AB701: Bill Text

II. elections administration

Fees for recounts

Under current law, a petitioner requesting a recount of an election generally must pay a fee of $5 for each ward for which a recount is requested and $5 for each municipality where no wards exist. However, current law does not require a fee if the difference between the leading candidate and the petitioner or the affirmative and negative vote on a referendum was less than ten votes, if 1,000 or less votes were cast, or less than 0.5% of the total votes cast, if greater than 1,000 votes were cast. A petitioner must pay any fee in full at the time he or she files the petition.

This bill retains the current fees and the current exemptions for any election where 1,000 or less votes are cast and retains the current exemption for any election where greater than 1,000 votes are cast and the difference in votes cast between the leading candidate and the petitioner or the affirmative and negative vote on a referendum is 0.5% or less. However, the bill changes the fees for other elections where greater than 1,000 votes are cast. Under the bill, if greater than 1,000 votes are cast in the election and the difference in votes is more than 0.5% but not more than 2% of the total votes cast, the fee under this bill is $5 per ward and $5 per municipality where no wards exist. If greater than 1,000 votes are cast and the difference in votes is more than 2% of the total votes cast, the fee under this bill is the actual cost of performing the recount. In addition, the bill requires a petitioner to pay a reasonable estimate of any applicable fee at the time of filing and any balance within 30 days after the filing officer notifies the petitioner of the amount due.

Composition of certain municipal boards of canvassers

Currently, the municipal board of canvassers in each municipality utilizing more than one polling place, except in cities having a population of more than 500,000, is composed of the municipal clerk and two other qualified electors appointed by the clerk. If the clerk's office is vacant, if the clerk cannot perform his or her duties or if the clerk is a candidate at an election being canvassed, the mayor, president or board chairperson of the municipality designates another qualified elector of the municipality to serve in lieu of the clerk.

This bill provides that the municipal board of canvassers in these municipalities is composed of three qualified electors of the municipality, other than the municipal clerk, who shall be appointed by the clerk.

III. Campaign financing

Disbursement limitations

Under current law, disbursement (expenditure) levels are specified for candidates for various state and local offices. These levels become a binding limitation upon any candidate for state office who accepts a state grant from the Wisconsin election campaign fund or who agrees to be bound by the limitation, unless the candidate is opposed by a major opponent who could have qualified for a grant but who declines to accept one and declines to file an affidavit of voluntary compliance with disbursement and contribution limitations.

This bill:

1. Revises the current disbursement levels applicable to candidates for the offices shown below as follows: - See PDF for table

2. Creates a biennial cost-of-living adjustment that causes the statutory disbursement levels to be adjusted biennially, beginning in 2002, in accordance with a formula tied to the "consumer price index" determined by the U.S. department of labor.

Filing of campaign finance reports

Currently, where a requirement is imposed under the campaign finance law for filing of a report by a specified date, the requirement may be satisfied by depositing the report with the U.S. postal service no later than the date provided by law for receipt of the report. This bill permits satisfaction of such a requirement by depositing the report with the U.S. postal service no later than the third day before the date provided by law for receipt of the report.

Registration and reporting by certain federal and nonresident registrants

Currently, a new registrant is generally prohibited from making a contribution or disbursement from property or funds received prior to the date of registration, except that if a registrant has in its possession property or funds at the time of registration that were not intended for political purposes in connection with an election for state or local office at the time they were received, the registrant may report the property or funds as received on the date of registration and may then use the property or funds to make a contribution or disbursement.

This bill permits a nonresident registrant who or which has property or funds in the possession of the registrant on the date of registration from which the registrant wishes to make a contribution or disbursement to use the property or funds to make a contribution or disbursement to the extent permitted under current law if the registrant obtained the property or funds from sources and in amounts that were lawful at the time that the property or funds were received by the registrant. In addition, the bill requires every new nonresident registrant to report any information specified by the board for the year in which the registrant registers and the one-year period preceding that year, plus any additional period required to enable the registrant to make a contribution or disbursement from the property or funds.

Currently, with certain exceptions, a registrant who or which is required to register with a filing officer in this state must file regular reports identifying contributions received and disbursements made and providing certain other information. However, a nonresident registrant need report only contributions and other income received from sources in this state and disbursements made and obligations incurred with respect to an election for state or local office in this state. This bill deletes this exception to state reporting requirements.

Contribution limitations

Current law limits the total contributions that a candidate for state or local office may accept from all political committees, including political party and legislative campaign committees, and from the Wisconsin election campaign fund to 65% of the disbursement level specified for the office that the candidate seeks. This bill decreases that limitation to 60% of that disbursement level.

The bill also prohibits any special interest ("political action") committee from making any contribution or contributions exceeding $100 cumulatively within a calendar year to any other special interest committee, and similarly prohibits any conduit (intermediary) from transferring any contribution or contributions exceeding $100 cumulatively within a calendar year to any special interest committee. In addition, the bill prohibits any special interest committee that receives a contribution in violation of this prohibition from making any contribution or disbursement from the property or funds constituting that contribution. Currently, there are no similar limitations.

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).