SB380: Bill Text

SB380, s. 11 Section 11. 11.31 (5m) of the statutes is created to read:

SB380,6,6 11.31 (5m) Independent disbursements. No individual, other than a candidate, and no committee, other than a personal campaign committee, may make disbursements, which are to be used to advocate the election or defeat of any clearly identified candidate in an election, exceeding $50 in amount or value per candidate per campaign.

SB380, s. 12 Section 12. 11.50 (2) (b) 5. of the statutes is amended to read:

SB380,7,4 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, 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 preceding 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 $50 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 be considered a contribution made by the individual. 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 the office identified in s. 11.26 (1) (a) of governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice or a any candidate at a special election, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation under s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation under s. 11.31.

SB380, s. 13 Section 13. 11.50 (3) (a) 1. and 2. of the statutes are amended to read:

SB380,7,9 11.50 (3) (a) 1. If an election for state superintendent is scheduled in the following year, 8% of the fund shall be placed in a superintendency 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 par. (c).

SB380,7,13 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 par. (c).

SB380, s. 14 Section 14. 11.50 (3) (c) of the statutes is created to read:

SB380,7,20 11.50 (3) (c) If an eligible candidate for state superintendent or justice is opposed by a candidate whose name appears on a spring or special election ballot, and the eligible candidate's opponent does not qualify for or accept a grant in whole or in part or file an affidavit under s. 11.31 (2m), the eligible candidate shall receive a supplementary grant equivalent to 100% of the maximum amount of the grant otherwise available to the candidate.

SB380, s. 15 Section 15. 11.50 (4) (c) and (d) of the statutes are amended to read:

SB380,8,2 11.50 (4) (c) The legislative and special election campaign account shall be divided 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 apportioned between all eligible candidates for the same office in the entire state. No apportionment shall be made by legislative district, except as provided in par. (e).

SB380,8,5 (d) 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, except as provided in par. (e).

SB380, s. 16 Section 16. 11.50 (4) (e) of the statutes is created to read:

SB380,8,12 11.50 (4) (e) If an eligible candidate for state office is opposed by a candidate who meets the applicable vote qualification requirement under sub. (1) (a), and the eligible candidate's opponent does not qualify for or accept a grant in whole or in part or file an affidavit under s. 11.31 (2m), the eligible candidate shall receive a supplementary grant equivalent to 100% of the maximum amount of the grant otherwise available to the candidate.

SB380, s. 17 Section 17. 11.50 (6) of the statutes is amended to read:

SB380,8,17 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 candidate may accept under sub. (9) (a), or more than the amount which a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.

SB380, s. 18 Section 18. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:

SB380,9,6 11.50 (9) (a) The total grant available to an eligible candidate who does not receive a supplementary grant under sub. (3) (c) or (4) (e) 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 that applies to a candidate for the applicable office, as determined under s. 11.31. The total grant available to any eligible candidate who receives a supplementary grant under sub. (3) (c) or (4) (e) may not exceed the amount authorized under s. 11.26 (9) (a). 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 exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection paragraph.

SB380, s. 19 Section 19. 11.50 (9) (b) of the statutes is created to read:

SB380,9,12 11.50 (9) (b) If the account from which the grant payable to an eligible candidate does not contain sufficient moneys to enable disbursement of the maximum grant that is payable to that eligible candidate under this section at the time disbursement is required, the board shall proportionately reduce the grants payable to all eligible candidates from that account.

SB380, s. 20 Section 20. 71.10 (3) (a) of the statutes is amended to read:

SB380,9,19 71.10 (3) (a) Every individual filing an income tax return who is required to do so, has a tax liability or is entitled to a tax refund may designate $1 $3 for the Wisconsin election campaign fund for the use of eligible candidates under s. 11.50. If the individuals filing a joint return are required to do so, have a tax liability or are entitled to a tax refund, each individual may make a designation of $1 $3 under this subsection.

SB380, s. 21 Section 21. 71.10 (3) (am) of the statutes is created to read:

SB380,9,25 71.10 (3) (am) In addition to a designation under par. (a), every individual filing an income tax return who has a tax liability, is entitled to a refund or is required to file a return may contribute any amount to the Wisconsin election campaign fund. A contribution reduces an individual's refund that is otherwise payable. A contribution does not increase an individual's tax liability, but if an individual who makes a contribution has a tax liability, the individual shall remit the amount contributed with his or her tax payment. If an individual who makes a contribution has no tax liability or the amount contributed exceeds his or her refund, the individual shall remit the amount contributed or the amount by which his or her contribution exceeds the refund otherwise due with his or her tax return. If an individual indicates a contribution that exceeds the additional amount remitted by the individual, the indication is ineffective and the secretary of revenue shall refund any amount contributed by the individual.

SB380, s. 22 Section 22. 71.10 (3) (b) and (c) of the statutes are amended to read:

SB380,11,2 71.10 (3) (b) The secretary of revenue shall provide a place for those designations under par. (a) and contributions to the fund under par. (am) on the face of the individual income tax return and the words "State Election Campaign Fund" shall appear on the return in plain English lettering of the style and size known as 10-point Helvetica narrow bold type next to the place where designations and contributions are indicated. The return shall also provide next to that place the phrase "State Election Campaign Fund" a statement in italicized English lettering of the style and size known as 8-point Helvetica type that a designation will and contribution does not increase tax liability but a contribution does reduce any refund otherwise payable and a designation does not reduce any refund otherwise payable. Annually on August 15, the secretary of revenue shall certify to the elections board, the department of administration and the state treasurer under s. 11.50 the total amount of designations and contributions made during the preceding fiscal year. If any individual attempts to place any condition or restriction upon a designation or contribution, that individual is deemed considered not to have made a designation on his or her tax return and the secretary of revenue shall refund any amount contributed by the individual.

SB380,11,4 (c) The names of persons making designations and contributions under this subsection shall be strictly confidential.

SB380, s. 23 Section 23. Initial applicability.

SB380,11,8 (1)  The treatment of section 71.10 (3) (a), (am), (b) and (c) of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect.

SB380,11,9 (End)