SB111: Bill Text

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.

SB111,35,2 (f) If a political party has a candidate for an office specified in par. (c) who qualifies to receive a grant under sub. (2) and the candidate has an opponent whose name is certified to appear on the general or a special election ballot but the opponent does not qualify to receive a grant under sub. (2), the board shall transfer the amount allocated to the certified opposing candidate under par. (c) from the political party account of that candidate to the general fund.

SB111,35,8 (g) If a political party has a candidate for an office specified in par. (c) who has fulfilled all qualifications to receive a grant under sub. (2) except that the candidate does not have an opponent whose name is certified to appear on the general or a special election ballot, the board shall transfer the amount allocated under par. (c) for that candidate to the political party account of the party of that candidate for distribution to the party under par. (b).

SB111,35,12 (h) A treasurer of a political party committee that receives a grant under this subsection shall deposit the proceeds of the grant in a separate depository account under s. 11.14 (1) and shall maintain the proceeds in that account until they are used to make a disbursement.

SB111, s. 63 Section 63. 11.50 (2w) of the statutes is created to read:

SB111,35,16 11.50 (2w) General account. There is established a general account within the fund consisting of 97% of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).

SB111, s. 64 Section 64. 11.50 (3) (a) (intro.) of the statutes is amended to read:

SB111,35,20 11.50 (3) (a) (intro.) Annually on August 15, September 1, the state treasurer shall apportion all moneys appropriated to in the general account of the fund shall be apportioned as follows by the state treasurer:

SB111, s. 65 Section 65. 11.50 (3) (a) 1. and 2. of the statutes are amended to read:

SB111,36,2 11.50 (3) (a) 1. If an election for state superintendent is scheduled in the following year, 8% 12% of the fund moneys in the general account shall be placed in a superintendency account. From this the superintendency account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer.

SB111,36,6 2. If an election for justice is scheduled in the following year, 8% 12% of the fund moneys in the general account shall be placed in a supreme court account. From this the supreme court account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer.

SB111, s. 66 Section 66. 11.50 (3) (b) of the statutes is amended to read:

SB111,36,15 11.50 (3) (b) If a vacancy occurs in the office of state superintendent or justice after August 15 September 16 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall transfer an amount not exceeding 8% 12% of the moneys transferred to the general account of the fund on the preceding August 15 during the 12-month period preceding that date to the account for the office in which the vacancy occurs, such moneys to be drawn from any account within the accounts created under sub. (4) in the amount or amounts specified by the board.

SB111, s. 67 Section 67. 11.50 (4) (a) of the statutes is amended to read:

SB111,36,19 11.50 (4) (a) In the partisan campaign account, 25% of the moneys shall be apportioned into an executive campaign account and 75% of the moneys shall be apportioned into a legislative and special election campaign account.

SB111, s. 68 Section 68. 11.50 (4) (c) of the statutes is amended to read:

SB111,36,25 11.50 (4) (c) The legislative and special election campaign account shall be divided into a senate campaign account to receive 25% of the moneys, and an assembly campaign account to receive 75% of the moneys. Each account shall then be apportioned between all eligible candidates for the same office in the entire state. No apportionment shall be made by legislative district.

SB111, s. 69 Section 69. 11.50 (4) (cm) of the statutes is amended to read:

SB111,37,24 11.50 (4) (cm) Each There is established within the general account of the fund a special election account. The special election account consists of the lesser of the moneys required to make grants under this paragraph or the balance in the remainder of the general account. From the special election account, each eligible candidate for the same office at a special election of a political party whose candidate for the same office received a grant at the preceding general election shall receive an equal amount, which amount shall be a grant equivalent to the maximum combined grant which from the general and party accounts that was payable to any the candidate of the same political party for that office at the most recent spring or preceding general election. 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. From the special election account, each eligible candidate for state superintendent at a special election shall receive a grant equivalent to the grant that was payable to candidates for that office at the most recent spring election. From the special election account, each eligible candidate at a special election who does not represent a political party whose candidate for the same office at the preceding spring or general election received a grant shall receive a grant equivalent to the grant that was payable to candidates for the same office at the preceding spring or general election from the general account.

SB111, s. 70 Section 70. 11.50 (4) (d) of the statutes is amended to read:

SB111,38,4 11.50 (4) (d) Within Except as provided in par. (cm) and sub. (9), within the accounts established under this subsection for each office at each general election, the entire amount of all available moneys shall be apportioned equally to all eligible candidates.

SB111, s. 71 Section 71. 11.50 (5) of the statutes is renumbered 11.50 (5) (a) and amended to read:

SB111,38,10 11.50 (5) (a) The state treasurer shall make the disbursements to the campaign depository account of each eligible candidate treasurer of the personal campaign committee of each candidate who receives a grant under subs. (3) and (4) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm).

SB111,38,12 (b) Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired.

SB111, s. 72 Section 72. 11.50 (5) (c) of the statutes is created to read:

SB111,38,17 11.50 (5) (c) The state treasurer shall make the disbursements to the treasurer of the state committee of each political party that receives a grant by the end of the 3rd business day following receipt of each certification from the secretary of revenue under s. 71.10 (3) (b).

SB111, s. 73 Section 73. 11.50 (6) (title) of the statutes is repealed.

