AB117: Bill Text

LRB-1993/1

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2003 - 2004 LEGISLATURE

2003 Assembly BILL 117

March 5, 2003 - Introduced by Representatives Freese, Suder, Bies, Vrakas, Hines, Ladwig, Stone, Hundertmark, Kestell and Albers, cosponsored by Senator Schultz. Referred to Committee on Campaigns and Elections.

AB117,1,11 An Act to repeal 11.01 (12s), 11.05 (3) (o) and 11.265; to amend 5.02 (13), 11.05 (3) (c), 11.05 (9) (b), 11.06 (2), 11.06 (7m) (a), 11.06 (7m) (c), 11.16 (5), 11.26 (2) (intro.), 11.26 (4), 11.26 (8), 11.26 (9) (a), 11.26 (9) (b) and 11.50 (9); to repeal and recreate 5.02 (13), 11.01 (4m), 11.05 (3) (c), 11.05 (9) (b), 11.06 (2), 11.06 (7m) (a), 11.06 (7m) (c), 11.16 (5), 11.26 (2) (intro.), 11.26 (4), 11.26 (8), 11.26 (9) (a) (intro.), 11.26 (9) (b), 11.26 (10a) and 11.50 (9) (a); to create 11.01 (4m), 11.01 (11m), 11.26 (8L) and 11.26 (10a) of the statutes; and to affect 2001 Wisconsin Act 109, section 9115 (2y) (b); relating to: limits on certain contributions made and received by political parties and elimination of legislative campaign committees, providing an exemption from emergency rule procedures and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Currently, the adherents of any political party in either house of the legislature may organize a "legislative campaign committee" to support the candidacy of members of their party for legislative office. Committees other than legislative campaign committees and political party committees are generally subject to a limitation upon the contributions that they may make to candidates for legislative office or to political parties. Legislative campaign committees are subject only to overall limitations on the aggregate contributions that may be accepted by a candidate from entities other than individuals.

This bill eliminates the special treatment of legislative campaign committees under the statutes, thus causing them to be treated in the same manner as other special interest committees for the purpose of contribution limitations. The bill does not preclude a committee from utilizing any name it wishes.

Currently, a committee may annually contribute up to $6,000 to a particular political party, a political party may annually accept up to $6,000 from a particular committee, and a political party may accept up to $150,000 in contributions from all committees during any biennium.

Under this bill, the limitation on committee contributions to a particular political party, and on the annual amount that a political party may accept from a particular committee, is increased to $18,000, and the aggregate limitation on contributions that a political party may accept during a biennium from all committees is increased to $450,000. The bill also creates a biennial cost-of-living adjustment that causes these contribution limitations to be adjusted quadrennially, beginning in 2006, in accordance with a formula tied to the "consumer price index" determined by the U.S. Department of Labor.

This bill prohibits a political party from making contributions exceeding $10,000 annually to an individual or committee that makes disbursements reportable under current law independently of any candidate, or to an organization that make other expenditures for the purpose of making certain mass communications during the period beginning on the 30th day preceding a primary for an office and ending on the date of the election for that office, or if no primary is held, during the period beginning on the 60th day preceding an election for an office and ending on the date of that election.

Currently, there is no similar provision.

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

AB117, s. 1 Section 1. 5.02 (13) of the statutes is amended to read:

AB117,3,2 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).

AB117, s. 2 Section 2. 5.02 (13) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB117,3,10 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 committee filing an oath under s. 11.06 (7).

AB117, s. 3 Section 3. 11.01 (4m) of the statutes is created to read:

AB117,3,17 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.

AB117, s. 4 Section 4. 11.01 (4m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB117,4,2 11.01 (4m) "Communication" means a message, other than a communication that is exempt from reporting under s. 11.29, that is transmitted by means of a printed advertisement, billboard, handbill, marked sample ballot, radio or television advertisement, mass electronic communication, mass telephoning, or mass mailing, 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.

AB117, s. 5 Section 5. 11.01 (11m) of the statutes is created to read:

AB117,4,12 11.01 (11m) "Independent expenditure" means an expenditure made for the purpose of making a communication that is made during the 30-day period preceding any primary for an office and the date of the election for which that primary is held, or if no primary is held, during the 60-day period preceding an election for an office; that contains a reference to a clearly identified candidate 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.

AB117, s. 6 Section 6. 11.01 (12s) of the statutes is repealed.

AB117, s. 7 Section 7. 11.05 (3) (c) of the statutes is amended to read:

AB117,4,18 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.

AB117, s. 8 Section 8. 11.05 (3) (c) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB117,4,23 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 support committee, or a special interest committee.

AB117, s. 9 Section 9. 11.05 (3) (o) of the statutes is repealed.

AB117, s. 10 Section 10. 11.05 (9) (b) of the statutes is amended to read:

AB117,5,6 11.05 (9) (b) An individual who or a committee or group which receives a contribution of money and transfers the contribution to another individual, committee, or group while acting as a conduit is not subject to registration under this section unless the individual, committee, or group transfers the contribution to a candidate or a personal campaign, legislative campaign, political party, or support committee.

AB117, s. 11 Section 11. 11.05 (9) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB117,5,13 11.05 (9) (b) An individual who or a committee or group which receives a contribution of money and transfers the contribution to another individual, committee, or group while acting as a conduit is not subject to registration under this section unless the individual, committee, or group transfers the contribution to a candidate or a personal campaign, political party, or support committee.

AB117, s. 12 Section 12. 11.06 (2) of the statutes is amended to read:

AB117,5,23 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate or by a committee or group which is not primarily organized for political purposes, and the disbursement does not constitute a contribution to any candidate or other individual, committee, or group, the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum. The exemption provided by this subsection shall in no case be construed to apply to a political party, legislative campaign, personal campaign, or support committee.

AB117, s. 13 Section 13. 11.06 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB117,6,10 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate, or by a committee or group which is not primarily organized for political purposes, for a purpose other than to make a communication described in s. 11.01 (16) (a) 3., and the disbursement does not constitute a contribution to any candidate or other individual, committee or group, the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum. The exemption provided by this subsection shall in no case be construed to apply to a political party, personal campaign, or support committee.

AB117, s. 14 Section 14. 11.06 (7m) (a) of the statutes is amended to read:

AB117,7,2 11.06 (7m) (a) If a committee which was registered under s. 11.05 as a political party committee or legislative campaign committee supporting candidates of a political party files an oath under sub. (7) affirming that it does not act in cooperation or consultation with any candidate who is nominated to appear on the party ballot of the party at a general or special election, that the committee does not act in concert with, or at the request or suggestion of, such a candidate, that the committee does not act in cooperation or consultation with such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, and that the committee does not act in concert with, or at the request or suggestion of, such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, the committee filing the oath may not make any contributions in support of any candidate of the party at the general or special election or in opposition to any such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as authorized in par. (c).

AB117, s. 15 Section 15. 11.06 (7m) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB117,7,19 11.06 (7m) (a) If a committee which was registered under s. 11.05 as a political party committee supporting candidates of a political party files an oath under sub. (7) affirming that it does not act in cooperation or consultation with any candidate who is nominated to appear on the party ballot of the party at a general or special election, that the committee does not act in concert with, or at the request or suggestion of, such a candidate, that the committee does not act in cooperation or consultation with such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, and that the committee does not act in concert with, or at the request or suggestion of, such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, the committee filing the oath may not make any contributions in support of any candidate of the party at the general or special election or in opposition to any such candidate's opponents exceeding the applicable amounts specified in s. 11.26 (2) and (2m), except as authorized in par. (c).

AB117, s. 16 Section 16. 11.06 (7m) (c) of the statutes is amended to read:

AB117,8,2 11.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change its status to a political party committee or legislative campaign committee may do so as of December 31 of any even-numbered year. Section 11.26 does not apply to contributions received by such a committee prior to the date of the change. Such a committee may change its status at other times only by filing a termination statement under s. 11.19 (1) and reregistering as a newly organized committee under s. 11.05.

AB117, s. 17 Section 17. 11.06 (7m) (c) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB117,8,10 11.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change its status to a political party committee may do so as of December 31 of any even-numbered year. Section 11.26 does not apply to contributions received by such a committee prior to the date of the change. Such a committee may change its status at other times only by filing a termination statement under s. 11.19 (1) and reregistering as a newly organized committee under s. 11.05.

AB117, s. 18 Section 18. 11.16 (5) of the statutes is amended to read:

AB117,9,2 11.16 (5) Escrow agreements. Any personal campaign committee, or 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).

AB117, s. 19 Section 19. 11.16 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read: