AB355: Bill Text

AB355, s. 21 Section 21. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended to read:

AB355,13,22 11.12 (6) (a) If any disbursement of more than $20 cumulatively is made to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the individual or treasurer of the committee shall, within 24 hours of making the disbursement, inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the next regular report of the individual or committee under s. 11.20. For purposes of this subsection paragraph, disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election. Upon receipt of a report under this subsection paragraph, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a disbursement identified in the report is made. This paragraph does not apply to any disbursement that is required to be reported under par. (b).

AB355, s. 22 Section 22. 11.12 (6) (b) of the statutes is created to read:

AB355,14,3 11.12 (6) (b) 1. If any person makes a communication identified in s. 11.01 (16) (a) 3., or incurs an obligation to make such a communication, the person shall, within 24 hours of making the communication or incurring the obligation to make the communication, report to the board the information required under this paragraph in such manner as the board may prescribe.

AB355,14,4 2. Each report under this paragraph shall contain the following information:

AB355,14,6 a. The name of each candidate who is identified in each communication or obligation to make a communication.

AB355,14,8 b. A statement as to whether the communication is intended to support or oppose that candidate.

AB355,14,11 c. The total amount or value of the disbursement made or obligation incurred to make the communication and the cumulative disbursements made and obligations incurred by the person with respect to that election.

AB355,14,16 3. The person shall also include the information reported under subd. 2. in the next regular report of the person under s. 11.20. Upon receipt of a report under this paragraph, the board shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a communication identified in the report is made.

AB355, s. 23 Section 23. 11.16 (5) of the statutes is amended to read:

AB355,15,7 11.16 (5) Escrow agreements. Any personal campaign committee, political party committee or legislative campaign committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under s. 11.14 (1) that is identified in the agreement. For purposes of s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).

AB355, s. 24 Section 24. 11.21 (15) of the statutes is repealed.

AB355, s. 25 Section 25. 11.26 (2) (a) of the statutes is amended to read:

AB355,15,13 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, 4 percent of the value of the disbursement level specified in the schedule under s. 11.31 (1), as adjusted under s. 11.31 (9).

AB355, s. 26 Section 26. 11.26 (9) (a) of the statutes is amended to read:

AB355,15,20 11.26 (9) (a) No individual who is a candidate for state or local office may receive and accept more than 65 percent of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided in s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.

AB355, s. 27 Section 27. 11.26 (9) (b) of the statutes is amended to read:

AB355,16,2 11.26 (9) (b) No individual who is a candidate for state or local office may receive and accept more than 45 percent of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided in s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.

AB355, s. 28 Section 28. 11.26 (9) (c) of the statutes is repealed.

AB355, s. 29 Section 29. 11.26 (10) of the statutes is repealed.

AB355, s. 30 Section 30. 11.26 (13) of the statutes is repealed.

AB355, s. 31 Section 31. 11.26 (17) (a) of the statutes is amended to read:

AB355,16,9 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (2), and (9) and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.

AB355, s. 32 Section 32. 11.31 (title) of the statutes is amended to read:

AB355,16,11 11.31 (title) Disbursement levels and limitations; calculation.

AB355, s. 33 Section 33. 11.31 (1) (intro.) of the statutes is amended to read:

AB355,16,17 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. Except as provided in sub. (2), such The levels are subject to adjustment under sub. (9). The levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.

AB355, s. 34 Section 34. 11.31 (2) and (2m) of the statutes are repealed.

AB355, s. 35 Section 35. 11.31 (3) of the statutes is repealed.

AB355, s. 36 Section 36. 11.31 (3m) of the statutes is repealed.

AB355, s. 37 Section 37. 11.31 (4) of the statutes is amended to read:

AB355,17,5 11.31 (4) Allocation. Except as provided in sub. (3m), whenever Whenever a separate disbursement level is specified for a primary and election under sub. (1), a candidate who disburses less than the authorized level in the primary may not reallocate the balance to increase the level in the election. Whenever a separate disbursement level is not specified for a primary and election under sub. (1), a candidate may allocate disbursements between the primary and election campaign within the total level of disbursements specified in sub. (1) in any proportion desired, and may carry over unexpended contributions from a primary campaign to an election campaign.

