AB760: Bill Text

AB760,,123 (c) The second candidate committee may only transfer funds to the first candidate committee when the second candidate committee is terminating pursuant to s. 11.0105. Such a transfer is considered a contribution from the original contributor to the second candidate committee and is subject to the contribution limits under s. 11.1101 that apply to contributions from the original contributor for contributions made to the first candidate committee.

AB760,,124 (2) (a) For a contribution under sub. (1) (b) 1., the first candidate committee shall report the contribution to the second candidate committee as a disbursement to the second candidate committee and the second candidate committee shall report receiving the contribution from the first candidate committee.

AB760,,125 (b) The candidate committees shall report a transfer under sub. (1) (b) 2. as follows:

AB760,,126 1. The first candidate committee shall report receiving the contribution from the original contributor.

AB760,,127 2. The first candidate committee shall report transferring the contribution as a disbursement to the second candidate committee.

AB760,,128 3. The second candidate committee shall report receiving the contribution as if it came from the original contributor.

AB760,,129 (c) With regard to a transfer under sub. (1) (c), the second candidate committee shall report receiving the contribution from the original contributor and report transferring the funds to the first candidate committee as a disbursement. The first candidate committee shall report receiving the contribution as if it came from the original contributor.

AB760,,130 (d) A candidate committee making a transfer as provided under this section may report the transfer as one lump sum contribution if the candidate committee provides the receiving committee a list of the contributors, all required information about those contributors, and the amount attributable to each contributor that is being transferred to the receiving committee. The transferring candidate committee shall attach the documentation described in this paragraph to its next campaign finance report.

AB760,51 Section 51. 11.1305 of the statutes is created to read:

AB760,,132 11.1305 Administrative termination and suspension. (1) A filing officer may terminate any registrant under this chapter that has been exempt for more than 3 years from filing campaign reports pursuant to s. 11.0104.

AB760,,133 (2) (a) The commission may suspend any registrant for not complying with the requirements of this chapter. Prior to suspending the registrant, the commission shall make at least 3 attempts to notify the registrant of the potential violations. The commission shall send the final notice to the registrant by certified mail to the last address on file for the registrant, unless a more recent address is obtained from another government agency, a public record, or a reasonably diligent Internet search. If the final notice is returned undeliverable or the registrant does not respond within 30 days after the commission sends the notice, the commission may suspend the registrant and block the registrant’s access to the campaign finance website for registration and reporting.

AB760,,134 (b) If a registrant does not respond to a communication from the commission requiring a response from the registrant within 180 days of receipt of the communication, the commission may suspend the registrant for failing to timely respond. Prior to suspending the registrant, the commission shall make at least 3 attempts to notify the registrant of the potential violations. The commission shall send the final notice to the registrant by certified mail to the last address on file for the registrant, unless a more recent address is obtained from another government agency, a public record, or a reasonably diligent Internet search. If the final notice is returned undeliverable or the registrant does not respond within 30 days after the commission sends the notice, the commission may suspend the registrant and block the registrant’s access to the campaign finance website for registration and reporting.

AB760,,135 (3) The commission may not reinstate a registrant suspended as provided under sub. (2) until the registrant has communicated with the commission and has filed an amended registration statement that includes all the information that the commission requires.

AB760,,136 (4) A registrant that is suspended as provided under sub. (2) may not file a termination report under s. 11.0105 until it is reinstated as provided under sub. (3).

AB760,,137 (5) If a registrant is suspended as provided under sub. (2), the statute of limitations under s. 893.93 (1m) for any potential violation committed within 3 years prior to the date of the suspension is tolled. The commission or a district attorney may commence an action to enforce such violations at any time during the 12-month period following the date of reinstatement.

AB760,52 Section 52. 13.62 (12t) of the statutes is created to read:

AB760,,139 13.62 (12t) “Special election” means an election other than a spring primary, spring election, partisan primary, or general election that is called to fill a vacancy in a state office, as defined in s. 5.02 (23). “Special election” includes an election to fill a vacancy in a state office, as defined in s. 5.02 (23), that is being conducted concurrently with a spring primary, spring election, partisan primary, or general election.

AB760,53 Section 53. 19.55 (2) (e) of the statutes is created to read:

AB760,,141 19.55 (2) (e) Except as authorized in sub. (5), records created in the course of conducting an audit to identify a potential violation of this subchapter, ch. 11, or subch. III of ch. 13.

AB760,54 Section 54. 19.55 (3) (e) 5. and 6. of the statutes are created to read:

AB760,,143 19.55 (3) (e) 5. Any record of the action of the commission issuing a warning.

AB760,,144 6. Any record of the action of the commission that indicates that, upon a finding of a reasonable suspicion of a violation or probable cause to believe that a violation has occurred or occurring, the commission decided to take no further action.

AB760,55 Section 55. 19.55 (5) of the statutes is created to read:

AB760,,146 19.55 (5) The following audit records of the commission are open to public inspection and copying under s. 19.35 (1):

AB760,,147 (a) Any record containing a finding that there is no reasonable suspicion that a violation of the law occurred.

AB760,,148 (b) Any record containing a finding that no probable cause exists to believe that a violation of the law occurred.

AB760,,149 (c) Any record of an action of the commission that indicates that, upon a finding of a reasonable suspicion of a violation or probable cause to believe that a violation has occurred or occurring, the commission decided to take no further action.

AB760,,150 (d) Any record of an action of the commission issuing a warning.

AB760,,151 (e) Any record of an action of the commission authorizing the filing of a civil complaint.

AB760,,152 (f) Any record of an action of the commission referring a matter to a district attorney or other prosecutor for investigation or prosecution.

AB760,56 Section 56. 19.851 (3) of the statutes is created to read:

AB760,,154 19.851 (3) The commission shall convene in closed session for any of the following purposes:

AB760,,155 (a) To consider whether there is a reasonable suspicion or probable cause to believe that a violation of the law occurred or is occurring based on a complaint and, if received, a response to that complaint.

AB760,,156 (b) To receive reports concerning audit findings and consider whether there is a reasonable suspicion or probable cause to believe that a violation of the law occurred or is occurring.

AB760,,157 (end)