AB256, s. 68 11Section 68. 11.31 (3m) of the statutes is repealed.
AB256, s. 69 12Section 69. 11.31 (3n) of the statutes is created to read:
AB256,40,2213 11.31 (3n) Mass mailing and telephoning activities; exception. (a) If any
14individual or organization makes expenditures that are reportable under s. 11.065
15which include the name or likeness of a candidate to whom sub. (2) applies, or an
16opponent of such a candidate, and the total expenditures for that purpose by all such
17individuals and organizations in the aggregate exceed an amount equal to 5% of the
18limitation prescribed under sub. (2), as adjusted under sub. (9), applicable to that
19candidate during any campaign on or before the date of the primary election, or the
20date on which the primary election would be held, if required, the limitation
21prescribed under sub. (2) does not apply to that candidate after the date on which
22those total expenditures exceed that amount.
AB256,41,723 (b) If any individual or organization makes expenditures that are reportable
24under s. 11.065 which include the name or likeness of a candidate to whom sub. (2)
25applies, or an opponent of such a candidate, and the total expenditures for that

1purpose by all such individuals and organizations in the aggregate exceed an amount
2equal to 5% of the limitation prescribed under sub. (2), as adjusted under sub. (9),
3applicable to that candidate during any campaign after the date of the primary
4election, or the date on which the primary election would be held, if required, and on
5or before the date of the election, the limitation prescribed under sub. (2) does not
6apply to that candidate after the date on which those total expenditures exceed that
7amount.
AB256, s. 70 8Section 70. 11.31 (4) of the statutes is repealed.
AB256, s. 71 9Section 71. 11.31 (7) (a) of the statutes is amended to read:
AB256,41,2210 11.31 (7) (a) For purposes of this section, except as provided in pars. (b) and (c),
11the "campaign" of a candidate extends from July 1 preceding the date on which the
12spring primary or election occurs or January 1 preceding the date on which the
13September primary or general election occurs for the office which the candidate
14seeks, or from the date of the candidate's public announcement, whichever is earlier,
15through the last day of the month following the month in which the an election or
16primary
is held at which a candidate seeks office. If a candidate seeks office at both
17a primary election and at a general or spring election which follows that primary
18election, the "campaign" of that candidate extends through the last day of the month
19following the general or spring election. If a candidate seeks office at a primary
20election but not at the general or spring election which follows that primary election,
21the "campaign" of that candidate extends through the last day of the month following
22the primary election
.
AB256, s. 72 23Section 72. 11.31 (7) (c) and (d) of the statutes are amended to read:
AB256,42,3
111.31 (7) (c) Disbursements which are made after a campaign the period
2specified in par. (a)
to retire a debt incurred in relation to a campaign are charged
3against the disbursement limitation for that campaign.
AB256,42,64 (d) Disbursements which are made outside a campaign the period specified in
5par. (a)
and to which par. (b) or (c) does not apply are not subject to any disbursement
6limitation. Such disbursements are subject to s. 11.25 (2).
AB256, s. 73 7Section 73. 11.31 (9) of the statutes is created to read:
AB256,42,88 11.31 (9) Adjustment of disbursement levels. (a) In this subsection:
AB256,42,119 1. "Consumer price index" means the average of the consumer price index over
10each 12-month period, all items, U.S. city average, as determined by the bureau of
11labor statistics of the federal department of labor.
AB256,42,1412 2. "Voting age population of this state" means the voting age population of this
13state, as determined by the federal election commission in its most recent
14determination prior to the date of any calculation under this subsection.
AB256,43,815 (b) The dollar amounts of all disbursement levels specified in sub. (1) shall be
16subject to a biennial adjustment to be determined by rule of the board in accordance
17with this subsection. To determine the adjustment, the board shall calculate the
18percentage difference between the voting age population of this state on December
1931 of each odd-numbered year and the voting age population of this state on
20December 31, 1999. The board shall then calculate the percentage difference
21between the consumer price index for the 12-month period ending on December 31
22of each odd-numbered year and the consumer price index for the base period,
23calendar year 1999. For each biennium, the board shall first multiply the
24disbursement levels by the percentage difference in the voting age populations. The
25board shall then multiply that product by the percentage difference in the consumer

1price indices. The board shall adjust the disbursement levels specified under sub.
2(1) to substitute that result for the existing levels to the extent required to reflect any
3difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or
4more, which amounts shall be in effect until a subsequent rule is promulgated under
5this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b) and (3), determinations
6under this subsection may be promulgated as an emergency rule under s. 227.24
7without providing evidence that the emergency rule is necessary for the public peace,
8health, safety or welfare, and without a finding of emergency.
AB256, s. 74 9Section 74. 11.38 (1) (a) 2. of the statutes is amended to read:
AB256,43,2510 11.38 (1) (a) 2. Notwithstanding subd. 1., any such corporation or association
11may establish and administer a separate segregated fund and solicit contributions
12from individuals to the fund to be utilized by such corporation or association, for the
13purpose of supporting or opposing any candidate for state or local office but the
14corporation or association may not make any contribution to the fund. The fund shall
15appoint a treasurer and shall register as a political committee under s. 11.05. A
16parent corporation or association engaging solely in this activity is not subject to
17registration under s. 11.05, but shall register and file special reports on forms
18prescribed by the board disclosing its administrative and solicitation expenses on
19behalf of such fund. A corporation not domiciled in this state need report only its
20expenses for administration and solicitation of contributions in this state together
21with a statement indicating where information concerning other administration and
22solicitation expenses of its fund may be obtained. The reports shall be filed with the
23filing officer for the fund specified in s. 11.02 in the manner provided under s. 11.21
24(16), if applicable, or otherwise in the manner
in which continuing reports are filed
25under s. 11.20 (4) and (8).
AB256, s. 75
1Section 75. 11.50 (title) of the statutes is amended to read:
AB256,44,2 211.50 (title) Wisconsin clean election campaign fund system.
AB256, s. 76 3Section 76. 11.50 (1) (b) of the statutes is amended to read:
AB256,44,44 11.50 (1) (b) "Fund" means the Wisconsin clean election campaign system fund.
AB256, s. 77 5Section 77. 11.50 (2) (a) of the statutes is amended to read:
AB256,44,216 11.50 (2) (a) Any individual who desires to qualify as an eligible candidate may
7file an application with the board requesting approval to participate in the fund. The
8application shall be filed no later than the applicable deadline for filing nomination
9papers 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.
10on the 7th day after the primary or date on which the primary would be held if
11required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day
12after appointment in the case of candidates appointed to fill vacancies. The
13application shall contain a sworn statement that the candidate and his or her
14authorized agents have complied with the contribution limitations prescribed in s.
1511.26 and the disbursement limitations prescribed under s. 11.31, as adjusted under
16s. 11.31 (9),
at all times to which such limitations have applied to his or her candidacy
17and will continue to comply with the limitations at all times to which the limitations
18apply to his or her candidacy for the office in contest, unless except that the candidate
19is not required to comply with s. 11.26 (10) or 11.31 (2) if
the board determines that
20the candidate is not eligible to receive a grant, the candidate withdraws his or her
21application under par. (h), or par. (i) or s. 11.31 (3n) applies.
AB256, s. 78 22Section 78. 11.50 (2) (b) 5. of the statutes is amended to read:
AB256,45,1823 11.50 (2) (b) 5. The financial reports filed by or on behalf of the candidate as
24of the date of the spring or September primary, or the date that the special primary
25is or would be held, if required, indicate that the candidate has received at least the

1amount provided in this subdivision, from contributions of money, other than loans,
2made by individuals, which have been received during the period ending on the date
3of the spring primary and July 1 preceding such date in the case of candidates at the
4spring election, or the date of the September primary and January 1 preceding such
5date in the case of candidates at the general election, or the date that a special
6primary will or would be held, if required, and 90 days preceding such date or the
7date a special election is ordered, whichever is earlier, in the case of special election
8candidates, which contributions are in the aggregate amount of $100 or less, and
9which are fully identified and itemized as to the exact source thereof. A contribution
10received from a conduit which is identified by the conduit as originating from an
11individual shall be considered a contribution made by the individual. Only the first
12$100 of an aggregate contribution of more than $100 may be counted toward the
13required percentage. For a candidate at the spring or general election for an office
14identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount
15to qualify for a grant is 5% of the candidate's authorized disbursement limitation
16under s. 11.31 (2), as adjusted under s. 11.31 (9). For any other candidate at the
17general election, the required amount to qualify for a grant is 10% of the candidate's
18authorized disbursement limitation under s. 11.31 (2), as adjusted under s. 11.31 (9).
AB256, s. 79 19Section 79. 11.50 (2) (g) of the statutes is amended to read:
AB256,46,320 11.50 (2) (g) A candidate who voluntarily files an application to receive a grant
21in accordance with this subsection accepts and agrees to comply with the
22contribution limitations prescribed in s. 11.26 and the disbursement limitations
23imposed under s. 11.31 (2), as adjusted under s. 11.31 (9), as binding upon himself
24or herself and his or her agents during the campaign of that candidate as defined in
25s. 11.31 (7), as a precondition to receipt of a grant under this section, unless except

1that the candidate is not required to comply with s. 11.26 (10) or 11.31 (2) if
the board
2determines that the candidate is not eligible to receive a grant, the candidate
3withdraws the application under par. (h), or par. (i) or s. 11.31 (3n) applies.
AB256, s. 80 4Section 80. 11.50 (2) (i) of the statutes is amended to read:
AB256,46,195 11.50 (2) (i) Notwithstanding par. (g), if an eligible candidate at the spring
6election or a special nonpartisan election who accepts a grant is opposed by one or
7more candidates in the election, or if an eligible candidate for an office at the general
8election or a special partisan election who accepts a grant is opposed by one or more
9candidates in the election who receive received at least 6% of the vote cast for all
10candidates for the same office on all ballots at the September primary or a if an
11eligible candidate at a special partisan election who accepts a grant is opposed by one
12or more candidates in the election who received at least 6% of the vote cast for all
13candidates for the same office at the
special partisan primary if a primary was held,
14and in either case if any such opponent of the eligible candidate does not accept a
15grant under this section in whole or in part, the eligible candidate is not bound by
16the pledge made in his or her application to adhere to the contribution limitations
17limitation prescribed in s. 11.26 (10) and the disbursement limitation prescribed
18imposed under s. 11.31, unless each such opponent files an affidavit of voluntary
19compliance under s. 11.31 (2m)
(2), as adjusted under s. 11.31 (9).
AB256, s. 81 20Section 81. 11.50 (3) (a) 1. of the statutes is amended to read:
AB256,47,221 11.50 (3) (a) 1. If an election for state superintendent is scheduled in the
22following year, 8% of the fund shall be placed in a superintendency account. From
23this account, an
A grant equal amount to 50% of the balance in this account shall be
24disbursed by the state treasurer from this account to the campaign depository

1account of each eligible candidate by the state treasurer for the office of state
2superintendent, except as provided in subd. 3m
.
AB256, s. 82 3Section 82. 11.50 (3) (a) 2. of the statutes is amended to read:
AB256,47,94 11.50 (3) (a) 2. If an election for justice is scheduled in the following year, 8%
5of the fund shall be placed in a supreme court account. From this account, an A grant
6equal amount to 50% of the balance in this account shall be disbursed by the state
7treasurer from this account
to the campaign depository account of each eligible
8candidate by the state treasurer for the office of justice, except as provided in subd.
93m
.
AB256, s. 83 10Section 83. 11.50 (3) (a) 3. of the statutes is renumbered 11.50 (3) (a) 4.
AB256, s. 84 11Section 84. 11.50 (3) (a) 3m. of the statutes is created to read:
AB256,47,1712 11.50 (3) (a) 3m. If, at any election, after apportionment under subds. 1. and
132., there are remaining moneys in either account under subd. 1. or 2., 50% of the
14remaining moneys shall be redistributed to all eligible candidates for the offices
15specified in subds. 1. and 2. at that election, in the same proportion as the initial
16amounts of their grants bear to the total amount of grants distributed to all eligible
17candidates for the offices specified in subds. 1. and 2.
AB256, s. 85 18Section 85. 11.50 (4) (b) (intro.) of the statutes is amended to read:
AB256,47,2219 11.50 (4) (b) (intro.) The Except as provided in par. (bm), the executive
20campaign account shall be divided into accounts for each executive office as provided
21in this paragraph. The apportionment of moneys in the executive campaign account
22shall be made as follows:
AB256, s. 86 23Section 86. 11.50 (4) (bm) of the statutes is created to read:
AB256,48,424 11.50 (4) (bm) If, at any election, after apportionment under par. (b), there are
25remaining moneys in any account under par. (b) 1. to 5., the remaining moneys shall

1be returned to the executive campaign account and shall be redistributed to all
2eligible candidates for the offices specified in par. (b), in the same proportion as the
3initial amounts of their grants bear to the total amount of grants distributed to all
4eligible candidates for the offices specified in par. (b).
AB256, s. 87 5Section 87. 11.50 (8) of the statutes is amended to read:
AB256,48,176 11.50 (8) Lapsing grants. All grants disbursed under sub. (5) remain the
7property of the state until disbursed or encumbered for a lawful purpose. All grant
8moneys and all other income received by a candidate that are unspent and
9unencumbered by a the candidate on the day after the election in which the candidate
10participates shall revert to the state, up to the total amount of the grant received by
11that candidate
. All deposits and refunds derived from grant moneys that are
12received by a candidate at any time after the day of the election in which the
13candidate participates shall revert to the state to the extent that the deposits and
14refunds, when combined with other unencumbered moneys in the campaign
15depository account of that candidate, do not exceed the amount of the grant received
16by that candidate
. All reversions shall be returned to the board by the candidate and
17shall be deposited in the fund.
AB256, s. 88 18Section 88. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) (intro.) and
19amended to read:
AB256,49,220 11.50 (9) (a) (intro.) The total grant available to an eligible candidate may not
21exceed that amount which, when added to all other contributions accepted from
22sources other than individuals, political party committees and legislative campaign
23committees, is equal to 45% of the disbursement level specified for the applicable
24office under s. 11.31.
the following amount, plus any amount redistributed to the

1candidate under sub. (3) or (4), subject to applicable limitations under ss. 11.26 (9)
2and 11.31 (2), as adjusted under s. 11.31 (9):
AB256,49,7 3(b) The board shall scrutinize accounts and reports and records kept under this
4chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 (2), as
5adjusted under s. 11.31 (9),
are not exceeded and any violation is reported. No
6candidate or campaign treasurer may accept grants exceeding the amount
7authorized by this subsection.
AB256, s. 89 8Section 89. 11.50 (9) (a) 1. to 7. of the statutes are created to read:
AB256,49,99 11.50 (9) (a) 1. For a candidate for the office of governor, $875,000.
AB256,49,1010 2. For a candidate for the office of lieutenant governor, $281,250.
AB256,49,1111 3. For a candidate for the office of attorney general, $187,500.
AB256,49,1212 4. For a candidate for the office of justice, $100,000.
AB256,49,1413 5. For a candidate for the office of state superintendent, secretary of state or
14state treasurer, $87,500.
AB256,49,1515 6. For a candidate for the office of state senator, $35,000.
AB256,49,1616 7. For a candidate for the office of representative to the assembly, $15,000.
AB256, s. 90 17Section 90. 11.50 (9a) of the statutes is created to read:
AB256,49,1918 11.50 (9a) Adjustment of maximum initial grant amounts. (a) In this
19subsection:
AB256,49,2220 1. "Consumer price index" means the average of the consumer price index over
21each 12-month period, all items, U.S. city average, as determined by the bureau of
22labor statistics of the federal department of labor.
AB256,49,2523 2. "Voting age population of this state" means the voting age population of this
24state, as determined by the federal election commission in its most recent
25determination prior to the date of any calculation under this subsection.
AB256,50,19
1(b) The dollar amounts of all maximum initial grant amounts specified in sub.
2(9) (a) 1. to 7. shall be subject to a biennial adjustment to be determined by rule of
3the board in accordance with this subsection. To determine the adjustment, the
4board shall calculate the percentage difference between the voting age population of
5this state on December 31 of each odd-numbered year and the voting age population
6of this state on December 31, 1999. The board shall then calculate the percentage
7difference between the consumer price index for the 12-month period ending on
8December 31 of each odd-numbered year and the consumer price index for the base
9period, calendar year 1999. For each biennium, the board shall first multiply the
10disbursement levels by the percentage difference in the voting age populations. The
11board shall then multiply that product by the percentage difference in the consumer
12price indices. The board shall adjust the maximum initial grant amounts specified
13in sub. (9) to substitute that result for the existing amounts to the extent required
14to reflect any difference, rounded to the nearest multiple of $25, which amounts shall
15be in effect until a subsequent rule is promulgated under this subsection.
16Notwithstanding s. 227.24 (1) (a), (2) (b) and (3), determinations under this
17subsection may be promulgated as an emergency rule under s. 227.24 without
18providing evidence that the emergency rule is necessary for the public peace, health,
19safety or welfare and without a finding of emergency.
AB256, s. 91 20Section 91. 11.50 (10m) (title) of the statutes is amended to read:
AB256,50,2121 11.50 (10m) (title) Return of grants prior to election.
AB256, s. 92 22Section 92. 11.50 (11) (d) of the statutes is amended to read:
AB256,51,223 11.50 (11) (d) No person may expend, authorize the expenditure of or incur any
24obligation to expend a grant or other contribution any moneys in the campaign

1depository account of a candidate
after the date of any election where the moneys
2contained in such contribution are returnable to the state under sub. (8).
AB256, s. 93 3Section 93. 11.50 (11) (e) of the statutes is amended to read:
AB256,51,74 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur
5any obligation to expend any grant if he or she violates the pledge required under
6sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h)
7or (i) or s. 11.31 (3n).
AB256, s. 94 8Section 94. 11.51 of the statutes is created to read:
AB256,51,19 911.51 Public grants to candidates for county and 1st class city offices.
10The board of supervisors of any county or the common council of any 1st class city
11may, by ordinance, provide appropriations to pay for any lawful disbursements made
12by a candidate for county or city office, respectively. The ordinance may impose
13reasonable qualifications for candidates to receive funding from the county or city.
14The ordinance may require any candidate, as a condition precedent to receipt of
15funding, to make no disbursements or contributions to his or her own campaign for
16office exceeding an aggregate amount or value specified in or under the ordinance.
17The ordinance may provide for a civil penalty for any violation of the ordinance or
18an agreement entered into under the ordinance not exceeding the penalty that would
19apply for the same offense under s. 11.60.
AB256, s. 95 20Section 95. 11.60 (1) to (3) of the statutes are amended to read:
AB256,51,2221 11.60 (1) Any person, including any committee or group, who violates this
22chapter may be required to forfeit not more than $500 $1,500 for each violation.
AB256,52,2 23(2) In addition to the penalty under sub. (1), any person, including any
24committee or group, who is delinquent in filing a report required by this chapter may
25be required to forfeit not more than $50 $150 or one percent 3% of the annual salary

1of the office for which the candidate is being supported or opposed, whichever is
2greater, for each day of delinquency.
AB256,52,6 3(3) Notwithstanding sub. (1), any person, including any committee or group,
4who makes any contribution in violation of this chapter may be required to forfeit
5treble 9 times the amount of the contribution or portion thereof which is illegally
6contributed.
AB256, s. 96 7Section 96. 11.61 (1) of the statutes, as affected by 1997 Wisconsin Act 283,
8is amended to read:
AB256,52,119 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07
10(1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000
11$30,000 or imprisoned for not more than 4 13 years and 6 months or both.
AB256,52,1612 (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38
13where the intentional violation does not involve a specific figure, or where the
14intentional violation concerns a figure which exceeds $100 in amount or value may
15be fined not more than $10,000 $30,000 or imprisoned for not more than 4 13 years
16and 6 months or both.
AB256,52,2117 (c) Whoever intentionally violates any provision of this chapter other than
18those provided in par. (a) and whoever intentionally violates any provision under par.
19(b) where the intentional violation concerns a specific figure which does not exceed
20$100 in amount or value may be fined not more than $1,000 $3,000 or imprisoned for
21not more than 6 months one year in the county jail or both.
AB256, s. 97 22Section 97. 13.90 (1) (m) of the statutes is created to read:
AB256,52,2523 13.90 (1) (m) In cooperation with the governor, propose the creation of a
24bipartisan committee to study campaign finance reform whenever changing
25electoral dynamics and campaign finance technology demand such action.
AB256, s. 98
1Section 98. 14.019 (6) of the statutes is created to read:
AB256,53,52 14.019 (6) Study of campaign finance reform. The governor shall, in
3cooperation with the legislature, exercise his or her authority under sub. (1) to create
4a bipartisan committee to study campaign finance reform whenever changing
5electoral dynamics and campaign finance technology demand such action.
AB256, s. 99 6Section 99. 14.58 (20) of the statutes is amended to read:
AB256,53,97 14.58 (20) Election campaign system fund. Make disbursements to each
8candidate certified under s. 7.08 (2) (c) or (cm) by the elections board as eligible to
9receive moneys from the Wisconsin clean election campaign system fund.
AB256, s. 100 10Section 100. 15.61 of the statutes is amended to read:
AB256,53,25 1115.61 Elections board; creation. There is created an elections board
12consisting of persons who shall be 8 members appointed by the governor for 2-year
134-year terms as follows: one member selected by the governor; one member each
14designated by the chief justice of the supreme court, the speaker of the assembly, the
15senate majority leader, and the minority leader in each house of the legislature, and
16the chief officer of each political party qualifying for a separate ballot under s. 5.62
17(1) (b) or (2) whose candidate for governor received at least 10% of the vote in the most
18recent gubernatorial election
and 3 nonpartisan members. Each of the nonpartisan
19members shall be nominated by the governor and with the advice and consent of the
20senate appointed. No nonpartisan member may hold any other office or employment
21in the government of this state or any political subdivision thereof. No nonpartisan
22member, for one year immediately prior to the date of appointment, may have been,
23or while serving on the board may become, a member of a political party, an officer
24or member of a committee in any partisan political club or organization or a
25candidate for any partisan elective public office
.
AB256, s. 101
1Section 101. 19.42 (10) (a) of the statutes is amended to read:
AB256,54,32 19.42 (10) (a) A member of the elections board whose appointment is not
3subject to confirmation by the senate
.
AB256, s. 102 4Section 102. 20.510 (1) (q) of the statutes is amended to read:
AB256,54,85 20.510 (1) (q) Wisconsin clean election campaign system fund. As a continuing
6appropriation, from the Wisconsin clean election campaign system fund, the moneys
7determined under s. 11.50 to provide for payments to eligible candidates certified
8under s. 7.08 (2) (c).
AB256, s. 103 9Section 103. 20.855 (4) (b) of the statutes is amended to read:
AB256,54,1210 20.855 (4) (b) Election campaign fund payments. A sum sufficient equal to the
11amounts determined under s. 71.10 (3) to be paid into the Wisconsin clean election
12campaign system fund annually on August 15.
AB256, s. 104 13Section 104. 25.17 (1) (ys) of the statutes is amended to read:
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