AB605: Bill Text

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.

AB605,38 Section 38. 11.26 (4m) of the statutes is created to read:

AB605,18,13 11.26 (4m) (a) No individual may make any contribution or contributions in excess of $10,000 in any calendar year to any committee that makes electioneering communications or that has as its major purpose expressly advocating the election or defeat of a clearly identified candidate.

AB605,18,15 (b) No individual may make any contribution or contributions in excess of $10,000 in any calendar year to a political party.

AB605,39 Section 39. 11.26 (5) of the statutes is amended to read:

AB605,18,23 11.26 (5) The contribution limits provided in subs. (1) and (4) (4m) do not apply to a candidate who makes any contribution or contributions to his or her own campaign for office from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, with respect to any contribution or contributions made to that candidate's campaign only. A candidate's personal contributions shall be deposited in his or her campaign depository account and reported in the normal manner.

AB605,40 Section 40. 11.26 (6) of the statutes is amended to read:

AB605,19,7 11.26 (6) When a candidate adopts a preexisting support committee as his or her personal campaign committee, the support committee is deemed to have been the same committee as the candidate's personal campaign committee for purposes of the application of subs. (1), and (2) and (9). The limitations prescribed in subs. sub. (2) and (9) do not apply to the transfer of contributions which is made at the time of such adoption, but do apply to the contributions which have been made by any other committee to the support committee at the time of adoption.

AB605,41 Section 41. 11.26 (9) of the statutes is repealed.

AB605,42 Section 42. 11.26 (13m) (intro.) and (a) of the statutes are consolidated, renumbered 11.26 (13m) and amended to read:

AB605,19,14 11.26 (13m) Contributions utilized for the following purposes are not subject to limitation by this section: (a) For the purpose of payment of legal fees and other expenses incurred as a result of a recount at an election are not subject to limitation by this section.

AB605,43 Section 43. 11.26 (13m) (b) of the statutes is renumbered 11.26 (13n) and amended to read:

AB605,19,22 11.26 (13n) For The contribution limits under this section apply to contributions used for the purpose of payment of paying legal fees and other expenses incurred in connection with the circulation, offer to file or filing, or with the response to the circulation, offer to file or filing, of a petition to recall an officer prior to the time a recall primary or election is ordered, or after that time if incurred in contesting or defending the order.

AB605,44 Section 44. 11.26 (17) (a) of the statutes is amended to read:

AB605,20,3 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), and (2), and (9), the "campaign" of a candidate begins and ends at the times specified in this subsection.

AB605,45 Section 45. 11.30 (2) (b) of the statutes is amended to read:

AB605,20,12 11.30 (2) (b) Every such communication the cost of which is paid for or reimbursed by a committee or group, or for which a committee or group assumes responsibility, whether by the acceptance of a contribution or by the making of a disbursement, shall be identified by the words "Paid for by" followed by the name of the committee or group making the payment or reimbursement or assuming responsibility for the communication and, the name of the treasurer or other authorized agent of such committee or group, and the phone number and email address of such committee or group.

AB605,46 Section 46. 11.30 (2) (c) of the statutes is amended to read:

AB605,20,22 11.30 (2) (c) Every such communication which is directly paid for or reimbursed by an individual, including a candidate without a personal campaign committee who is serving as his or her own treasurer, or for which an individual assumes responsibility, whether by the acceptance of a contribution or by the making of a disbursement, shall be identified by the words "Paid for by" followed by the name of the candidate or other individual making the payment or reimbursement or assuming responsibility for the communication and the phone number and email address of such candidate or individual. No abbreviation may be used in identifying the name of a committee or group under this paragraph.

AB605,47 Section 47. 11.30 (2) (cm) of the statutes is created to read:

AB605,21,4 11.30 (2) (cm) In addition to the requirements of pars. (a) to (c), in every such communication in which a specific state or local bill or resolution is referenced, the committee or group or individual or candidate shall identify the number assigned to the bill or resolution, the house of the legislature or local unit of government in which the bill or resolution was introduced, and the year in which the bill or resolution was introduced.

AB605,48 Section 48. 11.30 (2) (d) of the statutes is amended to read:

AB605,21,10 11.30 (2) (d) In addition to the requirements of pars. (a) to (c) (cm), a committee or individual required to file an oath under s. 11.06 (7) shall also in every communication in support of or in opposition to any clearly identified candidate or candidates include the words "Not authorized by any candidate or candidate's agent or committee".

AB605,49 Section 49. 11.31 of the statutes is repealed.

AB605,50 Section 50. 11.38 (1) (a) 1. of the statutes is amended to read:

AB605,21,19 11.38 (1) (a) 1. No foreign or domestic corporation, or association organized under ch. 185 or 193, may make any contribution or disbursement, directly, or indirectly, either independently or through any political party, committee, group, candidate or individual for any purpose other than to promote or defeat a referendum, to 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.

AB605,51 Section 51. 11.38 (1) (a) 2. of the statutes is amended to read:

AB605,22,10 11.38 (1) (a) 2. Notwithstanding subd. 1., any such corporation or association may establish and administer a separate segregated fund and solicit contributions from individuals to the fund to be utilized by such corporation or association, for the purpose of supporting or opposing any candidate for state or local office but the corporation or association may not make any contribution to the fund. The fund shall appoint a treasurer and shall register as a political committee under s. 11.05. A parent corporation or association engaging solely in this activity is not subject to registration under s. 11.05, but shall register and file special reports on forms prescribed by the board disclosing its administrative and solicitation expenses on behalf of such fund. A corporation not domiciled in this state need report only its expenses for administration and solicitation of contributions in this state together with a statement indicating where information concerning other administration and solicitation expenses of its fund may be obtained. The reports shall be filed with the filing officer for the fund specified in s. 11.02 in the manner in which continuing reports are filed under s. 11.20 (4) and (8).

AB605,52 Section 52. 11.38 (1) (a) 3. of the statutes is repealed.

AB605,53 Section 53. 11.385 of the statutes is created to read:

AB605,22,23 11.385 Coordination. No person may make a disbursement for a political purpose as defined under s. 11.01 (16) (a) or for an electioneering communication that is coordinated with a candidate, personal campaign committee, candidate's agent, legislative campaign committee, or political party committee. For purposes of this section, a disbursement for a political purpose as defined under s. 11.01 (16) (a) or for an electioneering communication is coordinated with a candidate, personal campaign committee, candidate's agent, legislative campaign committee, or political party committee if the candidate, personal campaign committee, candidate's agent, legislative campaign committee, or political party committee exercises control over; or engages in substantial discussions or negotiations with the person making the disbursement regarding; any of the following:

AB605,22,24 (1) The communication's content.

AB605,22,25 (2) The communication's timing.

AB605,23,1 (3) The location, form, or intended audience of the communication.

AB605,23,2 (4) The number or frequency of communications.

AB605,54 Section 54. 11.386 of the statutes is created to read:

AB605,23,6 11.386 Reporting of electioneering communications. (1) Any committee making a disbursement of $300 or more on an electioneering communication shall submit statements to the board providing all of the following information:

AB605,23,7 (a) The dates on which the committee made the disbursement.

AB605,23,8 (b) The name and address of the person who received the disbursement.

AB605,23,9 (c) The purpose for making the disbursement.

AB605,23,11 (d) The amount spent for each electioneering communication made by committee.

AB605,23,14 (e) The name of any candidate affected by the disbursement, the office that the candidate seeks, and whether the electioneering communication supports or opposes that candidate.

AB605,23,16 (f) The name of every person who donated $300 or more to the committee in the year prior to submitting the statements under this subsection.

AB605,23,18 (g) Whether the committee coordinated or consulted with, or received the consent of the candidate or candidate's agent, regarding the disbursement.

AB605,23,21 (2) A committee required to provide statements to the board under this section shall do so no later than 48 hours after making a disbursement for an electioneering communication.