(d) Other city offices, $70,100.
For candidates for local office in a jurisdiction with a population of less than
500,000, these maximum aggregate amounts are approximately 65% of the greater
of $1,075, 53.91% of the annual salary for the office, or the product of $32.35 times
the population of the jurisdiction for which the candidate seeks office. However,
these maximum aggregate amounts may not be more than $28,000.
Furthermore, current law limits the aggregate amount of contributions that a
candidate for local office may accept from committees other than political party and
legislative campaign committees. For candidates for county office in a county with
a population of 500,000 or more, these maximum aggregate amounts are
approximately as follows:
(a) County executive, $121,300.
(b) County supervisor, $7,800.
(c) Other county offices, $48,500.
For candidates for city office in a first class city (currently only Milwaukee),
these maximum aggregate amounts are approximately as follows:
(a) Mayor, $121,300.
(b) City attorney, $72,800.
(c) Alderperson, $7,800.
(d) Other city offices, $48,500.
For candidates for local office in a jurisdiction with a population of less than
500,000, these maximum aggregate amounts are approximately 45% of the greater
of $1,075, 53.91% of the annual salary for the office, or the product of $32.35 times
the population of the jurisdiction for which the candidate seeks office. However,
these maximum aggregate amounts may not be more than $19,400.
This bill permits a county, city, town or village to enact an ordinance that
reasonably limits the making and acceptance of contributions with respect to
elections for county, city, town or village office, respectively. The ordinance may
prohibit a candidate or a committee from accepting any contribution made or
transferred in violation of the ordinance. In addition, similar to current law, the
ordinance may reasonably limit the aggregate amount of contributions that a
candidate may accept from committees. Similar to current law, the ordinance may
also reasonably limit the amount of contributions that an individual or a committee
may make with respect to a particular election and may limit the aggregate amount
of contributions that an individual may make in a calendar year with respect to all
elections for county, city, town or village office, as is applicable. An ordinance enacted
by a county may exempt from any limitation on contributions created under the
ordinance contributions from a political party committee. Unlike current law,
however, the maximum amount of allowable individual or committee contributions
under the ordinance may be less than the maximum amount allowed under current
law. In addition, unlike current law, the ordinance may limit the total amount of
contributions that may be transferred by a conduit with respect to elections for
county, city, town or village office.
Local public financing of campaigns for local office
This bill permits a county, city, town or village to enact an ordinance
appropriating money to pay for campaign expenses of candidates for county, city,
town or village office, respectively. The ordinance may impose reasonable
qualifications that a candidate must meet in order to receive funding under the
ordinance. The ordinance also may require a candidate, as a condition of receiving
funding under the ordinance, to agree to limit the candidate's contributions to his or
her own campaign, the candidate's campaign spending or both.
Enforcement of local campaign finance ordinances
Under current law, every city and county with a population of greater than
500,000 must establish a city or county board of election commissioners. The city or
county board of election commissioners has general authority to administer elections
in the city or county. For example, with certain exceptions, a city or county board of
election commissioners is required to carry out all powers and duties assigned to the
municipal or county clerks or the city or county board of canvassers under the
election laws. Current law does not authorize a city or county with a population of
500,000 or less to establish a board of election commissioners.
This bill permits a city or county that enacts a local campaign finance ordinance
under this bill and that has a population of 500,000 or less to create a local elections
board to enforce the ordinance. In addition, this bill requires a city or county that
enacts a local campaign finance ordinance under this bill and that has a population
that is greater than 500,000 to enact an ordinance requiring the city or county board
of election commissioners to enforce the local campaign finance ordinance. The
ordinance providing for enforcement by either the local elections board or the city or
county board of election commissioners (enforcement ordinance) may include
provisions authorizing the local elections board or the board of election
commissioners to do any of the following:
(a) Investigate any alleged violation of the local campaign finance ordinance.
(b) Receive and hear any verified complaint alleging a violation of the local
campaign finance ordinance.
(c) Issue subpoenas and administer oaths.
(d) Refer any complaint or matter investigated by it to the appropriate
prosecuting attorney.
(e) Issue a formal opinion, upon request, regarding the application of the local
campaign finance ordinance. Under the bill, the person requesting the formal
opinion is not subject to prosecution under the ordinance for acting in accordance
with the opinion if the material facts are as stated in the opinion.
In addition, the enforcement ordinance may direct the corporation counsel, or
the district attorney in a county that does not have a corporation counsel, to provide
counsel to a local elections board created by a county or to a county board of election
commissioners regarding the administration of a local campaign finance ordinance
enacted under this bill. The enforcement ordinance may also require a city, town or
village attorney to provide similar counsel to a city board of election commissioners
or to a local elections board created by a city, town or village, respectively.
Furthermore, the enforcement ordinance may direct the county, city, town or village
clerk to provide administrative support services to the local elections board or city
or county board of election commissioners.
Local campaign finance registration and reporting
Under current law, with certain limited exceptions, any candidate for local
office and any organization or individual acting in support of or in opposition to any
candidate for local office must file a registration statement and various campaign
finance reports with the clerk or board of election commissioners in the most
populous jurisdiction for which the candidate seeks office. This bill allows a county,
city, town or village to enact an ordinance requiring any organization which or
individual who takes certain actions regarding the financing of an election for county,
city, town or village office to provide the county, city, town or village with a copy of
of any registration statement or campaign finance report that, under current law, the
organization or individual files with the board.
In addition, this bill allows a county, city, town or village to enact an ordinance
requiring electronic filing of any campaign finance reports filed with the county, city,
town or village. This bill requires a county, city, town or village enacting an electronic
filing ordinance to provide an exception from electronic filing for indigent persons.
Currently, registrants who or which are required to file campaign finance reports
with the board in an electronic format may purchase the necessary computer
software from the board. This bill requires the board also to sell a copy of this
software to each registrant who is required to file electronically with a county, city,
town or village.
For further information see the state and local 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:
AB413, s. 1
1Section
1. 7.19 of the statutes is created to read:
AB413,5,6
27.19 Local elections board. (1) Any county or city having a population of
3500,000 or less and any town or village may enact an ordinance establishing a local
4elections board to oversee elections for county, city, town or village office, respectively.
5The ordinance shall specify the membership and the method of appointment and
6terms of the members.
AB413,5,8
7(2) An ordinance enacted under this section may contain any of the following
8provisions:
AB413,5,119
(a) A provision authorizing the local elections board, on its own motion, to
10investigate any alleged violation of an ordinance enacted under s. 11.55, with respect
11to an election within the jurisdiction of the local elections board.
AB413,5,1612
(b) A provision authorizing the local elections board to receive and hear any
13verified complaint alleging a violation of an ordinance enacted under s. 11.55, with
14respect to an election within the jurisdiction of the local elections board. The
15ordinance may permit the local elections board to summarily dismiss any complaint
16that it finds to be without merit.
AB413,5,2117
(c) A provision authorizing a local elections board created by a county to refer
18any complaint or matter investigated by it to the corporation counsel, or to the
19district attorney if the county does not have a corporation counsel, or authorizing a
20local elections board created by a city, town or village to refer any complaint or matter
21investigated by it to the city, town or village attorney, respectively.
AB413,6,2
1(d) A provision authorizing the local elections board to issue subpoenas and
2administer oaths for the purpose of carrying out its functions.
AB413,6,83
(e) A provision empowering the local elections board to issue a formal, written
4opinion concerning the application of an ordinance enacted under s. 11.55 with
5respect to an election within the jurisdiction of the local elections board to any person
6upon request. No person acting in good faith upon a formal opinion issued to the
7person by the local elections board is subject to civil prosecution for so acting, if the
8material facts are as stated in the opinion request.
AB413,6,149
(f) A provision directing the corporation counsel, or the district attorney if a
10county does not have a corporation counsel, to provide counsel regarding the
11administration of an ordinance enacted under s. 11.55 to a local elections board
12created by a county or directing the city, town or village attorney to provide counsel
13regarding the administration of an ordinance enacted under s. 11.55 to a local
14elections board created by a city, town or village, respectively.
AB413,6,1715
(h) A provision directing the county, city, town or village clerk to provide
16administrative support services to a local elections board created by a county, city,
17town or village, respectively.
AB413,6,20
18(3) The creation of a local elections board under sub. (1) does not affect the
19statutory authority or functions of the district attorney or the county, city, town or
20village clerk.
AB413, s. 2
21Section
2. 7.21 (1m) of the statutes is created to read:
AB413,7,422
7.21
(1m) If the city council or county board enacts an ordinance under s. 11.55
23regarding the financing of elections for city or county offices, the city council or
24county board shall, by ordinance, authorize the municipal or county board of election
25commissioners to enforce the ordinance enacted under s. 11.55. An ordinance
1enacted under this subsection may contain provisions with regard to the activities
2and support of the municipal or county board of election commissioners as are
3allowed under s. 7.19 (2) with regard to the activities and support of a local elections
4board.
AB413, s. 3
5Section
3. 11.21 (17) of the statutes is created to read:
AB413,7,96
11.21
(17) Provide a copy of the software specified under sub. (16) to any person
7who is required to submit campaign finance reports in electronic format under an
8ordinance enacted under s. 11.55 (3) (c). The board shall fix the price of software
9provided under this subsection at an amount that may not exceed cost.
AB413, s. 4
10Section
4. 11.55 of the statutes is created to read:
AB413,8,4
1111.55 Local regulation of campaign financing. (1) Reasonable limitation
12on contributions. (a)
Elections for county office. The board of supervisors of any
13county may, by ordinance, regulate the making and acceptance of contributions with
14respect to elections for county office. The ordinance may reasonably limit the
15contributions that an individual or a committee may make with respect to an election
16for county office and may reasonably limit the total contributions that an individual
17may make in a calendar year with respect to all elections for county office. The
18maximum amount of contributions that an individual or committee may make under
19the ordinance may be less than the maximum amount for that contributor under s.
2011.26 (1) (d), (2) (e) or (4). The ordinance may limit the total contributions that may
21be transferred by a conduit with respect to an election for county office. The
22ordinance may also prohibit a candidate or a committee from accepting any
23contribution made or transferred in violation of the ordinance. In addition, the
24ordinance may reasonably limit the aggregate amount of contributions that a
25candidate for county office may accept from committees. The maximum aggregate
1amount of contributions that a candidate may accept from committees under the
2ordinance may be less than the maximum amount for that candidate under s. 11.26
3(9). The ordinance may exempt from any limitation on contributions created under
4the ordinance contributions from a political party committee.
AB413,8,205
(b)
Elections for city office. The common council of any city may, by ordinance,
6regulate the making and acceptance of contributions with respect to elections for city
7office. The ordinance may reasonably limit the contributions that an individual or
8a committee may make with respect to an election for city office any may reasonably
9limit the total contributions that an individual may make in a calendar year with
10respect to all elections for city office. The maximum amount of contributions that an
11individual or committee may make under the ordinance may be less than the
12maximum amount for that contributor under s. 11.26 (1) (d), (2) (e) or (4). The
13ordinance may limit the total contributions that may be transferred by a conduit with
14respect to an election for city office. The ordinance may also prohibit a candidate or
15a committee from accepting any contribution made or transferred in violation of the
16ordinance. In addition, the ordinance may reasonably limit the aggregate amount
17of contributions that a candidate for city office may accept from committees. The
18maximum aggregate amount of contributions that a candidate may accept from
19committees under the ordinance may be less than the maximum amount for that
20candidate under s. 11.26 (9).
AB413,9,1121
(c)
Elections for town office. The board of supervisors of any town may, by
22ordinance, regulate the making and acceptance of contributions with respect to
23elections for town office. The ordinance may reasonably limit the contributions that
24an individual or a committee may make with respect to an election for town office and
25may reasonably limit the total contributions that an individual may make in a
1calendar year with respect to all elections for town office. The maximum amount of
2contributions that an individual or committee may make under the ordinance may
3be less than the maximum amount for that contributor under s. 11.26 (1) (d), (2) (e)
4or (4).
The ordinance may limit the total contributions that may be transferred by
5a conduit with respect to an election for town office. The ordinance may also prohibit
6a candidate or a committee from accepting any contribution made or transferred in
7violation of the ordinance. In addition, the ordinance may reasonably limit the
8aggregate amount of contributions that a candidate for town office may accept from
9committees. The maximum aggregate amount of contributions that a candidate may
10accept from committees under the ordinance may be less than the maximum amount
11for that candidate under s. 11.26 (9).
AB413,9,2512
(d)
Elections for village office. The board of trustees of any village may, by
13ordinance, regulate the making and acceptance of contributions with respect to
14elections for village office. The ordinance may reasonably limit the contributions
15that an individual or a committee may make with respect to an election for village
16office and may reasonably limit the total contributions that an individual may make
17in a calendar year with respect to all elections for village office. The maximum
18amount of contributions that an individual or committee may make under the
19ordinance may be less than the maximum amount for that contributor under s. 11.26
20(1) (d), (2) (e) or (4).
The ordinance may limit the total contributions that may be
21transferred by a conduit with respect to an election for village office. The ordinance
22may also prohibit a candidate or a committee from accepting any contribution made
23or transferred in violation of the ordinance. In addition, the ordinance may
24reasonably limit the aggregate amount of contributions that a candidate for village
25office may accept from committees. The maximum aggregate amount of
1contributions that a candidate may accept from committees under the ordinance may
2be less than the maximum amount for that candidate under s. 11.26 (9).
AB413,10,14
3(2) Election campaign fund. The board of supervisors of any county or town,
4the common council of any city or the board of trustees of any village may, by
5ordinance, provide appropriations to pay for any lawful disbursements made by a
6candidate for county, town, city or village office, respectively. An ordinance enacted
7under this subsection may establish reasonable qualifications that a candidate must
8meet to receive funding from the county, town, city or village. An ordinance enacted
9under this subsection may require a candidate to agree, as a condition of receiving
10funding, that he or she will make no contributions to his or her own campaign, no
11disbursements or neither contributions to his or her own campaign nor
12disbursements, in excess of an aggregate amount specified in the ordinance. The
13aggregate amount of disbursements specified in the ordinance may be less than the
14applicable amount specified for that candidate under s. 11.31 (1) (g) or (h).
AB413,10,25
15(3) Administration. (a)
County registration and reporting. The board of
16supervisors of any county may, by ordinance, require any committee, group or
17individual who or which is required to file a registration statement or report under
18this chapter and who or which makes, transfers or accepts contributions, incurs
19obligations or makes disbursements with respect to a county referendum or an
20election for county office but for whom or which the county clerk is not the filing
21officer under s. 11.02 or 11.20 to file with the county clerk by no later than the date
22provided for filing the registration statement under s. 11.05 (12) (b) a copy of any
23registration statement filed by the committee, group or individual and to file with the
24county clerk by no later than the date provided for filing the report under s. 11.12 (5)
25or (6) or 11.20 a copy of any report filed by the committee, group or individual.
AB413,11,11
1(b)
City registration and reporting. The common council of any city may, by
2ordinance, require any committee, group or individual who or which is required to
3file a registration statement or report under this chapter and who or which makes,
4transfers or accepts contributions, incurs obligations or makes disbursements with
5respect to a city referendum or an election for city office but for whom or which the
6city clerk is not the filing officer under s. 11.02 or 11.20 to file with the city clerk by
7no later than the date provided for filing the registration statement under s. 11.05
8(12) (b) a copy of any registration statement filed by the committee, group or
9individual and to file with the city clerk by no later than the date provided for filing
10the report under s. 11.12 (5) or (6) or 11.20 a copy of any report filed by the committee,
11group or individual.
AB413,11,2212
(c)
Town registration and reporting. The board of supervisors of any town may,
13by ordinance, require any committee, group or individual who or which is required
14to file a registration statement or report under this chapter and who or which makes,
15transfers or accepts contributions, incurs obligations or makes disbursements with
16respect to a town referendum or an election for town office but for whom or which the
17town clerk is not the filing officer under s. 11.02 or 11.20 to file with the town clerk
18by no later than the date provided for filing the registration statement under s. 11.05
19(12) (b) a copy of any registration statement filed by the committee, group or
20individual and to file with the town clerk by no later than the date provided for filing
21the report under s. 11.12 (5) or (6) or 11.20 a copy of any report filed by the committee,
22group or individual.
AB413,12,823
(d)
Village registration and reporting. The board of trustees of any village may,
24by ordinance, require any committee, group or individual who or which is required
25to file a registration statement or report under this chapter and who or which makes,
1transfers or accepts contributions, incurs obligations or makes disbursements with
2respect to a village referendum or an election for village office but for whom or which
3the village clerk is not the filing officer under s. 11.02 or 11.20 to file with the village
4clerk by no later than the date provided for filing the registration statement under
5s. 11.05 (12) (b) a copy of any registration statement filed by the committee, group
6or individual and to file with the village clerk by no later than the date provided for
7filing the report under s. 11.12 (5) or (6) or 11.20 a copy of any report filed by the
8committee, group or individual.
AB413,12,229
(e)
Local filing of campaign finance reports; electronic format. The board of
10supervisors of any county or town, the common council of any city or the board of
11trustees of any village may, by ordinance, require a campaign finance report filed
12with the county clerk, town clerk, city clerk or village clerk, respectively, to be filed
13by means of electronic transmission. An ordinance under this paragraph shall
14require a person to use software obtained from the elections board under s. 11.21 (17).
15The ordinance shall provide an exception from filing by means of electronic
16transmission for an indigent person. The ordinance may provide an exception from
17filing by means of electronic transmission for a person who or which accepts
18contributions in an aggregate amount that is less than an amount specified in the
19ordinance. The ordinance may require a person filing by means of electronic
20transmission to file a signed copy of the report recorded on a medium specified in the
21ordinance with the county clerk, town clerk, city clerk or village clerk by no later than
22the date prescribed for filing the report under the ordinance.
AB413,13,223
(f)
Penalties determined by local governments. The board of supervisors of any
24county or town, the common council of any city or the board of trustees of any village
25may, by ordinance, provide for a civil penalty for any violation of an ordinance
1enacted under this section or any agreement entered into under an ordinance
2enacted under this section.
AB413,13,8
3(4) Certification by board. The board shall promulgate rules establishing a
4procedure for board review of each ordinance enacted under this section. The rules
5shall require the board to certify each ordinance that complies with this section. An
6ordinance enacted under this section is not effective in any county, city, town or
7village until the date that the board certifies that the ordinance complies with this
8section.
AB413,13,1510
(1)
Submission of proposed rules governing certification of local campaign
11finance ordinances. No later than the first day of the 6th month beginning after
12publication, the elections board shall submit in proposed form the rules governing
13certification of county, city, town and village campaign finance ordinances under
14section 11.55 (4) of the statutes, as created by this act, to the legislative council staff
15under section 227.15 (1) of the statutes.
AB413,13,1817
(1)
The treatment of sections 7.19, 7.21 (1m), 11.55 and 11.21 (17) of the statutes
18takes effect on the first day of the 12th month beginning after publication.