SB111, s. 74 Section 74. 11.50 (6) of the statutes is renumbered 11.50 (4) (e) and amended to read:

SB111,39,14 11.50 (4) (e) If, at any election, the amounts which are to be apportioned to each eligible candidate under subs. (3) and (4) from the general account are more than the amount which a candidate may accept under sub. (9) (a), or more than the amount which a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund board shall first apportion the excess amount to other eligible candidates who have not received the maximum amount permitted under subs. (9) (a) and (10), if any. The board shall make the apportionment by distributing the entire excess amount to the accounts for the offices to be filled at that election in the same relative proportion that the percentage allocations to the accounts for those offices, as specified in pars. (a) to (c), bear to each other. The board shall then distribute the excess amount within the account for each office equally to each eligible candidate for that office and shall redistribute any remaining excess amount in the same manner until the entire excess amount within the account for each office is exhausted or all eligible candidates for the office receive the maximum amounts permitted under subs. (9) (a) and (10). If, after that distribution, there is any remaining undistributed amount in an account for an executive or judicial office, the board shall transfer that amount to the general fund, and, if there is any remaining undistributed amount in the account for a legislative office, that amount shall be retained in that account.

SB111, s. 75 Section 75. 11.50 (7) (intro.) of the statutes is amended to read:

SB111,39,17 11.50 (7) Utilization. (intro.) (a) Grants distributed under this section may be utilized only for deposit in a campaign depository account under s. 11.10.

SB111,39,20 (b) Grants received by an eligible candidate from the general account or from the account of an eligible political party may be expended only for one or more of the following:

SB111, s. 76 Section 76. 11.50 (7) (a) to (d) of the statutes are renumbered 11.50 (7) (b) 1. to 4.

SB111, s. 77 Section 77. 11.50 (7) (c) of the statutes is created to read:

SB111,39,25 11.50 (7) (c) Grants received by an eligible political party under sub. (2s) (b) may be expended only for one or more of the following:

SB111,40,3 1. Purchase of services from a communications medium to promote the candidacy of candidates of the party generally without reference to any specific candidate of the party for state office.

SB111,40,5 2. Preparation and dissemination of sample ballots listing the names of 3 or more candidates of the party for state office.

SB111,40,7 3. Making telephone contacts with electors in which the names of 3 or more candidates of the party are mentioned.

SB111,40,8 4. Fund raising on behalf of 3 or more candidates of the party for state office.

SB111,40,10 5. Staff compensation and expenses to provide services on behalf of 3 or more candidates of the party for state office.

SB111, s. 78 Section 78. 11.50 (8) of the statutes is amended to read:

SB111,40,21 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 that are unspent and unencumbered by a candidate on the day after the election in which the candidate participates and that 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 shall revert to the state. 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. All reversions shall be returned to the board by the candidate and shall be deposited in the fund.

SB111, s. 79 Section 79. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:

SB111,41,10 11.50 (9) (a) 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% shall not exceed 50% of the disbursement level specified for candidates for the applicable office other than first-time candidates, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9). If the combined amount otherwise payable to an eligible candidate under subs. (2s) and (4) exceeds the limitation prescribed in this paragraph, the board shall reduce the total grant available to that candidate by reducing first any amount to which the candidate would otherwise be entitled from the general account, and thereafter any amount to which the candidate would otherwise be entitled from the political party account of the candidate's political party.

SB111,41,14 (b) The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and s. 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.

SB111, s. 80 Section 80. 11.50 (11) (e) of the statutes is amended to read:

SB111,41,19 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i).

SB111, s. 81 Section 81. 11.50 (11) (g) of the statutes is amended to read:

SB111,42,10 11.50 (11) (g) If any person other than a candidate or candidate's campaign treasurer violates pars. (a) to, (d) or (f), such person shall be liable to the state in a civil action brought by the board for conversion, for treble the amount of the moneys wrongfully expended, and in addition is subject to penalties as provided in ss. 11.60 and 11.61. If any candidate violates pars. (a) to (f), the candidate shall be personally liable to the state. If any candidate's campaign treasurer violates pars. (a) to (f), the campaign treasurer and the candidate who appointed the treasurer shall be personally liable to the state. The liability may be enforced in a civil action brought by the board for conversion, for treble the amount of the moneys wrongfully expended, or for not more than 4 times the amount by which any disbursements made by the candidate's personal campaign committee and any contributions made by the candidate to his or her own campaign exceeded the limitation prescribed in s. 11.26 (10) or the limitation prescribed in s. 11.31 (1) or (1m), or both, as adjusted under s. 11.31 (9), and in addition the candidate or treasurer, or both, are subject to penalties as provided in ss. 11.60 and 11.61.

SB111, s. 82 Section 82. 11.50 (14) of the statutes is created to read:

SB111,42,13 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

SB111,42,17 1. No later than July 1, the name of each political party that qualifies under sub. (1) (am) 1. as an eligible political party as of the preceding June 1 and whose state chairperson has filed a request to establish an account for the party under sub. (2s) (a).

SB111,42,21 2. No later than December 15, the name of each political party that qualifies under sub. (1) (am) 2. as an eligible political party as of the date of the preceding general election and whose state chairperson has filed a written request to establish an account for the party under sub. (2s) (a).

SB111,42,25 (b) As soon as possible after receiving a valid application from an eligible candidate under sub. (2) (a) and determining that the candidate is eligible to receive a grant, the board shall certify to the secretary of revenue the full name of that candidate as the name appears on the candidate's nomination papers.

SB111,43,2 (c) In each certification under this subsection, the board shall specify the expiration date of the certification.

SB111, s. 83 Section 83. 11.60 (4m) of the statutes is created to read:

SB111,43,5 11.60 (4m) If any candidate incurs a forfeiture under this section, the candidate is personally liable for payment of the forfeiture.

SB111, s. 84 Section 84. 11.70 of the statutes is created to read:

SB111,43,7 11.70 Political contribution refund. (1) In this section:

SB111,43,9 (a) "Certified political party" means a party whose name is certified by the board to the secretary of revenue under s. 11.50 (14) (a).