Wisconsin 2023-2024 Regular Session Status: Enacted Bipartisan · 4 R · 3 D cosponsors

AB 335 — Relating to: judgments concerning a candidate's felony violation of certain campaign finance or election fraud laws.

Last action — Published 12-7-2023

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced June 22, 2023. Enacted.

Signed by Governor Tony Evers (Democratic) on December 06, 2023.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    11 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 R · 3 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

53 added · 29 removed

Plain-language change summary

The recent amendments to Assembly Bill 335 clarify how unspent campaign funds should be handled if a candidate is found guilty of certain election law violations. Now, before any remaining campaign funds can be returned to donors, the committee must first pay off any outstanding debts. Additionally, contributions made from the candidate's personal funds cannot be returned to them, and safeguards have been added to ensure neither the candidate nor their former treasurer can access the funds after a court order of dissolution. These changes aim to enhance accountability and ensure that campaign funds are managed correctly following violations.

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- 2024 LEGISLATURE LRBa0451/1 JK:cjs ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 335 October 3, 2023 - Offered byOMMITTEE ON C AMPAIGNS AND ELECTIONS.
CORRECTED COPY - 2024 LEGISLATURE LRB-1326/1 MPG&JK:skw&cjs ASSEMBLY BILL 335 June 22, 2023 - Introduced by Representatives ORTIZ-VELEZ, SORTWELL, CONLEY, C ABRERA, MYERS , OERS, OHNSTAD , KRUG, GUSTAFSON , MURPHY and S INICK, cosponsored by Senators K NODL , SPREITZER and T AYLOR.
At the locations indicated, amend the bill as follows:
Referred to Committee on Campaigns and Elections.
1.
A N A CT to create 11.1401 (2m) and 12.60 (1m) of the statutes;
Page 2, line 4:
relating to:
delete “return its residual funds" and substitute “pay its outstanding debts and then return the residual funds remaining in its depository account".
judgments concerning a candidate's felony violation of certain campaign finance or election fraud laws.
2.
Analysis by the Legislative Reference Bureau Under current law, a candidate for public office who commits certain campaign finance or election fraud violations is guilty of a Class I felony, the penalty for which is a fine not to exceed $10,000 or imprisonment not to exceed three years and six months, or both.
Page 2, line 5:
Under this bill, if a candidate is adjudged guilty of such a felony in a criminal proceeding, the court's judgment in the matter must include an order that the candidate's candidate committee be dissolved in accordance with current law and that the candidate return unencumbered campaign funds to the donors in amounts not exceeding the original contributions or donate those funds to the common school fund.
delete “its" and substitute “the".
Additionally, the bill requires the court to appoint a new treasurer for the candidate committee to carry out the court's dissolution order.
3.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Page 2, line 7:
SECTION 1.
after “order." insert “The court shall also include in its judgment an order specifying that the contributions made from the candidate's personal funds may not be returned to the candidate and that neither the candidate nor the new treasurer's predecessor may access the funds in the committee's depository account.
11.1401 (2m) of the statutes is created to read:
The court shall also give notice of all actions taken pursuant to this subsection to the commission.".
11.1401 (2m) If a candidate for public office is adjudged guilty in a criminal action of any violation of this chapter under sub.
LRBa0451/1 - 2024 Legislature - 2 - JK:cjs 4.
(1) (a) or (b), or of any violation of - 2024 Legislature - 2 - LRB-1326/1 MPG&JK:skw&cjs ASSEMBLY BILL 335 SECTION 1 ch.
Page 2, line 14:
12 under s.
delete “return its residual funds" and substitute “pay its outstanding debts and then return the residual funds remaining in its depository account".
12.60 (1) (a) committed during his or her candidacy, the court's judgment shall include an order that the candidate's candidate committee be terminated in accordance with s.
5.
11.0105 and that, notwithstanding s.
Page 2, line 15:
11.0105 (3), the committee return its residual funds to the donors in an amount not exceeding the original contribution or donate its residual funds to the common school fund.
delete “its" and substitute “the".
The court shall appoint a new treasurer for the candidate committee to carry out the court's dissolution order.
6.
SECTION 2.
Page 2, line 17:
12.60 (1m) of the statutes is created to read:
after “order." insert “The court shall also include in its judgment an order specifying that the contributions made from the candidate's personal funds may not be returned to the candidate and that neither the candidate nor the new treasurer's predecessor may access the funds in the committee's depository account.
12.60(1m) If a candidate for public office is adjudged guilty in a criminal action of any violation of this chapter under sub.
The court shall also give notice of all actions taken pursuant to this subsection to the ethics commission.".
(1) (a) committed during his or her candidacy, or of any violation of ch.
11 under s.
11.1401 (1) (a) or (b), the court's judgment shall include an order that the candidate's candidate committee be terminated in accordance with s.
11.0105 and that, notwithstanding s.
11.0105 (3), the committee return its residual funds to the donors in an amount not exceeding the original contribution or donate its residual funds to the common school fund.
The court shall appoint a new treasurer for the candidate committee to carry out the court's dissolution order.
SECTION 3.0Initial applicability.
(1) This act first applies to an action commenced on the effective date of this subsection.
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Action History

  1. Published 12-7-2023

  2. Report approved by the Governor on 12-6-2023. 2023 Wisconsin Act 52

  3. Presented to the Governor on 11-30-2023

  4. Report correctly enrolled on 11-15-2023

  5. Received from Senate concurred in

  6. Ordered immediately messaged

  7. Read a third time and concurred in

  8. Rules suspended to give bill its third reading

  9. Ordered to a third reading

  10. Read a second time

  11. Placed on the foot of the 14th order of business on the calendar of 11-14-2023

  12. Placed on calendar 11-14-2023 pursuant to Senate Rule 18(1)

  13. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0

  14. Available for scheduling

  15. Read first time and referred to committee on Senate Organization

  16. Received from Assembly

  17. Ordered immediately messaged

  18. Read a third time and passed

  19. Rules suspended

  20. Ordered to a third reading

  21. Assembly Amendment 1 adopted

  22. Read a second time

  23. Representatives O'Connor and Maxey added as coauthors

  24. Placed on calendar 11-9-2023 by Committee on Rules

  25. Referred to committee on Rules

  26. Report passage as amended recommended by Committee on Campaigns and Elections, Ayes 9, Noes 0

  27. Report Assembly Amendment 1 adoption recommended by Committee on Campaigns and Elections, Ayes 9, Noes 0

  28. Executive action taken

  29. Assembly Amendment 1 offered by Committee on Campaigns and Elections

  30. Public hearing held

  31. Representative Jacobson added as a coauthor

  32. Read first time and referred to Committee on Campaigns and Elections

  33. Introduced by Representatives Ortiz-Velez, Sortwell, Conley, Cabrera, Myers, Joers, Ohnstad, Krug, Gustafson, Murphy and Sinicki; cosponsored by Senators Knodl, Spreitzer and Taylor

Sponsors

Sponsorship breakdown

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11 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (11)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

elections
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Frequently asked questions

Who sponsors AB 335?
AB 335 is sponsored by Ortiz-Velez, Sylvia (Democrat), Conley, Cabrera, Myers, Joers, Alex (Democrat), Ohnstad, Krug, Scott (Republican), Gustafson, Nate (Republican), Murphy, David (Republican), Sinicki, Christine (Democrat), and Sortwell, Shae (Republican).
What is the current status of AB 335?
This bill has been enacted into law. Introduced June 22, 2023. Enacted.
Where can I track AB 335?
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