LRB-2998/1
JTK:cjs:jf
2005 - 2006 LEGISLATURE
May 17, 2005 - Introduced by Committee on Campaigns and Elections. Referred
to Committee on Campaigns and Elections.
AB429,1,4 1An Act to repeal 11.50 (2m); to amend 20.510 (1) (q); and to repeal and
2recreate
71.10 (3) (b) of the statutes; relating to: deletion of changes to
3campaign finance and related laws made by 2001 Wisconsin Act 109 affecting
4public information concerning the Wisconsin election campaign fund.
Analysis by the Legislative Reference Bureau
2001 Wisconsin Act 109 made comprehensive changes to campaign finance law,
ethics, income tax, public broadcasting, and cable television laws. Most changes
made by Act 109 took effect on July 1, 2003. With the exception of provisions
requiring candidate time on public broadcasting stations and public access channels
at public expense, these provisions were made nonseverable so that if a court found
that any of the provisions were unconstitutional all of the provisions would then be
invalid. In Wisconsin Realtors Association et al. v. Ponto et al., 299 F.Supp.2d 889
(W.D. Wis., 2002), the U.S. District Court found that one provision of Act 109 relating
to advance reporting of certain independent disbursements before obligations are
incurred to make those disbursements violates the First and Fourteenth
amendments. This decision apparently precludes enforcement and administration
of the Act 109 changes as of December 11, 2002. The Act 109 changes, however,
currently remain in the statutes.
This bill deletes the changes described above made by Act 109 that are affected
by the nonseverability provision relating to authorization for the Elections Board to
allocate up to one percent of the annual amounts designated by individuals filing

income tax returns for the Wisconsin election campaign fund (WECF) to provide
public information concerning the purpose and effect of WECF.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB429, s. 1 1Section 1. 11.50 (2m) of the statutes, as created by 2001 Wisconsin Act 109,
2is repealed.
AB429, s. 2 3Section 2. 20.510 (1) (q) of the statutes, as affected by 2001 Wisconsin Act 109,
4is amended to read:
AB429,2,95 20.510 (1) (q) Wisconsin election campaign fund. As a continuing
6appropriation, from the Wisconsin election campaign fund, the moneys determined
7under s. 11.50 to provide for payments to eligible candidates whose names are
8certified under s. 7.08 (2) (c) and (cm) and to provide for public information as
9authorized under s. 11.50 (2m)
.
AB429, s. 3 10Section 3. 71.10 (3) (b) of the statutes, as affected by 2001 Wisconsin Act 109,
11is repealed and recreated to read:
AB429,2,1912 71.10 (3) (b) The secretary of revenue shall provide a place for those
13designations on the face of the individual income tax return and shall provide next
14to that place a statement that a designation will not increase tax liability. Annually
15on August 15, the secretary of revenue shall certify to the elections board, the
16department of administration and the state treasurer under s. 11.50 the total
17amount of designations made during the preceding fiscal year. If any individual
18attempts to place any condition or restriction upon a designation, that individual is
19deemed not to have made a designation on his or her tax return.
AB429,2,2020 (End)
Loading...
Loading...