AB256: Bill Text

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).

AB256, s. 24 Section 24. 11.09 (3) of the statutes is amended to read:

AB256,24,12 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 dates specified under s. 11.20 (2) and (4) for the filing of each report with the board. This subsection does not apply to a registrant who or which files reports under s. 11.21 (16).

AB256, s. 25 Section 25. 11.12 (3) of the statutes is amended to read:

AB256,24,21 11.12 (3) All contributions, disbursements and incurred obligations exceeding $10 shall be recorded by the campaign or committee treasurer or the individual under s. 11.06 (7). He or she shall maintain such records in an organized and legible manner, for not less than 3 years after the date of an election in which the registrant participates. If a report is submitted under s. 11.19 (1), the records may be transferred to a continuing committee or to the appropriate filing officer for retention. Records shall include the information required under s. ss. 11.06 (1) and 11.16 (2s) (a).

AB256, s. 26 Section 26. 11.12 (4) of the statutes is amended to read:

AB256,25,2 11.12 (4) Each registrant shall report contributions, disbursements and incurred obligations in accordance with s. 11.20. Except as permitted under s. 11.06 (2), and (3) and (3m), each report shall contain the information which is required under s. 11.06 (1).

AB256, s. 27 Section 27. 11.14 (1) of the statutes is amended to read:

AB256,25,19 11.14 (1) Except as authorized in sub. (3) and as required by s. 11.16 (5), all funds moneys received by a campaign or committee treasurer, group treasurer, candidate or other individual shall be deposited in a single separate campaign depository account designated in accordance with s. 11.16 (3). Except as authorized in sub. (3), the depository account shall be established by every candidate no later than the time prescribed in s. 11.10 (1), and by every other individual or treasurer no later than the 5th business day after becoming subject to a registration requirement under s. 11.05 and before making any disbursement. The depository account may be established with any financial institution as defined in s. 705.01 (3) which is authorized to transact business in this state. The individual or treasurer of each registrant other than a conduit shall deposit all funds moneys received in the campaign depository account of the registrant no later than the 5th business day commencing after receipt. A treasurer of a conduit shall deposit all moneys received in the campaign depository account of the conduit no later than the 5th day commencing after receipt. This subsection does not apply to a contributor committee or group which is exempt from registration under s. 11.05 (8).

AB256, s. 28 Section 28. 11.16 (2e), (2m) and (2s) of the statutes are created to read:

AB256,26,3 11.16 (2e) Form of certain negotiable instruments. (a) Each contribution made by negotiable instrument that is transferred from the contributor to the recipient by another person, together with one or more additional contributions made by means of negotiable instruments, shall have shown on the face of the instrument the date that the contribution is made, the amount of the contribution and the name of the intended recipient. The contributor of each such contribution shall personally enter the information required by this subsection at the time the contributor transfers the contribution to the other person.

AB256,26,7 (b) No person may enter or change the date that a contribution specified in par. (a) is made so as to indicate a date that the contribution is made other than the date that the contribution is transferred by the contributor to the transferee under par. (a).

AB256,26,11 (2m) Transfers of certain contributions by conduits. Each conduit who or which receives a contribution of money shall transfer the contribution to the recipient specified by the contributor within 5 days of the date on which the conduit receives the contribution from the contributor.

AB256,26,16 (2s) Conduit contribution procedure. (a) Each contributor who transfers a contribution of money to a conduit shall make a written direction to the conduit, on a form prescribed by the board, specifying clearly the name of the intended recipient, the amount of the contribution and the date on which the contribution is made. Each item of information on the form shall be entered by the contributor.

AB256,26,18 (b) No conduit may accept a contribution that is not accompanied by the information required under par. (a).

AB256,26,20 (c) A conduit receiving a form prescribed under par. (a) shall retain the form with its records under s. 11.12 (3).

AB256,26,23 (d) No person may enter or change a date that a contribution is made on a form prescribed under par. (a) so as to indicate a date that a contribution is made other than the actual date.

AB256, s. 29 Section 29. 11.16 (5) of the statutes is amended to read:

AB256,27,15 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).

AB256, s. 30 Section 30. 11.19 (2) of the statutes is amended to read:

AB256,28,3 11.19 (2) Notwithstanding sub. (1), any registrant other than a candidate for statewide or legislative office or a personal campaign committee of such a candidate who or which determines that obligations will no longer be incurred, contributions will no longer be made or received or disbursements made during a calendar year in an aggregate amount of more than $1,000 may file a suspension report with the appropriate filing officer. The report shall be filed and certified as were previous reports and shall contain the information required under s. 11.06 (1). Upon receipt of a properly executed report, the registrant shall be granted a suspension of the filing requirement under s. 11.20 (9) by the appropriate filing officer. Such suspension is effective only for the calendar year in which it is granted, unless the registrant alters its status before the end of such year or files a termination report under sub. (1).

AB256, s. 31 Section 31. 11.20 (1) of the statutes is amended to read:

AB256,28,14 11.20 (1) All reports required by s. 11.06 which relate to activities which promote or oppose candidates for state office or statewide referenda and all reports under s. 11.08 shall be filed with the board. All reports required by s. 11.06 which relate to activities which promote or oppose candidates for local office or local referenda shall be filed with the appropriate filing officer under s. 11.02, except reports filed under s. 11.08. Each registrant shall file the reports required by this section. If the registrant is subject to a requirement under s. 11.21 (16) to report electronically the same information that is reportable under this section, the registrant shall, in addition, file the reports required by this section recorded on a medium specified by the board.

AB256, s. 32 Section 32. 11.20 (7) of the statutes is amended to read:

AB256,28,17 11.20 (7) In the event that any report is required to be filed under this section chapter on a nonbusiness day, it may be filed on the next business day thereafter.

AB256, s. 33 Section 33. 11.21 (15) of the statutes is amended to read:

AB256,28,24 11.21 (15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin clean election campaign system 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.

AB256, s. 34 Section 34. 11.21 (17) of the statutes is created to read:

AB256,29,5 11.21 (17) No later than 24 hours after receiving any information electronically under sub. (16), or if the information is received on a Saturday, Sunday or holiday specified in s. 230.35 (4) (a), no later than 24 hours after the beginning of the first business day after receiving such information, post the information electronically for public inspection on the internet.

AB256, s. 35 Section 35. 11.21 (18) of the statutes is created to read:

AB256,29,18 11.21 (18) Conduct a biennial review of campaign finance practices in this state. The review shall include an assessment of the continued appropriateness of the contribution limitations prescribed in s. 11.26 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 of the contribution limitations prescribed in s. 11.26 should be increased or that any other action should be taken as a result of its review, the board shall transmit its conclusions and recommendations to the appropriate standing committees of each house of the legislature under s. 13.172 (3), together with information supporting the board's conclusions, no later than January 1 of each odd-numbered year.

AB256, s. 36 Section 36. 11.21 (19) of the statutes is created to read:

AB256,29,24 11.21 (19) Review the operation of any system adopted by a county or 1st class city to provide for public funding of campaigns for county or city offices and provide its recommendations, if any, for extension of a similar system for financing campaigns to other local offices to the appropriate standing committees of each house of the legislature under s. 13.172 (3).

AB256, s. 37 Section 37. 11.23 (4) of the statutes is amended to read:

AB256,30,7 11.23 (4) Each group or individual shall file periodic reports as provided in ss. 11.06, 11.19 and, 11.20 and 11.21 (16). Every individual acting for the purpose of influencing the outcome of a referendum shall be deemed his or her own treasurer. No disbursement may be made or obligation incurred by or on behalf of a group without the authorization of the treasurer or the treasurer's designated agents. No contribution may be accepted and no disbursement may be made or obligation incurred by any group at a time when there is a vacancy in the office of treasurer.

AB256, s. 38 Section 38. 11.24 (1s) of the statutes is created to read:

AB256,30,12 11.24 (1s) Except as authorized in ss. 11.16 (5) and 11.26 (7), no candidate, personal campaign committee, former candidate or former personal campaign committee may make a contribution to another candidate or personal campaign committee.

AB256, s. 39 Section 39. 11.24 (1t) of the statutes is created to read:

AB256,30,20 11.24 (1t) If a candidate dies or ceases to be a candidate, and the candidate's personal campaign committee thereafter files an oath under s. 11.06 (7) indicating its intent to operate as an independent committee, the committee may not make any contribution for the purpose of influencing the election of a candidate for national, state or local office in an election that is derived in whole or in part from contributions received by the committee prior to the date on which the committee files the oath under s. 11.06 (7).

AB256, s. 40 Section 40. 11.25 (2) (am) of the statutes is created to read:

AB256,31,3 11.25 (2) (am) No individual who is a candidate for any national, state or local office, personal campaign committee of such a candidate, former candidate or former personal campaign committee of a candidate or former candidate may make a disbursement for the purpose of influencing the election or nomination to election of that candidate or any other individual who is a candidate for any national, state or local office from money or property that was received by or on behalf of the candidate or former candidate when he or she was a candidate for another office.

AB256, s. 41 Section 41. 11.25 (2) (b) of the statutes is amended to read:

AB256,31,16 11.25 (2) (b) Notwithstanding par. (a), a registrant may accept contributions and make disbursements from a campaign depository account for the purpose of making expenditures in connection with a campaign for national office; for payment of civil penalties incurred by the registrant under this chapter; or for payment of the expenses of nonpartisan campaigns to increase voter registration or participation. Notwithstanding par. (a), a personal campaign committee or support committee may accept contributions and make disbursements from a campaign depository account for payment of inaugural expenses of an individual who is elected to state or local office. If such expenses are paid from contributions made to the campaign depository account, they are reportable under s. 11.06 (1) as disbursements. Otherwise, such expenses are not reportable under s. 11.06 (1). If contributions from the campaign depository account are used for such expenses, they are subject to s. 11.26.

AB256, s. 42 Section 42. 11.25 (4) of the statutes is created to read:

AB256,31,24 11.25 (4) If a candidate dies or ceases to be a candidate, and the candidate's personal campaign committee thereafter files an oath under s. 11.06 (7) indicating its intent to operate as an independent committee, the committee may not make any disbursement to advocate the election or defeat of a clearly identified candidate for national, state or local office in an election that is derived in whole or in part from contributions received by the committee prior to the date on which the committee files the oath under s. 11.06 (7).

AB256, s. 43 Section 43. 11.26 (1) (intro.) of the statutes is amended to read:

AB256,32,5 11.26 (1) (intro.) No Except as provided in sub. (9m), 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:

AB256, s. 44 Section 44. 11.26 (2) (intro.) of the statutes is amended to read:

AB256,32,12 11.26 (2) (intro.) No Except as provided in sub. (9m), 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:

AB256, s. 45 Section 45. 11.26 (2) (a) of the statutes is amended to read:

AB256,32,16 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) , $45,000.

AB256, s. 46 Section 46. 11.26 (2) (ae), (am) and (as) of the statutes are created to read:

AB256,32,18 11.26 (2) (ae) Candidates for lieutenant governor, $13,000.

AB256,32,19 (am) Candidates for attorney general, $22,000.

AB256,32,21 (as) Candidates for justice, secretary of state, state treasurer or state superintendent, $9,000.

AB256, s. 47 Section 47. 11.26 (2) (b) and (c) of the statutes are amended to read:

AB256,32,23 11.26 (2) (b) Candidates for state senator, $1,000 $2,000.

AB256,32,24 (c) Candidates for representative to the assembly, $500 $1,000.