LRB-2224/4
JTK:wlj:jf
1999 - 2000 LEGISLATURE
June 10, 1999 - Introduced by Representatives Bock, Richards, Pocan, Turner,
Miller, Plouff, J. Lehman, Berceau, Colon, Coggs and Young, cosponsored
by Senators George, Erpenbach, Risser, Rosenzweig, Darling, Rude, Moen
and Robson. Referred to Committee on Campaigns and Elections.
AB377,1,7
1An Act to amend 8.35 (4) (b), 11.12 (2), 11.16 (2) and (3), 11.26 (1) (a), 11.26 (2)
2(a), 11.26 (9) (a), 11.26 (9) (b), 11.26 (13), 11.31 (1) (d), 11.33 (1) (a) (intro.), 11.50
3(1) (a) 1. and 11.50 (3) (b); and
to create 11.26 (1) (am), 11.26 (2) (am), 11.26 (9)
4(ba), 11.33 (4), 11.501 to 11.522, 20.510 (1) (r), 20.585 (1) (q), 20.585 (1) (r),
520.855 (4) (bb), 25.17 (1) (cm) and 25.421 of the statutes;
relating to: campaign
6financing with respect to the office of justice of the supreme court, making
7appropriations and providing penalties.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes in the campaign finance law affecting
campaigns for the office of justice of the supreme court. The bill limits the application
of the Wisconsin election campaign fund, under which eligible candidates for state
offices (except district attorney, court of appeals judge and circuit judge) may receive
public grants from state general purpose revenues derived from designations made
by individuals filing state income tax returns, to state offices other than the office of
justice of the supreme court. To finance elections for the office of justice of the
supreme court, the bill creates a democracy trust fund, under which eligible
candidates for this office may receive public grants derived from general purpose
revenues.
Under the bill, a candidate for the office of justice of the supreme court may
qualify for public financing from the democracy trust fund to finance a campaign in
a primary or election by receiving a specified number of qualifying contributions of
five dollars each made by electors of the state. A candidate who accepts public
financing may accept "seed money" contributions in amounts of $100 or less, subject
to aggregate limitations, and may contribute personal funds in specified amounts
during specified periods. A candidate who accepts public financing may not accept
any contributions other than qualifying and seed money contributions and
contributions from personal funds, subject to specified limitations. Public financing
benefits for eligible candidates are $100,000 in the primary election and $300,000 in
the general election. The benefits are subject to a biennial cost of living adjustment.
A candidate who accepts more than a specified amount of qualifying or seed money
contributions has the excess deducted from his or her public financing benefit. In
addition, if a candidate's opponent declines to accept public financing and makes
expenditures in a total amount that exceeds by more than five percent the amount
permitted for a candidate who accepts public financing, the candidate who accepts
public financing receives additional funding equivalent to the excess expenditures
made by his or her opponent, but not more than three times the amount of the public
financing benefit for the office that the candidate seeks. A candidate also receives
additional public financing equivalent to any independent expenditures made
against the candidate or in support of his or her opponents if those expenditures
exceed 20% of the amount of the public financing benefit for the office that the
candidate seeks (but not more than three times the amount of that benefit), as well
as additional financing equivalent to the cost of certain mass mailings made by an
incumbent opponent using state funds.
Currently, a candidate for the office of justice of the supreme court may qualify
to receive a grant from the Wisconsin election campaign fund for use in an election
campaign only (no funding is provided for primary campaigns). In order to qualify
for a grant, a candidate must qualify to have his or her name appear on the spring
election ballot and must have an opponent who qualifies to have his or her name
appear on that ballot. The maximum amount of a grant that a candidate may receive
is $97,031. This amount is not subject to any cost of living adjustment. In addition,
this amount is reduced by the total amount of contributions received by a candidate
from special interest committees and this amount may not be fully funded in a
particular year if there are not sufficient moneys in the Wisconsin election campaign
fund to provide full financing for all qualifying candidates. A candidate must agree
to abide by spending and self-contribution limits in order to receive a grant, but this
agreement does not apply if the candidate has an opponent who could have qualified
for a grant but declines to do so and declines to file an affidavit of voluntary
compliance with spending and self-contribution limits.
Currently, individuals and committees making political contributions to
candidates for the office of justice of the supreme court are subject to limitations on
the amount or value of any contribution or contributions that may be made
cumulatively to any candidate in a campaign. The limitations are $10,000 in the case
of an individual making a contribution to a candidate and $8,625 in the case of a
committee making a contribution to a candidate. This bill replaces these limitations
with a contribution limitation of $1,000 applicable to an individual or committee
making any contribution or contributions cumulatively to any candidate for the
office of justice of the supreme court who is eligible to qualify for a public financing
benefit but who declines to accept one, per campaign.
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:
AB377, s. 1
1Section
1. 8.35 (4) (b) of the statutes is amended to read:
AB377,3,112
8.35
(4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
3received by a candidate from the Wisconsin election campaign fund shall be
4immediately transferred to any candidate who is appointed to replace such
5candidate, upon filing of a proper application therefor under s. 11.50 (2). If there is
6no candidate appointed or if no proper application is filed within 7 days of the date
7on which the vacancy occurs, such moneys shall revert to the state as provided in s.
811.50 (8).
Notwithstanding par. (a), any unspent and unencumbered moneys
9received by a candidate from the democracy trust fund shall be immediately
10transferred to any candidate who is appointed to replace such candidate. If there is
11no candidate appointed, the moneys shall revert to the state.
AB377, s. 2
12Section
2. 11.12 (2) of the statutes is amended to read:
AB377,4,213
11.12
(2) Any No registrant, except a candidate who receives a public financing
14benefit from the democracy trust fund, may accept an anonymous contribution
15exceeding $10
received by a campaign or committee treasurer or by an individual
16under s. 11.06 (7) may not be used or expended. The. No candidate who receives a
17public financing benefit from the democracy trust fund may accept an anonymous
18contribution exceeding $5. Any anonymous contribution
that may not be accepted
1under this subsection shall be donated to the common school fund or to any charitable
2organization at the option of the
registrant's treasurer.
AB377, s. 3
3Section
3. 11.16 (2) and (3) of the statutes are amended to read:
AB377,4,104
11.16
(2) Limitation on cash contributions. Every Except as provided in s.
511.506 (6), every contribution of money exceeding $50 shall be made by negotiable
6instrument or evidenced by an itemized credit card receipt bearing on the face the
7name of the remitter. No treasurer may accept a contribution made in violation of
8this subsection. The treasurer shall promptly return the contribution, or donate it
9to the common school fund or to a charitable organization in the event that the donor
10cannot be identified.
AB377,4,21
11(3) Form of disbursements. Every Except as authorized under s. 11.511 (1),
12every disbursement which is made by a registered individual or treasurer from the
13campaign depository account shall be made by negotiable instrument. Such
14instrument shall bear on the face the full name of the candidate, committee,
15individual or group as it appears on the registration statement filed under s. 11.05
16and where necessary, such additional words as are sufficient to clearly indicate the
17political nature of the registrant or account of the registrant. The name of a political
18party shall include the word "party". The instrument of each committee registered
19with the board and designated under s. 11.05 (3) (c) as a special interest committee
20shall bear the identification number assigned under s. 11.21 (12) on the face of the
21instrument.
AB377, s. 4
22Section
4. 11.26 (1) (a) of the statutes is amended to read:
AB377,4,2423
11.26
(1) (a) Candidates for governor, lieutenant governor, secretary of state,
24state treasurer, attorney general
, or state superintendent
or justice, $10,000.
AB377, s. 5
25Section
5. 11.26 (1) (am) of the statutes is created to read:
AB377,5,1
111.26
(1) (am) Candidates for justice, $1,000.
AB377, s. 6
2Section
6. 11.26 (2) (a) of the statutes is amended to read:
AB377,5,53
11.26
(2) (a) Candidates for governor, lieutenant governor, secretary of state,
4state treasurer, attorney general
, or state superintendent
or justice, 4% of the value
5of the disbursement level specified in the schedule under s. 11.31 (1).
AB377, s. 7
6Section
7. 11.26 (2) (am) of the statutes is created to read:
AB377,5,77
11.26
(2) (am) Candidates for justice, $1,000.
AB377, s. 8
8Section
8. 11.26 (9) (a) of the statutes is amended to read:
AB377,5,149
11.26
(9) (a)
No Except as provided in par. (ba), no individual who is a candidate
10for state or local office may receive and accept more than 65% of the value of the total
11disbursement level determined under s. 11.31 for the office for which he or she is a
12candidate during any primary and election campaign combined from all committees
13subject to a filing requirement, including political party and legislative campaign
14committees.
AB377, s. 9
15Section
9. 11.26 (9) (b) of the statutes is amended to read:
AB377,5,2116
11.26
(9) (b)
No Except as provided in par. (ba), no individual who is a candidate
17for state or local office may receive and accept more than 45% of the value of the total
18disbursement level determined under s. 11.31 for the office for which he or she is a
19candidate during any primary and election campaign combined from all committees
20other than political party and legislative campaign committees subject to a filing
21requirement.
AB377, s. 10
22Section
10. 11.26 (9) (ba) of the statutes is created to read:
AB377,5,2423
11.26
(9) (ba) Paragraphs (a) and (b) do not apply to a candidate who receives
24a public financing benefit from the democracy trust fund.
AB377, s. 11
25Section
11. 11.26 (13) of the statutes is amended to read:
AB377,6,3
111.26
(13) Except as provided in sub. (9), contributions received from the
2Wisconsin election campaign fund
and public financing benefits received from the
3democracy trust fund are not subject to limitation by this section.
AB377, s. 12
4Section
12. 11.31 (1) (d) of the statutes is amended to read:
AB377,6,65
11.31
(1) (d) Candidates for secretary of state, state treasurer
, justice or state
6superintendent, $215,625.
AB377, s. 13
7Section
13. 11.33 (1) (a) (intro.) of the statutes is amended to read:
AB377,6,118
11.33
(1) (a) (intro.)
No Except as provided in sub. (4), no person elected to state
9or local office who becomes a candidate for national, state or local office may use
10public funds for the cost of materials or distribution for 50 or more pieces of
11substantially identical material distributed after:
AB377, s. 14
12Section
14. 11.33 (4) of the statutes is created to read:
AB377,6,1313
11.33
(4) This section does not apply to a candidate for the office of justice.
AB377, s. 15
14Section
15. 11.50 (1) (a) 1. of the statutes is amended to read:
AB377,6,2215
11.50
(1) (a) 1. With respect to a spring or general election, any individual who
16is certified under s. 7.08 (2) (a) as a candidate in the spring election for
justice or state
17superintendent, or an individual who receives at least 6% of the vote cast for all
18candidates on all ballots for any state office, except district attorney, for which the
19individual is a candidate at the September primary and who is certified under s. 7.08
20(2) (a) as a candidate for that office in the general election, or an individual who has
21been lawfully appointed and certified to replace either such individual on the ballot
22at the spring or general election; and who has qualified for a grant under sub. (2).
AB377, s. 16
23Section
16. 11.50 (3) (b) of the statutes is amended to read:
AB377,7,524
11.50
(3) (b) If a vacancy occurs in the office of state superintendent
or justice 25after August 15 in any year and an election is scheduled to fill the vacancy at the
1spring election in the following year, the state treasurer shall transfer an amount not
2exceeding 8% of the moneys transferred to the fund on the preceding August 15 to
3the
superintendency account
for the office in which the vacancy occurs, such moneys
4to be drawn from any account within the accounts created under sub. (4) in the
5amount or amounts specified by the board.
AB377, s. 17
6Section
17. 11.501 to 11.522 of the statutes are created to read:
AB377,7,7
711.501 Definitions. In ss. 11.501 to 11.522:
AB377,7,9
8(1) "Allowable contribution" means a qualifying contribution, seed money
9contribution or personal contribution authorized under ss. 11.502 to 11.522.
AB377,7,10
10(2) "Campaign" has the meaning given in s. 11.26 (17).
AB377,7,13
11(3) "Election campaign period" means the period beginning on the day after the
12spring primary election or the day on which a primary election would be held, if
13required, and ending on the day of the succeeding spring election.
AB377,7,17
14(4) "Eligible candidate" means a candidate for the office of justice who qualifies
15for public financing by collecting the required number of qualifying contributions,
16making all required reports and disclosures, and being certified by the board as being
17in compliance with ss. 11.502 to 11.522.
AB377,7,20
18(5) "Excess disbursement amount" means the amount of disbursements made
19by a noncomplying candidate in excess of the public financing benefit available to an
20eligible candidate for the same office that the noncomplying candidate seeks.
AB377,7,23
21(6) "Excess qualifying contribution amount" means the amount of qualifying
22contributions accepted by a candidate beyond the number or dollar amount of
23contributions required to qualify a candidate for a public financing benefit.
AB377,8,3
1(7) "Exploratory period" means the period that begins after the date of a spring
2election and ends on the first day of the public financing qualifying period for the next
3election for justice.
AB377,8,7
4(8) "Fair election debit card" means a debit card issued by the board in
5accordance with s. 11.515 (2) entitling a candidate and agents of the candidate
6designated by the candidate to draw money from an account maintained by the board
7to make disbursements authorized by law.
AB377,8,9
8(9) "Immediate family", when used with reference to a candidate, includes the
9candidate's spouse and children.
AB377,8,14
10(10) "Independent disbursement" means a disbursement by a person expressly
11advocating the election or defeat of a clearly identified candidate which is made
12without cooperation or consultation with a candidate, or any authorized committee
13or agent of a candidate, and which is not made in concert with, or at the request or
14suggestion of, any candidate, or any authorized committee or agent of a candidate.
AB377,8,20
15(11) "Mass mailing" means a districtwide or statewide mailing of newsletters,
16pamphlets, brochures or other similar items of more than 100 pieces in which the
17content of the matter mailed is substantially identical. "Mass mailing" does not
18include a mailing made in direct response to communications from persons to whom
19the matter is mailed, a mailing to a federal, state or local government official or a
20news release to communications media.
AB377,8,23
21(12) "Noncomplying candidate" means a candidate for the office of justice who
22does not apply for a public financing benefit or who otherwise is ineligible or fails to
23qualify for a public financing benefit under ss. 11.502 to 11.522.
AB377,8,25
24(13) "Personal funds" means funds contributed by a candidate or a member of
25a candidate's immediate family.
AB377,9,4
1(14) "Primary election campaign period" means the period beginning 30 days
2after the last day prescribed by law for filing nomination papers for that office and
3ending on the day of the spring primary election for that office or the day on which
4the primary election would be held, if required.
AB377,9,7
5(15) "Public financing qualifying period" means the period beginning on the
6first day of July of any year and ending on the day before the beginning of the primary
7election campaign period for that office.
AB377,9,11
8(16) "Qualifying contribution" means a contribution of $5 made to a candidate
9made by an elector of the jurisdiction or district in which the candidate seeks office
10during the public financing qualifying period, which is acknowledged by written
11receipt identifying the contributor.
AB377,9,17
12(17) "Seed money contribution" means a contribution in an amount of not more
13than $100 made to a candidate by an elector of the jurisdiction or district in which
14the candidate seeks office during the exploratory period or the public financing
15qualifying period, or a contribution made to a candidate consisting of personal funds
16of that candidate in an amount not more than the amount authorized under s. 11.507
17during the exploratory period or the public financing qualifying period.