LRBs0134/1
JTK/JS/MES:kmg&kaf:hmh
1997 - 1998 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1997 SENATE BILL 7
June 12, 1997 - Offered by Committee on Judiciary, Campaign Finance Reform
and Consumer Affairs.
SB7-SSA1,3,5
1An Act to repeal 11.01 (12s), 11.05 (3) (o), 11.26 (8), 11.265, 11.31 (4), 13.625 (1)
2(c) 1. and 2., 15.07 (1) (a) 2. and 19.42 (10) (a);
to renumber 11.24 (2), 11.50 (5)
3and 11.50 (7);
to renumber and amend 11.12 (6), 11.26 (9) (c), 11.50 (9) and
413.625 (1) (c) (intro.);
to amend 5.02 (13), 5.05 (1) (b), 7.08 (2) (c) and (cm), 7.70
5(3) (e) 1., 8.35 (4) (a) 1. a. and b., 10.02 (3) (b) 2m., 11.05 (3) (c), 11.05 (9) (b), 11.06
6(1) (a), 11.06 (1) (e), 11.06 (2), 11.06 (7m) (a), 11.06 (7m) (c), 11.06 (11) (c), 11.07
7(5), 11.09 (3), 11.12 (2), 11.16 (2), 11.16 (5), 11.19 (title) and (1), 11.20 (3) (b),
811.20 (3) (d), 11.20 (3) (g), 11.20 (3) (L), 11.20 (8) (intro.), 11.20 (10) (a), 11.20 (12),
911.21 (15), 11.23 (2), 11.26 (1) (intro.), 11.26 (2) (intro.), 11.26 (4), 11.26 (9) (a)
10and (b), 11.26 (12m), 11.31 (1) (d), 11.31 (1) (e) and (f), 11.31 (2), 11.31 (3), 11.31
11(6), 11.31 (7) (c), 11.38 (6), 11.50 (1) (a) 1. and 2., 11.50 (2) (b) 5., 11.50 (2) (c) and
12(d), 11.50 (2) (i), 11.50 (3) (a) (intro.), 11.50 (3) (a) 1. and 2., 11.50 (4) (a), 11.50
13(4) (c), (cm) and (d), 11.50 (6), 11.50 (8), 11.50 (11) (e), 11.50 (12), 11.60 (1), 11.60
1(4), 11.61 (1) (a), 13.14 (3), 13.20 (1), 13.625 (1) (b) 3., 13.625 (2), 13.625 (6), 15.07
2(3) (a), 15.61, 20.510 (1) (q), 20.923 (6) (h), 25.42, 70.11 (intro.), 71.10 (3) (a),
371.26 (1) (intro.), 71.26 (1) (a), 71.45 (1) and 230.08 (2) (f);
to repeal and
4recreate 11.31 (3m); and
to create 5.05 (10), 7.08 (2) (cn), 11.05 (3) (m), 11.05
5(3) (q) and (r), 11.05 (14), 11.095, 11.12 (6) (b), 11.19 (1m) and (6), 11.20 (2e),
611.20 (8) (am), 11.21 (16), 11.24 (3) and (4), 11.26 (8m), 11.26 (9) (c) 2., 11.30 (6),
711.31 (1) (de), 11.31 (1m), 11.31 (2r), 11.31 (2s), 11.31 (7) (am), 11.31 (9), 11.50
8(1) (an) and (bm), 11.50 (2) (bm), 11.50 (2) (j), (k) and (m), 11.50 (2m), 11.50 (3)
9(c), 11.50 (4) (dm), 11.50 (4) (e), 11.50 (5) (b), 11.50 (7) (b), 11.50 (9) (b), 11.50 (9)
10(e) and (g), 11.60 (3m), 11.60 (3n) and (3p), 11.61 (1) (d), 11.61 (1) (e), 20.510 (1)
11(d), 20.510 (1) (i), 71.05 (6) (a) 20., 71.07 (5) (a) 8., 71.26 (1g), 71.26 (2) (b) 1g.,
1271.26 (3) (e) 4., 71.34 (1) (ad), 71.45 (1g), 71.45 (2) (a) 15. and 806.04 (11m) of
13the statutes;
relating to: designations for the Wisconsin election campaign
14fund by individuals filing state income tax returns, income and franchise tax
15deductions for certain business expenses related to lobbying, regulation of
16certain telephoning activities pertaining to elections, temporary revocation of
17certain tax exemptions for violating regulations pertaining to such
18telephoning, public information related to the Wisconsin election campaign
19fund, eligibility requirements for and the amounts of grants from the Wisconsin
20election campaign fund, grants from the Wisconsin election campaign fund for
21political party committees, disbursement levels applicable to candidates for
22certain state offices, independent disbursements in support of or opposition to
23candidates for certain state offices, contribution restrictions and limitations,
24treatment of legislative campaign committees, disposition of residual or excess
25campaign funds, application of the campaign finance registration requirement,
1information provided on campaign finance registration statements, filing of
2campaign finance reports, composition and meeting dates of the elections
3board, elimination of legislative partisan caucus staffs, providing exemptions
4from emergency rule procedures, granting rule-making authority, making
5appropriations and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB7-SSA1, s. 1
6Section
1. 5.02 (13) of the statutes is amended to read:
SB7-SSA1,3,127
5.02
(13) "Political party" or "party" means a state committee registered under
8s. 11.05
and organized exclusively for political purposes under whose name
9candidates appear on a ballot at any election, and all county, congressional,
10legislative, local and other affiliated committees authorized to operate under the
11same name. For purposes of ch. 11, the term does not include
a legislative campaign
12committee or a committee filing an oath under s. 11.06 (7).
SB7-SSA1, s. 2
13Section
2. 5.05 (1) (b) of the statutes is amended to read:
SB7-SSA1,4,214
5.05
(1) (b) In the discharge of its duties and upon notice to the party or parties
15being investigated, subpoena and bring before it any person in the state and require
16the production of any papers, books or other records relevant to an investigation. A
17circuit court may by order permit the inspection and copying of the accounts and the
18depositor's and loan records at any financial institution
, as defined in s. 705.01 (3)
, 19doing business in the state
or the records of any telecommunications utility, as
20defined in s. 196.01 (10), doing business in this state, to obtain evidence of any
21violation of ch. 11 upon showing by the board of probable cause to believe there is a
22violation and that such accounts
and or records may have a substantial relation to
23the violation. In the discharge of its duties, the board may cause the deposition of
1witnesses to be taken in the manner prescribed for taking depositions in civil actions
2in circuit court.
SB7-SSA1, s. 3
3Section
3. 5.05 (10) of the statutes is created to read:
SB7-SSA1,4,84
5.05
(10) Preelection meetings. The board shall meet at noon on the Tuesday
5and the Thursday preceding the September primary, and on the first and 2nd
6Tuesdays and the first and 2nd Thursdays preceding the general election. Any
7member of the board may participate in a meeting required under this subsection via
8teleconference, but not via telephone.
SB7-SSA1, s. 4
9Section
4. 7.08 (2) (c) and (cm) of the statutes are amended to read:
SB7-SSA1,5,210
7.08
(2) (c) As soon as possible after the canvass of the spring and September
11primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
12September, transmit to the state treasurer a certified list of all eligible candidates
13for state office who have filed applications under s. 11.50 (2) and
whom who the board
14determines to be eligible to receive payments from the Wisconsin election campaign
15fund. The
board shall also transmit a similar list of candidates who the board
16determines to be eligible to receive a supplementary grant under s. 11.50 (3) (c), (4)
17(e) or (9) (b) within 5 days after the candidates qualify to receive the grants. Each 18list shall contain each candidate's name, the mailing address indicated upon the
19candidate's registration form, the office for which the individual is a candidate
and, 20the party or principle which he or she represents, if any
, and, for a candidate whose
21application is approved under s. 11.50 (2) (bm) 1., an indication that the candidate
22is eligible for 50% of the amount that would have been available to the candidate if
23his or her application had been approved under s. 11.50 (2) (b). As soon as possible
24after receiving supplemental reports under s. 11.50 (2) (bm) 2., but no later than 28
25days after the date specified in s. 11.50 (2) (b) 5., the board shall transmit to the state
1treasurer a certified list of all candidates who are eligible for supplemental payments
2under s. 11.50 (2) (bm) 2.
SB7-SSA1,5,213
(cm) As soon as possible after the canvass of a special primary, or the date that
4the primary would be held, if required, transmit to the state treasurer a certified list
5of all eligible candidates for state office who have filed applications under s. 11.50 (2)
6and
whom who the board determines to be eligible to receive a grant from the
7Wisconsin election campaign fund prior to the election. The board shall also transmit
8a similar list of candidates, if any, who have filed applications under s. 11.50 (2) and
9whom who the board determines to be eligible to receive a
supplementary grant
10under s. 11.50 (1) (a) 2. after the special election
. The or a supplementary grant under
11s. 11.50 (4) (e) or (9) (b) within 5 days after the candidates qualify to receive the
12grants. Each list shall contain each candidate's name, the mailing address indicated
13upon the candidate's registration form, the office for which the individual is a
14candidate
and, the party or principle which he or she represents, if any
, and, for a
15candidate whose application is approved under s. 11.50 (2) (bm) 1., an indication that
16the candidate is eligible for 50% of the amount that would have been available to the
17candidate if his or her application had been approved under s. 11.50 (2) (b). As soon
18as possible after receiving supplemental reports under s. 11.50 (2) (bm) 2., but not
19later than 28 days after the date specified in s. 11.50 (2) (b) 5., the board shall
20transmit to the state treasurer a certified list of all candidates who are eligible for
21supplemental payments under s. 11.50 (2) (bm) 2.
SB7-SSA1, s. 5
22Section
5. 7.08 (2) (cn) of the statutes is created to read:
SB7-SSA1,6,623
7.08
(2) (cn) No later than the 10th day after the September primary, the board
24shall transmit to the state treasurer a list of political party committees which the
25board has determined to be eligible to receive grants from the Wisconsin election
1campaign fund. The board shall also transmit a similar list of political party
2committees which the board determines to be eligible to receive supplementary
3grants under s. 11.50 (9) (g) within 5 days after the committees qualify to receive the
4grants. The list shall contain the name and chairperson of each committee, the
5mailing address included on the committee's registration statement and the amount
6of the grant for which the committee has qualified.
SB7-SSA1, s. 6
7Section
6. 7.70 (3) (e) 1. of the statutes is amended to read:
SB7-SSA1,6,138
7.70
(3) (e) 1. After each September primary, the name of each candidate not
9defeated in the primary who receives at least
6%
2% of the total vote cast for all
10candidates on all ballots at the primary for each separate state office except district
11attorney, and the percentage of the total vote received by that candidate. Such
12percentage shall be calculated within each district in the case of legislative
13candidates.
SB7-SSA1, s. 7
14Section
7. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:
SB7-SSA1,6,2215
8.35
(4) (a) 1. a.
Donated to the former candidate's local or state political party
16if If the former candidate was a partisan candidate
or, donated to the former
17candidate's local or state political party, donated to
the a charitable organization
of
18the former candidate's choice or the charitable organization chosen
or transferred to
19the board for deposit in the Wisconsin election campaign fund, as instructed by the
20former candidate or, if the candidate made no choice, by the former candidate's next
21of kin
if the former candidate is deceased, or if no choice is made returned to the
22donors on a proportional basis; or
SB7-SSA1,7,223
b. If the former candidate was a nonpartisan candidate, donated to
the a 24charitable organization
of the former candidate's choice or the charitable
25organization chosen or transferred to the board for deposit in the Wisconsin election
1campaign fund, as instructed by the former candidate or, if the candidate made no
2choice, by the former candidate's next of kin
if the former candidate is deceased; or
SB7-SSA1, s. 8
3Section
8. 10.02 (3) (b) 2m. of the statutes is amended to read:
SB7-SSA1,7,134
10.02
(3) (b) 2m. At the September primary, the elector shall select the party
5ballot of his or her choice or the ballot containing the names of the independent
6candidates for state office, and make a cross [
8] in the square at the right of or
7depress the lever or button next to the candidate's name for each office for whom the
8elector intends to vote or insert or write in the name of the elector's choice for a party
9candidate, if any. In order to qualify for participation in the Wisconsin election
10campaign fund, a candidate for state office at the September primary, other than a
11candidate for district attorney, must receive at least
6% 2% of all votes cast on all
12ballots for the office for which he or she is a candidate, in addition to other
13requirements.
SB7-SSA1, s. 10
15Section
10. 11.05 (3) (c) of the statutes is amended to read:
SB7-SSA1,7,1916
11.05
(3) (c) In the case of a committee, a statement as to whether the
17committee is a personal campaign committee, a political party committee,
a
18legislative campaign committee, a support committee or a special interest
19committee.
SB7-SSA1, s. 11
20Section
11. 11.05 (3) (m) of the statutes is created to read:
SB7-SSA1,7,2321
11.05
(3) (m) In the case of a personal campaign committee, the name of the
22candidate on whose behalf the committee was formed or intends to operate and the
23office or offices that the candidate seeks.
SB7-SSA1, s. 13
25Section
13. 11.05 (3) (q) and (r) of the statutes are created to read:
SB7-SSA1,8,4
111.05
(3) (q) If the committee, group or individual does not engage in or retain
2any other person to engage in persuasive telephoning, as defined in s. 11.095 (1) (a),
3a separate statement, signed by the same individual who signs the registration form,
4to this effect.
SB7-SSA1,8,75
(r) In the case of a candidate or personal campaign committee of a candidate,
6the telephone number or numbers and the facsimile transmission number, if any, at
7which the candidate may be contacted.
SB7-SSA1, s. 14
8Section
14. 11.05 (9) (b) of the statutes is amended to read:
SB7-SSA1,8,149
11.05
(9) (b) An individual who or a committee or group which receives a
10contribution of money and transfers the contribution to another individual,
11committee or group while acting as a conduit is not subject to registration under this
12section unless the individual, committee or group transfers the contribution to a
13candidate or a personal campaign,
legislative campaign, political party or support
14committee.
SB7-SSA1, s. 15
15Section
15. 11.05 (14) of the statutes is created to read:
SB7-SSA1,9,216
11.05
(14) Presumption concerning advertising and contacts during certain
17periods. Whenever any person publishes, disseminates or broadcasts, or causes to
18be published, disseminated or broadcast, any communication, or retains any person
19to engage in persuasive telephoning, as defined in s. 11.095 (1) (a), and in the course
20of that communication or telephoning includes the name or likeness of a candidate
21for state or local office during the period beginning on the last day permitted for filing
22a declaration of candidacy for that office and ending on the date of the election for
23that office, it is presumed unless established by clear and convincing evidence to the
24contrary that the communication or telephoning is made for the purpose of
1influencing the election or nomination for election of that candidate or for the
2purpose of influencing the recall or retention in office of that candidate.
SB7-SSA1, s. 16
3Section
16. 11.06 (1) (a) of the statutes is amended to read:
SB7-SSA1,9,94
11.06
(1) (a) An itemized statement giving the date, full name and street
5address of each contributor who has made a contribution in excess of $20, or whose
6contribution if $20 or less aggregates more than $20 for the calendar year, together
7with the amount of the contribution and the cumulative total contributions made by
8that contributor for the calendar year
and, if the contributor made the contribution
9through a conduit, the identity of the conduit.
SB7-SSA1, s. 17
10Section
17. 11.06 (1) (e) of the statutes is amended to read:
SB7-SSA1,9,1411
11.06
(1) (e) An itemized statement of contributions over $20 from a single
12source donated to a charitable organization or to the common school fund, with the
13full name and mailing address of the donee
, and a statement of contributions over
14$20 transferred to the board for deposit in the Wisconsin election campaign fund.
SB7-SSA1, s. 18
15Section
18. 11.06 (2) of the statutes is amended to read:
SB7-SSA1,9,2416
11.06
(2) Disclosure of certain indirect disbursements. Notwithstanding
17sub. (1), if a disbursement is made or obligation incurred by an individual other than
18a candidate or by a committee or group which is not primarily organized for political
19purposes, and the disbursement does not constitute a contribution to any candidate
20or other individual, committee or group, the disbursement or obligation is required
21to be reported only if the purpose is to expressly advocate the election or defeat of a
22clearly identified candidate or the adoption or rejection of a referendum. The
23exemption provided by this subsection shall in no case be construed to apply to a
24political party,
legislative campaign, personal campaign or support committee.
SB7-SSA1, s. 19
25Section
19. 11.06 (7m) (a) of the statutes is amended to read:
SB7-SSA1,10,15
111.06
(7m) (a) If a committee which was registered under s. 11.05 as a political
2party committee
or legislative campaign committee supporting candidates of a
3political party files an oath under sub. (7) affirming that it does not act in cooperation
4or consultation with any candidate who is nominated to appear on the party ballot
5of the party at a general or special election, that the committee does not act in concert
6with, or at the request or suggestion of, such a candidate, that the committee does
7not act in cooperation or consultation with such a candidate or agent or authorized
8committee of such a candidate who benefits from a disbursement made in opposition
9to another candidate, and that the committee does not act in concert with, or at the
10request or suggestion of, such a candidate or agent or authorized committee of such
11a candidate who benefits from a disbursement made in opposition to another
12candidate, the committee filing the oath may not make any contributions in support
13of any candidate of the party at the general or special election or in opposition to any
14such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as
15authorized in par. (c).
SB7-SSA1, s. 20
16Section
20. 11.06 (7m) (c) of the statutes is amended to read:
SB7-SSA1,10,2317
11.06
(7m) (c) A committee filing an oath under sub. (7) which desires to change
18its status to a political party committee
or legislative campaign committee may do
19so as of December 31 of any even-numbered year. Section 11.26 does not apply to
20contributions received by such a committee prior to the date of the change. Such a
21committee may change its status at other times only by filing a termination
22statement under s. 11.19 (1) and reregistering as a newly organized committee under
23s. 11.05.
SB7-SSA1, s. 21
24Section
21. 11.06 (11) (c) of the statutes is amended to read:
SB7-SSA1,11,3
111.06
(11) (c) A contribution of money received from a conduit, accompanied by
2the information required under par. (a), is considered to be a contribution from the
3original contributor
for purposes of s. 11.26 (1) and (4).
SB7-SSA1,11,105
11.07
(5) Any campaign treasurer or individual who knowingly receives a
6contribution made by an unregistered nonresident in violation of this section may
7not use or expend such contribution but shall immediately return it to the source or
8at the option of the campaign treasurer or individual, donate the contribution to a
9charitable organization or to the common school fund
or transfer the contribution to
10the board for deposit in the Wisconsin election campaign fund.
SB7-SSA1, s. 23
11Section
23. 11.09 (3) of the statutes is amended to read:
SB7-SSA1,11,2212
11.09
(3) Each registrant whose filing officer is the board, who or which makes
13disbursements in connection with elections for offices which serve or referenda
14which affect only one county or portion thereof, except a candidate, personal
15campaign committee, political party committee or other committee making
16disbursements in support of or in opposition to a candidate for state senator,
17representative to the assembly, court of appeals judge or circuit judge, shall file a
18duplicate original of each financial report filed with the board with the county clerk
19or board of election commissioners of the county in which the elections in which the
20registrant participates are held. Such reports shall be filed no later than the
21applicable dates specified under s. 11.20 (2)
, (2e) and (4) for the filing of each report
22with the board.
SB7-SSA1,11,24
2411.095 Regulation of certain telephoning activities.
(1) In this section:
SB7-SSA1,12,11
1(a) "Persuasive telephoning" means contacting, by telephone, potential voters
2for the purpose of presenting them with information or viewpoints which could
3influence the attitudes of the voters toward candidates or referenda. "Persuasive
4telephoning" does not include any contacts that are limited solely to an attempt to
5identify potential voters, to urge potential voters to participate in an election or to
6offer assistance to potential voters to enable them to participate in an election, or
7questioning a random or representative sample of a universe of potential voters in
8a voting jurisdiction or voting group in an attempt to infer, using standard statistical
9techniques and standard levels of statistical confidence, the attitudes or positions of
10the voters concerning candidates or issues or potential candidates or issues, or their
11knowledge of candidates or issues or potential candidates or issues.
SB7-SSA1,12,1412
(b) "Telephone bank operator" means any person who places or directs the
13placement of telephone calls to individuals and engages in or directs persuasive
14telephoning.
SB7-SSA1,13,2
15(2) Each individual who, or committee or group which, engages in or retains
16a telephone bank operator to engage in persuasive telephoning with respect to any
17election shall file a written report, on a form prescribed by the board, disclosing the
18name and address of the individual, committee or group; the name and address of any
19operator who is retained; the amount paid to any such operator for the telephoning
20services; the total amount expended by the individual, committee or group to conduct
21persuasive telephoning; and, if the individual, committee or group engaged in or the
22telephone bank operator engaged in such telephoning on behalf of the individual,
23committee or group in more than one legislative district, the amount expended by the
24individual, committee or group within each legislative district for persuasive
1telephoning performed on behalf of each candidate or each personal campaign
2committee of a candidate for legislative office in that district.
SB7-SSA1,13,8
3(3) Each individual who, or committee or group which, engages in or retains
4a telephone bank operator to engage in persuasive telephoning shall report the
5information specified in sub. (2) on the dates specified for filing reports under s. 11.20
6(2), (2m) and (4), unless all information relating to an election has previously been
7reported by the individual, committee or group. Each report shall cover the period
8specified in s. 11.20 (8).
SB7-SSA1,13,13
9(4) Each individual who, or committee or group which, engages in or retains
10a telephone bank operator to engage in persuasive telephoning shall report the
11information specified in sub. (2) to the filing officer under s. 11.02 of each candidate
12whose name appears on the ballot in opposition to a candidate on behalf of whom the
13individual, committee or group is conducting persuasive telephoning.
SB7-SSA1,13,18
14(5) Each individual who, or committee or group which, engages in or retains
15a telephone bank operator to engage in persuasive telephoning with respect to any
16election shall provide to the board, upon request, a copy of any question or statement
17that was used by the individual, committee or group, or by the operator, in
18substantially identical form, of more than one individual during the telephoning.
SB7-SSA1,14,12
19(6) Any individual who, or committee or group which, engages in or retains a
20telephone bank operator to engage in persuasive telephoning shall, prior to the time
21that the telephoning is to be commenced, or, if the telephoning is to be conducted in
22relation to an election that is scheduled to occur on a date within 3 days of the date
23that the telephoning is to be commenced, no later than 24 hours prior to the time that
24the telephoning is to be commenced, exclusive of Saturdays, Sundays and the days
25specified in s. 230.35 (4) (a), deliver a written report to the filing officer under s. 11.02
1of each candidate whose candidacy is opposed by such persuasive telephoning and
2each candidate whose name appears on the ballot in opposition to a candidate on
3behalf of whom the individual, committee or group intends to conduct persuasive
4telephoning, of the intent of the individual, committee or group to conduct such
5telephoning at a time specified in the report. The filing officer shall then, by
6expeditious means, such as by telephone or facsimile transmission, provide such
7notice to each candidate whose name appears on the ballot in opposition to a
8candidate on behalf of whom the individual, committee or group intends to conduct
9persuasive telephoning and to each candidate whose candidacy is supported by such
10proposed persuasive telephoning, except a candidate on whose behalf the report is
11filed. The filing officer shall also promptly mail a copy of that notice to each such
12candidate at the address shown on the declaration of candidacy of the candidate.
SB7-SSA1, s. 25
13Section
25. 11.12 (2) of the statutes is amended to read:
SB7-SSA1,14,1814
11.12
(2) Any anonymous contribution exceeding $10 received by a campaign
15or committee treasurer or by an individual under s. 11.06 (7) may not be used or
16expended. The contribution shall be donated to the common school fund or to any
17charitable organization
or transferred to the board for deposit in the Wisconsin
18election campaign fund, at the option of the treasurer.
SB7-SSA1, s. 26
19Section
26. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended
20to read: