2001 - 2002 LEGISLATURE
CONFERENCE AMENDMENT 2,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 1
July 3, 2002 - Offered by Conference on January 2002 Special Session Assembly
Bill 1.
AB1-ASA1-CA2,1,94
5.02
(13) "Political party" or "party" means a state committee registered under
5s. 11.05
and organized exclusively for political purposes under whose name
6candidates appear on a ballot at any election, and all county, congressional,
7legislative, local and other affiliated committees authorized to operate under the
8same name. For purposes of ch. 11, the term does not include
a legislative campaign
9committee or a committee filing an oath under s. 11.06 (7).
AB1-ASA1-CA2,2,811
5.05
(2) Auditing. In addition to the facial examination of reports and
12statements required under s. 11.21 (13), the board shall conduct an audit of reports
1and statements which are required to be filed with it to determine whether violations
2of ch. 11 have occurred. The board may examine records relating to matters required
3to be treated in such reports and statements. The board shall make official note in
4the file of a candidate, committee, group or individual under ch. 11 of any error or
5other discrepancy which the board discovers and shall inform the person submitting
6the report or statement.
The board may also examine all documentation that is
7required to be maintained by political parties that receive grants from the Wisconsin
8election campaign fund under s. 11.50 (2s).".
AB1-ASA1-CA2,3,213
7.08
(2) (c) As soon as possible after the canvass of the spring and September
14primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
15September, transmit to the state treasurer a certified list of all eligible candidates
16for state office who have filed applications under s. 11.50 (2) and whom the board
17determines to be eligible to receive payments from the Wisconsin election campaign
18fund
, together with a list of eligible political parties that are authorized to use grants
19from the Wisconsin election campaign fund to make contributions under s. 11.50 (2s)
20(f) to those candidates. The board shall also electronically transmit a similar list of
21candidates who the board determines are eligible to receive a grant under s. 11.50
22(4) (bg) or (br) within 24 hours after any candidate qualifies to receive such a grant.
23The list shall contain each candidate's name, the mailing address indicated upon the
24candidate's registration form, the office for which the individual is a candidate and
1the party or principle which he or she represents, if any
, or the name of the eligible
2political party and the mailing address indicated on the party's registration form.
AB1-ASA1-CA2,3,214
7.08
(2) (cm) As soon as possible after the canvass of a special primary, or the
5date that the primary would be held, if required, transmit to the state treasurer a
6certified list of all eligible candidates for state office who have filed applications
7under s. 11.50 (2) and whom the board determines to be eligible to receive a grant
8from the Wisconsin election campaign fund prior to the election. The board shall also
9transmit a similar list of candidates, if any, who have filed applications under s. 11.50
10(2) and whom the board determines to be eligible to receive a grant under s. 11.50 (1)
11(a)
2. 1. b. after the special election.
In addition, the board shall transmit at the same
12time a list of eligible political parties that are authorized to use grants from the
13Wisconsin election campaign fund to make contributions under s. 11.50 (2s) (f) to
14candidates of those parties whose names are certified under this paragraph. The 15board shall electronically transmit a similar list of candidates who the board
16determines are eligible to receive a grant under s. 11.50 (4) (bg) or (br) within 24
17hours after any candidate qualifies to receive such a grant. The list shall contain
18each 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
or the name of the eligible political party
21and the mailing address indicated on the party's registration form.
AB1-ASA1-CA2,4,423
8.30
(2) If no registration statement has been filed by or on behalf of a candidate
24for state or local office in accordance with s. 11.05 (2g)
or (2r) by the applicable
25deadline for filing nomination papers by
such the candidate, or the deadline for filing
1a declaration of candidacy for an office for which nomination papers are not filed, the
2name of the candidate may not appear on the ballot. This subsection may not be
3construed to exempt a candidate from applicable penalties if he or she files a
4registration statement later than the time prescribed in ss. 11.01 (1) and 11.05 (2g).
AB1-ASA1-CA2,4,136
8.35
(4) (a) 1. a.
Donated to the former candidate's local or state political party
7if If the former candidate was a partisan candidate
or, donated to the former
8candidate's local or state political party, donated to
the a charitable organization
of
9the former candidate's choice or the charitable organization chosen
or transferred to
10the board for deposit in the Wisconsin election campaign fund, as instructed by the
11former candidate or, if the candidate left no instruction, by the former candidate's
12next of kin
if the former candidate is deceased, or if no choice is made returned to the
13donors on a proportional basis; or
AB1-ASA1-CA2,4,1914
b. If the former candidate was a nonpartisan candidate, donated to
the a 15charitable organization
of the former candidate's choice or the charitable
16organization chosen or transferred to the board for deposit in the Wisconsin election
17campaign fund, as instructed by the former candidate or, if the candidate left no
18instruction, by the former candidate's next of kin
if the former candidate is deceased;
19or
AB1-ASA1-CA2,5,521
8.35
(4) (c) The transfer
to the replacement candidate under par. (b) shall be
22made and reported to the appropriate filing officer
in a special report submitted by
23the former candidate's campaign treasurer. If the former candidate is deceased and
24was serving as his or her own campaign treasurer, the former candidate's petitioner
25or personal representative shall
file the report and make the transfer
required by
1par. (b), if any and file the report. The report shall
be made at the appropriate
2interval under s. 11.20 (2) or (4) and shall include a complete statement of all
3contributions, disbursements and incurred obligations pursuant to s. 11.06 (1)
4covering the period from the day after the last date covered on the former candidate's
5most recent report to the date of disposition.
AB1-ASA1-CA2,5,96
(d) The newly appointed candidate shall file his or her report at the next
7appropriate interval under s. 11.20 (2) or (4) after his or her appointment. The
8appointed candidate shall include any transferred
funds moneys in his or her first
9report.
AB1-ASA1-CA2,5,1711
11.001
(2m) The legislature finds a compelling justification for minimal
12disclosure of all communications that are to be made near the time of an election and
13that include a reference to or depiction of a clearly identified candidate at that
14election in order to permit increased funding for candidates who are affected by those
15communications. This minimal disclosure burden is outweighed by the need to
16establish an effective funding mechanism for affected candidates to effectively
17respond to communications that may impact an election.
AB1-ASA1-CA2,5,2519
11.01
(4m) "Communication" means a message, other than a communication
20that is exempt from reporting under s. 11.29, that is transmitted by means of a
21printed advertisement, billboard, handbill, marked sample ballot, radio or television
22advertisement, mass electronic communication, mass telephoning, or mass mailing,
23or any medium that may be utilized for the purpose of disseminating or broadcasting
24a message, but not including a poll conducted solely for the purpose of identifying or
25collecting data concerning the attitudes or preferences of electors.
AB1-ASA1-CA2,6,53
11.01
(12w) "Mass electronic communication" means the transmission of 50 or
4more pieces of substantially identical material by means of electronic mail or
5facsimile transmission.
AB1-ASA1-CA2,6,7
6(13) "Mass mailing" means the distribution of 50 or more pieces of
7substantially identical material.
AB1-ASA1-CA2,6,9
8(14) "Mass telephoning" means the making of 50 or more telephone calls
9conveying a substantially identical message.
AB1-ASA1-CA2,6,1611
11.01
(16) (a) 3. A communication, other than a communication that is exempt
12from reporting under s. 11.29, that is made during the period beginning on the 60th
13day preceding a general, special, or spring election and ending on the date of that
14election and that includes a reference to or depiction of a clearly identified candidate
15whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot for
16election or nomination to an office to be filled at that election.
AB1-ASA1-CA2,6,2118
11.01
(17g) "Public access channel" means a channel that is required under a
19franchise granted under s. 66.0419 (3) (b) by a city, village, or town to a cable operator,
20as defined in s. 66.0419 (2) (b), and that is used for public access purposes, but does
21not include a channel that is used for governmental or educational purposes.
AB1-ASA1-CA2,6,23
22(17r) "Public access channel operator" means a person designated by a city,
23village, or town as responsible for the operation of a public access channel.
AB1-ASA1-CA2, s. 1dt
24Section 1dt. 11.05 (1) of the statutes is renumbered 11.05 (1) (a) and amended
25to read:
AB1-ASA1-CA2,7,8
111.05
(1) (a) Except as provided in s. 9.10 (2) (d), every committee
, other than
2a personal campaign committee,
and every political group subject to registration
3under s. 11.23 which that makes or accepts contributions, incurs obligations or
4makes disbursements in a calendar year in an aggregate amount in excess of $25
5shall file a statement with the appropriate filing officer giving the information
6required by sub. (3). In the case of any committee other than a personal campaign
7committee, the statement shall be filed by the treasurer. A personal campaign
8committee shall register under sub. (2g)
or (2r).
AB1-ASA1-CA2,7,1310
11.05
(1) (b) Every political group subject to registration under s. 11.23 which
11makes or accepts contributions, incurs obligations, or makes disbursements in a
12calendar year in an aggregate amount in excess of $100 shall file a statement with
13the appropriate filing officer giving the information required by sub. (3).
AB1-ASA1-CA2, s. 1ee
14Section 1ee. 11.05 (2) of the statutes is renumbered 11.05 (2) (a) and amended
15to read:
AB1-ASA1-CA2,7,2316
11.05
(2) (a) Except as provided in s. 9.10 (2) (d), every individual, other than
17a candidate or agent of a candidate, who accepts contributions, incurs obligations,
18or makes disbursements
with respect to one or more elections for state or local office 19in a calendar year in an aggregate amount in excess of $25 shall file a statement with
20the appropriate filing officer giving the information required by sub. (3). An
21individual who guarantees a loan on which an individual, committee or group subject
22to a registration requirement defaults is not subject to registration under this
23subsection solely as a result of such default.
AB1-ASA1-CA2,8,4
111.05
(2) (b) Every individual who accepts contributions, incurs obligations, or
2makes disbursements with respect to one or more referenda in a calendar year in an
3aggregate amount in excess of $100 shall file a statement with the appropriate filing
4officer giving the information required by sub. (3).
AB1-ASA1-CA2, s. 1em
5Section 1em. 11.05 (2r) (title) of the statutes is renumbered 11.06 (2m) (title).
AB1-ASA1-CA2, s. 1eo
6Section 1eo. 11.05 (2r) of the statutes is renumbered 11.06 (2m) (a) and
7amended to read:
AB1-ASA1-CA2,9,38
11.06
(2m) (a) Any person, committee or group, other than
a committee or an 9individual
or committee required to file an oath under
s. 11.06 sub. (7), who or which
10does not anticipate accepting contributions, making disbursements or incurring
11obligations in an aggregate amount in excess of $1,000 in a calendar year and does
12not anticipate accepting any contribution or contributions from a single source, other
13than contributions made by a candidate to his or her own campaign, exceeding $100
14in that year may indicate on its registration statement that the person, committee
15or group will not accept contributions, incur obligations or make disbursements in
16the aggregate in excess of $1,000 in any calendar year and will not accept any
17contribution or contributions from a single source, other than contributions made by
18a candidate to his or her own campaign, exceeding $100 in
such any calendar year.
19Any registrant making such an indication is not subject to any filing requirement if
20the statement is true. The registrant need not file a termination report. A registrant
21not making such an indication on a registration statement is subject to a filing
22requirement. The indication may be revoked and the registrant is then subject to a
23filing requirement as of the date of revocation, or the date that aggregate
24contributions, disbursements or obligations for the calendar year exceed $1,000, or
25the date on which the registrant accepts any contribution or contributions exceeding
1$100 from a single source, other than contributions made by a candidate to his or her
2own campaign, during
that any calendar year, whichever is earlier.
If the revocation
3is not timely, the registrant violates s. 11.27 (1).
AB1-ASA1-CA2,9,85
11.05
(3) (c) In the case of a committee, a statement as to whether the
6committee is a personal campaign committee, a political party committee,
a
7legislative campaign committee, a support committee or a special interest
8committee.
AB1-ASA1-CA2,9,1210
11.05
(3) (m) In the case of a personal campaign committee, the name of the
11candidate on whose behalf the committee was formed or intends to operate and the
12office or offices that the candidate seeks.
AB1-ASA1-CA2,9,1715
11.05
(3) (r) In the case of a candidate or personal campaign committee of a
16candidate, the telephone number or numbers and a facsimile transmission number
17or electronic mail address, if any, at which the candidate may be contacted.
AB1-ASA1-CA2,9,2519
11.05
(5) Change of information. Any change in information previously
20submitted in a statement of registration shall be reported by the registrant to the
21appropriate filing officer within 10 days following the change. This period does not
22apply in case of change of an indication made under
sub. (2r) s. 11.06 (2m), which
23shall be reported no later than the date that a registrant is subject to a filing
24requirement under
sub. (2r) s. 11.06 (2m). Any such change may be reported only by
25the individual or by the officer who has succeeded to the position of an individual who
1signed the original statement; but in the case of a personal campaign committee, a
2candidate or campaign treasurer may report a change in the statement except as
3provided in s. 11.10 (2), and in the case of any other committee or group, the chief
4executive officer or treasurer indicated on the statement may report a change. If a
5preexisting support committee is adopted by a candidate as his or her personal
6campaign committee, the candidate shall file an amendment to the committee's
7statement under this subsection indicating that all information contained in the
8statement is true, correct and complete.
AB1-ASA1-CA2, s. 1fh
9Section 1fh. 11.05 (9) (title) of the statutes is repealed and recreated to read:
AB1-ASA1-CA2,10,1010
11.05
(9) (title)
Deposit of contributions; conduits.
AB1-ASA1-CA2,10,1712
11.05
(9) (b) An individual who or a committee or group which receives a
13contribution of money and transfers the contribution to another individual,
14committee
, or group while acting as a conduit is not subject to registration under this
15section unless the individual, committee
, or group transfers the contribution to a
16candidate or a personal campaign,
legislative campaign, political party
, or support
17committee.
AB1-ASA1-CA2,11,219
11.05
(12) (b) Except as authorized under sub. (13), a committee, group or
20individual other than a candidate or agent of a candidate shall comply with sub. (1)
21or (2) no later than the 5th business day commencing after receipt of the first
22contribution by such committee, group or individual, and before making any
23disbursement. No committee, group or individual, other than a candidate or agent
24of a candidate, may accept any contribution or contributions exceeding
$25 in the
25aggregate the amount specified in sub. (1) or (2) during a calendar year at any time
1when the committee, group or individual is not registered under this section except
2within the initial 5-day period authorized by this paragraph.
AB1-ASA1-CA2,11,104
11.05
(13) Bank account and postal box; exemption. An individual, committee
5or group does not violate this section by accepting a contribution and making a
6disbursement in the amount required to rent a postal box, or in the minimum amount
7required by a bank or trust company to open a checking account, prior to the time of
8registration, if the disbursement is properly reported on the first report submitted
9under s. 11.20
or 11.21 (16) after the date that the individual, committee or group is
10registered, whenever a reporting requirement applies to the registrant.
AB1-ASA1-CA2,11,1812
11.06
(1) Contents of report. (intro.) Except as provided in subs. (2),
(3) (2m), 13and (3m) and
ss. 11.05 (2r) and s. 11.19 (2), each registrant under s. 11.05 shall make
14full reports, upon a form prescribed by the board and signed by the appropriate
15individual under sub. (5), of all contributions received, contributions or
16disbursements made, and obligations incurred. Each report shall contain the
17following information, covering the period since the last date covered on the previous
18report, unless otherwise provided:
AB1-ASA1-CA2,12,220
11.06
(1) (cm) If a candidate wishes to make disbursements using contributions
21that are not subject to the restriction under s. 11.24 (1w) and that are exempt from
22the limitations under s. 11.26 (9), as provided under s. 11.26 (9m), a separate
23schedule itemizing those contributions that the candidate intends to use to make
24disbursements that are exempt from those limitations. The separate schedule may
1include contributions previously reported by the candidate and, if so, shall indicate
2the amounts and dates on which those contributions were reported as received.
AB1-ASA1-CA2,12,63
(dm) A separate schedule itemizing those contributions that were transferred
4to the registrant by a conduit, together with the name and address of the conduit, the
5date and amount of each transfer, and the cumulative total amount transferred to
6the registrant by the conduit for the calendar year.
AB1-ASA1-CA2,12,118
11.06
(1) (e) An itemized statement of contributions over $20 from a single
9source donated to a charitable organization or to the common school fund, with the
10full name and mailing address of the donee
, and a statement of contributions over
11$20 transferred to the board for deposit in the Wisconsin election campaign fund.
AB1-ASA1-CA2,12,2213
11.06
(2) Disclosure of certain indirect disbursements. Notwithstanding
14sub. (1), if a disbursement is made or obligation incurred by an individual other than
15a candidate
, or by a committee or group which is not primarily organized for political
16purposes
, for a purpose other than to make a communication described in s. 11.01
17(16) (a) 3., and the disbursement does not constitute a contribution to any candidate
18or other individual, committee or group, the disbursement or obligation is required
19to be reported only if the purpose is to expressly advocate the election or defeat of a
20clearly identified candidate or the adoption or rejection of a referendum. The
21exemption provided by this subsection shall in no case be construed to apply to a
22political party,
legislative campaign, personal campaign or support committee.
AB1-ASA1-CA2,13,1724
11.06
(2m) (b) Any individual or committee who or which is required to file an
25oath under sub. (7), who or which accepts contributions, makes disbursements, or
1incurs obligations for the purpose of supporting or opposing one or more candidates
2for state office, and who or which does not anticipate accepting contributions, making
3disbursements, or incurring obligations in an aggregate amount in excess of $1,000
4in a calendar year and does not anticipate accepting any contribution or
5contributions from a single source exceeding $100 in that year may indicate on its
6registration statement that the individual or committee will not accept
7contributions, incur obligations, or make disbursements in the aggregate in excess
8of $1,000 in any calendar year and will not accept any contribution or contributions
9from a single source exceeding $100 in any calendar year. Any registrant making
10such an indication is not subject to any filing requirement if the statement is true.
11The registrant need not file a termination report. A registrant not making such an
12indication on a registration statement is subject to a filing requirement. The
13indication may be revoked and the registrant is then subject to a filing requirement
14as of the date of revocation, or the date on which aggregate contributions,
15disbursements, or obligations for the calendar year exceed $1,000, or the date on
16which the registrant accepts any contribution or contributions exceeding $100 from
17a single source during any calendar year, whichever is earlier.
AB1-ASA1-CA2,14,1018
(c) Any individual or committee who or which is required to file an oath under
19sub. (7), who or which accepts contributions, makes disbursements, or incurs
20obligations for the purpose of supporting or opposing one or more candidates for local
21office but not for the purpose of supporting or opposing any candidate for state office,
22and who or which does not anticipate accepting contributions, making
23disbursements, or incurring obligations in an aggregate amount in excess of $100 in
24a calendar year may indicate on its registration statement that the individual or
25committee will not accept contributions, incur obligations, or make disbursements
1in the aggregate in excess of $100 in any calendar year and will not accept any
2contribution or contributions from a single source, other than contributions made by
3a candidate to his or her own campaign, exceeding $100 in any calendar year. Any
4registrant making such an indication is not subject to any filing requirement if the
5statement is true. The registrant need not file a termination report. A registrant not
6making such an indication on a registration statement is subject to a filing
7requirement. The indication may be revoked and the registrant is then subject to a
8filing requirement as of the date of revocation, or the date that aggregate
9contributions, disbursements, or obligations for the calendar year exceed $100,
10whichever is earlier.
AB1-ASA1-CA2,14,1211
(d) If a revocation by a registrant under this subsection is not timely, the
12registrant violates s. 11.27 (1).
AB1-ASA1-CA2,14,1714
11.06
(3) (b) (intro.)
Notwithstanding sub. (1), a A nonresident registrant
shall
15report on a form prescribed by the board the applicable information
that makes a
16report under sub. (1)
shall ensure that the report separately states information
17under sub. (1) concerning
all of the following, in a manner prescribed by the board:
AB1-ASA1-CA2,14,2319
11.06
(4) (b) Unless it is returned or donated within 15 days of receipt, a
20contribution must be reported as received and accepted on the date received. This
21subsection paragraph applies notwithstanding the fact that the contribution is not
22deposited in
the a campaign depository account by the closing date for
the a reporting
23period as provided in s. 11.20 (8)
or the reporting deadline provided in s. 11.21 (16).