AB936: Bill Text

AB936, s. 25 Section 25. 11.26 (12m) of the statutes is amended to read:

AB936,22,9 11.26 (12m) For purposes of this section subs. (1) and (4), a contribution of money received from a conduit identified in the manner prescribed in s. 11.06 (11) (a) shall be considered a contribution received from the original contributor.

AB936, s. 26 Section 26. 11.31 (1) (a) to (d), (e) and (f) of the statutes are amended to read:

AB936,22,11 11.31 (1) (a) Candidates for governor, $1,078,200 $2,000,000.

AB936,22,12 (b) Candidates for lieutenant governor, $323,475 $250,000.

AB936,22,13 (c) Candidates for attorney general, $539,000 $700,000.

AB936,22,15 (d) Candidates for secretary of state, state treasurer, justice or state superin tendent, $215,625 $250,000.

AB936,22,17 (e) Candidates for state senator, $34,500 total in the primary and election, with disbursements not exceeding $21,575 for either the primary or the election $80,000.

AB936,22,20 (f) Candidates for representative to the assembly, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election $40,000.

AB936, s. 27 Section 27. 11.31 (1m) of the statutes is created to read:

AB936,22,25 11.31 (1m) Disbursement level for challengers. Notwithstanding sub. (1), if an incumbent officeholder seeks reelection, the disbursement level under sub. (1) for any other candidate for the same office is increased to 125% of the amount speci fied in sub. (1), adjusted as provided under sub. (9).

AB936, s. 28 Section 28. 11.31 (2) of the statutes is amended to read:

AB936,23,16 11.31 (2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wis consin election campaign fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount pre scribed in sub. (1) or (1m), whichever is applicable, adjusted as provided under sub. (9), unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies. No candidate for state office at a special election who files a sworn state ment and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the campaign treasury in any cam paign to the extent of more than the amount prescribed under sub. (1) or (1m), which ever is applicable, adjusted as provided under sub. (9), for the preceding spring or general election for the same office, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application un der s. 11.50 (2) (h), or s. 11.50 (2) (i) applies.

AB936, s. 29 Section 29. 11.31 (3) of the statutes is amended to read:

AB936,23,23 11.31 (3) Gubernatorial campaigns. For purposes of compliance with the li mitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election cam paign fund may agree to combine disbursement levels under sub. (1) (a) and (b), ad justed as provided under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

AB936, s. 30 Section 30. 11.31 (3m) of the statutes is repealed and recreated to read:

AB936,24,15 11.31 (3m) Independent disbursements; exception. Notwithstanding subs. (1), (1m) and (2), if any incurred obligation or disbursement of more than $250 cumu latively 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 who benefits from the obligation or disbursement or such a candidate's agent or authorized com mittee, 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) or (1m) but not to exceed the amount prescribed in sub. (1) or (1m) 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) (a).

AB936, s. 31 Section 31. 11.31 (4) of the statutes is repealed.

AB936, s. 32 Section 32. 11.31 (9) of the statutes is created to read:

AB936,24,21 11.31 (9) Cost-of-living adjustment. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB936,25,8 (b) The dollar amounts of all disbursement limitations specified in sub. (1) shall be subject to a biennial cost-of-living adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the con sumer price index for the base period, calendar year 1995. The board shall increase the disbursement limitations specified under sub. (1) by such amount each bien nium, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amount shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without a finding of emer gency.

AB936, s. 33 Section 33. 11.50 (1) (a) 1. and 2. of the statutes are amended to read:

AB936,25,18 11.50 (1) (a) 1. With respect to a spring or general election, any individual who is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice or state superintendent, or an any individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except district attorney, for which the individual is a candidate at the September primary and who is certified under s. 7.08 (2) (a) as a candidate for that any state office, except district attorney, in the general election, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at the spring or general election; and who has qualified for a grant under sub. (2).

AB936,26,13 2. With respect to a special election, an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for any state office, except district attorney, on the ballot or column of a party whose candidate for the same office at the preceding general election received at least 6% of the vote cast for all candidates on all ballots for the office, or an individual who has been lawfully appointed and certified to replace either such an individual on the ballot at a special election, or an individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except district attorney, at a partisan special elec tion; and who qualifies for a grant under sub. (2). Where the boundaries of a district in which an individual seeks office have been changed since the preceding general election such that it is not possible to calculate the exact number of votes that are needed by that individual to qualify as an eligible candidate prior to an election un der this subdivision, the number of votes cast for all candidates for the office at the preceding general election in each ward, combination of wards or municipality which is wholly contained within the boundaries of the newly formed district shall be calcu lated. If the candidate of the political party on whose ballot or column the individual appears in the newly formed district obtained at least 6% of the number of votes cal culated, the individual is deemed to qualify as an eligible candidate prior to the elec tion under this subdivision.

AB936, s. 34 Section 34. 11.50 (2) (b) 5. of the statutes is amended to read:

AB936,27,14 11.50 (2) (b) 5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals who reside in this state, which have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days pre ceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall may not be considered as a contribution made by the an individual for the purpose of qualifying for a grant under this subdivision. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement li mitation for candidates other than candidates challenging incumbent officeholders, as determined under s. 11.31. For (1) and adjusted as provided under s. 11.31 (9). Except as provided in par. (bm), for any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disburse ment limitation for candidates other than candidates challenging incumbent office holders, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9).

AB936, s. 35 Section 35. 11.50 (2) (bm) of the statutes is created to read:

AB936,28,2 11.50 (2) (bm) 1. The board shall approve an application of an eligible candidate for whom the required amount to qualify for a grant under par. (b) 5. is 10% of the candidate's authorized disbursement level under s. 11.31 if the candidate meets the requirements of par. (b) 1. to 4. and the candidate receives contributions described under par. (b) 5. during the applicable time period, as indicated by the reports filed as of the dates specified under par. (b) 5., in an amount equal to at least 5% but less than 10% of the candidate's authorized disbursement limitation under s. 11.31. Ex cept as provided in subd. 2., the amount of the grant available to a candidate whose application is approved under this subdivision is equal to 50% of the amount of the grant that would have been available to the candidate if his or her application had been approved under par. (b).

AB936,28,11 2. If, as of 21 days after the date specified in par. (b) 5., a supplemental financial report is filed by or on behalf of a candidate who qualifies for a grant under subd. 1. that indicates that the candidate received the required amount of contributions un der par. (b) 5. during the period described under par. (b) 5. plus the immediately fol lowing 14 days, then the candidate shall be eligible for a supplemental grant equal to 50% of the amount of the grant that would have been available to the candidate if his or her application had been approved under par. (b). All information included in a supplemental report under this subdivision shall also be included in the candi date's next report under s. 11.20.

AB936, s. 36 Section 36. 11.50 (2) (c) and (d) of the statutes are amended to read:

AB936,28,25 11.50 (2) (c) If a candidate has not filed financial reports as of the date of the spring primary, September primary, special primary, or date that the special primary would be held, if required, which indicate that he or she has met the qualification under par. (b) 5. or (bm) 1., the candidate may file a special report with the board. Such report shall be filed not later than the 7th day after the primary, or 7th day after the date the primary would be held, if required, and shall include such supplementa ry information as to sources of contributions which may be necessary to complete the candidate's qualification. The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of such report. All information included on the special report shall also be included in the candi date's next report under s. 11.20.

AB936,29,4 (d) For purposes of qualification under par. (b) 4. and 5. or (bm), the financial reports of a former candidate are considered to be same as if filed by the candidate who is lawfully appointed to replace such candidate whenever a vacancy after nomi nation occurs.

AB936, s. 37 Section 37. 11.50 (2) (f) of the statutes is amended to read:

AB936,29,12 11.50 (2) (f) The board shall inform each candidate in writing of the approval or disapproval of the candidate's application, as promptly as possible after the date of the spring primary, September primary, special primary, or date that the primary would be held, if required. With respect to a candidate at a special election who ap plies for a postelection grant under sub. (1) (a) 2., the board shall inform the candi date in writing of the conditional approval or disapproval of the candidate's applica tion at the same time.

AB936, s. 38 Section 38. 11.50 (2) (i) of the statutes is amended to read:

AB936,29,25 11.50 (2) (i) Notwithstanding par. (g), if an eligible candidate at the spring elec tion or a special nonpartisan any election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive at least 6% of the vote cast for all candidates for the same office on all ballots at the September primary or a special partisan primary if a prima ry was held, and in either case if any such opponent of the eligible candidate who does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution li mitations prescribed in s. 11.26 (10) and the disbursement limitation prescribed un der s. 11.31, unless each such opponent files an affidavit of voluntary compliance un der s. 11.31 (2m).

AB936, s. 39 Section 39. 11.50 (2m) of the statutes is created to read:

AB936,30,6 11.50 (2m) Public Information. (a) Annually, no later than August 15, the board may notify the state treasurer that an amount not exceeding 5% of the amount transferred to the fund in that year shall be placed in a public information account. Moneys in this account shall be expended by the board for the purpose of providing public information concerning the purpose and effect of s. 71.10 (3) and this section.

AB936,30,10 (b) As part of the public information program under par. (a), the board shall prepare an easily understood description of the purpose and effect of s. 71.10 (3) and this section. The department of revenue shall include and highlight the description in its income tax preparation instructions relating to s. 71.10 (3).

AB936,30,12 (c) Any amount placed in the public information account that is not expended by the board in any year shall be retained in that account.

AB936, s. 40 Section 40. 11.50 (3) (a) (intro.) of the statutes is amended to read:

AB936,30,16 11.50 (3) (a) (intro.) Annually on August 15, Immediately after apportionment under sub. (2m), the state treasurer shall annually apportion all moneys appro priated to the fund shall be apportioned as follows by the state treasurer:

AB936, s. 41 Section 41. 11.50 (3) (a) 1. and 2. of the statutes are amended to read:

AB936,30,21 11.50 (3) (a) 1. If an election for state superintendent is scheduled in the follow ing year, 8% of the fund shall be placed in a superintendency account. From this ac count, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer, except as provided in sub. (9) (b).

AB936,30,25 2. If an election for justice is scheduled in the following year, 8% of the fund shall be placed in a supreme court account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer, except as provided in sub. (9) (b).

AB936, s. 42 Section 42. 11.50 (4) (c), (cm) and (d) of the statutes are amended to read:

AB936,31,8 11.50 (4) (c) The legislative and special election campaign account shall be di vided into a senate campaign account to receive 25% of the moneys, and an assembly campaign account to receive 75% of the moneys. Each account shall then be appor tioned between all eligible candidates for the same office in the entire state, based on the assumption that all candidates who are eligible under sub. (2) (bm) 1. will also be eligible under sub. (2) (bm) 2. No apportionment shall be made by legislative dis trict.

AB936,31,18 (cm) Each Except as provided in subs. (2) (bm) and (9) (b), each eligible candi date for the same office at a special election shall receive an equal amount, which amount shall be equivalent to the maximum grant which was payable to any candi date for that office at the most recent spring or general election. The amount shall be drawn from the senate campaign account and the assembly campaign account in the same proportions as the balance in each account bears to the total balance in both accounts at the time that payments are made. Whenever there are insufficient mo neys in the senate campaign account and the assembly campaign account to make the payments required by this paragraph, payments shall be appropriately reduced or discontinued by the board.

AB936,31,23 (d) Within Except as provided in sub. (9) (b), within the accounts established under this subsection for each office at each general election, the entire amount of all available moneys shall be apportioned equally to all eligible candidates, based on the assumption that all candidates who are eligible under sub. (2) (bm) 1. will also be eligible under sub. (2) (bm) 2.

AB936, s. 43 Section 43. 11.50 (6) of the statutes is amended to read:

AB936,32,5 11.50 (6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate under subs. (3) and (4) are more than the amount which a candi date may accept under sub. (9), more than the amount for which the candidate quali fies under sub. (2) (bm), or more than the amount which a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.

AB936, s. 44 Section 44. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:

AB936,32,16 11.50 (9) (a) The Except as provided in par. (b), the total grant available to an eligible candidate may not exceed that amount which, when added to all other con tributions accepted from sources other than individuals, political party committees and legislative campaign committees, is equal to 45% of the disbursement level speci fied for candidates for the applicable office other than candidates challenging incum bent officeholders, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9). For the purposes of this paragraph, all contributions transferred to the candidate by a conduit shall be considered to have been accepted from a source other than an individual, political party committee or legislative campaign committee.

AB936,32,20 (c) The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not ex ceeded and any violation is reported. No candidate or campaign treasurer may ac cept grants exceeding the amount authorized by this subsection.

AB936, s. 45 Section 45. 11.50 (9) (b) of the statutes is created to read:

AB936,33,3 11.50 (9) (b) If an eligible candidate who accepts a grant is opposed by one or more eligible candidates in the election who does not accept a grant under this sec tion, the total grant available to the eligible candidate shall be increased by an amount equal to 45% of the disbursement level specified for candidates for the appli cable office other than candidates challenging incumbent officeholders, as deter mined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9), unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m).

AB936, s. 46 Section 46. 11.60 (1) of the statutes is amended to read:

AB936,33,7 11.60 (1) Any Except as provided in sub. (3m), any person, including any com mittee or group, who or which violates this chapter may be required to forfeit not more than $500 for each violation.

AB936, s. 47 Section 47. 11.60 (3m) of the statutes is created to read:

AB936,33,14 11.60 (3m) Any person, including any committee or group, who or which vio lates s. 11.095 in respect to any telephone communication in which the caller engages in persuasive telephoning shall forfeit $1,000, or $1 for each such telephone commu nication with an individual that is subject to disclosure under s. 11.095 which the person fails to disclose under that section within the time prescribed under that sec tion, whichever is greater.

AB936, s. 48 Section 48. 11.61 (1) (a) of the statutes is amended to read:

AB936,33,18 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned not more than 3 years or both.

AB936, s. 49 Section 49. 13.62 (11p) of the statutes is renumbered 11.01 (13).

AB936, s. 50 Section 50. 13.62 (11r) of the statutes is renumbered 11.01 (14).

AB936, s. 51 Section 51. 13.625 (1) (b) 3. of the statutes is amended to read:

AB936,34,2 13.625 (1) (b) 3. Food, meals, beverages, money or any other thing of pecuniary value, except that a lobbyist may make a any campaign contribution to a partisan elective state official or candidate for national, state or local office or to the official's or candidate's personal campaign committee; but a lobbyist may make a contribution to which par. (c) applies only as authorized in par. (c) authorized under ch. 11.

AB936, s. 52 Section 52. 13.625 (1) (c) of the statutes is renumbered 11.24 (2) and is amended to read:

AB936,34,13 11.24 (2) Except as permitted in this subsection, no lobbyist, as defined in s. 13.62 (11), may make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official for the purpose of promoting the official's election to any nation al, state or local office, or to a candidate for a partisan elective state office to be filled at the general election or a special election, or the official's or candidate's personal campaign committee. A campaign contribution to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign commit tee may be made in the year of a candidate's election between June 1 and the day of the general election, except that:

AB936,34,16 (a) A campaign contribution to a candidate for legislative office may be made during that period only if the legislature has concluded its final floorperiod, and is not in special or extraordinary session.

AB936,34,18 (b) A campaign contribution by a lobbyist to the lobbyist's campaign for parti san elective state office may be made at any time.

AB936, s. 53 Section 53. 13.625 (2), (3), (6) and (6r) of the statutes are amended to read:

AB936,34,24 13.625 (2) No principal may engage in the practices prohibited under sub. (1) (b) and (c), except that a principal may make any campaign contribution authorized under ch. 11. This subsection does not apply to the furnishing of transportation, lodg ing, food, meals, beverages or any other thing of pecuniary value which is also made available to the general public.

AB936,35,6 (3) No candidate for an elective state office, elective state official, agency offi cial or legislative employe of the state may solicit or accept anything of pecuniary val ue from a lobbyist or principal, except as permitted under subs. (1) (b) 3. and (c), (2), (4), (5), (6), (7), (8) and (9). No personal campaign committee of a candidate for state office may accept anything of pecuniary value from a lobbyist or principal, except as permitted for such a candidate under subs. (1) (b) 3. and (c), (2) and (6).

AB936,35,11 (6) Subsections (1) (b) and (c), (2) and (3) do not apply to the furnishing of any thing of pecuniary value by an individual who is a lobbyist or principal to a relative of the individual or an individual who resides in the same household as the individu al, nor to the receipt of anything of pecuniary value by that relative or individual re siding in the same household as the individual.

AB936,35,21 (6r) Subsections (1) (b) and (c) and (3) do not apply to the furnishing of anything of pecuniary value by a lobbyist or principal to an employe of that lobbyist or princi pal who is a legislative official or an agency official solely because of membership on a state commission, board, council, committee or similar body if the thing of pecuni ary value is not in excess of that customarily provided by the employer to similarly situated employes and if the legislative official or agency official receives no com pensation for his or her services other than a per diem or reimbursement for actual and necessary expenses incurred in the performance of his or her duties, nor to the receipt of anything of pecuniary value by that legislative official or agency official un der those circumstances.

AB936, s. 54 Section 54. 13.625 (10) of the statutes is created to read:

AB936,35,25 13.625 (10) This section does not apply to the solicitation, acceptance or fur nishing of anything of pecuniary value relating to campaign financing activities gov erned by ch. 11.

AB936, s. 55 Section 55. 13.69 (6) of the statutes is amended to read:

AB936,36,4 13.69 (6) Any candidate for an elective state office, elective state official, agency official or legislative employe of the state who, or any personal campaign committee which, violates s. 13.625 (3) may be required to forfeit not more than $1,000.

AB936, s. 56 Section 56. 20.005 (3) (schedule) of the statutes: at the appropriate place, in sert the following amounts for the purposes indicated: - See PDF for table

AB936, s. 57 Section 57. 20.510 (1) (b) of the statutes is created to read:

AB936,36,10 20.510 (1) (b) Campaign financing. The amounts in the schedule to be trans ferred to the Wisconsin election campaign fund annually on August 1 to provide for payments to eligible candidates certified under s. 7.08 (2) (c).

AB936, s. 58 Section 58. 20.510 (1) (q) of the statutes is amended to read:

AB936,36,16 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropri ation, from the Wisconsin election campaign fund, the moneys determined under s. 11.50 to provide for payments to eligible candidates whose names are certified under s. 7.08 (2) (c) and (cm) and to provide for public information as authorized under s. 11.50 (2m).

AB936, s. 59 Section 59. 20.855 (4) (bm) of the statutes is created to read:

AB936,37,2 20.855 (4) (bm) Election campaign payments. The amounts in the schedule to be transferred to the Wisconsin election campaign fund annually on August 1.

AB936, s. 60 Section 60. 25.42 of the statutes is amended to read:

AB936,37,10 25.42 Wisconsin election campaign fund. All moneys appropriated under s. ss. 20.510 (1) (b) and 20.855 (4) (b) and (bm) together with all moneys credited un der s. 11.19 (1), (1m) and (6), 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 indefinite ly.

AB936, s. 61 Section 61. 71.05 (6) (a) 21. of the statutes is created to read: