2. For a candidate for the office of attorney general, $100,000 from all
committees or $300,000 from all contributors.
3. For a candidate for the office of secretary of state, state treasurer or state
superintendent of public instruction, $50,000 from all committees or $150,000 from
all contributors.
4. For a candidate for the office of justice, $225,000 from all contributors.
5. For a candidate for the office of state senator, $25,000 from all committees
or $75,000 from all contributors.
6. For a candidate for the office of representative to the assembly, $12,500 from
all committees or $37,500 from all contributors.
Under the bill, these amounts are subject to a biennial cost-of-living
adjustment beginning in 2002, in accordance with a formula tied to the "consumer
price index" determined by the U.S. department of labor.
The bill also requires each candidate at the general election, and each
committee or individual making disbursements or incurring obligations in support
of or in opposition to a candidate at the general or a special election, to file an
additional report on the tenth day after the election.
Mass media activities
Currently, individuals who accept contributions, organizations that make or
accept contributions, or individuals who or organizations that incur obligations or
make disbursements for the purpose of influencing an election for state or local office
are generally required to register with the appropriate filing officer and to file
financial reports with that officer, regardless of whether they act in conjunction with
or independently of any candidate who is supported or opposed. Currently, when a
person is alleged to have violated registration and reporting requirements, the state
has the burden of proving that the violation occurred.
This bill provides that, whenever any person publishes, disseminates or
broadcasts any communication that includes a reference to a candidate for an office
to be filled at an election, during the 60-day period preceding that election or during
the 30-day period preceding any primary for that election, and the communication
is substantially directed toward the electorate for that election, it is presumed that
the communication is made for the purpose of influencing the election or nomination
for election of that candidate, unless the person making the communication
establishes, by a preponderance of the evidence, that the communication was not
made for that purpose.
Disbursement limitations
Under current law, disbursement (expenditure) levels are specified for
candidates for various state and local offices. These levels become a binding
limitation upon any candidate for state office who accepts a state grant from the
Wisconsin election campaign fund or who agrees to be bound by the limitation, unless
the candidate is opposed by a major opponent who could have qualified for a grant
but who declines to accept one and declines to file an affidavit of voluntary
compliance with disbursement and contribution limitations. Under current law, the
disbursement limitations apply to a candidate's entire primary and election
campaign combined. Additionally, the disbursement levels for candidates for the
offices of state senator and representative to the assembly are subdivided between
the primary and election campaign periods in such a way that only about 60% of the
total applicable disbursement level for either office may be allocated by a candidate
to either the primary or the election campaign period.
This bill:
1. Eliminates disbursement levels and limitations applicable to candidates for
state office, except the offices of court of appeals judge, circuit judge and district
attorney, on or before the date of the primary election for those offices.
2. Revises the current disbursement levels applicable to candidates for the
offices shown in the following chart:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
3. Creates a biennial cost-of-living adjustment that causes the statutory
disbursement levels to be adjusted biennially, beginning in 2002, in accordance with
a formula tied to the "consumer price index" determined by the U.S. department of
labor.
4. Deletes current law that permits a candidate who does not accept a grant to
continue to bind an opponent to disbursement and contribution limitations by filing
an affidavit of voluntary compliance.
5. Increases the disbursement limitation of any candidate who accepts a public
grant by 1) an amount equal to the amount of any independent disbursements that
are made to oppose that candidate or to support that candidate's opponent; 2) the
total amount of obligations incurred or proposed to be incurred and disbursements
proposed to be made that have not previously been reported as obligations by any
opposing candidate who does not accept a public grant exceeding the amount of the
disbursement limitation for the office that the candidate seeks; and 3) the total
amount of contributions accepted by opposing candidates above the level for which
24-hour reports are required.
Treatment of legislative campaign committees
Currently, the adherents of any political party in either house of the legislature
may organize a "legislative campaign committee" to support the candidacy of
members of their party for legislative office. Committees other than legislative
campaign committees and political party committees are generally subject to a
limitation upon the contributions that they may make to candidates for legislative
office or to political parties. Legislative campaign committees are subject only to
overall limitations on the aggregate contributions that may be accepted by a
candidate from entities other than individuals.
This bill eliminates the special status of legislative campaign committees, thus
treating them in the same manner as other special interest committees for the
purpose of contribution limitations.
Treatment of conduits
Currently, if an individual or organization receives a political contribution
consisting of money and transfers the contribution to another individual or
organization without exercising discretion as to the amount to be transferred and the
individual to whom or the organization to which the transfer is made, the
contribution is considered to be made by the original contributor for purposes of
reporting by the ultimate recipient. The contribution is also treated as an individual
contribution for purposes of determining contribution limitations and qualifying
contributions for public grants. The individual or organization making the transfer
is called a "conduit" under the law. In most cases, a conduit is required to register
and file campaign finance reports unless the conduit does not transfer any
contributions to candidates or to personal campaign, legislative campaign or
political party committees.
This bill treats a contribution of money transferred by a conduit as a
contribution from the conduit rather than from the individual contributor for
purposes of reporting by the ultimate recipient, and for purposes of determining
adherence to contribution limitations and qualifying contributions for public grants.
Under the bill, conduit contributions made by a committee are included within the
aggregate limitation upon contributions that may be received from committees (see
below). These conduit contributions may not be used to qualify for a public grant.
Contribution limitations
Current law specifies limitations on the maximum amount of contributions
that may be given to and accepted by a candidate for state or local office. Current
law also limits the total contributions that a candidate for state or local office may
accept from all political committees, including political party and legislative
campaign committees, and from the Wisconsin election campaign fund to 65% of the
value of the statutory disbursement level specified for the office that the candidate
seeks. The total amount that a candidate may accept from committees other than
political party and legislative campaign committees and from the Wisconsin election
campaign fund is limited to 45% of that disbursement level.
This bill changes contribution limitations applicable to individuals making
contributions to candidates for a major state office (governor, lieutenant governor,
secretary of state, state treasurer, attorney general, state superintendent of public
instruction, justice of the supreme court, state senator or representative to the
assembly) per campaign, as follows:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
The bill also imposes an aggregate contribution limitation on the total amount
or value of contributions that a candidate who accepts a grant may accept from all
individuals, including contributions by an individual to his or her own campaign,
during the entire campaign of the candidate, as follows:
1. For candidates for the offices of governor and lieutenant governor jointly,
$500,000.
2. For a candidate for the office of attorney general, $150,000.
3. For a candidate for the office of justice of the supreme court, $75,000.
4. For a candidate for the office of secretary of state, state treasurer or state
superintendent of public instruction, $50,000.
5. For a candidate for the office of state senator, $25,000.
6. For a candidate for the office of representative to the assembly, $12,500.
Under the bill, the aggregate contribution limitations are subject to a biennial
cost-of-living adjustment, beginning in 2002, in accordance with a formula tied to
the "consumer price index" determined by the U.S. department of labor.
Other contribution restrictions
This bill prohibits every candidate for a major state office (governor, lieutenant
governor, attorney general, secretary of state, state treasurer, superintendent of
public instruction or justice of the supreme court) from accepting any contribution
from a special interest ("political action") committee during the period beginning on
the 30th day preceding any election other than a primary election and ending on the
date of that election. The bill also prohibits every such candidate from accepting any
contribution during the period beginning on the tenth day preceding any election
other than a primary election and ending on the date of that election.
Wisconsin election campaign fund
I. Sources and uses of funds
Under current law, the Wisconsin election campaign fund is financed through
an individual income tax "checkoff". Every individual filing a state income tax return
who has a tax liability or is entitled to a tax refund may direct that $1 of general
purpose revenue be transferred to the fund. Individuals filing a joint return may
separately choose whether to direct that the $1 transfer be made. All moneys
transferred to the fund are placed in accounts for specified state offices, and
candidates for those offices at the general or a special election may qualify for grants
from the fund to be used for specified campaign expenses. No moneys in the fund may
be used for any other purpose. Grants at special elections are funded by reallocating
moneys set aside to provide grants to candidates at the general election, to the extent
that moneys are available.
This bill changes the name of the Wisconsin election campaign fund to the
"clean government fund". The bill deletes the checkoff procedure and provides,
instead, for the revenue to the fund to be raised by levying a tax on lobbying
expenditures (see below), with the balance to be transferred to the fund, as needed,
from general purpose revenue.
II. Grant eligibility
requirements and amounts
Under current law, public financing from the Wisconsin election campaign fund
is available to eligible candidates for the offices of state senator, representative to the
assembly, governor, lieutenant governor, attorney general, state treasurer, secretary
of state, justice of the supreme court and superintendent of public instruction. To
receive a grant, a candidate must file an application with the state elections board
no later than the deadline for filing nomination papers. Following the primary
election or the date on which a primary would be held, if required, the board
determines whether a candidate who applies for a grant meets the following
eligibility requirements:
1. If the candidate seeks a partisan state office at a general election, the
candidate must have received at least six percent of the total votes cast in the
primary and won the primary. If the candidate seeks a partisan state office at a
special election, the candidate must either: a) appear on the ballot or in the column
of a political party whose candidate for the same office at the preceding general
election received at least six percent of the vote; or b) receive at least six percent of
the votes cast at the special election.
2. The candidate must have an opponent in the election.
3. The candidate must receive, during a specified time period, a specified
amount through contributions from individuals of $100 or less. For a candidate for
the office of governor, lieutenant governor, secretary of state, state treasurer,
attorney general, justice of the supreme court or superintendent of public
instruction, the amount is five percent of the authorized disbursement level for the
office that the candidate seeks. For a candidate for the office of state senator or
representative to the assembly, the amount is ten percent of the authorized
disbursement level for the office that the candidate seeks.
Under current law, a candidate for any office who accepts a grant must comply
with statutorily prescribed contribution and disbursement limitations, unless one or
more of the candidate's opponents who receive at least six percent of the votes cast
for all candidates for that office at a partisan primary, if a primary was held, do not
accept a grant and do not voluntarily comply with the contribution and disbursement
limitations for that office. The maximum grant that a candidate may receive is the
amount that, 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 authorized disbursement level for the office that the candidate
seeks, if there are sufficient moneys in the Wisconsin election campaign fund to
finance the full amount of grants for which candidates qualify.
This bill requires a candidate for any office who desires to qualify for a grant
from the fund to receive contributions from individuals who are residents of this state
in amounts of $100 or less in the following total amounts:
1. For candidates for the offices of governor and lieutenant governor jointly,
$80,000.
2. For a candidate for the office of attorney general, $24,000.
3. For a candidate for the office of justice of the supreme court, $12,000.
4. For a candidate for the office of secretary of state, state treasurer or state
superintendent of public instruction, $8,000.
5. For a candidate for the office of state senator, $4,000.
6. For a candidate for the office of representative to the assembly, $2,000.
In addition, the bill requires a candidate for the office of justice of the supreme
court who seeks a grant to agree not to accept any contributions from special interest
("political action") committees or political party committees.
The bill revises grant amounts to the following, irrespective of contributions
received from other sources:
1. For candidates for the office of governor and lieutenant governor jointly,
$1,500,000.
2. For a candidate for the office of attorney general, $150,000.
3. For a candidate for the office of justice of the supreme court, $225,000.
4. For a candidate for the office of secretary of state, state treasurer or
superintendent of public instruction, $150,000.
5. For a candidate for the office of state senator, $75,000.
6. For a candidate for the office of representative to the assembly, $37,500.
In addition to these amounts, the bill provides that a candidate who accepts a
grant shall receive an additional grant in an amount equal to 1) the amount of any
independent disbursements that are made to oppose that candidate or to support
that candidate's opponent; 2) the total amount of obligations incurred or proposed to
be incurred and disbursements proposed to be made that have not previously been
reported as obligations by an opposing candidate who does not accept a grant
exceeding the amount of the disbursement limitation for the office that the candidate
seeks; and 3) the total amount of contributions accepted by opposing candidates
above the level for which 24-hour reports are required.
Under the bill, qualifying amounts and grant amounts are subject to a biennial
cost-of-living adjustment, beginning in 2002, in accordance with a formula tied to
the "consumer price index" determined by the U.S. department of labor.
The bill also requires each candidate, in order to qualify to receive a grant, to
file with the elections board, no later than five days before the deadline for filing an
application to receive a grant, an application to receive a grant or a statement that
the candidate intends to qualify to receive a grant. In addition, the bill requires each
candidate, in order to receive a grant, to file with the elections board a specified
number of signatures of electors of the jurisdiction or district in which the candidate
seeks office that have not been filed by an opposing candidate for the same office.
Penalties for violations
Currently, violators of the campaign finance law are subject to a forfeiture (civil
penalty) of not more than $500 for each violation, except that violators of
contribution limitations are subject to a forfeiture of not more than treble the amount
unlawfully contributed. In addition, currently, any person who is delinquent in filing
a report is subject to a forfeiture of not more than $50 or one percent of the annual
salary of the office for which a candidate is being supported or opposed, whichever
is greater, for each day of delinquency. Currently, any person who makes an unlawful
contribution is subject to a forfeiture of treble the amount of the unlawful
contribution.
Currently, whoever intentionally violates certain provisions of the campaign
finance law, such as registration requirements, contribution limitations, the
prohibition against making contributions in the name of another person, the
prohibition against using contributions for most nonpolitical purposes and the
prohibition against filing false reports and statements may be fined not more than
$1,000 or imprisoned for not more than six months, or both, if the violation does not
exceed $100 in amount or value, and may be fined not more than $10,000 or
imprisoned for not more than three years, or both, if the violation exceeds $100 in
amount or value.
This bill provides that if any candidate or other individual or committee accepts
or transfers a contribution, makes a disbursement or incurs an obligation to make
a disbursement for the purpose of supporting or opposing a candidate for a major
state office (governor, lieutenant governor, attorney general, secretary of state, state
treasurer, state superintendent of public instruction or justice of the supreme court)
or for the purpose of making certain communications relating to candidates (see
above) without first registering and reporting to the extent required under the bill,
the offender must pay a forfeiture (civil penalty) of $500 for each day of violation.
The bill also provides that if any of these individuals or committees accepts or
transfers one or more contributions, makes one or more disbursements or incurs one
or more obligations to make disbursements for such a purpose in an amount that is
more or less than the amount reported by that individual or committee:
l. By more than 5% but not more than 10%, the individual or committee must
forfeit four times the amount of the difference.
2. By more than 10%, the individual or committee must forfeit six times the
amount of the difference.
The bill also imposes a new penalty upon any person who, with intent to conceal
or deceive, accepts or transfers a contribution, makes a disbursement or incurs an
obligation to make a disbursement for the purpose of supporting or opposing a
candidate for a major state office or for the purpose of making certain
communications relating to candidates (see above) without registering or reporting
to the extent required under the bill, consisting of a fine of not more than $10,000 or
imprisonment for not more than five years, or both (equivalent to a class E felony).
Lobbying expenditure tax
This bill imposes a tax on lobbying principals (persons who employ lobbyists)
at the rate of 10% on lobbying expenditures that are reportable to the ethics board.
The tax is payable to the department of revenue semiannually.
Nonseverability
Currently, if any part of an act is found by a court to be invalid, those parts that
are valid are severed from the invalid part and the severed parts continue in force.
This bill provides that if any part of the act resulting from enactment of the bill
relating to reporting of mass media activities, reporting of proposed disbursements
and obligations by committees and individuals acting independently of candidates
and provision of supplemental grants to candidates who are opposed or whose
opponents are supported by those proposed disbursements or obligations are found
by a court to be invalid, then all of those parts of the act are void.
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:
SB190, s. 1
1Section
1. 5.02 (13) of the statutes is amended to read:
SB190,11,32
5.02
(13) "Political party" or "party" means a state committee registered under
3s. 11.05 organized exclusively for political purposes under whose name candidates
4appear on a ballot at any election, and all county, congressional, legislative, local and
1other affiliated committees authorized to operate under the same name. For
2purposes of ch. 11, the term does not include
a legislative campaign committee or a
3committee filing an oath under s. 11.06 (7).
SB190, s. 2
4Section
2. 5.02 (18) of the statutes is amended to read:
SB190,11,85
5.02
(18) "September primary" means the primary held the 2nd Tuesday in
6September to nominate candidates to be voted for at the general election, and to
7determine which candidates for state offices other than district attorney may
8participate in the
Wisconsin election campaign clean government fund.
SB190, s. 3
9Section
3. 7.08 (2) (c) and (cm) of the statutes are amended to read:
SB190,11,2010
7.08
(2) (c) As soon as possible after the canvass of the spring and September
11primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
12September, transmit to the state treasurer a certified list of all eligible candidates
13for state office who have filed applications under s. 11.50 (2) and
whom who the board
14determines to be eligible to receive payments from the
Wisconsin election campaign 15clean government fund. The
board shall also transmit a similar list of candidates
16who the board determines to be eligible to receive a grant under s. 11.50 (9) (b) or (ba)
17within 3 days after any candidate qualifies to receive such a grant. Each list shall
18contain each candidate's name, the mailing address indicated upon the candidate's
19registration form, the office for which the individual is a candidate and the party or
20principle which he or she represents, if any.
SB190,12,721
(cm) As soon as possible after the canvass of a special primary, or the date that
22the primary would be held, if required, transmit to the state treasurer a certified list
23of all eligible candidates for state office who have filed applications under s. 11.50 (2)
24and
whom who the board determines to be eligible to receive a grant from the
25Wisconsin election campaign clean government fund prior to the election. The board
1shall also transmit a similar list of candidates, if any, who have filed applications
2under s. 11.50 (2) and
whom who the board determines to be eligible to receive a grant
3under s. 11.50 (1) (a) 2. after the special election
. The or a grant under s. 11.50 (9)
4(b) or (ba) within 3 days after any candidate qualifies to receive such a grant. Each 5list shall contain each candidate's name, the mailing address indicated upon the
6candidate's registration form, the office for which the individual is a candidate and
7the party or principle which he or she represents, if any.
SB190, s. 4
8Section
4. 8.35 (4) (b) of the statutes is amended to read:
SB190,12,159
8.35
(4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
10received by a candidate from the
Wisconsin election campaign clean government 11fund shall be immediately transferred to any candidate who is appointed to replace
12such candidate, upon filing of a proper application therefor under s. 11.50 (2). If there
13is no candidate appointed or if no proper application is filed within 7 days of the date
14on which the vacancy occurs, such moneys shall revert to the state as provided in s.
1511.50 (8).
SB190, s. 5
16Section
5. 10.02 (3) (b) 2m. of the statutes is amended to read: