AB981,26
14Section
26. 5.05 (2m) (d) 2. of the statutes is renumbered 5.05 (2m) (d) and
15amended to read:
AB981,14,2316
5.05
(2m) (d) No employee of the
commission office of the secretary of state,
17while so employed, may become a candidate, as defined in s. 11.0101 (1), for a state
18or partisan local office. No individual who is retained by the
commission office of the
19secretary of state to serve as a special investigator or as special counsel may, while
20so retained, become a candidate, as defined in s. 11.0101 (1), for any state or local
21office. A filing officer shall decline to accept nomination papers or a declaration of
22candidacy from any individual who does not qualify to become a candidate under this
23paragraph.
AB981,27
24Section
27. 5.05 (2m) (e) of the statutes is amended to read:
AB981,15,10
15.05
(2m) (e) No individual who serves as an employee of the
commission office
2of the secretary of state and no individual who is retained by the
commission office
3of the secretary of state to serve as a special investigator or a special counsel may,
4while so employed or retained, make a contribution to a candidate for state or local
5office. No individual who serves as an employee of the
commission office of the
6secretary of state and no individual who is retained by the
commission office of the
7secretary of state to serve as a special investigator or as special counsel, for 12
8months prior to becoming so employed or retained, may have made a contribution to
9a candidate for a partisan state or local office. In this paragraph, contribution has
10the meaning given in s. 11.0101 (8).
AB981,28
11Section
28. 5.05 (2m) (f) (intro.) of the statutes is amended to read:
AB981,15,1312
5.05
(2m) (f) (intro.) Pursuant to any investigation authorized under par. (c),
13the
commission secretary of state has the power:
AB981,29
14Section
29. 5.05 (2m) (f) 1. of the statutes is amended to read:
AB981,15,1815
5.05
(2m) (f) 1. To require any person to submit in writing such reports and
16answers to questions relevant to the proceedings as the
commission office of the
17secretary of state may prescribe, such submission to be made within such period and
18under oath or otherwise as the
commission office may determine.
AB981,30
19Section
30. 5.05 (2m) (f) 2. of the statutes is amended to read:
AB981,15,2320
5.05
(2m) (f) 2. To order testimony to be taken by deposition before any
21individual who is designated by the
commission
secretary of state and has the power
22to administer oaths, and, in such instances, to compel testimony and the production
23of evidence in the same manner as authorized by sub. (1) (b).
AB981,31
24Section
31. 5.05 (2m) (h) of the statutes is amended to read:
AB981,16,6
15.05
(2m) (h) If the defendant in an action for a civil violation of chs. 5 to 10 or
212 is a district attorney or a circuit judge or a candidate for either such office, the
3action shall be brought by the
commission secretary of state. If the defendant in an
4action for a civil violation of chs. 5 to 10 or 12 is the attorney general or a candidate
5for that office, the
commission secretary of state may appoint special counsel to bring
6suit on behalf of the state.
AB981,32
7Section
32. 5.05 (2m) (i) of the statutes is amended to read:
AB981,16,138
5.05
(2m) (i) If the defendant in an action for a criminal violation of chs. 5 to
910 or 12 is a district attorney or a circuit judge or a candidate for either such office,
10the action shall be brought by the attorney general. If the defendant in an action for
11a criminal violation of chs. 5 to 10 or 12 is the attorney general or a candidate for that
12office, the
commission secretary of state may appoint a special prosecutor to conduct
13the prosecution on behalf of the state.
AB981,33
14Section
33. 5.05 (2m) (k) of the statutes is amended to read:
AB981,16,1715
5.05
(2m) (k) The
commission's power
of the secretary of state to initiate civil
16actions under this subsection for the enforcement of chs. 5 to 10 or 12 shall be the
17exclusive remedy for alleged civil violations of chs. 5 to 10 or 12.
AB981,34
18Section
34. 5.05 (2q) of the statutes is amended to read:
AB981,17,1719
5.05
(2q) Supplemental funding for ongoing investigations. The
commission 20secretary of state may request supplemental funds to be credited to the
21appropriation account under s.
20.510 (1) 20.575 (2) (be) for the purpose of continuing
22an ongoing investigation initiated under sub. (2m). A request under this subsection
23shall be filed with the secretary of administration and the cochairpersons of the joint
24committee on finance in writing and shall contain a statement of the action
25requested, the purposes therefor, the statutory provision authorizing or directing the
1performance of the action, and information about the nature of the investigation for
2which the
commission secretary of state seeks supplemental funds, excluding the
3name of any individual or organization that is the subject of the investigation. If the
4cochairpersons of the joint committee on finance do not notify the secretary of
5administration that the committee has scheduled a meeting for the purpose of
6reviewing the request within 14 working days after the
commission secretary of state 7filed the request, the secretary
of administration shall supplement the appropriation
8under s.
20.510 (1) 20.575 (2) (be) from the appropriation under s. 20.505 (1) (d) in
9an amount not to exceed the amount the
commission
secretary of state requested.
10If, within 14 working days after the
commission
secretary of state filed the request,
11the cochairpersons of the joint committee on finance notify the secretary
of
12administration that the committee has scheduled a meeting for the purpose of
13reviewing the
commission's secretary of state's request under this subsection, the
14secretary
of administration may supplement the appropriation under s.
20.510 (1) 1520.575 (2) (be) only with the committee's approval. The committee and the secretary
16of administration shall notify the
commission secretary of state of all their actions
17taken under this subsection.
AB981,35
18Section
35. 5.05 (2w) of the statutes is amended to read:
AB981,17,2019
5.05
(2w) Elections commission Secretary of state. The
elections commission
20secretary of state has the responsibility for the administration of chs. 5 to 10 and 12.
AB981,36
21Section
36. 5.05 (3d) of the statutes is amended to read:
AB981,18,422
5.05
(3d) Administrator Personnel. The commission shall appoint an
23administrator in the manner provided under s. 15.61 (1) (b). The administrator shall
24be outside the classified service. The
administrator secretary of state shall appoint
25such
other personnel as he or she requires to carry out the duties of the
commission
1office of the secretary of state in the administration of chs. 5 to 10 and 12 and may
2designate
a commission an employee to serve as
the commission's legal counsel.
The
3administrator shall perform such duties as the commission assigns to him or her in
4the administration of chs. 5 to 10 and 12.
AB981,37
5Section
37. 5.05 (3g) of the statutes is amended to read:
AB981,18,76
5.05
(3g) Chief election officer. The
commission administrator secretary of
7state shall serve as the chief election officer of this state.
AB981,38
8Section
38. 5.05 (4) of the statutes is amended to read:
AB981,18,109
5.05
(4) Employees. All employees of the
commission office of the secretary of
10state involved in the administration of chs. 5 to 10 and 12 shall be nonpartisan.
AB981,39
11Section
39. 5.05 (5e) of the statutes is amended to read:
AB981,19,212
5.05
(5e) Annual report. The
commission office of the secretary of state shall
13submit an annual report under s. 15.04 (1) (d) and shall include in its annual report
14the names and duties of all individuals employed by the
commission office and a
15summary of its determinations and advisory opinions issued under sub. (6a). Except
16as authorized or required under sub. (5s) (f), the
commission office shall make
17sufficient alterations in the summaries to prevent disclosing the identities of
18individuals or organizations involved in the decisions or opinions. The
commission 19office shall identify in its report the statutory duties of the
commission administrator 20secretary of state, together with a description of the manner in which those duties
21are being fulfilled. Notwithstanding sub. (5s) and s. 12.13 (5), the
commission office
22of the secretary of state shall also specify in its report the total number of
23investigations conducted by the
commission
office since the last annual report and
24a description of the nature of each investigation. The
commission office shall make
1such further reports on the matters within its jurisdiction and such
2recommendations for further legislation as it deems desirable.
AB981,40
3Section
40. 5.05 (5f) of the statutes is amended to read: