SB181-SSA1,11,16
1011.508 Seed money contributions. (1) An eligible candidate may accept
11seed money contributions from any individual or committee prior to the end of the
12public financing qualifying period, provided the total contributions from one
13contributor, except personal funds and qualifying contributions otherwise permitted
14under ss. 11.502 to 11.522, do not exceed $100, and the aggregate contributions,
15including personal funds, but not including qualifying contributions, do not exceed
16$5,000.
SB181-SSA1,11,19
17(2) An eligible candidate may make disbursements derived from seed money
18contributions only during the exploratory period and the public financing qualifying
19period.
SB181-SSA1,12,3
2011.509 Excess contributions. If an eligible candidate receives excess seed
21money contributions or qualifying contributions on an aggregate basis, the
22candidate may retain the contributions and make disbursements derived from the
23contributions, in an amount not exceeding $15,000. An amount equivalent to the
24excess contributions shall be deducted by the board from the candidate's public
25financing benefit. A candidate shall return to the board all seed money and
1qualifying contributions that exceed the limits prescribed in this section within 48
2hours after the end of the exploratory period. The board shall deposit all
3contributions returned under this section in the democracy trust fund.
SB181-SSA1,12,10
411.51 Certification by candidate. (1) To apply for a public financing benefit,
5a candidate shall certify to the board that the candidate has complied and will
6comply, throughout the applicable campaign, with all requirements of ss. 11.502 to
711.522 and that all disclosures required as of the time of application have been made,
8and shall present evidence of the requisite number of qualifying contributions
9received by the candidate. The candidate's request for certification shall be signed
10by the candidate and the candidate's campaign treasurer.
SB181-SSA1,12,16
11(2) The board shall distribute to each eligible candidate at the spring primary
12election a check for the amount of the public financing benefit payable to the
13candidate promptly after the candidate demonstrates his or her eligibility and, in
14any event, not later than 5 days after the end of the public financing qualifying
15period; however, no candidate may utilize a check received under this subsection
16until the beginning of the primary election campaign period.
SB181-SSA1,12,23
17(3) The board shall distribute to each eligible candidate for justice at a spring
18election a check for the amount of the public financing benefit payable to the
19candidate not later than 48 hours after the date of the spring primary election for the
20office of justice, or the date that the primary election would be held if a primary were
21required. However, no candidate for a particular office shall receive a check until all
22candidates for the same office who apply and qualify for a public financing benefit
23have been certified as eligible candidates.
SB181-SSA1,13,2
24(4) If any candidate who receives a public financing benefit violates the
25requirements of ss. 11.502 to 11.522, the board shall require the candidate to repay
1all public funds received by the candidate to the board. The board shall deposit all
2repayments received under this subsection in the democracy trust fund.
SB181-SSA1,13,12
311.511 Public financing benefits. (1) The board shall provide to each
4eligible candidate who qualifies to receive a public financing benefit for the primary
5or election campaign period separate checks for the public financing benefits payable
6to the candidate for the primary and election campaign periods in the amounts
7specified in this section, subject to any required adjustment under s. 11.509, 11.512
8(2) or 11.519 (2). An eligible candidate may use this public financing benefit to
9finance any lawful disbursements during the primary and election campaign periods
10to further the election of the candidate in that primary or election. An eligible
11candidate may not use this public financing benefit to repay any loan, or in violation
12of ss. 11.502 to 11.522 or any other applicable law.
SB181-SSA1,13,14
13(2) Except as provided in ss. 11.512 (2) and 11.519 (2), the public financing
14benefit for a primary election campaign period is $100,000.
SB181-SSA1,13,16
15(3) Except as provided in ss. 11.512 (2) and 11.519 (2), the public financing
16benefit for an election campaign period is $300,000.
SB181-SSA1,13,19
17(4) If there is no spring primary election for the office of justice, no eligible
18candidate may receive a public financing benefit for the primary election campaign
19period.
SB181-SSA1,13,24
20(5g) An eligible candidate who receives a public financing benefit in the
21primary election campaign period and whose name is certified to appear on the ballot
22at the election following that primary may utilize any unencumbered balance of the
23public financing benefit received by the candidate in the primary election campaign
24period for the election campaign period.
SB181-SSA1,14,5
1(5r) Except as permitted in sub. (5g), an eligible candidate who receives a
2public financing benefit and who does not encumber or expend some portion of the
3benefit for a purpose described in sub. (1) shall return any unencumbered portion of
4the benefit to the board within 30 days after the primary or election in which the
5candidate participates.
