Amendment ASA1-AB843

LRBs0334/2

JTK/RJM/MES:kmg:pg

2001 - 2002 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2001 ASSEMBLY BILL 843

February 26, 2002 - Offered by Representatives Travis, Pocan, Cullen, Carpenter, Berceau, Turner, Bock, Sherman, Black, Meyerhofer, Schooff, Krug, J. Lehman, Plouff, Lassa, Gronemus, Hebl, Miller, Riley, Balow, Ryba, Morris-Tatum, Coggs, Wasserman and Colon.

AB843-ASA1,2,19 An Act to repeal 11.01 (12s), 11.05 (3) (o), 11.26 (9) (c), 11.265, 11.31 (2m), 11.50 (2) (h), 11.50 (2) (i) and 11.50 (3); to renumber 11.05 (2r) (title), 11.24 (2), 11.50 (1) (a) 1. and 11.50 (1) (a) 2.; to renumber and amend 11.05 (1), 11.05 (2), 11.05 (2r), 11.12 (6), 11.26 (9) (a), 11.26 (9) (b), 11.50 (9), 19.49 (5) and 19.59 (7); to amend 5.02 (13), 7.08 (2) (c) and (cm), 8.10 (3) (intro.), 8.15 (6) (intro.), 8.20 (4), 8.30 (2), 8.35 (4) (a) 1. a. and b., 8.35 (4) (c) and (d), 11.05 (3) (c), 11.05 (5), 11.05 (12) (b), 11.05 (13), 11.06 (1) (intro.), 11.06 (1) (e), 11.06 (2), 11.06 (4) (b), 11.06 (5), 11.06 (7m) (a), 11.06 (7m) (c), 11.06 (11) (c), 11.07 (1), 11.07 (5), 11.09 (3), 11.10 (1), 11.12 (2), 11.12 (4), 11.12 (5), 11.14 (3), 11.16 (2), 11.16 (5), 11.19 (title), 11.19 (1), 11.20 (1), 11.20 (7), 11.20 (9), 11.20 (10) (a), 11.20 (12), 11.21 (2), 11.21 (15), 11.21 (16), 11.22 (3), 11.23 (1), 11.23 (2), 11.25 (2) (b), 11.26 (1) (intro.), 11.26 (2) (intro.), 11.26 (2) (a), 11.26 (4), 11.26 (8), 11.26 (10), 11.26 (12m), 11.31 (1) (intro.), 11.31 (1) (a) to (d), 11.31 (1) (e) and (f), 11.31 (2), 11.31 (3), 11.38 (1) (a) 2., 11.38 (6), 11.38 (8) (b), 11.50 (2) (a), 11.50 (2) (b) 5., 11.50 (2) (c), 11.50 (2) (g), 11.50 (5), 11.50 (6), 11.50 (9) (title), 11.50 (11) (a), 11.50 (11) (e), 11.60 (4), 11.61 (1) (a), 19.53 (6), 19.59 (8) (c), 20.510 (1) (q), 25.42, 71.10 (3) (a) and 71.10 (3) (b); to repeal and recreate 11.05 (9) (title) and 11.50 (4); and to create 7.08 (2) (cs), 11.001 (2m), 11.01 (16) (a) 3., 11.05 (1) (b), 11.05 (2) (b), 11.05 (3) (m), 11.05 (3) (r), 11.06 (2m) (b) to (d), 11.12 (2m), 11.12 (6) (c) and (d), 11.12 (8) and (9), 11.20 (2s), 11.20 (2t), 11.24 (1w), 11.24 (4), 11.26 (2) (ad) to (au), 11.26 (8m), 11.26 (9) (a) 1. to 7., 11.26 (9) (b) 1. to 7., 11.31 (1) (de), 11.31 (1m), 11.31 (3p), 11.31 (9), 11.50 (1) (a) 1. (intro.), 11.50 (1) (a) 2m., 11.50 (1) (am), 11.50 (1) (bm) and (cm), 11.50 (2) (j), 11.50 (2m), 11.50 (2s), 11.50 (2w), 11.50 (4m), 11.50 (9) (b), (ba) and (bb), 11.50 (14), 11.60 (3s) and (3t), 13.625 (3m), 19.42 (3m), (4g) and (4r), 19.45 (13), 19.49 (1m), 19.49 (5) (b), 19.535, 19.59 (1) (br), 19.59 (7) (b), 19.59 (8) (cm) and (cn), 20.855 (4) (ba) and 806.04 (11m) of the statutes; relating to: campaign financing, official action in return for providing or withholding political contributions, services, or other things of value, lobbying regulation, designations for the Wisconsin election campaign fund by individuals filing state income tax returns, staffing of the elections board, providing exemptions from emergency rule procedures, granting rule-making authority, making appropriations, and providing penalties.

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

AB843-ASA1, s. 1 Section 1. 5.02 (13) of the statutes is amended to read:

AB843-ASA1,3,3 5.02 (13) "Political party" or "party" means a state committee registered under s. 11.05 and organized exclusively for political purposes under whose name candidates appear on a ballot at any election, and all county, congressional, legislative, local and other affiliated committees authorized to operate under the same name. For purposes of ch. 11, the term does not include a legislative campaign committee or a committee filing an oath under s. 11.06 (7).

AB843-ASA1, s. 2 Section 2. 7.08 (2) (c) and (cm) of the statutes are amended to read:

AB843-ASA1,3,15 7.08 (2) (c) As soon as possible after the canvass of the spring and September primary votes, but no later than the first Tuesday in March and the 4th Tuesday in September, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and whom who the board determines to be are eligible to receive payments from the Wisconsin election campaign fund. The board shall also electronically transmit a similar list of candidates who the board determines are eligible to receive a grant under s. 11.50 (9) (b), (ba), or (bb) within 24 hours after any candidate qualifies to receive such a grant. Each list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and the party or principle which he or she represents, if any.

AB843-ASA1,4,3 (cm) As soon as possible after the canvass of a special primary, or the date that the primary would be held, if required, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and whom who the board determines to be are eligible to receive a grant from the Wisconsin election campaign fund prior to the election. The board shall also transmit a similar list of candidates, if any, who have filed applications under s. 11.50 (2) and whom who the board determines to be are eligible to receive a grant under s. 11.50 (1) (a) 2. after the special election. The board shall electronically transmit a similar list of candidates who the board determines are eligible to receive a grant under s. 11.50 (9) (b), (ba), or (bb) within 24 hours after any candidate qualifies to receive such a grant. Each list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and the party or principle which he or she represents, if any.

AB843-ASA1, s. 3 Section 3. 7.08 (2) (cs) of the statutes is created to read:

AB843-ASA1,4,7 7.08 (2) (cs) In each even-numbered year, certify to the state treasurer for the period beginning with the month following certification and ending with the month in which the next certification is made by the board:

AB843-ASA1,4,11 1. No later than July 1, the name of each political party that qualifies under s. 11.50 (1) (am) 1. as an eligible political party as of the preceding June 1 and whose state chairperson has filed a request to establish an account for the party under s. 11.50 (2s) (a).

AB843-ASA1,4,15 2. No later than December 15, the name of each political party that qualifies under s. 11.50 (1) (am) 2. as an eligible political party as of the date of the preceding general election and whose state chairperson has filed a written request to establish an account for the party under s. 11.50 (2s) (a).

AB843-ASA1, s. 4 Section 4. 8.10 (3) (intro.) of the statutes is amended to read:

AB843-ASA1,4,21 8.10 (3) (intro.) The certification of a qualified elector under s. 8.15 (4) (a) shall be appended to each nomination paper. The Except as otherwise required under s. 11.50 (4m) for a candidate who seeks a grant from the Wisconsin election campaign fund, the number of required signatures on nomination papers filed under this section is:

AB843-ASA1, s. 5 Section 5. 8.15 (6) (intro.) of the statutes is amended to read:

AB843-ASA1,4,25 8.15 (6) (intro.) The Except as otherwise required under s. 11.50 (4m) for a candidate who seeks a grant from the Wisconsin election campaign fund, the number of required signatures on nomination papers shall be as follows:

AB843-ASA1, s. 6 Section 6. 8.20 (4) of the statutes is amended to read:

AB843-ASA1,5,8 8.20 (4) The Except as otherwise required under s. 11.50 (4m) for a candidate who seeks a grant from the Wisconsin election campaign fund, the number of required signatures on nomination papers for independent candidates shall be the same as the number specified in s. 8.15 (6). For independent presidential electors intending to vote for the same candidates for president and vice president, the number of required signatures shall be not less than 2,000 nor more than 4,000 electors.

AB843-ASA1, s. 7 Section 7. 8.30 (2) of the statutes is amended to read:

AB843-ASA1,5,16 8.30 (2) If no registration statement has been filed by or on behalf of a candidate for state or local office in accordance with s. 11.05 (2g) or (2r) by the applicable deadline for filing nomination papers by such the candidate, or the deadline for filing a declaration of candidacy for an office for which nomination papers are not filed, the name of the candidate may not appear on the ballot. This subsection may not be construed to exempt a candidate from applicable penalties if he or she files a registration statement later than the time prescribed in ss. 11.01 (1) and 11.05 (2g).

AB843-ASA1, s. 8 Section 8. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:

AB843-ASA1,5,25 8.35 (4) (a) 1. a. Donated to the former candidate's local or state political party if If the former candidate was a partisan candidate or, donated to the former candidate's local or state political party, donated to the a charitable organization of the former candidate's choice or the charitable organization chosen or transferred to the board for deposit in the Wisconsin election campaign fund, as instructed by the former candidate or, if the candidate left no instruction, by the former candidate's next of kin if the former candidate is deceased, or if no choice is made returned to the donors on a proportional basis; or

AB843-ASA1,6,6 b. If the former candidate was a nonpartisan candidate, donated to the a charitable organization of the former candidate's choice or the charitable organization chosen or transferred to the board for deposit in the Wisconsin election campaign fund, as instructed by the former candidate or, if the candidate left no instruction, by the former candidate's next of kin if the former candidate is deceased; or

AB843-ASA1, s. 9 Section 9. 8.35 (4) (c) and (d) of the statutes are amended to read:

AB843-ASA1,6,18 8.35 (4) (c) The transfer to the replacement candidate under par. (b) shall be made and reported to the appropriate filing officer in a special report submitted by the former candidate's campaign treasurer. If the former candidate is deceased and was serving as his or her own campaign treasurer, the former candidate's petitioner or personal representative shall file the report and make the transfer required by par. (b), if any and file the report. The report shall be made in the manner provided under s. 11.21 (16), if applicable, or otherwise at the appropriate interval under s. 11.20 (2) or (4) and shall include a complete statement of all contributions, disbursements and incurred obligations pursuant to s. 11.06 (1) covering the period from the day after the last date covered on the former candidate's most recent report to the date of disposition.

AB843-ASA1,6,22 (d) The newly appointed candidate shall file his or her report in the manner provided under s. 11.21 (16), if applicable, or otherwise at the next appropriate interval under s. 11.20 (2) or (4) after his or her appointment. The appointed candidate shall include any transferred funds moneys in his or her first report.

AB843-ASA1, s. 10 Section 10. 11.001 (2m) of the statutes is created to read:

AB843-ASA1,7,5 11.001 (2m) The legislature finds a compelling justification for minimal disclosure of all communications made near the time of an election that include a reference to a candidate at that election, an office to be filled at that election, or a political party in order to permit increased funding for candidates who are affected by those communications. This minimal disclosure burden is outweighed by the need to establish an effective funding mechanism for affected candidates to effectively respond to communications that may impact an election.

