AB256: Bill Text

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.

AB256, s. 48 Section 48. 11.26 (4) of the statutes is amended to read:

AB256,33,5 11.26 (4) No individual may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under s. 11.05, including legislative campaign committees and committees of a political party, to the extent of more than a total of $10,000 in any calendar year.

AB256, s. 49 Section 49. 11.26 (7) of the statutes is created to read:

AB256,33,11 11.26 (7) Except as authorized in s. 11.16 (5), no candidate or his or her personal campaign committee may make a contribution to another candidate or his or her personal campaign committee, except a contribution in an amount not exceeding $100 in amount or value that is utilized for the purpose of financing the actual costs of an event.

AB256, s. 50 Section 50. 11.26 (8) of the statutes is amended to read:

AB256,33,18 11.26 (8) (a) No political party as defined in s. 5.02 (13) may receive more than a total of $150,000 in value of its contributions in any biennium from all other committees, excluding contributions from legislative campaign committees and transfers between party committees of the party. In this paragraph, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of each even-numbered year.

AB256,33,21 (b) No such political party may receive more than a total of $6,000 in value of its contributions in any calendar year from any specific committee or its subunits or affiliates, excluding legislative campaign and political party committees.

AB256,33,24 (c) No committee, other than a political party or legislative campaign committee, may make any contribution or contributions, directly or indirectly, to a political party under s. 5.02 (13) in a calendar year exceeding a total value of $6,000.

AB256, s. 51 Section 51. 11.26 (8e) of the statutes is created to read:

AB256,34,4 11.26 (8e) No candidate or his or her personal campaign committee may make any contribution to a political party, as defined in s. 5.02 (13), except a contribution in an amount not exceeding $100 in amount or value that is utilized for the purpose of financing the actual costs of an event.

AB256, s. 52 Section 52. 11.26 (8m) of the statutes is created to read:

AB256,34,9 11.26 (8m) (a) No committee may make any contribution or contributions to any other committee except a political party, personal campaign or support committee in a total amount or value exceeding $100 during a biennium, as defined in sub. (8) (a).

AB256,34,12 (b) No conduit may transfer any contribution or contributions to any committee except a political party, personal campaign or support committee in a total amount or value exceeding $100 during a biennium, as defined in sub. (8) (a).

AB256, s. 53 Section 53. 11.26 (9) (a) and (b) of the statutes are amended to read:

AB256,34,19 11.26 (9) (a) No Except as authorized under sub. (9m), no individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level, as determined under s. 11.31 (1) and adjusted as provided in s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.

AB256,34,25 (b) No individual who is a candidate for state or local office may receive and accept more than 45% of the value of the total disbursement level, as determined under s. 11.31 (1) and adjusted as provided in s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.

AB256, s. 54 Section 54. 11.26 (9) (c) of the statutes is amended to read:

AB256,35,3 11.26 (9) (c) For purposes of pars. par. (a) and (b), a "committee" includes the Wisconsin clean election campaign system fund.

AB256, s. 55 Section 55. 11.26 (9m) of the statutes is created to read:

AB256,35,16 11.26 (9m) (a) If any individual or organization makes expenditures that are reportable under s. 11.065 which include the name or likeness of a candidate to whom s. 11.31 (2) applies, or an opponent of such a candidate, and the total expenditures for that purpose by all such individuals and organizations aggregate more than 5% of the limitation prescribed under s. 11.31 (2), as adjusted under s. 11.31 (9), applicable to that candidate during any campaign, as defined in s. 11.31 (7), on or before the date of the primary election, or the date on which the primary election would be held, if required, the limitations prescribed in subs. (1) and (2) applicable to contributions made to that candidate in that campaign are 200% of the amounts specified in subs. (1) and (2) and the limitation prescribed under sub. (9) (a) does not apply to that candidate or to any opponent of that candidate after the date on which those total expenditures exceed that amount.

AB256,36,3 (b) If any individual or organization makes expenditures that are reportable under s. 11.065 which include the name or likeness of a candidate to whom s. 11.31 (2) applies, or an opponent of such a candidate, and the total expenditures for that purpose by all such individuals and organizations aggregate more than 5% of the limitation prescribed under s. 11.31 (2), as adjusted under s. 11.31 (9), applicable to that candidate during any campaign, as defined in s. 11.31 (7), after the date of the primary election, or the date on which the primary election would be held, if required, and on or before the date of the election, the limitations prescribed in subs. (1) and (2) applicable to contributions made to that candidate in that campaign are 200% of the amounts specified in subs. (1) and (2) and the limitation prescribed under sub. (9) (a) does not apply to that candidate or to any opponent of that candidate after the date on which those total expenditures exceed that amount.

AB256, s. 56 Section 56. 11.26 (10) of the statutes is amended to read:

AB256,36,21 11.26 (10) No candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin clean election campaign system fund may make contributions of more than 200% of the amounts specified in sub. (1) to the candidate's own campaign from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or sub. (10m) or s. 11.50 (2) (i) applies. For purposes of this subsection, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.

AB256, s. 57 Section 57. 11.26 (10m) of the statutes is created to read:

AB256,37,6 11.26 (10m) (a) If any individual or organization makes expenditures that are reportable under s. 11.065 which include the name or likeness of a candidate to whom s. 11.31 (2) applies, or an opponent of such a candidate, and the total expenditures for that purpose by all such individuals and organizations in the aggregate exceed an amount equal to 5% of the limitation prescribed under s. 11.31 (2), as adjusted under s. 11.31 (9), applicable to that candidate during any campaign on or before the date of the primary election, or the date on which the primary election would be held, if required, the limitation prescribed under sub. (10) does not apply to that candidate after the date on which those total expenditures exceed that amount.

AB256,37,16 (b) If any individual or organization makes expenditures that are reportable under s. 11.065 which include the name or likeness of a candidate to whom s. 11.31 (2) applies, or an opponent of such a candidate, and the total expenditures for that purpose by all such individuals and organizations in the aggregate exceed an amount equal to 5% of the limitation prescribed under s. 11.31 (2), as adjusted under s. 11.31 (9), applicable to that candidate during any campaign after the date of the primary election, or the date on which the primary election would be held, if required, and on or before the date of the election, the limitation prescribed under sub. (10) does not apply to that candidate after the date on which those total expenditures exceed that amount.

AB256, s. 58 Section 58. 11.26 (17) (g) of the statutes is created to read:

AB256,38,6 11.26 (17) (g) Notwithstanding pars. (b) to (e), if at the time that the campaign of a candidate ends under this subsection, the candidate has unencumbered moneys in his or her campaign depository account, and the candidate thereafter becomes a candidate at a future election, the unencumbered moneys, less any earnings received by the candidate on those moneys, are allocated to the contribution limitations applicable to contributors to the candidate's campaign in the future election under subs. (1), (2), (9) and (10), with the contributions most recently received by the candidate allocated in the inverse order in which they were chronologically received until all such unencumbered moneys are so allocated. Within 10 days after a candidate determines that he or she must allocate a contribution received in a previous campaign pursuant to this subsection, but in no case later than 10 days after the date on which that candidate becomes a candidate in a future election, the candidate's campaign treasurer shall notify the contributor in writing of that allocation and the amount thereof.

AB256, s. 59 Section 59. 11.265 of the statutes is repealed.

AB256, s. 60 Section 60. 11.31 (1) (intro.) of the statutes is amended to read:

AB256,38,13 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. Except as provided in sub. subs. (2) and (2e), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.

AB256, s. 61 Section 61. 11.31 (1) (a), (b), (c) and (d) of the statutes are amended to read:

AB256,38,15 11.31 (1) (a) Candidates for governor, $1,078,200 $3,500,000.

AB256,38,16 (b) Candidates for lieutenant governor, $323,475 $1,125,000.

AB256,38,17 (c) Candidates for attorney general, $539,000 $750,000.

AB256,38,19 (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625 $350,000.

AB256, s. 62 Section 62. 11.31 (1) (de) of the statutes is created to read:

AB256,38,21 11.31 (1) (de) Candidates for justice, $400,000.

AB256, s. 63 Section 63. 11.31 (1) (e) and (f) of the statutes are amended to read:

AB256,38,25 11.31 (1) (e) Candidates for state senator, $34,500 total in the primary and election, with disbursements not exceeding $21,575 for either the primary or the election $140,000.

AB256,39,3 (f) Candidates for representative to the assembly, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election $60,000.

AB256, s. 64 Section 64. 11.31 (2) of the statutes is amended to read:

AB256,39,19 11.31 (2) Limitation imposed on total disbursements. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wisconsin clean election campaign system fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1), adjusted as provided under sub. (9), unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies. No candidate for state office at a special election who files a sworn statement and application to receive a grant from the Wisconsin clean election campaign system fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1), adjusted as provided under sub. (9), for the preceding spring or general election for the same office, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or sub. (3n) or s. 11.50 (2) (i) applies.

AB256, s. 65 Section 65. 11.31 (2e) of the statutes is created to read:

AB256,40,2 11.31 (2e) Limitation on disbursements from sources other than individual contributions. No candidate may make or authorize total disbursements from his or her campaign treasury in any campaign that are derived from sources other than contributions received from individuals in an aggregate amount or value greater than 65% of the disbursement level for the office which the candidate seeks, as prescribed under sub. (1) or as modified under sub. (3), and as adjusted under sub. (9).

AB256, s. 66 Section 66. 11.31 (2m) of the statutes is repealed.

AB256, s. 67 Section 67. 11.31 (3) of the statutes is amended to read:

AB256,40,10 11.31 (3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin clean election campaign system fund may agree to combine disbursement levels under sub. (1) (a) and (b), adjusted as provided under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

AB256, s. 68 Section 68. 11.31 (3m) of the statutes is repealed.

AB256, s. 69 Section 69. 11.31 (3n) of the statutes is created to read:

AB256,40,22 11.31 (3n) Mass mailing and telephoning activities; exception. (a) If any individual or organization makes expenditures that are reportable under s. 11.065 which include the name or likeness of a candidate to whom sub. (2) applies, or an opponent of such a candidate, and the total expenditures for that purpose by all such individuals and organizations in the aggregate exceed an amount equal to 5% of the limitation prescribed under sub. (2), as adjusted under sub. (9), applicable to that candidate during any campaign on or before the date of the primary election, or the date on which the primary election would be held, if required, the limitation prescribed under sub. (2) does not apply to that candidate after the date on which those total expenditures exceed that amount.

AB256,41,7 (b) If any individual or organization makes expenditures that are reportable under s. 11.065 which include the name or likeness of a candidate to whom sub. (2) applies, or an opponent of such a candidate, and the total expenditures for that purpose by all such individuals and organizations in the aggregate exceed an amount equal to 5% of the limitation prescribed under sub. (2), as adjusted under sub. (9), applicable to that candidate during any campaign after the date of the primary election, or the date on which the primary election would be held, if required, and on or before the date of the election, the limitation prescribed under sub. (2) does not apply to that candidate after the date on which those total expenditures exceed that amount.

AB256, s. 70 Section 70. 11.31 (4) of the statutes is repealed.

AB256, s. 71 Section 71. 11.31 (7) (a) of the statutes is amended to read:

AB256,41,22 11.31 (7) (a) For purposes of this section, except as provided in pars. (b) and (c), the "campaign" of a candidate extends from July 1 preceding the date on which the spring primary or election occurs or January 1 preceding the date on which the September primary or general election occurs for the office which the candidate seeks, or from the date of the candidate's public announcement, whichever is earlier, through the last day of the month following the month in which the an election or primary is held at which a candidate seeks office. If a candidate seeks office at both a primary election and at a general or spring election which follows that primary election, the "campaign" of that candidate extends through the last day of the month following the general or spring election. If a candidate seeks office at a primary election but not at the general or spring election which follows that primary election, the "campaign" of that candidate extends through the last day of the month following the primary election.

AB256, s. 72 Section 72. 11.31 (7) (c) and (d) of the statutes are amended to read:

AB256,42,3 11.31 (7) (c) Disbursements which are made after a campaign the period specified in par. (a) to retire a debt incurred in relation to a campaign are charged against the disbursement limitation for that campaign.

AB256,42,6 (d) Disbursements which are made outside a campaign the period specified in par. (a) and to which par. (b) or (c) does not apply are not subject to any disbursement limitation. Such disbursements are subject to s. 11.25 (2).

AB256, s. 73 Section 73. 11.31 (9) of the statutes is created to read:

AB256,42,8 11.31 (9) Adjustment of disbursement levels. (a) In this subsection:

AB256,42,11 1. "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.

AB256,42,14 2. "Voting age population of this state" means the voting age population of this state, as determined by the federal election commission in its most recent determination prior to the date of any calculation under this subsection.

AB256,43,8 (b) The dollar amounts of all disbursement levels specified in sub. (1) shall be subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the voting age population of this state on December 31 of each odd-numbered year and the voting age population of this state on December 31, 1999. The board shall then 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 1999. For each biennium, the board shall first multiply the disbursement levels by the percentage difference in the voting age populations. The board shall then multiply that product by the percentage difference in the consumer price indices. The board shall adjust the disbursement levels specified under sub. (1) to substitute that result for the existing levels to the extent required to reflect any difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amounts shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b) and (3), determinations under this subsection 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.

AB256, s. 74 Section 74. 11.38 (1) (a) 2. of the statutes is amended to read:

AB256,43,25 11.38 (1) (a) 2. Notwithstanding subd. 1., any such corporation or association may establish and administer a separate segregated fund and solicit contributions from individuals to the fund to be utilized by such corporation or association, for the purpose of supporting or opposing any candidate for state or local office but the corporation or association may not make any contribution to the fund. The fund shall appoint a treasurer and shall register as a political committee under s. 11.05. A parent corporation or association engaging solely in this activity is not subject to registration under s. 11.05, but shall register and file special reports on forms prescribed by the board disclosing its administrative and solicitation expenses on behalf of such fund. A corporation not domiciled in this state need report only its expenses for administration and solicitation of contributions in this state together with a statement indicating where information concerning other administration and solicitation expenses of its fund may be obtained. The reports shall be filed with the filing officer for the fund specified in s. 11.02 in the manner provided under s. 11.21 (16), if applicable, or otherwise in the manner in which continuing reports are filed under s. 11.20 (4) and (8).

AB256, s. 75 Section 75. 11.50 (title) of the statutes is amended to read:

AB256,44,2 11.50 (title) Wisconsin clean election campaign fund system.

AB256, s. 76 Section 76. 11.50 (1) (b) of the statutes is amended to read:

AB256,44,4 11.50 (1) (b) "Fund" means the Wisconsin clean election campaign system fund.

AB256, s. 77 Section 77. 11.50 (2) (a) of the statutes is amended to read:

AB256,44,21 11.50 (2) (a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the contribution limitations prescribed in s. 11.26 and the disbursement limitations prescribed under s. 11.31, as adjusted under s. 11.31 (9), at all times to which such limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless except that the candidate is not required to comply with s. 11.26 (10) or 11.31 (2) if the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under par. (h), or par. (i) or s. 11.31 (3n) applies.

AB256, s. 78 Section 78. 11.50 (2) (b) 5. of the statutes is amended to read:

AB256,45,18 11.50 (2) (b) 5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals, which have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation under s. 11.31 (2), as adjusted under s. 11.31 (9). For any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation under s. 11.31 (2), as adjusted under s. 11.31 (9).