AB899,,45455.05 (2m) (c) 15. Except as provided in subd. 17., if the commission secretary of state refers a matter to the district attorney specified in subd. 11. for prosecution of a potential violation under subd. 2. or 14. and the district attorney informs the commission secretary that he or she declines to prosecute any alleged civil or criminal violation related to any matter referred to the district attorney by the commission secretary, or the district attorney fails to commence a prosecution of any civil or criminal violation related to any matter referred to the district attorney by the commission secretary within 60 days of the date of the commission’s referral, the commission secretary may refer the matter to the district attorney for another prosecutorial unit that is contiguous to the prosecutorial unit of the district attorney to whom the matter was originally referred. If there is more than one such prosecutorial unit, the chairperson of the commission shall determine the district attorney to whom the matter shall be referred by publicly drawing lots at a meeting of the commission. The district attorney may then commence a civil or criminal prosecution relating to the matter.
AB899,2246Section 22. 5.05 (2m) (c) 16. of the statutes is amended to read:
AB899,,47475.05 (2m) (c) 16. Except as provided in subd. 17., if the commission secretary of state refers a matter to a district attorney under subd. 15. for prosecution of a potential violation under subd. 2. or 14. and the district attorney informs the commission secretary that he or she declines to prosecute any alleged civil or criminal violation related to any matter referred to the district attorney by the commission secretary, or the district attorney fails to commence a prosecution of any civil or criminal violation related to any matter referred to the district attorney by the commission secretary within 60 days of the date of the commission’s referral, the commission secretary may refer the matter to the attorney general. The attorney general may then commence a civil or criminal prosecution relating to the matter.
AB899,2348Section 23. 5.05 (2m) (c) 17. of the statutes is amended to read:
AB899,,49495.05 (2m) (c) 17. The commission secretary of state is not authorized to act under subd. 15. or 16. if a special prosecutor is appointed under s. 978.045 in lieu of the district attorney specified in subd. 11.
AB899,2450Section 24. 5.05 (2m) (c) 18. of the statutes is amended to read:
AB899,,51515.05 (2m) (c) 18. Whenever the commission secretary of state refers a matter to special counsel or to a district attorney or to the attorney general under this subsection, the special counsel, district attorney, or attorney general shall report to the commission secretary of state concerning any action taken regarding the matter. The report shall be transmitted no later than 40 days after the date of the referral. If the matter is not disposed of during that period, the special counsel, district attorney, or attorney general shall file a subsequent report at the end of each 30-day period following the filing of the initial report until final disposition of the matter.
AB899,2552Section 25. 5.05 (2m) (d) 1. of the statutes is repealed.
AB899,2653Section 26. 5.05 (2m) (d) 2. of the statutes is renumbered 5.05 (2m) (d) and amended to read:
AB899,,54545.05 (2m) (d) No employee of the commission office of the secretary of state, while so employed, may become a candidate, as defined in s. 11.0101 (1), for a state or partisan local office. No individual who is retained by the commission office of the secretary of state to serve as a special investigator or as special counsel may, while so retained, become a candidate, as defined in s. 11.0101 (1), for any state or local office. A filing officer shall decline to accept nomination papers or a declaration of candidacy from any individual who does not qualify to become a candidate under this paragraph.
AB899,2755Section 27. 5.05 (2m) (e) of the statutes is amended to read:
AB899,,56565.05 (2m) (e) No individual who serves as an employee of the commission office of the secretary of state and no individual who is retained by the commission office of the secretary of state to serve as a special investigator or a special counsel may, while so employed or retained, make a contribution to a candidate for state or local office. No individual who serves as an employee of the commission office of the secretary of state and no individual who is retained by the commission office of the secretary of state to serve as a special investigator or as special counsel, for 12 months prior to becoming so employed or retained, may have made a contribution to a candidate for a partisan state or local office. In this paragraph, contribution has the meaning given in s. 11.0101 (8).
AB899,2857Section 28. 5.05 (2m) (f) (intro.) of the statutes is amended to read:
AB899,,58585.05 (2m) (f) (intro.) Pursuant to any investigation authorized under par. (c), the commission secretary of state has the power:
AB899,2959Section 29. 5.05 (2m) (f) 1. of the statutes is amended to read:
AB899,,60605.05 (2m) (f) 1. To require any person to submit in writing such reports and answers to questions relevant to the proceedings as the commission office of the secretary of state may prescribe, such submission to be made within such period and under oath or otherwise as the commission office may determine.
AB899,3061Section 30. 5.05 (2m) (f) 2. of the statutes is amended to read:
AB899,,62625.05 (2m) (f) 2. To order testimony to be taken by deposition before any individual who is designated by the commission secretary of state and has the power to administer oaths, and, in such instances, to compel testimony and the production of evidence in the same manner as authorized by sub. (1) (b).
AB899,3163Section 31. 5.05 (2m) (h) of the statutes is amended to read:
AB899,,64645.05 (2m) (h) If the defendant in an action for a civil violation of chs. 5 to 10 or 12 is a district attorney or a circuit judge or a candidate for either such office, the action shall be brought by the commission secretary of state. If the defendant in an action for a civil violation of chs. 5 to 10 or 12 is the attorney general or a candidate for that office, the commission secretary of state may appoint special counsel to bring suit on behalf of the state.
AB899,3265Section 32. 5.05 (2m) (i) of the statutes is amended to read:
AB899,,66665.05 (2m) (i) If the defendant in an action for a criminal violation of chs. 5 to 10 or 12 is a district attorney or a circuit judge or a candidate for either such office, the action shall be brought by the attorney general. If the defendant in an action for a criminal violation of chs. 5 to 10 or 12 is the attorney general or a candidate for that office, the commission secretary of state may appoint a special prosecutor to conduct the prosecution on behalf of the state.
AB899,3367Section 33. 5.05 (2m) (k) of the statutes is amended to read:
AB899,,68685.05 (2m) (k) The commission’s power of the secretary of state to initiate civil actions under this subsection for the enforcement of chs. 5 to 10 or 12 shall be the exclusive remedy for alleged civil violations of chs. 5 to 10 or 12.
AB899,3469Section 34. 5.05 (2q) of the statutes is amended to read:
AB899,,70705.05 (2q) Supplemental funding for ongoing investigations. The commission secretary of state may request supplemental funds to be credited to the appropriation account under s. 20.510 (1) 20.575 (2) (be) for the purpose of continuing an ongoing investigation initiated under sub. (2m). A request under this subsection shall be filed with the secretary of administration and the cochairpersons of the joint committee on finance in writing and shall contain a statement of the action requested, the purposes therefor, the statutory provision authorizing or directing the performance of the action, and information about the nature of the investigation for which the commission secretary of state seeks supplemental funds, excluding the name of any individual or organization that is the subject of the investigation. If the cochairpersons of the joint committee on finance do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the request within 14 working days after the commission secretary of state filed the request, the secretary of administration shall supplement the appropriation under s. 20.510 (1) 20.575 (2) (be) from the appropriation under s. 20.505 (1) (d) in an amount not to exceed the amount the commission secretary of state requested. If, within 14 working days after the commission secretary of state filed the request, the cochairpersons of the joint committee on finance notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the commission’s secretary of state’s request under this subsection, the secretary of administration may supplement the appropriation under s. 20.510 (1) 20.575 (2) (be) only with the committee’s approval. The committee and the secretary of administration shall notify the commission secretary of state of all their actions taken under this subsection.
AB899,3571Section 35. 5.05 (2w) of the statutes is amended to read:
AB899,,72725.05 (2w) Elections commission Secretary of state. The elections commission secretary of state has the responsibility for the administration of chs. 5 to 10 and 12.
AB899,3673Section 36. 5.05 (3d) of the statutes is amended to read: