AB701: Bill Text

Acceptance of unlawful contributions

Under current law, a registrant who receives and retains a contribution for more than 15 days must report the contribution as accepted on the date of receipt. This bill provides that a contribution that is received by a registrant is considered to be accepted unless the recipient returns the contribution to the donor within 30 days of receipt.

Currently, in most cases, violations of the campaign finance law are punishable by a forfeiture (civil monetary penalty) not exceeding $500. This bill provides that if any registrant accepts an unlawful contribution or a contribution in an amount or value exceeding the amount or value of that the donor is permitted to donate to the registrant under the campaign finance law, the registrant is subject to a forfeiture of not more than 125% of the amount or value of the unlawful contribution or portion thereof that is unlawfully contributed.

Contributions by foreign nationals

This bill prohibits any foreign national from making a contribution to any candidate for state or local office in this state or to any individual, committee or group who or which accepts contributions and makes expenditures for the purpose of influencing an election for state or local office or the outcome of a referendum in this state. Under the bill, a "foreign national" means a government of a foreign country, a foreign political party, an entity organized under the laws of and having its principal place of business in a foreign country, or any other individual or entity outside of the United States, except an individual U.S. citizen who is domiciled within the United States or an entity organized under or created by the laws of the United States or any state, territory or possession that has its principal place of business within the United States.

Any person who makes a contribution that is prohibited under the bill is subject to a forfeiture (civil penalty) of treble the amount of the contribution. Any person who intentionally makes a contribution that is prohibited under the bill may be fined not more than $1,000 or imprisoned for not more than six months, or both, if the contribution does not exceed $100, and may be fined not more than $10,000 or imprisoned for not more than three years, or both, if the contribution exceeds $100.

Currently, there is no such prohibition on foreign national contributions.

Public grants

Under current law, public financing from the Wisconsin election campaign fund is available to finance certain campaign expenses of eligible candidates for the offices of state senator, representative to the assembly, governor, lieutenant governor, attorney general, state treasurer, secretary of state, justice of the supreme court and superintendent of public instruction at a general, spring or special election.

Currently, in order to qualify for a public grant, a candidate must, in addition to other requirements, receive during a specified time period contributions from individuals in amounts of $100 or less that, together, total a specified amount.

This bill provides that these contributions must be received from individuals who are residents of this state, and that, in the case of a candidate for legislative office, at least 50% of these contributions must be received from individuals who are residents of a county having territory within the district in which the candidate seeks office.

Currently, a candidate for statewide office must receive these qualifying contributions in a total amount at least equivalent to 5% of the authorized disbursement level for the office that the candidate seeks, while a candidate for legislative office must receive these qualifying contributions in a total amount at least equivalent to 10% of the authorized disbursement level for the office that the candidate seeks.

This bill requires a candidate for the office of governor to receive these qualifying contributions in a total amount at least equivalent to 5% of the authorized disbursement level for the office of governor, and requires a candidate for any other state office to receive these contributions in an amount at least equivalent to 10% of the authorized disbursement level for the office that the candidate seeks.

Currently, the maximum grant that a candidate may receive is equal to 45% of the disbursement level specified for the office that the candidate seeks, less an amount equal to any contributions received and accepted from committees other than political party committees, if sufficient moneys are available in the Wisconsin election campaign fund to finance the full amounts of grants for which candidates qualify.

This bill increases the maximum grant that a candidate for the office of justice of the supreme court may receive to 50% of the disbursement level specified for that office, and decreases the maximum grant that a candidate for any other state office may receive to 33% of the disbursement level specified for the particular office, subject to adjustment as currently provided.

The bill also disqualifies a candidate from receiving a grant if the candidate or his or her personal campaign committee is not in compliance with all obligations imposed under the public grant law with respect to any grant previously received by the candidate.

Currently, any grant moneys that are not encumbered by a candidate on the day after an election in which the candidate participates revert to the state. In addition, any deposits and refunds derived from grant moneys that are received by a candidate after the date of an election in which the candidate participates revert to the state. This bill provides, instead, that all unencumbered moneys in the campaign depository account of a candidate who receives a grant on the day after an election in which the candidate participates, plus all deposits and refunds received by such a candidate after that date, revert to the state to the extent that the unencumbered moneys, together with the deposits and refunds, do not exceed the amount of the grant received by that candidate.

Biennial review of campaign finance practices

The bill directs the elections board to conduct a biennial review of campaign finance practices in this state. The review must include an assessment of the continued appropriateness of the contribution limitations prescribed by law and any other important problems that require the attention of the legislature. If the board concludes that any contribution limitations should be increased or that any other action should be taken as a result of its review, the board is directed to transmit its conclusions and recommendations to the appropriate standing committees of the legislature, together with any information supporting the board's conclusions.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB701, s. 1 Section 1. 5.55 (intro.) of the statutes is amended to read:

AB701,9,9 5.55 Ballot identification. (intro.) On every ballot, except a ballot label or voting machine ballot, shall be printed "Official .... Ballot" or "Official .... Ballot for ...." followed by the designation of the polling place for which the ballot has been prepared, the date of the election, and the official endorsement and blank certificates. The number of the ward or wards or aldermanic district, if any, and the name of the municipality may be omitted in printing and stamped or written on the ballots at any location which is clearly visible at the option of the county clerk. Printed information and initials shall appear on the back and outside of the ballot. When a ballot card is employed with an electronic voting system, the date of the election may be printed or stamped on the back of the ballot card in such a manner that the card is not reusable, at the option of the county clerk. The ballot shall include a space on the back for the certification required under s. 6.87 (5). Each ballot shall be prepared in substantially the following form:

AB701, s. 2 Section 2. 6.28 (1) of the statutes is amended to read:

AB701,9,25 6.28 (1) Registration locations; deadline. Registration in person for any election shall close at 5 p.m. on the 2nd Wednesday preceding the election. Registrations made by mail under s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked no later than the 2nd Wednesday preceding the election. All applications for registration corrections and additions may be made throughout the year at the office of the city board of election commissioners, at the office of the municipal clerk, at the office of any register of deeds or at other locations provided by the board of election commissioners or the common council in cities over 500,000 population or by either or both the municipal clerk, or the common council, village or town board in all other municipalities and may also be made during the school year at any high school by qualified persons under sub. (2) (a). Other registration locations may include but are not limited to fire houses, police stations, public libraries, institutions of higher education, supermarkets, community centers, plants and factories, banks, savings and loan associations and savings banks. Special registration deputies shall be appointed for all locations. An elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.

AB701, s. 3 Section 3. 6.33 (1) of the statutes is amended to read:

AB701,10,14 6.33 (1) The municipal clerk shall supply sufficient registration forms as prescribed by the board printed on loose-leaf sheets or cards to obtain from each applicant information as to name, date, residence location, citizenship, age, whether the applicant has resided within the ward or election district for at least 10 days, whether the applicant has lost his or her right to vote, and whether the applicant is currently registered to vote at any other location, and shall provide a space for the applicant's signature. The forms shall also include a space for the identification serial number of any elector who is issued such a number under s. 6.47 (3). Each register of deeds shall obtain sufficient registration forms at the expense of the unit of government by which he or she is employed for completion by any elector who desires to register to vote.

AB701, s. 4 Section 4. 6.35 (1) (intro.) of the statutes is amended to read:

AB701,10,18 6.35 (1) (intro.) Under the direction of the municipal clerk or board of election commissioners, the original registration forms shall be filed in one of the following ways, except as provided in sub. (1m):

AB701, s. 5 Section 5. 6.35 (1m) of the statutes is created to read:

AB701,10,22 6.35 (1m) Original registration forms of electors who have obtained a confidential listing under s. 6.47 (2) shall be filed in alphabetical order after the forms of the other electors.

AB701, s. 6 Section 6. 6.36 (2) of the statutes is renumbered 6.36 (2) (a) and amended to read:

AB701,11,5 6.36 (2) (a) The Except as provided in par. (b), the registration lists shall contain the full name and address of each registered elector, a blank column for the entry of the serial number of the electors when they vote, and a form of a certificate stating that each list is a true and complete combined check and registration list of the respective wards.

AB701, s. 7 Section 7. 6.36 (2) (b) of the statutes is created to read:

AB701,11,9 6.36 (2) (b) If an elector obtains a confidential listing under s. 6.47 (2), the registration list shall be prepared such that the address of the elector does not appear on copies of the list that are used at polling places.

AB701, s. 8 Section 8. 6.36 (4) of the statutes is created to read:

AB701,11,14 6.36 (4) The names and identification serial numbers of electors who have obtained a confidential listing under s. 6.47 (2) shall appear separately after the remainder of the list. These names and serial numbers shall be arranged alphabetically by last name.

AB701, s. 9 Section 9. 6.40 (2) (b) of the statutes is amended to read:

AB701,12,3 6.40 (2) (b) In addition to the revision which is required under s. 6.50, municipal clerks may conduct door-to-door and mail registration canvasses at any time. The door-to-door canvass shall consist of both the deletion from the registration list of the names of electors who no longer reside at the address for which they are registered and the addition to the registration list of the names of electors who reside at that address. The mail canvass shall consist of the municipal clerk examining the registration records and canceling the registration of electors after the mailing of notices in accordance with s. 6.50 (1) and (2) or (2m). The mail canvass may also consist of adding to the registration list the names of eligible electors. Both door-to-door and mail canvasses whenever made shall be made throughout the municipality in a uniform manner. An elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.

AB701, s. 10 Section 10. 6.45 of the statutes is amended to read:

AB701,12,6 6.45 Access to registration list. (1) After the deadline for revision of the registration list, the municipal clerk shall make copies of the list for election use.

AB701,12,13 (1m) The registration list and any supplemental lists which are prepared at polling places or other registration locations under s. 6.55, shall be open to public inspection. Under the regulations prescribed by the municipal clerk, any person may copy the registration list at the office of the clerk. A registration list maintained at a polling place may be examined by an observer when such use does not interfere with the conduct of the election. This subsection does not apply to information that is confidential under s. 6.47.

AB701,12,19 (2) The municipal clerk shall furnish upon request to each candidate who has filed nomination papers for an office which represents at least part of the residents of the municipality one copy of the current registration list for those areas for which he or she is a candidate for a fee not to exceed the cost of reproduction. The clerk shall exclude information that is confidential under s. 6.47 (2) from copies of the list, except as authorized under s. 6.47 (8).

AB701, s. 11 Section 11. 6.46 of the statutes is renumbered 6.46 (1) and amended to read:

AB701,12,22 6.46 Poll lists; copying. (1) Poll lists shall be preserved by the municipal clerk until destruction or other disposition is authorized under s. 7.23, and.

AB701,13,5 (2) Poll lists shall be open to public inspection, except as provided in s. 6.47. The municipal clerk shall furnish upon request to each candidate who has filed nomination papers for an office which represents at least part of the municipality one copy of the current poll list for those areas for which he or she is a candidate for a fee not to exceed the cost of reproduction. If a copying machine is not accessible, the clerk shall remove the lists from the office for the purposes of copying, and return them immediately thereafter. The clerk shall exclude information that is confidential under s. 6.47 (2) from copies of the list, except as authorized under s. 6.47 (8).

AB701, s. 12 Section 12. 6.47 of the statutes is created to read:

AB701,13,8 6.47 Confidentiality of information relating to victims of domestic abuse. (1) In this section:

AB701,13,9 (a) "Eligible individual" means:

AB701,13,10 1. An individual who has been granted a protective order that is in effect.