SB181-SSA1,14,10
6(6) Notwithstanding subs. (2) and (3), beginning on July 1, 2002, and every 2
7years thereafter, the board shall modify the public financing benefits provided for in
8subs. (2) and (3) to adjust for the change in the consumer price index, all items, U.S.
9city average, published by the U.S. department of labor for the preceding 2-year
10period ending on December 31.
SB181-SSA1,15,6
1111.512 Financial activity by noncomplying candidates. (1) In addition
12to other reports required by law, a noncomplying candidate for an office at a primary
13or election who receives contributions or makes or obligates to make disbursements
14in an amount more than 5% greater than the public financing benefit applicable to
15an eligible candidate for the same office at the same primary or election shall file a
16report with the board itemizing the total contributions received and disbursements
17made or obligated to be made by the candidate as of the date of the report. The board
18shall transmit copies of the report to all candidates for the same office at the same
19election. A noncomplying candidate shall file additional reports after the candidate
20receives each additional $1,000 of contributions, or the candidate makes or obligates
21to make each additional $1,000 of disbursements. If such contributions are received
22or such disbursements are made or obligated to be made more than 6 weeks prior to
23the date of the primary election at which the name of the candidate appears on the
24ballot, or prior to the date that the primary election would be held, if a primary were
25required, such reports shall be made at the next regular reporting interval under s.
111.506. If such contributions are received or such disbursements made or obligated
2to be made within 6 weeks prior to the date of the primary election at which the name
3of the candidate appears on the ballot, or within 6 weeks prior to the date that the
4primary election would be held, if a primary were required, such reports shall be
5made within 24 hours after each instance in which such contributions are received,
6or such disbursements are made or obligated to be made.
SB181-SSA1,15,10
7(2) Upon receipt of such information, the state treasurer shall immediately
8issue a check to an opposing eligible candidate in an additional amount equivalent
9to the total excess disbursements made or obligated to be made, but not to exceed 3
10times the public financing benefit for the applicable office.
SB181-SSA1,15,12
1111.515 Democracy trust fund. The democracy trust fund shall be
12administered by the state treasurer.
SB181-SSA1,15,15
1311.516 Administration. Except as otherwise specifically provided in ss.
1411.501 to 11.522, the duties of and authority for administering and enforcing ss.
1511.501 to 11.522 are vested in the board.
SB181-SSA1,15,21
1611.517 Penalties; enforcement. (1) If an eligible candidate makes
17disbursements that exceed the total amount of the public financing benefit allocated
18to the candidate for any campaign and the total qualifying and seed money
19contributions lawfully accepted by the candidate, the candidate may be required to
20forfeit not more than 10 times the amount by which the disbursements exceed the
21allocation.
SB181-SSA1,15,24
22(2) Any eligible candidate who accepts contributions in excess of any limitation
23imposed under ss. 11.502 to 11.522 may be required to forfeit not more than 10 times
24the amount by which the contributions exceed the applicable limitation.
SB181-SSA1,16,8
1(3) If the board finds that there is probable cause to believe that a candidate
2has made excess disbursements or has accepted excess contributions contrary to sub.
3(1) or (2), the board shall attempt for a period of not more than 14 days after its
4finding to correct the matter by informal methods of conference and conciliation and
5to enter into a settlement and conciliation agreement under s. 5.05 (1) (c) with the
6person involved. A settlement and conciliation agreement made pursuant to this
7subsection shall be a matter of public record. Unless violated, a settlement and
8conciliation agreement is a bar to any civil action under sub. (4).
SB181-SSA1,16,14
9(4) If the board has probable cause to believe that a candidate has made excess
10disbursements or has accepted excess contributions and the board is unable to
11correct the matter by informal methods within the time prescribed in sub. (3), the
12board shall make a public finding of probable cause in the matter. After making a
13public finding, the board shall bring an action in the circuit court for Dane County
14to impose a forfeiture under sub. (1) or (2).
SB181-SSA1,16,21
15(5) If an elector believes that a candidate has violated ss. 11.502 to 11.522 and
16the elector is entitled to vote for or against the candidate in the election in connection
17with which the violation is alleged to occur, the elector may file a complaint with the
18board requesting it to take remedial action. If the board refuses to take remedial
19action or, within 30 days after the filing of such a complaint, fails to take remedial
20action, the elector may commence a civil action in the appropriate circuit court under
21sub. (4) requesting the court to impose a forfeiture under sub. (1) or (2).
SB181-SSA1,16,24
22(6) The board and courts shall expedite all proceedings under ss. 11.502 to
2311.522 so that all complaints brought prior to an election are resolved, to the extent
24possible, before the election is held.
SB181-SSA1,17,4
1(7) If a complaint brought under ss. 11.502 to 11.522 is resolved against the
2complainant and is found to have been brought in bad faith and without reasonable
3basis therefor, the board or court may assess costs, including reasonable attorney
4fees, against the complainant.
SB181-SSA1,17,10
511.518 Prohibited acts. (1) If a candidate or agent of a candidate knowingly
6accepts more contributions than the candidate is entitled to receive, or makes
7disbursements exceeding the total amount of the public financing benefit received
8by the candidate and the qualifying and seed money contributions lawfully received
9by the candidate, the candidate or agent may be fined not more than $25,000 or
10imprisoned for not more than 5 years or both.
SB181-SSA1,17,15
11(3) If, in connection with the receipt or disbursement of a public financing
12benefit for an election campaign, any person knowingly provides false information
13to the board, or knowingly conceals or withholds information from the board, that
14person may be fined not more than $25,000 or imprisoned for not more than 5 years
15or both.
SB181-SSA1,17,19
1611.519 Mass mailings. (1) No person may conduct any mass mailing using
17state funds on behalf of any person who is a candidate for the office of justice at the
18spring election during the period between December 1 preceding that election and
19May 31 following that election.
SB181-SSA1,18,2
20(2) If any person uses state funds to conduct a mass mailing on behalf of any
21person who is a candidate for the office of justice at the spring election during the
22period between September 1 and November 30 preceding that election, the state
23treasurer shall immediately issue a check to all other eligible candidates for justice
24on behalf of whom the mailing is conducted in an amount equal to the cost of printing
1and mailing of that mass mailing. The additional check may be used solely to fund
2a mailing promoting the candidacy of the candidate who receives the check.
SB181-SSA1,18,6
3(3) A candidate for justice at the spring election who plans to use state funds
4for a mass mailing shall notify the board in writing of his or her intent to do so no later
5than September 1 preceding the spring election, and shall complete the mailing no
6later than the following November 30.
SB181-SSA1,18,12
7(4) All mass mailings funded by the state on behalf of any person who is a
8candidate for justice at the spring election during the period between September 1
9and November 30 preceding that election and all mass mailings authorized under
10sub. (2) shall be issue oriented and nonpolitical, shall not mention any of a
11candidate's opponents by name and shall be reviewed and approved by the board for
12compliance with such requirements in advance of the mailing.
SB181-SSA1,18,16
13(5) Except as permitted under sub. (2), no state funds may be used by any
14incumbent individual holding the office of justice to conduct a mass mailing on behalf
15of a candidate for that office at the spring election after November 30 preceding that
16election.
SB181-SSA1,18,20
1711.522 Contributions to noncomplying candidates; attributions. (1) A
18noncomplying candidate may accept contributions from private sources without
19limitation, except that no person may make any contribution or contributions to a
20noncomplying candidate exceeding a total of $1,000 during any campaign.
SB181-SSA1,18,24
21(2) Any electronic or print communication paid for or authorized by a
22noncomplying candidate shall contain the following sentence: "This communication
23is paid for with money raised from private sources. This candidate has not agreed
24to abide by campaign contribution and spending limits."
SB181-SSA1,19,54
20.510
(1) (r)
Democracy trust fund administration. From the democracy trust
5fund, the amounts in the schedule for the administration of ss. 11.501 to 11.522.
SB181-SSA1,19,97
20.585
(1) (q)
Democracy trust fund. As a continuing appropriation, from the
8democracy trust fund, the moneys determined under ss. 11.501 to 11.522 to provide
9for payments to eligible candidates.
SB181-SSA1,19,1211
20.585
(1) (r)
Democracy trust fund administration. From the democracy trust
12fund, the amounts in the schedule for the administration of ss. 11.501 to 11.522.
SB181-SSA1,20,414
20.855
(4) (bb)
Democracy trust fund transfer. A sum sufficient equal to the
15amounts appropriated under ss. 20.510 (1) (r) and 20.585 (1) (r) and the amounts
1required to provide public financing benefits that candidates qualify to receive from
2the democracy trust fund, to be transferred from the general fund to the democracy
3trust fund no later than the time required to make payments of grants under s. 11.51
4(2) and (3).
SB181-SSA1,20,66
25.17
(1) (cm) Democracy trust fund (s. 25.421);
SB181-SSA1,20,11
825.421 Democracy trust fund. All moneys appropriated under s. 20.855 (4)
9(bb) and all moneys deposited in the state treasury under ss. 11.509, 11.51 (4) and
1011.511 (5r) constitute the democracy trust fund, to be expended for the purposes of
11ss. 11.501 to 11.522.