SB26,4,22
22(b) To provide for a better informed electorate.
SB26, s. 3
23Section
3. 11.001 (2) of the statutes is renumbered 11.001 (2) (c) and amended
24to read:
SB26,5,4
111.001
(2) (c)
This chapter is also intended to To ensure fair and impartial
2elections by precluding officeholders from utilizing the perquisites of office at public
3expense in order to gain an advantage over nonincumbent candidates who have no
4perquisites available to them.
SB26, s. 4
5Section
4. 11.001 (2) (d) to (g) of the statutes are created to read:
SB26,5,76
11.001
(2) (d) To maintain the integrity of the democratic system in this state,
7and public confidence in it.
SB26,5,88
(e) To promote full and free campaign discussion and debate.
SB26,5,109
(f) To relieve candidates for elective office and elective officeholders from
10excessive fund-raising impediments to purposive political conduct and discourse.
SB26,5,1211
(g) To control corruption and undue influence, or the appearance thereof, in the
12financing of state election campaigns.
SB26, s. 5
13Section
5. 11.01 (12s) of the statutes is amended to read:
SB26,5,1614
11.01
(12s) "Legislative campaign committee" means a committee
which does
15not file an oath under s. 11.06 (7) organized in either house of the legislature to
16support candidates of a political party for legislative office.
SB26, s. 6
17Section
6. 11.05 (2r) and (3) (p) of the statutes are amended to read:
SB26,6,1318
11.05
(2r) General reporting exemptions. Any person, committee or group
,
19other than a committee or individual required to file an oath under s. 11.06 (7), who
20or which does not anticipate accepting contributions, making expenditures or
21incurring obligations in an aggregate amount in excess of $1,000 in a calendar year
22and does not anticipate accepting any contribution or contributions from a single
23source, other than contributions made by a candidate to his or her own campaign,
24exceeding $100 in that year may indicate on its registration statement that the
25person, committee or group will not accept contributions, incur obligations or make
1expenditures in the aggregate in excess of $1,000 in any calendar year and will not
2accept any contribution or contributions from a single source, other than
3contributions made by a candidate to his or her own campaign, exceeding $100 in
4such year. Any registrant making such an indication is not subject to any filing
5requirement if the statement is true. The registrant need not file a termination
6report. A registrant not making such an indication on a registration statement is
7subject to a filing requirement. The indication may be revoked and the registrant
8is then subject to a filing requirement as of the date of revocation, or the date that
9aggregate contributions, expenditures or obligations for the calendar year exceed
10$1,000, or the date on which the registrant accepts any contribution or contributions
11exceeding $100 from a single source, other than contributions made by a candidate
12to his or her own campaign, during that year, whichever is earlier. If the revocation
13is not timely, the registrant violates s. 11.27 (1).
SB26,6,17
14(3) (p) In the case of a support committee, a statement signed by the individual
15on whose behalf the committee intends to operate affirming that the committee is the
16only committee authorized to operate on his or her behalf
, unless the committee files
17a statement under s. 11.06 (7).
SB26, s. 7
18Section
7. 11.06 (1) (j) of the statutes is repealed.
SB26, s. 8
19Section
8. 11.06 (7) and (7m) of the statutes are repealed.
SB26, s. 9
20Section
9. 11.10 (3) of the statutes is amended to read:
SB26,7,221
11.10
(3) Every committee shall appoint a treasurer.
Every individual under
22s. 11.06 (7) shall be deemed his or her own treasurer. No expenditure may be made
23or obligation incurred by or on behalf of a committee without the authorization of the
24treasurer or designated agents. No contribution may be accepted and no expenditure
1may be made or obligation incurred by any committee at a time when there is a
2vacancy in the office of treasurer.
SB26, s. 10
3Section
10. 11.12 (1) (a), (2) and (3) of the statutes are amended to read:
SB26,7,94
11.12
(1) (a) No contribution may be made or received and no expenditure may
5be made or obligation incurred by a person or committee, except within the amount
6authorized under s. 11.05 (1) and (2), in support of or in opposition to any specific
7candidate or candidates in an election, other than through the campaign treasurer
8of the candidate or the candidate's opponent
, or by or through an individual or
9committee registered under s. 11.05 and filing a statement under s. 11.06 (7).
SB26,7,13
10(2) Any anonymous contribution exceeding $10 received by a campaign or
11committee treasurer
or by an individual under s. 11.06 (7) may not be used or
12expended. The contribution shall be donated to the common school fund or to any
13charitable organization at the option of the treasurer.
SB26,7,20
14(3) All contributions, expenditures and incurred obligations exceeding $10
15shall be recorded by the campaign or committee treasurer
or the individual under s.
1611.06 (7). He or she shall maintain such records in an organized and legible manner,
17for not less than 3 years after the date of an election in which the registrant
18participates. If a report is submitted under s. 11.19 (1), the records may be
19transferred to a continuing committee or to the appropriate filing officer for
20retention. Records shall include the information required under s. 11.06 (1).
SB26, s. 11
21Section
11. 11.16 (1) (a) and (b) of the statutes are amended to read:
SB26,8,222
11.16
(1) (a) No expenditure may be made or obligation incurred by a candidate,
23or by any other person or committee to advocate the election or defeat of a clearly
24identified candidate,
other than an individual who, or a committee which, has
25registered under s. 11.05 and filed an oath under s. 11.06 (7), except by the campaign
1treasurer of the candidate or other agent designated by the candidate and acting
2under his or her authority.
SB26,8,93
(b) The treasurer of each committee and each individual who proposes to make
4a expenditure to advocate the election or defeat of a clearly identified candidate shall
5notify the treasurer or other agent designated under par. (a) of the candidate who is
6supported or whose opponent is opposed and obtain the authorization of the
7treasurer prior to making the expenditure.
This paragraph does not apply to an
8individual or committee filing an oath under s. 11.06 (7) with respect to the candidate
9who is supported or opposed.
SB26, s. 12
10Section
12. 11.18 (6) of the statutes is amended to read:
SB26,8,1511
11.18
(6) If an individual on whose behalf a support committee is authorized
12to operate under s. 11.05 (3) (p) becomes a candidate, the committee shall be adopted
13by the candidate as his or her personal campaign committee.
A support committee
14which files a statement under s. 11.06 (7) may not be adopted by a candidate as a
15personal campaign committee.
SB26, s. 13
16Section
13. 11.21 (9) of the statutes is repealed.
SB26, s. 14
17Section
14. 11.21 (15) of the statutes is amended to read:
SB26,8,2318
11.21
(15) Inform each candidate who files an application to become eligible to
19receive a grant from the Wisconsin election campaign fund of the dollar amount of
20the applicable expenditure limitation under s. 11.31
(1), adjusted as provided under
21s. 11.31 (9), or under s. 11.31 (1m) which applies to
the office for which such person
22is a that candidate. Failure to receive the notice required by this subsection does not
23constitute a defense to a violation of s. 11.27 (1) or 11.31.
SB26, s. 15
24Section
15. 11.22 (10) of the statutes is repealed.
SB26, s. 16
25Section
16. 11.25 (1m) of the statutes is created to read:
SB26,9,3
111.25
(1m) No individual, other than a candidate, and no committee, other
2than a personal campaign committee, may make expenditures which are to be used
3to advocate the election or defeat of any clearly identified candidate in any election.
SB26, s. 17
4Section
17. 11.26 (1) (intro.) of the statutes is amended to read:
SB26,9,95
11.26
(1) (intro.) No individual may make any contribution or contributions to
6a candidate for election or nomination to any of the following offices
and to any
7individual or committee under s. 11.06 (7) acting solely in support of such a candidate
8or solely in opposition to the candidate's opponent to the extent of more than a total
9of the amounts specified per candidate:
SB26, s. 18
10Section
18. 11.26 (2) (intro.) of the statutes is amended to read:
SB26,9,1611
11.26
(2) (intro.) No committee other than a political party committee or
12legislative campaign committee may make any contribution or contributions to a
13candidate for election or nomination to any of the following offices
and to any
14individual or committee under s. 11.06 (7) acting solely in support of such a candidate
15or solely in opposition to the candidate's opponent to the extent of more than a total
16of the amounts specified per candidate:
SB26, s. 19
17Section
19. 11.26 (2) (a) of the statutes is amended to read:
SB26,9,2018
11.26
(2) (a) Candidates for governor, lieutenant governor, secretary of state,
19state treasurer, attorney general, state superintendent or justice, 4% of the value of
20the expenditure
level limitation specified in the schedule under s. 11.31 (1).
SB26, s. 20
21Section
20. 11.26 (9) (a) and (b) of the statutes are amended to read:
SB26,9,2522
11.26
(9) (a) No individual who is a candidate for state or local office may receive
23and accept more than 65% of the value of the total expenditure
level limitation for
24candidates other than candidates challenging incumbent officeholders, as 25determined under s. 11.31
(1) and adjusted as provided under s. 11.31 (9), for the
1office for which he or she is a candidate during any primary and election campaign
2combined from all committees subject to a filing requirement, including political
3party and legislative campaign committees.
SB26,10,104
(b) No individual who is a candidate for state or local office may receive and
5accept more than 45% of the value of the total expenditure
level limitation for
6candidates other than candidates challenging incumbent officeholders, as 7determined under s. 11.31
(1) and adjusted as provided under s. 11.31 (9), for the
8office for which he or she is a candidate during any primary and election campaign
9combined from all committees other than political party and legislative campaign
10committees subject to a filing requirement.
SB26, s. 21
11Section
21. 11.26 (10) of the statutes is amended to read:
SB26,11,212
11.26
(10) No candidate for state office who files a sworn statement and
13application to receive a grant from the Wisconsin election campaign fund may make
14contributions of more than 200% of the amounts specified in sub. (1) to the
15candidate's own campaign from the candidate's personal funds or property or the
16personal funds or property which are owned jointly or as marital property with the
17candidate's spouse, unless the board determines that the candidate is not eligible to
18receive a grant
, or the candidate withdraws his or her application under s. 11.50 (2)
19(h)
, or s. 11.50 (2) (i) applies. For purposes of this subsection, any contribution
20received by a candidate or his or her personal campaign committee from a committee
21which is registered with the federal elections commission as the authorized
22committee of the candidate under
2 USC 432 (e) shall be treated as a contribution
23made by the candidate to his or her own campaign. The contribution limit of sub. (4)
24applies to amounts contributed by such a candidate personally to the candidate's own
25campaign and to other campaigns, except that a candidate may exceed the limitation
1if authorized under this subsection to contribute more than the amount specified to
2the candidate's own campaign, up to the amount of the limitation.
SB26, s. 22
3Section
22. 11.30 (2) (d) of the statutes is repealed.
SB26, s. 23
4Section
23. 11.31 (title) of the statutes is amended to read:
SB26,11,5
511.31 (title)
Disbursement levels and limitations; calculation.
SB26, s. 24
6Section
24. 11.31 (1) (intro.) of the statutes is repealed and recreated to read:
SB26,11,97
11.31
(1) Schedule. (intro.) No candidate may make or authorize total
8expenditures from his or her campaign treasury in any campaign to the extent of
9more than the following amount for each of the offices indicated:
SB26, s. 25
10Section
25. 11.31 (1) (a) to (d), (e) and (f) of the statutes are amended to read:
SB26,11,1111
11.31
(1) (a) Candidates for governor,
$1,078,200 $2,000,000.
SB26,11,1212
(b) Candidates for lieutenant governor,
$323,475
$250,000.
SB26,11,1313
(c) Candidates for attorney general,
$539,000 $700,000.
SB26,11,1514
(d) Candidates for secretary of state, state treasurer, justice or state
15superintendent,
$215,625 $250,000.
SB26,11,1716
(e) Candidates for state senator,
$34,500 total in the primary and election, with
17expenditures not exceeding $21,575 for either the primary or the election $80,000.
SB26,11,2018
(f) Candidates for representative to the assembly,
$17,250 total in the primary
19and election, with expenditures not exceeding $10,775 for either the primary or the
20election $40,000.
SB26, s. 26
21Section
26. 11.31 (1m) of the statutes is created to read:
SB26,11,2522
11.31
(1m) expenditure limitations for challengers. Notwithstanding sub.
23(1), if an incumbent officeholder seeks reelection, any other candidate for the same
24office may make or authorize total expenditures not exceeding 125% of the amount
25specified in sub. (1), adjusted as provided under sub. (9).
SB26, s. 27
1Section
27. 11.31 (2) and (2m) of the statutes are repealed.
SB26, s. 28
2Section
28. 11.31 (3) of the statutes is amended to read:
SB26,12,93
11.31
(3) Gubernatorial campaigns. For purposes of compliance with the
4limitations imposed under sub.
(2) (1), adjusted as provided under sub. (9), and sub.
5(1m), candidates for governor and lieutenant governor of the same political party
6who both accept grants from the Wisconsin election campaign fund may agree to
7combine expenditure
levels limitations under sub. (1) (a) and (b)
, adjusted as
8provided under sub. (9), and sub. (1m) and reallocate the total
level limitation 9between them. The candidates shall each inform the board of any such agreement.
SB26, s. 29
10Section
29. 11.31 (3m) and (4) of the statutes are repealed.
SB26, s. 30
11Section
30. 11.31 (9) of the statutes is created to read:
SB26,12,1512
11.31
(9) Cost-of-living adjustment. (a) In this subsection, "consumer price
13index" means the average of the consumer price index over each 12-month period,
14all items, U.S. city average, as determined by the bureau of labor statistics of the U.S.
15department of labor.
SB26,13,216
(b) The dollar amounts of all expenditure limitations specified in sub. (1) shall
17be subject to a biennial cost-of-living adjustment to be determined by rule of the
18board in accordance with this subsection. To determine the adjustment, the board
19shall calculate the percentage difference between the consumer price index for the
2012-month period ending on December 31 of each odd-numbered year and the
21consumer price index for the base period, calendar year 1993. The board shall
22increase the expenditure limitations specified under sub. (1) by such amount each
23biennium, rounded to the nearest multiple of $25 in the case of amounts of $1 or more,
24which amount shall be in effect until a subsequent rule is promulgated under this
25subsection. Notwithstanding s. 227.24 (3), determinations under this subsection
1may be promulgated as an emergency rule under s. 227.24 without a finding of
2emergency.
SB26, s. 31
3Section
31. 11.40 (2) and (3) of the statutes are amended to read:
SB26,13,74
11.40
(2) No public utility or anyone connected therewith may offer or give any
5special privilege to any candidate for public office or any committee or its members
6or employes
, or any individual under s. 11.06 (7), or to any 3rd party at the request
7of or for the advantage of any of them.
SB26,13,10
8(3) No candidate for public office or any committee or member or employe
9thereof
or any individual under s. 11.06 (7) may ask for or accept any special privilege
10from any public utility.
SB26, s. 32
11Section
32. 11.50 (2) (a) of the statutes is amended to read:
SB26,14,212
11.50
(2) (a) Any individual who desires to qualify as an eligible candidate may
13file an application with the board requesting approval to participate in the fund. The
14application shall be filed no later than the applicable deadline for filing nomination
15papers 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.
16on the 7th day after the primary or date on which the primary would be held if
17required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day
18after appointment in the case of candidates appointed to fill vacancies. The
19application shall contain a sworn statement that the candidate and his or her
20authorized agents have complied with the contribution limitations prescribed in s.
2111.26 and the expenditure limitations prescribed under s. 11.31 at all times to which
22such limitations have applied to his or her candidacy and will continue to comply
23with the limitations at all times to which the limitations apply to his or her candidacy
24for the office in contest
, unless the board determines that the candidate is not eligible
1to receive a grant, the candidate withdraws his or her application under par. (h), or
2par. (i) applies.
SB26, s. 33
3Section
33. 11.50 (2) (b) 5. of the statutes is amended to read:
SB26,15,24
11.50
(2) (b) 5. The financial reports filed by or on behalf of the candidate as
5of the date of the spring or September primary, or the date that the special primary
6is or would be held, if required, indicate that the candidate has received at least the
7amount provided in this subdivision, from contributions of money, other than loans,
8made by individuals, which have been received during the period ending on the date
9of the spring primary and July 1 preceding such date in the case of candidates at the
10spring election, or the date of the September primary and January 1 preceding such
11date in the case of candidates at the general election, or the date that a special
12primary will or would be held, if required, and 90 days preceding such date or the
13date a special election is ordered, whichever is earlier, in the case of special election
14candidates, which contributions are in the aggregate amount of $100 or less, and
15which are fully identified and itemized as to the exact source thereof. A contribution
16received from a conduit which is identified by the conduit as originating from an
17individual shall be considered a contribution made by the individual. Only the first
18$100 of an aggregate contribution of more than $100 may be counted toward the
19required percentage. For a candidate at the spring or general election for an office
20identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount
21to qualify for a grant is 5% of the
candidate's authorized expenditure limitation
for
22candidates other than candidates challenging incumbent officeholders, as
23determined under s. 11.31
(1) and adjusted as provided under s. 11.31 (9). For any
24other candidate at the general election, the required amount to qualify for a grant
25is 10% of the
candidate's authorized expenditure limitation
for candidates other than
1candidates challenging incumbent officeholders, as determined under s. 11.31
(1)
2and adjusted as provided under s. 11.31 (9).
SB26, s. 34
3Section
34. 11.50 (2) (g) of the statutes is repealed.
SB26, s. 35
4Section
35. 11.50 (2) (h) of the statutes is amended to read:
SB26,15,115
11.50
(2) (h) An eligible candidate who files an application under par. (a) may
6file a written withdrawal of the application. A withdrawal of an application may be
7filed with the board no later than the 7th day after the day of the primary in which
8the person withdrawing the application is a candidate or the 7th day after the date
9that the primary would be held, if required.
If an application is withdrawn in
10accordance with this paragraph, the person withdrawing the application is no longer
11bound by the statement filed under par. (a) after the date of the withdrawal.
SB26, s. 36
12Section
36. 11.50 (2) (i) of the statutes is repealed.
SB26, s. 37
13Section
37. 11.50 (9) of the statutes is amended to read:
SB26,15,2314
11.50
(9) Limitation on grants. The total grant available to an eligible
15candidate may not exceed that amount which, when added to all other contributions
16accepted from sources other than individuals, political party committees and
17legislative campaign committees, is equal to 45% of the expenditure
level limitation 18specified for the applicable office
for candidates other than candidates challenging
19incumbent officeholders, as determined under s. 11.31
(1) and adjusted as provided
20under s. 11.31 (9). The board shall scrutinize accounts and reports and records kept
21under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31
22are not exceeded and any violation is reported. No candidate or campaign treasurer
23may accept grants exceeding the amount authorized by this subsection.
SB26, s. 38
24Section
38. 11.50 (11) (e) of the statutes is amended to read:
SB26,16,4
111.50
(11) (e) No candidate may expend, authorize the expenditure of or incur
2any obligation to expend any grant if he or she violates the pledge required under
3sub. (2) (a) as a precondition to receipt of a grant
, except as authorized in sub. (2) (h)
4or (i).
SB26, s. 39
5Section
39. 11.60 (3) of the statutes is amended to read:
SB26,16,106
11.60
(3) Notwithstanding sub. (1), any person, including any committee or
7group, who makes any contribution
or expenditure in violation of this chapter may
8be required to forfeit treble the amount of the contribution or portion thereof which
9is
illegally unlawfully contributed
or treble the amount of the expenditure or portion
10thereof which is unlawfully disbursed.
SB26, s. 40
11Section
40.
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:
SB26,16,16
12(1) Wisconsin has historically experienced a high level of civic participation in
13responsible government, which however is now in decline as the direct result of
14campaign financing arrangements that have the clear tendency to distance voters
15from the electoral process, and that cannot be successfully corrected under
16applicable rulings of the U.S. supreme court.
SB26,16,21
17(2) Current campaign financing arrangements, with their perceived
18preferential access to lawmakers for special interests that are capable of
19contributing sizeable sums to lawmakers' campaigns, have provoked public
20disaffection with elective government, as manifested by declines in voting
21percentages and in Wisconsin election campaign fund participation.
SB26,17,3
1(3) The Wisconsin election campaign fund system has lost popular support
2because it does not diminish the perceived preferential access of the special interests
3and is therefore judged to be ineffective.
SB26,17,6
4(4) Before 1976, Wisconsin in company with 33 other states had these matters
5under regulatory control through a system of mandatory spending limits applicable
6to all candidates for state elective office.
SB26,17,8
7(5) In 1976, the U.S. supreme court, in Buckley v. Valeo, 424 U.S. 1,
8invalidated all such spending limits while approving campaign contribution limits.
SB26,17,11
9(6) Since that time campaign expenditures have risen steeply, doubling in
10Wisconsin legislative races since 1980. The addition has been made up principally
11by contributions from special interests.
SB26,17,14
12(7) Contribution limits are inadequate by themselves to check this trend. So
13long as spending is effectively unrestrained, contributions will find ways to protect
14favored candidates from being outspent.