AB428: Bill Text

AB428, s. 16 Section 16. 11.05 (3) (m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB428, s. 17 Section 17. 11.05 (3) (o) of the statutes is created to read:

AB428,9,23 11.05 (3) (o) In the case of a legislative campaign committee, a statement signed by the leader of the party in the house for which the committee is established attesting to the fact that the committee is the only authorized legislative campaign committee for that party in that house.

AB428, s. 18 Section 18. 11.05 (3) (r) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB428, s. 19 Section 19. 11.05 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,10,17 11.05 (5) Change of information. Any change in information previously submitted in a statement of registration shall be reported by the registrant to the appropriate filing officer within 10 days following the change. This period does not apply in case of change of an indication made under sub. (2r), which shall be reported no later than the date that a registrant is subject to a filing requirement under sub. (2r). Any such change may be reported only by the individual or by the officer who has succeeded to the position of an individual who signed the original statement; but in the case of a personal campaign committee, a candidate or campaign treasurer may report a change in the statement except as provided in s. 11.10 (2), and in the case of any other committee or group, the chief executive officer or treasurer indicated on the statement may report a change. If a preexisting support committee is adopted by a candidate as his or her personal campaign committee, the candidate shall file an amendment to the committee's statement under this subsection indicating that all information contained in the statement is true, correct and complete.

AB428, s. 20 Section 20. 11.05 (9) (title) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,10,20 11.05 (9) (title) Conduits.

AB428, s. 21 Section 21. 11.05 (9) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,11,3 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.

AB428, s. 22 Section 22. 11.05 (12) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,11,14 11.05 (12) (b) Except as authorized under sub. (13), a committee, group or individual other than a candidate or agent of a candidate shall comply with sub. (1) or (2) no later than the 5th business day commencing after receipt of the first contribution by such committee, group or individual, and before making any disbursement. No committee, group or individual, other than a candidate or agent of a candidate, may accept any contribution or contributions exceeding $25 in the aggregate during a calendar year at any time when the committee, group or individual is not registered under this section except within the initial 5-day period authorized by this paragraph.

AB428, s. 23 Section 23. 11.05 (13) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,11,23 11.05 (13) Bank account and postal box; exemption. An individual, committee or group does not violate this section by accepting a contribution and making a disbursement in the amount required to rent a postal box, or in the minimum amount required by a bank or trust company to open a checking account, prior to the time of registration, if the disbursement is properly reported on the first report submitted under s. 11.20 after the date that the individual, committee or group is registered, whenever a reporting requirement applies to the registrant.

AB428, s. 24 Section 24. 11.06 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,12,7 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) and (3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

AB428, s. 25 Section 25. 11.06 (1) (cm) and (dm) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

AB428, s. 26 Section 26. 11.06 (1) (e) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,12,14 11.06 (1) (e) An itemized statement of contributions over $20 from a single source donated to a charitable organization or to the common school fund, with the full name and mailing address of the donee.

AB428, s. 27 Section 27. 11.06 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,12,25 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.

AB428, s. 28 Section 28. 11.06 (2m) (title) and (a) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed.

AB428, s. 29 Section 29. 11.06 (2m) (b) to (d) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

AB428, s. 30 Section 30. 11.06 (3) (b) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,13,9 11.06 (3) (b) (intro.) Notwithstanding sub. (1), a nonresident registrant shall report on a form prescribed by the board the applicable information under sub. (1) concerning:

AB428, s. 31 Section 31. 11.06 (4) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,13,16 11.06 (4) (b) Unless it is returned or donated within 15 days of receipt, a contribution must be reported as received and accepted on the date received. This subsection applies notwithstanding the fact that the contribution is not deposited in the campaign depository account by the closing date for the reporting period as provided in s. 11.20 (8).

AB428, s. 32 Section 32. 11.06 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,14,2 11.06 (5) Report must be complete. A registered individual or treasurer of a group or committee shall make a good faith effort to obtain all required information. The first report shall commence no later than the date that the first contribution is received and accepted or the first disbursement is made. Each report shall be filed with the appropriate filing officer on the dates designated in s. 11.20. The individual or the treasurer of the group or committee shall certify to the correctness of each report. In the case of a candidate, the candidate or treasurer shall certify to the correctness of each report. If a treasurer is unavailable, any person designated as a custodian under s. 11.05 (3) (e) may certify to the correctness of a report.

AB428, s. 33 Section 33. 11.06 (7m) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,14,19 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).

AB428, s. 34 Section 34. 11.06 (7m) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,15,2 11.06 (7m) (b) If the committee has already made contributions in excess of the amounts specified in s. 11.26 (2) at the time it files an oath under sub. (7), each candidate to whom contributions are made shall promptly return a sufficient amount of contributions to bring the committee in compliance with this subsection and the committee may not make any additional contributions in violation of this subsection.

AB428, s. 35 Section 35. 11.06 (7m) (c) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,15,11 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.

AB428, s. 36 Section 36. 11.06 (11) (bm) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB428, s. 37 Section 37. 11.07 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,15,24 11.07 (1) Every nonresident committee or group making contributions and every nonresident individual, committee or group making disbursements exceeding $25 cumulatively in a calendar year within this state shall file name, mailing and street address and the name and the mailing and street address of a designated agent within the state with the office of the secretary of state. An agent may be any adult individual who is a resident of this state. After any change in the name or address of such agent the new address or name of the successor agent shall be filed within 30 days. Service of process in any proceeding under this chapter or ch. 12, or service of any other notice or demand may be made upon such agent.

AB428, s. 38 Section 38. 11.07 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,16,7 11.07 (5) Any campaign treasurer or individual who knowingly receives a contribution made by an unregistered nonresident in violation of this section may not use or expend such contribution but shall immediately return it to the source or at the option of the campaign treasurer or individual, donate the contribution to a charitable organization or to the common school fund.

AB428, s. 39 Section 39. 11.09 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,16,19 11.09 (3) Each registrant whose filing officer is the board, who or which makes disbursements in connection with elections for offices which serve or referenda which affect only one county or portion thereof, except a candidate, personal campaign committee, political party committee or other committee making disbursements in support of or in opposition to a candidate for state senator, representative to the assembly, court of appeals judge or circuit judge, shall file a duplicate original of each financial report filed with the board with the county clerk or board of election commissioners of the county in which the elections in which the registrant participates are held. Such reports shall be filed no later than the dates specified under s. 11.20 (2) and (4) for the filing of each report with the board.

AB428, s. 40 Section 40. 11.10 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,17,12 11.10 (1) Each candidate in an election shall appoint one campaign treasurer. Except as provided in s. 11.14 (3), each candidate shall designate one campaign depository account within 5 business days after the candidate receives his or her first contribution and before the candidate makes or authorizes any disbursement in behalf of his or her candidacy. If a candidate adopts a preexisting support committee as his or her personal campaign committee, the candidate shall make such designation within 5 business days of adoption. The person designated as campaign treasurer shall be the treasurer of the candidate's personal campaign committee, if any. The candidate may appoint himself or herself or any other elector as campaign treasurer. A registration statement under s. 11.05 (2g) or (2r) must be filed jointly by every candidate and his or her campaign treasurer. The candidate does not qualify for ballot placement until this requirement is met. Except as authorized under s. 11.06 (5), the campaign treasurer or candidate shall certify as to the correctness of each report required to be filed, and the candidate bears the responsibility for the accuracy of each report for purposes of civil liability under this chapter, whether or not the candidate certifies it personally.

AB428, s. 41 Section 41. 11.12 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,17,18 11.12 (2) Any 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 contribution shall be donated to the common school fund or to any charitable organization at the option of the treasurer.

AB428, s. 42 Section 42. 11.12 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,17,24 11.12 (4) Each registrant shall report contributions, disbursements and incurred obligations in accordance with s. 11.20. Except as permitted under s. 11.06 (2), (3) and (3m), each report shall contain the information which is required under s. 11.06 (1).

AB428, s. 43 Section 43. 11.12 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,18,14 11.12 (5) If any contribution or contributions of $500 or more cumulatively are received by a candidate for state office or by a committee or individual from a single contributor later than 15 days prior to a primary or election such that it is not included in the preprimary or preelection report submitted under s. 11.20 (3), the treasurer of the committee or the individual receiving the contribution shall within 24 hours of receipt 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 treasurer's or individual's next regular report. For purposes of the reporting requirement under this subsection, only contributions received during the period 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 need be reported.

AB428, s. 44 Section 44. 11.12 (6) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,19,7 11.12 (6) 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 subsection, 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 subsection, 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.

AB428, s. 45 Section 45. 11.12 (8) and (9) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed.

AB428, s. 46 Section 46. 11.14 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,19,23 11.14 (3) Notwithstanding sub. (1), any candidate who serves as his or her own campaign treasurer and who is authorized to make and makes an indication on his or her registration statement under s. 11.05 (2r) that he or she will not accept contributions, make disbursements or incur obligations in an aggregate amount exceeding $1,000 in a calendar year, and will not accept any contribution or contributions from a single source, other than contributions made by the candidate to his or her own campaign, exceeding $100 in a calendar year, may designate a single personal account as his or her campaign depository account, and may intermingle personal and other funds with campaign funds. If a separate depository account is later established by the candidate, the candidate shall transfer all campaign funds in the personal account to the new depository account. Disbursements made from such personal account need not be identified in accordance with s. 11.16 (3).

AB428, s. 47 Section 47. 11.16 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,20,6 11.16 (2) Limitation on cash contributions. 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.

AB428, s. 48 Section 48. 11.16 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,20,23 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).

AB428, s. 49 Section 49. 11.19 (title) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,21,1 11.19 (title) Dissolution of registrants; termination reports.

AB428, s. 50 Section 50. 11.19 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,21,19 11.19 (1) Whenever any registrant disbands or determines that obligations will no longer be incurred, and contributions will no longer be received nor disbursements made during a calendar year, and the registrant has no outstanding incurred obligations, the registrant shall file a termination report with the appropriate filing officer. Such report shall indicate a cash balance on hand of zero at the end of the reporting period and shall indicate the disposition of residual funds. Residual funds may be used for any political purpose not prohibited by law, returned to the donors in an amount not exceeding the original contribution, or donated to a charitable organization or the common school fund. The report shall be filed and certified as were previous reports, and shall contain the information required by s. 11.06 (1). A registrant to which s. 11.055 (1) applies shall pay the fee imposed under that subsection with a termination report filed under this subsection. If a termination report or suspension report under sub. (2) is not filed, the registrant shall continue to file periodic reports with the appropriate filing officer, no later than the dates specified in s. 11.20. This subsection does not apply to any registrant making an indication under s. 11.05 (2r).

AB428, s. 51 Section 51. 11.20 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,22,2 11.20 (1) All reports required by s. 11.06 which relate to activities which promote or oppose candidates for state office or statewide referenda and all reports under s. 11.08 shall be filed with the board. All reports required by s. 11.06 which relate to activities which promote or oppose candidates for local office or local referenda shall be filed with the appropriate filing officer under s. 11.02, except reports filed under s. 11.08.

AB428, s. 52 Section 52. 11.20 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,22,7 11.20 (2) Preprimary and preelection reports under s. 11.06 (1) shall be received by the appropriate filing officer no earlier than 14 days and no later than 8 days preceding the primary and the election.

AB428, s. 53 Section 53. 11.20 (2s) and (2t) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

AB428, s. 54 Section 54. 11.20 (3) (a) and (b) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read:

AB428,22,17 11.20 (3) (a) A candidate or personal campaign committee of a candidate at a primary shall file a preprimary and preelection report. If a candidate for a nonpartisan state office at an election is not required to participate in a primary, the candidate or personal campaign committee of the candidate shall file a preprimary report at the time prescribed in sub. (2) preceding the date specified in s. 5.02 (20) or (22) for the holding of the primary, were it to be required.

AB428,22,19 (b) A candidate or personal campaign committee of a candidate at an election shall file a preelection report.

AB428, s. 55 Section 55. 11.20 (7) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,22,23 11.20 (7) In the event that any report is required to be filed under this section on a nonbusiness day, it may be filed on the next business day thereafter.

AB428, s. 56 Section 56. 11.20 (8) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,23,2 11.20 (8) (intro.) Reports filed under subs. (2), (4), and (4m) shall include all contributions received and transactions made as of the end of:

AB428, s. 57 Section 57. 11.20 (8) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,23,6 11.20 (8) (a) The 15th day preceding the primary or election in the case of the preprimary and preelection report.

AB428, s. 58 Section 58. 11.20 (8) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB428, s. 59 Section 59. 11.20 (9) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,23,13 11.20 (9) Except as provided in ss. 11.05 (2r) and 11.19 (2), the duty to file reports under this section continues until a termination report is filed in accordance with s. 11.19.

AB428, s. 60 Section 60. 11.20 (10) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,23,22 11.20 (10) (a) Where a requirement is imposed under this section for the filing of a financial report which is to be received by the appropriate filing officer no later than a certain date, the requirement may be satisfied either by actual receipt of the report by the prescribed time for filing at the office of the filing officer, or by filing a report with the U.S. postal service by first class mail with sufficient prepaid postage, addressed to the appropriate filing officer, no later than the date provided by law for receipt of such report.

AB428, s. 61 Section 61. 11.20 (12) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,24,5 11.20 (12) If a candidate is unopposed in a primary or election, the obligation to file the reports required by this chapter does not cease. Except as provided in ss. 11.05 (2r) and 11.19 (2), a registrant who makes or receives no contributions, makes no disbursements or incurs no obligations shall so report on the dates designated in subs. (2) and (4).

AB428, s. 62 Section 62. 11.21 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,24,20 11.21 (2) Furnish to each registrant prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20, and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements and obligations will not exceed the amount specified under s. 11.05 (2r) or to a registrant who has been granted a suspension under s. 11.19 (2). Forms for reports shall not be sent by the board to a registrant if the registrant is required to file reports with the board in an electronic format. Whenever any notice of filing requirements under this chapter is sent to a candidate's campaign treasurer, the board shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter.

AB428, s. 63 Section 63. 11.21 (15) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,25,2 11.21 (15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin election campaign fund of the dollar amount of the applicable disbursement limitation under s. 11.31 which applies to the office for which such person is a candidate. Failure to receive the notice required by this subsection does not constitute a defense to a violation of s. 11.27 (1) or 11.31.

AB428, s. 64 Section 64. 11.21 (16) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read: