LRB-2715/2
JTK&JK:cs:rs
2007 - 2008 LEGISLATURE
January 18, 2008 - Introduced by Representatives Smith, Soletski, Hilgenberg,
Pope-Roberts, Boyle, Berceau
and Musser, cosponsored by Senator
Vinehout. Referred to Committee on Elections and Constitutional Law.
AB704,2,2 1An Act to repeal 11.31 (3m), 11.50 (4) (a), 11.50 (4) (c) and 11.50 (4) (cm); to
2renumber and amend
11.12 (6); to amend 5.02 (18), 5.62 (5), 7.08 (2) (c) and
3(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
4(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
5(1) (g), 11.06 (1) (jm), 11.06 (2), 11.26 (2) (a), 11.26 (9) (a), 11.26 (9) (b), 11.31 (1)
6(intro.), 11.31 (2m), 11.31 (4), 11.38 (6), 11.50 (1) (a) 1., 11.50 (1) (a) 2., 11.50 (2)
7(b) 5., 11.50 (3) (a) 1., 11.50 (3) (a) 2., 11.50 (3) (b), 11.50 (4) (intro.) and chapter
877 (title); to repeal and recreate 14.58 (20); and to create 11.01 (4m), 11.01
9(16) (a) 3., 11.05 (3) (s), 11.12 (6) (b), 11.31 (9), 11.51, 20.511 (1) (r), 20.855 (4)
10(ba), 20.855 (4) (bb), 25.17 (1) (aw), 25.421 and subchapter XIV of chapter 77
11[precedes 77.998] of the statutes; relating to: the scope of regulated activity
12under the campaign finance law, public financing of elections for certain state
13offices, imposition of a lobbying expenditure tax, providing an exemption from

1emergency rule procedures, granting rule-making authority, providing a
2penalty, 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, and it is
also 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 creates a new fund called the clean elections fund to provide campaign
grants to qualifying candidates for state legislative offices only. The bill retains the
Wisconsin election campaign fund to finance the campaigns of qualifying candidates
for other state offices. Under the bill, the amounts of grants that are payable to
qualifying candidates for nonlegislative offices are potentially increased. The bill
provides that a candidate for the office of state senator or representative to the
assembly 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 September
or special primary or a 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 from
an elector of the district in which the candidate seeks office, and the name and
address of the contributor must be reported to the Government Accountability
Board. The number of qualifying contributions is 150 for candidates seeking the
office of state senator and 100 for candidates seeking the office of representative to
the assembly.
The bill provides that the maximum amount of a grant that a candidate may
receive is $50,000 in the primary and $100,000 in the election for a candidate seeking
the office of state senator and $25,000 in the primary and $50,000 in the election for
a candidate seeking the office of representative to the assembly, except if a candidate
has no opponent whose name is certified to appear on the ballot and except that a

candidate may receive additional grants under certain conditions. 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. The bill also provides that an unopposed candidate at a general or special
election receives a grant equal to the average total disbursements made per
candidate in general and special elections for the office that the candidate seeks
during the four-year period preceding the date of the general or special election. If
a candidate who receives a grant is opposed by one or more candidates who could
qualify for a grant but who do not file an application or otherwise fail to meet the
requirements for obtaining a grant, the bill provides that the candidate who receives
a grant shall receive an additional grant equal to the total maximum grant that
would have been payable to that opponent or those opponents, subject to the
maximum limitation on total grant amounts (see below). 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 may not exceed $2,500 for a candidate
seeking the office of state senator and $1,500 for a candidate seeking the office of
representative to the assembly. A candidate must deposit with the Government
Accountability Board 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 made 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 that are
currently applicable to candidates for state legislative offices 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 who receives a grant from the clean elections fund must return to
the state any grant moneys that are not spent by the candidate after an election.
The bill provides that if a candidate does not adhere to the agreement required
to obtain a grant from the clean elections fund, 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.
Lobbying expenditure tax
This bill imposes a tax on lobbying principals (persons who employ lobbyists)
at the rate of 10 percent on lobbying expenditures that are reportable to the
Government Accountability Board. The tax is payable to the department of revenue
semiannually. All revenues derived from the tax are deposited into the clean
elections fund.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB704, s. 1 1Section 1. 5.02 (18) of the statutes is amended to read:
AB704,5,52 5.02 (18) "September primary" means the primary held the 2nd Tuesday in
3September to nominate candidates to be voted for at the general election, and to
4determine which candidates for state offices other than district attorney may
5participate in the Wisconsin election campaign fund and the clean elections fund.
AB704, s. 2 6Section 2. 5.62 (5) of the statutes is amended to read:
AB704,6,8
15.62 (5) At the September primary, an elector may vote for the candidates of
2only one party, or the elector may vote for any of the independent candidates for state
3office listed; but the elector may not vote for more than one candidate for a single
4office. A space shall be provided on the ballot for an elector to write in the name of
5his or her choice as a party candidate for any office, including a party candidate of
6a recognized political party whose name appears on the ballot, column or row
7designated for independent candidates, as provided in sub. (1) (b) 2. or (2) (b), but no
8space shall be provided to write in the names of independent candidates.
AB704, s. 3 9Section 3. 7.08 (2) (c) and (cm) of the statutes are amended to read:
AB704,6,1810 7.08 (2) (c) As soon as possible after the canvass of the spring and September
11primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
12September, transmit to the state treasurer a certified list of all eligible candidates
13for state office who have filed applications under s. 11.50 (2) or 11.51 (7) and whom
14the board determines to be eligible to receive payments grants from the Wisconsin
15election campaign fund or the clean elections fund. The list shall contain each
16candidate's name, the mailing address indicated upon the candidate's registration
17form, the office for which the individual is a candidate and the party or principle
18which he or she represents, if any.
AB704,7,419 (cm) As soon as possible after the canvass of a special primary, or the date that
20the primary would be held, if required, transmit to the state treasurer a certified list
21of all eligible candidates for state office who have filed applications under s. 11.50 (2)
22or 11.51 (7) and whom the board determines to be eligible to receive a grant from the
23Wisconsin election campaign fund or the clean elections fund prior to the election.
24The board shall also transmit a similar list of candidates, if any, who have filed
25applications under s. 11.50 (2) and whom the board determines to be eligible to

1receive a grant under s. 11.50 (1) (a) 2. after the special election. The list shall contain
2each candidate's name, the mailing address indicated upon the candidate's
3registration form, the office for which the individual is a candidate and the party or
4principle which he or she represents, if any.
AB704, s. 4 5Section 4. 7.70 (3) (e) 1. of the statutes is amended to read:
AB704,7,166 7.70 (3) (e) 1. After each September primary and special primary for a partisan
7state office other than the office of district attorney
, the name of each candidate not
8defeated in the primary who receives at least 6% of the total vote cast for all
9candidates on all ballots at the primary for each separate state office except district
10attorney
each state office other than the office of state senator, representative to the
11assembly, and district attorney, and the name of each candidate not defeated in the
12primary who receives at least 1 percent of the total vote cast for all candidates on all
13ballots at the primary for the office of state senator or representative to the assembly
,
14and the percentage of the total vote received by that each such candidate. Such
15percentage shall be calculated within each district in the case of legislative
16candidates.
AB704, s. 5 17Section 5. 8.16 (1) of the statutes is amended to read:
AB704,8,218 8.16 (1) Except as provided in sub. (2), the person who receives the greatest
19number of votes for an office on a party ballot at any partisan primary, regardless of
20whether the person's name appears on the ballot, shall be the party's candidate for
21the office, and the person's name shall so appear on the official ballot at the next
22election. All The names of all independent candidates for any state office other than
23state senator, representative to the assembly, or district attorney
shall appear on the
24general election ballot and the names of all independent candidates for the office of
25state senator or representative to the assembly shall appear on any special election

1ballot
regardless of the number of votes received by such candidates at the
2September or at any special primary.
AB704, s. 6 3Section 6. 8.16 (5) of the statutes is amended to read:
AB704,8,94 8.16 (5) Any candidate for a partisan state office except district attorney may
5also qualify for payments a grant under s. 11.50 or 11.51 if the candidate meets the
6requirements specified in s. 11.50 or 11.51; however, a candidate who qualifies under
7this section for placement on the official ballot at the general election or a special
8election
shall appear on such ballot regardless of whether he or she qualifies for
9payments a grant under s. 11.50 or 11.51.
AB704, s. 7 10Section 7. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:
AB704,8,1711 8.35 (4) (a) 1. a. Donated If the former candidate was a partisan candidate,
12donated
to the former candidate's local or state political party if the former candidate
13was a partisan candidate
, or donated to the a charitable organization of, as
14instructed by
the former candidate's choice candidate or, if the charitable
15organization chosen by the
former candidate is deceased and left no instruction, as
16instructed by the
former candidate's next of kin if the former candidate is deceased,
17or if no choice is made returned to the donors on a proportional basis
; or
AB704,8,2218 b. If the former candidate was a nonpartisan candidate, donated to the a
19charitable organization of the former candidate's choice or the charitable
20organization chosen
, as instructed by the former candidate or, if the former candidate
21is deceased and left no instruction, as instructed
by the former candidate's next of
22kin if the former candidate is deceased; or
AB704, s. 8 23Section 8. 8.35 (4) (b) of the statutes is amended to read:
AB704,9,524 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
25received by a candidate from the Wisconsin election campaign fund or the clean

1elections fund
shall be immediately transferred to any candidate who is appointed
2to replace such candidate, upon filing of a proper application therefor under s. 11.50
3(2) or 11.51 (7). If there is no candidate appointed or if no proper application is filed
4within 7 days of the date on which the vacancy occurs, such moneys shall revert to
5the state as provided in s. 11.50 (8).
AB704, s. 9 6Section 9. 8.50 (1) (d) of the statutes is amended to read:
AB704,9,207 8.50 (1) (d) When the election concerns a national or state office, the board shall
8transmit to each county clerk at least 22 days before the special primary a certified
9list of all persons for whom nomination papers have been filed in its office. If no
10primary is required, the list shall be transmitted at least 42 days prior to the day of
11the election. If a special primary for the office of state senator or representative to
12the assembly is held, the board shall send a certified list of candidates who are
13eligible to receive grants under s. 11.51 to the state treasurer pursuant to s. 7.08 (2)
14(cm).
Immediately upon receipt of the certified list of candidates from the board, the
15county clerk shall prepare his or her ballots. For a county special election, the county
16clerk shall certify the candidates and prepare the ballots. If there is a primary, the
17county clerk shall publish one type B notice in a newspaper under ch. 10. When a
18primary is held, as soon as possible after the primary, the county clerk shall certify
19the candidates and prepare the ballots for the following special election. The clerk
20shall publish one type B notice in a newspaper under ch. 10 for the election.
AB704, s. 10 21Section 10. 8.50 (3) (b) of the statutes is amended to read:
AB704,9,2522 8.50 (3) (b) Except as otherwise provided in this section, the provisions for
23September primaries under s. 8.15 are applicable to all partisan primaries held
24under this section, and the provisions for spring primaries under s. 8.10 are
25applicable to all nonpartisan primaries held under this section. In a special partisan

1primary or election, the order of the parties on the ballot shall be the same as
2provided under s. 5.62 (1) or 5.64 (1) (b). Independent The names of independent
3candidates for state office at a special partisan election shall not appear on the
4primary ballot, except that the names of independent candidates for the office of state
5senator or representative to the assembly shall appear on the primary ballot
. No
6primary is required for a nonpartisan election in which not more than 2 candidates
7for an office appear on the ballot or for a partisan election in which not more than one
8candidate for an office appears on the ballot of each recognized political party. In
9every special election except a special election for nonpartisan state office where no
10candidate is certified to appear on the ballot, a space for write-in votes shall be
11provided on the ballot, regardless of whether a special primary is held.
AB704, s. 11 12Section 11. 10.02 (3) (b) 2m. of the statutes is amended to read:
AB704,11,213 10.02 (3) (b) 2m. At the September primary, the elector shall select the party
14ballot of his or her choice or the ballot containing the names of the independent
15candidates for state office, and make a cross (7) next to or depress the lever or button
16next to the candidate's name for each office for whom the elector intends to vote or
17insert or write in the name of the elector's choice for a party candidate, if any. In order
18to qualify for participation in the Wisconsin election campaign fund, a candidate for
19a state office, other than the office of state senator, representative to the assembly,
20or district attorney,
at the September primary, other than a candidate for district
21attorney,
must receive at least 6% of all votes cast on all ballots for the office for which
22he or she is a candidate, in addition to other requirements. In order to qualify for a
23grant from the clean elections fund, a candidate for the office of state senator or
24representative to the assembly at the September primary or a special primary, if a

1special primary is held, must receive at least one percent of all votes cast on all ballots
2for the office for which he or she is a candidate, in addition to other requirements.
Loading...
Loading...