LRB-1968/3
JTK:jrd:aj
1995 - 1996 LEGISLATURE
January 19, 1995 - Introduced by Representatives Walker, Freese and Handrick,
cosponsored by Senator Drzewiecki. Referred to Committee on Elections and
Constitutional Law.
AB37,1,5 1An Act to repeal 11.26 (9) (a) and 11.26 (9) (c); to renumber and amend 11.12
2(6), 11.26 (9) (b) and 11.50 (9); to amend 11.06 (1) (a), 11.19 (1), 11.26 (13) and
325.42; and to create 11.01 (14), 11.05 (3) (m), 11.095, 11.12 (6) (b), 11.26 (8m),
411.30 (6), 11.31 (3n), 11.385 and 11.395 of the statutes; relating to: various
5changes in the campaign finance law.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes in the campaign financing law. Significant
changes include:
1. Under current law, disbursement (expenditure) levels are specified for
candidates for various state and local offices. These levels become a binding
limitation upon any candidate for state office who accepts a state grant from the
Wisconsin election campaign fund or who agrees to be bound by the limitation, unless
the candidate is opposed by a major opponent who could have qualified for a grant
but declines to accept one. Current law also requires a committee or individual
making disbursements independently of a candidate in support of or in opposition
to a candidate for a state or local office to inform the appropriate filing officer within
24 hours of making such a disbursement, if the cumulative amount of such
disbursements made by the committee or individual later than 15 days prior to a
primary or election exceeds $20. The bill authorizes a candidate to make
disbursements exceeding statutory disbursement limits to the extent of
independently incurred obligations and disbursements in opposition to his or her
candidacy or in support of his or her opponent, if the obligations and disbursements
exceed $250 cumulatively. The bill also replaces the provision requiring reports of
cumulative independent disbursements exceeding $20 made later than 15 days prior
to a primary or election with a provision that requires a committee which or an
individual who makes disbursements or incurs obligations independently of a

candidate to inform the appropriate filing officer no later than 21 days (14 days in
the case of a primary or election that is not held concurrently with the spring or
September primary or spring or general election) prior to the activity which the
committee or individual intends to fund with cumulative disbursements or
obligations of more than $250.
2. Current law limits the total contributions that a candidate for state or local
office may accept from all political committees, including political party and
legislative campaign committees, and from the Wisconsin election campaign fund to
65% of the value of the statutory disbursement level specified for the office which the
candidate seeks. The total amount that a candidate may accept from committees
other than political party and legislative campaign committees and from the
Wisconsin election campaign fund is limited to 45% of that disbursement level. The
bill:
a. Repeals the limitation on total contributions that a candidate may accept
from all committees, including political party and legislative campaign committees,
of 65% of the disbursement level for the office which the candidate seeks.
b. Decreases the limitation on total contributions that a candidate may accept
from committees other than political party and legislative campaign committees
from 45% of the disbursement level for the office which the candidate seeks to 33%
of the disbursement level for that office. However, the bill does not change the
limitation on the total grant that a candidate for state office may receive from the
Wisconsin election campaign fund. Under the bill, grants from the Wisconsin
election campaign fund are not subject to the 33% limitation.
3. The bill creates the following new prohibitions concerning political
contributions:
a. The bill prohibits any individual or committee from making or transferring
a contribution to an individual who is a candidate for a partisan state office which
the individual holds at the time that the contribution is made or transferred, or to
the personal campaign or authorized support committee of such a candidate, if the
contribution is made in connection with any fund-raising event held in Dane County
during the period between the first Monday in January of each odd-numbered year
and the date of enactment of the biennial budget act. The prohibition does not apply
to a contribution made to any individual who is a candidate for the office of district
attorney or who represents a legislative district that is wholly or partly contained
within Dane County, or to the personal campaign or authorized support committee
of such an individual.
Currently, there is no restriction on the periods during which or the places in
which such contributions may be made.
b. The bill prohibits a special interest ("political action") committee from
making any contribution or contributions to another such committee exceeding
$5,000 within any biennial period starting on January 1 of an odd-numbered year
and ending on December 31 of the following even-numbered year. The limitation
does not apply to a nonresident committee to the extent that the committee receives
contributions from a resident committee in the same biennium.

Violations are punishable by a forfeiture (civil penalty) of up to treble the
amount of the contribution. Intentional violations are punishable by a fine of not
more than $1,000 or by imprisonment for not more than 6 months or both (a
misdemeanor).
4. Under current law, a "conduit" is an individual or organization that receives
a contribution and transfers the contribution to another individual or organization
without exercising discretion as to the amount that is transferred and the individual
to whom or the organization to which the transfer is made. The campaign financing
reports filed by the candidate identify only the original contributor, not the conduit.
The bill requires the campaign financing reports filed by candidates to identify any
conduit from whom a contribution is received, as well as the original contributor.
5. Under current law, residual funds remaining when a person who is required
to register under the campaign financing law disbands or ceases incurring
obligations, making disbursements or accepting contributions may be used for any
lawful political purpose, returned to the original contributors or donated to a
charitable organization or the common school fund. The bill allows residual funds
remaining when a registrant disbands or ceases incurring obligations, making
disbursements or accepting contributions to be transferred to the Wisconsin election
campaign fund.
6. The bill requires any paid telephone bank operator who or which contacts
more than one potential voter for the purpose of asking any question concerning the
preferences of the potential voters with respect to any candidate, political party or
issue of public concern in relation to an election, or to present any information or
viewpoint with respect to any candidate, political party or issue of public concern in
relation to an election, to file a report with the elections board containing the text of
any substantially identical question asked or statement made by the operator no
later than 24 hours before the time that the operator makes more than one contact.
The report must also include the names and addresses of the operator and the person
who retained the operator, the election with respect to which the telephoning is
conducted, and if the telephoning is not conducted on a statewide basis, the name of
each jurisdiction or district within which the telephoning is conducted. Currently,
there is no such requirement.
7. The bill requires any person who publishes, distributes or broadcasts a
communication which advocates the election or defeat of a candidate for state or local
office independently of any candidate who is supported or whose opponent is opposed
to file with the state elections board a copy of the text of the communication no later
than 24 hours before the time that the communication is first published, distributed
or broadcast. Currently, there is no such requirement.
8. The bill prohibits any deduction from being made by an employer, or from
being received by an employer or an employe organization, from the wages or
reimbursements or allowances for expenses payable to an employe for the purpose
of making or transferring a political contribution to a special interest ("political
action") committee in connection with a state or local election, unless the employe
specifically authorizes the deduction in writing and the authorization is revocable
by similar means. Currently, there is no such restriction.

With the exception of unlawful contributions, violations of the prohibitions or
requirements created by the bill are punishable by a forfeiture (civil penalty) of not
more than $500 for each offense. Intentional violations are punishable by a fine of
not more than $1,000 or imprisonment for not more than 6 months, or both, for each
offense (a misdemeanor).
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB37, s. 1 1Section 1. 11.01 (14) of the statutes is created to read:
AB37,4,42 11.01 (14) "Partisan state office" means the office of governor, lieutenant
3governor, secretary of state, state treasurer, attorney general, state senator, state
4representative to the assembly or district attorney.
AB37, s. 2 5Section 2. 11.05 (3) (m) of the statutes is created to read:
AB37,4,86 11.05 (3) (m) In the case of a personal campaign committee, the name of the
7candidate on whose behalf the committee was formed or intends to operate and the
8office or offices that the candidate seeks.
AB37, s. 3 9Section 3. 11.06 (1) (a) of the statutes is amended to read:
AB37,4,1510 11.06 (1) (a) An itemized statement giving the date, full name and street
11address of each contributor who has made a contribution in excess of $20, or whose
12contribution if $20 or less aggregates more than $20 for the calendar year, together
13with the amount of the contribution and the cumulative total contributions made by
14that contributor for the calendar year and, if the contributor made the contribution
15through a conduit, the identity of the conduit
.
AB37, s. 4 16Section 4. 11.095 of the statutes is created to read:
AB37,4,19 1711.095 Regulation of certain telephoning activities. (1) In this section,
18"telephone bank operator" means any person who, for remuneration, places or
19directs the placement of telephone calls to individuals.
AB37,5,18
1(2) Each telephone bank operator who or which contacts, by telephone, more
2than one potential voter for the purpose of asking questions concerning the
3preferences of the potential voters with respect to any candidate, political party or
4issue of public concern in relation to an election or to present any information or
5viewpoint with respect to any candidate, political party or issue of public concern in
6relation to an election shall file a report with the board containing the text of any
7substantially identical question asked or statement made by the operator to more
8than one potential voter, in such a manner that the board receives the report no later
9than 24 hours before the time that the operator makes an initial contact with more
10than one potential voter during which the question is asked or the statement is made.
11The report shall include the name and address of the telephone bank operator; the
12name and address of the individual, committee or group who or which retained the
13telephone bank operator; the name and date of the election with respect to which the
14telephoning is conducted; and if the telephoning is not conducted on a statewide
15basis, the name of each jurisdiction or district within which the telephoning is
16conducted. No person is required to file a report required under this section
17containing any information that has been previously filed by that person or another
18person.
AB37, s. 5 19Section 5. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended
20to read:
AB37,6,1521 11.12 (6) (a) If any Except as provided in par. (b), if an individual or committee
22incurs or intends to incur an obligation or makes or intends to make a
disbursement
23of more than $20 $250 cumulatively is made to advocate the election or defeat of a
24clearly identified candidate by an individual or committee later than 15 days prior
25to a primary or election in which the candidate's name appears on the ballot
without

1cooperation or consultation with a candidate or agent or authorized committee of a
2candidate who is supported or whose opponent is opposed, and not in concert with
3or at the request or suggestion of such a candidate, agent or committee, the
4individual or treasurer of the committee shall, within 24 hours of making no later
5than 21 days prior to the activity intended to be funded by
the incurred obligation
6or
disbursement, inform the appropriate filing officer of the information required
7under s. 11.06 (1) in such manner as the board may prescribe. The information shall
8also be included in the next regular report of the individual or committee under s.
911.20. For purposes of this subsection, obligations and disbursements cumulate
10beginning with the day after the last date covered on the preprimary or preelection
11report and ending with the day before the primary or election. Upon receipt of a
12report under this subsection paragraph, the filing officer shall, within 24 hours of
13receipt, mail a copy of the report to all candidates for any office in support of or
14opposition to one of whom a an incurred obligation or disbursement identified in the
15report is to be made.
AB37, s. 6 16Section 6. 11.12 (6) (b) of the statutes is created to read:
AB37,6,2317 11.12 (6) (b) If the independently incurred obligation or disbursement
18described in par. (a) relates to a special primary or election not held concurrently with
19the spring or September primary or the spring or general election, the individual who
20or committee which incurs or intends to incur the obligation or makes or intends to
21make the disbursement shall inform the appropriate filing officer no later than 14
22days prior to the activity intended to be funded by the incurred obligation or
23disbursement.
AB37, s. 7 24Section 7. 11.19 (1) of the statutes is amended to read:
AB37,7,15
111.19 (1) Whenever any registrant disbands or determines that obligations will
2no longer be incurred, and contributions will no longer be received nor disbursements
3made during a calendar year, and the registrant has no outstanding incurred
4obligations, the registrant shall file a termination report with the appropriate filing
5officer. Such report shall indicate a cash balance on hand of zero at the end of the
6reporting period and shall indicate the disposition of residual funds. Residual funds
7may be used for any political purpose not prohibited by law, returned to the donors
8in an amount not exceeding the original contribution, transferred to the board for
9crediting to the Wisconsin election campaign fund,
or donated to a charitable
10organization or the common school fund. The report shall be filed and certified as
11were previous reports, and shall contain the information required by s. 11.06 (1). If
12a termination report or suspension report under sub. (2) is not filed, the registrant
13shall continue to file periodic reports with the appropriate filing officer, no later than
14the dates specified in s. 11.20. This subsection does not apply to any registrant
15making an indication under s. 11.05 (2r).
AB37, s. 8 16Section 8. 11.26 (8m) of the statutes is created to read:
AB37,8,317 11.26 (8m) No committee, other than a personal campaign committee, support
18committee under s. 11.18, political party committee or legislative campaign
19committee, may make any contribution or contributions, directly or indirectly, to
20another committee, other than a personal campaign committee, support committee
21under s. 11.18, political party committee or legislative campaign committee
22exceeding a total of $5,000 in value in any biennium. This limitation does not apply
23to any contribution or contributions made by a committee which does not maintain
24an address within this state, to the extent that the committee receives any
25contribution or contributions in a corresponding amount from a committee which

1maintains an address in this state in the same biennium. In this subsection, a
2biennium commences with January 1 of each odd-numbered year and ends with
3December 31 of the following even-numbered year.
AB37, s. 9 4Section 9. 11.26 (9) (a) of the statutes is repealed.
AB37, s. 10 5Section 10. 11.26 (9) (b) of the statutes is renumbered 11.26 (9) and amended
6to read:
AB37,8,117 11.26 (9) No individual who is a candidate for state or local office may receive
8and accept more than 45% 33% of the value of the total disbursement level, as
9determined under s. 11.31 (1), for the office for which he or she is a candidate during
10any primary and election campaign combined from all committees other than
11political party and legislative campaign committees subject to a filing requirement.
AB37, s. 11 12Section 11. 11.26 (9) (c) of the statutes is repealed.
AB37, s. 12 13Section 12. 11.26 (13) of the statutes is amended to read:
AB37,8,1614 11.26 (13) Except as provided in sub. (9), contributions Contributions received
15from the Wisconsin election campaign fund are not subject to limitation by this
16section.
AB37, s. 13 17Section 13. 11.30 (6) of the statutes is created to read:
AB37,9,518 11.30 (6) Every person who publishes, distributes or broadcasts, or causes to
19be published, distributed or broadcast, any communication which advocates the
20election or defeat of a clearly identified candidate without cooperation or
21consultation with a candidate or agent or authorized committee of a candidate who
22is supported or whose opponent is opposed, and not in concert with or at the request
23or suggestion of such a candidate, agent or committee shall file with the board, in
24writing, a copy of the text of the communication, together with the name of the person
25who is publishing, distributing or broadcasting the communication or causing it to

1be published, distributed or broadcast and that person's address, in such manner
2that the text is received by the board no later than 24 hours prior to the time that the
3communication is first published, distributed or broadcast. No person is required to
4file the text of a communication with the board under this subsection that has been
5previously filed by that person or another person.
AB37, s. 14 6Section 14. 11.31 (3n) of the statutes is created to read:
AB37,9,227 11.31 (3m) Independent disbursements; exception. Notwithstanding subs. (1)
8and (2), if any incurred obligation or disbursement of more than $250 cumulatively
9is incurred or made by an individual or committee to advocate the election or defeat
10of a clearly identified candidate whose name appears on the ballot at an election and
11the incurred obligation or disbursement is incurred or made without cooperation or
12consultation with any candidate who is supported or whose opponent is opposed or
13such a candidate's agent or authorized committee, and not in concert with, or at the
14request or suggestion of, any such candidate, agent or authorized committee, then
15each candidate whose name appears on the same ballot and who is opposed or whose
16opponent is supported by that advocacy may make or authorize total disbursements
17from the campaign treasury in excess of the amount prescribed in sub. (1) but not to
18exceed the amount prescribed in sub. (1) plus the total amount of incurred
19obligations and disbursements not previously reported as incurred obligations that
20are reported to the appropriate filing officer under s. 11.12 (6). For the purposes of
21this subsection, obligations and disbursements cumulate as provided in s. 11.12 (6)
22(a).
AB37, s. 15 23Section 15. 11.385 of the statutes is created to read:
AB37,9,24 2411.385 Negative option deductions prohibited. (1) In this section:
AB37,10,2
1(a) "Employe organization" means any association consisting of 2 or more
2employes of one or more employers.
AB37,10,43 (b) "Employer" includes the state and every local governmental unit as defined
4in s. 16.97 (7).
AB37,10,11 5(2) No employer may deduct any amount from the wages or allowances or
6reimbursements for expenses payable to an employe for the purpose of making or
7transferring a contribution to a committee, other than a political party, legislative
8campaign, or personal campaign committee or a support committee under s. 11.18,
9without a written authorization, signed by the employe, which specifically
10authorizes the deduction for the purpose of making or transferring such a
11contribution.
AB37,10,15 12(3) No employer or employe organization may make or transfer a contribution
13to a committee other than a political party, legislative campaign or personal
14campaign committee or support committee under s. 11.18 unless the deduction is
15made in compliance with sub. (2).
Loading...
Loading...