AB37-ASA2-AA13,5,72
11.10
(3) Every committee shall appoint a treasurer.
Every individual under
3s. 11.06 (7) shall be deemed his or her own treasurer. No expenditure may be made
4or obligation incurred by or on behalf of a committee without the authorization of the
5treasurer or designated agents. No contribution may be accepted and no expenditure
6may be made or obligation incurred by any committee at a time when there is a
7vacancy in the office of treasurer.
AB37-ASA2-AA13,5,149
11.12
(1) (a) No contribution may be made or received and no expenditure may
10be made or obligation incurred by a person or committee, except within the amount
11authorized under s. 11.05 (1) and (2), in support of or in opposition to any specific
12candidate or candidates in an election, other than through the campaign treasurer
13of the candidate or the candidate's opponent
, or by or through an individual or
14committee registered under s. 11.05 and filing a statement under s. 11.06 (7).
AB37-ASA2-AA13,5,18
15(2) Any anonymous contribution exceeding $10 received by a campaign or
16committee treasurer
or by an individual under s. 11.06 (7) may not be used or
17expended. The contribution shall be donated to the common school fund or to any
18charitable organization at the option of the treasurer.
AB37-ASA2-AA13,5,25
19(3) All contributions, expenditures and incurred obligations exceeding $10
20shall be recorded by the campaign or committee treasurer
or the individual under s.
2111.06 (7). He or she shall maintain such records in an organized and legible manner,
22for not less than 3 years after the date of an election in which the registrant
23participates. If a report is submitted under s. 11.19 (1), the records may be
24transferred to a continuing committee or to the appropriate filing officer for
25retention. Records shall include the information required under s. 11.06 (1).".
AB37-ASA2-AA13,6,2
2"
Section 5g. 11.16 (1) (a) and (b) of the statutes are amended to read:
AB37-ASA2-AA13,6,83
11.16
(1) (a) No expenditure may be made or obligation incurred by a candidate,
4or by any other person or committee to advocate the election or defeat of a clearly
5identified candidate,
other than an individual who, or a committee which, has
6registered under s. 11.05 and filed an oath under s. 11.06 (7), except by the campaign
7treasurer of the candidate or other agent designated by the candidate and acting
8under his or her authority.
AB37-ASA2-AA13,6,159
(b) The treasurer of each committee and each individual who proposes to make
10a expenditure to advocate the election or defeat of a clearly identified candidate shall
11notify the treasurer or other agent designated under par. (a) of the candidate who is
12supported or whose opponent is opposed and obtain the authorization of the
13treasurer prior to making the expenditure.
This paragraph does not apply to an
14individual or committee filing an oath under s. 11.06 (7) with respect to the candidate
15who is supported or opposed.
AB37-ASA2-AA13,6,2117
11.18
(6) If an individual on whose behalf a support committee is authorized
18to operate under s. 11.05 (3) (p) becomes a candidate, the committee shall be adopted
19by the candidate as his or her personal campaign committee.
A support committee
20which files a statement under s. 11.06 (7) may not be adopted by a candidate as a
21personal campaign committee.".
AB37-ASA2-AA13,7,6
111.21
(15) Inform each candidate who files an application to become eligible to
2receive a grant from the Wisconsin election campaign fund of the dollar amount of
3the applicable expenditure limitation under s. 11.31
(1), adjusted as provided under
4s. 11.31 (9), or under s. 11.31 (1m) which applies to
the office for which such person
5is a that candidate. Failure to receive the notice required by this subsection does not
6constitute a defense to a violation of s. 11.27 (1) or 11.31.
AB37-ASA2-AA13,7,119
11.25
(1m) No individual, other than a candidate, and no committee, other
10than a personal campaign committee, may make disbursements which are to be used
11to advocate the election or defeat of any clearly identified candidate in any election.
AB37-ASA2-AA13,7,1713
11.26
(1) (intro.) No individual may make any contribution or contributions to
14a candidate for election or nomination to any of the following offices
and to any
15individual or committee under s. 11.06 (7) acting solely in support of such a candidate
16or solely in opposition to the candidate's opponent to the extent of more than a total
17of the amounts specified per candidate:
AB37-ASA2-AA13,7,2419
11.26
(2) (intro.) No committee other than a political party committee or
20legislative campaign committee may make any contribution or contributions to a
21candidate for election or nomination to any of the following offices
and to any
22individual or committee under s. 11.06 (7) acting solely in support of such a candidate
23or solely in opposition to the candidate's opponent to the extent of more than a total
24of the amounts specified per candidate:
AB37-ASA2-AA13,8,3
111.26
(2) (a) Candidates for governor, lieutenant governor, secretary of state,
2state treasurer, attorney general, state superintendent or justice, 4% of the value of
3the expenditure
level limitation specified in the schedule under s. 11.31 (1).".
AB37-ASA2-AA13,8,238
11.26
(10) No candidate for state office who files a sworn statement and
9application to receive a grant from the Wisconsin election campaign fund may make
10contributions of more than 200% of the amounts specified in sub. (1) to the
11candidate's own campaign from the candidate's personal funds or property or the
12personal funds or property which are owned jointly or as marital property with the
13candidate's spouse, unless the board determines that the candidate is not eligible to
14receive a grant
, or the candidate withdraws his or her application under s. 11.50 (2)
15(h)
, or s. 11.50 (2) (i) applies. For purposes of this subsection, any contribution
16received by a candidate or his or her personal campaign committee from a committee
17which is registered with the federal elections commission as the authorized
18committee of the candidate under
2 USC 432 (e) shall be treated as a contribution
19made by the candidate to his or her own campaign. The contribution limit of sub. (4)
20applies to amounts contributed by such a candidate personally to the candidate's own
21campaign and to other campaigns, except that a candidate may exceed the limitation
22if authorized under this subsection to contribute more than the amount specified to
23the candidate's own campaign, up to the amount of the limitation.".
AB37-ASA2-AA13,9,4
411.31 (title)
Disbursement levels and limitations; calculation.
AB37-ASA2-AA13,9,86
11.31
(1) Schedule. (intro.) No candidate may make or authorize total
7expenditures from his or her campaign treasury in any campaign to the extent of
8more than the following amount for each of the offices indicated:
AB37-ASA2-AA13,9,1010
11.31
(1) (a) Candidates for governor,
$1,078,200 $2,000,000.
AB37-ASA2-AA13,9,1111
(b) Candidates for lieutenant governor,
$323,475
$250,000.
AB37-ASA2-AA13,9,1212
(c) Candidates for attorney general,
$539,000 $700,000.
AB37-ASA2-AA13,9,1413
(d) Candidates for secretary of state, state treasurer, justice or state
14superintendent,
$215,625 $250,000.
AB37-ASA2-AA13,9,1615
(e) Candidates for state senator,
$34,500 total in the primary and election, with
16expenditures not exceeding $21,575 for either the primary or the election $80,000.
AB37-ASA2-AA13,9,1917
(f) Candidates for representative to the assembly,
$17,250 total in the primary
18and election, with expenditures not exceeding $10,775 for either the primary or the
19election $40,000.
AB37-ASA2-AA13,9,2422
11.31
(3) Gubernatorial campaigns. For purposes of compliance with the
23limitations imposed under sub.
(2) (1), candidates for governor and lieutenant
24governor of the same political party
who both accept grants from the Wisconsin
1election campaign fund may agree to combine expenditure
levels limitations under
2sub. (1) (a) and (b) and reallocate the total
level
limitation between them. The
3candidates shall each inform the board of any such agreement.
AB37-ASA2-AA13,10,129
11.40
(2) No public utility or anyone connected therewith may offer or give any
10special privilege to any candidate for public office or any committee or its members
11or employes
, or any individual under s. 11.06 (7), or to any 3rd party at the request
12of or for the advantage of any of them.
AB37-ASA2-AA13,10,15
13(3) No candidate for public office or any committee or member or employe
14thereof
or any individual under s. 11.06 (7) may ask for or accept any special privilege
15from any public utility.
AB37-ASA2-AA13,11,717
11.50
(2) (a) Any individual who desires to qualify as an eligible candidate may
18file an application with the board requesting approval to participate in the fund. The
19application shall be filed no later than the applicable deadline for filing nomination
20papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), no later than 4:30 p.m.
21on the 7th day after the primary or date on which the primary would be held if
22required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day
23after appointment in the case of candidates appointed to fill vacancies. The
24application shall contain a sworn statement that the candidate and his or her
1authorized agents have complied with the contribution limitations prescribed in s.
211.26 and the expenditure limitations prescribed under s. 11.31 at all times to which
3such limitations have applied to his or her candidacy and will continue to comply
4with the limitations at all times to which the limitations apply to his or her candidacy
5for the office in contest
, unless the board determines that the candidate is not eligible
6to receive a grant, the candidate withdraws his or her application under par. (h), or
7par. (i) applies.
AB37-ASA2-AA13,12,49
11.50
(2) (b) 5. The financial reports filed by or on behalf of the candidate as
10of the date of the spring or September primary, or the date that the special primary
11is or would be held, if required, indicate that the candidate has received at least the
12amount provided in this subdivision, from contributions of money, other than loans,
13made by individuals, which have been received during the period ending on the date
14of the spring primary and July 1 preceding such date in the case of candidates at the
15spring election, or the date of the September primary and January 1 preceding such
16date in the case of candidates at the general election, or the date that a special
17primary will or would be held, if required, and 90 days preceding such date or the
18date a special election is ordered, whichever is earlier, in the case of special election
19candidates, which contributions are in the aggregate amount of $100 or less, and
20which are fully identified and itemized as to the exact source thereof. A contribution
21received from a conduit which is identified by the conduit as originating from an
22individual shall be considered a contribution made by the individual. Only the first
23$100 of an aggregate contribution of more than $100 may be counted toward the
24required percentage. For a candidate at the spring or general election for an office
25identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount
1to qualify for a grant is 5% of the
candidate's authorized expenditure limitation
, as
2determined under s. 11.31
(1). For any other candidate at the general election, the
3required amount to qualify for a grant is 10% of the
candidate's authorized
4expenditure limitation
, as determined under s. 11.31
(1).
AB37-ASA2-AA13,12,137
11.50
(2) (h) An eligible candidate who files an application under par. (a) may
8file a written withdrawal of the application. A withdrawal of an application may be
9filed with the board no later than the 7th day after the day of the primary in which
10the person withdrawing the application is a candidate or the 7th day after the date
11that the primary would be held, if required.
If an application is withdrawn in
12accordance with this paragraph, the person withdrawing the application is no longer
13bound by the statement filed under par. (a) after the date of the withdrawal.
AB37-ASA2-AA13,12,2118
11.50
(11) (e) No candidate may expend, authorize the expenditure of or incur
19any obligation to expend any grant if he or she violates the pledge required under
20sub. (2) (a) as a precondition to receipt of a grant
, except as authorized in sub. (2) (h)
21or (i).".
AB37-ASA2-AA13,12,23
23"
Section 19m.
Nonstatutory provisions; legislative findings. The
legislature, drawing on its collective experience with campaigns for public office and
on the independent evidence presented to it by qualified analysts, finds and declares
that:
AB37-ASA2-AA13,13,5
1(1) Wisconsin has historically experienced a high level of civic participation in
2responsible government, which however is now in decline as the direct result of
3campaign financing arrangements that have the clear tendency to distance voters
4from the electoral process, and that cannot be successfully corrected under
5applicable rulings of the U.S. supreme court.
AB37-ASA2-AA13,13,10
6(2) Current campaign financing arrangements, with their perceived
7preferential access to lawmakers for special interests that are capable of
8contributing sizeable sums to lawmakers' campaigns, have provoked public
9disaffection with elective government, as manifested by declines in voting
10percentages and in Wisconsin election campaign fund participation.
AB37-ASA2-AA13,13,13
11(3) The Wisconsin election campaign fund system has lost popular support
12because it does not diminish the perceived preferential access of the special interests
13and is therefore judged to be ineffective.
AB37-ASA2-AA13,13,16
14(4) Before 1976, Wisconsin in company with 33 other states had these matters
15under regulatory control through a system of mandatory spending limits applicable
16to all candidates for state elective office.
AB37-ASA2-AA13,13,18
17(5) In 1976, the U.S. supreme court, in
Buckley v. Valeo, 424 U.S. 1, invalidated
18all such spending limits while approving campaign contribution limits.
AB37-ASA2-AA13,13,21
19(6) Since that time campaign expenditures have risen steeply, doubling in
20Wisconsin legislative races since 1980. The addition has been made up principally
21by contributions from special interests.
AB37-ASA2-AA13,14,3
1(7) Contribution limits are inadequate by themselves to check this trend. So
2long as spending is effectively unrestrained, contributions will find ways to protect
3favored candidates from being outspent.
AB37-ASA2-AA13,14,6
4(8) Among such ways have been personal spending by wealthy candidates,
5independent expenditures that favor or oppose an identified candidate, and the use
6of political parties as conduits for the support of selected candidates.
AB37-ASA2-AA13,14,12
7(9) Experience shows in particular that so-called "independent" support —
8whether by individuals, committees, or other entities — can be coordinated with a
9candidate's campaign, by means of informal "understandings", without losing its
10professedly independent character. Likewise, contributions to a political party for
11ostensible "party-building" purposes can be and are routed, by design, to the support
12of identified candidates.
AB37-ASA2-AA13,14,17
13(10) Public financing cannot cure the problem so long as spending limits are
14so readily evadable. After 15 years of experience with the present law, and a 42%
15decline in Wisconsin election campaign fund designations, it has become evident that
16Wisconsin voters await some successful repair of the campaign finance system before
17they will give it their financial support.
AB37-ASA2-AA13,14,23
18(11) The legislature agrees with the 1992 finding of the California commission
19on campaign financing, made after 8 years of study, that an effective remedy to this
20problem requires the reconsideration of
Buckley v. Valeo. The legislature believes
21with that commission that it is "strongly desirable to present the [Supreme] Court
22with carefully researched data and arguments so that it can consider upholding
23reasonable spending limitations." This act is a step in that direction.
AB37-ASA2-AA13,15,3
24(12) The supreme court based its
Buckley decision on a concern that spending
25limits could restrict political speech, "by reducing the number of issues discussed, the
1depth of their exploration, and the size of the audience reached." The experience of
2those engaged in the electoral process is otherwise. It is unlimited expenditure that
3can drown or distort political discourse, in a flood of distractive repetition.
AB37-ASA2-AA13,15,7
4(13) The least distorted and most instructive channels of campaign
5communication are often free or inexpensive: debates, call-in programs, local
6interviews, and other voter connections that are not dependent on the power of
7money.
AB37-ASA2-AA13,15,11
8(14) The expanded use of such low-cost channels, stimulated by the adoption
9of sensible spending limits, would benefit political discourse by drawing candidates
10out of the packaged world of media advertisements and into the real world of voter
11engagement and accountability.
AB37-ASA2-AA13,15,15
12(15) Turning down the noise level of campaign communication, through
13reasonable spending limits, increases the opportunity for newer and quieter voices
14to be heard. It tends to increase the number, depth and diversity of ideas presented
15to the public.
AB37-ASA2-AA13,15,20
16(16) Finally, a reasonable limit on campaign spending relieves candidates and
17officeholders alike from the constant necessity of engaging in defensive fund raising,
18arising as this does from the continual risk of massively financed opposition
19challenges to everything they may say or do. The conduct both of campaigns and of
20office will be thereby improved.".