AB355: Bill Text

LRB-0901/2

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2007 - 2008 LEGISLATURE

2007 Assembly BILL 355

May 24, 2007 - Introduced by Representatives Pocan, Berceau, Black, Boyle, Garthwaite, Hebl, Hintz, Parisi, Pope-Roberts, Seidel, Sinicki, Smith, Travis, Turner and Zepnick, cosponsored by Senators Risser, Hansen, Lassa, Lehman, Miller, Sullivan and Wirch. Referred to Committee on Elections and Constitutional Law.

AB355,2,2 An Act to repeal 11.21 (15), 11.26 (9) (c), 11.26 (10), 11.26 (13), 11.31 (2) and (2m), 11.31 (3), 11.31 (3m), 11.31 (6), 11.50, 20.855 (4) (b), 25.17 (1) (ys) and 71.10 (3); to renumber and amend 11.12 (6); to amend 5.02 (18), 5.62 (5), 7.08 (2) (c) and (cm), 7.70 (3) (e) 1., 8.16 (1), 8.16 (5), 8.35 (4) (a) 1. a. and b., 8.35 (4) (b), 8.50 (1) (d), 8.50 (3) (b), 10.02 (3) (b) 2m., 10.06 (1) (e), 10.06 (1) (i), 11.06 (1) (a), 11.06 (1) (g), 11.06 (1) (jm), 11.06 (2), 11.16 (5), 11.26 (2) (a), 11.26 (9) (a), 11.26 (9) (b), 11.26 (17) (a), 11.31 (title), 11.31 (1) (intro.), 11.31 (4), 11.31 (7) (b), 11.31 (7) (c), 11.31 (8), 11.31 (10), 11.38 (6), 14.58 (20) and 14.58 (20); to repeal and recreate 20.510 (1) (q), 20.511 (1) (q) and 25.42; and to create 11.01 (4m), 11.01 (16) (a) 3., 11.05 (3) (s), 11.12 (6) (b), 11.31 (9), 11.51, 20.855 (4) (ba) and 25.17 (1) (aw) of the statutes; relating to: the scope of regulated activity under the campaign finance law, public financing of elections for certain state offices, providing an exemption from emergency rule procedures, granting rule-making authority, providing a penalty, and making appropriations.

Analysis by the Legislative Reference Bureau

Scope of regulated activity

Currently, individuals who accept contributions, organizations that make or accept contributions, and individuals who or organizations that incur obligations or make disbursements for the purpose of influencing an election for state or local office are generally required to register with the appropriate filing officer and to file financial reports with that officer, regardless of whether they act in conjunction with or independently of any candidate who is supported or opposed.

With certain exceptions, this bill imposes registration and reporting requirements, in addition, upon any individual who and organization that, within 60 days of an election and by means of communications media, makes any communication that includes a reference to a candidate for state office, other than court of appeals judge, circuit judge, or district attorney, at that election, a state office, other than court of appeals judge, circuit judge, or district attorney, to be filled at that election, or a political party. The bill also requires an individual who or organization that becomes subject to a registration requirement by making such a communication to report, upon registration, the information that would have been required to be reported if the individual or organization had been registered with respect to any obligation incurred or disbursement made for the purpose of making such a communication prior to registration. The bill, however, does not require registration and reporting if the communication is made by a corporation, cooperative, or nonpolitical voluntary association and is limited to the corporation's, cooperative's, or association's members, shareholders, or subscribers.

The change in the scope of reportable activity under the bill also applies to contribution and disbursement (spending) limitations and restrictions by causing reportable "contributions," "obligations," and "disbursements" to include the cost of all reportable communications.

Public financing of elections for certain state offices

Currently, a candidate for state office other than court of appeals judge, circuit judge, or district attorney may qualify to receive a grant from the Wisconsin election campaign fund for use in an election campaign. No funding is provided for primary campaigns. To qualify for a grant, a candidate must qualify to have his or her name appear on the general or spring election ballot and must have an opponent who qualifies to have his or her name appear on that ballot. In addition, a candidate for a partisan office at the general election must receive at least 6 percent of the total vote cast on all ballots at the September primary election, and a candidate for a partisan office at a special election must either represent a political party whose candidate for the office that the candidate seeks received at least 6 percent of the total vote cast for that office at the most recent general election at which the office was contested or must receive at least 6 percent of the total vote cast for that office at the special election.

Currently, the maximum amount of a grant that a candidate may receive is 45 percent of the disbursement (spending) level or limit for the office that the candidate seeks. 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 committees other than political party or legislative campaign committees; it is possible that this amount may be reduced in a particular year if there are not sufficient moneys in the Wisconsin election campaign fund to provide full funding for all qualifying candidates. Grants may be used only to purchase services from a communications medium, printing, graphic arts, or advertising services, office supplies, or postage. A candidate must agree to abide by disbursement and self-contribution limits 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 disbursement and self-contribution limits. A candidate must return to the state grant moneys that are not spent by the candidate after the date of an election.

This bill replaces the Wisconsin election campaign fund with a new fund called the clean elections fund. Under the bill, a candidate for any state office other than court of appeals judge, circuit judge, or district attorney may qualify to receive a grant from the clean elections fund. Separate grants are provided for primary and election campaigns. To qualify for a grant, a candidate must qualify to have his or her name appear on the ballot at a spring, September, or special primary or a spring, general, or special election for which the grant money will be used. To qualify for a grant at a general or partisan special election, a candidate must be the nominee of a political party that currently qualifies to have its candidates appear on a separate ballot, or in a separate column or row on the ballot, or must receive at least 1 percent of the total vote cast on all ballots for the office that the candidate seeks at the September primary, or at the special primary, if a special primary is held. In addition, a candidate must raise and deposit with the state treasurer a specified number of qualifying contributions in the amount of $5 each. Each qualifying contribution must be received from an elector of this state and, for a candidate seeking legislative office, from an elector of the district in which the candidate seeks office; the name and address of the contributor must be reported to the Elections Board (Government Accountability Board sometime on or after August 31, 2007). The number of qualifying contributions ranges from 3,000 to 100, depending on the office sought by the candidate.

Under the bill, the maximum amount of a grant that a candidate may receive ranges from $1,000,000 in the primary and $2,000,000 in the election to $25,000 in the primary and $50,000 in the election, depending on the office sought by the candidate, except if a candidate has no opponent whose name is certified to appear on the ballot. Under the bill, an unopposed candidate at a primary election receives a grant equal to the average total disbursements made per candidate in primary elections for the office that the candidate seeks during the four-year period preceding the date of the primary election; an unopposed candidate at a spring, general, or special election receives a grant equal to the average total disbursements made per candidate in spring, general, and special elections for the office that the candidate seeks during the four-year period preceding the date of the spring, general, or special election, except that a candidate for the office of governor receives a grant of $100,000 for a primary election and $200,000 for a general election. Grant amounts are subject to a biennial cost-of-living adjustment.

To receive a grant, a candidate must affirm that he or she has not accepted and agrees not to accept a contribution from any source other than qualifying contributions or seed money contributions, which may be accepted by a candidate before the candidate qualifies to receive a grant. The total seed money contributions accepted by a candidate from one contributor, including contributions by a candidate to his or her own campaign, may not exceed $100. The total seed money contributions accepted by a candidate from all contributors range from $50,000 to $1,500, depending on the office sought by the candidate. A candidate must deposit with the Elections Board (Government Accountability Board sometime after August 31, 2007) any unencumbered seed money contributions held by the candidate on the day the candidate receives notification of qualification for a grant. If any person makes a disbursement (expenditure) for a communication that is reportable under the bill (see "scope of regulated activity," above) independently of a candidate or incurs an obligation to make such a disbursement, each candidate who accepts a grant qualifies to receive an additional grant equal to the amount of the disbursements and outstanding obligations made in opposition to that candidate or in support of his or her opponent. If a candidate who accepts a grant is opposed by a candidate who does not accept a grant or who violates his or her agreement, any candidate for the same office who accepts a grant qualifies to receive an additional grant equal to the amount by which disbursements by the other candidate exceed the original amount of the grant received by that candidate. The sum of all additional grants made to a single candidate may not exceed 2.5 times the original amount of a candidate's grant. The bill permits grants to be spent for any lawful purpose. To facilitate matching of independent expenditures made and obligations incurred in opposition to a candidate or in support of a candidate's opponent, the bill revises current special reporting requirements for individuals and committees making independent disbursements: instead of requiring the reporting of disbursements exceeding $20 cumulatively if they are made within 15 days of an election, the bill requires reporting of all independent disbursements made and obligations to make independent disbursements incurred for reportable communications in support of or in opposition to a candidate.

The bill deletes the disbursement and self-contribution limitations currently applicable to candidates who accept grants from the Wisconsin election campaign fund, as well as the provision that permits submission of an affidavit of voluntary compliance with those limitations. Under the bill, a candidate must return to the state grant moneys that are not spent by the candidate on the day after an election.

The bill provides that if a candidate does not adhere to the agreement required to obtain a grant, the candidate is subject to a forfeiture (civil penalty) equivalent to the amount of the grant that the candidate received, and may be fined an amount equal to not more than three times the amount of any contributions received by the candidate excluding the amount of any grant and any qualifying or seed money contributions that are permitted to be received under the bill.

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:

AB355, s. 1 Section 1. 5.02 (18) of the statutes is amended to read:

AB355,5,6 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 may participate in the Wisconsin election campaign receive grants from the clean elections fund.

AB355, s. 2 Section 2. 5.62 (5) of the statutes is amended to read:

AB355,5,15 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 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.

AB355, s. 3 Section 3. 7.08 (2) (c) and (cm) of the statutes are amended to read:

AB355,6,6 7.08 (2) (c) As soon as possible after the canvass of the spring and September primary votes, 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.

AB355,6,17 (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.

AB355, s. 4 Section 4. 7.70 (3) (e) 1. of the statutes is amended to read:

AB355,6,25 7.70 (3) (e) 1. After each September primary and special primary for a partisan state office other than the office of district attorney, the name of each candidate not defeated in the primary who receives at least 6% 1 percent of the total vote cast for all candidates on all ballots at the primary for each separate state office except district attorney each state office other than the office of district attorney, 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.

AB355, s. 5 Section 5. 8.16 (1) of the statutes is amended to read:

AB355,7,8 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.

AB355, s. 6 Section 6. 8.16 (5) of the statutes is amended to read:

AB355,7,15 8.16 (5) Any candidate for a partisan state office except district attorney 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.

AB355, s. 7 Section 7. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:

AB355,7,23 8.35 (4) (a) 1. a. Donated If the former candidate was a partisan candidate, donated to the former candidate's local or state political party if the former candidate was a partisan candidate, or donated to the a charitable organization of, as instructed by the former candidate's choice candidate or, if the charitable organization chosen by the former candidate is deceased and left no instruction, as instructed by the former candidate's next of kin if the former candidate is deceased, or if no choice is made returned to the donors on a proportional basis; or

AB355,8,3 b. If the former candidate was a nonpartisan candidate, donated to the a charitable organization of the former candidate's choice or the charitable organization chosen, as instructed by the former candidate or, if the former candidate is deceased and left no instruction, as instructed by the former candidate's next of kin if the former candidate is deceased; or

AB355, s. 8 Section 8. 8.35 (4) (b) of the statutes is amended to read:

AB355,8,11 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).

AB355, s. 9 Section 9. 8.50 (1) (d) of the statutes is amended to read:

AB355,9,2 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 a state office 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.

AB355, s. 10 Section 10. 8.50 (3) (b) of the statutes is amended to read:

AB355,9,16 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 a partisan state office 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.

AB355, s. 11 Section 11. 10.02 (3) (b) 2m. of the statutes is amended to read:

AB355,9,25 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, and make a cross (7) 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 a state office , other than the office of district attorney, 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% 1 percent of all votes cast on all ballots for the office for which he or she is a candidate, in addition to other requirements.

AB355, s. 12 Section 12. 10.06 (1) (e) of the statutes is amended to read:

AB355,10,13 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 state spring primary is held or when the only primary held is the presidential preference primary, 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.

AB355, s. 13 Section 13. 10.06 (1) (i) of the statutes is amended to read: