AB265,4,2212 11.16 (3) Form of disbursements. Every Except as authorized under s. 11.511
13(1), every
disbursement which is made by a registered individual or treasurer from
14the campaign depository account shall be made by negotiable instrument. Such
15instrument shall bear on the face the full name of the candidate, committee,
16individual or group as it appears on the registration statement filed under s. 11.05
17and where necessary, such additional words as are sufficient to clearly indicate the
18political nature of the registrant or account of the registrant. The name of a political
19party shall include the word "party". The instrument of each committee registered
20with the board and designated under s. 11.05 (3) (c) as a special interest committee
21shall bear the identification number assigned under s. 11.21 (12) on the face of the
22instrument.
AB265,5 23Section 5. 11.26 (1) (a) of the statutes is amended to read:
AB265,4,2524 11.26 (1) (a) Candidates for governor, lieutenant governor, secretary of state,
25state treasurer, attorney general, or state superintendent, or justice, $10,000.
AB265,6
1Section 6. 11.26 (1) (am) of the statutes is created to read:
AB265,5,22 11.26 (1) (am) Candidates for justice, $1,000.
AB265,7 3Section 7. 11.26 (2) (a) of the statutes is amended to read:
AB265,5,64 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state,
5state treasurer, attorney general, or state superintendent, or justice, 4 percent of the
6value of the disbursement level specified in the schedule under s. 11.31 (1).
AB265,8 7Section 8. 11.26 (2) (am) of the statutes is created to read:
AB265,5,88 11.26 (2) (am) Candidates for justice, $1,000.
AB265,9 9Section 9. 11.26 (9) of the statutes is amended to read:
AB265,5,1610 11.26 (9) (a) No individual who is a candidate for state or local office may receive
11and accept more than 65 percent of the value of the total disbursement level
12determined under s. 11.31 or 11.511 (7) for the office for which he or she is a candidate
13during any primary and election campaign combined from all committees subject to
14a filing requirement, including political party and legislative campaign committees,
15including any transfer from any personal campaign committee to another personal
16campaign committee.
AB265,5,2317 (b) No individual who is a candidate for state or local office may receive and
18accept more than 45 percent of the value of the total disbursement level determined
19under s. 11.31 or 11.511 (7) for the office for which he or she is a candidate during any
20primary and election campaign combined from all committees other than political
21party and legislative campaign committees subject to a filing requirement, not
22including any transfer from any personal campaign committee to another personal
23campaign committee.
AB265,10 24Section 10. 11.26 (13) of the statutes is created to read:
AB265,6,2
111.26 (13) Public financing benefits received from the democracy trust fund are
2not subject to limitation by this section.
AB265,11 3Section 11. 11.31 (1) (d) of the statutes is amended to read:
AB265,6,54 11.31 (1) (d) Candidates for secretary of state, state treasurer, state
5superintendent, or justice, $215,625.
AB265,12 6Section 12. 11.501 to 11.522 of the statutes are created to read:
AB265,6,7 711.501 Definitions. In ss. 11.501 to 11.522:
AB265,6,9 8(1) "Allowable contribution" means a qualifying contribution, seed money
9contribution, or personal contribution authorized under ss. 11.502 to 11.522.
AB265,6,10 10(2) "Campaign" has the meaning given in s. 11.26 (17).
AB265,6,13 11(3) "Election campaign period" means the period beginning on the day after the
12spring primary election or the day on which a primary election would be held, if
13required, and ending on the day of the succeeding spring election.
AB265,6,19 14(4) "Eligible candidate" means a candidate for the office of justice who has an
15opponent, who has qualified to have his or her name certified for placement on the
16ballot at the spring primary or election, and who qualifies for a public financing
17benefit by collecting the required number of qualifying contributions, making all
18required reports and disclosures, and being certified by the board as being in
19compliance with ss. 11.502 to 11.522.
AB265,6,22 20(5) "Excess disbursement amount" means the amount of disbursements made
21by a nonparticipating candidate in excess of the public financing benefit available to
22an eligible candidate for the same office that the nonparticipating candidate seeks.
AB265,6,25 23(6) "Excess qualifying contribution amount" means the amount of qualifying
24contributions accepted by a candidate beyond the number or dollar amount of
25contributions required to qualify a candidate for a public financing benefit.
AB265,7,3
1(7) "Exploratory period" means the period that begins after the date of a spring
2election immediately preceding a public financing qualifying period and ends on the
3first day of the public financing qualifying period for the next election for justice.
AB265,7,5 4(9) "Immediate family," when used with reference to a candidate, includes the
5candidate's spouse and children.
AB265,7,10 6(10) "Independent disbursement" means a disbursement by a person expressly
7advocating the election or defeat of a clearly identified candidate which is made
8without cooperation or consultation with a candidate, or any authorized committee
9or agent of a candidate, and which is not made in concert with, or at the request or
10suggestion of, any candidate, or any authorized committee or agent of a candidate.
AB265,7,13 11(11) "Nonparticipating candidate" means a candidate for the office of justice
12who does not apply for a public financing benefit or who is otherwise ineligible or fails
13to qualify for a public financing benefit under ss. 11.502 to 11.522.
AB265,7,15 14(12) "Personal funds" means funds contributed by a candidate or a member of
15a candidate's immediate family.
AB265,7,19 16(13) "Primary election campaign period" means the period beginning on the
17day after the last day prescribed by law for filing nomination papers for the office of
18justice and ending on the day of the spring primary election for that office or the day
19on which the primary election would be held, if required.
AB265,7,21 20(14) "Public financing benefit" means a benefit provided to an eligible
21candidate under ss. 11.502 to 11.522.
AB265,7,25 22(15) "Public financing qualifying period" means, for each election for the office
23of justice, the period beginning on the first day of July of the year immediately
24preceding the year of that election and ending on the day before the beginning of the
25primary election campaign period for that office.
AB265,8,4
1(16) "Qualifying contribution" means a contribution in an amount of not less
2than $5 nor more than $100 made to a candidate by an elector of this state during
3the public financing qualifying period, which is acknowledged by written receipt
4identifying the contributor.
AB265,8,10 5(17) "Seed money contribution" means a contribution in an amount of not more
6than $100 made to a candidate by an elector of this state during the exploratory
7period or the public financing qualifying period, or a contribution made to a
8candidate consisting of personal funds of that candidate in an amount not more than
9the amount authorized under s. 11.507 during the exploratory period or the public
10financing qualifying period.
AB265,8,19 1111.502 Qualification; certification. (1) Before a candidate for justice in the
12primary election may be certified as an eligible candidate to receive a public
13financing benefit for the primary election campaign period, the candidate shall apply
14to the board for a public financing benefit and file a sworn statement that the
15candidate has complied and will comply with all requirements of this section and ss.
1611.503 to 11.522 throughout the applicable campaign, which includes the primary
17and election for that office. A candidate shall file the application and statement no
18later than the beginning of the primary election campaign period for the office that
19the candidate seeks.
AB265,8,24 20(2) A candidate shall be certified by the board as an eligible candidate for
21receipt of a public financing benefit for a primary election if the candidate complies
22with sub. (1) and receives qualifying contributions from at least 1,000 separate
23contributors in an aggregate amount of not less than $5,000 nor more than $15,000
24before the close of the public financing qualifying period.
AB265,9,3
1(3) The board shall verify a candidate's compliance with the requirements of
2sub. (2) by such verification and sampling techniques as the board considers
3appropriate.
AB265,9,4 4(4) Each candidate shall:
AB265,9,65 (a) Acknowledge each qualifying contribution by a receipt to the contributor
6which contains the contributor's name and home address.
AB265,9,107 (b) No later than the 15th or the last day of the month which immediately
8follows the date of receipt of a qualifying contribution, whichever comes first, file a
9copy of the receipt under par. (a) with the board, except that during July, August, and
10September a copy need only be filed by the last day of the month.
AB265,9,12 11(5) A qualifying contribution may be used only for the purpose of making a
12disbursement authorized by law.
AB265,9,20 1311.503 Time of application. (1) Before a candidate may be certified as
14eligible for receipt of a public financing benefit for the spring election, the candidate
15shall apply to the board and file a sworn statement that the candidate has fulfilled
16all the requirements of ss. 11.502 to 11.522 during the primary election campaign
17period and will comply with such requirements during the election campaign period.
18Except as authorized in s. 8.35 (4) (b), the application shall be filed no later than the
197th day after the date of the spring primary or the date that the primary election
20would be held if a primary were required.
AB265,9,24 21(2) The board shall certify a candidate as an eligible candidate for receipt of a
22public financing benefit for the spring election if the candidate complies with sub. (1)
23and the candidate was an eligible candidate during the primary election campaign
24period.
AB265,10,8
111.505 Agreement by candidate. An eligible candidate who accepts a public
2financing benefit under ss. 11.502 to 11.522 during the primary election campaign
3period shall agree to comply with all requirements of ss. 11.502 to 11.522 throughout
4the election campaign period during the same campaign as a precondition to receipt
5of a public financing benefit. An eligible candidate who accepts a public financing
6benefit during a primary election campaign period may not elect to accept private
7contributions in violation of ss. 11.502 to 11.522 during the corresponding election
8campaign period.
AB265,10,12 911.506 Requirements imposed upon candidates. (1) An eligible
10candidate shall not accept private contributions other than seed money
11contributions and qualifying contributions that the candidate accepts during the
12exploratory period and the public financing qualifying period.
AB265,10,20 13(2) In addition to reports required to be filed under ss. 11.12 (5) and 11.20, a
14candidate who receives a public financing benefit shall furnish complete financial
15records, including records of seed money contributions, qualifying contributions, and
16disbursements, to the board on the 15th or the last day of the month that
17immediately follows the receipt of the contribution or the making of the
18disbursement, whichever comes first, except that during July, August, and
19September records need only be furnished by the last day of the month. Each such
20candidate shall cooperate with any audit or examination by the board.
AB265,11,4 21(3) In addition to adhering to requirements imposed under ss. 11.06 (5) and
2211.12 (3), a candidate who receives a public financing benefit shall maintain records
23of all contributions received by the candidate of more than $5 but less than $50,
24including seed money contributions and qualifying contributions, which shall
25contain the full name of the contributor and the contributor's full home address. In

1addition, if a contributor's aggregate contributions to any candidate exceed $50 for
2any campaign, the candidate shall also maintain a record of the contributor's
3principal occupation and the name and business address of the contributor's place
4of employment.
AB265,11,7 5(4) The failure to record or provide the information specified in sub. (3)
6disqualifies a contribution from being used by a candidate as a qualifying
7contribution.
AB265,11,10 8(5) No eligible candidate and no person acting on a candidate's behalf may
9deposit any contribution that is not recorded in accordance with sub. (3) in a
10candidate's campaign depository account.
AB265,11,14 11(6) No eligible candidate may accept more than $25 in cash from any
12contributor. No eligible candidate may accept cash from all sources in a total amount
13greater than one-tenth of 1 percent of the public financing benefit for the office that
14the candidate seeks or $500, whichever is greater.
AB265,11,17 1511.507 Personal funds of candidates. (1) The personal funds of a candidate
16contributed as seed money contributions may not exceed an aggregate amount of
17$5,000.
AB265,11,19 18(2) No eligible candidate may make any disbursement derived from personal
19funds after the close of the public financing qualifying period.
AB265,12,2 2011.508 Seed money contributions. (1) An eligible candidate may accept
21seed money contributions from any individual or committee prior to the end of the
22public financing qualifying period, provided the total contributions received from one
23contributor, except personal funds and qualifying contributions otherwise permitted
24under ss. 11.502 to 11.522, do not exceed $100, and the aggregate contributions,

1including personal funds, but not including qualifying contributions, do not exceed
2$5,000.
AB265,12,5 3(2) An eligible candidate may make disbursements derived from seed money
4contributions only during the exploratory period and the public financing qualifying
5period.
AB265,12,12 611.509 Excess contributions. If an eligible candidate receives and accepts
7excess seed money contributions or qualifying contributions in an aggregate amount
8greater than the limits prescribed in s. 11.502 (2) or 11.508 (1), the candidate shall
9transfer to the board all seed money and qualifying contributions that exceed the
10limits prescribed in this section within 48 hours after the end of the public financing
11qualifying period. The board shall deposit all contributions transferred under this
12section in the democracy trust fund.
AB265,12,19 1311.51 Certification by candidate. (1) To apply for a public financing benefit,
14a candidate shall certify to the board that the candidate has complied and will
15comply, throughout the applicable campaign, with all requirements of ss. 11.502 to
1611.522 and that all disclosures required as of the time of application have been made,
17and shall present evidence of the requisite number of qualifying contributions
18received by the candidate. The candidate's request for certification shall be signed
19by the candidate and the candidate's campaign treasurer.
AB265,13,2 20(2) The board shall certify to the state treasurer the name of each eligible
21candidate at the spring primary together with the amount of the public financing
22benefit payable to the candidate promptly after the candidate demonstrates his or
23her eligibility and, in any event, not later than 5 days after the end of the public
24financing qualifying period. The state treasurer shall immediately credit that
25candidate's account with a line of credit for the amount certified. No candidate may

1utilize a line of credit received under this subsection until the beginning of the
2primary election campaign period.
AB265,13,11 3(3) The board shall certify to the state treasurer the name of each eligible
4candidate at the spring election together with the amount of the public financing
5benefit payable to the candidate not later than 48 hours after the date of the spring
6primary election for the office of justice, or the date that the primary election would
7be held if a primary were required. The state treasurer shall immediately credit that
8candidate's account with a line of credit for the amount certified. However, no
9candidate for a particular office shall receive a line of credit until all candidates for
10the office of justice who apply and qualify for a public financing benefit have been
11certified as eligible candidates.
AB265,13,17 12(4) If any candidate who receives a public financing benefit violates the
13requirements of ss. 11.502 to 11.522, the board shall require the candidate to repay
14the amount obligated by the candidate from the democracy trust fund for the primary
15or election campaign period for which the candidate received the benefit. The board
16shall deposit all repayments received under this subsection in the democracy trust
17fund.
AB265,14,2 1811.511 Public financing benefits. (1) The state treasurer shall provide to
19each eligible candidate who qualifies to receive a public financing benefit for the
20primary or election campaign period separate lines of credit for the public financing
21benefits payable to the candidate for the primary and election campaign periods in
22the amounts specified in this section. An eligible candidate may use this public
23financing benefit to finance any lawful disbursements during the primary and
24election campaign periods to further the election of the candidate in that primary or

1election. An eligible candidate shall not use this public financing benefit to repay any
2loan, or in violation of ss. 11.502 to 11.522 or any other applicable law.
AB265,14,4 3(2) The public financing benefit for a primary election campaign period is
4$100,000.
AB265,14,5 5(3) The public financing benefit for an election campaign period is $300,000.
AB265,14,7 6(4) If there is no spring primary for the office of justice, no eligible candidate
7may receive a public financing benefit for the primary election campaign period.
AB265,14,12 8(5g) An eligible candidate who receives a public financing benefit in the
9primary election campaign period and whose name is certified to appear on the ballot
10at the election following that primary may utilize any unencumbered balance of the
11public financing benefit received by the candidate in the primary election campaign
12period for the election campaign period.
AB265,14,17 13(5r) Except as permitted in sub. (5g), an eligible candidate who receives a
14public financing benefit and who does not encumber or expend some portion of the
15benefit for a purpose described in sub. (1) shall return any unencumbered portion of
16the benefit to the board within 30 days after the primary or election in which the
17candidate participates.
AB265,14,22 18(6) Notwithstanding subs. (2) and (3), beginning on July 1, 2018, and every 2
19years thereafter, the board shall modify the public financing benefits provided for in
20subs. (2) and (3) to adjust for the change in the consumer price index, all items, U.S.
21city average, published by the U.S. department of labor for the preceding 2-year
22period ending on December 31.
AB265,15,5 23(7) No candidate for the office of justice who files an application for a public
24financing benefit and certification under s. 11.51 (1) and who accepts a public
25financing benefit may make or authorize total disbursements in a campaign,

1beginning with the first day of the exploratory period and ending on the date of the
2spring election, to the extent of more than the maximum amounts specified in ss.
311.502 (2) and 11.508 (1), plus the amount specified in s. 11.511 (3), as adjusted under
4s. 11.511 (6), and, if there is a primary for the office of justice, the amount specified
5in s. 11.511 (2), as adjusted under s. 11.511 (6).
AB265,15,8 611.515 Democracy trust fund. The democracy trust fund shall be
7administered by the state treasurer. The state treasurer shall establish an account
8within the fund for each eligible candidate.
AB265,15,11 911.516 Administration. Except as otherwise specifically provided in ss.
1011.501 to 11.522, the duties of and authority for administering and enforcing ss.
1111.501 to 11.522 are vested in the board.
AB265,15,17 1211.517 Penalties; enforcement. (1) Notwithstanding s. 11.60 (1), if an
13eligible candidate makes disbursements that exceed the total amount of the public
14financing benefit allocated to the candidate for any campaign and the total
15qualifying and seed money contributions lawfully accepted by the candidate, the
16candidate may be required to forfeit not more than 10 times the amount by which the
17disbursements exceed the allocation.
AB265,15,21 18(2) Notwithstanding s. 11.60 (1), any eligible candidate who accepts
19contributions in excess of any limitation imposed under ss. 11.502 to 11.522 may be
20required to forfeit not more than 10 times the amount by which the contributions
21exceed the applicable limitation.
AB265,16,4 22(3) If the board finds that there is probable cause to believe that an eligible
23candidate has made excess disbursements or has accepted excess contributions
24contrary to sub. (1) or (2), the board shall attempt for a period of not more than 14
25days after its finding to correct the matter by informal methods of conference and

1conciliation and to enter into a settlement and conciliation agreement under s. 5.05
2(1) (c) with the person involved. A settlement and conciliation agreement made
3pursuant to this subsection shall be a matter of public record. Unless violated, a
4settlement and conciliation agreement is a bar to any civil action under sub. (4).
AB265,16,10 5(4) If the board has probable cause to believe that an eligible candidate has
6made excess disbursements or has accepted excess contributions and the board is
7unable to correct the matter by informal methods within the time prescribed in sub.
8(3), the board shall make a public finding of probable cause in the matter. After
9making a public finding, the board may bring a civil action against the eligible
10candidate as provided in s. 5.05 (1) (c).
AB265,16,18 11(5) If an elector believes that an eligible candidate has violated ss. 11.502 to
1211.522 and the elector is entitled to vote for or against the eligible candidate in the
13election in connection with which the violation is alleged to occur, the elector may file
14a complaint with the board requesting it to take remedial action. If the board refuses
15to take remedial action or, within 30 days after the filing of such a complaint, fails
16to take remedial action, the elector may commence a civil action requesting the court
17to impose a forfeiture under sub. (1) or (2) in circuit court for the county where the
18board is authorized to bring an action under s. 5.05 (1) (c).
AB265,16,21 19(6) The board and courts shall expedite all proceedings under ss. 11.502 to
2011.522 so that all complaints brought prior to an election are resolved, to the extent
21possible, before the election is held.
AB265,16,25 22(7) If a complaint brought under ss. 11.502 to 11.522 is resolved against the
23complainant and is found to have been brought in bad faith and without reasonable
24basis therefor, the board or court may assess costs, including reasonable attorney
25fees, against the complainant.
AB265,17,6
111.518 Prohibited acts. (1) Notwithstanding s. 11.61 (1) (c), if an eligible
2candidate or agent of a candidate knowingly accepts more contributions than the
3candidate is entitled to receive, or makes disbursements exceeding the total amount
4of the public financing benefit received by the candidate and the qualifying and seed
5money contributions lawfully received by the candidate, the candidate or agent is
6guilty of a Class G felony.
AB265,17,10 7(2) Notwithstanding s. 11.61 (1) (c), if in connection with the receipt or
8disbursement of a public financing benefit for an election campaign, any person
9knowingly provides false information to the board, or knowingly conceals or
10withholds information from the board, that person is guilty of a Class G felony.
AB265,17,14 1111.522 Contributions to nonparticipating candidates. A
12nonparticipating candidate may accept contributions from private sources without
13limitation, except that no person may make any contribution or contributions to a
14nonparticipating candidate exceeding a total of $1,000 during any campaign.
AB265,13 15Section 13. 11.60 (4) of the statutes is amended to read:
AB265,17,2216 11.60 (4) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (h),
175.08, and 5.081, actions under this section or 11.517 may be brought by the board or
18by the district attorney for the county where the defendant resides or, if the
19defendant is a nonresident, by the district attorney for the county where the violation
20is alleged to have occurred. For purposes of this subsection, a person other than a
21natural person resides within a county if the person's principal place of operation is
22located within that county.
AB265,14 23Section 14. 11.61 (2) of the statutes is amended to read:
AB265,18,524 11.61 (2) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (i),
255.08, and 5.081, all prosecutions under this section or s. 11.518 shall be conducted

1by the district attorney for the county where the defendant resides or, if the
2defendant is a nonresident, by the district attorney for the county where the violation
3is alleged to have occurred. For purposes of this subsection, a person other than a
4natural person resides within a county if the person's principal place of operation is
5located within that county.
AB265,15 6Section 15. 20.005 (3) (schedule) of the statutes: at the appropriate place,
7insert the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
AB265,16
1Section 16. 20.511 (1) (r) of the statutes is created to read:
AB265,19,32 20.511 (1) (r) Democracy trust fund administration. From the democracy trust
3fund, the amounts in the schedule for the administration of ss. 11.501 to 11.522.
AB265,17 4Section 17. 20.585 (1) (q) of the statutes is created to read:
AB265,19,75 20.585 (1) (q) Public financing benefits; candidates for justice. From the
6democracy trust fund, a sum sufficient to provide for payment of public financing
7benefits to eligible candidates under ss. 11.501 to 11.522.
AB265,18 8Section 18. 20.585 (1) (r) of the statutes is created to read:
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