SB111: Bill Text

SB111, s. 29 Section 29. 11.26 (9) (a) of the statutes is renumbered 11.26 (9) and amended to read:

SB111,20,11 11.26 (9) No individual who is a candidate for state or local office may receive and accept more than 65% 25% of the value of the total disbursement level for candidates other than first-time candidates, as determined under s. 11.31 (1) and adjusted as provided 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 and committees serving as conduits.

SB111, s. 30 Section 30. 11.26 (9) (b) and (c) of the statutes are repealed.

SB111, s. 31 Section 31. 11.26 (10) of the statutes is amended to read:

SB111,21,4 11.26 (10) No candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make contributions of more than 200% of the amounts specified in sub. (1) to the candidate's own campaign from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, 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. For purposes of this subsection, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.

SB111, s. 32 Section 32. 11.26 (12m) of the statutes is amended to read:

SB111,21,8 11.26 (12m) For purposes of this section subs. (1) and (4), a contribution of money received from a conduit identified in the manner prescribed in s. 11.06 (11) (a) shall be considered a contribution received from the original contributor.

SB111, s. 33 Section 33. 11.26 (13) of the statutes is amended to read:

SB111,21,12 11.26 (13) Except as provided in sub. (9), contributions Contributions received from the Wisconsin election campaign fund are not subject to limitation by this section.

SB111, s. 34 Section 34. 11.31 (1) (intro.) of the statutes is amended to read:

SB111,21,18 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. The levels are subject to adjustment under subs. (1m) and (9). Except as provided in sub. (2), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.

SB111, s. 35 Section 35. 11.31 (1) (a) to (d) of the statutes are amended to read:

SB111,21,20 11.31 (1) (a) Candidates for governor, $1,078,200 $3,500,000.

SB111,21,21 (b) Candidates for lieutenant governor, $323,475 $1,125,000.

SB111,21,22 (c) Candidates for attorney general, $539,000 $750,000.

SB111,21,24 (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625 $350,000.

SB111, s. 36 Section 36. 11.31 (1) (de) of the statutes is created to read:

SB111,22,1 11.31 (1) (de) Candidates for justice, $400,000.

SB111, s. 37 Section 37. 11.31 (1) (e) and (f) of the statutes are amended to read:

SB111,22,5 11.31 (1) (e) Candidates for state senator, $34,500 total in the primary and election, with disbursements not exceeding $21,575 for either the primary or the election $100,000.

SB111,22,8 (f) Candidates for representative to the assembly, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election $50,000.

SB111, s. 38 Section 38. 11.31 (1m) of the statutes is created to read:

SB111,22,12 11.31 (1m) Disbursement level for first-time candidates. The disbursement level for a first-time candidate is 110% of the amount specified in sub. (1) for any other candidate, adjusted as provided under sub. (9).

SB111, s. 39 Section 39. 11.31 (2) of the statutes is amended to read:

SB111,23,3 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 campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1) or (1m), whichever is applicable, 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 campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1) or (1m), whichever is applicable, 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.

SB111, s. 40 Section 40. 11.31 (2m) of the statutes is repealed.

SB111, s. 41 Section 41. 11.31 (3) of the statutes is amended to read:

SB111,23,11 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), adjusted as provided under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

SB111, s. 42 Section 42. 11.31 (3m) of the statutes is repealed.

SB111, s. 43 Section 43. 11.31 (4) of the statutes is repealed.

SB111, s. 44 Section 44. 11.31 (7) (a) to (c) of the statutes are amended to read:

SB111,24,4 11.31 (7) (a) For purposes of this section, except as provided in pars. (b) and (c), the "campaign" of a candidate extends from July 1 preceding the date on which the spring primary or election occurs or January 1 preceding the date on which the September primary or general election occurs for the office which the candidate seeks, or from the date of the candidate's public announcement the day after the date on which the previous campaign of a candidate ends or the date on which a candidate becomes a candidate at a future election, whichever is earlier, through the last day of the month following the month in which the an election or primary is held at which a candidate seeks office. If a candidate seeks office at both a primary election and at a general, spring or special election which follows that primary election, the "campaign" of that candidate extends through the last day of the month following the general, spring or special election. If a candidate seeks office at a primary election but not at the general, spring or special election which follows that primary election, the "campaign" of that candidate extends through the end of the month following the primary election.

SB111,24,7 (b) Disbursements which are made before a campaign the period specified in par. (a) for goods to be delivered or services to be rendered in connection with the a campaign are charged against the disbursement limitation for that campaign.

SB111,24,10 (c) Disbursements which are made after a campaign the period specified in par. (a) to retire a debt incurred in relation to a campaign are charged against the disbursement limitation for that campaign.

SB111, s. 45 Section 45. 11.31 (7) (d) of the statutes is repealed.

SB111, s. 46 Section 46. 11.31 (9) of the statutes is created to read:

SB111,24,13 11.31 (9) Adjustment of disbursement levels. (a) In this subsection:

SB111,24,16 1. "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.

SB111,24,19 2. "Voting age population of this state" means the voting age population of this state, as determined by the federal election commission in its most recent determination prior to the date of any calculation under this subsection.

SB111,25,13 (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 voting age population of this state on December 31 of each odd-numbered year and the voting age population of this state on December 31, 2001. The board shall then 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 first multiply the disbursement levels by the percentage difference in the voting age populations. The board shall then multiply that product 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.

SB111, s. 47 Section 47. 11.50 (1) (a) 1. (intro.) of the statutes is created to read:

SB111,25,16 11.50 (1) (a) 1. (intro.) For purposes of qualification for a grant from the general account:

SB111, s. 48 Section 48. 11.50 (1) (a) 1. of the statutes is renumbered 11.50 (1) (a) 1. a.

SB111, s. 49 Section 49. 11.50 (1) (a) 2. of the statutes is renumbered 11.50 (1) (a) 1. b. and amended to read:

SB111,26,14 11.50 (1) (a) 1. b. 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 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.

SB111, s. 50 Section 50. 11.50 (1) (a) 2. of the statutes is created to read:

SB111,26,21 11.50 (1) (a) 2. For purposes of qualification for a grant from a political party account, an individual who is certified under s. 7.08 (2) (a) in the general election or a special election as the candidate of an eligible political party for a state office, other than district attorney, or an individual who has been lawfully appointed and certified to replace such an individual on the ballot at the general or a special election; and who has qualified for a grant under sub. (2).

SB111, s. 51 Section 51. 11.50 (1) (am) of the statutes is created to read:

SB111,26,23 11.50 (1) (am) "Eligible political party" means any of the following:

SB111,27,2 1. A party qualifying under s. 5.62 (1) (b) for a separate ballot or one or more separate columns or rows on a ballot for the period beginning on the date of the preceding general election and ending on the day before the general election that follows that election.

SB111,27,11 2. A party qualifying under s. 5.62 (2) for a separate ballot or one or more separate columns or rows on a ballot for the period beginning on the preceding June 1, or if that June 1 is in an odd-numbered year, the period beginning on June 1 of the preceding even-numbered year, and ending on May 31 of the 2nd year following that June 1, whose state chairperson has filed a statement with the board no earlier than May 1 preceding that period certifying that the party has held a state convention within the 2-year period preceding the date of the statement, has adopted a state constitution that is in effect on the date of the statement and has elected state officers who are in office on the date of the statement.

SB111, s. 52 Section 52. 11.50 (1) (bm) and (cm) of the statutes are created to read:

SB111,27,14 11.50 (1) (bm) "General account" means the account in the fund created under sub. (2w).

SB111,27,16 (cm) "Political party account" means an account in the fund created under sub. (2s).

SB111, s. 53 Section 53. 11.50 (2) (a) of the statutes is renumbered 11.50 (2) (a) (intro.) and amended to read:

SB111,28,22 11.50 (2) (a) (intro.) 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 receive a grant. On the application, the individual shall indicate the office for which the individual wishes to be considered an eligible candidate and the next election at which the office is to be filled. An application may be filed no earlier than the day after the previous election for the office and 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 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. The application shall also contain a statement that the candidate filing the application agrees to return to the board all grant moneys received by the candidate which exceed the total amount of disbursements by the candidate's personal campaign committee that were made or obligated after the date of the primary election. An application submitted under this paragraph constitutes an irrevocable agreement to abide by its terms, except that the agreement is not effective if the board determines that the candidate is not eligible to receive a grant. An agreement is effective on the first day of the 2nd month following the previous election for the office to be filled or the date that the office is filled, whichever is later. An agreement expires on the last day of the month following the month in which the spring, general or special election for which the grant is provided occurs, except that:

SB111, s. 54 Section 54. 11.50 (2) (a) 1. and 2. of the statutes are created to read:

SB111,29,3 11.50 (2) (a) 1. If a candidate seeks office at a special election after entering into an agreement under this paragraph to receive a grant for the next spring or general election, the previous agreement does not bind the candidate entering into the agreement with respect to disbursements made or obligated for the special election campaign.

SB111,29,6 2. If a candidate's personal campaign committee files a valid termination report prior to the date that an agreement by that candidate would otherwise expire under this paragraph, the agreement expires on the date on which the report is filed.

SB111, s. 55 Section 55. 11.50 (2) (b) 3m. of the statutes is created to read:

SB111,29,9 11.50 (2) (b) 3m. The candidate has appointed a personal campaign committee which is registered under s. 11.05 (2g).

SB111, s. 56 Section 56. 11.50 (2) (b) 5. of the statutes is amended to read:

SB111,30,12 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 an amount equal to at least the amount provided in this subdivision 5% of the applicable authorized disbursement limitation for candidates other than first-time candidates, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9), from contributions of money, other than loans, made by individuals at least 50% of whom 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 at a special election, which contributions are in the aggregate amount of $100 $50 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 may not be considered as a contribution made by the an individual for the purpose of qualifying for a grant under this subdivision. In the case of a candidate for legislative office, at least 50% of the contributions shall be received from individuals who are residents of the district in which the candidate seeks office. Only the first $100 $50 of an aggregate contribution of more than $100 $50 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, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation under s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation under s. 11.31.

SB111, s. 57 Section 57. 11.50 (2) (g) of the statutes is amended to read:

SB111,30,21 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 as binding upon himself or herself and his or her agents during the campaign of that candidate, 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.

SB111, s. 58 Section 58. 11.50 (2) (h) of the statutes is repealed.

SB111, s. 59 Section 59. 11.50 (2) (i) of the statutes is amended to read:

SB111,31,10 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, unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m).

SB111, s. 60 Section 60. 11.50 (2m) of the statutes is created to read:

SB111,31,22 11.50 (2m) Public information. There is established a public information account within the fund. Annually on January 1, the board shall transfer from each account within the fund, except the public information account, an amount equal to 5% of the moneys transferred to the fund under s. 20.855 (4) (b) during the preceding year to the public information account. The board shall make the transfers from each account in the same proportion that the amount of moneys transferred to that account during the preceding year from moneys transferred to the fund under s. 20.855 (4) (b) bears to the total amount of moneys transferred to the fund under s. 20.855 (4) (b) in that year. The board shall expend the moneys in the public information account for the purpose of providing public information concerning the purpose and effect of s. 71.10 (3) and this section.

SB111, s. 61 Section 61. 11.50 (2m) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

SB111, s. 62 Section 62. 11.50 (2s) of the statutes is created to read:

SB111,32,5 11.50 (2s) Political party accounts. (a) The state chairperson of each eligible political party may, by written request to the board, provide for the establishment or discontinuance of an account within the fund for that political party. Each political party account consists of 97% of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).

SB111,32,10 (b) The board shall make grants to each eligible political party for which an account is established under par. (a) in an amount equivalent to 9.7% of the total amount designated by income tax filers under s. 71.10 (3) (a) for deposit in the account of that political party, plus 100% of the amounts transferred to the account of that political party under par. (g).

SB111,32,13 (c) Except as provided in pars. (e) to (g) and sub. (9) (a), from the account of each eligible political party, the board shall apportion the following amounts to the accounts of eligible candidates for the following offices:

SB111,32,14 1. An amount equal to 12.8% to the candidate for the office of governor.

SB111,32,15 2. An amount equal to1.2% to the candidate for the office of lieutenant governor.

SB111,32,16 3. An amount equal to 2.4% to the candidate for the office of attorney general.

SB111,32,17 4. An amount equal to 1.2% to the candidate for the office of secretary of state.

SB111,32,18 5. An amount equal to 1.2% to the candidate for the office of state treasurer.

SB111,32,19 6. An amount equal to 23 1/3% to the candidates for the office of state senator.

SB111,32,21 7. An amount equal to 46 2/3% to the candidates for the office of representative to the assembly.

SB111,33,7 (d) Within the account of each political party, the board shall establish 2 subaccounts for each county. The board shall apportion 23 1/3% of the amounts designated by the residents of each county for each party in a subaccount of that party for the office of state senator in that county. The board shall apportion 46 2/3% of the amounts designated by the residents of each county for each party in a subaccount of that party for the office of representative to the assembly in that county. Except as provided in subd. 4., pars. (e) to (g) and sub. (9) (a), each eligible candidate for the office of state senator or representative to the assembly shall receive the amount in the subaccount or the sum of the amounts in the subaccounts of the political party of that candidate for the office which the candidate seeks under par. (c) 6. or 7. determined as follows:

SB111,33,12 1. For each county within the legislative district in which a candidate seeks office, the board shall calculate the sum of the votes cast in that part of the county in which the district is located for all candidates of the political party of that candidate for all state offices other than the office of district attorney at the most recent general election at which each office was filled, except as provided in subd. 5.

SB111,33,16 2. The board shall then calculate the sum of the votes cast in that county for all candidates of the political party of that candidate for all state offices other than the office of district attorney at the most recent general election at which each office was filled, except as provided in subd. 5.

SB111,33,20 3. The board shall then divide the result obtained under subd. 1. by the result obtained under subd. 2. and multiply that result by the total amount in the subaccount of the account of the political party of that candidate allocated for candidates for the office which the candidate seeks in that county.

SB111,34,2 4. If the office of state senator within any senate district is not regularly filled at a general election, the board shall retain the amount determined under subds. 1. to 3. for the candidate of each political party for that office in that district at that general election in the subaccount for that office and shall add that amount to the amount so determined for the candidate of that political party for that office in that district at the next general election.

SB111,34,16 5. For purposes of making the calculations required under subds. 1. and 2., if a political party had no candidate whose name was certified to appear on the ballot for a state office in the most recent general election for that office or if the candidate of a political party for a state office had no opponent whose name was certified to appear on the ballot for that office in the most recent general election for that office, the board shall treat the average number of votes received within the county or portion of a county, as applicable, for each other state office, except the office of district attorney, that was filled at that election as the number of votes received by the candidate of the political party for the office for which the political party had no candidate or for the office that was not contested, except that if the political party had no candidate for any other state office at that election or if the candidate of that political party for any other state office had no opponent whose name was certified to appear on the ballot at that election, the board shall exclude that office in calculating that average.

SB111,34,20 (e) If a political party does not have a candidate for any office specified in par. (c) whose name is certified to appear on the ballot at a general or special election at which the office is filled, the board shall transfer the amount allocated under par. (c) for the candidate of that political party to the general fund.