Amendment SSA1-SB181

LRBs0368/1

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1999 - 2000 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 1999 SENATE BILL 181

March 7, 2000 - Offered by Joint committee on Finance.

SB181-SSA1,1,7 An Act to repeal 11.50 (3) (a) 2.; to amend 8.35 (4) (b), 11.12 (2), 11.16 (2) and (3), 11.26 (1) (a), 11.26 (2) (a), 11.26 (9) (a), 11.26 (9) (b), 11.26 (13), 11.31 (1) (d), 11.33 (1) (a) (intro.), 11.50 (1) (a) 1. and 11.50 (3) (b); and to create 11.26 (1) (am), 11.26 (2) (am), 11.26 (9) (ba), 11.33 (4), 11.501 to 11.522, 20.510 (1) (r), 20.585 (1) (q), 20.585 (1) (r), 20.855 (4) (bb), 25.17 (1) (cm) and 25.421 of the statutes; relating to: campaign financing with respect to the office of justice of the supreme court, making appropriations and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB181-SSA1, s. 1 Section 1. 8.35 (4) (b) of the statutes is amended to read:

SB181-SSA1,2,6 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys received by a candidate from the Wisconsin election campaign fund shall be immediately transferred to any candidate who is appointed to replace such candidate, upon filing of a proper application therefor under s. 11.50 (2). If there is no candidate appointed or if no proper application is filed within 7 days of the date on which the vacancy occurs, such moneys shall revert to the state as provided in s. 11.50 (8). Notwithstanding par. (a), any unspent and unencumbered moneys received by a candidate from the democracy trust fund shall be immediately transferred to any candidate who is appointed to replace such candidate. If there is no candidate appointed, the moneys shall revert to the state.

SB181-SSA1, s. 2 Section 2. 11.12 (2) of the statutes is amended to read:

SB181-SSA1,2,15 11.12 (2) Any No registrant, except a candidate who receives a public financing benefit from the democracy trust fund, may accept an anonymous contribution exceeding $10 received by a campaign or committee treasurer or by an individual under s. 11.06 (7) may not be used or expended. The. No candidate who receives a public financing benefit from the democracy trust fund may accept an anonymous contribution exceeding $5. Any anonymous contribution that may not be accepted under this subsection shall be donated to the common school fund or to any charitable organization at the option of the registrant's treasurer.

SB181-SSA1, s. 3 Section 3. 11.16 (2) and (3) of the statutes are amended to read:

SB181-SSA1,2,23 11.16 (2) Limitation on cash contributions. Every Except as provided in s. 11.506 (6), every contribution of money exceeding $50 shall be made by negotiable instrument or evidenced by an itemized credit card receipt bearing on the face the name of the remitter. No treasurer may accept a contribution made in violation of this subsection. The treasurer shall promptly return the contribution, or donate it to the common school fund or to a charitable organization in the event that the donor cannot be identified.

SB181-SSA1,3,9 (3) Form of disbursements. Every Except as authorized under s. 11.511 (1), every disbursement which is made by a registered individual or treasurer from the campaign depository account shall be made by negotiable instrument. Such instrument shall bear on the face the full name of the candidate, committee, individual or group as it appears on the registration statement filed under s. 11.05 and where necessary, such additional words as are sufficient to clearly indicate the political nature of the registrant or account of the registrant. The name of a political party shall include the word "party". The instrument of each committee registered with the board and designated under s. 11.05 (3) (c) as a special interest committee shall bear the identification number assigned under s. 11.21 (12) on the face of the instrument.

SB181-SSA1, s. 4 Section 4. 11.26 (1) (a) of the statutes is amended to read:

SB181-SSA1,3,12 11.26 (1) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, or state superintendent or justice, $10,000.

SB181-SSA1, s. 5 Section 5. 11.26 (1) (am) of the statutes is created to read:

SB181-SSA1,3,14 11.26 (1) (am) Candidates for justice, $1,000.

SB181-SSA1, s. 6 Section 6. 11.26 (2) (a) of the statutes is amended to read:

SB181-SSA1,3,18 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, or state superintendent or justice, 4% of the value of the disbursement level specified in the schedule under s. 11.31 (1).

SB181-SSA1, s. 7 Section 7. 11.26 (2) (am) of the statutes is created to read:

SB181-SSA1,3,20 11.26 (2) (am) Candidates for justice, $1,000.

SB181-SSA1, s. 8 Section 8. 11.26 (9) (a) of the statutes is amended to read:

SB181-SSA1,4,2 11.26 (9) (a) No Except as provided in par. (ba), no individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level determined under s. 11.31 for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.

SB181-SSA1, s. 9 Section 9. 11.26 (9) (b) of the statutes is amended to read:

SB181-SSA1,4,9 11.26 (9) (b) No Except as provided in par. (ba), no individual who is a candidate for state or local office may receive and accept more than 45% of the value of the total disbursement level determined under s. 11.31 for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.

SB181-SSA1, s. 10 Section 10. 11.26 (9) (ba) of the statutes is created to read:

SB181-SSA1,4,12 11.26 (9) (ba) Paragraphs (a) and (b) do not apply to a candidate who receives a public financing benefit from the democracy trust fund.

SB181-SSA1, s. 11 Section 11. 11.26 (13) of the statutes is amended to read:

SB181-SSA1,4,16 11.26 (13) Except as provided in sub. (9), contributions received from the Wisconsin election campaign fund and public financing benefits received from the democracy trust fund are not subject to limitation by this section.

SB181-SSA1, s. 12 Section 12. 11.31 (1) (d) of the statutes is amended to read:

SB181-SSA1,4,19 11.31 (1) (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625.

SB181-SSA1, s. 13 Section 13. 11.33 (1) (a) (intro.) of the statutes is amended to read:

SB181-SSA1,4,24 11.33 (1) (a) (intro.) No Except as provided in sub. (4), no person elected to state or local office who becomes a candidate for national, state or local office may use public funds for the cost of materials or distribution for 50 or more pieces of substantially identical material distributed after:

SB181-SSA1, s. 14 Section 14. 11.33 (4) of the statutes is created to read:

SB181-SSA1,5,1 11.33 (4) This section does not apply to a candidate for the office of justice.

SB181-SSA1, s. 15 Section 15. 11.50 (1) (a) 1. of the statutes is amended to read:

SB181-SSA1,5,10 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 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 office 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).

SB181-SSA1, s. 16 Section 16. 11.50 (3) (a) 2. of the statutes is repealed.

SB181-SSA1, s. 17 Section 17. 11.50 (3) (b) of the statutes is amended to read:

SB181-SSA1,5,19 11.50 (3) (b) If a vacancy occurs in the office of state superintendent or justice after August 15 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall transfer an amount not exceeding 8% of the moneys transferred to the fund on the preceding August 15 to the superintendency account for the office in which the vacancy occurs, such moneys to be drawn from any account within the accounts created under sub. (4) in the amount or amounts specified by the board.

SB181-SSA1, s. 18 Section 18. 11.501 to 11.522 of the statutes are created to read:

SB181-SSA1,5,21 11.501 Definitions. In ss. 11.501 to 11.522:

SB181-SSA1,5,23 (1) "Allowable contribution" means a qualifying contribution, seed money contribution or personal contribution authorized under ss. 11.502 to 11.522.

SB181-SSA1,5,24 (2) "Campaign" has the meaning given in s. 11.26 (17).

SB181-SSA1,6,3 (3) "Election campaign period" means the period beginning on the day after the spring primary election or the day on which a primary election would be held, if required, and ending on the day of the succeeding spring election.

SB181-SSA1,6,9 (4) "Eligible candidate" means a candidate for the office of justice who has an opponent who has qualified to have his or her name certified for placement on the ballot at the spring primary or election and who qualifies for public financing by collecting the required number of qualifying contributions, making all required reports and disclosures, and being certified by the board as being in compliance with ss. 11.502 to 11.522.

SB181-SSA1,6,12 (5) "Excess disbursement amount" means the amount of disbursements made by a noncomplying candidate in excess of the public financing benefit available to an eligible candidate for the same office that the noncomplying candidate seeks.

SB181-SSA1,6,15 (6) "Excess qualifying contribution amount" means the amount of qualifying contributions accepted by a candidate beyond the number or dollar amount of contributions required to qualify a candidate for a public financing benefit.

SB181-SSA1,6,18 (7) "Exploratory period" means the period that begins after the date of a spring election and ends on the first day of the public financing qualifying period for the next election for justice.

SB181-SSA1,6,20 (9) "Immediate family", when used with reference to a candidate, includes the candidate's spouse and children.

SB181-SSA1,6,25 (10) "Independent disbursement" means a disbursement by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with a candidate, or any authorized committee or agent of a candidate, and which is not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of a candidate.

SB181-SSA1,7,6 (11) "Mass mailing" means a districtwide or statewide mailing of newsletters, pamphlets, brochures or other similar items of more than 100 pieces in which the content of the matter mailed is substantially identical. "Mass mailing" does not include a mailing made in direct response to communications from persons to whom the matter is mailed, a mailing to a federal, state or local government official or a news release to communications media.

SB181-SSA1,7,9 (12) "Noncomplying candidate" means a candidate for the office of justice who does not apply for a public financing benefit or who otherwise is ineligible or fails to qualify for a public financing benefit under ss. 11.502 to 11.522.

SB181-SSA1,7,11 (13) "Personal funds" means funds contributed by a candidate or a member of a candidate's immediate family.

SB181-SSA1,7,15 (14) "Primary election campaign period" means the period beginning 30 days after the last day prescribed by law for filing nomination papers for that office and ending on the day of the spring primary election for that office or the day on which the primary election would be held, if required.

SB181-SSA1,7,18 (15) "Public financing qualifying period" means the period beginning on the first day of July of any year and ending on the day before the beginning of the primary election campaign period for that office.

SB181-SSA1,7,22 (16) "Qualifying contribution" means a contribution made to a candidate by an elector of the jurisdiction or district in which the candidate seeks office during the public financing qualifying period, which is acknowledged by written receipt identifying the contributor.

SB181-SSA1,8,3 (17) "Seed money contribution" means a contribution in an amount of not more than $100 made to a candidate by an elector of the jurisdiction or district in which the candidate seeks office during the exploratory period or the public financing qualifying period, or a contribution made to a candidate consisting of personal funds of that candidate in an amount not more than the amount authorized under s. 11.507 during the exploratory period or the public financing qualifying period.

SB181-SSA1,8,12 11.502 Qualification; certification. (1) Before a candidate for justice in the primary election may be certified as an eligible candidate to receive a public financing benefit for the primary election campaign period, the candidate shall apply to the board for a public financing benefit and file a sworn statement that the candidate has complied and will comply with all requirements of ss. 11.502 to 11.522 throughout the applicable campaign, which includes the primary and election for that office. A candidate shall file the application and statement no later than the beginning of the primary election campaign period for the office that the candidate seeks.

SB181-SSA1,8,17 (2) A candidate shall be certified by the board as an eligible candidate for receipt of public financing for a primary election if the candidate complies with sub. (1) and receives at least 1,000 qualifying contributions in amounts equal to not less than $5 nor more than $100 and in an aggregate amount of not less than $5,000 nor more than $15,000 before the close of the public financing qualifying period.

SB181-SSA1,8,20 (3) The board shall verify a candidate's compliance with the requirements of sub. (2) by such verification and sampling techniques as the board considers appropriate.

SB181-SSA1,8,21 (4) Each candidate shall:

SB181-SSA1,8,23 (a) Acknowledge each qualifying contribution by a receipt to the contributor which contains the contributor's name and home address.

SB181-SSA1,9,2 (b) No later than the 15th or the last day of the month which immediately follows the date of receipt of a qualifying contribution, whichever comes first, file a copy of the receipt under par. (a) with the board, except that during July, August and September a copy need only be filed on the last day of the month.

SB181-SSA1,9,4 (5) A qualifying contribution may be utilized only for the purpose of making a disbursement authorized by law.

SB181-SSA1,9,12 11.503 Time of application. (1) Before a candidate may be certified as eligible for receipt of public financing for a spring election, the candidate shall apply to the board and file a sworn statement that the candidate has fulfilled all the requirements of ss. 11.502 to 11.522 during the primary election campaign period and will comply with such requirements during the election campaign period. The application shall be filed no later than the 7th day after the date of the spring primary election or the day on which the primary election would be held if a primary were required.

SB181-SSA1,9,15 (2) The board shall certify a candidate as an eligible candidate for receipt of public financing for a spring election if the candidate complies with sub. (1) and the candidate was an eligible candidate during the primary election campaign period.