LRB-2975/2
RJM:cmh:km
1999 - 2000 LEGISLATURE
July 15, 1999 - Introduced by Representatives Pocan, Berceau, Miller, Black,
Boyle, Huber, La Fave, J. Lehman and Wasserman, cosponsored by Senators
Risser and Clausing. Referred to Committee on Campaigns and Elections.
AB413,1,5
1An Act to create 7.19, 7.21 (1m), 11.21 (17) and 11.55 of the statutes;
relating
2to: county, city, town and village authority to create local elections boards and
3to regulate the financing of campaigns for county, city, town and village offices,
4duties of municipal and county boards of election commissioners and granting
5rule-making authority.
Analysis by the Legislative Reference Bureau
Currently, state law regulates the financing of campaigns for both state and
local offices. Under current law, neither a county nor a town has authority to regulate
the financing of campaigns for local office. A city and a village may have this
authority under constitutional home rule powers if the subject of the particular city
ordinance is considered to be a "local affair". This bill specifically authorizes a
county, city, town or village to enact ordinances regulating the financing of
campaigns for county, city, town or village office, respectively. An ordinance enacted
under this bill becomes effective in the county, city, town or village after the state
elections board (board) certifies that the ordinance is in compliance with this bill.
The significant aspects of the authority granted under this bill include:
Local regulation of campaign contributions
Current law limits the amount of contributions that may be given to and
accepted by a candidate for local office. The maximum amount that an individual
may contribute to a local campaign is the greater of $250 or one cent times the
population of the jurisdiction for which the candidate seeks office, but not more than
$3,000. The maximum amount that a committee other than a political party
committee or legislative campaign committee may contribute to a local campaign is
the greater of $200 or three-fourths of one cent times the population of the
jurisdiction for which the candidate seeks office, but not more than $2,500. Current
law also prohibits an individual from contributing an aggregate total of more than
$10,000 in a calendar year to all candidates for state and local office. Currently, for
the purpose of determining compliance with campaign finance laws, a contribution
transferred from a conduit is treated as a contribution from the original contributor.
In addition, current law limits the aggregate amount of contributions that a
candidate for local office may accept from all political committees, including political
party committees. For candidates for county office in a county with a population of
500,000 or more (Milwaukee County), these maximum aggregate amounts are
approximately as follows:
(a) County executive, $175,200.
(b) County supervisor, $11,200.
(c) Other county offices, $70,100.
For candidates for city office in a first class city (currently only Milwaukee),
these maximum aggregate amounts are approximately as follows:
(a) Mayor, $175,200.
(b) City attorney, $105,100.
(c) Alderperson, $11,200.
(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.