AB355, s. 38 Section 38. 11.31 (6) of the statutes is repealed.

AB355, s. 39 Section 39. 11.31 (7) (b) of the statutes is amended to read:

AB355,17,10 11.31 (7) (b) Disbursements which are made before a campaign period for goods to be delivered or services to be rendered in connection with the campaign are charged against the disbursement limitation level for that campaign.

AB355, s. 40 Section 40. 11.31 (7) (c) of the statutes is amended to read:

AB355,17,14 11.31 (7) (c) Disbursements which are made after a campaign to retire a debt incurred in relation to a campaign are charged against the disbursement limitation level for that campaign.

AB355, s. 41 Section 41. 11.31 (8) of the statutes is amended to read:

AB355,17,20 11.31 (8) Certain contributions excluded. The limitations imposed levels specified under this section do not apply to a gift of anything of value constituting a contribution made directly to a registrant by another, but the limitations levels shall apply to such gift when it is received and accepted by the recipient or, if received in the form of money, when disbursed.

AB355, s. 42 Section 42. 11.31 (9) of the statutes is created to read:

AB355,17,25 11.31 (9) Adjustment of disbursement levels. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB355,18,15 (b) The dollar amounts of the levels specified in sub. (1) are subject to a biennial adjustment to be determined by rule of the board in accordance with this paragraph. To determine the adjustment, the board shall, in each year that the adjustment is made, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2009. For each biennium, the board shall multiply the amount of each level specified under sub. (1) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable level under sub. (1), round each sum to the nearest multiple of $5, and adjust the amount of each level to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this paragraph. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this paragraph may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare and without a finding of emergency.

AB355, s. 43 Section 43. 11.31 (10) of the statutes is amended to read:

AB355,18,20 11.31 (10) Surplus materials excluded. Disbursements constituting surplus materials acquired in connection with a previous campaign of a candidate are not subject to limitation by included in the levels specified in this section, if the materials were previously reported as a disbursement by that candidate.

AB355, s. 44 Section 44. 11.38 (6) of the statutes is amended to read:

AB355,18,25 11.38 (6) Any individual or campaign treasurer who receives funds in violation of this section shall promptly return such funds to the contributor , or donate the funds to the common school fund or a charitable organization, at the individual's or treasurer's option.

AB355, s. 45 Section 45. 11.50 of the statutes is repealed.

AB355, s. 46 Section 46. 11.51 of the statutes is created to read:

AB355,19,7 11.51 Clean elections fund grants. (1) Any candidate for a state office, other than the office of court of appeals judge, circuit judge, or district attorney, whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at an election may qualify to receive a grant from the clean elections fund by fulfilling the requirements of this section.

AB355,19,15 (2) (a) To qualify to receive a grant from the clean elections fund, a candidate shall obtain and deposit with the state treasurer the number of qualifying contributions specified in this subsection, in the amount of $5 each, each of which shall be received from an elector of this state and, in the case of a candidate for legislative office, an elector of the district in which the candidate seeks office. The name and address of each elector making a qualifying contribution shall be identified in a report filed with the board as provided in s. 11.06 (1) (a). The number of required qualifying contributions for a candidate for each office is:

AB355,19,16 1. Governor, 3,000.

AB355,19,17 2. Lieutenant governor, 750.

AB355,19,18 3. Attorney general, 1,050.

AB355,19,19 4. State treasurer, 375.

AB355,19,20 5. Secretary of state, 375.

AB355,19,21 6. State superintendent, 375.

AB355,19,22 7. Justice, 450.

AB355,19,23 8. State senator, 150.

AB355,19,24 9. Representative to the assembly, 100.

