AB955: Bill Text

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1999 - 2000 LEGISLATURE

1999 Assembly BILL 955

March 30, 2000 - Introduced by Representatives Pocan, Berceau, Boyle and Miller. Referred to Committee on Colleges and Universities.

AB955,2,2 An Act to renumber 5.60 (1) (a); to amend 5.02 (3) and (23), 5.58 (2) (title), 5.58 (3), 5.60 (1) (title), 5.60 (1) (b), 7.60 (4) (a), 7.60 (5), 7.70 (3) (d), 8.11 (3), 11.26 (9) (b), 11.50 (1) (a) 1. and 2., 11.50 (4) (intro.), 11.50 (4) (cm), 11.50 (7) (intro.), 11.50 (9), 15.07 (1) (cm), 15.07 (5) (intro.), 15.07 (5) (e), 15.91, 17.01 (2) and 25.42; to repeal and recreate 11.50 (3) (title); and to create 5.58 (2e), 5.60 (1) (a), 7.70 (6), 8.10 (3) (ae), 8.25 (6), 8.50 (4) (em), 9.10 (1) (e), 11.24 (1x), 11.25 (1x), 11.26 (1) (am) and (2) (am), 11.26 (9) (bm), 11.31 (1) (de), 11.50 (3m), 15.07 (1) (a) 7., 15.07 (5g), 17.02 (2), 17.17 (2), 17.19 (3t), 20.855 (4) (ba) and 36.115 of the statutes; relating to: the method of selection of the board of regents of the University of Wisconsin System, funding of campaigns for member of the board of regents of the University of Wisconsin System, compensation of certain members of the board of regents of the University of Wisconsin System, granting rule-making authority, making an appropriation and providing a penalty.

Analysis by the Legislative Reference Bureau

Currently, the board of regents of the University of Wisconsin System (board) is composed of 18 members. Fifteen members are appointed by the governor, subject to senate confirmation, and serve for staggered seven-year terms. One of the members is a student who serves for a two-year term. In addition, the state superintendent of public instruction and the president (or, by his or her designation, another member) of the state technical college system board serve as ex officio members. Under current law, members of the board are reimbursed for actual and necessary expenses incurred in performing their duties but are not compensated for their service on the board.

This bill requires each member of the board who is not a full-time state officer to be paid $10,000 annually. The bill also changes the method of selection of the members of the board to provide for the board to be composed of 15 members, nine of whom are to be elected by the electors of the state, one from each congressional district; four of whom are to be elected by the students of the University of Wisconsin (UW) System, one from each of four student regent districts created under the bill; one of whom is to be appointed by the technical college system board; and one of whom is to be the superintendent of public instruction. Under the bill, the members elected from each congressional district and the member appointed by the technical college system board serve for four-year terms. Student members serve for two-year terms. The bill directs the board to prescribe, by rule, a method for allowing all students at all campuses within the UW System the opportunity to vote by secret ballot to elect the student representatives to the board.

Under the bill, each board member who is elected from a congressional district and the board member who is appointed by the technical college system board must be an elector of the state. Each board member who is a student must be a student who is currently enrolled at an institution or college within the UW System. The board must promulgate rules to define who is "enrolled". These rules must specify that if an individual ceases to be enrolled due to graduation in the spring semester, the individual ceases to be enrolled effective July 1 following that semester.

Under the bill, contributions to candidates for publicly elected seats on the board are limited to $100 from a single source. No candidate may accept more than a total of 25% of the disbursement (expenditure) limit for the office from sources other than individuals. The bill provides for candidates for publicly elected seats on the board to be eligible to receive grants from the Wisconsin Election Campaign Fund, financed from state general purpose revenues, for campaign expenses. Under the bill, a candidate who accepts a grant is limited to disbursements of not more than $90,000 in the election and is eligible for a grant in the same amount. A candidate who accepts a grant may also make disbursements of not more than $10,000 prior to the date of the primary election or the date that the primary election would be held if a primary were required. A candidate who accepts a grant must also agree not to accept a contribution from any private source after the date of the primary election, or the date that the primary election would be held if a primary were required, other than for debt retirement purposes.

The bill directs the board to provide for primary elections to be held whenever there are more than two candidates for any student-elected seat on the board, and to provide grants of $9,000 to a candidate for purposes of campaign financing if a candidate agrees to be bound by an expenditure limit of $10,000. Of this amount, not more than $1,000 may be expended before the date of the primary election or the date that the primary election would be held if a primary were required. A candidate who accepts a grant must also agree not to accept a contribution from any private source after the date of the primary election or the date that the primary election would be held if a primary were required, other than for debt retirement purposes. Candidates for student-elected seats on the board are bound by a contribution limit of $100 from a single source and an aggregate contribution limit of 25% of the expenditure limit for the office that may be accepted from sources other than individuals.

The bill provides for vacancies on the board to be filled by appointment of the governor. With certain exceptions, a member appointed to fill a vacancy serves until a successor is elected. The elected successor then serves for the remaining portion of any unexpired term. If an election is required to fill a vacancy in the office of a member who is elected from a congressional district, the election must be held either at the succeeding spring election or at the second succeeding spring election, depending upon when the vacancy occurs. If an election is required to fill a vacancy in the office of a student member, the election must be held in the manner prescribed by the rules of the board.

Members of the current board are to be replaced on July 1 of the year following the date on which the bill becomes law. The bill becomes law on November 15 following the date of publication.

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:

AB955, s. 1 Section 1. 5.02 (3) and (23) of the statutes are amended to read:

AB955,3,4 5.02 (3) "Educational officer" means the state superintendent, member of the board of regents of the University of Wisconsin System elected under s. 8.25 (6) and school board members.

AB955,4,3 (23) "State office" means the offices of governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent, justice of the supreme court, member of the board of regents of the University of Wisconsin System elected under s. 8.25 (6), court of appeals judge, circuit court judge, state senator, state representative to the assembly and district attorney.

AB955, s. 2 Section 2. 5.58 (2) (title) of the statutes is amended to read:

AB955,4,6 5.58 (2) (title) State superintendent of public instruction Nonpartisan state officers; judiciary; county executive; and county supervisors supervisor.

AB955, s. 3 Section 3. 5.58 (2e) of the statutes is created to read:

AB955,4,15 5.58 (2e) Board of regents of University of Wisconsin System. There shall be a separate ballot for the seat of any member of the board of regents of the University of Wisconsin System that is filled by the electors of the state. Arrangement of the names on the ballot shall be determined by the board in the manner specified in s. 5.60 (1) (b). The ballot shall be titled "Official Primary Ballot for Member of the Board of Regents of the University of Wisconsin System". The candidates shall be designated on the ballot as follows: "For Member of the Board of Regents of the University of Wisconsin System, .... District".

AB955, s. 4 Section 4. 5.58 (3) of the statutes is amended to read:

AB955,5,9 5.58 (3) Names on spring ballot. Only 2 candidates for state superintendent, for member of the board of regents of the University of Wisconsin System within any congressional district, for any judicial office, for any elected seat on a metropolitan sewerage commission or town sanitary district commission, in counties having a population of 500,000 or more only 2 candidates for member of the board of supervisors within each district, in counties having a population of less than 500,000 only 2 candidates for each member of the county board of supervisors from each district or numbered seat or only 4 candidates for each 2 members of the county board of supervisors from each district whenever 2 supervisors are elected to unnumbered seats from the same district, in 1st class cities only 2 candidates for any at-large seat and only 2 candidates from any election district to be elected to the board of school directors, in school districts electing school board members to numbered seats, or pursuant to an apportionment plan or district representation plan, only 2 school board candidates for each numbered seat or within each district, and twice as many candidates as are to be elected members of other school boards or other elective officers receiving the highest number of votes at the primary shall be nominees for the office at the spring election. Only their names shall appear on the official spring ballot.

AB955, s. 5 Section 5. 5.60 (1) (title) of the statutes is amended to read:

AB955,5,12 5.60 (1) (title) State superintendent Nonpartisan state officers; judiciary; county executive; and county supervisors supervisor.

AB955, s. 6 Section 6. 5.60 (1) (a) of the statutes is renumbered 5.60 (1) (am).

AB955, s. 7 Section 7. 5.60 (1) (a) of the statutes is created to read:

AB955,5,17 5.60 (1) (a) There shall be a separate ballot for the seat of each member of the board of regents of the University of Wisconsin System that is elected by the electors of the state.

AB955, s. 8 Section 8. 5.60 (1) (b) of the statutes is amended to read:

AB955,6,5 5.60 (1) (b) The board shall certify the candidates' names and designate the official ballot arrangement for candidates for state superintendent, justice, member of the board of regents of the University of Wisconsin System, court of appeals judge, circuit judge, municipal judge elected under s. 755.01 (4) and, if commissioners are elected under s. 66.23 (11) (am), the metropolitan sewerage commission. The arrangement of names of all candidates on the ballot whose nomination papers are filed with the board shall be determined by the board by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all candidates for that office shall be held by or under the supervision of the board not later than the 3rd day following the completion of the primary canvass to determine the arrangement of candidates on the election ballot.

AB955, s. 9 Section 9. 7.60 (4) (a) of the statutes is amended to read:

AB955,6,23 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; members of the board of regents of the University of Wisconsin System; court of appeals judge; circuit judges; district attorneys; municipal judges, if they are elected under s. 755.01 (4); and metropolitan sewerage commissioners, if the commissioners are elected under s. 66.23 (11) (am). For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district or statewide referendum. Each statement shall state the total number of votes cast in the county for each office; the names of all persons for whom the votes were cast, as returned; the number of votes cast for each person; and the number of votes cast for and against any question submitted at a referendum. The board of canvassers shall use one copy of the statement to report to the elections board or technical college district board and shall file the other statement in the office of the county clerk or board of election commissioners.

AB955, s. 10 Section 10. 7.60 (5) of the statutes is amended to read:

AB955,8,2 7.60 (5) Reporting. Immediately following the canvass the county clerk shall deliver or send to the elections board, by 1st class mail, a certified copy of each statement of the county board of canvassers for president and vice president; state officials; senators and representatives in congress; state legislators; justice; members of the board of regents of the University of Wisconsin System; court of appeals judge; circuit judge; district attorney; municipal judge, if elected under s. 755.01 (4); and metropolitan sewerage commissioners, if the commissioners are elected under s. 66.23 (11) (am). The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on blanks prescribed by the elections board the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the elections board no later than 7 days after each primary and no later than 10 days after any other election. The board of canvassers shall deliver or transmit a certified copy of each statement for any technical college district referendum to the secretary of the technical college district board. If the board of canvassers becomes aware of a material mistake in the canvass of an election for state or national office or a statewide or technical college district referendum prior to the close of business on the day the elections board receives returns from the last county board of canvassers with respect to that canvass, the board of canvassers may petition the elections board to reopen and correct the canvass. The elections board shall direct the canvass to be reopened and corrected if it determines that the public interest so requires. If the elections board directs the canvass to be reopened, the board of canvassers shall reconvene and transmit a certified corrected copy of the canvass statement to the elections board or secretary of the technical college district board.

AB955, s. 11 Section 11. 7.70 (3) (d) of the statutes is amended to read:

AB955,8,16 7.70 (3) (d) When the certified statements and returns are received, the chairperson of the board shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; member of the board of regents of the University of Wisconsin System from each congressional district; court of appeals judge; circuit judge; district attorney; municipal judge, if he or she is elected under s. 755.01 (4); metropolitan sewerage commission, if the commissioners are elected under s. 66.23 (11) (am); and for any referenda questions submitted by the legislature.

AB955, s. 12 Section 12. 7.70 (6) of the statutes is created to read:

AB955,8,22 7.70 (6) Board of regents of University of Wisconsin System. The elections board shall provide to the secretary of the board of regents of the University of Wisconsin System a copy of the certified determination of the chairperson of the board for the election of each member of the board of regents from each congressional district.

AB955, s. 13 Section 13. 8.10 (3) (ae) of the statutes is created to read:

AB955,8,25 8.10 (3) (ae) For the office of member of the board of regents of the University of Wisconsin System, not less than 400 nor more than 800 electors.

AB955, s. 14 Section 14. 8.11 (3) of the statutes is amended to read:

AB955,9,6 8.11 (3) State. A primary shall be held if more than 2 candidates file nomination papers for the office of state superintendent, for justice, for member of the board of regents of the University of Wisconsin System within the same congressional district, for court of appeals judge in the same district or for judge of the same branch of circuit court.

AB955, s. 15 Section 15. 8.25 (6) of the statutes is created to read:

AB955,9,13 8.25 (6) Board of regents of University of Wisconsin System. One member of the board of regents of the University of Wisconsin System shall be elected from each of congressional districts 1, 2, 3 and 4 at the spring election held in 2003 and every 4 years thereafter. One member of the board of regents of the University of Wisconsin System shall be elected from each of congressional districts 5, 6, 7, 8 and 9 at the spring election held in 2005 and every 4 years thereafter.

AB955, s. 16 Section 16. 8.50 (4) (em) of the statutes is created to read:

AB955,9,23 8.50 (4) (em) A vacancy in the office of member of the board of regents of the University of Wisconsin System, which is filled by election under s. 8.25 (6), that occurs after the date of the spring election and on or before December 1 of the same year shall be filled for the residue of the unexpired term, if any, at the succeeding spring election, except as provided in s. 17.19 (3t). A vacancy in the office of member of the board of regents of the University of Wisconsin System, which is filled by election under s. 8.25 (6), that occurs during the period beginning on December 2 and ending on the date of the spring election shall be filled for the residue of the unexpired term, if any, at the 2nd succeeding spring election, except as provided in s. 17.19 (3t).

AB955, s. 17 Section 17. 9.10 (1) (e) of the statutes is created to read:

AB955,10,5 9.10 (1) (e) This subsection applies to the members of the board of regents of the University of Wisconsin System who are elected by the electors of this state. This subsection does not apply to the members of the board of regents of the University of Wisconsin System who are elected by the students of the University of Wisconsin System.

AB955, s. 18 Section 18. 11.24 (1x) of the statutes is created to read:

AB955,10,10 11.24 (1x) (a) No candidate or personal campaign committee of a candidate for member of the board of regents of the University of Wisconsin System who accepts a grant under s. 11.50 may accept any contribution after the date of the spring primary, or the date that the spring primary for that office would be held, if required.

AB955,10,13 (b) No person may intentionally make any contribution to a candidate for member of the board of regents of the University of Wisconsin System who has qualified to receive a grant under s. 11.50.

AB955, s. 19 Section 19. 11.25 (1x) of the statutes is created to read:

AB955,10,20 11.25 (1x) No candidate or personal campaign committee of a candidate for member of the board of regents of the University of Wisconsin System who accepts a grant under s. 11.50 may make any disbursement after the date of the spring primary, or the date that the spring primary for that office would be held, if required, other than from the proceeds of a grant, except to retire an obligation incurred in connection with the spring primary campaign.

AB955, s. 20 Section 20. 11.26 (1) (am) and (2) (am) of the statutes are created to read:

AB955,10,23 11.26 (1) (am) Candidates for member of the board of regents of the University of Wisconsin System, $100.

AB955,10,25 (2) (am) Candidates for member of the board of regents of the University of Wisconsin System, $100.

AB955, s. 21 Section 21. 11.26 (9) (b) of the statutes is amended to read:

AB955,11,7 11.26 (9) (b) No individual who is a candidate for state or local office other than member of the board of regents of the University of Wisconsin System may receive and accept more than 45% of the value of the total disbursement level determined under s. 11.31 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.

AB955, s. 22 Section 22. 11.26 (9) (bm) of the statutes is created to read:

AB955,11,13 11.26 (9) (bm) No individual who is a candidate for member of the board of regents of the University of Wisconsin System may receive and accept more than 25% of the value of the disbursement level determined under s. 11.31 in the primary election and no more than 25% of the value of the disbursement level determined under s. 11.31 in the election from all committees subject to a filing requirement.

AB955, s. 23 Section 23. 11.31 (1) (de) of the statutes is created to read:

AB955,11,16 11.31 (1) (de) Candidates for member of the board of regents of the University of Wisconsin System, $10,000 in the primary and $90,000 in the election.

AB955, s. 24 Section 24. 11.50 (1) (a) 1. and 2. of the statutes are amended to read:

AB955,12,2 11.50 (1) (a) 1. With respect to a spring or general election, any individual who is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice or, state superintendent or member of the board of regents of the University of Wisconsin System, or an individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except district attorney, for which the individual is a candidate at the September primary and who is certified under s. 7.08 (2) (a) as a candidate for that office in the general election, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at the spring or general election; and who has qualified for a grant under sub. (2).

AB955,12,23 2. With respect to a special election, an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for state superintendent or member of the board of regents of the University of Wisconsin System, or an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for any state office, except district attorney, on the ballot or column of a party whose candidate for the same office at the preceding general election received at least 6% of the vote cast for all candidates on all ballots for the office, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at a special election, or an individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except district attorney, at a partisan special election; and who qualifies for a grant under sub. (2). Where the boundaries of a district in which an individual seeks office have been changed since the preceding general election such that it is not possible to calculate the exact number of votes that are needed by that individual to qualify as an eligible candidate prior to an election under this subdivision, the number of votes cast for all candidates for the office at the preceding general election in each ward, combination of wards or municipality which is wholly contained within the boundaries of the newly formed district shall be calculated. If the candidate of the political party on whose ballot or column the individual appears in the newly formed district obtained at least 6% of the number of votes calculated, the individual is deemed to qualify as an eligible candidate prior to the election under this subdivision.

AB955, s. 25 Section 25. 11.50 (3) (title) of the statutes is repealed and recreated to read:

AB955,12,25 11.50 (3) (title) Candidates for justice and state superintendent.

AB955, s. 26 Section 26. 11.50 (3m) of the statutes is created to read:

AB955,13,4 11.50 (3m) Candidates for member of board of regents. The board shall establish a board of regents account into which the board shall deposit the moneys transferred to the fund from the appropriation under s. 20.855 (4) (ba).

AB955, s. 27 Section 27. 11.50 (4) (intro.) of the statutes is amended to read:

AB955,13,8 11.50 (4) Partisan and special election candidates. (intro.) After apportionment and distribution of the moneys under sub. subs. (3) and (4), the remaining moneys shall constitute the partisan campaign account.

AB955, s. 28 Section 28. 11.50 (4) (cm) of the statutes is amended to read:

AB955,13,20 11.50 (4) (cm) Each eligible candidate for the same office at a special election shall receive an equal amount, which amount shall be equivalent to the maximum grant which was payable to any candidate for that office at the most recent spring or general election. The Except in the case of a candidate for member of the board of regents of the University of Wisconsin System, the amount shall be drawn from the senate campaign account and the assembly campaign account in the same proportions as the balance in each account bears to the total balance in both accounts at the time that payments are made. Whenever there are insufficient moneys in the senate campaign account and the assembly campaign account to make the payments required by this paragraph, payments shall be appropriately reduced or discontinued by the board.

AB955, s. 29 Section 29. 11.50 (7) (intro.) of the statutes is amended to read:

AB955,14,2 11.50 (7) Utilization. (intro.) Grants distributed under this section may be utilized only for deposit in a campaign depository account under s. 11.10. Grants A grant received by a candidate for the office of member of the board of regents of the University of Wisconsin System may be expended for any lawful political purpose. A grant received by a candidate for any other office may be expended only for one or more of the following:

AB955, s. 30 Section 30. 11.50 (9) of the statutes is amended to read:

AB955,14,17 11.50 (9) Limitation on grants. The total grant available to an eligible candidate for the office of member of the board of regents of the University of Wisconsin System may not exceed that amount which, when added to all other contributions accepted from other sources that are disbursed or lawfully disbursable under s. 11.25 (1x), is equal to 100% of the disbursement level prescribed for that office at the spring election under s. 11.31. The total grant available to an eligible candidate for any other office 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% of the disbursement level specified for the applicable office under s. 11.31. 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.

AB955, s. 31 Section 31. 15.07 (1) (a) 7. of the statutes is created to read: