged violation or may elect to
10authorize a separate investigation of the alleged violation as provided in subd. 4.
AB981,20
11Section
20. 5.05 (2m) (c) 14. of the statutes is amended to read:
AB981,12,2112
5.05
(2m) (c) 14. If a special investigator
or the commission administrator, in
13the course of an investigation authorized by the
commission secretary of state,
14discovers evidence of a potential violation of a law that is not administered by the
15commission office of the secretary of state arising from or in relation to the official
16functions of the subject of the investigation or any matter that involves elections, the
17special investigator
or the administrator may present that evidence to the
18commission secretary. The
commission secretary may thereupon refer the matter to
19the appropriate district attorney specified in subd. 11. or may refer the matter to the
20attorney general. The attorney general may then commence a civil or criminal
21prosecution relating to the matter.
AB981,21
22Section
21. 5.05 (2m) (c) 15. of the statutes is amended to read:
AB981,13,1223
5.05
(2m) (c) 15. Except as provided in subd. 17., if the
commission secretary
24of state refers a matter to the district attorney specified in subd. 11. for prosecution
25of a potential violation under subd. 2. or 14. and the district attorney informs the
1commission secretary that he or she declines to prosecute any alleged civil or
2criminal violation related to any matter referred to the district attorney by the
3commission secretary, or the district attorney fails to commence a prosecution of any
4civil or criminal violation related to any matter referred to the district attorney by
5the
commission secretary within 60 days of the date of the
commission's referral, the
6commission secretary may refer the matter to the district attorney for another
7prosecutorial unit that is contiguous to the prosecutorial unit of the district attorney
8to whom the matter was originally referred.
If there is more than one such
9prosecutorial unit, the chairperson of the commission shall determine the district
10attorney to whom the matter shall be referred by publicly drawing lots at a meeting
11of the commission. The district attorney may then commence a civil or criminal
12prosecution relating to the matter.
AB981,22
13Section
22. 5.05 (2m) (c) 16. of the statutes is amended to read:
AB981,13,2314
5.05
(2m) (c) 16. Except as provided in subd. 17., if the
commission secretary
15of state refers a matter to a district attorney under subd. 15. for prosecution of a
16potential violation under subd. 2. or 14. and the district attorney informs the
17commission secretary that he or she declines to prosecute any alleged civil or
18criminal violation related to any matter referred to the district attorney by the
19commission secretary, or the district attorney fails to commence a prosecution of any
20civil or criminal violation related to any matter referred to the district attorney by
21the
commission secretary within 60 days of the date of the
commission's referral, the
22commission secretary may refer the matter to the attorney general. The attorney
23general may then commence a civil or criminal prosecution relating to the matter.
AB981,23
24Section
23. 5.05 (2m) (c) 17. of the statutes is amended to read:
AB981,14,3
15.05
(2m) (c) 17. The
commission secretary of state is not authorized to act
2under subd. 15. or 16. if a special prosecutor is appointed under s. 978.045 in lieu of
3the district attorney specified in subd. 11.
AB981,24
4Section
24. 5.05 (2m) (c) 18. of the statutes is amended to read: