LRBs0368/1
JTK:wlj&kmg:ch
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
1An Act to repeal 11.50 (3) (a) 2.;
to amend 8.35 (4) (b), 11.12 (2), 11.16 (2) and
2(3), 11.26 (1) (a), 11.26 (2) (a), 11.26 (9) (a), 11.26 (9) (b), 11.26 (13), 11.31 (1) (d),
311.33 (1) (a) (intro.), 11.50 (1) (a) 1. and 11.50 (3) (b); and
to create 11.26 (1)
4(am), 11.26 (2) (am), 11.26 (9) (ba), 11.33 (4), 11.501 to 11.522, 20.510 (1) (r),
520.585 (1) (q), 20.585 (1) (r), 20.855 (4) (bb), 25.17 (1) (cm) and 25.421 of the
6statutes;
relating to: campaign financing with respect to the office of justice
7of 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-SSA1,2,69
8.35
(4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
10received by a candidate from the Wisconsin election campaign fund shall be
11immediately transferred to any candidate who is appointed to replace such
12candidate, upon filing of a proper application therefor under s. 11.50 (2). If there is
1no candidate appointed or if no proper application is filed within 7 days of the date
2on which the vacancy occurs, such moneys shall revert to the state as provided in s.
311.50 (8).
Notwithstanding par. (a), any unspent and unencumbered moneys
4received by a candidate from the democracy trust fund shall be immediately
5transferred to any candidate who is appointed to replace such candidate. If there is
6no candidate appointed, the moneys shall revert to the state.
SB181-SSA1,2,158
11.12
(2) Any No registrant, except a candidate who receives a public financing
9benefit from the democracy trust fund, may accept an anonymous contribution
10exceeding $10
received by a campaign or committee treasurer or by an individual
11under s. 11.06 (7) may not be used or expended. The. No candidate who receives a
12public financing benefit from the democracy trust fund may accept an anonymous
13contribution exceeding $5. Any anonymous contribution
that may not be accepted
14under this subsection shall be donated to the common school fund or to any charitable
15organization at the option of the
registrant's treasurer.
SB181-SSA1, s. 3
16Section
3. 11.16 (2) and (3) of the statutes are amended to read:
SB181-SSA1,2,2317
11.16
(2) Limitation on cash contributions. Every Except as provided in s.
1811.506 (6), every contribution of money exceeding $50 shall be made by negotiable
19instrument or evidenced by an itemized credit card receipt bearing on the face the
20name of the remitter. No treasurer may accept a contribution made in violation of
21this subsection. The treasurer shall promptly return the contribution, or donate it
22to the common school fund or to a charitable organization in the event that the donor
23cannot be identified.
SB181-SSA1,3,9
24(3) Form of disbursements. Every Except as authorized under s. 11.511 (1),
25every disbursement which is made by a registered individual or treasurer from the
1campaign depository account shall be made by negotiable instrument. Such
2instrument shall bear on the face the full name of the candidate, committee,
3individual or group as it appears on the registration statement filed under s. 11.05
4and where necessary, such additional words as are sufficient to clearly indicate the
5political nature of the registrant or account of the registrant. The name of a political
6party shall include the word "party". The instrument of each committee registered
7with the board and designated under s. 11.05 (3) (c) as a special interest committee
8shall bear the identification number assigned under s. 11.21 (12) on the face of the
9instrument.
SB181-SSA1,3,1211
11.26
(1) (a) Candidates for governor, lieutenant governor, secretary of state,
12state treasurer, attorney general
, or state superintendent
or justice, $10,000.
SB181-SSA1, s. 5
13Section
5. 11.26 (1) (am) of the statutes is created to read:
SB181-SSA1,3,1414
11.26
(1) (am) Candidates for justice, $1,000.
SB181-SSA1,3,1816
11.26
(2) (a) Candidates for governor, lieutenant governor, secretary of state,
17state treasurer, attorney general
, or state superintendent
or justice, 4% of the value
18of the disbursement level specified in the schedule under s. 11.31 (1).
SB181-SSA1, s. 7
19Section
7. 11.26 (2) (am) of the statutes is created to read:
SB181-SSA1,3,2020
11.26
(2) (am) Candidates for justice, $1,000.
SB181-SSA1,4,222
11.26
(9) (a)
No Except as provided in par. (ba), no individual who is a candidate
23for state or local office may receive and accept more than 65% of the value of the total
24disbursement level determined under s. 11.31 for the office for which he or she is a
25candidate during any primary and election campaign combined from all committees
1subject to a filing requirement, including political party and legislative campaign
2committees.
SB181-SSA1,4,94
11.26
(9) (b)
No Except as provided in par. (ba), no individual who is a candidate
5for state or local office may receive and accept more than 45% of the value of the total
6disbursement level determined under s. 11.31 for the office for which he or she is a
7candidate during any primary and election campaign combined from all committees
8other than political party and legislative campaign committees subject to a filing
9requirement.
SB181-SSA1,4,1211
11.26
(9) (ba) Paragraphs (a) and (b) do not apply to a candidate who receives
12a public financing benefit from the democracy trust fund.
SB181-SSA1,4,1614
11.26
(13) Except as provided in sub. (9), contributions received from the
15Wisconsin election campaign fund
and public financing benefits received from the
16democracy trust fund are not subject to limitation by this section.
SB181-SSA1,4,1918
11.31
(1) (d) Candidates for secretary of state, state treasurer
, justice or state
19superintendent, $215,625.
SB181-SSA1, s. 13
20Section
13. 11.33 (1) (a) (intro.) of the statutes is amended to read:
SB181-SSA1,4,2421
11.33
(1) (a) (intro.)
No Except as provided in sub. (4), no person elected to state
22or local office who becomes a candidate for national, state or local office may use
23public funds for the cost of materials or distribution for 50 or more pieces of
24substantially identical material distributed after:
SB181-SSA1,5,1
111.33
(4) This section does not apply to a candidate for the office of justice.
SB181-SSA1,5,103
11.50
(1) (a) 1. With respect to a spring or general election, any individual who
4is certified under s. 7.08 (2) (a) as a candidate in the spring election for
justice or state
5superintendent, or an individual who receives at least 6% of the vote cast for all
6candidates on all ballots for any state office, except district attorney, for which the
7individual is a candidate at the September primary and who is certified under s. 7.08
8(2) (a) as a candidate for that office in the general election, or an individual who has
9been lawfully appointed and certified to replace either such individual on the ballot
10at the spring or general election; and who has qualified for a grant under sub. (2).
SB181-SSA1,5,1913
11.50
(3) (b) If a vacancy occurs in the office of state superintendent
or justice 14after August 15 in any year and an election is scheduled to fill the vacancy at the
15spring election in the following year, the state treasurer shall transfer an amount not
16exceeding 8% of the moneys transferred to the fund on the preceding August 15 to
17the
superintendency account
for the office in which the vacancy occurs, such moneys
18to be drawn from any account within the accounts created under sub. (4) in the
19amount or amounts specified by the board.
SB181-SSA1, s. 18
20Section
18. 11.501 to 11.522 of the statutes are created to read:
SB181-SSA1,5,21
2111.501 Definitions. In ss. 11.501 to 11.522:
SB181-SSA1,5,23
22(1) "Allowable contribution" means a qualifying contribution, seed money
23contribution or personal contribution authorized under ss. 11.502 to 11.522.
SB181-SSA1,5,24
24(2) "Campaign" has the meaning given in s. 11.26 (17).
SB181-SSA1,6,3
1(3) "Election campaign period" means the period beginning on the day after the
2spring primary election or the day on which a primary election would be held, if
3required, and ending on the day of the succeeding spring election.
SB181-SSA1,6,9
4(4) "Eligible candidate" means a candidate for the office of justice who has an
5opponent who has qualified to have his or her name certified for placement on the
6ballot at the spring primary or election and who qualifies for public financing by
7collecting the required number of qualifying contributions, making all required
8reports and disclosures, and being certified by the board as being in compliance with
9ss. 11.502 to 11.522.
SB181-SSA1,6,12
10(5) "Excess disbursement amount" means the amount of disbursements made
11by a noncomplying candidate in excess of the public financing benefit available to an
12eligible candidate for the same office that the noncomplying candidate seeks.
SB181-SSA1,6,15
13(6) "Excess qualifying contribution amount" means the amount of qualifying
14contributions accepted by a candidate beyond the number or dollar amount of
15contributions required to qualify a candidate for a public financing benefit.
SB181-SSA1,6,18
16(7) "Exploratory period" means the period that begins after the date of a spring
17election and ends on the first day of the public financing qualifying period for the next
18election for justice.
SB181-SSA1,6,20
19(9) "Immediate family", when used with reference to a candidate, includes the
20candidate's spouse and children.
SB181-SSA1,6,25
21(10) "Independent disbursement" means a disbursement by a person expressly
22advocating the election or defeat of a clearly identified candidate which is made
23without cooperation or consultation with a candidate, or any authorized committee
24or agent of a candidate, and which is not made in concert with, or at the request or
25suggestion of, any candidate, or any authorized committee or agent of a candidate.
SB181-SSA1,7,6
1(11) "Mass mailing" means a districtwide or statewide mailing of newsletters,
2pamphlets, brochures or other similar items of more than 100 pieces in which the
3content of the matter mailed is substantially identical. "Mass mailing" does not
4include a mailing made in direct response to communications from persons to whom
5the matter is mailed, a mailing to a federal, state or local government official or a
6news release to communications media.
SB181-SSA1,7,9
7(12) "Noncomplying candidate" means a candidate for the office of justice who
8does not apply for a public financing benefit or who otherwise is ineligible or fails to
9qualify for a public financing benefit under ss. 11.502 to 11.522.
SB181-SSA1,7,11
10(13) "Personal funds" means funds contributed by a candidate or a member of
11a candidate's immediate family.
SB181-SSA1,7,15
12(14) "Primary election campaign period" means the period beginning 30 days
13after the last day prescribed by law for filing nomination papers for that office and
14ending on the day of the spring primary election for that office or the day on which
15the primary election would be held, if required.