8. Recall committees.
Each entity required to register must appoint a treasurer or, in the case of a
conduit, an administrator to comply with the registration and reporting
requirements under the bill. A candidate may serve as the treasurer of his or her
candidate committee, but the candidate may only accept contributions and make
disbursements through his or her committee.
The bill defines a "political action committee" as an entity that has express
advocacy as its major purpose or that uses more than 50 percent of its total spending
in a 12-month period on expenditures for express advocacy, expenditures made to
support or defeat a referendum, and contributions made to a candidate committee,
legislative campaign committee, or political party.
Under the bill "express advocacy" means communication that contains terms
such as the following with reference to a clearly identified candidate and that
unambiguously relates to the campaign of that candidate:
1. "Vote for".
4. "Cast your ballot for".
5. "Smith for ... (an elective office)".
6. "Vote against".
9. "Cast your ballot against".
The bill defines "independent expenditure committee" as any person, other
than an individual, or any permanent or temporary combination of persons
unrelated by marriage, that has as its major purpose the making of independent
expenditures or that uses more than 50 percent of its total spending in a 12-month
period on independent expenditures and expenditures made to support or defeat a
referendum. The bill defines "independent expenditure" as an expenditure for
express advocacy that is not made in coordination with a candidate, candidate
committee, candidate's agent, legislative campaign committee, or political party.
All committees required to register under the bill must file periodic reports with
the board. Each committee reports all contributions made and received,
disbursements made, and obligations incurred by the committee. Each conduit
reports all contributions released to support or oppose a candidate or committee.
Committees and conduits, generally, submit the following reports:
1. A preprimary report. Conduits are not required to submit these reports.
2. A preelection report. Conduits are not required to submit these reports.
3. With regard to a spring primary or spring election, a report filed on the 15th
day of January, April, July, and October.
4. With regard to other primaries and elections, or for those holding office not
up for election, in an odd-numbered year, a report on filed on the 15th day of January,
April, July, and October and, in the even numbered year, a report filed on the 15th
day of January, April, and July and on the fourth Tuesday in September.
Under the bill, if a political action committee, an independent expenditure
committee, or a person who is not otherwise subject to reporting spends $2,500 or
more in the aggregate on express advocacy during the period beginning 60 days prior
to an election and ending on the day of the election, the committee or person must
submit a report to the board no later than 72 hours after making the expenditures.
The report must provide all of the following:
1. The dates on which the committee or person made the expenditures.
2. The names and addresses of the persons who received the expenditures.
3. The purpose for making the expenditures.
4. The amount spent for each act of express advocacy.
5. The name of the candidate affected by the expenditures.
6. An affirmation, made under oath, that the person will comply with the
prohibition on coordination, as provided under the bill.
7. The name and address of the designated agent of the committee or person.
A person which is not a committee required to register under the bill does not
have to register simply because that person reports expenditures for express
advocacy made during the 60-day period prior to the election.
The bill doubles the contribution limits under current law applicable to
candidates for state or local office. Under the bill, every five years, beginning in 2021,
the board will adjust the contribution limits to reflect the percentage change in the
consumer price index during the preceding five-year period.
The bill allows the following contributions to be made in unlimited amounts:
1. Contributions to a political action committee.
2. Contributions transferred between political action committees.
3. Contributions to a legislative campaign committee, except that a political
action committee may contribute no more than $12,000 in any calendar year to a
legislative campaign committee.
4. Contributions to a political party, except that a political action committee
may contribute no more than $12,000 in any calendar year to a political party.
5. Contributions made by a political party or legislative campaign committee
to a candidate committee.
6. Contributions paid to a segregated fund established and administered by a
political party or legislative campaign committee for purposes other than making
contributions to a candidate committee.
7. Contributions that a candidate makes to his or her candidate committee from
the candidate's personal funds.
8. Contributions transferred between the candidates for governor and
lieutenant governor of the same political party.
9. Contributions used to pay legal fees and other expenses incurred as a result
of a recount.
10. Contributions used to pay legal fees and other expenses incurred in
connection with a recall.
11. Contributions to a recall committee.
12. Contributions to a referendum committee.
13. Contributions to an independent expenditure committee.
The bill prohibits corporations, cooperatives, labor organizations, and tribes
from contributing to committees, other than independent expenditure committees
and referendum committees. The bill allows corporations, cooperatives, labor
organizations, and tribes to contribute to a segregated fund established and
administered by a political party or legislative campaign committee for purposes
other than making contributions to a candidate committee.
The bill prohibits a person from making an expenditure for express advocacy
that is coordinated with a candidate, candidate committee, candidate's agent,
legislative campaign committee, or political party and that exceeds the contribution
limits or violates the source restrictions established in the bill. An expenditure for
express advocacy is coordinated with such individuals or entities if the individual or
entity exercises control over or engages in substantial discussions with the person
making the expenditure regarding the content, timing, form, or frequency of the
express advocacy. A coordinated expenditure must be reported by the candidate
committee as a contribution.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
"Political party" or "party" means a state committee registered under
3s. 11.05 organized exclusively for political purposes under whose name candidates
4appear on a ballot at any election, and all county, congressional, legislative, local and
5other affiliated committees authorized to operate under the same name. For
6purposes of ch. 11, the term does not include a legislative campaign committee or a
7committee filing an oath under s. 11.06 (7) has the meaning given in s. 11.0101 (26)
5.05 (2) Auditing.
In addition to the facial examination of reports and 10
statements required under s. 11.21 (13) 11.1304 (9)
, the board shall conduct an audit 11
of reports and statements which are required to be filed with it to determine whether 12
violations of ch. 11 have occurred. The board may examine records relating to 13
matters required to be treated in such reports and statements. The board shall make 14
official note in the file of a candidate,
, group or individual under ch. 11,
15as defined in s. 11.0101 (6),
of any error or other discrepancy which the board 16
discovers and shall inform the person submitting the report or statement. The board
17may not audit reports, statements, or records beyond the 3-year period for which a
18committee must retain records under ch. 11.
(d) 2. No employee of the board, while so employed, may become a 21
candidate, as defined in s. 11.01 (1) 11.0101 (1)
, for a state or partisan local office.
No individual who is retained by the board to serve as a special investigator or as 2
special counsel may, while so retained,
become a candidate, as defined in s. 11.01 (1) 311.0101 (1)
, for any state or local office. A filing officer shall decline to accept 4
nomination papers or a declaration of candidacy from any individual who does not 5
qualify to become a candidate under this paragraph.
(e) No individual who serves as an employee of the board and no 8
individual who is retained by the board to serve as a special investigator or a special 9
counsel may, while so employed or retained, make a contribution, as defined in s. 1011.01 (6),
to a candidate for state or local office. No individual who serves as an 11
employee of the board and no individual who is retained by the board to serve as a 12
special investigator or as special counsel, for 12 months prior to becoming so 13
employed or retained, may have made a contribution, as defined in s. 11.01 (6),
to a 14
candidate for a partisan state or local office. In this paragraph, contribution has the
15meaning given in s. 11.0101 (8).
5.05 (5e) Biennial report.
The board shall include in its biennial report under 18
s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a 19
summary of its determinations and advisory opinions issued under sub. (6a). Except 20
as authorized or required under sub. (5s) (f) 2., the board shall make sufficient 21
alterations in the summaries to prevent disclosing the identities of individuals or 22
organizations involved in the decisions or opinions. The board may also include in 23
its biennial report any information compiled under s. 11.21 (7) 11.1304 (14)
. The 24
board shall make such further reports on the matters within its jurisdiction and such 25
recommendations for further legislation as it deems desirable.
(b) No elector may direct that a ballot be sent to the address of a 3candidate, political party or other registrant committee registered with the board 4
under s. 11.05 chapter 11
unless the elector permanently or temporarily resides at 5
that address. Upon receipt of reliable information that an address given by an elector 6
is not eligible to receive ballots under this subsection, the municipal clerk shall 7
refrain from mailing or transmitting ballots to that address. Whenever possible, the 8
municipal clerk shall notify an elector if his or her ballot cannot be mailed or 9
transmitted to the address directed by the elector.
(d) Except as provided in s. 11.21 (11) (a), financial Financial
may be destroyed 6 years after the date of receipt. Financial registration statements 13
may be destroyed 6 years after termination of registration.
157.40 Sample ballots.
committee or candidate may
, at their 16its
own expense, and
subject to limitations upon contributions and disbursements 17
under ch. 11, may
print a supply of sample ballots, provided they bear on their each
18sample ballot includes on its
face the information required by s. 11.30 11.1303
(2) and 19they contain
all the names shown on the official ballot. In this section, committee
20has the meaning given in s. 11.0101 (6).
(em) Except as otherwise provided in this paragraph, write-in votes 23
shall only be counted if no candidates have been certified to appear on the ballot. If 24candidates have a candidate has
been certified to appear on the ballot, write-in votes 25
may only be counted for candidates who file a candidate that files a
under s. 11.05 (2g) 11.0202 (1) (a)
no later than noon on the 2
Friday immediately preceding the election. If a candidate certified to appear on the 3
ballot dies or withdraws before the election, all write-in votes shall be counted. 4
When write-in votes are counted, every vote shall be counted for the candidate for 5
whom it was intended, if the elector's intent can be ascertained from the ballot itself.
(j) 2. Upon receipt of the notice, each candidate shall file a declaration 8
of candidacy in the manner prescribed by s. 8.21 with the municipal clerk making the 9
notification no later than 5 p.m. on the 5th day after the notification is mailed or 10
personally delivered to the candidate by the municipal clerk, except as authorized 11
in this paragraph. If an incumbent whose name is certified as a nominee fails to file 12
a declaration of candidacy within the time prescribed by this paragraph, each 13
certified candidate for the office held by the incumbent, other than the incumbent, 14
may file a declaration of candidacy no later than 72 hours after the latest time 15
prescribed in this paragraph. If the candidate has not filed a registration statement 16
under s. 11.05 11.0202 (1) (a)
at the time of the notification, the candidate shall file 17
the statement with the declaration.
Nomination papers shall be accompanied by a declaration of candidacy 20
under s. 8.21. If a candidate has not filed a registration statement under s. 11.05 2111.0202 (1) (a)
at the time he or she files nomination papers, the candidate shall file 22
the statement with the papers. A candidate for state office or municipal judge shall 23
also file a statement of economic interests with the board under s. 19.43 (4) no later 24
than 4:30 p.m. on the 3rd day following the last day for filing nomination papers 25
under sub. (2) (a), or no later than 4:30 p.m. on the next business day after the last
day whenever that candidate is granted an extension of time for filing nomination 2
papers under sub. (2) (a).
(b) Nomination papers shall be accompanied by a declaration of 5
candidacy under s. 8.21. If a candidate for state or local office has not filed a 6
registration statement under s. 11.05 11.0202 (1) (a)
at the time he or she files 7
nomination papers, the candidate shall file the statement with the papers. A 8
candidate for state office shall also file a statement of economic interests with the 9
board under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day 10
for filing nomination papers under sub. (1), or no later than 4:30 p.m. on the next 11
business day after the last day whenever that candidate is granted an extension of 12
time for filing nomination papers under sub. (1).
(c) If the person is a candidate for state or local office, the person files 15
a registration statement under s. 11.05 11.0202 (1) (a)
Nomination papers shall be accompanied by a declaration of candidacy 18
under s. 8.21. If a candidate for state or local office has not filed a registration 19
statement under s. 11.05 11.0202 (1) (a)
at the time he or she files nomination papers, 20
the candidate shall file the statement with the papers. A candidate for state office 21
shall also file a statement of economic interests with the board under s. 19.43 (4) no 22
later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers 23
under sub. (8) (a), or no later than 4:30 p.m. on the next business day after the last 24
day whenever that candidate is granted an extension of time for filing nomination 25
papers under sub. (8) (a).
If no registration statement has been filed by or on behalf of a candidate 3
for state or local office in accordance with s. 11.05 (2g) or (2r) 11.0202 (1) (a)
by the 4
applicable deadline for filing nomination papers by such candidate, or the deadline 5
for filing a declaration of candidacy for an office for which nomination papers are not 6
filed, the name of the candidate may not appear on the ballot. This subsection may 7
not be construed to exempt a candidate from applicable penalties if he or she files a 8
registration statement later than the time prescribed in ss. 11.01 (1) and 11.05 (2g) 9s. 11.0202 (1) (a)
(a) If a vacancy occurs after nomination due to the death of a candidate 12
of a recognized political party for a partisan office, the vacancy may be filled by the 13
chairperson of the committee of the proper political party under s. 7.38, or the 14personal campaign candidate
committee, if any, in the case of independent 15
candidates. Similar vacancies in nominations of candidates for nonpartisan local 16
offices may be filled by the candidate's personal campaign a candidate
committee or, 17
if the candidate had there is
none, by the body which governs the local governmental 18
unit in which the deceased person was a candidate for office. The chairperson, chief 19
officer of the candidate
committee, or clerk of the body making an appointment shall 20
file a certificate of appointment with the official or agency with whom declarations 21
of candidacy for the office are filed. For purposes of this paragraph, the official or 22
agency need not recognize members of a personal campaign candidate
whose names were not filed under s. 11.05 11.0203 (1) (c)
prior to the death of the 24
(c) The official or agency with whom a proper certificate is filed under 2
par. (b) shall promptly notify the candidate who is nominated and transmit to the 3
candidate a declaration of candidacy form and, in the case of a candidate for state or 4
local office, a financial
registration statement form under s. 11.05 11.0203 (1)
. No 5
later than 5 p.m. on the 3rd day after notification of nomination is mailed or 6
personally delivered to the new nominee by the official or agency, the nominee shall 7
file a declaration of candidacy and, in the case of a candidate for state or local office, 8
a registration statement under s. 11.05 11.0203 (1)
. No later than 4:30 p.m. on the 9
3rd day after notification of nomination is mailed or personally delivered to a new 10
nominee for state office or municipal judge by the official or agency, the nominee shall 11
file a statement of economic interests under s. 19.43 (4). If the nominee fails to file 12
the declaration of candidacy, the official or agency may refuse to place the candidate's 13
name on the ballot. If the nominee fails to file the registration statement or 14
statement of economic interests, the official or agency may not place the candidate's 15
name on the ballot.
(c) The transfer treasurer of the former candidate's committee
18reported to the appropriate filing officer in a special report submitted by the former
19candidate's campaign treasurer submit to the appropriate filing officer a special
20report detailing the disposition of funds under par. (a) 1
. If the former candidate is 21
deceased and was serving as the treasurer of
his or her own campaign treasurer 22committee
, the former candidate's petitioner or personal representative shall file the 23
report. The report shall include a complete statement of all contributions, 24
and incurred obligations,
pursuant to s. 11.06 (1) 11.0204 (1),
covering the period from the day after the last date covered on the former candidate's 2
most recent report to the date of disposition.
(d) The newly appointed candidate shall file his or her report at the 5
next appropriate interval under s. 11.20 (2) or (4)
after his or her 6
appointment. The appointed candidate shall include any transferred funds in his or 7
her first report.