State Codes and Statutes

Statutes > Wisconsin > 11 > 11.517

11.517

11.517 Penalties; enforcement.

11.517(1)

(1) Notwithstanding s. 11.60 (1), if an eligible candidate makes disbursements that exceed the total amount of the public financing benefit allocated to the candidate for any campaign and the total qualifying and seed money contributions lawfully accepted by the candidate, the candidate may be required to forfeit not more than 10 times the amount by which the disbursements exceed the allocation.

11.517(2)

(2) Notwithstanding s. 11.60 (1), any eligible candidate who accepts contributions in excess of any limitation imposed under ss. 11.502 to 11.522 may be required to forfeit not more than 10 times the amount by which the contributions exceed the applicable limitation.

11.517(3)

(3) If the board finds that there is probable cause to believe that an eligible candidate has made excess disbursements or has accepted excess contributions contrary to sub. (1) or (2), the board shall attempt for a period of not more than 14 days after its finding to correct the matter by informal methods of conference and conciliation and to enter into a settlement and conciliation agreement under s. 5.05 (1) (c) with the person involved. A settlement and conciliation agreement made pursuant to this subsection shall be a matter of public record. Unless violated, a settlement and conciliation agreement is a bar to any civil action under sub. (4).

11.517(4)

(4) If the board has probable cause to believe that an eligible candidate has made excess disbursements or has accepted excess contributions and the board is unable to correct the matter by informal methods within the time prescribed in sub. (3), the board shall make a public finding of probable cause in the matter. After making a public finding, the board may bring a civil action against the eligible candidate as provided in s. 5.05 (1) (c).

11.517(5)

(5) If an elector believes that an eligible candidate has violated ss. 11.502 to 11.522 and the elector is entitled to vote for or against the eligible candidate in the election in connection with which the violation is alleged to occur, the elector may file a complaint with the board requesting it to take remedial action. If the board refuses to take remedial action or, within 30 days after the filing of such a complaint, fails to take remedial action, the elector may commence a civil action requesting the court to impose a forfeiture under sub. (1) or (2) in circuit court for the county where the board is authorized to bring an action under s. 5.05 (1) (c).

11.517(6)

(6) The board and courts shall expedite all proceedings under ss. 11.502 to 11.522 so that all complaints brought prior to an election are resolved, to the extent possible, before the election is held.

11.517(7)

(7) If a complaint brought under ss. 11.502 to 11.522 is resolved against the complainant and is found to have been brought in bad faith and without reasonable basis therefor, the board or court may assess costs, including reasonable attorney fees, against the complainant.

11.517 - ANNOT.

History: 2009 a. 89.

State Codes and Statutes

Statutes > Wisconsin > 11 > 11.517

11.517

11.517 Penalties; enforcement.

11.517(1)

(1) Notwithstanding s. 11.60 (1), if an eligible candidate makes disbursements that exceed the total amount of the public financing benefit allocated to the candidate for any campaign and the total qualifying and seed money contributions lawfully accepted by the candidate, the candidate may be required to forfeit not more than 10 times the amount by which the disbursements exceed the allocation.

11.517(2)

(2) Notwithstanding s. 11.60 (1), any eligible candidate who accepts contributions in excess of any limitation imposed under ss. 11.502 to 11.522 may be required to forfeit not more than 10 times the amount by which the contributions exceed the applicable limitation.

11.517(3)

(3) If the board finds that there is probable cause to believe that an eligible candidate has made excess disbursements or has accepted excess contributions contrary to sub. (1) or (2), the board shall attempt for a period of not more than 14 days after its finding to correct the matter by informal methods of conference and conciliation and to enter into a settlement and conciliation agreement under s. 5.05 (1) (c) with the person involved. A settlement and conciliation agreement made pursuant to this subsection shall be a matter of public record. Unless violated, a settlement and conciliation agreement is a bar to any civil action under sub. (4).

11.517(4)

(4) If the board has probable cause to believe that an eligible candidate has made excess disbursements or has accepted excess contributions and the board is unable to correct the matter by informal methods within the time prescribed in sub. (3), the board shall make a public finding of probable cause in the matter. After making a public finding, the board may bring a civil action against the eligible candidate as provided in s. 5.05 (1) (c).

11.517(5)

(5) If an elector believes that an eligible candidate has violated ss. 11.502 to 11.522 and the elector is entitled to vote for or against the eligible candidate in the election in connection with which the violation is alleged to occur, the elector may file a complaint with the board requesting it to take remedial action. If the board refuses to take remedial action or, within 30 days after the filing of such a complaint, fails to take remedial action, the elector may commence a civil action requesting the court to impose a forfeiture under sub. (1) or (2) in circuit court for the county where the board is authorized to bring an action under s. 5.05 (1) (c).

11.517(6)

(6) The board and courts shall expedite all proceedings under ss. 11.502 to 11.522 so that all complaints brought prior to an election are resolved, to the extent possible, before the election is held.

11.517(7)

(7) If a complaint brought under ss. 11.502 to 11.522 is resolved against the complainant and is found to have been brought in bad faith and without reasonable basis therefor, the board or court may assess costs, including reasonable attorney fees, against the complainant.

11.517 - ANNOT.

History: 2009 a. 89.

State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 11 > 11.517

11.517

11.517 Penalties; enforcement.

11.517(1)

(1) Notwithstanding s. 11.60 (1), if an eligible candidate makes disbursements that exceed the total amount of the public financing benefit allocated to the candidate for any campaign and the total qualifying and seed money contributions lawfully accepted by the candidate, the candidate may be required to forfeit not more than 10 times the amount by which the disbursements exceed the allocation.

11.517(2)

(2) Notwithstanding s. 11.60 (1), any eligible candidate who accepts contributions in excess of any limitation imposed under ss. 11.502 to 11.522 may be required to forfeit not more than 10 times the amount by which the contributions exceed the applicable limitation.

11.517(3)

(3) If the board finds that there is probable cause to believe that an eligible candidate has made excess disbursements or has accepted excess contributions contrary to sub. (1) or (2), the board shall attempt for a period of not more than 14 days after its finding to correct the matter by informal methods of conference and conciliation and to enter into a settlement and conciliation agreement under s. 5.05 (1) (c) with the person involved. A settlement and conciliation agreement made pursuant to this subsection shall be a matter of public record. Unless violated, a settlement and conciliation agreement is a bar to any civil action under sub. (4).

11.517(4)

(4) If the board has probable cause to believe that an eligible candidate has made excess disbursements or has accepted excess contributions and the board is unable to correct the matter by informal methods within the time prescribed in sub. (3), the board shall make a public finding of probable cause in the matter. After making a public finding, the board may bring a civil action against the eligible candidate as provided in s. 5.05 (1) (c).

11.517(5)

(5) If an elector believes that an eligible candidate has violated ss. 11.502 to 11.522 and the elector is entitled to vote for or against the eligible candidate in the election in connection with which the violation is alleged to occur, the elector may file a complaint with the board requesting it to take remedial action. If the board refuses to take remedial action or, within 30 days after the filing of such a complaint, fails to take remedial action, the elector may commence a civil action requesting the court to impose a forfeiture under sub. (1) or (2) in circuit court for the county where the board is authorized to bring an action under s. 5.05 (1) (c).

11.517(6)

(6) The board and courts shall expedite all proceedings under ss. 11.502 to 11.522 so that all complaints brought prior to an election are resolved, to the extent possible, before the election is held.

11.517(7)

(7) If a complaint brought under ss. 11.502 to 11.522 is resolved against the complainant and is found to have been brought in bad faith and without reasonable basis therefor, the board or court may assess costs, including reasonable attorney fees, against the complainant.

11.517 - ANNOT.

History: 2009 a. 89.