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:
SB190,13,217
10.02
(3) (b) 2m. At the September primary, the elector shall select the party
18ballot of his or her choice or the ballot containing the names of the independent
19candidates for state office, and make a cross [
8] in the square at the right of or
20depress the lever or button next to the candidate's name for each office for whom the
21elector intends to vote or insert or write in the name of the elector's choice for a party
22candidate, if any. In order to qualify for participation in the
Wisconsin election
23campaign clean government fund, a candidate for state office at the September
24primary, other than a candidate for district attorney, must receive at least 6% of all
1votes cast on all ballots for the office for which he or she is a candidate, in addition
2to other requirements.
SB190, s. 6
3Section
6. 11.01 (5m) of the statutes is repealed.
SB190, s. 7
4Section
7. 11.01 (12s) of the statutes is repealed.
SB190, s. 8
5Section
8. 11.05 (3) (c) of the statutes is amended to read:
SB190,13,96
11.05
(3) (c) In the case of a committee, a statement as to whether the
7committee is a personal campaign committee, a political party committee,
a
8legislative campaign committee, a support committee or a special interest
9committee.
SB190, s. 9
10Section
9. 11.05 (3) (n) of the statutes is amended to read:
SB190,13,1411
11.05
(3) (n) In the case of a labor organization
, or separate segregated fund
12under s. 11.38 (1) (a) 2.
or conduit established by a labor organization, a statement
13as to whether the organization is incorporated, and if so, the date of incorporation
14and whether or not such incorporation is under ch. 181.
SB190, s. 10
15Section
10. 11.05 (3) (o) of the statutes is repealed.
SB190, s. 11
16Section
11. 11.05 (9) (a) of the statutes is renumbered 11.05 (9).
SB190, s. 12
17Section
12. 11.05 (9) (b) of the statutes is repealed.
SB190, s. 13
18Section
13. 11.05 (14) of the statutes is created to read:
SB190,14,419
11.05
(14) Presumption concerning certain communications. Whenever any
20person publishes, disseminates or broadcasts, or causes to be published,
21disseminated or broadcast, any communication that includes a reference to a clearly
22identified candidate for an office to be filled at a general, spring or special election,
23during the 60-day period preceding that election or during the 30-day period
24preceding any primary for that election, and the communication is substantially
25directed toward the electorate at that election, it is presumed that the
1communication is made for the purpose of influencing the election or nomination for
2election of that candidate, unless the person making the communication or causing
3the communication to be made establishes, by a preponderance of the evidence, that
4the communication was not made for that purpose.
SB190, s. 14
5Section
14. 11.06 (2) of the statutes is amended to read:
SB190,14,166
11.06
(2) Disclosure of certain indirect disbursements. Notwithstanding
7sub. (1), if a disbursement is made or obligation incurred by an individual other than
8a candidate or by a committee or group which is not primarily organized for political
9purposes, and the disbursement does not constitute a contribution to any candidate
10or other individual, committee or group, the disbursement or obligation is required
11to be reported only if the purpose is to expressly advocate the election or defeat of a
12clearly identified candidate or the adoption or rejection of a referendum
or if the
13disbursement is made or the obligation is incurred for the purpose of making a
14communication specified in s. 11.05 (14). The exemption provided by this subsection
15shall in no case be construed to apply to a political party,
legislative campaign, 16personal campaign or support committee.
SB190, s. 15
17Section
15. 11.06 (7m) (a) of the statutes is amended to read:
SB190,15,718
11.06
(7m) (a) If a committee which was registered under s. 11.05 as a political
19party committee
or legislative campaign committee supporting candidates of a
20political party files an oath under sub. (7) affirming that it does not act in cooperation
21or consultation with any candidate who is nominated to appear on the party ballot
22of the party at a general or special election, that the committee does not act in concert
23with, or at the request or suggestion of, such a candidate, that the committee does
24not act in cooperation or consultation with such a candidate or agent or authorized
25committee of such a candidate who benefits from a disbursement made in opposition
1to another candidate, and that the committee does not act in concert with, or at the
2request or suggestion of, such a candidate or agent or authorized committee of such
3a candidate who benefits from a disbursement made in opposition to another
4candidate, the committee filing the oath may not make any contributions in support
5of any candidate of the party at the general or special election or in opposition to any
6such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as
7authorized in par. (c).
SB190, s. 16
8Section
16. 11.06 (7m) (c) of the statutes is amended to read:
SB190,15,159
11.06
(7m) (c) A committee filing an oath under sub. (7) which desires to change
10its status to a political party committee
or legislative campaign committee may do
11so as of December 31 of any even-numbered year. Section 11.26 does not apply to
12contributions received by such a committee prior to the date of the change. Such a
13committee may change its status at other times only by filing a termination
14statement under s. 11.19 (1) and reregistering as a newly organized committee under
15s. 11.05.
SB190, s. 17
16Section
17. 11.06 (11) of the statutes is repealed.
SB190, s. 18
17Section
18. 11.09 (3) of the statutes is amended to read:
SB190,16,318
11.09
(3) Each registrant whose filing officer is the board, who or which makes
19disbursements in connection with elections for offices which serve or referenda
20which affect only one county or portion thereof, except a candidate, personal
21campaign committee, political party committee or other committee making
22disbursements in support of or in opposition to a candidate for state senator,
23representative to the assembly, court of appeals judge or circuit judge, shall file a
24duplicate original of each financial report filed with the board with the county clerk
25or board of election commissioners of the county in which the elections in which the
1registrant participates are held. Such reports shall be filed no later than the
2applicable dates specified under s. 11.20 (2)
, (2e), (2m) and (4) for the filing of each
3report with the board.
SB190, s. 19
4Section
19. 11.12 (5) of the statutes is amended to read:
SB190,16,165
11.12
(5) If Except as otherwise required under sub. (7), if any contribution or
6contributions of $500 or more cumulatively are received by a candidate for state office
7or by a committee or individual from a single contributor later than 15 days prior to
8a primary or election such that it is not included in the preprimary or preelection
9report submitted under s. 11.20 (3), the treasurer of the committee or the individual
10receiving the contribution shall within 24 hours of receipt inform the appropriate
11filing officer of the information required under s. 11.06 (1) in such manner as the
12board may prescribe. The information shall also be included in the treasurer's or
13individual's next regular report. For purposes of the reporting requirement under
14this subsection, only contributions received during the period beginning with the day
15after the last date covered on the preprimary or preelection report, and ending with
16the day before the primary or election need be reported.
SB190, s. 20
17Section
20. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended
18to read:
SB190,17,919
11.12
(6) (a) If any disbursement of more than $20 cumulatively is made to
20advocate the election or defeat of a clearly identified candidate by an individual or
21committee later than 15 days prior to a primary or election in which the candidate's
22name appears on the ballot without cooperation or consultation with a candidate or
23agent or authorized committee of a candidate who is supported or opposed, and not
24in concert with or at the request or suggestion of such a candidate, agent or
25committee, the individual or treasurer of the committee shall, within 24 hours of
1making the disbursement, inform the appropriate filing officer of the information
2required under s. 11.06 (1) in such manner as the board may prescribe.
The
3information shall also be included in the next regular report of the individual or
4committee under s. 11.20. For purposes of this
subsection paragraph, disbursements
5cumulate beginning with the day after the last date covered on the preprimary or
6preelection report and ending with the day before the primary or election. Upon
7receipt of a report under this
subsection paragraph, the filing officer shall, within 24
8hours of receipt, mail a copy of the report to all candidates for any office in support
9of or opposition to one of whom a disbursement identified in the report is made.
SB190, s. 21
10Section
21. 11.12 (6) (c) and (d) of the statutes are created to read:
SB190,17,2411
11.12
(6) (c) 1. If any committee identified under s. 11.05 (3) (c) intends to make
12any disbursement or incurs or intends to incur any obligation to make a
13disbursement for the purpose of advocating the election or defeat of a clearly
14identified candidate for a state office specified in s. 11.31 (1) (a) to (f) at the general
15or a special election, or any such candidate who seeks a nomination for such an office
16at a primary election, without cooperation or consultation with a candidate or agent
17or authorized committee of a candidate who is supported or whose opponent is
18opposed, and not in concert with or at the request or suggestion of such a candidate,
19agent or committee, the committee shall, no later than 21 days prior to the activity
20intended to be funded by the disbursement or obligation, report to the board in such
21manner as the board may prescribe, the name of each candidate who is supported or
22whose opponent is opposed and the total amount of disbursements to be made and
23obligations incurred or to be incurred for such a purpose in support or opposition to
24that candidate.
SB190,18,3
12. A committee which files a report under this paragraph concerning a
2disbursement is not required to file a report pertaining to the same disbursement
3under par. (a).
SB190,18,54
(d) All information reported by a registrant under this subsection shall also be
5included in the next regular report of the registrant under s. 11.20.