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Wisconsin Statutes Elections (Ch. 5 to 12) § 12.60. Penalties

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) Whoever violates s. 12.09, 12.11 or 12.13(1), (2)(b)1. to 7. or (3)(a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony.

(b) Whoever violates s. 12.03, 12.05, 12.07, 12.08 or 12.13(2)(b)8., (3)(b), (c), (d), (g), (i), (n) to (x), (ze), (zm) or (zn) may be fined not more than $1,000, or imprisoned not more than 6 months or both.

(bm) Whoever violates s. 12.13(5) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

(c) Whoever violates s. 12.13(3)(am) may be required to forfeit not more than $500.

(d) Whoever violates s. 12.035 or 12.13(3)(h) may be required to forfeit not more than $100.

(1m) If a candidate for public office is adjudged guilty in a criminal action of any violation of this chapter under sub. (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 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 ethics commission.

(2)(a) If a successful candidate for public office, other than a candidate for the legislature or a candidate for national office, is adjudged guilty in a criminal action of any violation of this chapter under sub. (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 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 or U.S. congress is adjudged guilty in a criminal action of any violation of this chapter under sub. (1)(a) committed during his or her candidacy, the court shall after entering judgment certify its findings to the presiding officer of the legislative body to which the candidate was elected.

(3) Any election official who is convicted of any violation of this chapter shall, in addition to the punishment otherwise provided, be disqualified to act as an election official for a term of 5 years from the time of conviction.

(4) Prosecutions under this chapter shall be conducted in accordance with s. 11.1401(2).

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Cite this article: FindLaw.com - Wisconsin Statutes Elections (Ch. 5 to 12) § 12.60. Penalties - last updated January 01, 2025 | https://codes.findlaw.com/wi/elections-ch-5-to-12/wi-st-12-60/

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