AB387: Bill Text Engrossed

AB387-engrossed,32,13 11.0105 Reporting exemptions: dissolution of committee or conduit and termination reports. (1) (a) Except as provided in par. (b) and s. 11.0104 (4), whenever any committee or conduit dissolves or determines that obligations will no longer be incurred, contributions will no longer be received or, in the case of a conduit, accepted and released, and disbursements will no longer be made during a calendar year, and the committee has no outstanding incurred obligations, the committee or conduit shall file with the appropriate filing officer a termination report that indicates a cash balance of zero at the end of the reporting period. The committee or conduit shall certify the termination report in the manner required under s. 11.0103 (3) (c) and the committee shall include the information required to be reported by that committee on its continuing reports.

AB387-engrossed,32,16 (b) In no case may a candidate committee file a termination report covering any period ending sooner than the date of the election in which the candidate committee is participating.

AB387-engrossed,32,18 (2) A committee to which s. 11.0102 (2) applies shall pay the fee imposed under that subsection with a termination report filed under this section.

AB387-engrossed,32,23 (3) The committee shall include in the termination report filed under this section the manner in which residual funds were disposed. Residual funds may be used for any purpose not prohibited by law, returned to the donors in an amount not exceeding the original contribution, or donated to a charitable organization or the common school fund.

AB387-engrossed,33,3 (4) If a committee files a termination report under sub. (1) and within 60 days thereafter receives and accepts an unanticipated contribution, the committee shall do one of the following within 60 days after receipt of the unanticipated contribution:

AB387-engrossed,33,8 (a) File an amended termination report. An amended report supersedes the previous report. The individual who certifies to the accuracy of the report shall also certify to a statement that the amended report is filed on account of the receipt of unanticipated contributions and the failure to file a correct termination report was not intentional.

AB387-engrossed,33,10 (b) Return the contribution to the contributor or donate the contribution to the common school fund or to a charitable organization.

AB387-engrossed,33,13 11.0106 Disbursements; form. Every disbursement which is made by a committee registered under this chapter from the committee's depository account shall be made by negotiable instrument.

AB387-engrossed,33,16 11.0107 Nonapplicability. Federal account committees, federal candidate committees, and national political party committees are not required to register or report under this chapter.

AB387-engrossed,33,17 subchapter ii

AB387-engrossed,33,18 candidate committees

AB387-engrossed,33,24 11.0201 Registration; treasurer and depositories. (1) Each candidate shall either designate a treasurer of his or her candidate committee to comply with the registration and reporting requirements under this subchapter or serve as the treasurer and comply with the registration and reporting requirements under this subchapter. If the candidate appoints a treasurer, the candidate and the candidate's treasurer shall cosign the registration statement of the candidate's committee.

AB387-engrossed,34,2 (2) (a) The treasurer shall ensure that all funds received are deposited in the candidate committee depository account.

AB387-engrossed,34,10 (b) Notwithstanding par. (a), any candidate who serves as his or her own treasurer and who is authorized to file and files an amended registration statement under s. 11.0104 may designate a single personal account as his or her candidate committee depository account, and may intermingle personal and other funds with campaign funds. If a candidate establishes a separate candidate committee depository account, the candidate shall transfer all campaign funds in the personal account to the new depository account. Disbursements made from a personal account under this paragraph need not be identified in accordance with s. 11.0106.

AB387-engrossed,34,13 (3) No disbursement may be made or obligation incurred by or on behalf of a candidate committee without the authorization of the treasurer or a designated agent.

AB387-engrossed,34,16 (4) The treasurer shall maintain the records of the candidate committee in an organized and legible manner for not less than 3 years after the date of the election in which the candidate committee participates.

AB387-engrossed,34,21 11.0202 Registration; timing; candidate committee required. (1) Time of registration. (a) Each candidate, through his or her candidate committee, shall file a registration statement with the appropriate filing officer giving the information required under s. 11.0203 as soon as practicable after the individual qualifies as a candidate under s. 11.0101 (1).

AB387-engrossed,34,25 (b) A candidate who receives no contributions, makes no disbursements, and incurs no obligations shall file the registration statement as provided in this subsection, but need not designate a campaign depository account until the first contribution is received, disbursement is made, or obligation is incurred.

AB387-engrossed,35,3 (2) Candidate committee required. (a) Except as provided in par. (b), no candidate may make or accept contributions, make disbursements, or incur obligations except through a candidate committee registered under this subchapter.

AB387-engrossed,35,5 (b) A candidate does not violate this subsection by taking any of the following actions:

AB387-engrossed,35,11 1. Accepting a contribution, making a disbursement, or incurring an obligation in the amount required to rent a postal box, or in the minimum amount required by a bank or trust company to open a checking account, prior to the time of registration, if the disbursement is properly reported on the first report submitted under s. 11.0204 after the date that the candidate committee is registered, whenever a reporting requirement applies to the candidate committee.

AB387-engrossed,35,13 2. Accepting a contribution, making a disbursement, or incurring an obligation required for the production of nomination papers.

AB387-engrossed,35,15 (c) Except as provided in par. (d), no candidate may establish more than one candidate committee.

AB387-engrossed,35,18 (d) An individual who holds a state or local elective office may establish a second candidate committee under this subchapter for the purpose of pursuing a different state or local office.

AB387-engrossed,35,22 11.0203 Registration; required information. (1) Required information. The candidate committee shall indicate on the registration statement that it is registering as a candidate committee and shall include all of the following, where applicable, on the registration statement:

AB387-engrossed,35,23 (a) The name and mailing address of the candidate committee.

AB387-engrossed,36,3 (b) The name and mailing address of the candidate committee treasurer and any other custodian of books and accounts. Unless otherwise directed by the treasurer on the registration form and except as otherwise provided in this chapter or any rule of the board, all mailings that are required by law or by rule of the board shall be sent to the treasurer at the treasurer's address indicated upon the form.

AB387-engrossed,36,8 (c) In the case of a candidate committee of an independent candidate for partisan office or a candidate for nonpartisan county or municipal office, a list of the members of the committee, in addition to those specified in par. (b), if any, whom the filing officer shall recognize as eligible to fill a nomination vacancy if the candidate dies before the election.

AB387-engrossed,36,10 (d) The name and address of the depository account of the candidate committee and of any other institution where funds of the committee are kept.

AB387-engrossed,36,14 (2) Certification. The individual responsible for filing or amending a candidate committee's registration statement and any form or report required of the committee under this chapter shall certify that all information contained in the statement, form, or report is true, correct, and complete.

AB387-engrossed,36,19 (3) Change of information. (a) The candidate committee shall report any change in information previously submitted in a registration statement within 10 days following the change. Except as provided in par. (b), any such change may be reported only by the individual or by the officer who has succeeded to the position of an individual who signed the original statement.

AB387-engrossed,36,21 (b) A candidate or the treasurer of the candidate's committee may report a change in the candidate committee's registration statement.

AB387-engrossed,37,3 11.0204 Reporting. (1) Contributions and disbursements. (a) Each candidate, through his or her candidate committee, shall make full reports, upon a form prescribed by the board and certified as required under s. 11.0103 (3) (c), of all contributions, disbursements, and obligations received, made, and incurred by the candidate committee. The candidate committee shall include in each report the following information, covering the period since the last date covered on the previous report:

AB387-engrossed,37,6 1. An itemized statement giving the date, full name, and street address of each person who has made a contribution to the candidate committee, together with the amount of the contribution.

AB387-engrossed,37,9 2. An itemized statement giving the date, full name, and street address of each committee to which the candidate committee has made a contribution, together with the amount of the contribution.

AB387-engrossed,37,11 3. The occupation, if any, of each individual contributor whose cumulative contributions to the candidate committee for the calendar year are in excess of $200.

AB387-engrossed,37,16 4. An itemized statement of each contribution made anonymously to the candidate committee. If the contribution exceeds $10, the candidate committee shall specify whether the candidate committee donated the contribution to the common school fund or to a charitable organization, and shall include the full name and mailing address of the donee.

AB387-engrossed,37,18 5. A statement of totals during the reporting period of contributions received and contributions donated as provided in subd. 4.

AB387-engrossed,37,20 6. A statement of the cash balance on hand at the beginning and end of the reporting period.

AB387-engrossed,37,23 7. An itemized statement of each loan of money made to the candidate committee in an aggregate amount or value in excess of $20, together with all of the following:

AB387-engrossed,37,24 a. The full name and mailing address of the lender.

AB387-engrossed,37,25 b. A statement of whether the lender is a commercial lending institution.

AB387-engrossed,38,1 c. The date and amount of the loan.

AB387-engrossed,38,2 d. The full name and mailing address of each guarantor, if any.

AB387-engrossed,38,3 e. The original amount guaranteed by each guarantor.

AB387-engrossed,38,5 f. The balance of the amount guaranteed by each guarantor at the end of the reporting period.

AB387-engrossed,38,8 8. 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.

AB387-engrossed,38,12 9. An itemized statement of every obligation exceeding $20 in amount or value, together with the name of the person or business with whom the obligation was incurred, and the date and the specific purpose for which each such obligation was incurred.

AB387-engrossed,38,15 10. A statement of totals during the reporting period of disbursements made, including transfers made to and received from any other committees, other income, and loans.

AB387-engrossed,38,17 11. A statement of the balance of obligations incurred as of the end of the reporting period.

AB387-engrossed,38,20 (b) The candidate committee shall begin each report filed under this chapter with the first contribution received, disbursement made, or obligation incurred during the reporting period.

AB387-engrossed,38,25 (2) Reports; candidates at spring primary. A candidate committee of a candidate at a spring primary or of a candidate at a special primary held to nominate nonpartisan candidates to be voted for at a special election held to fill a vacancy in one or more of the nonpartisan state or local offices voted for at the spring election shall do all of the following:

AB387-engrossed,39,5 (a) File a preprimary report no earlier than 14 days and no later than 8 days preceding the primary. If a candidate for a nonpartisan state office at an election is not required to participate in a spring primary, the candidate committee shall file a preprimary report at the time prescribed in s. 11.0103 (4) preceding the date specified for the holding of the primary, were it to be required.

AB387-engrossed,39,7 (b) File a preelection report no earlier than 14 days and no later than 8 days preceding the election.

AB387-engrossed,39,9 (c) Annually in each year of an election cycle, file a report on the 15th day of the month in the months of January, April, July, and October.

AB387-engrossed,39,13 (3) Reports; candidates at spring elections. A candidate committee of a candidate at a spring election or of a candidate at a special election held to fill a vacancy in one or more of the nonpartisan state or local offices voted for at the spring election shall do all of the following:

AB387-engrossed,39,15 (a) File a preelection report no earlier than 14 days and no later than 8 days preceding the election.

AB387-engrossed,39,17 (b) Annually in each year of an election cycle, file a report on the 15th day of the month in the months of January, April, July, and October.

AB387-engrossed,39,20 (c) Unless a continuing report is required to be filed under this subsection on or before the 45th day after the special election, file a postelection report no earlier than 23 days and no later than 45 days after each special election.

AB387-engrossed,39,24 (4) Reports; candidates at partisan primary. A candidate committee of a candidate at a partisan primary or of a special primary held to nominate candidates to be voted for at a special election held to fill a vacancy in one or more of the state or local offices voted for at the general election shall do all of the following:

AB387-engrossed,40,2 (a) File a preprimary report no earlier than 14 days and no later than 8 days preceding the primary.

AB387-engrossed,40,4 (b) File a preelection report no earlier than 14 days and no later than 8 days preceding the election.

AB387-engrossed,40,6 (c) In an odd-numbered year, file a report on the 15th day of the month in the months of January, April, July, and October.

AB387-engrossed,40,8 (d) In an even-numbered year, file a report on the 15th day of the month in the months of January, April, and July, and on the 4th Tuesday in September.

AB387-engrossed,40,12 (5) Reports; candidates at general elections. A candidate committee of a candidate at a general election or of a candidate at a special election held to fill a vacancy in one or more of the state or local offices voted for at the general election shall do all of the following:

AB387-engrossed,40,14 (a) File a preelection report no earlier than 14 days and no later than 8 days preceding the election.

AB387-engrossed,40,16 (b) In an odd-numbered year, file a report on the 15th day of the month in the months of January, April, July, and October.

AB387-engrossed,40,18 (c) In an even-numbered year, file a report on the 15th day of the month in the months of January, April, and July, and on the 4th Tuesday in September.

AB387-engrossed,40,21 (d) Unless a continuing report is required to be filed under this subsection on or before the 45th day after the special election, file a postelection report no earlier than 23 days and no later than 45 days after each special election.

AB387-engrossed,40,25 (6) Reports; candidates holding office but not up for election at general election. A candidate committee of a candidate holding an office voted for at the general election but not up for election in the current election cycle shall do all of the following:

AB387-engrossed,41,2 (a) In an odd-numbered year, file a report on the 15th day of the month in the months of January, April, July, and October.

AB387-engrossed,41,4 (b) In an even-numbered year, file a report on the 15th day of the month in the months of January, April, and July, and on the 4th Tuesday in September.

AB387-engrossed,41,14 (7) Reports of late contributions. If any contribution or contributions of $1,000 or more cumulatively are received by a candidate committee for a candidate for state office from a single contributor later than 15 days prior to a primary or election and the contribution or contributions are not included in the preprimary or preelection report required of the committee under this chapter, the treasurer of the committee or the individual receiving the contribution shall, within 72 hours of receipt, provide the appropriate filing officer with the information required to be reported for contributions received by the committee under this subchapter in such manner as the board may prescribe. The information shall also be included in the committee's next regular report.

AB387-engrossed,41,19 11.0205 Transfers between candidates for governor and lieutenant governor. The candidate committee for governor and the candidate committee for lieutenant governor of the same political party may receive contributions and make disbursements for both candidates from either candidate committee's depository account.

AB387-engrossed,41,22 11.0206 Soliciting funds on behalf of certain organizations. Notwithstanding s. 19.45 (2), a candidate may solicit a donation for use by a nonprofit organization with which he or she is associated, as defined in s. 19.42 (2).

AB387-engrossed,42,2 11.0207 Continuing compliance. An individual does not cease to be a candidate for purposes of compliance with this chapter or ch. 12 after the date of an election and no candidate or candidate committee is released from any requirement or liability otherwise imposed under this chapter or ch. 12 simply because the election date has passed.

AB387-engrossed,42,3 subchapter iIi

AB387-engrossed,42,4 political parties

AB387-engrossed,42,7 11.0301 Registration; treasurer and depositories. (1) Each political party required to register under this chapter shall designate a treasurer to comply with the registration and reporting requirements under this subchapter.

AB387-engrossed,42,9 (2) The treasurer shall ensure that all funds received are deposited in the political party depository account.

AB387-engrossed,42,11 (3) No disbursement may be made or obligation incurred by or on behalf of the political party without the authorization of the treasurer or a designated agent.

AB387-engrossed,42,14 (4) The treasurer shall maintain the records of the political party in an organized and legible manner for not less than 3 years after the date of the election in which the political party participates.

AB387-engrossed,42,20 11.0302 Registration; timing. Every political party that makes or accepts contributions, makes disbursements, or incurs obligations to support or oppose a candidate in a calendar year shall, upon its inception and prior to making or accepting any such contribution, making any such disbursement, or incurring any such obligation file a registration statement giving the information required by s. 11.0303.

AB387-engrossed,42,24 11.0303 Registration; required information. (1) Required information. The political party shall indicate on the registration statement that it is registering as a political party and shall include all of the following on the registration statement:

AB387-engrossed,42,25 (a) The name and mailing address of the political party.

AB387-engrossed,43,5 (b) The name and mailing address of the treasurer and any other custodian of books and accounts. Unless otherwise directed by the treasurer on the registration form and except as otherwise provided in this chapter or any rule of the board, all mailings that are required by law or by rule of the board shall be sent to the treasurer at the treasurer's address indicated upon the form.

AB387-engrossed,43,7 (c) The name and address of the depository account of the political party and of any other institution where funds of the political party are kept.

AB387-engrossed,43,11 (2) Certification. The individual responsible for filing or amending a political party's registration statement and any form or report required of the political party under this chapter shall certify that all information contained in the statement, form, or report is true, correct, and complete.

AB387-engrossed,43,16 (3) Change of information. (a) The political party shall report any change in information previously submitted in a registration statement within 10 days following the change. Except as provided in par. (b), any such change may be reported only by the individual or by the officer who has succeeded to the position of an individual who signed the original statement.