AB701,13,16 2. An individual who files an affidavit with the municipal clerk of the municipality where the individual resides, on a form prescribed by the board, that is signed by a sheriff or the chief of a police department and directed to the municipal clerk, and that verifies that a person has been charged with or convicted of an offense relating to domestic abuse in which the individual was a victim and reasonably continues to be threatened by that person.

AB701,13,17 3. An individual who resides in a shelter.

AB701,13,20 (b) "Offense relating to domestic abuse" means an offense specified in s. 940.19, 940.20 (1m), 940.201, 940.22, 940.225, 940.32, 947.013, 948.02, 948.025, 948.06, 948.09 or 948.095.

AB701,13,22 (c) "Protected individual" means an individual whose name and address is confidential under sub. (2).

AB701,13,24 (d) "Protective order" means a temporary restraining order or an injunction issued under s. 813.12 or 813.125.

AB701,14,4 (e) "Shelter" means a place where at least 4 unrelated individuals reside that provides residential shelter to individuals whose personal security is or may be threatened by family members or other persons with whom the individuals have had contact.

AB701,14,17 (2) Except as authorized in sub. (8), the municipal clerk shall withhold from public inspection under s. 19.35 (1) the name and address of any eligible individual whose name appears on a poll list or registration list if the individual files a valid written request with the clerk to protect the individual's confidentiality. To be valid, a request under this subsection must be accompanied by a copy of a protective order that is in effect, an affidavit under sub. (1) (a) 2. that is dated within 30 days of the date of the request or a statement signed by the operator or an authorized agent of the operator of a shelter that is dated within 30 days of the date of the request and that indicates that the operator operates the shelter and that the individual making the request resides in the shelter. A physically disabled individual who appears personally at the office of the municipal clerk accompanied by another elector of this state may designate that elector to make a request under this subsection on his or her behalf.

AB701,14,24 (3) Upon listing of an elector under sub. (2), the municipal clerk shall issue to the elector a voting identification card on a form prescribed by the board that shall contain the name of the municipality issuing the card and in the case of a town, the county in which the town is located, the elector's name, the ward in which the elector resides, if any, and a unique identification serial number issued by the board. The number issued to an elector under this subsection shall not be changed for so long as the elector continues to qualify for a listing under sub. (2).

AB701,15,4 (4) Except as provided in sub. (5), a confidential listing under sub. (2) expires on the date that a protective order expires, on the date that the protected individual ceases to reside in a shelter or at the end of the 24-month period that follows creation or renewal of the listing under sub. (2), whichever is earliest.

AB701,15,5 (5) (a) The municipal clerk shall cancel a confidential listing under sub. (2) if:

AB701,15,6 1. The clerk receives notification from a sheriff or chief of police under sub. (10).

AB701,15,7 2. The name of the protected individual is legally changed.

AB701,15,9 3. The protected individual changes his or her address without notifying the municipal clerk.

AB701,15,12 4. The municipal clerk finds that the protected individual provided false information to the clerk for the purpose of obtaining a confidential listing under sub. (2).

AB701,15,14 (b) An individual whose confidential listing is canceled under par. (a) may file a new request and qualify under sub. (2) to obtain a renewal of the listing.

AB701,15,22 (6) Upon expiration of a confidential listing on a registration list under sub. (2), the municipal clerk shall cancel the registration of the protected individual unless the individual files a new request and qualifies under sub. (2) to obtain a renewal of the listing or unless the individual applies for and qualifies to obtain a nonconfidential voter registration. Except as authorized in sub. (8), the municipal clerk shall withhold from public inspection under s. 19.35 (1) the name and address of any individual whose registration is canceled under this subsection if the individual qualified for a confidential listing at the time of that listing.

AB701,15,25 (7) (a) If the municipal clerk has notice that a confidential listing under sub. (2) is scheduled to expire, the municipal clerk shall provide 30 days' notice to the protected individual of the scheduled expiration of the listing.

AB701,16,3 (b) If notice to a protected individual is not provided under par. (a), the municipal clerk shall provide notice to the subject individual upon canceling a confidential listing under sub. (2).

AB701,16,5 (8) The municipal clerk shall provide access to a name and address under sub. (2):

AB701,16,6 (a) To a law enforcement officer for official purposes.

AB701,16,8 (b) To a state or local governmental officer pursuant to a specific law that necessitates obtaining the name or address.

AB701,16,10 (c) Pursuant to a court order citing a reason that access to the name or address should be provided.

AB701,16,11 (d) To a clerk of circuit court for purposes of s. 756.04 (5) (a).

AB701,16,14 (e) At the request of a protected individual, for purposes of permitting that individual to sign a petition under s. 59.05 (2) or a protest petition, consent or counter petition under s. 125.05.

AB701,16,17 (9) No person who obtains access to a name or address under sub. (8) may disclose the name or address to any person other than a public employe for the same purpose for which the information was obtained.

AB701,16,23 (10) If a sheriff or chief of a police department who signs an affidavit under sub. (1) (a) 2. obtains information that the person who was charged with an offense relating to domestic abuse is no longer so charged or that the person's judgment of conviction has been vacated, and the charge or conviction was the sole basis for the affidavit, the sheriff or chief shall provide written notice of that information to the municipal clerk to whom the affidavit was directed.

AB701, s. 13 Section 13. 6.55 (2) (a) of the statutes is amended to read:

AB701,17,8 6.55 (2) (a) Except where the procedure under par. (c) or (cm) is employed, any person who qualifies as an elector in the ward or election district where he or she desires to vote, but has not previously filed a registration form, or was registered at another location in a municipality where registration is required, may request permission to vote at the polling place for that ward or election district, or at an alternate polling place assigned under s. 5.25 (5) (b). When a proper request is made, the inspector shall require the person to execute a registration form prescribed by the board which shall contain the following certification:

AB701,17,13 "I, ...., hereby certify that to the best of my knowledge, I am a qualified elector, having resided at .... for at least 10 days immediately preceding this election, and that I am not disqualified on any ground from voting, and I have not voted, at this election." If a change of address is made from outside the municipality, the elector shall file a cancellation under s. 6.40 (1) (b) 6.

AB701, s. 14 Section 14. 6.55 (2) (cm) of the statutes is created to read:

AB701,17,21 6.55 (2) (cm) If an elector who is not registered wishes to obtain a confidential listing under s. 6.47 (2), the elector shall register at the office of the municipal clerk of the municipality where the elector resides. Upon completion of registration, the municipal clerk or a deputy clerk shall serially number the registration form and issue a voting identification card to the elector under s. 6.47 (3). The elector may vote at the polling place serving his or her residence by presenting the identification card or by providing his or her name and identification serial number.

AB701, s. 15 Section 15. 6.79 (1) to (3) of the statutes are amended to read:

AB701,18,15 6.79 (1) Municipalities without registration. Where Except as provided in sub. (6) (a), where there is no registration, before being permitted to vote, each person shall state his or her full name and address. The officials shall record each name and address on a poll list in the same order as the votes are cast. If the residence of the elector does not have a number, the election officials shall, in the appropriate space, write "none". Alternatively, the municipal clerk may maintain a poll list consisting of the full name and address of electors compiled from previous elections. Whenever an elector appears to vote, the officials shall verify the correctness of the elector's name and address, and shall enter a serial number next to the name of the elector in the order that the votes are cast, beginning with the number one. If the name and address of an elector do not appear on the prepared poll list, the officials shall record the name, address and serial number of the elector at the bottom of the list. The officials may require any elector to provide identification, including acceptable proof of residence, or to have another elector corroborate his or her information in accordance with the procedure specified in s. 6.55 (2) (b) before permitting the elector to vote. An elector who presents an identification card under sub. (6) (a) is not required to provide separate identification. The officials shall maintain a separate list of those persons voting under ss. 6.15 and 6.24.