Amendment SSA2-SB190

SB190-SSA2, s. 15 Section 15. 11.05 (9) (b) of the statutes is repealed.

SB190-SSA2, s. 16 Section 16. 11.05 (14) of the statutes is created to read:

SB190-SSA2,7,12 11.05 (14) Presumption concerning certain communications. Whenever any person publishes, disseminates or broadcasts, or causes to be published, disseminated or broadcast, any communication that includes a reference to a clearly identified candidate for an office to be filled at a general, spring or special election, during the 60-day period preceding that election or during the 30-day period preceding any primary for that election, and the communication is substantially directed toward the electorate at that election, it is presumed that the communication is made for the purpose of influencing the election or nomination for election of that candidate, unless the person making the communication or causing the communication to be made establishes, by a preponderance of the evidence, that the communication was not made for that purpose.

SB190-SSA2, s. 17 Section 17. 11.06 (1) (intro.) of the statutes is amended to read:

SB190-SSA2,7,20 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) and (3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

SB190-SSA2, s. 18 Section 18. 11.06 (2) of the statutes is amended to read:

SB190-SSA2,8,7 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate or by a committee or group which is not primarily organized for political purposes, and the disbursement does not constitute a contribution to any candidate or other individual, committee or group, the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum or if the disbursement is made or the obligation is incurred for the purpose of making a communication specified in s. 11.05 (14). The exemption provided by this subsection shall in no case be construed to apply to a political party, legislative campaign, personal campaign or support committee.

SB190-SSA2, s. 19 Section 19. 11.06 (3) (b) of the statutes is repealed.

SB190-SSA2, s. 20 Section 20. 11.06 (7m) (a) of the statutes is amended to read:

SB190-SSA2,8,24 11.06 (7m) (a) If a committee which was registered under s. 11.05 as a political party committee or legislative campaign committee supporting candidates of a political party files an oath under sub. (7) affirming that it does not act in cooperation or consultation with any candidate who is nominated to appear on the party ballot of the party at a general or special election, that the committee does not act in concert with, or at the request or suggestion of, such a candidate, that the committee does not act in cooperation or consultation with such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, and that the committee does not act in concert with, or at the request or suggestion of, such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, the committee filing the oath may not make any contributions in support of any candidate of the party at the general or special election or in opposition to any such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as authorized in par. (c).

SB190-SSA2, s. 21 Section 21. 11.06 (7m) (c) of the statutes is amended to read:

SB190-SSA2,9,7 11.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change its status to a political party committee or legislative campaign committee may do so as of December 31 of any even-numbered year. Section 11.26 does not apply to contributions received by such a committee prior to the date of the change. Such a committee may change its status at other times only by filing a termination statement under s. 11.19 (1) and reregistering as a newly organized committee under s. 11.05.

SB190-SSA2, s. 22 Section 22. 11.06 (11) of the statutes is repealed.

SB190-SSA2, s. 23 Section 23. 11.09 (3) of the statutes is amended to read:

SB190-SSA2,9,20 11.09 (3) Each registrant whose filing officer is the board, who or which makes disbursements in connection with elections for offices which serve or referenda which affect only one county or portion thereof, except a candidate, personal campaign committee, political party committee or other committee making disbursements in support of or in opposition to a candidate for state senator, representative to the assembly, court of appeals judge or circuit judge, shall file a duplicate original of each financial report filed with the board with the county clerk or board of election commissioners of the county in which the elections in which the registrant participates are held. Such reports shall be filed no later than the applicable dates specified under s. 11.20 (2), (2e), (2m) and (4) for the filing of each report with the board.

SB190-SSA2, s. 24 Section 24. 11.12 (4) of the statutes is amended to read:

SB190-SSA2,9,24 11.12 (4) Each registrant shall report contributions, disbursements and incurred obligations in accordance with s. 11.20, and if the registrant files reports under s. 11.21 (16), in accordance with s. 11.21 (16). Except as permitted under s. 11.06 (2), (3) and (3m), each report shall contain the information which is required under s. 11.06 (1).

SB190-SSA2, s. 25 Section 25. 11.12 (5) of the statutes is amended to read:

SB190-SSA2,10,15 11.12 (5) If Except as otherwise required under sub. (7), if any contribution or contributions of $500 or more cumulatively are received by a candidate for state office or by a committee or individual from a single contributor later than 15 days prior to a primary or election such that it is not included in the preprimary or preelection report submitted under s. 11.20 (3), the treasurer of the committee or the individual receiving the contribution shall within 24 hours of receipt inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the treasurer's or individual's next regular report. For purposes of the reporting requirement under this subsection, only contributions received during the period beginning with the day after the last date covered on the preprimary or preelection report, and ending with the day before the primary or election need be reported.

SB190-SSA2, s. 26 Section 26. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended to read:

SB190-SSA2,11,10 11.12 (6) (a) If any disbursement of more than $20 cumulatively is made to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the individual or treasurer of the committee shall, within 24 hours of making the disbursement, inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the next regular report of the individual or committee under s. 11.20. For purposes of this subsection paragraph, disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election. Upon receipt of a report under this subsection paragraph, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a disbursement identified in the report is made. A committee that files a report pertaining to a disbursement under par. (c) is not required to file a report pertaining to the same disbursement under this paragraph.

SB190-SSA2, s. 27 Section 27. 11.12 (6) (c) and (d) of the statutes are created to read:

SB190-SSA2,11,24 11.12 (6) (c) 1. If any committee identified under s. 11.05 (3) (c) intends to make any disbursement or to incur any obligation to make a disbursement for the purpose of advocating the election or defeat of a clearly identified candidate for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f), or any such candidate who seeks a nomination for such an office at a primary election, without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or whose opponent is opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the committee shall, no later than 21 days prior to the activity intended to be funded by the disbursement or obligation, report to the board in such manner as the board may prescribe, the name of each candidate who is supported or whose opponent is opposed and the total amount of disbursements to be made and obligations to be incurred for such a purpose in support or opposition to that candidate.

SB190-SSA2,12,13 2. If any committee identified under s. 11.05 (3) (c) makes any disbursement or incurs any obligation to make a disbursement for the purpose of advocating the election or defeat of a clearly identified candidate for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f) at the general or a special election, or any such candidate who seeks a nomination for such an office at a primary election, without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or whose opponent is opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the committee shall, no later than 24 hours after making the disbursement or incurring the obligation, report to the board, in such manner as the board may prescribe, the name of each candidate who is supported or whose opponent is opposed and the total amount of disbursements made and obligations incurred for such a purpose in support of or opposition to that candidate.

SB190-SSA2,12,16 3. A committee which files a report under this paragraph concerning a proposed disbursement is not required to file a report pertaining to the same disbursement under par. (a).

SB190-SSA2,12,18 (d) All information reported by a registrant under this subsection shall also be included in the next regular report of the registrant under s. 11.20.

SB190-SSA2, s. 28 Section 28. 11.12 (7) of the statutes is created to read:

SB190-SSA2,13,2 11.12 (7) (a) If a candidate for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f) does not accept a grant under s. 11.50, that candidate or the candidate's personal campaign committee shall report to the board the information specified in s. 11.06 (1) pertaining to all contributions received from individuals no later than 24 hours after receipt of any contribution, in such manner as the board may prescribe, if the candidate or personal campaign committee receives, during the campaign of that candidate, as defined in s. 11.26 (17), total contributions that equal more than the following amount or value, as adjusted under par. (d):

SB190-SSA2,13,4 1. For candidates for the offices of governor and lieutenant governor jointly, $2,000,000 from all individuals.

SB190-SSA2,13,6 2. For a candidate for the office of attorney general, $600,000 from all individuals.

SB190-SSA2,13,7 3. For a candidate for the office of justice, $300,000 from all individuals.

SB190-SSA2,13,9 4. For a candidate for the office of secretary of state, state treasurer or state superintendent, $200,000 from all individuals.

SB190-SSA2,13,10 5. For a candidate for the office of state senator, $70,000 from all individuals.

SB190-SSA2,13,12 6. For a candidate for the office of representative to the assembly, $35,000 from all individuals.

SB190-SSA2,13,17 (am) If a candidate for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f) does not accept a grant under s. 11.50, that candidate or the candidate's personal campaign committee shall report to the board the information specified in s. 11.06 (1) pertaining to all contributions received from committees no later than 24 hours after receipt of any contribution, in such manner as the board may prescribe.

SB190-SSA2,13,21 (b) The first report filed by a candidate or personal campaign committee under pars. (a) and (am) during any campaign shall include the information required under pars. (a) and (am) for all contributions received since the closing date for the preceding report filed by that candidate or committee as provided in s. 11.20 (8).

SB190-SSA2,13,24 (d) 1. In this paragraph, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor.

SB190-SSA2,14,15 2. The dollar amounts of the total contributions under par. (a) shall be subject to a biennial adjustment to be determined by rule of the board in accordance with this subdivision. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for the base period, calendar year 2001. For each biennium, the board shall multiply the amount of each contribution amount under par. (a) by the percentage difference in the consumer price indices. The board shall adjust each amount to substitute that result for the existing amount to the extent required to reflect any difference, rounded to the nearest multiple of $25. The amount so determined shall then be in effect until a subsequent rule is promulgated under this subdivision. Notwithstanding s. 227.24 (1) (a), (2) (b) and (3), determinations under this subdivision may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety or welfare and without a finding of emergency.

SB190-SSA2, s. 29 Section 29. 11.12 (8) of the statutes is created to read:

SB190-SSA2,15,5 11.12 (8) (a) If a candidate for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f) who does not accept a grant under s. 11.50 intends to make any disbursement or to incur an obligation to make any disbursement after that candidate has made disbursements during his or her campaign, as defined in s. 11.31 (7), exceeding the amount specified in s. 11.31 (1) (a) to (d), (e) or (f), as adjusted under s. 11.31 (9), for the office which the candidate seeks, that candidate or the candidate's personal campaign committee shall, no later than 21 days prior to the activity intended to be funded by the disbursement or obligation, report to the board the information required under s. 11.06 (1) in such manner as the board may prescribe. The report shall include the same information concerning each proposed disbursement or obligation that is required to be reported for a disbursement that has been made or an obligation that has been incurred. The information required under s. 11.06 (1) shall also be included in the next regular report of the candidate or committee under s. 11.20.

SB190-SSA2,15,16 (b) If a candidate for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f) who does not accept a grant under s. 11.50 makes any disbursement or incurs any obligation to make a disbursement after that candidate has made disbursements during his or her campaign, as defined in s. 11.31 (7), exceeding the amount specified in s. 11.31 (1) (a) to (d), (e) or (f), as adjusted under s. 11.31 (9), for the office which the candidate seeks, that candidate or the candidate's personal campaign committee shall, no later than 24 hours after making the disbursement or incurring the obligation, report to the board the information required under s. 11.06 (1) in such manner as the board may prescribe. The information required under s. 11.06 (1) shall also be included in the next regular report of the candidate or committee under s. 11.20.

SB190-SSA2, s. 30 Section 30. 11.16 (5) of the statutes is amended to read:

SB190-SSA2,16,7 11.16 (5) Escrow agreements. Any personal campaign committee, or political party committee or legislative campaign committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under s. 11.14 (1) that is identified in the agreement. For purposes of s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).

SB190-SSA2, s. 31 Section 31. 11.20 (2e) of the statutes is created to read:

SB190-SSA2,16,12 11.20 (2e) Postelection reports under s. 11.06 (1) with respect to an election for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f) shall be received by the board no earlier than 4 days after and no later than 10 days after each general election at which that office is filled.

SB190-SSA2, s. 32 Section 32. 11.20 (2m) of the statutes is amended to read:

SB190-SSA2,16,20 11.20 (2m) Election Postelection reports under s. 11.12 with respect to a special election for an office specified in s. 11.31 (1) (a) to (d), (e) or (f) shall be received by the board no earlier than 4 days and no later than 10 days after that election. Postelection reports under s. 11.12 with respect to any other special election shall be received by the appropriate filing officer no earlier than 23 days and no later than 30 days after each that special election, unless a continuing report is required to be filed under sub. (4) on or before the 30th day after the special election.

SB190-SSA2, s. 33 Section 33. 11.20 (3) (d) of the statutes is amended to read:

SB190-SSA2,17,7 11.20 (3) (d) A registered committee or individual other than a candidate or personal campaign committee making or accepting contributions, making disbursements or incurring obligations in support of or in opposition to one or more candidates for office at an election, or supporting or opposing other committees or individuals who are engaging in such activities, shall file a preelection report. A registered committee or individual other than a candidate or personal campaign committee making or accepting contributions, making disbursements or incurring obligations in support of or in opposition to one or more candidates for an office specified in s. 11.31 (1) (a) to (d), (e) or (f) at the general election or a special election, or supporting or opposing other committees or individuals who are engaging in such activities, shall file a postelection report.

SB190-SSA2, s. 34 Section 34. 11.20 (3) (g) of the statutes is amended to read:

SB190-SSA2,17,14 11.20 (3) (g) A contribution, disbursement or obligation in support of or in opposition to a candidate at an election which is made, accepted or incurred during the period covered by the preelection report, or by a postelection report following the general election or a special election, is considered to be made, accepted or incurred in support of or in opposition to that candidate at the election, regardless of whether the candidate is opposed at the election.

SB190-SSA2, s. 35 Section 35. 11.20 (8) (intro.) of the statutes is amended to read:

SB190-SSA2,17,17 11.20 (8) (intro.) Reports filed under subs. (2), (2e), (2m), (4) and (4m) shall include all contributions received and transactions made as of the end of:

SB190-SSA2, s. 36 Section 36. 11.20 (8) (am) of the statutes is created to read:

SB190-SSA2,17,20 11.20 (8) (am) The 3rd day after the election in the case of the postelection report that follows an election for an office specified in s. 11.31 (1) (a) to (d), (e) or (f).

SB190-SSA2, s. 37 Section 37. 11.20 (8) (an) of the statutes is created to read:

SB190-SSA2,17,24 11.20 (8) (an) The 22nd day after the election in the case of a postelection report that follows a special election for an office other than an office specified in s. 11.31 (1) (a) to (d), (e) or (f).

SB190-SSA2, s. 38 Section 38. 11.20 (12) of the statutes is amended to read:

SB190-SSA2,18,5 11.20 (12) If a candidate is unopposed in a primary or election, the obligation to file the reports required by this chapter does not cease. Except as provided in ss. 11.05 (2r) and 11.19 (2), a registrant who makes or receives no contributions, makes no disbursements or incurs no obligations shall so report on the applicable dates designated in subs. (2), (2e), (2m) and (4).

SB190-SSA2, s. 39 Section 39. 11.21 (15) of the statutes is amended to read:

SB190-SSA2,18,12 11.21 (15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin election campaign clean government fund of the dollar amount of the applicable disbursement limitation under s. 11.31 (1), adjusted as provided in s. 11.31 (9), which applies to the office for which such person is a candidate. Failure to receive the notice required by this subsection does not constitute a defense to a violation of s. 11.27 (1) or 11.31.

SB190-SSA2, s. 40 Section 40. 11.24 (1m) of the statutes is repealed.

SB190-SSA2, s. 41 Section 41. 11.24 (1s) of the statutes is created to read:

SB190-SSA2,18,20 11.24 (1s) No candidate for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f) or personal campaign committee of such a candidate at any election other than a primary election may receive and accept any contribution from a committee identified as a special interest committee under s. 11.05 (3) (c) during the period beginning on the 30th day preceding that election and ending on the date of that election.

SB190-SSA2, s. 42 Section 42. 11.24 (1t) of the statutes is created to read:

SB190-SSA2,19,2 11.24 (1t) No candidate for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f) or personal campaign committee of such a candidate at any election other than a primary election may receive and accept any contribution during the period beginning on the 10th day preceding that election and ending on the date of that election.

SB190-SSA2, s. 43 Section 43. 11.24 (1w) of the statutes is created to read:

SB190-SSA2,19,7 11.24 (1w) (a) No candidate or personal campaign committee of a candidate who accepts a grant under s. 11.50 may accept any contribution from a political party committee or committee identified under s. 11.05 (3) (c) as a special interest committee.

SB190-SSA2,19,11 (b) No political party committee or committee identified under s. 11.05 (3) (c) as a special interest committee may intentionally make any contribution to a candidate or personal campaign committee of a candidate who has qualified to receive a grant under s. 11.50.

SB190-SSA2, s. 44 Section 44. 11.26 (1) (intro.) of the statutes is amended to read:

SB190-SSA2,19,17 11.26 (1) (intro.) No Except as authorized in sub. (10), no individual may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

SB190-SSA2, s. 45 Section 45. 11.26 (1) (a) of the statutes is amended to read:

SB190-SSA2,19,20 11.26 (1) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, $10,000 $1,000.

SB190-SSA2, s. 46 Section 46. 11.26 (1) (b) of the statutes is amended to read:

SB190-SSA2,19,22 11.26 (1) (b) Candidates for state senator, $1,000 $500.

SB190-SSA2, s. 47 Section 47. 11.26 (1) (c) of the statutes is amended to read:

SB190-SSA2,19,24 11.26 (1) (c) Candidates for representative to the assembly, $500 $250.

SB190-SSA2, s. 48 Section 48. 11.26 (1m) of the statutes is created to read:

SB190-SSA2,20,6 11.26 (1m) No individual who is a candidate for state office and who files a sworn statement and application to receive a grant from the clean government fund may receive and accept from individuals more than the amount or value of contributions provided in this subsection for the office for which he or she is a candidate during any campaign, including contributions from the individual to his or her own campaign:

SB190-SSA2,20,8 (a) For candidates for the offices of governor and lieutenant governor jointly, $800,000.

SB190-SSA2,20,9 (b) For a candidate for the office of attorney general, $250,000.

SB190-SSA2,20,10 (c) For a candidate for the office of justice, $75,000.

SB190-SSA2,20,12 (d) For a candidate for the office of secretary of state, state treasurer or state superintendent, $85,000.

SB190-SSA2,20,13 (e) For a candidate for the office of state senator, $30,000.

SB190-SSA2,20,14 (f) For a candidate for the office of representative to the assembly, $15,000.

SB190-SSA2, s. 49 Section 49. 11.26 (2) (intro.) of the statutes is amended to read:

SB190-SSA2,20,21 11.26 (2) (intro.) No committee other than a political party committee or legislative campaign committee may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

SB190-SSA2, s. 50 Section 50. 11.26 (2) (a) of the statutes is amended to read:

SB190-SSA2,21,2 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, 4% of the value of the disbursement level specified in the schedule under s. 11.31 (1), as adjusted under s. 11.31 (9).