Amendment SSA1-SB7

SB7-SSA1, s. 77 Section 77. 11.50 (2) (i) of the statutes is amended to read:

SB7-SSA1,35,12 11.50 (2) (i) Notwithstanding par. (g), if an eligible candidate at the spring election or a special nonpartisan election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive at least 6% 2% of the vote cast for all candidates for the same office on all ballots at the September primary or a special partisan primary if a primary was held, and in either case if any such opponent of the eligible candidate does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution limitations prescribed in s. 11.26 (10) and the disbursement limitation prescribed under s. 11.31, unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m).

SB7-SSA1, s. 78 Section 78. 11.50 (2) (j), (k) and (m) of the statutes are created to read:

SB7-SSA1,36,2 11.50 (2) (j) Any eligible political party committee may file an application with the board requesting approval for a grant to be provided to the committee for any general election campaign period. The application shall be filed no later than the deadline provided under s. 8.15 (1) for filing nomination papers for that election. The application shall contain a sworn statement, signed by the chairperson of the committee, that the committee will comply with the disbursement limitation prescribed for the committee under s. 11.31 (2r) at all times to which the limitation applies, unless the board determines that the committee is not eligible to receive a grant, or unless the committee withdraws its application under par. (k) or unless par. (m) applies. The board shall approve an application under this paragraph if the application is timely and the financial reports filed with the board as of the time of disbursement of a grant indicate that the statement filed by the committee under this paragraph is true.

SB7-SSA1,36,8 (k) An eligible political party committee which files an application under par. (j) may file a written withdrawal of the application. A withdrawal of an application may be filed with the board no later than the 7th day after the date of the September primary. If an application is withdrawn in accordance with this paragraph, the committee withdrawing the application is no longer bound by the statement filed under par. (j) after the date of the withdrawal.

SB7-SSA1,36,12 (m) If an eligible political party committee accepts a grant under this section and the other eligible political party committee does not accept a grant, the political party committee which accepts a grant is not bound by the pledge made in its application to adhere to the disbursement limitation prescribed under s. 11.31 (2r).

SB7-SSA1, s. 79 Section 79. 11.50 (2m) of the statutes is created to read:

SB7-SSA1,36,18 11.50 (2m) Public Information. (a) Annually, no later than August 15, the board may notify the state treasurer that an amount not exceeding 5% of the amount transferred to the fund in that year shall be placed in a public information account. Moneys in this account shall be expended by the board for the purpose of providing public information concerning the purpose and effect of s. 71.10 (3) and this section.

SB7-SSA1,36,22 (b) As part of the public information program under par. (a), the board shall prepare an easily understood description of the purpose and effect of s. 71.10 (3) and this section. The department of revenue shall include and highlight the description in its income tax preparation instructions relating to s. 71.10 (3).

SB7-SSA1,36,24 (c) Any amount placed in the public information account that is not expended by the board in any year shall be retained in that account.

SB7-SSA1, s. 80 Section 80. 11.50 (3) (a) (intro.) of the statutes is amended to read:

SB7-SSA1,37,3 11.50 (3) (a) (intro.) Annually on August 15, Immediately after apportionment under sub. (2m), the state treasurer shall annually apportion all moneys appropriated to the fund shall be apportioned as follows by the state treasurer:

SB7-SSA1, s. 81 Section 81. 11.50 (3) (a) 1. and 2. of the statutes are amended to read:

SB7-SSA1,37,9 11.50 (3) (a) 1. If an election for state superintendent is scheduled in the following year, 8% 7% of the fund shall be placed in a superintendency account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer, except as provided in par. (c) and sub. (9) (b).

SB7-SSA1,37,13 2. If an election for justice is scheduled in the following year, 8% 7% of the fund shall be placed in a supreme court account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer, except as provided in par. (c) and sub. (9) (b).

SB7-SSA1, s. 82 Section 82. 11.50 (3) (c) of the statutes is created to read:

SB7-SSA1,37,24 11.50 (3) (c) If an eligible candidate for state superintendent or justice who receives and accepts a grant is opposed by an opponent whose name appears on a spring or special election ballot, and the board notifies the eligible candidate under s. 11.12 (6) (a) that an individual or committee acting independently has incurred or intends to incur an obligation or has made or intends to make a disbursement in opposition to the eligible candidate or in support of his or her opponent specified in this paragraph, the eligible candidate shall receive a supplementary grant equivalent to the amount of the proposed or actual obligation or disbursement. The board shall direct the state treasurer to make payment of the supplementary grant within 5 days after receipt of a report specified in this paragraph.

SB7-SSA1, s. 83 Section 83. 11.50 (4) (a) of the statutes is amended to read:

SB7-SSA1,38,3 11.50 (4) (a) In the partisan campaign account, 25% 22% of the moneys shall be apportioned into an executive campaign account and 75% 70% of the moneys shall be apportioned into a legislative and special election campaign account.

SB7-SSA1, s. 84 Section 84. 11.50 (4) (c), (cm) and (d) of the statutes are amended to read:

SB7-SSA1,38,11 11.50 (4) (c) The legislative and special election campaign account shall be divided into a senate campaign account to receive 25% of the moneys, and an assembly campaign account to receive 75% of the moneys. Each account shall then be apportioned between all eligible candidates for the same office in the entire state, based on the assumption that all candidates who are eligible under sub. (2) (bm) 1. will also be eligible under sub. (2) (bm) 2. No apportionment shall be made by legislative district, except as provided in par. (e).

SB7-SSA1,38,21 (cm) Each Except as provided in par. (e) and subs. (2) (bm) and (9) (b), each eligible candidate for the same office at a special election shall receive an equal amount, which amount shall be equivalent to the maximum grant which was payable to any candidate for that office at the most recent spring or general election. The amount shall be drawn from the senate campaign account and the assembly campaign account in the same proportions as the balance in each account bears to the total balance in both accounts at the time that payments are made. Whenever there are insufficient moneys in the senate campaign account and the assembly campaign account to make the payments required by this paragraph, payments shall be appropriately reduced or discontinued by the board.

SB7-SSA1,39,2 (d) Within Except as provided in par. (e) and sub. (9) (b), within the accounts established under this subsection for each office at each general election, the entire amount of all available moneys shall be apportioned equally to all eligible candidates, based on the assumption that all candidates who are eligible under sub. (2) (bm) 1. will also be eligible under sub. (2) (bm) 2.

SB7-SSA1, s. 85 Section 85. 11.50 (4) (dm) of the statutes is created to read:

SB7-SSA1,39,6 11.50 (4) (dm) After apportionment under par. (a), the remaining moneys in the partisan campaign account shall be transferred to a political party committee account.

SB7-SSA1, s. 86 Section 86. 11.50 (4) (e) of the statutes is created to read:

SB7-SSA1,39,17 11.50 (4) (e) If an eligible candidate for state office who receives and accepts a grant is opposed by an opponent who meets the applicable vote qualification requirement under sub. (1) (a), and the board notifies the eligible candidate under s. 11.12 (6) (a) that an individual or committee acting independently has incurred or intends to incur an obligation or has made or intends to make a disbursement in opposition to the eligible candidate or in support of his or her opponent specified in this paragraph, the eligible candidate shall receive a supplementary grant equivalent to the amount of the proposed or actual obligation or disbursement. The board shall direct the state treasurer to make payment of the supplementary grant within 5 days after receipt of a report specified in this paragraph.

SB7-SSA1, s. 87 Section 87. 11.50 (5) of the statutes is renumbered 11.50 (5) (a).

SB7-SSA1, s. 88 Section 88. 11.50 (5) (b) of the statutes is created to read:

SB7-SSA1,39,22 11.50 (5) (b) The state treasurer shall make disbursements to the campaign depository account of each eligible political party committee no later than the end of the 3rd business day following notice from the board under s. 7.08 (2) (cn).

SB7-SSA1, s. 89 Section 89. 11.50 (6) of the statutes is amended to read:

SB7-SSA1,40,3 11.50 (6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate under subs. (3) and (4) are more than the amount which a candidate may accept under sub. (9), more than the amount for which the candidate qualifies under sub. (2) (bm), or more than the amount which a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.

SB7-SSA1, s. 90 Section 90. 11.50 (7) of the statutes is renumbered 11.50 (7) (a).

SB7-SSA1, s. 91 Section 91. 11.50 (7) (b) of the statutes is created to read:

SB7-SSA1,40,8 11.50 (7) (b) If a grant is used to purchase an advertisement from a broadcast communications medium, the advertisement may not include any voice other than the voice of the eligible candidate to whom the grant is provided.

SB7-SSA1, s. 92 Section 92. 11.50 (8) of the statutes is amended to read:

SB7-SSA1,40,18 11.50 (8) Lapsing grants. All grants disbursed under sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys that are unspent and unencumbered by a candidate or political party committee on the day after the election in which the candidate or committee participates shall revert to the state. All deposits and refunds derived from grant moneys that are received by a candidate or political party committee at any time after the day of the election in which the candidate or committee participates shall revert to the state. All reversions shall be returned to the board by the candidate or political party committee and shall be deposited by the board in the fund.

SB7-SSA1, s. 93 Section 93. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:

SB7-SSA1,41,7 11.50 (9) (a) The total grant available to an eligible candidate who does not receive a supplementary grant under par. (b) or sub. (3) (c) or (4) (e) may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, and political party committees and legislative campaign committees, is equal to 45% 50% of the disbursement level specified for candidates for the applicable office other than candidates challenging incumbent officeholders, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9). The total grants available to an eligible candidate who receives a supplementary grant under par. (b) or sub. (3) (c) or (4) (e) may not exceed the amount authorized under s. 11.26 (9) (a). For the purposes of this paragraph, all contributions transferred to the candidate by a conduit shall be considered to have been accepted from a source other than an individual or political party committee.

SB7-SSA1,41,11 (c) The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

SB7-SSA1, s. 94 Section 94. 11.50 (9) (b) of the statutes is created to read:

SB7-SSA1,41,22 11.50 (9) (b) If an eligible candidate who accepts a grant is opposed by one or more eligible candidates in the election who do not accept a grant under this section, the total grant available to the eligible candidate shall be increased by an amount equal to 50% of the disbursement level specified for candidates for the applicable office other than candidates challenging incumbent officeholders, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9), unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m). The board shall direct the state treasurer to make payment of the supplementary grant within 5 days after it determines that a candidate qualifies to receive the grant under this paragraph.

SB7-SSA1, s. 95 Section 95. 11.50 (9) (e) and (g) of the statutes are created to read:

SB7-SSA1,41,25 11.50 (9) (e) Except as provided in par. (g), the total grant available to an eligible political party in a general election campaign period is $100,000.

SB7-SSA1,42,12 (g) If an eligible political party committee qualifies for and receives a grant and the other eligible political party committee does not qualify for and receive a grant, the political party committee that receives a grant shall receive a supplementary grant of $200,000. If an eligible political party committee qualifies for and receives a grant for a general election campaign period and adheres to its pledge not to exceed the disbursement limitation prescribed under s. 11.31 (2r) for that period but the board determines that the other eligible political party committee in the same house of the legislature has not adhered to its pledge not to exceed the disbursement limitation prescribed under s. 11.31 (2r) for that period, the political party committee that adhered to its pledge shall receive an additional supplementary grant in an amount equal to the excess disbursements made by the other political party committee.

SB7-SSA1, s. 96 Section 96. 11.50 (11) (e) of the statutes is amended to read:

SB7-SSA1,42,17 11.50 (11) (e) No candidate or political party committee may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or, (i) , or (m).

SB7-SSA1, s. 97 Section 97. 11.50 (12) of the statutes is amended to read:

SB7-SSA1,43,2 11.50 (12) Proof of payment. No later than the next due date for continuing reports under s. 11.20 (4) which occurs at least 30 days after an election in which a candidate or political party committee receives a grant, or no later than 30 days after each special election in which a candidate receives a grant, whichever is earlier, the candidate or his or her the campaign treasurer of the candidate or committee shall deliver or transmit to the board, by 1st class mail, sufficient proof of payment for all disbursements made from grants distributed under this section. This subsection does not restrict the authority of the board to audit records under ss. 5.05 (2) and 13.94 (1) (k).

SB7-SSA1, s. 98 Section 98. 11.60 (1) of the statutes is amended to read:

SB7-SSA1,43,6 11.60 (1) Any Except as provided in sub. (3m), any person, including any committee or group, who or which violates this chapter may be required to forfeit not more than $500 for each violation.

SB7-SSA1, s. 99 Section 99. 11.60 (3m) of the statutes is created to read:

SB7-SSA1,43,13 11.60 (3m) Any person, including any committee or group, who or which violates s. 11.095 in respect to any telephone communication in which the caller engages in persuasive telephoning shall forfeit $1 for each such telephone communication with an individual that is subject to disclosure under s. 11.095 which the person fails to disclose under that section within the time prescribed under that section.

SB7-SSA1, s. 100 Section 100. 11.60 (3n) and (3p) of the statutes are created to read:

SB7-SSA1,43,22 11.60 (3n) Notwithstanding sub. (1), if an individual who or committee which is required to file a report under s. 11.12 (6) files a report under that subsection which overstates the amount of a disbursement made or obligation incurred by the individual or committee in support of or in opposition to any candidate by more than 5% of the amount reported under that subsection, the individual or committee shall forfeit an amount equal to treble the difference between the amount of the disbursement actually made or the obligation actually incurred and the amount reported.

SB7-SSA1,44,5 (3p) Notwithstanding sub. (1), if an individual who or committee which is required to file a report under s. 11.12 (6) files a report under that subsection which understates the amount of a disbursement made or obligation incurred by the individual or committee in support of or in opposition to any candidate by more than 5% of the amount reported under that subsection, the individual or committee shall forfeit an amount equal to treble the difference between the amount of the disbursement actually made or the obligation actually incurred and the amount reported.

SB7-SSA1, s. 101 Section 101. 11.60 (4) of the statutes is amended to read:

SB7-SSA1,44,20 11.60 (4) Actions under this section arising out of an election for state office or a statewide referendum may be brought by the board or by the district attorney of the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for local office or local referendum may be brought by the district attorney of the county where the violation is alleged to have occurred. In addition, whenever a candidate or personal campaign committee or agent of a candidate is alleged to have violated this chapter, action may be brought by the district attorney of any county any part of which is contained within the jurisdiction or district in which the candidate seeks election. If a violation concerns a district attorney or circuit judge or candidate for such offices, the action shall be brought by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent of the attorney general and need not be a state employe at the time of appointment.

SB7-SSA1, s. 102 Section 102. 11.61 (1) (a) of the statutes is amended to read:

SB7-SSA1,44,24 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned not more than 3 years or both.

SB7-SSA1, s. 103 Section 103. 11.61 (1) (d) of the statutes is created to read:

SB7-SSA1,45,2 11.61 (1) (d) Any treasurer of a committee or group which violates s. 11.095 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB7-SSA1, s. 104 Section 104. 11.61 (1) (e) of the statutes is created to read:

SB7-SSA1,45,9 11.61 (1) (e) Any treasurer of a committee which is required to file a report under s. 11.12 (6) and which files a report under that subsection which overstates or understates the amount of a disbursement made or obligation incurred by the committee in support of or in opposition to any candidate by more than 5% of the amount reported under that subsection may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB7-SSA1, s. 105 Section 105. 13.14 (3) of the statutes is amended to read:

SB7-SSA1,45,15 13.14 (3) Travel; legislative personnel. The actual and necessary expenses of legislative policy research personnel, assistants to legislators and research staff assigned to legislative committees and party caucuses incident to attending meetings outside the capital shall be reimbursed from the appropriation under s. 20.765 (1) (a) or (b).

SB7-SSA1, s. 106 Section 106. 13.20 (1) of the statutes is amended to read:

SB7-SSA1,45,23 13.20 (1) Number and pay range of legislative employes. The legislature or either house thereof may employ under the unclassified service such policy research personnel, assistants to legislators, research staff assigned to legislative committees and party caucuses and such clerical, professional or other assistants as in the judgment of the joint committee on legislative organization or the committee on organization in each house are necessary to enable it to perform its functions and duties and to best serve the people of this state.

SB7-SSA1, s. 107 Section 107. 13.625 (1) (b) 3. of the statutes is amended to read:

SB7-SSA1,46,5 13.625 (1) (b) 3. Food, meals, beverages, money or any other thing of pecuniary value, except that a lobbyist may make a campaign contribution to a partisan elective state official or candidate for national, state or local office or to the official's or candidate's personal campaign committee; but a lobbyist may make a contribution to which par. (c) applies only as authorized in par. (c).

SB7-SSA1, s. 108 Section 108. 13.625 (1) (c) (intro.) of the statutes is renumbered 13.625 (1) (c) and amended to read:

SB7-SSA1,46,16 13.625 (1) (c) Except as permitted in this subsection, make Make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official for the purpose of promoting the official's election to any national, state or local office, or to a candidate for a partisan elective state office to be filled at the general election or a special election, or the official's or candidate's personal campaign committee. A campaign contribution to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee may be made in the year of a candidate's election between June 1 and the day of the general election, except that:

SB7-SSA1, s. 109 Section 109. 13.625 (1) (c) 1. and 2. of the statutes are repealed.

SB7-SSA1, s. 110 Section 110. 13.625 (2) of the statutes is amended to read:

SB7-SSA1,47,3 13.625 (2) No principal may engage in the practices prohibited under sub. (1) (b) and (c) except that a principal may make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee in the year of an official's or candidate's election between June 1 and the day of the general election unless, in the case of a member of the legislature or candidate for legislative office, the legislature has not concluded its final floorperiod or is in special or extraordinary session. This subsection does not apply to the furnishing of transportation, lodging, food, meals, beverages or any other thing of pecuniary value which is also made available to the general public.

SB7-SSA1, s. 111 Section 111. 13.625 (6) of the statutes is amended to read:

SB7-SSA1,47,14 13.625 (6) Subsections (1) (b) and (c), (2) and (3) do not apply to the furnishing of anything of pecuniary value by an individual who is a lobbyist or principal to a relative of the individual or an individual who resides in the same household as the individual, nor to the receipt of anything of pecuniary value by that relative or individual residing in the same household as the individual. Subsections (1) (b), (2) and (3) do not apply to the furnishing of anything of pecuniary value, except a campaign contribution, as defined in s. 11.01 (6), by a lobbyist to a relative of the lobbyist or an individual who resides in the same household as the lobbyist, nor to the receipt of any such thing by that relative or individual residing in the same household as the individual.

SB7-SSA1, s. 112 Section 112. 15.07 (1) (a) 2. of the statutes is repealed.

SB7-SSA1, s. 113 Section 113. 15.07 (3) (a) of the statutes is amended to read:

SB7-SSA1,47,23 15.07 (3) (a) If a department or independent agency is under the direction and supervision of a board, the board shall meet quarterly and at other times required by law, and may meet at other times on the call of the chairperson or a majority of its members. If a department or independent agency is under the direction and supervision of a board, the board shall, in addition, meet no later than August 31 of each even-numbered year to consider and approve a proposed budget of the department or independent agency for the succeeding fiscal biennium.

SB7-SSA1, s. 114 Section 114. 15.61 of the statutes is amended to read:

SB7-SSA1,48,13 15.61 Elections board; creation. There is created an elections board consisting of persons who shall be 6 members appointed by the governor for 2-year 6-year terms as follows: one member selected by the governor; one member each designated by the chief justice of the supreme court, the speaker of the assembly, the senate majority leader, the minority leader in each house of the legislature, and the chief officer of each political party qualifying for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received at least 10% of the vote in the most recent gubernatorial election. No member may hold any other office or employment in the government of this state or any political subdivision thereof or in any department. No member, for one year immediately prior to the date of appointment, may have been, or while serving on the board may become, a member of a political party, an officer or member of a committee in any partisan political club or organization or a candidate for any partisan elective public office.

SB7-SSA1, s. 115 Section 115. 19.42 (10) (a) of the statutes is repealed.

SB7-SSA1, s. 116 Section 116. 20.510 (1) (d) of the statutes is created to read:

SB7-SSA1,48,21 20.510 (1) (d) Election campaign fund supplement. A sum sufficient to supplement the Wisconsin election campaign fund for the purpose of enabling all eligible candidates and political party committees to receive the maximum grant for which the candidates and committees qualify under s. 11.50 (9), to be transferred to the Wisconsin election campaign fund no later than the time required to enable timely payments to be made under s. 11.50 (5).

SB7-SSA1, s. 117 Section 117. 20.510 (1) (i) of the statutes is created to read:

SB7-SSA1,48,25 20.510 (1) (i) Electronic filing software. All moneys received from registrants who purchase software to be utilized for electronic filing of campaign finance reports under s. 11.21 (16), for the purpose of providing that software.

SB7-SSA1, s. 118 Section 118. 20.510 (1) (q) of the statutes is amended to read:

SB7-SSA1,49,6 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropriation, from the Wisconsin election campaign fund, the moneys determined under s. 11.50 to provide for payments to eligible candidates and political party committees whose names are certified under s. 7.08 (2) (c), (cm) and (cn) and to provide for public information as authorized under s. 11.50 (2m).