AB355,20,6 (b) In addition to the requirements imposed under par. (a), a candidate for a state office does not qualify to receive a grant for a general or partisan special election unless the candidate is the nominee of a recognized political party for that office or the candidate receives at least 1 percent of the total vote cast for all candidates on all ballots for the same office at the September primary, or at a special primary if a special primary is held.

AB355,20,14 (3) Prior to notification that a candidate has qualified to receive a grant from the clean elections fund under sub. (7), a candidate may accept seed money contributions from individuals. The total seed money contributions accepted by a candidate from one contributor, including any seed money contributions made by a candidate to his or her own campaign, may not exceed $100. The total seed money contributions accepted by a candidate during the candidate's campaign, as defined in s. 11.26 (17), may not exceed, in the aggregate, the following amount for the office sought by candidate:

AB355,20,15 (a) Governor, $50,000.

AB355,20,16 (b) Lieutenant governor, $12,500.

AB355,20,17 (c) Attorney general, $17,500.

AB355,20,18 (d) State treasurer, $6,250.

AB355,20,19 (e) Secretary of state, $6,250.

AB355,20,20 (f) State superintendent, $6,250.

AB355,20,21 (g) Justice, $7,500.

AB355,20,22 (h) State senator, $2,500.

AB355,20,23 (i) Representative to the assembly, $1,500.

AB355,20,25 (4) A contributor who makes a qualifying contribution may also make a seed money contribution in the full amount authorized under sub. (3).

AB355,21,5 (5) A candidate shall remit to the state treasurer all seed money contributions received by the candidate that are unencumbered on the day the candidate receives notification of qualification for a grant under sub. (7). The state treasurer shall deposit all seed money contributions received under this subsection into the clean elections fund.

AB355,21,8 (6) No candidate who accepts a grant from the clean elections fund may accept any seed money contribution under sub. (3) after receiving notification of qualification for a grant under sub. (7).

AB355,21,19 (7) To qualify to receive a grant from the clean elections fund, a candidate shall file an application with the board, no later than a time specified by the board by rule, in which the candidate shall affirm that he or she has not accepted and agrees not to accept a contribution from any source other than a contribution required under sub. (2), a contribution authorized under sub. (3), and the candidate's grant from the clean elections fund during the campaign of the candidate, as defined in s. 11.31 (7). If the candidate desires to receive grant payments by electronic transfer, the candidate shall include in his or her application sufficient information and authorization for the state treasurer to transfer payments to his or her campaign depository account. The board shall notify each candidate who qualifies to receive a grant from the clean elections fund as promptly as possible following qualification.

AB355,21,24 (8) (a) The board shall distribute primary election grants from the clean elections fund to each candidate who qualifies to receive a grant under this section as soon as possible preceding the date on which the primary election is held for the office that the candidate seeks or the date on which the primary election would be held if a primary election were required to be held.

AB355,22,5 (b) The board shall distribute grants for the spring, general, and any special election from the clean elections fund to each candidate who qualifies to receive a grant under this section as soon as possible after the date of the primary election for the office sought by the candidate, or the date on which the primary election would be held if a primary election were required to be held.

AB355,22,8 (9) A candidate who receives a grant from the clean elections fund shall file with the board reports of all disbursements made in the manner provided under s. 11.06 (1) (g), without regard to the amounts thereof.

AB355,22,13 (10) (a) Except as provided in par. (b) and subs. (11) to (13), a candidate who qualifies to receive a grant from the clean elections fund under this section shall receive a grant in the following amount for the office sought by the candidate and for the election specified, less the aggregate amount of contributions accepted by the candidate under sub. (3): - See PDF for table

AB355,23,11 (b) If a candidate does not have an opponent who has qualified to have his or her name appear on the ballot at the election for which a grant is to be applied, the candidate shall receive a grant for a primary election equal to the average total disbursements made per candidate in primary election campaign periods, as determined by the board from reports filed by or on behalf of those candidates in accordance with s. 11.31 (5), for the office that the candidate seeks during the 4-year period preceding the date of the primary election, or a grant for a spring, general, or special election equal to the average total disbursements made per candidate in general and special election campaign periods, as determined by the board from reports filed by or on behalf of those candidates in accordance with s. 11.31 (5), for the office that the candidate seeks during the 4-year period preceding the date of the spring, general, or special election, except that a candidate for the office of governor shall receive a grant of $100,000 for a primary election and a grant of $200,000 for a general election.

AB355,23,14 (11) (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB355,24,6 (b) The dollar amounts of the grants specified in sub. (10) (a) and the grants specified for the office of governor in sub. (10) (b) are subject to a biennial cost-of-living adjustment to be determined by rule of the board in accordance with this paragraph. To determine the adjustment, the board shall, as soon as possible after the end of each odd-numbered year, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2009. For each biennium, the board shall multiply the amount of each grant specified in sub. (10) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable grant amount under sub. (10), round each sum to the nearest multiple of $5, and adjust the amount of each grant to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this paragraph. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this paragraph may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare, and without a finding of emergency.

AB355,24,16 (12) If any disbursement is made or any obligation to make a disbursement is incurred to make a communication identified in s. 11.01 (16) (a) 3. by any person in opposition to a candidate who receives a grant from the clean elections fund or in support of an opponent of such a candidate whose name is certified to appear on the same ballot, then the candidate who receives a grant shall receive an additional grant in the total amount of the obligations incurred and the disbursements made that were not previously reported as obligations, as reported to the appropriate filing officer under s. 11.12 (6) (b), but not to exceed, in combination with any additional grant payable to that candidate under sub. (13), 2.5 times the amount payable to the candidate under sub. (10), as adjusted under sub. (11).

AB355,25,5 (13) If a candidate who receives a grant from the clean elections fund is opposed on a primary or election ballot by another candidate who does not receive a grant or by another candidate who the board determines has violated his or her agreement under sub. (7), the candidate who receives a grant shall receive an additional grant in the amount by which the disbursements made by the other candidate exceed the amount of the grant payable for the office sought by the candidate in that election under sub. (10), as adjusted under sub. (11), but not to exceed, in combination with any additional grant payable to that candidate under sub. (12), 2.5 times the amount payable to the candidate under sub. (10), as adjusted under sub. (11). If a candidate who receives a grant from the clean elections fund is opposed on a primary or election ballot by more than one candidate who does not receive a grant or who the board determines has violated his or her agreement under sub. (7), the amount of the grant payable under this subsection is the largest amount that would be payable by reason of any candidate's opposition.

AB355,25,11 (14) If a candidate who makes an agreement under sub. (7) does not adhere to the agreement, the candidate shall forfeit an amount equivalent to any grant from the clean elections fund that is provided to the candidate and the candidate may be fined not more than 3 times the amount of any contributions received by the candidate in his or her campaign, as defined in s. 11.26 (17), exclusive of the amount of any grant or any contributions deposited under sub. (2) or received under sub. (3).

AB355,25,18 (15) No later than the first day of the first month beginning at least 15 days after an election at which a candidate receives a grant from the clean elections fund, the candidate shall return to the state treasurer any amount of the grant remaining in the candidate's campaign depository account, except that a candidate who receives a grant at a primary election need not return any amount under this subsection if the candidate qualifies to receive a grant at the succeeding spring, general, or special election.

AB355,25,19 (16) The board may promulgate rules required to implement this section.

AB355, s. 47 Section 47. 14.58 (20) of the statutes is amended to read:

AB355,25,23 14.58 (20) Election campaign Clean elections fund. Make disbursements to each candidate certified under s. 7.08 (2) (c) or (cm) by the elections board as eligible to receive moneys a grant from the Wisconsin election campaign clean elections fund.

AB355, s. 48 Section 48 . 14.58 (20) of the statutes, as affected by 2007 Wisconsin Acts 1 and .... (this act), is amended to read: