AB605: Bill Text

AB605,1 Section 1. 11.01 (2) of the statutes is amended to read:

AB605,4,2 11.01 (2) "Charitable organization" means any organization described in section 170 (c) (2) of the internal revenue code, and also includes the United States, any state, territory or possession, the District of Columbia and any political subdivision thereof, when a gift is made exclusively for public purposes ; but and not for the purpose of influencing public opinion or an election outcome. "Charitable organization" does not include any private organization conducting activities for political purposes.

AB605,2 Section 2. 11.01 (5) of the statutes is amended to read:

AB605,4,7 11.01 (5) "Communications media" means newspapers, periodicals, commercial billboards, and radio and television stations, including community antenna television stations, and Internet sites maintained by the newspapers, periodicals, commercial billboards, and radio and television stations.

AB605,3 Section 3. 11.01 (7m) of the statutes is created to read:

AB605,4,10 11.01 (7m) (a) "Electioneering communication" means any communication, except as provided in par. (b), for which all of the following apply:

AB605,4,12 1. It refers to a clearly identified candidate who will appear on the ballot for election or nomination for election.

AB605,4,15 2. It is made within the 60 days preceding the day on which the primary or election involving the candidate under subd. 1. is held, including the day of the primary or election.

AB605,4,16 3. It is targeted to the relevant electorate.

AB605,4,17 (b) "Electioneering communication" does not include any of the following:

AB605,4,21 1. A communication, other than an advertisement, appearing in a news story, commentary, or editorial distributed through the facilities of any legitimate news organization, unless the facilities are controlled by any political party, political committee, or candidate.

AB605,4,23 2. A communication made solely to promote a candidate debate or forum that is made by or on behalf of a person sponsoring the debate or forum.

AB605,4,25 3. A communication made exclusively between an organization and its members.

AB605,4 Section 4. 11.01 (12v) of the statutes is created to read:

AB605,5,6 11.01 (12v) "Mass communication" means a message that is disseminated by means of one or more communications media, a mass electronic communication, a mass distribution, or a mass telephoning, but not including a bona fide poll conducted for the purpose of objectively identifying or collecting data concerning the attitudes or preferences of electors.

AB605,5 Section 5. 11.01 (12w) of the statutes is created to read:

AB605,5,9 11.01 (12w) "Mass distribution" means the distribution of 500 or more pieces of substantially identical material.

AB605,6 Section 6. 11.01 (13) of the statutes is created to read:

AB605,5,13 11.01 (13) "Mass electronic communication" means the transmission of 500 or more pieces of substantially identical material by means of electronic mail, facsimile transmission, or social media.

AB605,7 Section 7. 11.01 (14) of the statutes is created to read:

AB605,5,16 11.01 (14) "Mass telephoning" means the making of 500 or more telephone calls conveying a substantially identical message.

AB605,8 Section 8. 11.01 (16) (intro.) of the statutes is renumbered 11.01 (16) (a) 3. and amended to read:

AB605,6,9 11.01 (16) (a) 3. An In the case of a candidate, a legislative campaign committee, a personal campaign committee, a support committee, other than a support committee that files a statement under s. 11.06 (7), or a political party, an act is made for a "political purposes" purpose" when it is done for the purpose of influencing the election or nomination for election of any individual to state or local office, for the purpose of influencing the recall from or retention in office of an individual holding a state or local office, for the purpose of payment of expenses incurred as a result of a recount at an election, or for the purpose of influencing a particular vote at a referendum. In the case of a candidate, or a committee or group which is organized primarily for the purpose of influencing the election or nomination for election of any individual to state or local office, for the purpose of influencing the recall from or retention in office of an individual holding a state or local office, or for the purpose of influencing a particular vote at a referendum, all All administrative and overhead expenses for the maintenance of an office or staff which are used principally for any such purpose under this subdivision are deemed to be for a political purpose.

AB605,9 Section 9. 11.01 (16) (a) (intro.) of the statutes is amended to read:

AB605,6,12 11.01 (16) (a) (intro.) Acts which are An act made for a "political purposes" include but are not limited to purpose" includes any of the following:

AB605,10 Section 10. 11.01 (16) (a) 1. of the statutes is amended to read:

AB605,6,17 11.01 (16) (a) 1. The making of a communication which in reference to a clearly identified candidate that expressly advocates the election, defeat, recall, or retention of a clearly identified that candidate or a particular vote at a referendum and that clearly relates to that candidate's campaign.

AB605,11 Section 11. 11.01 (16) (a) 4. of the statutes is created to read:

AB605,6,23 11.01 (16) (a) 4. A mass communication, other than a communication that is exempt from reporting under s. 11.29, that is made during the period beginning on the 60th day preceding an election and ending on the date of that election, and that includes a reference to a clearly identified candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election.

AB605,12 Section 12. 11.01 (16) (a) 5. of the statutes is created to read:

AB605,7,3 11.01 (16) (a) 5. Any mass communication, other than a communication that is exempt from reporting under s. 11.29, that a reasonable person would consider as advocating for or against a particular candidate, nominee, or referendum.

AB605,13 Section 13. 11.05 (3) (s) of the statutes is created to read:

AB605,7,9 11.05 (3) (s) In the case of a registrant that has made a mass communication identified in s. 11.01 (16) (a) 4., a report containing the information specified in s. 11.06 (1) with respect to any obligation to make a disbursement incurred or any disbursement made for the purpose of making such a communication prior to registration.

AB605,14 Section 14. 11.05 (12) (b) of the statutes is renumbered 11.05 (12) (b) (intro.) and amended to read:

AB605,7,22 11.05 (12) (b) (intro.) Except as authorized under sub. (13), a committee, group, or individual that becomes subject to a registration requirement under sub. (1) or (2), other than a candidate or agent of a candidate, shall comply with sub. (1) or (2) no later than the 5th business day commencing 48 hours after receipt of receiving the first contribution by the committee, group, or individual exceeding the amount specified under sub. (1) or (2) or s. 11.23 (1), and before making any disbursement exceeding that amount. No committee, group, or individual may receive a contribution during a calendar year at any time when the committee, group, or individual is not registered under this section except within the initial 48-hour period authorized by this paragraph. During that 48-hour period a committee, group, or individual may receive contributions as follows:

AB605,7,25 1. A committee supporting or opposing the election or nomination of a candidate at an election, other than an agent of a candidate, may accept any contribution or contributions not exceeding $300, no in the aggregate.

AB605,8,3 2. An individual supporting or opposing the election or nomination of a candidate at an election, other than a candidate or agent of a candidate, may accept any contribution or contributions not exceeding $300 , and no in the aggregate.

AB605,8,8 3. A group or an individual subject to registration under s. 11.23 may accept any contribution or contributions not exceeding $2,500 , in the aggregate during a calendar year at any time when the committee, group or individual is not registered under this section except within the initial 5-day period authorized by this paragraph.

AB605,15 Section 15. 11.055 (3) of the statutes is amended to read:

AB605,8,13 11.055 (3) Subsection (1) does not apply to a candidate or personal campaign committee. Subsection (1) does not apply to any registrant under s. 11.05 for any year during which the registrant does not make disbursements exceeding a total of $2,500.

AB605,16 Section 16. 11.06 (1) (intro.) of the statutes is amended to read:

AB605,8,21 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (2m), (3), and (3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

AB605,17 Section 17. 11.06 (1) (n) of the statutes is created to read:

AB605,8,25 11.06 (1) (n) A copy of a financial institution statement, corresponding to the end of the reporting period, for the campaign depository account and any other account to which contributions are deposited and disbursements made.

AB605,18 Section 18. 11.06 (2) of the statutes is amended to read:

AB605,9,12 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate or by a committee or group which is not primarily organized for political purposes, and the disbursement does not constitute a contribution to any candidate or other individual, committee, or group, and the disbursement is not made or the obligation is not incurred for the purpose of making a mass communication specified in s. 11.01 (16) (a) 4., the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum. The exemption provided by this subsection shall in no case be construed to apply to a political party, legislative campaign, personal campaign, or support committee.

AB605,19 Section 19. 11.06 (2m) of the statutes is created to read:

AB605,9,25 11.06 (2m) Social welfare organizations. Notwithstanding sub. (1), an entity organized under section 501 (c) (4) of the Internal Revenue Code that is engaged in acts for political purposes shall register under s. 11.05 (1) and shall report the percentage of its total expenditures during the reporting period that are paid as disbursements for the purpose of influencing the election or nomination for election of any individual to state or local office or for the purpose of influencing the recall from or retention in office of an individual holding a state or local office. If the total amount of the entity's disbursements for political purposes exceeds $5,000 in a calendar year, the entity shall include in its report an itemized statement of every disbursement exceeding $300 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. The entity shall make reports on forms prescribed by the board and signed by the appropriate individual under sub. (5).

AB605,20 Section 20. 11.07 (1) of the statutes is renumbered 11.07 (1) (a) 1. and amended to read:

AB605,10,8 11.07 (1) (a) 1. Every nonresident committee making contributions and every nonresident committee making disbursements to support or oppose the election or nomination of a candidate at an election exceeding $300 cumulatively in a calendar year within this state, every.

AB605,10,11 2. Every nonresident individual making disbursements to support or oppose the election or nomination of a candidate at an election exceeding $300 cumulatively in a calendar year within this state, and every.

AB605,10,17 3. Every nonresident group making contributions and every nonresident group or individual making disbursements to support or oppose a particular vote at a referendum exceeding $2,500 cumulatively in a calendar year within this state, shall file name, mailing and street address and the name and the mailing and street address of a designated agent within the state with the office of the secretary of state. An.

AB605,10,22 (am) A designated agent under par. (a) may be any adult individual who is a resident of this state. After any change in the name or address of such agent the new address or name of the successor agent shall be filed within 30 days. Service of process in any proceeding under this chapter or ch. 12, or service of any other notice or demand may be made upon such agent.

AB605,21 Section 21. 11.07 (1) (a) (intro.) of the statutes is created to read:

AB605,11,3 11.07 (1) (a) (intro.) The following committees, individuals, and groups shall file with the board their name, mailing address, and street address and the name, mailing address, and street address of their designated agent in this state:

AB605,22 Section 22. 11.07 (2) of the statutes is amended to read:

AB605,11,19 11.07 (2) During any period within which any individual or organization under sub. (1) fails to appoint or maintain in this state a registered agent, or whenever any such registered agent cannot with reasonable diligence be found at the street address listed on the registration, the secretary of state board shall be an agent and representative of such individual or organization upon whom any process, notice, or demand may be served. Service on the secretary of state board of any such process, notice, or demand against any such individual or organization shall be made by delivering to and leaving with the secretary of state, or with any clerk having charge of the secretary's office, board duplicate copies of such process, notice, or demand. If any process, notice, or demand is served on the secretary of state, he or she board, the board shall immediately cause one of such copies to be forwarded by registered mail, addressed to such individual, committee or group at its mailing address as the same appears in the records of the secretary of state board. The time within which the defendant may demur or answer does not start to run until 10 days after the date of such mailing.

AB605,23 Section 23. 11.07 (3) of the statutes is amended to read:

AB605,12,6 11.07 (3) The secretary of state board shall keep a record of all processes, notices, and demands served upon the secretary of state board under this section that shows the date and hour of service and the date of mailing. The certificate of the secretary of state board that a summons and complaint, notice of object of action, or any notice or demand required or permitted by law was served upon the secretary of state board and that the same was mailed by the secretary of state board as required by law, shall be evidence of service upon the secretary of state board. If the address of the individual, committee, or group is not known or readily ascertainable, mailing is dispensed with, and a copy of the process shall be published as a class 1 notice, under ch. 985, in the county in which the last-known registered agent was located or, if unknown, in Dane County.

AB605,24 Section 24. 11.12 (6) of the statutes is amended to read:

AB605,12,25 11.12 (6) If any disbursement of more than $20 $300 cumulatively is made to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or opposed, and not in concert with or at the request or suggestion of such a candidate, agent, or committee, but such that the disbursement is not included in a preprimary or preelection report submitted under s. 11.20 (3), the individual or treasurer of the committee shall, within 48 hours of making the disbursement, inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the next regular report of the individual or committee under s. 11.20. For purposes of this subsection, disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election. Upon receipt of a report under this subsection, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a disbursement identified in the report is made.

AB605,25 Section 25. 11.12 (7) of the statutes is created to read:

AB605,13,22 11.12 (7) If any registrant makes or incurs an obligation to make a disbursement of more than $300 cumulatively for the purpose of making a communication specified in s. 11.01 (16) (a) 4. later than 60 days prior to a primary or other election without cooperation or consultation with any candidate or agent or authorized committee of any candidate who is supported or opposed, and not in concert with or at the request or suggestion of any such candidate, agent, or committee, the registrant shall, within 24 hours after making the disbursement or incurring the obligation to make the disbursement, inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The registrant shall also include the information in the next regular report of the registrant under s. 11.20. For purposes of this subsection, disbursements and obligations cumulate beginning with the day after the last date covered on the registrant's immediately preceding report and ending with the day before the election. If a registrant has not filed a previous report, disbursements and obligations cumulate beginning on the date of the registrant's registration. A disbursement that was previously reported in a report under this subsection as obligated to be made shall not be included in the cumulative total. Upon receipt of a report under this subsection, the filing officer shall, within 24 hours of receipt, transmit a copy of the report to all candidates for any office in support of or opposition to one of whom a disbursement identified in the report is made or obligated to be made.

AB605,26 Section 26. 11.19 (1) of the statutes is amended to read:

AB605,14,15 11.19 (1) Whenever any registrant disbands or determines that obligations will no longer be incurred, and contributions will no longer be received nor disbursements made during a calendar year, and the registrant has no outstanding incurred obligations, the registrant shall file a termination report with the appropriate filing officer. Such report shall indicate a cash balance on hand of zero at the end of the reporting period and shall indicate the disposition of residual funds. In this subsection, residual funds includes any assets transferred to the registrant and having a value of $1,000 or greater. Residual funds may be used for any political 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. The report shall be filed and certified as were previous reports, and shall contain the information required by s. 11.06 (1). A registrant to which s. 11.055 (1) applies shall pay the fee imposed under that subsection with a termination report filed under this subsection. If a termination report or suspension report under sub. (2) is not filed, the registrant shall continue to file periodic reports with the appropriate filing officer, no later than the dates specified in s. 11.20. This subsection does not apply to any registrant making an indication under s. 11.05 (2r).

AB605,27 Section 27. 11.20 (4) of the statutes is amended to read:

AB605,14,24 11.20 (4) Continuing reports under s. 11.06 (1) by committees or individuals supporting or opposing candidates for office, including committees of a political party, and by individuals, groups or corporations supporting or opposing a referendum shall be received by the appropriate filing officer no earlier than January 1 and no later than January 31 20; and no earlier than July 1 and no later than July 20. Individuals, committees, groups and corporations to which s. 11.055 (1) applies shall pay the fee imposed under that subsection with their continuing reports filed in January of each year.

AB605,28 Section 28. 11.20 (8) (b) of the statutes is amended to read:

AB605,15,2 11.20 (8) (b) December 31 in the case of the continuing report required by January 31 20.

AB605,29 Section 29. 11.20 (10) (a) of the statutes is amended to read:

AB605,15,10 11.20 (10) (a) Where a requirement is imposed under this section for the filing of a financial report which is to be received by the appropriate filing officer no later than a certain date, the requirement may be satisfied either by actual receipt of the report by the prescribed time for filing at the office of the filing officer, or by filing a report with the U.S. postal service by first class mail with sufficient prepaid postage, addressed to the appropriate filing officer, no later than the date provided by law for receipt of such report.

AB605,30 Section 30. 11.20 (10) (c) of the statutes is repealed.

AB605,31 Section 31. 11.21 (2) of the statutes is amended to read:

AB605,16,3 11.21 (2) Furnish Not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20, provide to each registrant the prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20, and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements and obligations will not exceed the amount specified under s. 11.05 (2r) or to a registrant who has been granted a suspension under s. 11.19 (2). Forms for reports shall not be sent by the board to a registrant if the registrant is required to file reports with the board in an electronic format. Whenever any notice of filing requirements under this chapter is sent to a candidate's campaign treasurer, the board shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter electronically or, at the registrant's request, by 1st class mail addressed to the treasurer indicated on the registration statement.

AB605,32 Section 32. 11.21 (16) of the statutes is amended to read:

AB605,17,3 11.21 (16) Require each registrant for whom the board serves as filing officer and who or which accepts contributions in a total amount or value of $20,000 $10,000 or more during a campaign period to file each campaign finance report that is required to be filed under this chapter in an electronic format, and accept from any other registrant for whom the board serves as a filing officer any campaign finance report that is required to be filed under this chapter in an electronic format. A registrant who or which becomes subject to a requirement to file reports in an electronic format under this subsection shall initially file the registrant's report in an electronic format for the period which includes the date on which the registrant becomes subject to the requirement. To facilitate implementation of this subsection, the board shall specify, by rule, a type of software that is suitable for compliance with the electronic filing requirement under this subsection. The software shall allow an authorized individual to provide an electronic signature, as defined in s. 137.11 (8), that is subject to a security procedure, as defined in s. 137.11 (13). The board shall provide copies of the software to registrants at a price fixed by the board that may not exceed cost. A registrant who or which files a report under this subsection in an electronic format may file with the board that portion of the report signed by an authorized individual rather than submit the electronic signature of that individual. The board shall provide complete instructions to any registrant who or which files a report under this subsection. In this subsection, the "campaign period" of a candidate, personal campaign committee or support committee begins and ends with the "campaign" of the candidate whose candidacy is supported, as defined in s. 11.26 (17), and the "campaign period" of any other registrant begins on January 1 of each odd-numbered year and ends on December 31 of the following year.

AB605,33 Section 33. 11.22 (3) of the statutes is amended to read:

AB605,17,19 11.22 (3) Furnish Not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20, provide to each registrant the prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20 and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements and obligations will not exceed the amount specified under s. 11.05 (2r) or to a registrant who has been granted a suspension under s. 11.19 (2). Whenever any notice of the filing requirements under this chapter is sent to a candidate's campaign treasurer, the filing officer shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter electronically or, at the registrant's request, by 1st class mail addressed to the treasurer indicated on the registration statement.

AB605,34 Section 34. 11.26 (2) (a) of the statutes is renumbered 11.26 (2) (a) (intro.) and amended to read:

AB605,17,22 11.26 (2) (a) (intro.) Candidates for governor, lieutenant the following:

AB605,17,23 2. Lieutenant governor, secretary $12,939.

AB605,18,3 3. Secretary of state, state treasurer, attorney general, state superintendent, or justice, 4 percent of the value of the disbursement level specified in the schedule under s. 11.31 (1) $8,625.

AB605,35 Section 35. 11.26 (2) (a) 1. of the statutes is created to read:

AB605,18,5 11.26 (2) (a) 1. Governor, $43,128.

AB605,36 Section 36. 11.26 (2) (a) 4. of the statutes is created to read:

AB605,18,7 11.26 (2) (a) 4. Attorney general, $21,560.

AB605,37 Section 37. 11.26 (4) of the statutes is repealed.