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Wis. Stat. § 19.49

Complaints

Showing this section's text as in effect on January 1, 2003 (in force January 1, 2003 – January 1, 2007). View current text →

(1) The board shall accept from any individual, either personally or on behalf of an organization or governmental body, a verified complaint in writing which states the name of any person alleged to have committed a violation of this subchapter or subch. III of ch. 13 and which sets forth the particulars thereof. The board shall forward to the accused within 10 days a copy of the complaint and a general statement of the applicable statutes with respect to such verified complaint. If the board determines that the verified complaint does not allege facts sufficient to constitute a violation of this subchapter or subch. III of ch. 13 , it shall dismiss the complaint and notify the complainant and the accused. If the board determines that the verified complaint alleges facts sufficient to constitute a violation of this subchapter or subch. III of ch. 13 , it may make an investigation with respect to any alleged violation. If the board determines that the verified complaint was brought for harassment purposes, the board shall so state.

(1m) No complaint alleging a violation of s. 19.45 (13) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50 , and ending on the date of that election, against a candidate who files a declaration of candidacy to have his or her name appear on the ballot at that election.

(2) Any person to whom this subchapter or subch. III of ch. 13 may have application may request the board to make an investigation of his or her own conduct or of allegations made by other persons as to his or her conduct. Such a request shall be made in writing and shall set forth in detail the reasons therefor.

(3) Following the receipt of a verified complaint or upon the receipt of other information, whether or not under oath, that provides a reasonable basis for the belief that a violation of this subchapter or subch. III of ch. 13 has been committed or that an investigation of a possible violation is warranted, the board may investigate the circumstances concerning the possible violation. Prior to invoking any power under s. 19.50 , the board shall authorize an investigation by resolution, which shall state the nature and purpose of the investigation and the actions or activities to be investigated. Upon adoption of a resolution, the board shall notify each person who is the subject of the investigation pursuant to sub. (4) . If the board, during the course of an investigation, finds probable cause to believe that a violation of this subchapter or subch. III of ch. 13 has occurred, it may:

(a) If no verified complaint has been filed, make upon its own motion a verified complaint, which shall be in writing, shall state the name of the person who is alleged to have committed a violation of this subchapter or subch. III of ch. 13 and shall set forth the particulars thereof. The board shall forward to the accused within 10 days a copy of the complaint, a general statement of the applicable statutes with respect to such verified complaint and a specific statement enumerating the source or sources of information upon which the complaint is based.

(b) If a verified complaint has been filed and the board finds probable cause to believe that a violation of this subchapter or subch. III of ch. 13 , other than one contained in the complaint, has occurred, it may amend the complaint, upon its own motion, to include such violations. If the complaint is so amended by the board, the board shall send a copy of the amendment to the person complained against within 48 hours.

(4) Upon adoption of a resolution authorizing an investigation under sub. (3) , the board shall mail a copy of the resolution to each alleged violator who is identified in the resolution, together with a notice informing the alleged violator that the person is the subject of the investigation authorized by the resolution and a general statement of the applicable statutes with respect to such investigation. Service of the notice is complete upon mailing.

(5)

(a) Except as provided in par. (b) , no action may be taken on any complaint that is filed later than 3 years after a violation of this subchapter or subch. III of ch. 13 is alleged to have occurred.

(b) The period of limitation under par. (a) is tolled for a complaint alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm) .

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.