AB843-ASA1, s. 11 Section 11. 11.01 (12s) of the statutes is repealed.

AB843-ASA1, s. 12 Section 12. 11.01 (16) (a) 3. of the statutes is created to read:

AB843-ASA1,7,14 11.01 (16) (a) 3. A communication that is made by means of one or more communications media, other than a communication that is exempt from reporting under s. 11.29, that is made during the period beginning on the 60th day preceding an election and ending on the date of that election and that includes a reference to a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election, a reference to an office to be filled at that election, or a reference to a political party.

AB843-ASA1, s. 13 Section 13. 11.05 (1) of the statutes is renumbered 11.05 (1) (a) and amended to read:

AB843-ASA1,7,24 11.05 (1) (a) Except as provided in s. 9.10 (2) (d), every committee, other than a personal campaign committee, and every political group subject to registration under s. 11.23 which that makes or accepts contributions, incurs obligations or makes disbursements in a calendar year in an aggregate amount in excess of $25 shall file a statement with the appropriate filing officer giving the information required by sub. (3). In the case of any committee other than a personal campaign committee, the statement shall be filed by the treasurer. A personal campaign committee shall register under sub. (2g) or (2r).

AB843-ASA1, s. 14 Section 14. 11.05 (1) (b) of the statutes is created to read:

AB843-ASA1,8,4 11.05 (1) (b) Every political group subject to registration under s. 11.23 which makes or accepts contributions, incurs obligations, or makes disbursements in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).

AB843-ASA1, s. 15 Section 15. 11.05 (2) of the statutes is renumbered 11.05 (2) (a) and amended to read:

AB843-ASA1,8,14 11.05 (2) (a) Except as provided in s. 9.10 (2) (d), every individual, other than a candidate or agent of a candidate, who accepts contributions, incurs obligations, or makes disbursements with respect to one or more elections for state or local office in a calendar year in an aggregate amount in excess of $25 shall file a statement with the appropriate filing officer giving the information required by sub. (3). An individual who guarantees a loan on which an individual, committee or group subject to a registration requirement defaults is not subject to registration under this subsection solely as a result of such default.

AB843-ASA1, s. 16 Section 16. 11.05 (2) (b) of the statutes is created to read:

AB843-ASA1,8,19 11.05 (2) (b) Every individual who accepts contributions, incurs obligations, or makes disbursements with respect to one or more referenda in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).

AB843-ASA1, s. 17 Section 17. 11.05 (2r) (title) of the statutes is renumbered 11.06 (2m) (title).

AB843-ASA1, s. 18 Section 18. 11.05 (2r) of the statutes is renumbered 11.06 (2m) (a) and amended to read:

AB843-ASA1,9,18 11.06 (2m) (a) Any person, committee or group, other than a committee or an individual or committee required to file an oath under s. 11.06 (7), who or which does not anticipate accepting contributions, making disbursements or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in that year may indicate on its registration statement that the person, committee or group will not accept contributions, incur obligations or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in such any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source, other than contributions made by a candidate to his or her own campaign, during that any calendar year, whichever is earlier. If the revocation is not timely, the registrant violates s. 11.27 (1).

AB843-ASA1, s. 19 Section 19. 11.05 (3) (c) of the statutes is amended to read:

AB843-ASA1,9,23 11.05 (3) (c) In the case of a committee, a statement as to whether the committee is a personal campaign committee, a political party committee, a legislative campaign committee, a support committee or a special interest committee.

AB843-ASA1, s. 20 Section 20. 11.05 (3) (m) of the statutes is created to read:

AB843-ASA1,10,3 11.05 (3) (m) In the case of a personal campaign committee, the name of the candidate on whose behalf the committee was formed or intends to operate and the office or offices that the candidate seeks.

AB843-ASA1, s. 21 Section 21. 11.05 (3) (o) of the statutes is repealed.