AB701: Bill Text

AB701, s. 35 Section 35. 9.01 (1) (ar) 3. of the statutes is amended to read:

AB701,29,15 9.01 (1) (ar) 3. Upon receipt of Whenever a clerk receives a valid petition and any payment under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers. Upon receipt of Whenever the board receives a valid petition by the board and any payment under par. (ag) 3., the board shall promptly by certified mail or other expeditious means order the proper county boards of canvassers to commence the recount. County boards of canvassers shall convene no later than 9 a.m. on the second day following after receipt of an order and may adjourn for not more than one day at a time until the recount is completed in the county, except that the board may permit extension of the time for adjournment. Returns from a recount ordered by the board shall be transmitted to the office of the board as soon as possible, but in no case later than 13 days from the date of the order of the board directing the recount. The chairperson of the board may not make a determination in any election if a recount is pending before any county board of canvassers in that election. The chairperson of the board need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making his or her determinations.

AB701, s. 36 Section 36. 9.01 (1) (b) 11. of the statutes is amended to read:

AB701,29,23 9.01 (1) (b) 11. All steps of the recount shall be performed publicly. All Except as provided in subd. 12., all materials and ballots may be viewed and identified by the candidates, the person demanding the recount and their authorized representatives and counsel, but only members of the board of canvassers and tabulators assisting them may touch any of the materials or ballots. The candidates, the person demanding the recount and their authorized representatives and counsel may object to the counting of any ballot. Any errors shall be corrected.

AB701, s. 37 Section 37. 9.01 (1) (b) 12. of the statutes is created to read:

AB701,30,3 9.01 (1) (b) 12. Except as authorized in s. 6.47 (8), the board of canvassers shall not permit access to the name of any elector who has obtained a confidential listing under s. 6.47 (2) during the recanvass.

AB701, s. 38 Section 38. 11.01 (11) of the statutes is amended to read:

AB701,30,9 11.01 (11) "Incurred obligation" means every express obligation to make any contribution or disbursement including every loan, guarantee of a loan or other obligation or payment for any goods, or for any services which have been performed or are to be performed in the future, that is incurred by a candidate, any person, including any committee, individual or group, for political purposes.

AB701, s. 39 Section 39. 11.05 (2r) of the statutes is amended to read:

AB701,31,6 11.05 (2r) (a) Any person, committee or group, other than a committee or individual required to file an oath a statement under s. 11.06 (7) (a), who or which does not anticipate accepting contributions, making disbursements or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in that year may indicate on its registration statement that the person, committee or group will not accept contributions, incur obligations or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in such year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source, other than contributions made by a candidate to his or her own campaign, during that year, whichever is earlier. If the revocation is not timely, the registrant violates s. 11.27 (1).

AB701, s. 40 Section 40. 11.05 (3) (q) of the statutes is created to read:

AB701,31,16 11.05 (3) (q) In the case of a registrant who or which does not maintain a street address within this state, a report providing the information specified by the board for the portion of the year in which the registrant initially files a statement under this section before filing that statement and the one-year period preceding the beginning of that year, plus any additional period required under sub. (7m) to enable the registrant to make a contribution or disbursement from the property or funds. The report required under this paragraph may be filed no later than 10 days following the remainder of a statement filed under this section. A registration lapses if the report required under this paragraph is not filed in a timely manner.

AB701, s. 41 Section 41. 11.05 (7) of the statutes is amended to read:

AB701,32,3 11.05 (7) Change in status of new registrant. Notwithstanding sub. (6) Except as provided in sub. (7m), any individual or organization who or which has received property or funds which were not intended for political purposes in connection with an election for state or local office at the time of receipt may make contributions or disbursements from such property or funds in connection with an election for state or local office if the individual or organization complies with applicable provisions of sub. (1), (2) or (2g) as soon as such intent changes. For purposes of s. 11.06 (1), all property or funds which are in a registrant's the possession of such an individual or organization on the date of registration under this section shall be treated as received on the date that such intent changes so that the property or funds are to be used for political purposes in connection with an election for state or local office.

AB701, s. 42 Section 42. 11.05 (7m) of the statutes is created to read:

AB701,32,19 11.05 (7m) Nonresident registrants; additional information. If a registrant who or which does not maintain a street address in this state has property or funds in the possession of the registrant on the date of registration from which the registrant wishes to make a contribution or disbursement, the registrant may make a contribution or disbursement from the property or funds to the extent permitted under this chapter if the registrant obtained the property or funds from sources and in amounts that were lawful under this chapter at the time that the property or funds were received by the registrant, and the registrant reports to the appropriate filing officer the information specified by the board under sub. (3) (q) with respect to the property or funds prior to making any contribution or disbursement from the property or funds. For purposes of determining the source of property or funds in the possession of a registrant at the time of registration under this subsection, the property and funds in the possession of a registrant shall be allocated to the sources from which the registrant received property and funds in the inverse order in which the property and funds were chronologically received.

AB701, s. 43 Section 43. 11.06 (1) (intro.) of the statutes is amended to read:

AB701,33,2 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) and (3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

AB701, s. 44 Section 44. 11.06 (1) (h) of the statutes is amended to read:

AB701,33,7 11.06 (1) (h) An itemized statement of every incurred obligation exceeding $20 in amount or value, together with the name of the person or business with whom the obligation was incurred, and the date and the specific purpose for which each such the obligation was incurred.

AB701, s. 45 Section 45. 11.06 (3) (b) of the statutes is repealed.

AB701, s. 46 Section 46. 11.06 (3r) of the statutes is repealed.

AB701, s. 47 Section 47. 11.06 (3x) of the statutes is created to read:

AB701,33,16 11.06 (3x) Return of contributions. Each registrant who or which receives an unlawful contribution or a contribution in an amount or value that exceeds the amount or value that is permitted to be received from the donor shall promptly return the contribution or portion thereof that is unlawfully contributed to the donor or, if the contribution is made anonymously, shall donate the contribution to the common school fund.

AB701, s. 48 Section 48. 11.06 (4) (b) of the statutes is amended to read:

AB701,34,2 11.06 (4) (b) Unless Each registrant who or which receives any contribution shall report the contribution as received and accepted on the date received, unless it is returned or donated within 15 30 days of receipt, a contribution must be reported as received and accepted on the date received. For purposes of this chapter, a contribution is considered to be accepted if it is not returned or donated within the period prescribed under this paragraph. This subsection paragraph applies notwithstanding the fact that the contribution is not deposited in the into a campaign depository account by the closing date for the a reporting period as provided in s. 11.20 (8) or the reporting deadline provided in s. 11.21 (16).

AB701, s. 49 Section 49. 11.12 (4) of the statutes is amended to read:

AB701,34,8 11.12 (4) Each registrant shall report contributions, disbursements and incurred obligations in accordance with s. 11.20, and if the registrant files reports under s. 11.21 (16), in accordance with s. 11.21 (16). Except as permitted under s. 11.06 (2), (3) and (3m), each report shall contain the information which is required under s. 11.06 (1).

AB701, s. 50 Section 50. 11.14 (3) of the statutes is amended to read:

AB701,34,22 11.14 (3) Notwithstanding sub. (1), any candidate who serves as his or her own campaign treasurer and who is authorized to make and makes an indication on his or her registration statement exempted from reporting under s. 11.05 (2r) that he or she will not accept contributions, make disbursements or incur obligations in an aggregate amount exceeding $1,000 in a calendar year, and will not accept any contribution or contributions from a single source, other than contributions made by the candidate to his or her own campaign, exceeding $100 in a calendar year, may designate a single personal account as his or her campaign depository account, and may intermingle personal and other funds with campaign funds. If a separate depository account is later established by the candidate, the candidate shall transfer all campaign funds in the personal account to the new depository account. Disbursements made from such personal account need not be identified in accordance with s. 11.16 (3).

AB701, s. 51 Section 51. 11.20 (10) (a) of the statutes is amended to read:

AB701,35,5 11.20 (10) (a) Where a requirement is imposed under this section for the filing of a financial report which is to be received by the appropriate filing officer no later than a certain date, the requirement may be satisfied either by actual receipt of the report by the prescribed time for filing at the office of the filing officer, or by filing a report with the U.S. postal service by first class mail with sufficient prepaid postage, addressed to the appropriate filing officer, no later than the 3rd day before the date provided by law for receipt of such report.

AB701, s. 52 Section 52. 11.21 (15) of the statutes is amended to read:

AB701,35,12 11.21 (15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin election campaign fund of the dollar amount of the applicable disbursement limitation under s. 11.31 (1), adjusted as provided in s. 11.31 (9), which applies to the office for which such person is a candidate. Failure to receive the notice required by this subsection does not constitute a defense to a violation of s. 11.27 (1) or 11.31.

AB701, s. 53 Section 53. 11.21 (18) of the statutes is created to read:

AB701,35,22 11.21 (18) Conduct a biennial review of campaign finance practices in this state. The review shall include an assessment of the continued appropriateness of the contribution limitations prescribed in s. 11.26 and any other important problems that require the attention of the legislature. If the board concludes that any of the contribution limitations prescribed in s. 11.26 should be increased or that any other action should be taken as a result of its review, the board shall transmit its conclusions and recommendations to the appropriate standing committees of each house of the legislature under s. 13.172 (3), together with information supporting the board's conclusions, no later than January 1 of each odd-numbered year.

AB701, s. 54 Section 54. 11.25 (2) (ap) of the statutes is created to read:

AB701,36,2 11.25 (2) (ap) No committee identified under s. 11.05 (3) (c) as a special interest committee that receives a contribution made or transferred to the committee in violation of this chapter may make a disbursement from the property or funds that constitute that contribution.

AB701, s. 55 Section 55. 11.26 (2) (a) of the statutes is amended to read:

AB701,36,7 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) , as adjusted under s. 11.31 (9).

AB701, s. 56 Section 56. 11.26 (8m) of the statutes is created to read:

AB701,36,12 11.26 (8m) (a) No committee identified under s. 11.05 (3) (c) as a special interest committee may make any contribution or contributions in an amount or value exceeding $100 cumulatively within a calendar year to any other committee identified under s. 11.05 (3) (c) as a special interest committee.

AB701,36,15 (b) No conduit may transfer any contribution or contributions in an amount or value exceeding $100 cumulatively within a calendar year to any committee identified under s. 11.05 (3) (c) as a special interest committee.

AB701, s. 57 Section 57. 11.26 (9) (a) of the statutes is amended to read:

AB701,36,22 11.26 (9) (a) (intro.) No individual who is a candidate for state or local office may receive and accept more than 65% 60% of the value of the total disbursement level determined under s. 11.31 (1), as adjusted under 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.

AB701, s. 58 Section 58. 11.26 (9) (b) of the statutes is amended to read:

AB701,37,4 11.26 (9) (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 determined under s. 11.31 (1), as adjusted under 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.

AB701, s. 59 Section 59. 11.31 (1) (a) of the statutes is amended to read:

AB701,37,6 11.31 (1) (a) Candidates for governor, $1,078,200 $2,500,000.

AB701, s. 60 Section 60. 11.31 (1) (b) of the statutes is amended to read:

AB701,37,8 11.31 (1) (b) Candidates for lieutenant governor, $323,475 $400,000.

AB701, s. 61 Section 61. 11.31 (1) (c) of the statutes is amended to read:

AB701,37,10 11.31 (1) (c) Candidates for attorney general, $539,000 or justice, $400,000.

AB701, s. 62 Section 62. 11.31 (1) (cm) of the statutes is created to read:

AB701,37,12 11.31 (1) (cm) Candidates for state superintendent, $250,000.

AB701, s. 63 Section 63. 11.31 (1) (d) of the statutes is amended to read:

AB701,37,15 11.31 (1) (d) Candidates for secretary of state, or state treasurer, justice or state superintendent, $215,625 $100,000.

AB701, s. 64 Section 64. 11.31 (1) (e) and (f) of the statutes are amended to read:

AB701,37,19 11.31 (1) (e) Candidates for state senator, $34,500 $70,000 total in the primary and election, with disbursements not exceeding $21,575 $43,775 for either the primary or the election.

AB701,37,22 (f) Candidates for representative to the assembly, $17,250 $35,000 total in the primary and election, with disbursements not exceeding $10,775 $21,850 for either the primary or the election.

AB701, s. 65 Section 65. 11.31 (2) of the statutes is amended to read:

AB701,38,13 11.31 (2) Limitation imposed. 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 election campaign fund may make or authorize total disbursements from the his or her 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 election campaign fund may make or authorize total disbursements from the his or her 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 s. 11.50 (2) (i) applies.

AB701, s. 66 Section 66. 11.31 (3) of the statutes is amended to read:

AB701,38,20 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 election campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b), as adjusted under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

AB701, s. 67 Section 67. 11.31 (3m) of the statutes is amended to read:

AB701,39,8 11.31 (3m) Unopposed candidates; exception. Notwithstanding subs. (1) and (2), if all candidates for state senator or representative to the assembly in a legislative district who are certified under s. 7.08 (2) (a) to appear on the September primary ballot of all parties recognized under s. 5.62 (1) (b) or (2) have no opponent who is certified to appear on the same primary ballot, or if no primary is required for all candidates of parties recognized under s. 5.62 (1) (b) or (2) for state senator or representative to the assembly in a legislative district who are certified under s. 8.50 (1) (d) to appear on a special partisan election ballot, then the separate limitation specified in sub. (1), as adjusted under sub. (9), for disbursements during the primary and election period does not apply to candidates for that office in that primary and election, and the candidates are bound only by the total limitations specified in sub. (1) for the primary and election, as adjusted under sub. (9).

AB701, s. 68 Section 68. 11.31 (4) of the statutes is amended to read:

AB701,39,18 11.31 (4) Allocation. Except as provided in sub. (3m), whenever a separate disbursement level is specified for a primary and election under sub. (1), a candidate who disburses less than the authorized level in the primary may not reallocate the balance to increase the level in the election. Whenever a separate disbursement level is not specified for a primary and election under sub. (1), a candidate may allocate disbursements between the primary and election campaign within the total level of disbursements specified in sub. (1), as adjusted under sub. (9), in any proportion desired, and may carry over unexpended contributions from a primary campaign to an election campaign.

AB701, s. 69 Section 69. 11.31 (9) of the statutes is created to read:

AB701,39,23 11.31 (9) Adjustment of disbursement levels. (a) In this subsection, "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.

AB701,40,13 (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 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 2001. For each biennium, the board shall multiply that result 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.

AB701, s. 70 Section 70. 11.395 of the statutes is created to read:

AB701,40,19 11.395 Contributions by foreign nationals prohibited. (1) In this section, "foreign national" means a foreign principal, as defined in 22 USC 611 (b), other than a citizen of the United States, or an individual who is not a citizen of the United States and is not lawfully admitted for permanent residence, as defined in 8 USC 1101 (a) (20).

AB701,40,20 (2) No foreign national may make a contribution.

AB701, s. 71 Section 71. 11.50 (2) (a) of the statutes is amended to read:

AB701,41,11 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 (1), 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 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) applies.

AB701, s. 72 Section 72. 11.50 (2) (b) 3m. of the statutes is created to read:

AB701,41,15 11.50 (2) (b) 3m. The candidate and his or her personal campaign committee are in compliance with all obligations imposed upon the candidate under this section with respect to any grant previously received by the candidate.

AB701, s. 73 Section 73. 11.50 (2) (b) 5. of the statutes is amended to read:

AB701,42,16 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 who are residents of this state, 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. In the case of a candidate for legislative office, at least 50% of the contributions shall be received from individuals who are residents of a county having territory within the district in which the candidate seeks office. 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 for the office of governor, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation under s. 11.31 (1), as adjusted under s. 11.31 (9). For a candidate for any other candidate at the general election state office, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation under s. 11.31 (1), as adjusted under s. 11.31 (9).

AB701, s. 74 Section 74. 11.50 (2) (g) of the statutes is amended to read:

AB701,42,25 11.50 (2) (g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), as adjusted under s. 11.31 (9) as binding upon himself or herself and his or her agents during the campaign as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or par. (i) applies.

AB701, s. 75 Section 75. 11.50 (2) (i) of the statutes is amended to read:

AB701,43,13 11.50 (2) (i) Notwithstanding par. (g), if an eligible candidate at the spring election or a special nonpartisan election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive at least 6% of the vote cast for all candidates for the same office on all ballots at the September primary or a special partisan primary if a primary was held, and in either case if any such opponent of the eligible candidate does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution limitations prescribed in s. 11.26 and the disbursement limitation prescribed under s. 11.31 (2), as adjusted under s. 11.31 (9), unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m).

AB701, s. 76 Section 76. 11.50 (8) of the statutes is amended to read:

AB701,44,2 11.50 (8) Lapsing grants. All grants disbursed under sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys and all other income received by a candidate that are unspent and unencumbered by a the candidate on the day after the election in which the candidate participates shall revert to the state, up to the total amount of the grant received by that candidate. All deposits and refunds derived from grant moneys that are received by a candidate at any time after the day of the election in which the candidate participates shall revert to the state to the extent that the deposits and refunds, when combined with other unencumbered moneys in the campaign depository account of that candidate, do not exceed the amount of the grant received by that candidate. All reversions shall be returned to the board by the candidate and shall be deposited in the fund.

AB701, s. 77 Section 77. 11.50 (9) of the statutes is renumbered 11.50 (9) (intro.) and amended to read:

AB701,44,14 11.50 (9) Limitation on grants. (intro.) The total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees, is equal to 45% the percentage of the disbursement level specified in this subsection for the applicable office under s. 11.31 (1), as adjusted under s. 11.31 (9). The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection. The percentage is:

AB701, s. 78 Section 78. 11.50 (9) (a) and (b) of the statutes are created to read: