AB377: Bill Text

LRB-2224/4

JTK:wlj:jf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 377

June 10, 1999 - Introduced by Representatives Bock, Richards, Pocan, Turner, Miller, Plouff, J. Lehman, Berceau, Colon, Coggs and Young, cosponsored by Senators George, Erpenbach, Risser, Rosenzweig, Darling, Rude, Moen and Robson. Referred to Committee on Campaigns and Elections.

AB377,1,7 An Act to amend 8.35 (4) (b), 11.12 (2), 11.16 (2) and (3), 11.26 (1) (a), 11.26 (2) (a), 11.26 (9) (a), 11.26 (9) (b), 11.26 (13), 11.31 (1) (d), 11.33 (1) (a) (intro.), 11.50 (1) (a) 1. and 11.50 (3) (b); and to create 11.26 (1) (am), 11.26 (2) (am), 11.26 (9) (ba), 11.33 (4), 11.501 to 11.522, 20.510 (1) (r), 20.585 (1) (q), 20.585 (1) (r), 20.855 (4) (bb), 25.17 (1) (cm) and 25.421 of the statutes; relating to: campaign financing with respect to the office of justice of the supreme court, making appropriations and providing penalties.

Analysis by the Legislative Reference Bureau

This bill makes numerous changes in the campaign finance law affecting campaigns for the office of justice of the supreme court. The bill limits the application of the Wisconsin election campaign fund, under which eligible candidates for state offices (except district attorney, court of appeals judge and circuit judge) may receive public grants from state general purpose revenues derived from designations made by individuals filing state income tax returns, to state offices other than the office of justice of the supreme court. To finance elections for the office of justice of the supreme court, the bill creates a democracy trust fund, under which eligible candidates for this office may receive public grants derived from general purpose revenues.

Under the bill, a candidate for the office of justice of the supreme court may qualify for public financing from the democracy trust fund to finance a campaign in a primary or election by receiving a specified number of qualifying contributions of five dollars each made by electors of the state. A candidate who accepts public financing may accept "seed money" contributions in amounts of $100 or less, subject to aggregate limitations, and may contribute personal funds in specified amounts during specified periods. A candidate who accepts public financing may not accept any contributions other than qualifying and seed money contributions and contributions from personal funds, subject to specified limitations. Public financing benefits for eligible candidates are $100,000 in the primary election and $300,000 in the general election. The benefits are subject to a biennial cost of living adjustment. A candidate who accepts more than a specified amount of qualifying or seed money contributions has the excess deducted from his or her public financing benefit. In addition, if a candidate's opponent declines to accept public financing and makes expenditures in a total amount that exceeds by more than five percent the amount permitted for a candidate who accepts public financing, the candidate who accepts public financing receives additional funding equivalent to the excess expenditures made by his or her opponent, but not more than three times the amount of the public financing benefit for the office that the candidate seeks. A candidate also receives additional public financing equivalent to any independent expenditures made against the candidate or in support of his or her opponents if those expenditures exceed 20% of the amount of the public financing benefit for the office that the candidate seeks (but not more than three times the amount of that benefit), as well as additional financing equivalent to the cost of certain mass mailings made by an incumbent opponent using state funds.

Currently, a candidate for the office of justice of the supreme court may qualify to receive a grant from the Wisconsin election campaign fund for use in an election campaign only (no funding is provided for primary campaigns). In order to qualify for a grant, a candidate must qualify to have his or her name appear on the spring election ballot and must have an opponent who qualifies to have his or her name appear on that ballot. The maximum amount of a grant that a candidate may receive is $97,031. This amount is not subject to any cost of living adjustment. In addition, this amount is reduced by the total amount of contributions received by a candidate from special interest committees and this amount may not be fully funded in a particular year if there are not sufficient moneys in the Wisconsin election campaign fund to provide full financing for all qualifying candidates. A candidate must agree to abide by spending and self-contribution limits in order to receive a grant, but this agreement does not apply if the candidate has an opponent who could have qualified for a grant but declines to do so and declines to file an affidavit of voluntary compliance with spending and self-contribution limits.

Currently, individuals and committees making political contributions to candidates for the office of justice of the supreme court are subject to limitations on the amount or value of any contribution or contributions that may be made cumulatively to any candidate in a campaign. The limitations are $10,000 in the case of an individual making a contribution to a candidate and $8,625 in the case of a committee making a contribution to a candidate. This bill replaces these limitations with a contribution limitation of $1,000 applicable to an individual or committee making any contribution or contributions cumulatively to any candidate for the office of justice of the supreme court who is eligible to qualify for a public financing benefit but who declines to accept one, per campaign.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

AB377, s. 1 Section 1. 8.35 (4) (b) of the statutes is amended to read:

AB377,3,11 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys received by a candidate from the Wisconsin election campaign fund shall be immediately transferred to any candidate who is appointed to replace such candidate, upon filing of a proper application therefor under s. 11.50 (2). If there is no candidate appointed or if no proper application is filed within 7 days of the date on which the vacancy occurs, such moneys shall revert to the state as provided in s. 11.50 (8). Notwithstanding par. (a), any unspent and unencumbered moneys received by a candidate from the democracy trust fund shall be immediately transferred to any candidate who is appointed to replace such candidate. If there is no candidate appointed, the moneys shall revert to the state.

AB377, s. 2 Section 2. 11.12 (2) of the statutes is amended to read:

AB377,4,2 11.12 (2) Any No registrant, except a candidate who receives a public financing benefit from the democracy trust fund, may accept an anonymous contribution exceeding $10 received by a campaign or committee treasurer or by an individual under s. 11.06 (7) may not be used or expended. The. No candidate who receives a public financing benefit from the democracy trust fund may accept an anonymous contribution exceeding $5. Any anonymous contribution that may not be accepted under this subsection shall be donated to the common school fund or to any charitable organization at the option of the registrant's treasurer.

AB377, s. 3 Section 3. 11.16 (2) and (3) of the statutes are amended to read:

AB377,4,10 11.16 (2) Limitation on cash contributions. Every Except as provided in s. 11.506 (6), every contribution of money exceeding $50 shall be made by negotiable instrument or evidenced by an itemized credit card receipt bearing on the face the name of the remitter. No treasurer may accept a contribution made in violation of this subsection. The treasurer shall promptly return the contribution, or donate it to the common school fund or to a charitable organization in the event that the donor cannot be identified.

AB377,4,21 (3) Form of disbursements. Every Except as authorized under s. 11.511 (1), every disbursement which is made by a registered individual or treasurer from the campaign depository account shall be made by negotiable instrument. Such instrument shall bear on the face the full name of the candidate, committee, individual or group as it appears on the registration statement filed under s. 11.05 and where necessary, such additional words as are sufficient to clearly indicate the political nature of the registrant or account of the registrant. The name of a political party shall include the word "party". The instrument of each committee registered with the board and designated under s. 11.05 (3) (c) as a special interest committee shall bear the identification number assigned under s. 11.21 (12) on the face of the instrument.

AB377, s. 4 Section 4. 11.26 (1) (a) of the statutes is amended to read:

AB377,4,24 11.26 (1) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, or state superintendent or justice, $10,000.

AB377, s. 5 Section 5. 11.26 (1) (am) of the statutes is created to read:

AB377,5,1 11.26 (1) (am) Candidates for justice, $1,000.

AB377, s. 6 Section 6. 11.26 (2) (a) of the statutes is amended to read:

AB377,5,5 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, or state superintendent or justice, 4% of the value of the disbursement level specified in the schedule under s. 11.31 (1).

AB377, s. 7 Section 7. 11.26 (2) (am) of the statutes is created to read:

AB377,5,7 11.26 (2) (am) Candidates for justice, $1,000.

AB377, s. 8 Section 8. 11.26 (9) (a) of the statutes is amended to read:

AB377,5,14 11.26 (9) (a) No Except as provided in par. (ba), no individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level determined under s. 11.31 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.

AB377, s. 9 Section 9. 11.26 (9) (b) of the statutes is amended to read:

AB377,5,21 11.26 (9) (b) No Except as provided in par. (ba), no individual who is a candidate for state or local office may receive and accept more than 45% of the value of the total disbursement level determined under s. 11.31 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.

AB377, s. 10 Section 10. 11.26 (9) (ba) of the statutes is created to read:

AB377,5,24 11.26 (9) (ba) Paragraphs (a) and (b) do not apply to a candidate who receives a public financing benefit from the democracy trust fund.

AB377, s. 11 Section 11. 11.26 (13) of the statutes is amended to read:

AB377,6,3 11.26 (13) Except as provided in sub. (9), contributions received from the Wisconsin election campaign fund and public financing benefits received from the democracy trust fund are not subject to limitation by this section.

AB377, s. 12 Section 12. 11.31 (1) (d) of the statutes is amended to read:

AB377,6,6 11.31 (1) (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625.

AB377, s. 13 Section 13. 11.33 (1) (a) (intro.) of the statutes is amended to read:

AB377,6,11 11.33 (1) (a) (intro.) No Except as provided in sub. (4), no person elected to state or local office who becomes a candidate for national, state or local office may use public funds for the cost of materials or distribution for 50 or more pieces of substantially identical material distributed after:

AB377, s. 14 Section 14. 11.33 (4) of the statutes is created to read:

AB377,6,13 11.33 (4) This section does not apply to a candidate for the office of justice.

AB377, s. 15 Section 15. 11.50 (1) (a) 1. of the statutes is amended to read:

AB377,6,22 11.50 (1) (a) 1. With respect to a spring or general election, any individual who is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice or state superintendent, or an individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except district attorney, for which the individual is a candidate at the September primary and who is certified under s. 7.08 (2) (a) as a candidate for that office in the general election, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at the spring or general election; and who has qualified for a grant under sub. (2).

AB377, s. 16 Section 16. 11.50 (3) (b) of the statutes is amended to read:

AB377,7,5 11.50 (3) (b) If a vacancy occurs in the office of state superintendent or justice after August 15 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall transfer an amount not exceeding 8% of the moneys transferred to the fund on the preceding August 15 to the superintendency account for the office in which the vacancy occurs, such moneys to be drawn from any account within the accounts created under sub. (4) in the amount or amounts specified by the board.

AB377, s. 17 Section 17. 11.501 to 11.522 of the statutes are created to read:

AB377,7,7 11.501 Definitions. In ss. 11.501 to 11.522:

AB377,7,9 (1) "Allowable contribution" means a qualifying contribution, seed money contribution or personal contribution authorized under ss. 11.502 to 11.522.