AB392,9,3
111.25 (1m) No individual, other than a candidate, and no committee, other
2than a personal campaign committee, may make disbursements which are to be used
3to advocate the election or defeat of any clearly identified candidate in an election.
AB392, s. 17 4Section 17. 11.26 (1) (intro.) of the statutes is amended to read:
AB392,9,95 11.26 (1) (intro.) No individual may make any contribution or contributions to
6a candidate for election or nomination to any of the following offices and to any indi
7vidual or committee under s. 11.06 (7) acting solely in support of such a candidate or
8solely in opposition to the candidate's opponent
to the extent of more than a total of
9the amounts specified per candidate:
AB392, s. 18 10Section 18. 11.26 (2) (intro.) of the statutes is amended to read:
AB392,9,1611 11.26 (2) (intro.) No committee other than a political party committee or legis
12lative campaign committee may make any contribution or contributions to a candi
13date for election or nomination to any of the following offices and to any individual
14or committee under s. 11.06 (7) acting solely in support of such a candidate or solely
15in opposition to the candidate's opponent
to the extent of more than a total of the
16amounts specified per candidate:
AB392, s. 19 17Section 19. 11.26 (2) (a) of the statutes is amended to read:
AB392,9,2018 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state,
19state treasurer, attorney general, state superintendent or justice, 4% of the value of
20the disbursement level limitation specified in the schedule under s. 11.31 (1).
AB392, s. 20 21Section 20. 11.26 (9) (a) and (b) of the statutes are amended to read:
AB392,9,2522 11.26 (9) (a) No individual who is a candidate for state or local office may receive
23and accept more than 65% of the value of the total disbursement level limitation for
24candidates other than candidates challenging incumbent officeholders, as
deter
25mined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9), for the office for

1which he or she is a candidate during any primary and election campaign combined
2from all committees subject to a filing requirement, including political party and leg
3islative campaign committees.
AB392,10,104 (b) No individual who is a candidate for state or local office may receive and
5accept more than 45% of the value of the total disbursement level limitation for can
6didates other than candidates challenging incumbent officeholders, as
determined
7under s. 11.31 (1) and adjusted as provided under s. 11.31 (9), for the office for which
8he or she is a candidate during any primary and election campaign combined from
9all committees other than political party and legislative campaign committees sub
10ject to a filing requirement.
AB392, s. 21 11Section 21. 11.26 (10) of the statutes is amended to read:
AB392,11,212 11.26 (10) No candidate for state office who files a sworn statement and ap
13plication to receive a grant from the Wisconsin election campaign fund may make
14contributions of more than 200% of the amounts amount specified in sub. (1) to the
15candidate's own campaign from the candidate's personal funds or property or the per
16sonal funds or property which are owned jointly or as marital property with the can
17didate's spouse, unless the board determines that the candidate is not eligible to re
18ceive a grant, or the candidate withdraws his or her application under s. 11.50 (2) (h),
19or s. 11.50 (2) (i) applies
. For purposes of this subsection, any contribution received
20by a candidate or his or her personal campaign committee from a committee which
21is registered with the federal elections commission as the authorized committee of
22the candidate under 2 USC 432 (e) shall be treated as a contribution made by the can
23didate to his or her own campaign. The contribution limit of sub. (4) applies to
24amounts contributed by such a candidate personally to the candidate's own cam
25paign and to other campaigns, except that a candidate may exceed the limitation if

1authorized under this subsection to contribute more than the amount specified to the
2candidate's own campaign, up to the amount of the limitation.
AB392, s. 22 3Section 22. 11.30 (2) (d) of the statutes is repealed.
AB392, s. 23 4Section 23. 11.31 (title) of the statutes is amended to read:
AB392,11,5 511.31 (title) Disbursement levels and limitations; calculation.
AB392, s. 24 6Section 24. 11.31 (1) (intro.) of the statutes is repealed and recreated to read:
AB392,11,97 11.31 (1) Schedule. (intro.) No candidate may make or authorize total dis
8bursements from his or her campaign treasury in any campaign to the extent of more
9than the following amount for each of the offices indicated:
AB392, s. 25 10Section 25. 11.31 (1) (a) to (d), (e) and (f) of the statutes are amended to read:
AB392,11,1111 11.31 (1) (a) Candidates for governor, $1,078,200 $2,000,000.
AB392,11,1212 (b) Candidates for lieutenant governor, $323,475 $250,000.
AB392,11,1313 (c) Candidates for attorney general, $539,000 $700,000.
AB392,11,1514 (d) Candidates for secretary of state, state treasurer, justice or state superin
15tendent, $215,625 $250,000.
AB392,11,1716 (e) Candidates for state senator, $34,500 total in the primary and election, with
17disbursements not exceeding $21,575 for either the primary or the election
$80,000.
AB392,11,2018 (f) Candidates for representative to the assembly, $17,250 total in the primary
19and election, with disbursements not exceeding $10,775 for either the primary or the
20election
$40,000.
AB392, s. 26 21Section 26. 11.31 (1m) of the statutes is created to read:
AB392,11,2522 11.31 (1m) Disbursement limitations for challengers. Notwithstanding sub.
23(1), if an incumbent officeholder seeks reelection, any other candidate for the same
24office may make or authorize total disbursements not exceeding 125% of the amount
25specified in sub. (1), adjusted as provided under sub. (9).
AB392, s. 27
1Section 27. 11.31 (2) and (2m) of the statutes are repealed.
AB392, s. 28 2Section 28. 11.31 (3) of the statutes is amended to read:
AB392,12,93 11.31 (3) Gubernatorial campaigns. For purposes of compliance with the li
4mitations imposed under sub. (2) (1), adjusted as provided under sub. (9), and sub.
5(1m)
, candidates for governor and lieutenant governor of the same political party
6who both accept grants from the Wisconsin election campaign fund may agree to com
7bine disbursement levels limitations under sub. (1) (a) and (b), adjusted as provided
8under sub. (9), and sub. (1m)
and reallocate the total level limitation between them.
9The candidates shall each inform the board of any such agreement.
AB392, s. 29 10Section 29. 11.31 (3m) and (4) of the statutes are repealed.
AB392, s. 30 11Section 30. 11.31 (9) of the statutes is created to read:
AB392,12,1512 11.31 (9) Cost-of-living adjustment. (a) In this subsection, "consumer price
13index" means the average of the consumer price index over each 12-month period,
14all items, U.S. city average, as determined by the bureau of labor statistics of the U.S.
15department of labor.
AB392,13,216 (b) The dollar amounts of all disbursement limitations specified in sub. (1) shall
17be subject to a biennial cost-of-living adjustment to be determined by rule of the
18board in accordance with this subsection. To determine the adjustment, the board
19shall calculate the percentage difference between the consumer price index for the
2012-month period ending on December 31 of each odd-numbered year and the con
21sumer price index for the base period, calendar year 1993. The board shall increase
22the disbursement limitations specified under sub. (1) by such amount each bien
23nium, rounded to the nearest multiple of $25 in the case of amounts of $1 or more,
24which amount shall be in effect until a subsequent rule is promulgated under this
25subsection. Notwithstanding s. 227.24 (3), determinations under this subsection

1may be promulgated as an emergency rule under s. 227.24 without a finding of emer
2gency.
AB392, s. 31 3Section 31. 11.40 (2) and (3) of the statutes are amended to read:
AB392,13,74 11.40 (2) No public utility or anyone connected therewith may offer or give any
5special privilege to any candidate for public office or any committee or its members
6or employes, or any individual under s. 11.06 (7), or to any 3rd party at the request
7of or for the advantage of any of them.
AB392,13,10 8(3) No candidate for public office or any committee or member or employe there
9of or any individual under s. 11.06 (7) may ask for or accept any special privilege from
10any public utility.
AB392, s. 32 11Section 32. 11.50 (2) (a) of the statutes is amended to read:
AB392,14,212 11.50 (2) (a) Any individual who desires to qualify as an eligible candidate may
13file an application with the board requesting approval to participate in the fund. The
14application shall be filed no later than the applicable deadline for filing nomination
15papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), no later than 4:30 p.m.
16on the 7th day after the primary or date on which the primary would be held if re
17quired in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day
18after appointment in the case of candidates appointed to fill vacancies. The applica
19tion shall contain a sworn statement that the candidate and his or her authorized
20agents have complied with the contribution limitations prescribed in s. 11.26 and the
21disbursement limitations prescribed under s. 11.31 at all times to which such limita
22tions have applied to his or her candidacy and will continue to comply with the limita
23tions at all times to which the limitations apply to his or her candidacy for the office
24in contest, unless the board determines that the candidate is not eligible to receive

1a grant, the candidate withdraws his or her application under par. (h), or par. (i) ap
2plies
.
AB392, s. 33 3Section 33. 11.50 (2) (b) 5. of the statutes is amended to read:
AB392,15,24 11.50 (2) (b) 5. The financial reports filed by or on behalf of the candidate as
5of the date of the spring or September primary, or the date that the special primary
6is or would be held, if required, indicate that the candidate has received at least the
7amount provided in this subdivision, from contributions of money, other than loans,
8made by individuals, which have been received during the period ending on the date
9of the spring primary and July 1 preceding such date in the case of candidates at the
10spring election, or the date of the September primary and January 1 preceding such
11date in the case of candidates at the general election, or the date that a special prima
12ry will or would be held, if required, and 90 days preceding such date or the date a
13special election is ordered, whichever is earlier, in the case of special election candi
14dates, which contributions are in the aggregate amount of $100 or less, and which
15are fully identified and itemized as to the exact source thereof. A contribution re
16ceived from a conduit which is identified by the conduit as originating from an indi
17vidual shall be considered a contribution made by the individual. Only the first $100
18of an aggregate contribution of more than $100 may be counted toward the required
19percentage. For a candidate at the spring or general election for an office identified
20in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify
21for a grant is 5% of the candidate's authorized disbursement limitation for candi
22dates other than candidates challenging incumbent officeholders, as determined
un
23der s. 11.31 (1) and adjusted as provided under s. 11.31 (9). For any other candidate
24at the general election, the required amount to qualify for a grant is 10% of the candi
25date's
authorized disbursement limitation for candidates other than candidates

1challenging incumbent officeholders, as determined
under s. 11.31 (1) and adjusted
2as provided under s. 11.31 (9)
.
AB392, s. 34 3Section 34. 11.50 (2) (g) of the statutes is repealed.
AB392, s. 35 4Section 35. 11.50 (2) (h) of the statutes is amended to read:
AB392,15,115 11.50 (2) (h) An eligible candidate who files an application under par. (a) may
6file a written withdrawal of the application. A withdrawal of an application may be
7filed with the board no later than the 7th day after the day of the primary in which
8the person withdrawing the application is a candidate or the 7th day after the date
9that the primary would be held, if required. If an application is withdrawn in accor
10dance with this paragraph, the person withdrawing the application is no longer
11bound by the statement filed under par. (a) after the date of the withdrawal.
AB392, s. 36 12Section 36. 11.50 (2) (i) of the statutes is repealed.
AB392, s. 37 13Section 37. 11.50 (9) of the statutes is amended to read:
AB392,15,2314 11.50 (9) Limitation on grants. The total grant available to an eligible candi
15date may not exceed that amount which, when added to all other contributions ac
16cepted from sources other than individuals, political party committees and legisla
17tive campaign committees, is equal to 45% of the disbursement level limitation
18specified for the applicable office for candidates other than candidates challenging
19incumbent officeholders, as determined
under s. 11.31 (1) and adjusted as provided
20under s. 11.31 (9)
. The board shall scrutinize accounts and reports and records kept
21under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31
22are not exceeded and any violation is reported. No candidate or campaign treasurer
23may accept grants exceeding the amount authorized by this subsection.
AB392, s. 38 24Section 38. 11.50 (11) (e) of the statutes is amended to read:
AB392,16,4
111.50 (11) (e) No candidate may expend, authorize the expenditure of or incur
2any obligation to expend any grant if he or she violates the pledge required under
3sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h)
4or (i)
.
AB392, s. 39 5Section 39. 11.60 (3) of the statutes is amended to read:
AB392,16,106 11.60 (3) Notwithstanding sub. (1), any person, including any committee or
7group, who makes any contribution or disbursement in violation of this chapter may
8be required to forfeit treble the amount of the contribution or portion thereof which
9is illegally unlawfully contributed or treble the amount of the disbursement or por
10tion thereof which is unlawfully disbursed
.
AB392, s. 40 11Section 40. Nonstatutory provisions legislative findings. The legisla
ture, drawing on its collective experience with campaigns for public office and on the
independent evidence presented to it by qualified analysts, finds and declares that:
AB392,16,16 12(1)  Wisconsin has historically experienced a high level of civic participation in
13responsible government, which however is now in decline as the direct result of cam
14paign financing arrangements that have the clear tendency to distance voters from
15the electoral process, and that cannot be successfully corrected under applicable rul
16ings of the U.S. supreme court.
AB392,16,21 17(2)  Current campaign financing arrangements, with their perceived preferen
18tial access to lawmakers for special interests that are capable of contributing sizeable
19sums to lawmakers' campaigns, have provoked public disaffection with elective gov
20ernment, as manifested by declines in voting percentages and in Wisconsin election
21campaign fund participation. 
AB392,17,3
1(3)  The Wisconsin election campaign fund system has lost popular support be
2cause it does not diminish the perceived preferential access of the special interests
3and is therefore judged to be ineffective.
AB392,17,6 4(4)  Before 1976, Wisconsin in company with 33 other states had these matters
5under regulatory control through a system of mandatory spending limits applicable
6to all candidates for state elective office.
AB392,17,8 7(5)  In 1976, the U.S. supreme court, in Buckley v. Valeo, 424 U.S. 1, invali
8dated all such spending limits while approving campaign contribution limits.
AB392,17,11 9(6)  Since that time campaign expenditures have risen steeply, doubling in
10Wisconsin legislative races since 1980. The addition has been made up principally
11by contributions from special interests.
AB392,17,14 12(7)  Contribution limits are inadequate by themselves to check this trend. So
13long as spending is effectively unrestrained, contributions will find ways to protect
14favored candidates from being outspent.
AB392,17,17 15(8)  Among such ways have been personal spending by wealthy candidates, in
16dependent expenditures that favor or oppose an identified candidate, and the use of
17political parties as conduits for the support of selected candidates.
AB392,17,23 18(9)  Experience shows in particular that so-called "independent" support —
19whether by individuals, committees, or other entities — can be coordinated with a
20candidate's campaign, by means of informal "understandings", without losing its
21professedly independent character. Likewise, contributions to a political party for
22ostensible "party-building" purposes can be and are routed, by design, to the support
23of identified candidates.
AB392,18,3 24(10)  Public financing cannot cure the problem so long as spending limits are
25so readily evadable. After 15 years of experience with the present law, and a 42%

1decline in Wisconsin election campaign fund designations, it has become evident that
2Wisconsin voters await some successful repair of the campaign finance system before
3they will give it their financial support.
AB392,18,9 4(11)  The legislature agrees with the 1992 finding of the California commission
5on campaign financing, made after 8 years of study, that an effective remedy to this
6problem requires the reconsideration of Buckley v. Valeo. The legislature believes
7with that commission that it is "strongly desirable to present the [Supreme] Court
8with carefully researched data and arguments so that it can consider upholding rea
9sonable spending limitations." This act is a step in that direction.
AB392,18,14 10(12)  The supreme court based its Buckley decision on a concern that spending
11limits could restrict political speech, "by reducing the number of issues discussed, the
12depth of their exploration, and the size of the audience reached." The experience of
13those engaged in the electoral process is otherwise. It is unlimited expenditure that
14can drown or distort political discourse, in a flood of distractive repetition.
AB392,18,17 15(13)  The least distorted and most instructive channels of campaign commu
16nication are often free or inexpensive: debates, call-in programs, local interviews,
17and other voter connections that are not dependent on the power of money.
AB392,18,21 18(14)  The expanded use of such low-cost channels, stimulated by the adoption
19of sensible spending limits, would benefit political discourse by drawing candidates
20out of the packaged world of media advertisements and into the real world of voter
21engagement and accountability.
AB392,18,25 22(15)  Turning down the noise level of campaign communication, through rea
23sonable spending limits, increases the opportunity for newer and quieter voices to
24be heard. It tends to increase the number, depth and diversity of ideas presented to
25the public.
AB392,19,5
1(16)  Finally, a reasonable limit on campaign spending relieves candidates and
2officeholders alike from the constant necessity of engaging in defensive fund raising,
3arising as this does from the continual risk of massively financed opposition chal
4lenges to everything they may say or do. The conduct both of campaigns and of office
5will be thereby improved.
AB392, s. 41 6Section 41. Nonstatutory provisions; nonseverability.
AB392,19,9 7(1)  This act shall be considered a unit and its provisions inseparable. Notwith
8standing section 990.001 (11) of the statutes, if any provision of the statutes, as af
9fected by this act, is declared unconstitutional, the entire act is void.
AB392, s. 42 10Section 42. Initial applicability.
AB392,19,12 11(1)  The treatment of section 11.31 (9) of the statutes first applies to adjustment
12of disbursement limitations for the biennium beginning on January 1, 1997.
AB392, s. 43 13Section 43. Effective date.
AB392,19,14 14(1) This act takes effect on January 1, 1997.
AB392,19,1515 (End)
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