109,1sb
Section 1sb. 8.30 (2) of the statutes is amended to read:
8.30 (2) If no registration statement has been filed by or on behalf of a candidate for state or local office in accordance with s. 11.05 (2g) or (2r) by the applicable deadline for filing nomination papers by such the candidate, or the deadline for filing a declaration of candidacy for an office for which nomination papers are not filed, the name of the candidate may not appear on the ballot. This subsection may not be construed to exempt a candidate from applicable penalties if he or she files a registration statement later than the time prescribed in ss. 11.01 (1) and 11.05 (2g).
109,1st
Section 1st. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:
8.35 (4) (a) 1. a. Donated to the former candidate's local or state political party if If the former candidate was a partisan candidate or, donated to the former candidate's local or state political party, donated to the
a charitable organization of the former candidate's choice or the charitable organization chosen or transferred to the board for deposit in the Wisconsin election campaign fund, as instructed by the former candidate or, if the candidate left no instruction, by the former candidate's next of kin if the former candidate is deceased, or if no choice is made returned to the donors on a proportional basis; or
b. If the former candidate was a nonpartisan candidate, donated to the a charitable organization of the former candidate's choice or the charitable organization chosen or transferred to the board for deposit in the Wisconsin election campaign fund, as instructed by the former candidate or, if the candidate left no instruction, by the former candidate's next of kin if the former candidate is deceased; or
109,1sw
Section 1sw. 8.35 (4) (c) and (d) of the statutes are amended to read:
8.35 (4) (c) The transfer to the replacement candidate under par. (b) shall be made and reported to the appropriate filing officer in a special report submitted by the former candidate's campaign treasurer. If the former candidate is deceased and was serving as his or her own campaign treasurer, the former candidate's petitioner or personal representative shall file the report and make the transfer required by par. (b), if any and file the report. The report shall be made at the appropriate interval under s. 11.20 (2) or (4) and shall include a complete statement of all contributions, disbursements and incurred obligations pursuant to s. 11.06 (1) covering the period from the day after the last date covered on the former candidate's most recent report to the date of disposition.
(d) The newly appointed candidate shall file his or her report at the next appropriate interval under s. 11.20 (2) or (4) after his or her appointment. The appointed candidate shall include any transferred funds moneys in his or her first report.
109,1tc
Section 1tc. 8.40 (2) of the statutes is amended to read:
8.40 (2) The certification of a qualified elector stating his or her residence with street and number, if any, shall appear at the bottom of each separate sheet of each petition specified in sub. (1), stating that he or she personally circulated the petition and personally obtained each of the signatures; that the circulator knows that they are electors of the jurisdiction or district in which the petition is circulated; that the circulator knows that they signed the paper with full knowledge of its content; that the circulator knows their respective residences given; that the circulator knows that each signer signed on the date stated opposite his or her name; that the circulator resides within the jurisdiction or district in which the petition is circulated; and that the circulator is aware that falsifying the certification is punishable under s. 12.13 (3) (a). The circulator shall indicate the date that he or she makes the certification next to his or her signature.
109,1te
Section 1te. 9.10 (2) (e) 3. of the statutes is amended to read:
9.10 (2) (e) 3. The signature is dated after the date of the notarization certification contained on the petition sheet.
109,1tg
Section 1tg. 9.10 (2) (em) 4. and 5. of the statutes are repealed.
109,1tj
Section 1tj. 9.10 (2) (o) of the statutes is repealed.
109,1tL
Section 1tL. 9.10 (2) (r) 1. to 3. of the statutes are repealed.
109,1tn
Section 1tn. 9.10 (4) (d) of the statutes is amended to read:
9.10 (4) (d) The Promptly upon receipt of a certificate under par. (a), the governing body, school board, or board of election commissioners upon receiving the certificate shall call an a recall election. The recall election shall be held on the Tuesday of the 6th week commencing after the date of on which the certificate
. If is filed, except that if Tuesday is a legal holiday, the recall election shall be held on the first day after Tuesday which is not a legal holiday.
109,1tp
Section 1tp. 10.06 (3) (am) of the statutes is amended to read:
10.06 (3) (am) As soon as possible following the deadline for filing nomination papers for any municipal election when there is to be an election for a county or state office or a county or statewide referendum, but no later than 2 3 days after such deadline, the municipal clerk of each municipality in which voting machines or ballots containing the names of candidates for both local offices and national, state or county offices are used shall certify the list of candidates for municipal office to the county clerk if a primary is required, unless the municipality prepares its own ballots under s. 7.15 (2) (c).
109,1tr
Section 1tr. 10.06 (3) (bm) of the statutes is amended to read:
10.06 (3) (bm) As soon as possible following the municipal canvass of the primary vote or the qualification of the candidates under s. 8.05 (1) (j) when a municipal caucus when is held, if there is to be an election for a county or state office or a county or statewide referendum, but no later than 2 3 days after such date, the municipal clerk of each municipality in which voting machines or ballots containing the names of candidates for both local offices and national, state or county offices are used shall certify the list of candidates for municipal office and municipal referenda appearing on the ballot to the county clerk, unless the municipality prepares its own ballots under s. 7.15 (2) (c).
109,1tu
Section 1tu. 11.001 (2m) of the statutes is created to read:
11.001 (2m) The legislature finds a compelling justification for minimal disclosure of all communications that are to be made near the time of an election and that include a reference to or depiction of a clearly identified candidate at that election in order to permit increased funding for candidates who are affected by those communications. This minimal disclosure burden is outweighed by the need to establish an effective funding mechanism for affected candidates to effectively respond to communications that may impact an election.
109,1tv
Section 1tv. 11.01 (4m) of the statutes is created to read:
11.01 (4m) "Communication" means a message, other than a communication that is exempt from reporting under s. 11.29, that is transmitted by means of a printed advertisement, billboard, handbill, marked sample ballot, radio or television advertisement, mass electronic communication, mass telephoning, or mass mailing, or any medium that may be utilized for the purpose of disseminating or broadcasting a message, but not including a poll conducted solely for the purpose of identifying or collecting data concerning the attitudes or preferences of electors.
109,1tw
Section 1tw. 11.01 (12s) of the statutes is repealed.
109,1tx
Section 1tx. 11.01 (12w), (13) and (14) of the statutes are created to read:
11.01 (12w) "Mass electronic communication" means the transmission of 50 or more pieces of substantially identical material by means of electronic mail or facsimile transmission.
(13) "Mass mailing" means the distribution of 50 or more pieces of substantially identical material.
(14) "Mass telephoning" means the making of 50 or more telephone calls conveying a substantially identical message.
109,1ty
Section 1ty. 11.01 (16) (a) 3. of the statutes is created to read:
11.01 (16) (a) 3. A communication, other than a communication that is exempt from reporting under s. 11.29, that is made during the period beginning on the 60th day preceding a general, special, or spring election and ending on the date of that election and that includes a reference to or depiction of a clearly identified candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot for election or nomination to an office to be filled at that election.
109,1tz
Section 1tz. 11.01 (17g) and (17r) of the statutes are created to read:
11.01 (17g) "Public access channel" means a channel that is required under a franchise granted under s. 66.0419 (3) (b) by a city, village, or town to a cable operator, as defined in s. 66.0419 (2) (b), and that is used for public access purposes, but does not include a channel that is used for governmental or educational purposes.
(17r) "Public access channel operator" means a person designated by a city, village, or town as responsible for the operation of a public access channel.
109,1uba
Section 1uba. 11.05 (1) of the statutes is renumbered 11.05 (1) (a) and amended to read:
11.05 (1) (a) Except as provided in s. 9.10 (2) (d), every committee, other than a personal campaign committee, and every political group subject to registration under s. 11.23 which that makes or accepts contributions, incurs obligations or makes disbursements in a calendar year in an aggregate amount in excess of $25 shall file a statement with the appropriate filing officer giving the information required by sub. (3). In the case of any committee other than a personal campaign committee, the statement shall be filed by the treasurer. A personal campaign committee shall register under sub. (2g) or (2r).
109,1ubb
Section 1ubb. 11.05 (1) (b) of the statutes is created to read:
11.05 (1) (b) Every political group subject to registration under s. 11.23 which makes or accepts contributions, incurs obligations, or makes disbursements in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).
109,1ubc
Section 1ubc. 11.05 (2) of the statutes is renumbered 11.05 (2) (a) and amended to read:
11.05 (2) (a) Except as provided in s. 9.10 (2) (d), every individual, other than a candidate or agent of a candidate, who accepts contributions, incurs obligations, or makes disbursements with respect to one or more elections for state or local office in a calendar year in an aggregate amount in excess of $25 shall file a statement with the appropriate filing officer giving the information required by sub. (3). An individual who guarantees a loan on which an individual, committee or group subject to a registration requirement defaults is not subject to registration under this subsection solely as a result of such default.
109,1ubd
Section 1ubd. 11.05 (2) (b) of the statutes is created to read:
11.05 (2) (b) Every individual who accepts contributions, incurs obligations, or makes disbursements with respect to one or more referenda in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).
109,1ube
Section 1ube. 11.05 (2r) (title) of the statutes is renumbered 11.06 (2m) (title).
109,1ubf
Section 1ubf. 11.05 (2r) of the statutes is renumbered 11.06 (2m) (a) and amended to read:
11.06 (2m) (a) Any person, committee or group, other than a committee or an individual or committee required to file an oath under s. 11.06 sub. (7), who or which does not anticipate accepting contributions, making disbursements or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in that year may indicate on its registration statement that the person, committee or group will not accept contributions, incur obligations or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in such any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source, other than contributions made by a candidate to his or her own campaign, during that any calendar year, whichever is earlier. If the revocation is not timely, the registrant violates s. 11.27 (1).
109,1ubg
Section 1ubg. 11.05 (3) (c) of the statutes is amended to read:
11.05 (3) (c) In the case of a committee, a statement as to whether the committee is a personal campaign committee, a political party committee, a legislative campaign committee, a support committee or a special interest committee.
109,1ubh
Section 1ubh. 11.05 (3) (m) of the statutes is created to read:
11.05 (3) (m) In the case of a personal campaign committee, the name of the candidate on whose behalf the committee was formed or intends to operate and the office or offices that the candidate seeks.
109,1ubi
Section 1ubi. 11.05 (3) (o) of the statutes is repealed.
109,1ubj
Section 1ubj. 11.05 (3) (r) of the statutes is created to read:
11.05 (3) (r) In the case of a candidate or personal campaign committee of a candidate, the telephone number or numbers and a facsimile transmission number or electronic mail address, if any, at which the candidate may be contacted.
109,1ubk
Section 1ubk. 11.05 (5) of the statutes is amended to read:
11.05 (5) Change of information. Any change in information previously submitted in a statement of registration shall be reported by the registrant to the appropriate filing officer within 10 days following the change. This period does not apply in case of change of an indication made under sub. (2r) s. 11.06 (2m), which shall be reported no later than the date that a registrant is subject to a filing requirement under sub. (2r) s. 11.06 (2m). Any such change may be reported only by the individual or by the officer who has succeeded to the position of an individual who signed the original statement; but in the case of a personal campaign committee, a candidate or campaign treasurer may report a change in the statement except as provided in s. 11.10 (2), and in the case of any other committee or group, the chief executive officer or treasurer indicated on the statement may report a change. If a preexisting support committee is adopted by a candidate as his or her personal campaign committee, the candidate shall file an amendment to the committee's statement under this subsection indicating that all information contained in the statement is true, correct and complete.
109,1ubL
Section 1ubL. 11.05 (9) (title) of the statutes is repealed and recreated to read:
11.05 (9) (title) Deposit of contributions; conduits.
109,1ubm
Section 1ubm. 11.05 (9) (b) of the statutes is amended to read:
11.05 (9) (b) An individual who or a committee or group which receives a contribution of money and transfers the contribution to another individual, committee, or group while acting as a conduit is not subject to registration under this section unless the individual, committee, or group transfers the contribution to a candidate or a personal campaign, legislative campaign, political party
, or support committee.
109,1ubn
Section 1ubn. 11.05 (12) (b) of the statutes is amended to read:
11.05 (12) (b) Except as authorized under sub. (13), a committee, group or individual other than a candidate or agent of a candidate shall comply with sub. (1) or (2) no later than the 5th business day commencing after receipt of the first contribution by such committee, group or individual, and before making any disbursement. No committee, group or individual, other than a candidate or agent of a candidate, may accept any contribution or contributions exceeding $25 in the aggregate the amount specified in sub. (1) or (2) during a calendar year at any time when the committee, group or individual is not registered under this section except within the initial 5-day period authorized by this paragraph.
109,1ubo
Section 1ubo. 11.05 (13) of the statutes is amended to read:
11.05 (13) Bank account and postal box; exemption. An individual, committee or group does not violate this section by accepting a contribution and making a disbursement in the amount required to rent a postal box, or in the minimum amount required by a bank or trust company to open a checking account, prior to the time of registration, if the disbursement is properly reported on the first report submitted under s. 11.20 or 11.21 (16) after the date that the individual, committee or group is registered, whenever a reporting requirement applies to the registrant.
109,1ubp
Section 1ubp. 11.06 (1) (intro.) of the statutes is amended to read:
11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) (2m), and (3m) and ss. 11.05 (2r) and s. 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:
109,1ubq
Section 1ubq. 11.06 (1) (cm) and (dm) of the statutes are created to read:
11.06 (1) (cm) If a candidate wishes to make disbursements using contributions that are not subject to the restriction under s. 11.24 (1w) and that are exempt from the limitations under s. 11.26 (9), as provided under s. 11.26 (9m), a separate schedule itemizing those contributions that the candidate intends to use to make disbursements that are exempt from those limitations. The separate schedule may include contributions previously reported by the candidate and, if so, shall indicate the amounts and dates on which those contributions were reported as received.
(dm) A separate schedule itemizing those contributions that were transferred to the registrant by a conduit, together with the name and address of the conduit, the date and amount of each transfer, and the cumulative total amount transferred to the registrant by the conduit for the calendar year.
109,1ubr
Section 1ubr. 11.06 (1) (e) of the statutes is amended to read:
11.06 (1) (e) An itemized statement of contributions over $20 from a single source donated to a charitable organization or to the common school fund, with the full name and mailing address of the donee, and a statement of contributions over $20 transferred to the board for deposit in the Wisconsin election campaign fund.
109,1ubs
Section 1ubs. 11.06 (2) of the statutes is amended to read:
11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate, or by a committee or group which is not primarily organized for political purposes, for a purpose other than to make a communication described in s. 11.01 (16) (a) 3., and the disbursement does not constitute a contribution to any candidate or other individual, committee or group, the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum. The exemption provided by this subsection shall in no case be construed to apply to a political party, legislative campaign, personal campaign or support committee.
109,1ubt
Section 1ubt. 11.06 (2m) (b) to (d) of the statutes are created to read:
11.06 (2m) (b) Any individual or committee who or which is required to file an oath under sub. (7), who or which accepts contributions, makes disbursements, or incurs obligations for the purpose of supporting or opposing one or more candidates for state office, and who or which does not anticipate accepting contributions, making disbursements, or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source exceeding $100 in that year may indicate on its registration statement that the individual or committee will not accept contributions, incur obligations, or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source exceeding $100 in any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date on which aggregate contributions, disbursements, or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source during any calendar year, whichever is earlier.
(c) Any individual or committee who or which is required to file an oath under sub. (7), who or which accepts contributions, makes disbursements, or incurs obligations for the purpose of supporting or opposing one or more candidates for local office but not for the purpose of supporting or opposing any candidate for state office, and who or which does not anticipate accepting contributions, making disbursements, or incurring obligations in an aggregate amount in excess of $100 in a calendar year may indicate on its registration statement that the individual or committee will not accept contributions, incur obligations, or make disbursements in the aggregate in excess of $100 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements, or obligations for the calendar year exceed $100, whichever is earlier.
(d) If a revocation by a registrant under this subsection is not timely, the registrant violates s. 11.27 (1).
109,1ubu
Section 1ubu. 11.06 (3) (b) (intro.) of the statutes is amended to read:
11.06 (3) (b) (intro.) Notwithstanding sub. (1), a A nonresident registrant shall report on a form prescribed by the board the applicable information that makes a report under sub. (1) shall ensure that the report separately states information under sub. (1) concerning all of the following, in a manner prescribed by the board:
109,1ubv
Section 1ubv. 11.06 (4) (b) of the statutes is amended to read:
11.06 (4) (b) Unless it is returned or donated within 15 days of receipt, a contribution must be reported as received and accepted on the date received. This subsection paragraph applies notwithstanding the fact that the contribution is not deposited in the a campaign depository account by the closing date for the a reporting period as provided in s. 11.20 (8) or the reporting deadline provided in s. 11.21 (16).
109,1ubw
Section 1ubw. 11.06 (5) of the statutes is amended to read:
11.06 (5) Report must be complete. A registered individual or treasurer of a group or committee shall make a good faith effort to obtain all required information. The first report shall commence no later than the date that the first contribution is received and accepted or the first disbursement is made. Each report shall be filed with the appropriate filing officer on the dates designated in s. 11.20 and, if the registrant files reports under s. 11.21 (16), at the times specified in s. 11.21 (16). The individual or the treasurer of the group or committee shall certify to the correctness of each report. In the case of a candidate, the candidate or treasurer shall certify to the correctness of each report. If a treasurer is unavailable, any person designated as a custodian under s. 11.05 (3) (e) may certify to the correctness of a report.
109,1ubx
Section 1ubx. 11.06 (7m) (a) of the statutes is amended to read:
11.06 (7m) (a) If a committee which was registered under s. 11.05 as a political party committee or legislative campaign committee supporting candidates of a political party files an oath under sub. (7) affirming that it does not act in cooperation or consultation with any candidate who is nominated to appear on the party ballot of the party at a general or special election, that the committee does not act in concert with, or at the request or suggestion of, such a candidate, that the committee does not act in cooperation or consultation with such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, and that the committee does not act in concert with, or at the request or suggestion of, such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, the committee filing the oath may not make any contributions in support of any candidate of the party at the general or special election or in opposition to any such candidate's opponents exceeding the applicable amounts specified in s. 11.26 (2)
and (2m), except as authorized in par. (c).
109,1uby
Section 1uby. 11.06 (7m) (b) of the statutes is amended to read:
11.06 (7m) (b) If the committee has already made contributions in excess of the applicable amounts specified in s. 11.26 (2) or (2m) at the time it files an oath under sub. (7), each candidate to whom contributions are made shall promptly return a sufficient amount of contributions to bring the committee in compliance with this subsection and the committee may not make any additional contributions in violation of this subsection.
109,1ubz
Section 1ubz. 11.06 (7m) (c) of the statutes is amended to read:
11.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change its status to a political party committee or legislative campaign committee may do so as of December 31 of any even-numbered year. Section 11.26 does not apply to contributions received by such a committee prior to the date of the change. Such a committee may change its status at other times only by filing a termination statement under s. 11.19 (1) and reregistering as a newly organized committee under s. 11.05.
109,1uca
Section 1uca. 11.06 (11)
(bm) of the statutes is created to read: