AB295: Bill Text

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:

AB295, s. 1 Section 1. 5.02 (18) of the statutes is amended to read:

AB295,4,6 5.02 (18) "September primary" means the primary held the 2nd Tuesday in September to nominate candidates to be voted for at the general election, and to determine which candidates for state offices other than district attorney the offices of governor, state senator, and representative to the assembly may participate in the Wisconsin election campaign receive grants from the clean elections fund.

AB295, s. 2 Section 2. 5.62 (1) (a) of the statutes is amended to read:

AB295,5,20 5.62 (1) (a) At September primaries, the following ballot shall be provided for the nomination of candidates of recognized political parties for national, state and county offices and independent candidates for state office the office of governor, state senator, and representative to the assembly in each ward, in the same form as prescribed by the board under s. 7.08 (1) (a), except as authorized in s. 5.655. The ballots shall be made up of the several party tickets with each party entitled to participate in the primary under par. (b) or sub. (2) having its own ballot, except as authorized in s. 5.655. The independent candidates for state office other than district attorney the offices of governor, state senator, and representative to the assembly shall have a separate ballot for all such candidates as under s. 5.64 (1) (e), except as authorized in s. 5.655. The ballots shall be secured together at the bottom. The party ballot of the party receiving the most votes for president or governor at the last general election shall be on top with the other parties arranged in descending order based on their vote for president or governor at the last general election. The ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying under par. (b), in the same order in which the parties filed petitions with the board. Any ballot required under par. (b) 2. shall be placed next in order. The ballot listing the independent candidates shall be placed at the bottom. At polling places where voting machines are used, each party and the independent candidates shall be represented in one or more separate columns or rows on the ballot. At polling places where an electronic voting system is used other than an electronic voting machine, each party and the independent candidates may be represented in separate columns or rows on the ballot.

AB295, s. 3 Section 3. 5.62 (3) of the statutes is amended to read:

AB295,6,7 5.62 (3) The board shall designate the official primary ballot arrangement for statewide offices and district attorney within each prosecutorial district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate column or row on the ballot, the candidates for office shall be listed together with the offices which they seek in the following order whenever these offices appear on the September primary ballot: governor, lieutenant governor, attorney general, secretary of state, state treasurer, U.S. senator, U.S. representative in congress, state senator, representative to the assembly, district attorney and the county offices. Below the names of the independent candidates for the offices of governor, state senator, and representative to the assembly shall appear the party or principle of the candidates, if any, in 5 words or less, as shown on their nomination papers.

AB295, s. 4 Section 4. 5.62 (5) of the statutes is amended to read:

AB295,6,17 5.62 (5) At the September primary, an elector may vote for the candidates of only one party, or the elector may vote for any of the independent candidates for state office the offices of governor, state senator, or representative to the assembly listed; but the elector may not vote for more than one candidate for a single office. A space shall be provided on the ballot for an elector to write in the name of his or her choice as a party candidate for any office, including a party candidate of a recognized political party whose name appears on the ballot, column or row designated for independent candidates, as provided in sub. (1) (b) 2. or (2) (b), but no space shall be provided to write in the names of independent candidates.

AB295, s. 5 Section 5. 7.08 (2) (c) and (cm) of the statutes are amended to read:

AB295,7,2 7.08 (2) (c) As soon as possible after the canvass of the spring and September primary votes vote, 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) 11.51 (7) and whom the board determines to be eligible to receive payments grants from the Wisconsin election campaign clean elections fund. The 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.

AB295,7,13 (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) 11.51 (7) and whom the board determines to be eligible to receive a grant from the Wisconsin election campaign clean elections 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 the board determines to be eligible to receive a grant under s. 11.50 (1) (a) 2. after the special election. The 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.

AB295, s. 6 Section 6. 7.70 (3) (e) 1. of the statutes is amended to read:

AB295,7,22 7.70 (3) (e) 1. After each September primary and special primary for the office of governor, state senator, or representative to the assembly, the name of each candidate not defeated in the primary who receives at least 6% of the total vote cast for all candidates on all ballots at the primary for each separate state office except district attorney the office of governor, state senator, or representative to the assembly, and the percentage of the total vote received by that candidate. Such percentage shall be calculated within each district in the case of legislative candidates.

AB295, s. 7 Section 7. 8.16 (1) of the statutes is amended to read:

AB295,8,5 8.16 (1) Except as provided in sub. (2), the person who receives the greatest number of votes for an office on a party ballot at any partisan primary, regardless of whether the person's name appears on the ballot, shall be the party's candidate for the office, and the person's name shall so appear on the official ballot at the next election. All independent candidates shall appear on the general election ballot or on any special election ballot regardless of the number of votes received by such candidates at the September or at any special primary.

AB295, s. 8 Section 8. 8.16 (5) of the statutes is amended to read:

AB295,8,13 8.16 (5) Any candidate for a partisan state the office except district attorney of governor, state senator, or representative to the assembly may also qualify for payments a grant under s. 11.50 11.51 if the candidate meets the requirements specified in s. 11.50 11.51; however, a candidate who qualifies under this section for placement on the official ballot at the general election or a special election shall appear on such ballot regardless of whether he or she qualifies for payments a grant under s. 11.50 11.51.

AB295, s. 9 Section 9. 8.35 (4) (b) of the statutes is amended to read:

AB295,8,21 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys received by a candidate from the Wisconsin election campaign clean elections 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).

AB295, s. 10 Section 10. 8.50 (1) (d) of the statutes is amended to read:

AB295,9,11 8.50 (1) (d) When the election concerns a national or state office, the board shall transmit to each county clerk at least 22 days before the special primary a certified list of all persons for whom nomination papers have been filed in its office. If no primary is required, the list shall be transmitted at least 42 days prior to the day of the election. If a special primary for the office of state senator or representative to the assembly is held, the board shall send a certified list of candidates who are eligible to receive grants under s. 11.51 to the state treasurer pursuant to s. 7.08 (2) (cm). Immediately upon receipt of the certified list of candidates from the board, the county clerk shall prepare his or her ballots. For a county special election, the county clerk shall certify the candidates and prepare the ballots. If there is a primary, the county clerk shall publish one type B notice in a newspaper under ch. 10. When a primary is held, as soon as possible after the primary, the county clerk shall certify the candidates and prepare the ballots for the following special election. The clerk shall publish one type B notice in a newspaper under ch. 10 for the election.

AB295, s. 11 Section 11. 8.50 (3) (b) of the statutes is amended to read:

AB295,9,24 8.50 (3) (b) Except as otherwise provided in this section, the provisions for September primaries under s. 8.15 are applicable to all partisan primaries held under this section, and the provisions for spring primaries under s. 8.10 are applicable to all nonpartisan primaries held under this section. In a special partisan primary or election, the order of the parties on the ballot shall be the same as provided under s. 5.62 (1) or 5.64 (1) (b). Independent candidates for state office the office of governor, state senator, or representative to the assembly at a special partisan election shall not appear on the primary ballot. No primary is required for a nonpartisan election in which not more than 2 candidates for an office appear on the ballot or for a partisan election in which not more than one candidate for an office appears on the ballot of each recognized political party. In every special election except a special election for nonpartisan state office where no candidate is certified to appear on the ballot, a space for write-in votes shall be provided on the ballot, regardless of whether a special primary is held.

AB295, s. 12 Section 12. 10.02 (3) (b) 2m. of the statutes is amended to read:

AB295,10,15 10.02 (3) (b) 2m. At the September primary, the elector shall select the party ballot of his or her choice or the ballot containing the names of the independent candidates for state office, the office of governor, state senator, and representative to the assembly, and make a cross (8) next to or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote or insert or write in the name of the elector's choice for a party candidate, if any. In order to qualify for participation in the Wisconsin election campaign a grant from the clean elections fund, a candidate for state office the office of governor, state senator, or representative to the assembly at the September primary, other than a candidate for district attorney, or a special primary, if a special primary is held, must receive at least 6% 5% of all votes cast on all ballots for the office for which he or she is a candidate, in addition to other requirements.

AB295, s. 13 Section 13. 10.06 (1) (e) of the statutes is amended to read:

AB295,10,24 10.06 (1) (e) As soon as possible following the state canvass of the spring primary vote, but no later than the first Tuesday in March, the board shall send a type B notice certifying to each county clerk the list of candidates for the spring election. When no primary is held, this notice shall be sent under par. (c). The board shall also in any case send a certified list of candidates under s. 11.50 11.51 to the state treasurer pursuant to s. 7.08 (2) (c). When there is a referendum, the board shall send type A and C notices certifying each question to the county clerks as soon as possible, but no later than the first Tuesday in March.

AB295, s. 14 Section 14. 10.06 (1) (i) of the statutes is amended to read:

AB295,11,5 10.06 (1) (i) As soon as possible after the state canvass, but no later than the 4th Tuesday in September, the board shall send a type B notice certifying the list of candidates and type A and C notices certifying each question for any referendum to each county clerk for the general election and a certified list of candidates under s. 11.50 11.51 to the state treasurer pursuant to s. 7.08 (2) (c).

AB295, s. 15 Section 15. 11.01 (4m) and (11m) of the statutes are created to read:

AB295,11,12 11.01 (4m) "Communication" means a message transmitted by means of a printed advertisement, billboard, handbill, sample ballot, radio or television advertisement, telephone call, or any medium that may be utilized for the purpose of disseminating or broadcasting a message, but not including a poll conducted solely for the purpose of identifying or collecting data concerning the attitudes or preferences of electors.

AB295,11,24 (11m) "Independent expenditure" means an expenditure made for the purpose of making a communication that is made during the 60-day period preceding any September or special primary election for the office of governor, state senator, representative to the assembly and the date of the general or special election following that primary election, or if no special primary election for the office of state senator or representative to the assembly is held, during the 60-day period preceding a special election for one of those offices; that contains a reference to a clearly identified candidate for the office of governor, state senator, or representative to the assembly at that election; that is made without cooperation or consultation with such a candidate, or any authorized committee or agent of such a candidate; and that is not made in concert with, or at the request or suggestion of, such a candidate, or any authorized committee or agent of such a candidate.

AB295, s. 16 Section 16. 11.06 (1) (a) of the statutes is amended to read:

AB295,12,5 11.06 (1) (a) An Except as required under s. 11.51 (2), an itemized statement giving the date, full name and street address of each contributor who has made a contribution in excess of $20, or whose contribution if $20 or less aggregates more than $20 for the calendar year, together with the amount of the contribution and the cumulative total contributions made by that contributor for the calendar year.

AB295, s. 17 Section 17. 11.06 (1) (g) of the statutes is amended to read:

AB295,12,10 11.06 (1) (g) An Except as required under s. 11.51 (9), an itemized statement of every disbursement exceeding $20 in amount or value, together with the name and address of the person to whom the disbursement was made, and the date and specific purpose for which the disbursement was made.

AB295, s. 18 Section 18. 11.06 (1) (jm) of the statutes is amended to read:

AB295,12,20 11.06 (1) (jm) A copy of any separate schedule prepared or received pursuant to an escrow agreement under s. 11.16 (5). A candidate or personal campaign committee receiving contributions under such an agreement and attaching a separate schedule under this paragraph may indicate the percentage of the total contributions received, disbursements made and exclusions claimed under s. 11.31 (6) without itemization, except that amounts received from any contributor pursuant to the agreement who makes any separate contribution to the candidate or personal campaign committee during the calendar year of receipt as indicated in the schedule shall be aggregated and itemized if required under par. (a) or (b).

AB295, s. 19 Section 19. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended to read:

AB295,13,15 11.12 (6) (a) If any disbursement of more than $20 cumulatively is made to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or opposed, and not in concert with or at the request or suggestion of such a candidate, agent, or committee, the individual or treasurer of the committee shall, within 24 hours of making the disbursement, inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the next regular report of the individual or committee under s. 11.20. For purposes of this paragraph, disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election. Upon receipt of a report under this paragraph, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a disbursement identified in the report is made. This paragraph does not apply to any disbursement that is required to be reported as an independent expenditure under par. (b).

AB295, s. 20 Section 20. 11.12 (6) (b) of the statutes is created to read:

AB295,13,21 11.12 (6) (b) 1. If any person makes an independent expenditure or incurs an obligation to make an independent expenditure, the person shall, within 24 hours of making the independent expenditure or incurring the obligation to make the independent expenditure, report to the board the information required under this paragraph in such manner as the board may prescribe.

AB295,13,22 2. Each report under this paragraph shall contain the following information:

AB295,13,24 a. The name of each candidate who is identified in each communication financed with the independent expenditure or obligation.

AB295,14,2 b. A statement as to whether the communication is intended to support or oppose that candidate.

AB295,14,5 c. The total amount or value of the independent expenditure or obligation and the cumulative independent expenditures made and obligations to make independent expenditures incurred by the person with respect to that election.

AB295,14,11 3. If the person is a registrant, the person shall also include the information reported under subd. 2. in the next regular report of the person under s. 11.20. Upon receipt of a report under this paragraph, the board shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom an independent expenditure or obligation identified in the report is made.

AB295, s. 21 Section 21. 11.16 (5) of the statutes is amended to read:

AB295,15,2 11.16 (5) Escrow agreements. Any personal campaign committee, political party committee or legislative campaign committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under s. 11.14 (1) that is identified in the agreement. For purposes of s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).

AB295, s. 22 Section 22. 11.21 (15) of the statutes is repealed.

AB295, s. 23 Section 23. 11.26 (2) (a) of the statutes is amended to read:

AB295,15,8 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, 4% of the value of the disbursement level specified in the schedule under s. 11.31 (1) , as adjusted under s. 11.31 (9).

AB295, s. 24 Section 24. 11.26 (9) (a) of the statutes is amended to read:

AB295,15,15 11.26 (9) (a) 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 (1), as adjusted under s. 11.31 (9), 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.

AB295, s. 25 Section 25. 11.26 (9) (b) of the statutes is amended to read:

AB295,15,22 11.26 (9) (b) 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 (1), as adjusted under s. 11.31 (9), 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.

AB295, s. 26 Section 26. 11.26 (9) (c) of the statutes is repealed.

AB295, s. 27 Section 27. 11.26 (10) and (13) of the statutes are repealed.

AB295, s. 28 Section 28. 11.26 (17) (a) of the statutes is amended to read:

AB295,16,3 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (2), and (9) and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.

AB295, s. 29 Section 29. 11.31 (title) of the statutes is amended to read:

AB295,16,5 11.31 (title) Disbursement levels and limitations; calculation.

AB295, s. 30 Section 30. 11.31 (1) (intro.) of the statutes is amended to read:

AB295,16,11 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. Except as provided in sub. (2), such The levels are subject to adjustment under sub. (9). The levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.

AB295, s. 31 Section 31. 11.31 (2) and (2m) of the statutes are repealed.

AB295, s. 32 Section 32. 11.31 (3) of the statutes is repealed.

AB295, s. 33 Section 33. 11.31 (3m) of the statutes is repealed.

AB295, s. 34 Section 34. 11.31 (4) of the statutes is amended to read:

AB295,16,24 11.31 (4) Allocation. Except as provided in sub. (3m), whenever Whenever a separate disbursement level is specified for a primary and election under sub. (1), a candidate who disburses less than the authorized level in the primary may not reallocate the balance to increase the level in the election. Whenever a separate disbursement level is not specified for a primary and election under sub. (1), a candidate may allocate disbursements between the primary and election campaign within the total level of disbursements specified in sub. (1) in any proportion desired, and may carry over unexpended contributions from a primary campaign to an election campaign.

AB295, s. 35 Section 35. 11.31 (6) of the statutes is repealed.

AB295, s. 36 Section 36. 11.31 (7) (b) of the statutes is amended to read:

AB295,17,4 11.31 (7) (b) Disbursements which are made before a campaign period for goods to be delivered or services to be rendered in connection with the campaign are charged against the disbursement limitation level for that campaign.

AB295, s. 37 Section 37. 11.31 (7) (c) of the statutes is amended to read:

AB295,17,8 11.31 (7) (c) Disbursements which are made after a campaign to retire a debt incurred in relation to a campaign are charged against the disbursement limitation level for that campaign.

AB295, s. 38 Section 38. 11.31 (8) of the statutes is amended to read:

AB295,17,14 11.31 (8) Certain contributions excluded. The limitations imposed levels specified under this section do not apply to a gift of anything of value constituting a contribution made directly to a registrant by another, but the limitations levels shall apply to such gift when it is received and accepted by the recipient or, if received in the form of money, when disbursed.

AB295, s. 39 Section 39. 11.31 (9) of the statutes is created to read:

AB295,17,19 11.31 (9) Adjustment of disbursement levels. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB295,18,7 (b) The dollar amounts of all disbursement levels specified in sub. (1) shall be subject to a cost-of-living adjustment to be determined by rule of the board in accordance with this paragraph. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for calendar year 2003. For each biennium, the board shall adjust the disbursement levels specified under sub. (1) by that percentage to the extent required to reflect any difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amounts shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this paragraph may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare, and without a finding of emergency.

AB295, s. 40 Section 40. 11.31 (10) of the statutes is amended to read:

AB295,18,12 11.31 (10) Surplus materials excluded. Disbursements constituting surplus materials acquired in connection with a previous campaign of a candidate are not subject to limitation by included in the levels specified in this section, if the materials were previously reported as a disbursement by that candidate.

AB295, s. 41 Section 41. 11.50 of the statutes is repealed.

AB295, s. 42 Section 42. 11.51 of the statutes is created to read:

AB295,18,17 11.51 Clean elections fund grants. (1) Any candidate for the office of governor, state senator, or representative to the assembly may qualify to receive a grant from the clean elections fund by fulfilling the requirements of this section.

AB295,18,25 (2) (a) In order to qualify to receive a grant from the clean elections fund, a candidate shall obtain and deposit with the state treasurer the number of qualifying contributions specified in this subsection, in the amount of $5 each, each of which shall be received from an elector of this state and, in the case of a candidate for legislative office, an elector of the district in which the candidate seeks office. The name and address of each elector making a qualifying contribution shall be identified in a report filed with the board as provided in s. 11.06 (1) (a). The number of required qualifying contributions for a candidate for each office is:

AB295,19,1 1. Governor, 2,500.