AB355: 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:

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:

AB355,10,19 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).

AB355, s. 14 Section 14. 11.01 (4m) of the statutes is created to read:

AB355,11,2 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.

AB355, s. 15 Section 15. 11.01 (16) (a) 3. of the statutes is created to read:

AB355,11,12 11.01 (16) (a) 3. A communication that is made by means of one or more communications media, other than a communication that is exempt from reporting under s. 11.29, that is made during the period beginning on the 60th day preceding an election and ending on the date of that election, and that includes a reference to a candidate for state office, other than court of appeals judge, circuit judge, or district attorney, whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election, a reference to a state office, other than court of appeals judge, circuit judge, or district attorney, to be filled at that election, or a reference to a political party.

AB355, s. 16 Section 16. 11.05 (3) (s) of the statutes is created to read:

AB355,11,18 11.05 (3) (s) In the case of a registrant that has made a communication identified in s. 11.01 (16) (a) 3., a report containing the information specified in s. 11.06 (1) with respect to any obligation to make a disbursement incurred or any disbursement made for the purpose of making such a communication prior to registration.

AB355, s. 17 Section 17. 11.06 (1) (a) of the statutes is amended to read:

AB355,11,24 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.

AB355, s. 18 Section 18. 11.06 (1) (g) of the statutes is amended to read:

AB355,12,4 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.

AB355, s. 19 Section 19. 11.06 (1) (jm) of the statutes is amended to read:

AB355,12,14 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).

AB355, s. 20 Section 20. 11.06 (2) of the statutes is amended to read:

AB355,13,2 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, and the disbursement is not made or the obligation is not incurred for the purpose of making a communication specified in s. 11.01 (16) (a) 3., 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.

AB355, s. 21 Section 21. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended to read:

AB355,13,22 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 subsection 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 subsection 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 under par. (b).

AB355, s. 22 Section 22. 11.12 (6) (b) of the statutes is created to read:

AB355,14,3 11.12 (6) (b) 1. If any person makes a communication identified in s. 11.01 (16) (a) 3., or incurs an obligation to make such a communication, the person shall, within 24 hours of making the communication or incurring the obligation to make the communication, report to the board the information required under this paragraph in such manner as the board may prescribe.

AB355,14,4 2. Each report under this paragraph shall contain the following information:

AB355,14,6 a. The name of each candidate who is identified in each communication or obligation to make a communication.

AB355,14,8 b. A statement as to whether the communication is intended to support or oppose that candidate.

AB355,14,11 c. The total amount or value of the disbursement made or obligation incurred to make the communication and the cumulative disbursements made and obligations incurred by the person with respect to that election.

AB355,14,16 3. 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 a communication identified in the report is made.

AB355, s. 23 Section 23. 11.16 (5) of the statutes is amended to read:

AB355,15,7 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).

AB355, s. 24 Section 24. 11.21 (15) of the statutes is repealed.

AB355, s. 25 Section 25. 11.26 (2) (a) of the statutes is amended to read:

AB355,15,13 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, 4 percent of the value of the disbursement level specified in the schedule under s. 11.31 (1), as adjusted under s. 11.31 (9).

AB355, s. 26 Section 26. 11.26 (9) (a) of the statutes is amended to read:

AB355,15,20 11.26 (9) (a) No individual who is a candidate for state or local office may receive and accept more than 65 percent of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided in 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.

AB355, s. 27 Section 27. 11.26 (9) (b) of the statutes is amended to read:

AB355,16,2 11.26 (9) (b) No individual who is a candidate for state or local office may receive and accept more than 45 percent of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided in 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.

AB355, s. 28 Section 28. 11.26 (9) (c) of the statutes is repealed.

AB355, s. 29 Section 29. 11.26 (10) of the statutes is repealed.

AB355, s. 30 Section 30. 11.26 (13) of the statutes is repealed.

AB355, s. 31 Section 31. 11.26 (17) (a) of the statutes is amended to read:

AB355,16,9 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.

AB355, s. 32 Section 32. 11.31 (title) of the statutes is amended to read:

AB355,16,11 11.31 (title) Disbursement levels and limitations; calculation.

AB355, s. 33 Section 33. 11.31 (1) (intro.) of the statutes is amended to read:

AB355,16,17 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.

AB355, s. 34 Section 34. 11.31 (2) and (2m) of the statutes are repealed.

AB355, s. 35 Section 35. 11.31 (3) of the statutes is repealed.

AB355, s. 36 Section 36. 11.31 (3m) of the statutes is repealed.

AB355, s. 37 Section 37. 11.31 (4) of the statutes is amended to read:

AB355,17,5 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.

AB355, s. 38 Section 38. 11.31 (6) of the statutes is repealed.

AB355, s. 39 Section 39. 11.31 (7) (b) of the statutes is amended to read:

AB355,17,10 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.

AB355, s. 40 Section 40. 11.31 (7) (c) of the statutes is amended to read:

AB355,17,14 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.

AB355, s. 41 Section 41. 11.31 (8) of the statutes is amended to read:

AB355,17,20 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.

AB355, s. 42 Section 42. 11.31 (9) of the statutes is created to read:

AB355,17,25 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.

AB355,18,15 (b) The dollar amounts of the levels specified in sub. (1) are subject to a biennial adjustment to be determined by rule of the board in accordance with this paragraph. To determine the adjustment, the board shall, in each year that the adjustment is made, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2009. For each biennium, the board shall multiply the amount of each level specified under sub. (1) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable level under sub. (1), round each sum to the nearest multiple of $5, and adjust the amount of each level to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this paragraph. 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.

AB355, s. 43 Section 43. 11.31 (10) of the statutes is amended to read: