SB213: Bill Text

LRB-3014/1

JTK&MES:wlj:jf

2011 - 2012 LEGISLATURE

2011 Senate BILL 213

October 5, 2011 - Introduced by Senators Erpenbach, Carpenter, King, C. Larson, Lassa and Wirch, cosponsored by Representatives Jorgensen, Hintz, Barca, Berceau, Bernard Schaber, Clark, Doyle, Fields, Grigsby, Hebl, Hulsey, Molepske Jr, Milroy, Pasch, Pocan, Pope-Roberts, Ringhand, Roys, Sinicki, C. Taylor, Turner and Zepnick. Referred to Committee on Transportation and Elections.

SB213,1,10 An Act to renumber and amend 7.70 (3) (e); to amend 5.02 (18), 5.35 (6) (b), 5.37 (4), 5.62 (1) (a), 5.62 (3), 5.81 (4), 5.91 (1), 5.91 (6), 8.15 (7), 8.16 (1), 8.20 (8) (a), 8.20 (9), 8.35 (4) (c), 8.50 (3) (b), 10.02 (3) (b) 2., 10.06 (1) (e), 10.06 (1) (i), 11.06 (1) (jm), 11.16 (5), 11.26 (17) (a), 11.31 (title), 11.31 (1) (intro.), 11.31 (7) (b) to (d) and 11.31 (8); and to create 5.62 (5), 7.08 (2) (c), 7.08 (2) (cm), 7.70 (3) (e) 1., 8.16 (5), 8.35 (4) (b), 10.02 (3) (b) 2m., 11.21 (15), 11.26 (9) (c), 11.26 (10), 11.26 (13), 11.31 (2), 11.31 (2m), 11.31 (3), 11.31 (3m), 11.31 (4), 11.31 (6), 11.31 (10), 11.50, 14.58 (20), 20.511 (1) (q), 20.855 (4) (b), 25.17 (1) (ys), 25.42 and 71.10 (3) of the statutes; relating to: creation of a Wisconsin election campaign fund, making appropriations, and providing penalties.

Analysis by the Legislative Reference Bureau

This bill authorizes each individual filing a state income tax return who has a tax liability or is owed a refund to designate that $1 of general purpose revenue be transferred to an election campaign fund administered by the Government Accountability Board (GAB) and the state treasurer. Under the bill, any candidate for a partisan state office, except district attorney, who receives at least 6 percent of the total vote cast on all ballots for the office the candidate seeks at the September primary and whose name is certified as a candidate in the general election is eligible to receive a grant from the fund to finance campaign expenses. The bill places the names of independent candidates on the September primary ballot in order to permit these candidates to qualify to receive grants. However, as under current law, a voter who votes for a party candidate for any office is not permitted to vote for any candidates not representing that party, but including independent candidates. The independent candidates continue to appear on the general election ballot regardless of the number of votes they receive at the primary. A candidate for state superintendent of public instruction or justice of the supreme court who is nominated at the primary may also qualify to receive grants. In addition, a candidate for a state office at a special partisan election may qualify to receive a grant if he or she represents a party whose candidate for the same office at the most recent general election received at least 6 percent of the total vote cast for the office or if he or she actually receives at least 6 percent of the total vote cast for the office at the special election. A candidate whose name appears on the ballot at a special election for the office of state superintendent may also qualify.

The moneys in the fund are apportioned as follows: 1) in those years in which there is an election for supreme court justice, candidates for that office may receive 8 percent of the money in the fund which is divided equally among them; 2) in those years in which there is an election for state superintendent, candidates for that office may receive 8 percent of the money in the fund which is divided equally between them; 3) the remainder is apportioned among the candidates for partisan state executive offices, who may receive 25 percent of the remaining money in the fund, and candidates for legislative office, who may receive 75 of the remaining money in the fund. The fund is further apportioned among candidates for the executive offices according to a specified formula. All eligible candidates for the same office may receive equal grants. If a candidate for an office does not accept a grant, the amount for which the candidate could have qualified is potentially payable to any opposing candidates for the same office who accept grants. To complete his or her qualification, a candidate must receive contributions of money from individuals during a specified period in amounts of $100 or less cumulatively from each individual. For a candidate for a statewide office or any candidate at a special election, the contributions must equal at least 5 percent of the candidate's statutory disbursement (expenditure) level. For other candidates, the contributions must equal at least 10 percent of the candidate's statutory disbursement level. A candidate for an office who accepts a grant must agree to abide by the statutory disbursement level unless the candidate is opposed by a candidate whose name appears on the ballot and who receives at least 6 percent of the total vote for the same office at the primary if a primary was held and that candidate does not accept a grant or does not abide by the statutory disbursement level. As under current law, a candidate who does not accept a grant is not bound by any disbursement level, but such a candidate may voluntarily agree to abide by the disbursement level by filing an affidavit with GAB affirming that intention.

Under the bill, grants are paid directly to each eligible candidate. Grants may be used only for office supplies or postage, or for the purchase of services from printers, graphic arts or advertising providers, or communications media. A candidate must return any unspent and unencumbered grant moneys to the state.

Under current law, no candidate for state office may receive more than 45 percent of his or her statutory disbursement level from committees other than political party committees. The bill treats grant moneys as committee contributions, thus reducing the amount of nonparty committee contributions that a candidate who accepts a grant may receive. The maximum amount that a candidate may receive is that amount, when added to all other nonparty committee contributions received by the candidate, equal to 45 percent of the candidate's disbursement level. If there is insufficient money within any account in the fund to make full payment of the grants to which all eligible candidates are entitled at any election, GAB is directed to proportionally reduce grant payments.

The bill transfers $1,128,600 from the general fund to the Wisconsin election campaign fund, which is approximately equivalent to the amount that was transferred from the campaign fund to the general fund in 2011 when the campaign fund existed under former law. Under the bill, initial grants are payable at the first election that follows the day the bill becomes law by at least 60 days, but the initial transfer of moneys from income tax designations is made on August 15 following the calendar or taxable year in which the first designations are made.

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:

SB213, s. 1 Section 1. 5.02 (18) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,3,6 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 fund.

SB213, s. 2 Section 2. 5.35 (6) (b) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,4,10 5.35 (6) (b) At each polling place in the state where a consolidated ballot under s. 5.655 is used or an electronic voting system is utilized at a partisan primary election incorporating a ballot upon which electors may mark votes for candidates of more than one recognized political party or for candidates of a recognized political party and independent candidates, the municipal clerk or board of election commissioners shall prominently post a sign in the form prescribed by the board warning electors in substance that on any ballot with votes cast for candidates of more than one recognized political party or any ballot with votes cast for candidates of any recognized political party and independent candidates, no votes cast for any candidates for partisan office will be counted unless a preference for a party or for the independent candidates is made. If the elector designates a preference, only votes cast for candidates of that preference will be counted.

SB213, s. 3 Section 3. 5.37 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,4,21 5.37 (4) Voting machines may be used at primary elections when they comply with subs. (1) and (2) and the following provisions: All candidates' names entitled to appear on the ballots at the primary shall appear on the machine; the elector cannot vote for candidates of more than one party, whenever the restriction applies, and an elector who votes for candidates of any party may not vote for independent candidates at the September primary; the elector may secretly select the party for which he or she wishes to vote or the independent candidates in the case of the September primary; the elector may vote for as many candidates for each office as he or she is lawfully entitled to vote for, but no more.

SB213, s. 4 Section 4. 5.62 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,5,19 5.62 (1) (a) At September primaries, the following ballot shall be provided for the nomination of candidates of recognized political parties for national, state and county offices and independent candidates for state office in each ward, in the same form as prescribed by the board under s. 7.08 (1) (a), except as authorized in s. 5.655. The ballots shall be made up of the several party tickets with each party entitled to participate in the primary under par. (b) or sub. (2) having its own ballot, except as authorized in s. 5.655. The independent candidates for state office other than district attorney shall have a separate ballot for all such candidates under s. 5.64 (1) (e), except as authorized in s. 5.655. The ballots shall be secured together at the bottom. The party ballot of the party receiving the most votes for president or governor at the last general election shall be on top with the other parties arranged in descending order based on their vote for president or governor at the last general election. The ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying under par. (b), in the same order in which the parties filed petitions with the board. Any ballot required under par. (b) 2. shall be placed next in order. The ballot listing the independent candidates shall be placed at the bottom. At polling places where voting machines are used, each party and the independent candidates shall be represented in one or more separate columns or rows on the ballot. At polling places where an electronic voting system is used other than an electronic voting machine, each party and the independent candidates may be represented in separate columns or rows on the ballot.

SB213, s. 5 Section 5. 5.62 (3) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,6,6 5.62 (3) The board shall designate the official primary ballot arrangement for statewide offices and district attorney within each prosecutorial district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate column or row on the ballot, the candidates for office shall be listed together with the offices which they seek in the following order whenever these offices appear on the September primary ballot: governor, lieutenant governor, attorney general, secretary of state, state treasurer, U.S. senator, U.S. representative in congress, state senator, representative to the assembly, district attorney and the county offices. Below the names of the independent candidates shall appear the part or principle of the candidates, if any, in 5 words or less, as shown on their nomination papers.

SB213, s. 6 Section 6. 5.62 (5) of the statutes is created to read:

SB213,6,15 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 party whose name appears on the ballot, column, or row designated for independent candidates, as provided in sub. (1) (b) or (2) (b), but no space shall be provided for an elector to write in the names of independent candidates.

SB213, s. 7 Section 7. 5.81 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,6,22 5.81 (4) In partisan primary elections, if a ballot contains the names of candidates of more than one party or the names of party candidates and independent candidates, it shall provide a space for electors to designate a party preference or a preference for independent candidates. Failure to designate a preference does not invalidate any votes cast by an elector, except as provided in s. 7.50 (1) (d).

SB213, s. 8 Section 8. 5.91 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,7,3 5.91 (1) It enables an elector to vote in secrecy and to select the party for which or the independent candidates for whom an elector will vote in secrecy at a partisan primary election.

SB213, s. 9 Section 9. 5.91 (6) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,7,12 5.91 (6) The voting device or machine permits an elector in a primary election to vote for the candidates of the recognized political party or the independent candidates of his or her choice, and the automatic tabulating equipment or machine rejects any ballot on which votes are cast in the primary of more than one recognized political party, except where a party or independent candidate designation is made or where an elector casts write-in votes for candidates of more than one party on a ballot that is distributed to the elector.

SB213, s. 10 Section 10. 7.08 (2) (c) of the statutes is created to read:

SB213,7,21 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) and whom the board determines to be eligible to receive grants from the Wisconsin election campaign fund. The list shall contain each candidate's name, the mailing address indicated on the candidate's registration statement, the office the candidate seeks, and the party or principle the candidate represents, if any.

SB213, s. 11 Section 11. 7.08 (2) (cm) of the statutes is created to read:

SB213,8,5 7.08 (2) (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) 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 on the candidate's registration statement, the office the candidate seeks, and the party or principle the candidate represents, if any.

SB213, s. 12 Section 12. 7.70 (3) (e) of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 7.70 (3) (e) (intro.) and amended to read:

SB213,8,10 7.70 (3) (e) (intro.) The chairperson of the board or the chairperson's designee shall make a special statement to the board as soon as possible after the canvass of the general election certifying:

SB213,8,12 2. After the general election, the name of each political party which receives at least one percent of the vote cast in such election for any statewide office.

SB213, s. 13 Section 13. 7.70 (3) (e) 1. of the statutes is created to read:

SB213,8,19 7.70 (3) (e) 1. After each September primary, the name of each candidate not defeated in the primary who receives at least 6 percent of the total vote cast for all candidates on all ballots at the primary for each separate state office except district attorney, and the percentage of the total vote received by that candidate. In the case of legislative candidates, the percentage shall be calculated within each legislative district.

SB213, s. 14 Section 14. 8.15 (7) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,9,3 8.15 (7) A candidate may not run in more than one party primary at the same time. No filing official may accept nomination papers for the same person in the same election for more than one party. An independent candidate at a partisan primary or other election may not file nomination papers as the candidate of a recognized political party for the same office at the same election. A person who files nomination papers as the candidate of a recognized political party may not file nomination papers as an independent candidate for the same office at the same election.

SB213, s. 15 Section 15. 8.16 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,9,12 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 regardless of the number of votes received by such candidates at the September primary.

SB213, s. 16 Section 16. 8.16 (5) of the statutes is created to read:

SB213,9,18 8.16 (5) A candidate for a partisan state office except district attorney may also qualify to receive a grant under s. 11.50 if the candidate meets the requirements specified in s.11.50; however, a candidate who qualifies under this section to have his or her name appear on the official ballot at the general election shall appear on that ballot regardless of whether the candidate qualifies to receive a grant under s. 11.50.

SB213, s. 17 Section 17. 8.20 (8) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,9,25 8.20 (8) (a) Nomination papers for independent candidates for any office to be voted upon at a general election or September primary and general election, except president, vice president and presidential elector, may be circulated no sooner than June 1 preceding the election and may be filed no later than 5 p.m. on the 2nd Tuesday of July preceding the September primary, except as authorized in this paragraph. If an incumbent fails to file nomination papers and a declaration of candidacy by 5 p.m. on the 2nd Tuesday of July preceding the September primary, all candidates for the office held by the incumbent, other than the incumbent, may file nomination papers no later than 72 hours after the latest time prescribed in this paragraph. No extension of the time for filing nomination papers applies if the incumbent files written notification with the filing officer or agency with whom nomination papers are filed for the office which the incumbent holds, no later than 5 p.m. on the 2nd Friday preceding the latest time prescribed in this paragraph for filing nomination papers, that the incumbent is not a candidate for reelection to his or her office, and the incumbent does not file nomination papers for that office within the time prescribed in this paragraph.