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Wisconsin Statutes § 11.1401 Criminal penalties; prosecution

⤴ Up to Subchapter XIV: Contributions

Statute Text

(1)
(a) Whoever intentionally violates s. 11.1204 or any registration or reporting requirement under this chapter is guilty of a Class I felony.
(b) Whoever intentionally violates subch. XI or s. 11.1201 , 11.1208 , or 11.1303 is guilty of a Class I felony if the intentional violation does not involve a specific figure or if the intentional violation concerns a figure which exceeds $100 in amount or value.
(c) Whoever intentionally violates any of the following may be fined not more than $1,000 or imprisoned not more than 6 months or both:
1. Any provision of this chapter other than those provided in par. (a).
2. Any provision under par. (b) if the violation concerns a specific amount or value not exceeding $100.
(2) Except as otherwise provided in ss. 19.49 (2) (b) 13. and 14. and (h) and 19.554, and only after the commission has determined probable cause, all prosecutions under this section shall be conducted by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than an individual resides within a county if the person's principal place of operation is located within that county.
(2m) If a candidate for public office is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of ch. 12 under s. 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. 11.0105 and that, notwithstanding s. 11.0105 (3) , the committee pay its outstanding debts and then return the residual funds remaining in its depository account to the donors in an amount not exceeding the original contribution or donate the 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. 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. The court shall also give notice of all actions taken pursuant to this subsection to the commission.
(3)
(a) If a successful candidate for public office, other than a candidate for the legislature, is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of ch. 12 under s. 12.60 (1) (a) committed during his or her candidacy, the court shall after entering judgment enter a supplemental judgment declaring a forfeiture of the candidate's right to office. The supplemental judgment shall be transmitted to the officer or agency authorized to issue the certificate of nomination or election to the office for which the person convicted is a candidate. If the candidate's term has not yet begun, the candidate shall not take office. If the candidate's term has begun, the office shall become vacant. The office shall then be filled in the manner provided by law.
(b) If a successful candidate for the legislature is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of ch. 12 under s. 12.60 (1) (a) committed during his or her candidacy, the court shall after entering judgment certify its findings to the presiding officer of the house of the legislature to which the candidate was elected.

History

Amended by Acts 2023 ch, 52 , s 1 , eff. 12/8/2023 .

Amended by Acts 2015 ch, 117 , s 24h , eff. 6/30/2016 .

Added by Acts 2015 ch, 117 , s 24 , eff. 12/18/2015 .

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