AB37: Bill Text Engrossed

AB37-engrossed,7,18 11.12 (6) If any disbursement of more than $20 $250 cumulatively is made or obligation to make a disbursement of more than $250 cumulatively is incurred to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 21 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 whose opponent is opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the individual or treasurer of the committee shall, within 24 hours of making the disbursement, inform or incurring the obligation shall report to the appropriate filing officer of the information required under s. 11.06 (1) in the form prescribed by the board, in such manner as the board may prescribe that the report or a reasonable facsimile is received by the filing officer no later than 24 hours after the disbursement is made or the obligation is incurred. 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 and obligations 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 by the board under this subsection, the board shall immediately attempt, by direct means of communication, such as by telephone or facsimile transmission, to inform all candidates for any office in support of or in opposition to one of whom a disbursement or obligation identified in the report is made or incurred of the content of the report. Upon receipt of a report under this subsection, the board and every other 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 or incurred obligation identified in the report is made or incurred.

AB37-engrossed, s. 6 Section 6. 11.19 (1) of the statutes is amended to read:

AB37-engrossed,8,9 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. 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, transferred to the board for deposit in the Wisconsin election campaign fund, 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). 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).

AB37-engrossed, s. 7 Section 7. 11.26 (8m) of the statutes is created to read:

AB37-engrossed,8,15 11.26 (8m) (a) No committee, other than a personal campaign committee, support committee under s. 11.18, political party committee or legislative campaign committee, may make any contribution or contributions, directly or indirectly, to another committee, other than a personal campaign committee, support committee under s. 11.18, political party committee or legislative campaign committee.

AB37-engrossed,8,19 (b) Paragraph (a) does not apply to any contribution or contributions made by a committee to another committee with which it is affiliated not exceeding a total of $5,000 in a biennium, exclusive of any contribution or contributions to which par. (c) applies.

AB37-engrossed,9,2 (c) Paragraph (a) does not apply to any contribution or contributions made in any biennium by a committee which does not maintain an address within this state, to the extent that the committee receives any contribution or contributions in a corresponding amount from a committee which maintains an address in this state in the same biennium if both the committee that makes the contribution or contributions and the committee that receives the contribution or contributions are affiliated.

AB37-engrossed,9,7 (e) For purposes of this subsection, any committee established by a corporation, joint stock company, professional association or labor organization is considered to be affiliated with any other committee established by the same corporation, company, association or organization including any parent, subsidiary, branch, division, department or local unit thereof.

AB37-engrossed,9,10 (f) In this subsection, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of the following even-numbered year.

AB37-engrossed, s. 8 Section 8. 11.26 (9) (a) of the statutes is amended to read:

AB37-engrossed,9,17 11.26 (9) (a) No Except as authorized in par. (am), no individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level, as determined under s. 11.31 (1), for the office for which he or she is a candidate during any primary and election campaign combined from all committees that are subject to a filing requirement, including political party and legislative campaign committees.

AB37-engrossed, s. 9 Section 9. 11.26 (9) (am) of the statutes is created to read:

AB37-engrossed,9,25 11.26 (9) (am) If any incurred obligation or disbursement of more than $250 cumulatively is incurred or made by an individual or committee to advocate the election or defeat of a clearly identified candidate whose name appears on the ballot at an election and the incurred obligation or disbursement is incurred or made without cooperation or consultation with any candidate who is supported or whose opponent is opposed or such a candidate's agent or authorized committee, and not in concert with, or at the request or suggestion of, any such candidate, agent or authorized committee, then each candidate whose name appears on the same ballot and who is opposed or whose opponent is supported by that advocacy may receive and accept from a political party or legislative campaign committee contributions in addition to the value prescribed in par. (a) but not to exceed, in total, the value prescribed in par. (a) plus the total value of incurred obligations and disbursements that are reported to the appropriate filing officer under s. 11.12 (6). For the purposes of this paragraph, obligations and disbursements cumulate as provided in s. 11.12 (6).

AB37-engrossed, s. 10 Section 10. 11.26 (9) (b) of the statutes is amended to read:

AB37-engrossed,10,15 11.26 (9) (b) No individual who is a candidate for state or local office may receive and accept more than 45% 33% of the value of the total disbursement level, as determined under s. 11.31 (1), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees that are subject to a filing requirement.

AB37-engrossed, s. 11 Section 11. 11.26 (9) (c) of the statutes is repealed.

AB37-engrossed, s. 12 Section 12. 11.26 (13) of the statutes is amended to read:

AB37-engrossed,10,20 11.26 (13) Except as provided in sub. (9), contributions Contributions received from the Wisconsin election campaign fund are not subject to limitation by this section.

AB37-engrossed, s. 12m Section 12m. 11.30 (5) of the statutes is amended to read:

AB37-engrossed,11,8 11.30 (5) Whenever any person is authorized to conduct by a person, committee or group who or which is subject to a registration requirement under s. 11.05, and contracts to receive or receives payment from another any such person, committee or group, in cash or in-kind, for the direct or indirect cost of conducting, a poll concerning support or opposition to a candidate, political party or referendum that is conducted within 60 days before an election, the person conducting the poll shall, no later than the conclusion of each polling communication and at any time upon request of any person who is polled, disclose the name and address of the person, committee or group authorizing the poll to be conducted, and the name of the person, committee or group making payment for the poll and, in the case of a registrant under s. 11.05, the name of the treasurer of the person making payment if different from the person, committee or group authorizing the poll to be conducted.

AB37-engrossed, s. 13 Section 13. 11.30 (6) of the statutes is created to read:

AB37-engrossed,11,24 11.30 (6) Every individual, committee or group who or which is subject to a registration requirement under s. 11.05 and who or which publishes, distributes or broadcasts, or causes to be published, distributed or broadcast, any communication which advocates the election or defeat of a clearly identified candidate without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or whose opponent is opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee shall file with the board, in writing, a copy of the text of the communication, together with the name of the person who is publishing, distributing or broadcasting the communication or causing it to be published, distributed or broadcast and that person's address, in such manner that the text is received by the board within 24 hours of the time that the communication is first published, distributed or broadcast. The report shall be certified in the manner prescribed in s. 11.06 (5). No person is required to file the text of a communication with the board under this subsection that has been previously filed by that person or another person.

AB37-engrossed, s. 14 Section 14. 11.31 (3n) of the statutes is created to read:

AB37-engrossed,12,15 11.31 (3n) Independent disbursements; exception. Notwithstanding subs. (1) and (2), if any incurred obligation or disbursement of more than $250 cumulatively is incurred or made by an individual or committee to advocate the election or defeat of a clearly identified candidate whose name appears on the ballot at an election and the incurred obligation or disbursement is incurred or made without cooperation or consultation with any candidate who is supported or whose opponent is opposed or such a candidate's agent or authorized committee, and not in concert with, or at the request or suggestion of, any such candidate, agent or authorized committee, then each candidate whose name appears on the same ballot and who is opposed or whose opponent is supported by that advocacy may make or authorize total disbursements from the campaign treasury in excess of the amount prescribed in sub. (1) but not to exceed, in total, the amount prescribed in sub. (1) plus the total amount of incurred obligations and disbursements that are reported to the appropriate filing officer under s. 11.12 (6). For the purposes of this subsection, obligations and disbursements cumulate as provided in s. 11.12 (6).

AB37-engrossed, s. 15 Section 15. 11.385 of the statutes is created to read:

AB37-engrossed,12,18 11.385 Certain deductions for political purposes prohibited. (1) In this section:

AB37-engrossed,12,20 (a) "Employe organization" means any association consisting of 2 or more employes of one or more employers.

AB37-engrossed,12,22 (b) "Employer" includes the state and every local governmental unit as defined in s. 16.97 (7).

AB37-engrossed,13,3 (2) No employer may deduct any amount from the wages or allowances or reimbursements for expenses payable to an employe for the purpose of making or transferring a contribution to any individual, committee or group, without a written authorization, signed by the employe and effective for a period of not more than one year, which specifically authorizes the deduction for the purpose of making or transferring such a contribution.

AB37-engrossed,13,6 (3) No employer or employe organization may make or transfer a contribution to any individual, committee or group unless the deduction is made in compliance with sub. (2).

AB37-engrossed,13,17 (4) Every employer who makes a deduction and every employer and employe organization to which a deduction is payable for the purpose of making or transferring a contribution specified in sub. (3) shall provide to the employe who authorizes the deduction to be made an opportunity to terminate the deduction prior to the end of its effective period upon written notice to the employer making the deduction, or to the employer or employe organization for which the deduction is made. A termination of an authorization under this subsection is effective at such time as may be agreed between the employe and the employe's employer or the employer or employe organization for which the deduction is made, but in no case later than the number of days after notice of termination is filed equal to the interval between regular payments to the employe from which the deduction is taken.

AB37-engrossed,13,22 (5) No person may solicit or obtain an authorization for a deduction from the wages or allowances or reimbursements for expenses payable to an employe for the purpose of making or transferring a contribution to any individual, committee or group by means of coercion, physical force, employment discrimination or financial reprisals, or by threat of any such action, or as a condition of employment.

AB37-engrossed, s. 16 Section 16. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:

AB37-engrossed,14,5 11.50 (9) (a) The total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees, is equal to 45% of the disbursement level specified for the applicable office, as determined under s. 11.31 (1).

AB37-engrossed,14,9 (b) The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and s. 11.31 are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

AB37-engrossed, s. 19 Section 19. 25.42 of the statutes is amended to read:

AB37-engrossed,14,16 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) together with all moneys deposited under s. 11.19 (1), all moneys reverting to the state under s. 11.50 (8) and all gifts, bequests and devises received under s. 11.50 (13) constitute the Wisconsin election campaign fund, to be expended for the purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall continue to accumulate indefinitely.

AB37-engrossed, s. 20 Section 20. Effective dates. This act takes effect on the day after publication, except as follows:

AB37-engrossed,14,20 (1)  The treatment of section 11.06 (1) (a) of the statutes takes effect on January 1, 1996.

AB37-engrossed,14,22 (2)  The treatment of section 11.385 of the statutes takes effect on the first day of the 2nd month commencing after publication.

AB37-engrossed,14,23 (End)