SB111: Bill Text

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).

SB111,43,11 (b) "Certified eligible candidate" means a candidate whose name is certified by the board to the secretary of revenue under s. 11.50 (14) (b).

SB111,43,21 (2) Any individual who is a resident of this state and of eligible voting age and who makes any contribution or contributions of money to a certified political party or a certified eligible candidate may file a claim with the secretary of revenue requesting a refund of not more than $50 for any such contribution or contributions made in any calendar year. Two married individuals who are both residents of this state and are of eligible voting age and who make, individually or jointly, any contribution or contributions of money to a certified political party or a certified eligible candidate may file a claim with the secretary of revenue requesting a refund of not more than $100 for such contributions made, including not more than $50 for such contributions made individually by each of them, in any calendar year.

SB111,43,25 (3) The secretary of revenue shall prescribe an official refund receipt form for use under this section. The forms shall be numbered sequentially. Each individual or married couple filing a request for a refund under sub. (2) shall attach a copy of that form to the request.

SB111,44,3 (4) All information concerning the identities of individuals and married couples requesting refunds, the identities of candidates to whom contributions are made and the amounts of any contributions made is confidential.

SB111,44,6 (5) A request under this section shall be filed with the secretary of revenue no earlier than January 1 of the year in which any contributions are made for which a refund is requested and no later than April 15 of the following year.

SB111,44,9 (6) An individual may file a request under this section no more than once for any year. Married individuals may file a request under this section either individually or jointly no more than once for any year.

SB111,44,11 (7) The secretary of revenue shall make refunds under this section from the appropriation under s. 20.566 (3) (f).

SB111,44,15 (8) If the secretary of revenue makes any refund under this section later than June 15 in the year after the contribution or contributions to be refunded were made, the secretary shall pay interest on the refund at the rate provided under s. 71.82 (1) (b).

SB111,44,19 (9) No later than August 1 annually, the secretary of revenue shall submit a statement to the board summarizing the total number and the aggregate amount of refunds made on behalf of each certified political party and each certified eligible candidate during the preceding fiscal year.

SB111, s. 85 Section 85. 13.625 (1) (b) 3. of the statutes is amended to read:

SB111,44,25 13.625 (1) (b) 3. Food, meals, beverages, money or any other thing of pecuniary value, except that a lobbyist may make a campaign contribution to a partisan elective state official or candidate for national, state or local office or to the official's or candidate's personal campaign committee; but a lobbyist may make a contribution to which par. (c) applies only as authorized in par. (c).

SB111, s. 86 Section 86. 13.625 (1) (c) (intro.) of the statutes is renumbered 13.625 (1) (c) and amended to read:

SB111,45,11 13.625 (1) (c) Except as permitted in this subsection, make Make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official for the purpose of promoting the official's election to any national, state or local office, or to a candidate for a partisan elective state office to be filled at the general election or a special election, or the official's or candidate's personal campaign committee. A campaign contribution to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee may be made in the year of a candidate's election between June 1 and the day of the general election, except that:

SB111, s. 87 Section 87. 13.625 (1) (c) 1. and 2. of the statutes are repealed.

SB111, s. 88 Section 88. 13.625 (2) of the statutes is amended to read:

SB111,45,23 13.625 (2) No principal may engage in the practices prohibited under sub. (1) (b) and (c) except that a principal may make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee in the year of an official's or candidate's election between June 1 and the day of the general election unless, in the case of a member of the legislature or candidate for legislative office, the legislature has not concluded its final floorperiod or is in special or extraordinary session. This subsection does not apply to the furnishing of transportation, lodging, food, meals, beverages or any other thing of pecuniary value which is also made available to the general public.

SB111, s. 89 Section 89. 13.625 (6) of the statutes is amended to read:

SB111,46,10 13.625 (6) Subsections (1) (b) and (c), (2) and (3) do not apply to the furnishing of anything of pecuniary value by an individual who is a lobbyist or principal to a relative of the individual or an individual who resides in the same household as the individual, nor to the receipt of anything of pecuniary value by that relative or individual residing in the same household as the individual. Subsections (1) (b), (2) and (3) do not apply to the furnishing of anything of pecuniary value, except a campaign contribution, as defined in s. 11.01 (6), by a lobbyist to a relative of the lobbyist or an individual who resides in the same household as the lobbyist, nor to the receipt of any such thing by that relative or individual residing in the same household as the individual.

SB111, s. 90 Section 90. 20.510 (1) (q) of the statutes is amended to read:

SB111,46,17 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropriation, from the Wisconsin election campaign fund, the moneys amounts determined under s. 11.50 to provide for payments to eligible candidates whose names are certified under s. 7.08 (2) (c) or (cm) and to eligible political parties whose names are certified under s. 7.08 (2) (cs) and to provide for public information under s. 11.50 (2m).

SB111, s. 91 Section 91 . 20.510 (1) (q) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB111,46,25 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropriation, from the Wisconsin election campaign fund, the moneys amounts determined under s. 11.50 to provide for payments to eligible candidates whose names are certified under s. 7.08 (2) (c) or (cm) and to eligible political parties whose names are certified under s. 7.08 (2) (cs) and to provide for public information under s. 11.50 (2m).

SB111, s. 92 Section 92. 20.566 (3) (f) of the statutes is created to read:

SB111,47,3 20.566 (3) (f) Political contribution refunds. A sum sufficient to make political contribution refunds under s. 11.70.

SB111, s. 93 Section 93. 20.855 (4) (b) of the statutes is amended to read:

SB111,47,7 20.855 (4) (b) Election campaign payments. A sum sufficient equal to 97% of the amounts determined under s. 71.10 (3) to be paid into the Wisconsin election campaign fund annually on August 15 as provided in s. 71.10 (3) (b).

SB111, s. 94 Section 94. 20.855 (4) (ba) of the statutes is created to read:

SB111,47,12 20.855 (4) (ba) Election fund annual supplement. A sum sufficient equal to $3,000,000 in each fiscal year, plus, in each fiscal year, the amounts determined by the secretary of revenue under ss. 71.80 (21) and 77.9973, to be transferred from the general fund to the Wisconsin election campaign fund annually on September 16.

SB111, s. 95 Section 95. 20.855 (4) (bb) of the statutes is created to read:

SB111,47,19 20.855 (4) (bb) Election fund special election supplement. A sum sufficient equal to the amounts required to make full payment of grants which candidates at special elections qualify to receive from the Wisconsin election campaign fund, to be transferred from the general fund to the special election account of the Wisconsin election campaign fund no later than the time required to make payments of grants under s. 11.50 (5).

SB111, s. 96 Section 96. 25.42 of the statutes is amended to read: