AB256: Bill Text

Penalties for violations

Currently, any person who violates any provision of the campaign finance law, except a contribution prohibition, is subject to a forfeiture (civil penalty) of not more than $500 for each violation. This bill increases this amount to $1,500. In addition, currently, any person who is delinquent in filing a report is subject to a forfeiture of not more than $50 or 1% of the annual salary of the office for which a candidate is being supported or opposed, whichever is greater, for each day of delinquency. This bill increases these amounts to a maximum of $150 or 3% of the annual salary, whichever is greater. Currently, any person who makes an unlawful contribution is subject to a forfeiture of treble the amount of the unlawful contribution. This bill increases this amount to nine times the amount of the unlawful contribution.

Currently, whoever intentionally violates certain provisions of the campaign finance law, such as registration requirements, contribution limitations, the prohibition against making contributions in the name of another person, the prohibition against using contributions for most nonpolitical purposes and the prohibition against filing false reports and statements may be fined not more than $1,000 or imprisoned for not more than six months, or both, if the violation does not exceed $100 in amount or value, and may be fined not more than $10,000 or imprisoned for not more than three years, or both, if the violation exceeds $100 in amount or value. This bill increases these amounts to a maximum fine of $3,000 or imprisonment for not more than one year, or both, if the violation does not exceed $100 in amount or value, and a maximum fine of $30,000 or imprisonment for not more than nine years, or both, if the violation exceeds $100 in amount or value.

Public funding of campaigns for county and 1st class city offices

The bill permits counties and 1st class cities to provide by ordinance for appropriations to pay for lawful campaign expenses of candidates for county and city offices, subject to reasonable qualifications and agreements by candidates to adhere to disbursement and self-contribution limitations. Under the bill, any such ordinance may prescribe civil penalties for violations of the ordinance or an agreement entered into under the ordinance not exceeding the amount that would apply to a violation of the state campaign finance law. The bill also directs the elections board to review the operation of any such ordinance and provide its recommendations, if any, concerning extension of a similar system of public funding to other campaigns for local elective offices in this state to the appropriate legislative standing committees.

Currently, counties have no such authority. Cities may have such authority under constitutional home rule powers if an enactment of this nature is considered to be a "local affair".

Composition of the elections board

Currently, the elections board consists of eight members appointed by the governor for two-year terms without senate confirmation. One member is selected by the governor and one member each is designated by the chief justice of the supreme court, the speaker of the assembly, the senate majority leader, the minority leader in each house of the legislature, and the chief officer of each political party qualifying for a separate ballot or column on the ballot whose candidate for governor received at least 10% of the vote in the most recent gubernatorial election.

The bill recreates the board to consist of eight members appointed by the governor for staggered four-year terms. One member is selected by the governor and one member each is designated by the speaker of the assembly, the senate majority leader and the minority leader in each house of the legislature. Three additional nonpartisan members are appointed by the governor, subject to senate confirmation. Under the bill, no nonpartisan member may hold any other office or employment in the government of this state or any political subdivision thereof or in any department of state government. In addition, no nonpartisan member, for one year immediately prior to the date of appointment, may have been, or while serving on the board may become, a member of a political party, an officer or member of a committee in any partisan political club or organization or a candidate for any partisan elective public office. Under the bill, the members of the current board serve until all of the members of the board who are appointed under the bill qualify for office, at which time the current members are replaced.

Determinations concerning application of election laws

Currently, any interested person may request a written opinion from the elections board concerning the person's authority or responsibilities under the election laws. The board may provide the opinion. No person acting in good faith upon such an opinion is subject to prosecution for so acting, if the material facts are as stated in the opinion request. Also, currently, any interested person may petition the elections board under the state administrative procedure act for a "declaratory ruling" concerning the applicability to any person, property or facts of any election law or rule of the board. The board may issue the ruling, and is thereafter bound by its decision if the facts are as stated in the petition. The declaratory ruling may be reviewed in court. In addition, currently, any elector of a jurisdiction may contest before the elections board the decision of any election official of that jurisdiction with respect to certain specified matters or the board may, on its own motion, investigate and determine whether an election official is acting in conformity with the law concerning one of those specified matters. The decision of the board may be reviewed in court.

This bill establishes, in addition to these procedures, a new procedure whereby any person may file a petition requesting a ruling concerning the application of the election laws or rules of the elections board to a particular person or set of facts described in the petition. The bill directs the board to employ an election examiner to rule upon the petition. If the petition concerns a question as to whether an election official or a private person is acting in conformity with the law or rules of the board, that official or private person must be made a party to the proceeding. The election examiner must issue a decision, unless the examiner decides, upon motion of an opposing party, that the petition is clearly without merit. The election examiner may order an election official or private person to act in conformity with the election laws or rules of the board, but may not impose a penalty for an alleged violation. The decision of the election examiner may be appealed to the board. In deciding the appeal, the board is not bound by any findings of fact or conclusions of law made by the examiner with respect to the matter. The procedure does not apply to any matter in which the action or inaction of the board or its executive director is contested, nor to any matter arising in connection with a recount. The bill directs the elections board to periodically examine and review decisions issued under the procedure with a view to clarifying and improving the administration of the election laws.

Biennial review of campaign finance practices

The bill directs the elections board to conduct a biennial review of campaign finance practices in this state. The review must include an assessment of the continued appropriateness of the contribution limitations prescribed by law and any other important problems that require the attention of the legislature, as well as an assessment of whether a bipartisan committee should be created to provide for additional study of issues and recommendations for possible additional legislative changes. If the board concludes that any contribution limitations should be increased or that any other action should be taken as a result of its review, the board is directed to transmit its conclusions and recommendations to the appropriate standing committees of the legislature, together with any information supporting the board's conclusions.

Study of campaign finance law enforcement

The bill requests the joint legislative council to review the process for detecting and penalizing violations of the state campaign finance law, with a view to detecting violations quickly and punishing violators firmly, and to report its findings, conclusions and recommendations, together with any proposed legislation, to the 2001 legislature when it convenes.

Future study of campaign finance reform

Currently, the governor may create nonstatutory committees to provide advice concerning policy formation. The bill directs the governor, in cooperation with the legislature, to exercise this existing authority to create a committee to study campaign finance reform whenever changing electoral dynamics and campaign finance technology demand such action. The bill further directs the joint committee on legislative organization, in cooperation with the governor, to propose the creation of such a committee whenever those conditions arise.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

AB256, s. 1 Section 1. 5.02 (13) of the statutes is amended to read:

AB256,13,4 5.02 (13) "Political party" or "party" means a state committee registered under s. 11.05 and organized exclusively for political purposes under whose name candidates appear on a ballot at any election, and all county, congressional, legislative, local and other affiliated committees authorized to operate under the same name. For purposes of ch. 11, the term does not include a legislative campaign committee or a committee filing an oath under s. 11.06 (7).

AB256, s. 2 Section 2. 5.05 (10) of the statutes is created to read:

AB256,13,7 5.05 (10) Election examiner. The board shall employ an election examiner to conduct hearings and issue decisions under s. 5.065.

AB256, s. 3 Section 3. 5.065 of the statutes is created to read:

AB256,13,11 5.065 Determinations concerning application of election laws. (1) In this section, "election official" includes the board and any board of election commissioners under s. 7.20.

AB256,13,18 (2) Any person may file a petition with the board requesting that the election examiner issue a decision concerning the application of the election laws or rules of the board to a particular person or particular set of facts described in the petition. The election examiner shall issue a decision based upon any facts described without regard to the correctness of those facts. A decision of the election examiner applies only with respect to the material facts described in the petition requesting the decision.

AB256,13,25 (3) If the petition concerns a question as to whether an election official or a private person is acting in conformity with the law or rules of the board, the matter shall be treated as a contested case, the petitioner shall serve a copy of the petition upon that official or private person and that official or private person shall be a party to the case. An election official or private person may move to dismiss the petition if it is clearly without merit. If the election examiner finds, in response to a motion, that a petition is clearly without merit, the examiner shall dismiss the petition.

AB256,14,4 (4) In every contested case, the election examiner shall make findings of fact and conclusions of law. The election examiner may order an election official or a private person to act in conformity with the election laws or rules of the board, but may not impose a penalty for an alleged violation.

AB256,14,8 (5) The petitioner or any election official or private person who is a party to a contested case under this section may appeal the decision of the election examiner to the board, which may review the decision without regard to any findings of fact or conclusions of law made by the election examiner.

AB256,14,11 (6) A person who is not a party to a case under this section is not bound by any decision in that case. The decision of the election examiner in any contested case arising under this section is subject to review as provided in s. 227.57.

AB256,14,13 (7) (a) This section does not apply to any matter in which the action or inaction of the board or its executive director is contested.

AB256,14,15 (b) This section does not apply to any matter arising in connection with a recount under s. 9.01.

AB256,14,18 (8) The board shall periodically examine and review decisions of the election examiner under this section with a view to clarifying and improving the administration of the election laws of this state.

AB256, s. 4 Section 4. 7.08 (2) (c) of the statutes is amended to read:

AB256,15,2 7.08 (2) (c) As soon as possible after the canvass of the spring and September primary votes, but no later than the first Tuesday in March and the 4th Tuesday in September, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and whom the board determines to be eligible to receive payments from the Wisconsin clean election campaign system fund. The list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and the party or principle which he or she represents, if any.

AB256, s. 5 Section 5. 7.08 (2) (cm) of the statutes is amended to read:

AB256,15,14 7.08 (2) (cm) As soon as possible after the canvass of a special primary, or the date that the primary would be held, if required, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and whom the board determines to be eligible to receive a grant from the Wisconsin clean election campaign system fund prior to the election. The board shall also transmit a similar list of candidates, if any, who have filed applications under s. 11.50 (2) and whom the board determines to be eligible to receive a grant under s. 11.50 (1) (a) 2. after the special election. The list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and the party or principle which he or she represents, if any.

AB256, s. 6 Section 6. 8.35 (4) (b) and (c) of the statutes are amended to read:

AB256,15,24 8.35 (4) (b) Notwithstanding par. (a), if the former candidate received a grant from the Wisconsin clean election system fund, any unspent and unencumbered moneys received by a in the campaign depository account of that candidate from the Wisconsin election campaign fund, up to the amount of the grant received, shall be immediately transferred to any candidate who is appointed to replace such candidate, upon filing of a proper and approval of an application therefor for a grant by the replacement candidate under s. 11.50 (2). If there is no candidate appointed or if no proper application is filed and approved 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).

AB256,16,10 (c) The transfer under par. (b) shall be made and reported to the appropriate filing officer in a special report submitted by the former candidate's campaign treasurer. If the former candidate is deceased and was serving as his or her own campaign treasurer, the former candidate's petitioner or personal representative shall file the report and make the transfer required by par. (b), if any and file the report. The report shall be made at the appropriate interval under s. 11.20 (2) or (4) and shall include a complete statement of all contributions, disbursements and incurred obligations pursuant to s. 11.06 (1) covering the period from the day after the last date covered on the former candidate's most recent report to the date of disposition.

AB256, s. 7 Section 7. 10.02 (3) (b) 2m. of the statutes is amended to read:

AB256,16,21 10.02 (3) (b) 2m. At the September primary, the elector shall select the party ballot of his or her choice or the ballot containing the names of the independent candidates for state office, and make a cross (8) in the square at the right of or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote or insert or write in the name of the elector's choice for a party candidate, if any. In order to qualify for participation in the Wisconsin clean election campaign system fund, a candidate for state office at the September primary, other than a candidate for district attorney, must receive at least 6% of all votes cast on all ballots for the office for which he or she is a candidate, in addition to other requirements.

AB256, s. 8 Section 8. 11.01 (12s) of the statutes is repealed.

AB256, s. 9 Section 9. 11.05 (2r) of the statutes is amended to read:

AB256,17,20 11.05 (2r) General reporting exemptions. Any person, committee or group, other than a candidate for a statewide or legislative office or the personal campaign committee of such a candidate or a committee or individual required to file an oath under s. 11.06 (7), who or which does not anticipate accepting contributions, making disbursements or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in that year may indicate on its registration statement that the person, committee or group will not accept contributions, incur obligations or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in such year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source, other than contributions made by a candidate to his or her own campaign, during that year, whichever is earlier. If the revocation is not timely, the registrant violates s. 11.27 (1).

AB256, s. 10 Section 10. 11.05 (3) (c) of the statutes is amended to read:

AB256,17,25 11.05 (3) (c) In the case of a committee, a statement as to whether the committee is a personal campaign committee, a political party committee, a legislative campaign committee, a support committee or a special interest committee.

AB256, s. 11 Section 11. 11.05 (3) (o) of the statutes is repealed.

AB256, s. 12 Section 12. 11.05 (9) (b) of the statutes is amended to read:

AB256,18,8 11.05 (9) (b) An individual who or a committee or group which receives a contribution of money and transfers the contribution to another individual, committee or group while acting as a conduit is not subject to registration under this section unless the individual, committee or group transfers the contribution to a candidate or a personal campaign, legislative campaign, political party or support committee.

AB256, s. 13 Section 13. 11.06 (1) (intro.) of the statutes is amended to read:

AB256,18,16 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), and (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:

AB256, s. 14 Section 14. 11.06 (1) (a) of the statutes is amended to read:

AB256,18,23 11.06 (1) (a) An itemized statement giving the date, full name and street address of each contributor who has made a contribution in excess of $20, or whose contribution if $20 or less aggregates more than $20 for the calendar year, together with the amount of the contribution and, the cumulative total contributions made by that contributor for the calendar year and any allocation of all or part of that contribution which is required to be made under s. 11.26 (17) (a).

AB256, s. 15 Section 15. 11.06 (2) of the statutes is amended to read:

AB256,19,9 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. 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.

AB256, s. 16 Section 16. 11.06 (3m) of the statutes is repealed.

AB256, s. 17 Section 17. 11.06 (3r) of the statutes is repealed.

AB256, s. 18 Section 18. 11.06 (3w) of the statutes is repealed.

AB256, s. 19 Section 19. 11.06 (4) (b) of the statutes is amended to read:

AB256,19,24 11.06 (4) (b) Unless The recipient of any contribution other than a conduit shall report the contribution as received and accepted on the date received, unless it is returned or donated within 15 days of receipt, a contribution must be reported as received and accepted on the date received. A conduit who or which receives a contribution shall report the contribution as received and accepted no later than the date on which the conduit transfers the contribution to the recipient specified by the contributor under s. 11.16 (4) (a) unless the conduit returns the contribution to the contributor on or before that date. This subsection paragraph applies notwithstanding the fact that the contribution is not deposited in the a campaign depository account by the closing date for the reporting period as provided in s. 11.20 (8).

AB256, s. 20 Section 20. 11.06 (7m) (a) of the statutes is amended to read:

AB256,20,15 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).

AB256, s. 21 Section 21. 11.06 (7m) (c) of the statutes is amended to read:

AB256,20,23 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.

AB256, s. 22 Section 22. 11.06 (11) (a) of the statutes is amended to read:

AB256,21,7 11.06 (11) (a) A conduit transferring a contribution of money shall, in writing, identify itself to the transferee as a conduit and report to the transferee of each contribution transferred by it the information about the original contributor required for reporting purposes under sub. (1) (a) and (b) at the time the contribution is transferred. The conduit shall include the information in its any report filed by the conduit under s. 11.12 (5) or, 11.20 or 11.21 (16) for the date on which the contribution is received and transferred.

AB256, s. 23 Section 23. 11.065 of the statutes is created to read:

AB256,21,11 11.065 Registration and reports by certain individuals and organizations. (1) (a) "Mass mailing" means the distribution of 50 or more pieces of substantially identical material.

AB256,21,13 (b) "Organization" means any person, other than an individual, and any combination of 2 or more persons.

AB256,21,15 (c) "Telephone bank operator" means any person who places or directs the placement of telephone calls to individuals.

AB256,22,7 (2) Any individual who or organization which receives one or more donations and makes one or more expenditures from those donations or other income for the purpose of publishing, broadcasting or disseminating a communication which includes the name or likeness of a candidate for state or local office at a primary or other election within 30 days of that election by means of one or more communications media or a mass mailing or through a telephone bank operator, prior to receiving any donations or making expenditures, which, in the aggregate, exceed $1,000 within a calendar year in amount or value for that purpose, shall register with the filing officer of the candidate whose name or likeness is used. The registration shall include the name of each candidate whose name or likeness is included in any communication made by the individual or organization. If, after the date of registration, the individual or organization determines to make a communication which includes the name or likeness of a candidate for state or local office who is not identified in the registration, and the communication would require registration under this subsection, the individual or organization shall, before making the communication, report the name of that candidate to the appropriate filing officer.

AB256,22,9 (3) A registrant under sub. (2) shall file reports with each filing officer with whom the individual or organization is registered identifying all of the following:

AB256,22,14 (a) Each donation received from a single source exceeding $20 within a calendar year, together with the amount of the donation, the date that the donation was received and accepted, the name and address of the donor and, if the amount of the donation exceeds $100 cumulatively within a calendar year, the occupation and principal place of employment of the donor.

AB256,22,18 (b) Each expenditure exceeding $20 made, together with the amount of the expenditure, the date that the expenditure was made, the name of the person to whom the expenditure was made and the specific purpose for which the expenditure was made.

AB256,22,20 (c) The total donations and other income received and accepted and total expenditures made cumulatively for the calendar year.

AB256,23,4 (4) (a) If an individual or organization under sub. (2) receives income or makes expenditures exceeding $20,000 in amount or value within a campaign period, as defined in s. 11.21 (16), for a purpose specified in sub. (2) with respect to one or more candidates for state office, the individual or organization shall file reports with the board under s. 11.21 (16) which include the information required under sub. (3) relating to that income or those expenditures at the times specified in s. 11.20 (2), (2m) and (4). In addition, the individual or organization shall file reports recorded on a medium specified by the board. The reports shall be signed by an authorized individual and filed at the times specified in s. 11.20 (2), (2m) and (4).

AB256,23,13 (b) If an individual or organization under sub. (2) receives income or makes expenditures with respect to one or more candidates for state office not exceeding $20,000 in amount or value within a calendar year, or if an individual or organization under sub. (2) receives income or makes expenditures with respect to one or more candidates for local office, for a purpose specified in sub. (2), the individual or organization shall report to the appropriate filing officer the information required under sub. (3) in the form prescribed by the board at the times specified in s. 11.20 (2), (2m) and (4) for filing of reports by each candidate who is identified in a communication made by the individual or organization.

AB256,23,16 (c) Each report filed under this section shall include all income received and accepted and all expenditures made as of the applicable dates specified in s. 11.20 (8).

AB256,23,23 (5) An individual who or organization which determines that it will no longer accept donations or make expenditures for a purpose specified in sub. (2) may file a notice of termination of its registration with any filing officer with whom the individual or organization is registered. An individual who or organization which files a notice of termination under this subsection is not subject to the filing requirement under sub. (3) until such time as the individual or organization again accepts a donation or makes an expenditure for a purpose specified in sub. (2).